Court of Appeals Decision List
Decided March 30, 2004
Cases
In the Matter of Classic Realty
LLC, &c.,
Appellant,
v.
New York State Division of
Housing and Community Renewal,
Respondent.

Order reversed, with costs, and matter
remitted to Supreme Court, New York
County, with directions to remand to the
New York State Division of Housing and
Community Renewal 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.
The People &c.,
Respondent,
v.
Dexter Hemmings,
Appellant.
Order affirmed.
Opinion by Judge Graffeo.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Read and Smith
concur.
In the Matter of Hertz
Corporation,
Appellant,
v.
Commissioner of Labor,
Respondent.

Order reversed, with costs, and matter
remitted to the Appellate Division, Third
Department, with directions to remand to
respondent for further proceedings in
accordance with the memorandum herein.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Read and Smith
concur.
Judge Graffeo took no part.
New York State Association of
Nurse Anesthetists,
Respondent,
v.
Antonia C. Novello, as
Commissioner of Health, et al.,
Appellants.
Order reversed, with costs, and complaint
dismissed.
Opinion by Chief Judge Kaye.
Judges George Smith, Ciparick, Rosenblatt,
Graffeo and Read concur.
Judge Robert Smith dissents in an opinion.
New York Telephone Company,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Action No. 1)
---------------------------------
In the Matter of New York Water
Service Corporation,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Proceeding No. 1)
---------------------------------
In the Matter of Long Island
Water Corporation,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Proceeding No. 2)
Order, insofar as appealed from, reversed,
with costs, and cases remitted to Supreme
Court, Nassau County, for further
proceedings in accordance with the opinion
herein.
Opinion by Judge George Smith.
Chief Judge Kaye and Judges Ciparick,
Rosenblatt, Graffeo, Read and Robert Smith
concur.

The People &c.,
Appellant,
v.
Dana W. Tyler,
Respondent.
Order affirmed.
Opinion by Judge Read.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt, Graffeo and
Smith concur.
Motions
Andrew Greenberg, Inc.,
Appellant,
v.
Sir-Tech Software, Inc. et al.,
Defendants,
Sir-Tech Canada, Ltd. et al.,
Respondents.
Motion for leave to appeal granted.
In the Matter of Ashley B.,
et al.
---------------------------------
Oneida County Department of
Social Services,
Respondent;
Laney K. et al.,
Appellants.
Motion for leave to appeal denied.
Edward Bradshaw,
Appellant,
v.
National Structures, Inc.,
Respondent.
---------------------------------
(And Two Third-Party Actions).
Motion for leave to appeal denied.
Michael Brady,
Appellant,
v.
Benenson Capital Co., et al.,
Respondents.
(And A Third-Party Action)
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Kenneth Browne et al.,
Respondents,
v.
Prime Contracting Design Corp.,
Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of John P.
Callanan,
Respondent,
v.
Police Commission for Town of
Clarkstown,
Appellant.
Motion for leave to appeal denied.
Isabel Canela, &c.,
Respondent,
v.
Audubon Gardens Realty Corp.,
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.
John C. Delmarle,
Appellant.
Motion for leave to appeal denied.
Dime Savings Bank of New York,
Respondent,
v.
Anne M. Glavey,
Appellant.
Motion for leave to appeal denied.
Dorothy Fitch, &c., et al.,
Plaintiffs,
v.
Turner Construction Company,
et al.,
Defendants.
---------------------------------
(And Other Actions)
---------------------------------
Turner Construction Company,
et al.,
Third Third-Party Respondents,
v.
Owen Steel Company, Inc., et al.,
Third Third-Party Respondents,
American Steel Erectors, Inc.,
Third Third-Party Appellant,
Reliance National,
Third Third-Party Defendant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Irene Fleischer,
Respondent,
v.
McKenica Corporation et al.,
Appellants.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
In the Matter of Jason G. et al.,
Children Under the Age of 18
Years Alleged to be Neglected.
Pamela G.,
Appellant,
Commissioner of the Administra-
tion for Children's Services,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
The People &c. ex rel. Terrice
Harvey,
Appellant,
v.
Michael Parrott, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
Industron Associates, Inc.,
Respondent,
v.
United Innovations, Inc.,
Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Joan Hansen & Co., Inc.,
Appellant,
v.
Everlast World's Boxing
Headquarters Corp.,
Respondent,
Everlast Worldwide Inc., &c.,
et al.,
Defendants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Elvin Lebron,
Appellant,
v.
Hon. Barbara Kapnick,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of John Lodge
et al.,
Appellants,
v.
Louis S. D'Aliso, &c. et al.,
Respondents.
Motion for leave to appeal denied.
In the Matter of Teresa E. Myers,
Appellant,
v.
H. Carl McCall, &c.,
Respondent.
Motion for leave to appeal denied.
New York Telephone Company,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Action No. 1)
---------------------------------
In the Matter of New York Water
Service Corporation,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Proceeding No. 1)
---------------------------------
In the Matter of Long Island
Water Corporation,
Appellant,
v.
Nassau County, et al.,
Respondents.
(Proceeding No. 2)
Motion to strike portions of respondents'
brief denied.
In the Matter of Edward A.
O'Brien, III,
Appellant,
v.
Teresa Readling O'Brien,
Respondent.
Motion for leave to appeal denied.
Primagency, Inc.,
Respondent,
v.
V-Formation, Inc.,
Appellant.

