Court of Appeals Decision List
Decided June 29, 2004
Cases
Anonymous, Respondent, v. Bureau of Professional Medical Conduct/State Board for Professional Medical Conduct, et al., Appellants.	Order affirmed, with costs. Certified question not answered upon the ground that it is unnecessary. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Leslie Dowleyne, et al., Appellants, v. New York City Transit Authority, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Perry Frankel, Respondent, v. Karyn Frankel, Defendant, Schlissel, Ostrow, Karabatos, Poepplein & Taub, PLLC, Nonparty-Appellant.	Order reversed, with costs, and order of Supreme Court, Nassau County, reinstated. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of New York Civil Liberties Union, Appellant, v. City of Schenectady, et al., Respondents.	Order reversed, with costs, and matter remitted to Supreme Court, Schenectady County, for further proceedings in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Eric Providence, Appellant.	Order affirmed. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
Motions
Adirondack Park Agency, Respondent, v. John A. Bucci et al., Appellants, William Martin, et al., Defendants, Marylee Armour, Intervenor-Appellant.	Motion by John and Linda Bucci for leave to appeal dismissed upon the ground that as to them the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Motion by Marylee Armour for leave to appeal denied.
Paul Alicanti, et al., Appellants, v. William F. Bianco, et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion for leave to appeal granted.
In the Matter of Marylee Armour, Appellant, v. Adirondack Park Agency, Respondent.	Motion for leave to appeal denied.
In the Matter of Prince Backman, Appellant, v. Glenn S. Goord, Commissioner, New York Department of Correctional Services, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Beneficial Mortgage Corporation, Respondent, v. Carl Lawrence et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of John A. Bucci et al., Appellants, v. Adirondack Park Agency, Respondent.	Motion for leave to appeal denied.
Joseph Campbell, Appellant, v. City of New York, Respondent, William Huckemeyer, &c., et al., Defendants.	Motion for leave to appeal granted.
In the Matter of Ronald J. Chisena, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, Respondent, Ronald J. Chisena, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Alice Clissuras, Appellant, v. Concord Village Owners, Inc. et al., Respondents.	On the Court's own motion, appeal, insofar as taken from the Appellate Division orders, dismissed, without costs, as untimely (CPLR 5513), and appeal, insofar as taken from letters of the Clerk's Office of the Appellate Division, Second Department, dismissed, without costs, upon the ground that the letters do not constitute an order or judgment appealable to this Court (see, CPLR 5512[a], 5601; NY Const, art VI, § 3). Motion for other relief dismissed upon the ground that this Court does not have jurisdiction to entertain it (see, NY Const, art VI, § 3).
The People &c., Respondent, v. Ryan C. Cook, Appellant.	Motion for leave to appeal denied.
Credit Suisse First Boston Corporation, Appellant, v. William Pitofsky et al., Respondents.	Motion for leave to appeal granted. Motion for a stay granted to the extent of staying so much of the Appellate Division order as directs the parties to proceed to arbitration.
In the Matter of George Denton, Deceased. G. Hallett Denton, Respondent, v. Andrew A. Hyman, et al., Appellants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
EMF General Contracting Corp., Respondent, v. Michael R. Bisbee, 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.
General Motors Acceptance Corporation, et al., Respondents, v. Nationwide Insurance Company, Appellant.	Motion for leave to appeal granted.
General Motors Acceptance Corporation, et al., Respondents, v. Nationwide Insurance Company, Appellant.	Motion by Thomas R. Newman, Esq. for leave to appear amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.
Patrick J. Gillis, et al., Appellants, v. Toll Land XIII Limited Partner- ship, Respondent, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of John I., a Neglected Child. St. Lawrence County Department of Social Services, Respondent; Lisa J., Appellant.	Motion for leave to appeal denied.
James Ingargiola, Appellant, v. Waheguru Management, Inc., &c., et al., Respondents.	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.
Jaffe & Asher LLP, Respondent, v. Arnold S. Ross, 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.
Sandra Kaplan, M.D., Appellant, v. Rache Simmons, M.D. et al., Respondents. NYCo Index No 113809/97	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Kiamesha Artesian Spring Water Company, Inc., Respondent, v. Concord Associates, L.P., Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jorge Largo-Chicaiza, Plaintiff, v. Westchester Scaffold Equipment Corp., Defendant, Vermont Slate Roof Co., et al., Respondents, Peter B. McCaffrey et al., Appellants; Salvatore Sanzo, Third-Party Respondent.	Motion for leave to appeal granted.
In the Matter of Elvin Lebron, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Mary Levine, Respondent, v. Infidelity, Inc., et al., Appellants.	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 Leo A. Marino, Appellant, v. Robert M. Morgenthau, District Attorney, New York County, Respondent.	Motion for reargument denied.
In the Matter of Ronald Milone, Appellant, v. Trustees of the Freeholders and Commonality of the Town of Easthampton, Long Island, N.Y., Respondent.	Motion for leave to appeal denied.
In the Matter of Geoffrey T. Mott, an attorney and counselor- at-law. Grievance Committee for the Tenth Judicial District, Respondent; Geoffrey T. Mott, Appellant.	Motion for leave to appeal denied.
In the Matter of Larry Porter, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Dorca Diaz Ramos, &c. et al., Appellants, v. 1199 Housing Corporation, Respondent; Watchdog Patrols, Inc., Third-Party Respondent.	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 Victor Rodriguez-Rivera, &c., Respondent, v. Raymond Kelly, &c., et al., Appellants.	Motion for reargument denied with one hundred dollars costs and necessary reproduction disbursements.
Wayne C. Schifelbine, Respondent, v. Foster Wheeler Corporation, et al., Appellants. --------------------------------- (And a third-party action).	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.
Wayne C. Schifelbine, Respondent, v. Foster Wheeler Corporation et al., Third-Party Respondents, v. K.C. Swann & Son Roofing Company, Inc., Third-Party 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 Ernie Simpson, Appellant, v. County of Westchester, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Eric Smith, Appellant.	Motion for leave to appeal denied.
In the Matter of Thomas Von Essen, &c., et al., Respondents, v. New York City Civil Service Commission, Respondent, Robert Joel, Appellant.	Motion for leave to appeal granted.
Peggy Wurm, D.D.S., Appellant-Respondent, v. Commercial Insurance Company of Newark, New Jersey, et al., Respondents-Appellants.	Motions for leave to appeal denied.