Court of Appeals Decision List
Decided August 31, 2004
Cases
Capitol Records, Inc., Appellant, v. Naxos of America, Inc., Respondent.	Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Aleksey Chizh, Appellant, v. Hillside Campus Meadows Associates, LLC, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
The People &c., Respondent, v. Vernal Aldegon, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Annette B. (Anonymous). Orange County Department of Social Services, Respondent, Joseph B. (Anonymous), Appellant.	Motion for assignment of counsel granted and Neal D. Futerfas, Esq., 50 Main Street, Suite 100, White Plains, NY 10606 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. Anthony Barnwell, Appellant.	Motion for leave to appeal denied.
In the Matter of Best Payphones, Inc., Appellant, v. Department of Information Technology and Telecommunications of City of New York, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from the order denying appellant's motion for reargument and renewal, 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 granted.
Blue Cross and Blue Shield of New Jersey, Inc., &c. et al., Plaintiffs-Respondents, v. Philip Morris USA Incorporated, et al., Defendants-Appellants, B.A.T. Industries P.L.C., et al., Defendants.	Motion by Pharmaceutical Research and Manufacturers of America for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
Tanya Bonnette, &c., Appellant, v. Long Island College Hospital, et al., Respondents, et al., Defendants.	Motion by New York State Trial Lawyers Association for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Respondent, v. Clifford Burgess, Appellant.	Motion for leave to appeal denied.
In Matter of Elsie Caldwell, Appellant, v. Alliance Consulting Group, Inc., et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
In the Matter of Thomas Carvel, Deceased. Thomas and Agnes Carvel Foundation, Respondent; Pamela Carvel et al., Appellants, Robert M. Davis, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Michael A. Davis, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Ira E. Garr, P.C., Respondent, v. Sara Kinberg, Appellant.	Motion for leave to appeal denied.
In the Matter of Hasaun Grigger, Appellant, v. Brion D. Travis, Chairman, New York State Division of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Fatimah Hassan-Willis, &c., et al., Appellants, v. St. Gerard's School, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. William Hogue, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Nathaniel Jackson, Appellant, v. Joseph Smith, &c., et al., Respondents.	Motion for leave to appeal denied. The Court of Appeals restates the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284, 297-298).
In the Matter of Marcus Johnson, Appellant, v. William Mazzuca, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Melvyn Kaufman, Appellant, v. Tudor Realty Services Corp., Respondent.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
Thomas Knauer, Respondent, v. Diane L. Anderson, &c., et al., Defendants. --------------------------------- Diane L. Anderson, &c. et al., Third-Party Respondents, et al., Third-Party Plaintiff, v. Ronald A. Knauer, Jr., &c., Third-Party Appellant.	Motion for leave to appeal granted.
Manuel Martinez, Appellant, v. Royal-Pak Systems, et al., Respondents. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Garry Murray, Appellant, v. Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Garry Murray, Appellant, v. Timothy Murray, Superintendent, Groveland Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Yvonne N., Alleged to be a Permanently Neglected Child. Greene County Department of Social Services, Respondent; Furman N., Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Ariel Nazario, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by Joseph L. Woolston, M.D., et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
In the Matter of Joaquin Pena, Jr., Appellant, v. Hon. Nicholas Iacovetta, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Jose Pinella, Appellant, v. Howard Safir, &c., Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Carlos Prado, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. Jonathan Rice, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Thomas Riley, Appellant, v. State of New York, 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. Motion for poor person relief dismissed as academic.
Sailsman Graphics Company, Inc., &c., et al., Appellants, v. Verizon Yellow Pages Company, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Lawrence Savetsky, et al., Appellants, v. Board of Zoning Appeals of the Town of Southampton, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Gregory V. Serio, &c. Frontier Insurance Company --------------------------------- Commercial Risk Re-Insurance Co., Appellant, v. Superintendent of Insurance of the State of New York, &c., 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.
Helen Chayie Sieger, Appellant, v. The Union of Orthodox Rabbis of the United States and Canada, Inc., &c., et al., Defendants, Haim Kraus et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
The People &c., Respondent, v. Kenneth Smith, Appellant.	Motion for assignment of counsel granted and Edward J. Nowak, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.
Thomas Stanislawczyk, Appellant, v. 2 East 61st Street Corp., et al., Respondents.	Motion for leave to appeal denied.
Patricia Stanton, Appellant, v. Town of Oyster Bay, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Victor T. Thomas, Appellant.	Motion for assignment of counsel granted and Kent V. Moston, Esq., Legal Aid Society of Nassau County, NY, One Helen Keller Way, Hempstead, NY 11550 assigned as counsel to the appellant on the appeal herein.
In the Matter of Howard M. Travis, Appellant, v. City of Rochester, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Christopher Van Dunk, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of City Council of the City of Watervliet et al., Appellants, v. Town Board of the Town of Colonie, Respondent.	Motion by New York State Department of Environmental Conservation for leave to participate in oral argument on the appeal herein granted.
The People &c., Respondent, v. Ian Westergreen, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Jomo Williams, Appellant, v. Mary H. Smith, &c., et al., Respondents.	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. Motion for poor person relief dismissed as academic.