Court of Appeals Decision List
Decided May 4, 2004
Cases
In the Matter of Headriver, LLC, Respondent, v. Town Board of the Town of Riverhead, Appellant.	Order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Inlet Homes Corp., Appellant, v. Zoning Board of Appeals of Town of Hempstead, 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.
Paul A. Krohn, Respondent-Appellant, Alli Katt, Respondent, v. New York City Police Department and Anthony DiPalma, Appellants-Respondents.	Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in the negative. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Ricky Mitchell, Appellant.	Order affirmed. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Gregory Pecoraro, Respondent, v. Board of Appeals of Town of Hempstead, Appellant.	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.
The People &c., Respondent, v. Clayton Stultz, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
Motions
The People &c., Respondent, v. Jason Alvarez, 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.
Terry L. Blair, &c., et al., Appellants, v. Newstead Snowseekers, Inc., &c., et al., Defendants, Village of Akron, et al., Respondents.	Motions for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
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 Eliot Spitzer, Attorney General of the State of New York, for leave to file a brief amicus curiae on considera- tion of certified question herein granted and the proposed brief is accepted as filed.
Bonded Concrete Inc., Appellant, v. Town of Saugerties 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 action within the meaning of the Constitution. Judge Graffeo took no part.
Shyron Bynog, et al., Appellants-Respondents, v. Cipriani Group, Inc., et al., Respondents-Appellants, M.J. Alexander & Co., Inc., et al., Defendants. --------------------------------- (and another action.)	Motion for reargument denied. Chief Judge Kaye took no part.
Burnell G. Carney and Alice Carney, by L. David Zube, Chapter 11 Trustee, Appellants, v. James V. Philippone, Respondent.	Motion for reargument denied. Judge R.S. Smith took no part.
Sharon Carroll, &c., Appellant, v. Sanford I. Weill, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge R.S. Smith took no part.
Carvel Corporation, Appellant, v. Elizabeth A. Noonan, et al., Respondents, et al., Defendants, et al., Special Masters.	Motion by Caesars Entertainment, Inc. for leave to appear amicus curiae on consideration of certified question herein granted to the extent that the proposed brief is accepted as filed. Chief Judge Kaye took no part.
In the Matter of Kildare Clarke, Appellant, v. New York State Board for Professional Medical Conduct et al., Respondents.	Motion for leave to appeal denied.
Concourse Nursing Home, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Angelina Delese, Appellant, v. Tax Appeals Tribunal of the State of New York, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
DOF Holdings, LLC, &c., Respondent, v. Kevin Bove 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.
In the Matter of First Central Insurance Company, Respondent; Aurello Malave, Appellant.	Motion for leave to appeal denied.
James Golovach, et al., Appellants, v. Bellmont L.M., Inc., 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 action within the meaning of the Constitution.
Isabel Hegner, et al., Appellants, v. Cornelia De Groat Reed, et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Donnell Hofler, 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.
Local Government Assistance Corporation et al., Appellants-Respondents, v. Sales Tax Asset Receivable Corporation et al., Respondents-Appellants.	Motion by New York State Conference of Mayors and Municipal Officials for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Judge R.S. Smith took no part.
Local Government Assistance Corporation et al., Appellants-Respondents, v. Sales Tax Asset Receivable Corporation et al., Respondents-Appellants.	Motion by Speaker of the Assembly, Sheldon Silver, for leave to file a brief amicus curiae on the appeal herein denied. Judge R.S. Smith took no part.
Westin Malcolm, Respondent, v. The Mount Vernon Hospital, Appellant, Keith Edwards, M.D. 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.
NYCTL 1996-1 Trust, &c., Respondent, v. LFJ Realty Corp., Appellant, et al., Defendants, RADA Corp., Nonparty Respondent.	Motion for reargument of motion for leave to appeal denied.
Chez Josephine, et al., Appellants, v. Columbia University, 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 action within the meaning of the Constitution.
In the Matter of Mary Palmer, Respondent, v. New York State Division for Youth, &c., et al., Appellants. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Peter Parris, 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.
In the Matter of Norman Peck, Appellant, v. Hon. Shirley Werner Kornreich, &c., et al., Respondents.	Motion for leave to appeal denied.
Albert Plass, et al., Appellants, v. Cheryl Solotoff, et al., Respondents.	Motion for leave to appeal denied.
Jonathan Pomerantz, Appellant, v. Culinary Institute of America, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Luis Quiros Appellant, v. Mount Saint Michael Academy, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. William Rivera, 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. Franklin Rodriguez, 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.
Scaffold-Russ Dilworth Ltd., Respondent, v. Shared Management Group, Ltd., &c., et al., Defendants, Fidelity and Deposit Company of Maryland, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Richard Skellen, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Mark Stevens, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Clayton Stultz, Appellant.	Motion by New York State Association of Criminal Defense Lawyers et al. for leave to appear amici curiae on the appeal herein denied as untimely.
In the Matter of Nancy Termini, &c., Appellant, v. Valley Stream Union Free School District No. 13, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Ann Towpash, Appellant, v. Raymond W. Kelly, &c., et al., Respondents.	Motion for leave to appeal denied.
Joyce Waldon, Respondent, v. Little Flower Children's Service, et al., Appellants, Elizabeth Alves, Defendants.	Motion for reargument denied.
The People &c., Respondent, v. John Waver a/k/a John Weaver, 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.
In the Matter of Grady Williams, Respondent, v. Cynthia L. Tucker, Appellant.	Motion for leave to appeal denied.
Sarah Wolinsky, et al., Appellants, David Leven, Plaintiff, v. Kee Yip Realty Corp., Respondent.	Motion by Lower Manhattan Loft Tenants for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.