Court of Appeals Decision List
Decided October 26, 2004
Cases
Rhonda Covington, Appellant, v. Carlton Walker, Respondent.	Order reversed, without costs, and case remitted to Supreme Court, Westchester County, for further proceedings in accordance with the opinion herein. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Paula Forrest, Appellant, v. Jewish Guild for the Blind, et al., Respondents.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith concurs in result in an opinion.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified questions answered in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
John J. Sheehy, Respondent, v. Clifford Chance Rogers & Wells LLP, &c., Appellant.	Order, insofar as appealed from, reversed, with costs, order of Supreme Court, New York County, reinstated and certified question answered in the negative. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge Ciparick took no part.
Motions
In the Matter of Ramzan Ali, Appellant, v. Queens County Supreme Court, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Fahim Ansari, Appellant, v. Brion D. Travis, Chairman, New York State Division of Parole, Respondent.	Motion for leave to appeal denied.
In the Matter of Anne Y. Auclair, Appellant, v. George A. Bolderson, Respondent. (And Two Other Related Proceedings).	Motion for leave to appeal denied.
In the Matter of Jake Bello, Ph.D., et al., Respondents, v. Roswell Park Cancer Institute, et al., Appellants.	Motion for leave to appeal granted.
In the Matter of Hilary Best, Appellant, v. Bargold Storage Systems, LLC, Respondent.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Andrew Cacciatore, Appellant, v. A J Hunter Construction Company et al., Respondents, Workers' Compensation Board, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied.
Ellen DeRiso, &c., Appellant, v. Synergy USA, &c., Respondent.	Motion for leave to appeal denied.
The People &c. ex rel. Michael Erber, Appellant, v. Gary Greene, Superintendent, Great Meadow Correctional Facility, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Ira E. Garr, P.C., Respondent, v. Sara Kinberg, Appellant.	Motion for leave to appeal denied.
In the Matter of Brigitte Gerdjikian, Deceased. Dennis Gerdjikian, et al., Respondents; Brigitte Muller, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
Susan Gross, Also Known as Susan G. Berlly, Respondent, v. Iris Sandow, Appellant.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Sharon C. Harrington, Respondent, v. Leigh E. Harrington, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Donald L. Hassig, Appellant, et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed the denial of appellant's motion to supplement the petition, dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of James Hughes, et al., Respondents, Local 333, United Marine Division, ILA, AFL-CIO, &c., et al., Intervenors, v. John J. Doherty, &c., Appellant.	Motion for leave to appeal granted.
In the Matter of KSLM-Columbus Apartments, Inc., Respondent, v. New York State Division of Housing and Community Renewal, Respondent-Appellant, Westgate Tenants Association, et al., Intervenors-Appellants- Respondents.	Motion by New York State Tenants & Neighbors Coalition, Inc., et al. for leave to file a brief amici curiae on the motions for leave to appeal herein granted and the brief is accepted as filed.
In the Matter of KSLM-Columbus Apartments, Inc., Respondent, v. New York State Division of Housing and Community Renewal, Respondent-Appellant, Westgate Tenants Association, et al., Intervenors-Appellants- Respondents.	Motions for leave to appeal granted.
In the Matter of Nelson Lorenzo, Appellant, v. Captain Neuwirth, as Hearing Officer at Woodbourne Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Charles Reginald Montgomery, Jr., Appellant, v. Federal Express Corporation, et al., Respondents, v. Universal Services Group, Ltd., Third-Party Defendant, Fortune Interior Dismantling Corp., Third-Party Respondent.	Motion for leave to appeal granted.
The People &c., Respondent, v. Gary Overman, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Nehemiah D. Rolle, Appellant, v. Superintendent Harold McKinney, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Janet Wohl Salemi, Appellant, v. Robert Salemi, Respondent.	Motion for leave to appeal dismissed upon the ground that timely substitution has not been made (see, CPLR 1021).
Julio Cesar Wilson Stajano, et al., Appellants, v. United Technologies Corporation, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the March 2004 Appellate Division order that affirmed the dismissal of appellants' complaint, denied; motion, insofar as it seeks leave to appeal from the remainder of that order and from the July 2004 Appellate Division order denying reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that the remainder of the March 2004 Appellate Division order and the July 2004 order do not finally determine the action within the meaning of the Constitution.
In the Matter of Harry Steadman, Appellant, v. Donald Selsky, &c., Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Arlene Turini, &c., Appellant, v. County of Suffolk, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Megan V. (Anonymous). Suffolk County Department of Social Services, Respondent; John V. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Angelica V. (Anonymous). Suffolk County Department of Social Services, Respondent; John V. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied.
Wilson Vasquez, et al., Respondents, v. Skyline Construction & Restoration Corp., Appellant, et al., Defendants.	Motion for leave to appeal denied.
Diana Wendy, Respondent, v. Gilbert Spector et al., Appellants.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
In the Matter of Kimberly M. Wilder, Appellant, et al., Petitioners, v. Suffolk County Board of Elections, &c., Respondent.	Motion for leave to appeal denied.