Court of Appeals Decision List
Decided November 30, 2004
Cases
James R. Beehner and Anne F. Beehner, Appellants, v. Eckerd Corporation, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and and Smith concur.
In the Matter of Francisco Felix, Respondent, v. New York City Department of Citywide Administrative Services, et al., Appellants.	Order reversed, with costs, and petition dismissed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of John A. Graziano, &c., Appellant, v. County of Albany et al., Respondents.	Order modified, without costs, by remitting to Supreme Court, Albany County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Graffeo. Judges Ciparick, Read and R.S. Smith concur. Judge Rosenblatt dissents in part and votes to affirm in an opinion in which Chief Judge Kaye and Judge G.B. Smith concur.
The People &c., Appellant, v. Peter Inserra, Respondent.	Order reversed and case remitted to the Appellate Term for the 2nd and 11th Judicial Districts for consideration of the facts (CPL 470.25[2][d], 470.40[2][b]). Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
Artemus Lyles, Appellant, v. The State of New York, Respondent.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Franklin Rodriguez, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith and Ciparick concur. Judge Graffeo concurs in result in an opinion in which Judges Read and R.S. Smith concur.
In the Matter of Word of Life Ministries, Petitioner, v. Nassau County et al., Respondents. (Proceeding No. 1) --------------------------------- In the Matter of Word of Life Ministries, Respondent, v. Incorporated Village of Freeport, Appellant. (Proceeding No. 2)	Order affirmed, with costs. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Amos Babalola, Appellant, v. Olsten Temporary Staffing Corporation et al., Respondents. Workers' Compensation Board, 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. Motion for poor person relief dismissed as academic.
Ever S. Benitez, a/k/a Ebert S. Benitez, &c., Appellant, v. Diane Olson, et al., Defendants, Town of Islip, Respondent. (And A Third-Party Action).	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, alternatively, 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.
Abraham Berkowitz, Appellant, v. Fischbein, Badillo, Wagner & Harding, Respondent, et al., Defendants.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
In the Matter of Broome County District Attorney's Office, Appellant, v. Joseph B. Meagher, as Judge of the Town Court of the Town of Vestal, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Jamel Brown, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied.
Miguel Carrasco, Appellant, v. Aurora Mendez, Respondent.	Motion for leave to appeal granted.
Rafael Chevere, &c., Respondent, v. Hyundai Motor Company, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Rafael Chevere, &c., Respondent, v. Hyundai Motor Company, et al., Appellants.	Motion by the Association of International Automobile Manufacturers, Inc. for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Rafael Chevere, &c., Respondent, v. Hyundai Motor Company, et al., Appellants.	Motion by the Product Liability Advisory Council, Inc. for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
In the Matter of Helen Domotor, Appellant, v. State Farm Mutual Insurance Company, Respondent.	Motion for leave to appeal denied.
Tracy Glasheen et al., Appellants, v. Long Island Diagnostic Imaging, et al., Respondents, et al., Defendant. (Action No. 1) --------------------------------- Tracy Glasheen et al., Plaintiffs, v. Albert Adler, &c., Defendant. (Action No. 2)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Gearlene Hemingway, Appellant, v. U.S. Bank National, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the Court does not have jurisdiction to entertain it (see, CPLR 5601). Motion for leave to appeal &c. dismissed upon the ground that this Court does not have jurisdiction to entertain it (see, CPLR 5602). Motion for poor person relief dismissed as academic.
Matter of Glen S. Hockley, Appellant, v. Francis A. Nicolai, &c., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Edward Koehl, Appellant, v. Daniel Senkowski, as Superinten- dent of Clinton Correctional Facility, Respondent.	Motion for leave to appeal denied.
In the Matter of Sean Moogan, Appellant, v. New York State Department of Health, et al., Respondents.	Motion for leave to appeal denied.
Robyn Murphy, Respondent, v. Kenneth Murphy, Appellant.	Motion for leave to appeal denied.
The City of New York, Respondent, v. United Rehabilitation Corporation, 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.
The People &c., Respondent, v. Ramon Ortiz aka Carlos Piris Rodriguez, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order of Supreme Court entered in this criminal proceeding (see, NY Const, art VI, § 3[b]; CPLR 5601; CPL 450.90; CPL 450.15[1]).
Maria Torricelli, &c., et al., Respondents, v. Anthony M. Pisacano, M.D., et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.