Motion, insofar as it seeks leave to
appeal from that portion of the Appellate
Division order that affirmed Supreme
Court's denial of the motion to vacate,
dismissed upon the ground that such
portion of the order does not finally
determine the action within the meaning
of the Constitution; motion for leave to
appeal otherwise denied.
Meghan Robertson, &c., et al.,
Respondents,
v.
Stuart Greenstein, M.D., 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.
Rondout Electric, Inc.,
Appellant,
v.
Monroe-Woodbury Central School
District,
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 Antoinette
Savidis,
Appellant,
v.
Board of Education Retirement
System for City of New York
et al.,
Respondents.
Motion for leave to appeal denied.
Marietta Small, &c.,
Appellant,
v.
Joseph Gutleber, Jr., et al.,
Respondents.
(And A Third-Party Action)
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Paula S. Sparaco,
Respondent,
v.
John R. Sparaco,
Appellant.
Motion for leave to appeal denied.
In the Matter of Steuben County
Support Collection Unit, &c.,
Respondent,
v.
Robin G. Bartholomew,
Appellant.
---------------------------------
In the Matter of Robin G.
Bartholomew,
Appellant,
v.
Steuben County Support Collection
Unit, &c.,
Respondent.
Motion for leave to appeal denied.
In the Matter of Martin H.
Tankleff,
Appellant,
v.
Daniel A. Senkowski, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of Gary Thompson,
Appellant,
v.
Saucke Brothers Construction
Company, Inc.,
Respondent.
Workers' Compensation Board,
Respondent.
Motion for leave to appeal denied.
United Water New Rochelle, Inc.,
Respondent,
v.
Planning Board of Town of
Eastchester, et al.,
Appellants.
(Matter No. 1)
---------------------------------
In the Matter of United Water
New Rochelle, Inc.,
Respondent,
v.
Planning Board of Town of
Eastchester, et al.,
Appellants.
(Matter No. 2)
Motion for leave to appeal denied.


In the Matter of Lashawn
Winthrop,
Appellant,
v.
Glenn S. Goord, &c.,
Respondent.

Motion, insofar as it seeks leave to
appeal from the Appellate Division order
denying summary relief, dismissed upon
the ground that such order does not
finally determine the proceeding within
the meaning of the Constitution; motion,
insofar as it seeks leave to appeal from
the Appellate Division order of
affirmance, dismissed as untimely
(see, CPLR 5513[b]).
Motion for poor person relief dismissed as
academic.