Court of Appeals Decision List
Decided June 3, 2004
Cases
In the Matter of ATM One, LLC, Appellant, v. Ana Landaverde, Respondent.	Order affirmed, with costs. Certified question not answered upon the ground that it is unnecessary. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Amnon Goldstein, Respondent, v. AccuScan, Inc., et al., Appellants.	Order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Patricio Linares, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of Lillian Roberts, &c., et al., Respondents, v. John J. Murphy, &c., et al., Appellants.	Order reversed, with costs, and petition dismissed. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Signature Realty, Inc., Appellant, v. Tim Tallman, doing business as Tallman's Tire and Auto Service, Respondent.	Order, insofar as appealed from, reversed, with costs, and case remitted to Supreme Court, Oneida County, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Town of Southampton, Appellant, v. New York State Public Employment Relations Board et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur.
In the Matter of Honorable Joseph J. Cerbone, Justice of the Mount Kisco Town Court, Westchester County, Petitioner, For Review of a Determination of State Commission on Judicial Conduct, Respondent.	Determined sanction accepted, without costs, and Joseph J. Cerbone removed from the office of Justice of the Mount Kisco Town Court, Westchester County. Opinion Per Curiam. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Kashawn B. (Anonymous), Appellant.	Motion for leave to appeal denied.
Jacob J. Briggs, Jr., &c., et al., Appellants, v. Rhinebeck Central School District, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of David Burns, Appellant, v. Howard Safir, &c., et al., Respondents.	Motion for leave to appeal denied.
Carvel Corporation, Appellant, v. Elizabeth A. Noonan, et al., Respondents, et al., Defendants, et al., Special Masters.	Motion by The Inverraz Group for leave to appear amicus curiae on consideration of the certified question herein granted to the extent that the proposed brief is accepted as filed. Chief Judge Kaye took no part.
Robert J. Chauvin, Respondent, v. William H. Keniry, Individually &c. of the Estate of Patrick J. Keniry, Deceased, 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. Judge Graffeo took no part.
In the Matter of William A. Cooper, Appellant, v. H. Carl McCall, &c., Respondent.	Motion for leave to appeal denied.
Richard Davidson et al., Appellants, v. Miele Sanitation Co. NY, Inc., Defendant, Clarkstown Recycling Center, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Tracey Douglas, Appellant.	Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. William John Figueroa, 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.
William A. Fitzgerald, Individually and as Administrator of the Estate of Augustus T. Fitzgerald, Appellant, v. Leon T. Fitzgerald, Respondent, et al., Defendants.	Motion for leave to appeal denied.
Patrick Guerrand-Hermes et al., Appellants, v. J.P. Morgan & Co. Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Merton D. Huck, &c., et al., Respondents, v. Columbus Home Association of Rochester, Inc., et al., Appellants; Board of Directors of Supreme Council of Knights of Columbus, Third-Party Respondent. (And Two Additional Proceedings)	Motion for leave to appeal denied.
Thomas R. Hudson, Jr., Appellant, v. Goldman, Sachs & Co., Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Mark P. Jones, 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.
In the Matter of Seymour Kramer, et al., Appellants, v. New York State Division of Housing and Community Renewal, Respondent. 430 Realty Company, Intervenor-Respondent.	Motion for leave to appeal denied.
In the Matter of John Lester, &c., Appellant, v. Brion D. Travis, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Madison- Oneida Board of Cooperative Educational Services, Appellant, v. Richard P. Mills, as Commissioner of Education of the State of New York, et al., Respondents.	Motion by New York State School Boards Association, Inc. for leave to file a brief amicus curiae on the appeal herein granted. Twenty copies of a brief may be filed and three copies served within 30 days.
The People &c. ex rel. Miguel Martinez, Appellant, v. Ekpe D. Ekpe, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Roger Mason, &c., Appellant, v. Central Suffolk Hospital, et al., Respondents.	Motion by Healthcare Association of New York State for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Twenty copies of the brief may be filed and three copies served within 10 days.
Janet McCabe, as Administrator of the Estate of Thaddeus Boyce, Deceased, &c., et al., Appellants, v. Competition Imports, Inc., &c., Respondent, et al., Defendant.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
The People &c., Respondents, v. Michael Murchison, 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.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by National Network to End Domestic Violence, Inc., et al. for leave to appear amici curiae on consideration of the certified question herein granted to the extent that the proposed brief is accepted as filed. Nineteen additional copies may be filed and two additional copies served within 10 days.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by Pennsylvania Coalition Against Domestic Violence, et al. for leave to file a brief amici curiae on considera- tion of the certified question herein granted and the proposed brief is accepted as filed.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by National Coalition Against Domestic Violence, et al. for leave to appear amici curiae on consideration of the certified question herein granted to the extent that the proposed brief is accepted as filed.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by New York State Coalition Against Domestic Violence, et al. for leave to appear amici curiae on consideration of the certified question herein granted to the extent that the proposed brief is accepted as filed.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by The Appellate Advocacy Network, 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.
Sharwline Nicholson, &c. et al., Respondents, v. Nicholas Scoppetta, &c., et al., Appellants. Nat Williams, et al., Defendants.	Motion by Legal Momentum, 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. Nineteen additional copies of the brief may be filed and two additional copies served within 10 days.
Loreto Pietrantoni, Appellant, v. Toni L. Pietrantoni, 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 Charlene Polan, Appellant, v. State of New York Insurance Department, Respondent.	Motion by Association of the Bar of the City of New York for leave to file a brief amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Joseph Ricco, 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.
Richard Snyder, &c., Appellant, v. New York City Transit Authority, Respondent.	Motion for leave to appeal denied.
Robert J. Trentini, Respondent, v. Metropolitan Property and Casualty Insurance Company, 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.
Nancy Uzo, Respondent, v. Uzo, 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. Motion for poor person relief dismissed as academic.
William C. Young, Appellant, v. City of Buffalo, Respondent, East Amherst Plumbing Co., Inc., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Doris Zieran, Respondent, v. Mark Marvin, Appellant. (And Another Proceeding).	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.