Court of Appeals Decision List
Decided April 6, 2004
Cases
In the Matter of Excellus Health Plan, Inc., Respondent, v. Gregory V. Serio, as Superin- tendent of Insurance, Appellant.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Smith concur. Judge Graffeo concurs in part and dissents in part in an opinion.
The People &c., Respondent, v. Corey Jones, Appellant.	Order affirmed. Opinion by Judge Graffeo. Judges Smith, Rosenblatt, Read and Smith concur. Judge Ciparick dissents and votes to reverse in an opinion in which Chief Judge Kaye concurs.
The People &c., Respondent, v. Anthony A. Lewis, Appellant.	Order reversed and a new trial ordered. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges George Smith, Ciparick and Graffeo concur. Judge Robert Smith dissents in an opinion in which Judge Read concurs.
In the Matter of Dale Malone, Claimant, v. Bob Bernhardt Paving et al., Appellants, Workers' Compensation Board, 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.
The People &c., Respondent, v. Jamal Massie, Appellant.	Order affirmed. Opinion by Judge Robert Smith. Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Maison Scahill, Respondent, v. Greece Central School District, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, judgment, insofar as appealed from, reversed, with costs, and petition dismissed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of John M. Starr, Respondent, v. Greece Central School District, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, judgment, insofar as appealed from, reversed, with costs, and petition dismissed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Jessie A. and Ashley A. --------------------------------- Wayne County Department of Social Services, Respondent; Timothy A., Appellant.	Motion for leave to appeal denied.
ACE Fire Underwriters Insurance Company, Respondent, v. Orange-Ulster Board of Cooperative Educational Services, et al., Appellants; National Union Insurance Company of Pittsburgh, PA, et al., Third-Party Respondents.	Motion for leave to appeal granted. Judge Rosenblatt took no part.
Cathyann Caporale, Appellant, v. Michael C. Mesbah, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the judgment sought to be appealed from does not finally determine the action within the meaning of the Constitution. Motion for reargument denied.
Chiacchia & Fleming, LLP, &c., Appellant, v. Eusebio L. Guerra, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of William Copeland, Appellant, v. Cynthia Kean, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of DeCostole Carting, Inc., Appellant, v. The Business Integrity Commission of the City of New York, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Richard C. Dougherty, &c., Appellant, v. William Penn Life Insurance Company of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
M/O Ellis v Griffin (Proceeding No. 1) --------------------------------- In the Matter of Troy Golding, Appellant, v. Demetria Griffin, Respondent; Tomasina Mastroianni, Law Guardian for the Child, NonParty-Respondent. (Proceeding No. 2)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Edward Harris, Appellant, et al., Plaintiff, v. City of New York, Respondent.	Motion for leave to appeal dismissed upon the ground that appellant, having stipulated to a reduction in damages at the Appellate Division, is not a party aggrieved (see, Whitfield v City of New York, lv dismissed 90 NY2d 777, 780 n.).
Edward Heegan, Respondent, v. United International Insurance Company, Appellant, 1840 Pub, Inc., &c., et al., Respondents, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Peter Kasandrinos, et al., Appellants, v. City of Canandaigua, et al., Respondents.	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 for leave to appeal granted.
Delores Perkins, &c., Appellant, v. Cosmopolitan Care Corporation et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Gwendolyn Y. Randazzo, &c., Appellant, v. Gerber Life Insurance Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Pinaki Ray et al., Appellants, v. Hudson Valley Stadium Corp., et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
City of Rochester, Respondent, v. Stephen I. Teremy, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Rosewood Property Company, LLC, Appellant, v. Board of Assessment Review for Town of Hamburg, et al., Respondents, Hamburg Central School District, Intervenor-Respondent.	Motion for leave to appeal denied.
In the Matter of Daniel C.S. --------------------------------- Niagara County Department of Social Services, Respondent; Daniel S., Respondent; Ann D., Appellant.	Motion for leave to appeal denied.
Monserrate Santana, Appellant, v. Western Regional Off-Track Betting Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Helen Chayie Sieger, Appellant, v. The Union of Orthodox Rabbis of the United States and Canada, Inc., &c., et al., Respondents.	Motion to dismiss appeal, insofar as it relates to defendants Haim Kraus and Elimelech Zalman Lebowitz, granted and appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved; motion to dismiss appeal, insofar as it relates to all other defendants, granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Chief Judge Kaye took no part.
In the Matter of Theodore Simpson, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Ezriel Weinberger et al., Respondents, v. Judlau Contracting, Inc., 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.
In the Matter of Ira Wickes, Jr., et al., Appellants, v. Dennis Kaplan, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Dylan Y., Alleged to be an Abused Child. Chemung County Department of Social Services, Respondent; Robert Y., Appellant.	Motion for leave to appeal denied.