Court of Appeals Decision List
Decided December 2, 2004
Cases
The People &c., Respondent, v. Simeon Duggins, Appellant.	Order affirmed. Opinion by Judge Read. Judges G.B. Smith, Rosenblatt and Graffeo concur. Judge R.S. Smith dissents and votes to reverse in an opinion in which Chief Judge Kaye and Judge Ciparick concur.
Excess Insurance Company Ltd., et al., Respondents, v. Factory Mutual Insurance Company, &c., Appellant.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and R.S. Smith concur. Judge Read dissents and votes to modify by denying both motions for summary judgment in an opinion.
The People &c., Respondent, v. Ederick Fabricio, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Appellant, v. Jose Marrero, Respondent.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
David J. Tonking et al., Plaintiffs, v. The Port Authority of New York and New Jersey, et al., Defendants. -------------------------------- (and a third-party action) -------------------------------- Bovis Lend Lease LMB, Inc. &c, Second Third-Party Appellant, v. V.P.H. Mechanical Corp., Second Third-Party Respondent.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of City Council of the City of Watervliet et al., Appellants, v. Town Board of the Town of Colonie, Respondent.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Motions
Aimco Chelsea Land, LLC, et al., Respondents, v. Joan R. Bassey, &c., Appellant, Fidelity National Title Insurance Company of New York, Respondent.	Motion for leave to appeal denied.
Arnold Angerman, Respondent, v. City of White Plains, Appellant.	Motion for leave to appeal denied.
ACE Fire Underwriters Insurance Company, Respondent, v. Orange-Ulster Board of Cooperative Educational Services, et al., Appellants, National Union Insurance Company of Pittsburgh, PA, et al., Third-Party Respondents.	Appeal from the November 2003 Appellate Division order dismissed without costs, by the Court sua sponte, upon the ground that such order was recalled and vacated by a June 2004 superceding Appellate Division order which is in favor of appellants and does not finally determine the action within the meaning of the Constitution.
In the Matter of Katherine Barnhart, et al., Appellants, v. Hon. John Cataldo, et al., Respondents.	Motion for leave to appeal granted. Motion for a stay dismissed as academic as the parties have stipulated to stay sentencing pending determination of the appeal.
The People &c. ex rel. Reggie Caswell, Appellant, v. Anthony Zon, &c., et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the motion for leave to appeal does not lie from the order of an individual Justice of the Appellate Division (see, NY Const, art VI, § 3; CPLR 5602).
In the Matter of Mark Drucker, Appellant, v. New York City Agency FISA, Respondent.	Motion for leave to appeal denied.
In the Matter of the Estate of Howard J. Fairbairn, Deceased. Barbara L. Fairbairn, Respondent; Richard Fairbairn, Appellant.	Motion for leave to appeal denied.
Clarence Harley, Appellant, v. Robert Adler, &c., et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
George Hom, Appellant, v. Rosemary Weintraub, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution.
In the Matter of Michael Howard, Appellant, v. Glenn S. Goord, &c., Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the Appellate Division "judgment" appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for leave to appeal denied.
Kingsley Arms, Inc., Appellant, v. Copake-Taconic Hills Central School District et al., Respondents, et al., Defendants.	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 David Kuntz, et al., Appellants, v. Bernadette Castro, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from so much of Supreme Court's order and judgment as denied appellants' request for a preliminary injunction, dismissed upon the ground that such portion 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 Carmine Montemarano et al., Appellants, v. Gregory V. Serio, Superintendent of Insurance of the State of New York, &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 proceeding within the meaning of the Constitution and is not an order of the type provided for in CPLR 5602(a)(2).
In the Matter of Ciara C.O., &c. Maureen C., Appellant; Administration for Children's Services, Respondent. --------------------------------- In the Matter of Ciara C.O., &c. James C., et al., Respondents; Maureen C., 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.
Charleen Palumbo, Respondent, v. Robert Palumbo, Appellant.	Motion for leave to appeal dismissed upon the ground that the September 2004 Appellate Division order does not finally determine the action within the meaning of the Constitution and no direct avenue of appeal lies to this Court from the April 2003 judgment of Supreme Court, appellant previously having appealed that judgment to the Appellate Division. Motion for a stay dismissed as academic.
Town of Parma, Respondent, v. Robert Lynchesky, Appellant.	Motion for reargument denied.
The People &c., Respondent, v. Kenneth H. Payne, Appellant.	Motion for reargument denied.
Priscilla V. Schantz, Respondent, v. Jean F. O'Sullivan, Appellant, et al., Defendants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Dominique W. (Anonymous). Administration for Children's Services, et al., Respondents; Juana D. (Anonymous), Appellant.	Motion for leave to appeal dismissed as untimely (CPLR 5513[b]).
In the Matter of Bryan Woodall, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondents.	Appeal, insofar as taken from that portion of the Appellate Division order that affirmed Supreme Court's denial of appellant's motion for reconsideration, dismissed without costs, by the Court sua sponte, upon the ground that such portion of the order appealed from does not finally determine the proceeding within the meaning of the Constitution; appeal, insofar as taken from that portion of the Appellate Division order that affirmed Supreme Court's judgment dismissing the petition, dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitu- tional question.