Court of Appeals Decision List
Decided September 7, 2004
Motions
Michael Anderson, Appellant, v. City of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Thomas Attonito, et al., Appellants, v. Jose Maldonado, &c., et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
Karen Briscoe-Reed, f/k/a Karen Briscoe, Appellant, v. Silicon Valley Group, et al., Respondents, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Conquest Cleaning Corp., Appellant, v. New York City School Construction Authority, Respondent.	Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument, leave to appeal to this Court and renewal, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.
In the Matter of Coregis Insurance Company, Respondent, v. Kevin A. McQuade et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Edgewater Point Property Owners' Association, Inc., Respondent; 9394, LLC, et al., Appellants; Eliot Spitzer, Attorney General of the State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Yarras F. (Anonymous), Appellant.	Motion for leave to appeal denied.
In the Matter of Abraham Fastag, Appellant, v. Raymond Kelly, &c., et al., Respondents.	Motion for leave to appeal denied.
Moses Flores, Plaintiff, v. The Lower East Side Service Center, Inc., Third-Party Appellant, v. Procida Realty and Construction Corp., Third-Party Respondent.	Motion for leave to appeal granted.
Milton Gordon, Appellant, v. State of New York, 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.
Egbert Gouldborne, Jr., &c., et al., Appellants, v. Approved Ambulance & Oxygen Service, Inc., et al., Defendants, Our Lady of Mercy Medical Center, Respondent.	Motion for leave to appeal denied.
Peter Gross, &c., et al., Appellants, v. Empire State Building Associates, et al., Respondents.	Motions for leave to appeal denied.
James Henderson, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Ronald Holmes, Appellant, v. The New York City Housing Authority et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of David Jarushewsky, Respondent, v. Cindy Baez, Appellant.	Motion for leave to appeal denied.
In the Matter of Jemrock Realty Company, LLC, Respondent, v. New York State Division of Housing and Community Renewal, Respondent, Trudi Baldwin, Intervenor-Appellant.	Motion for leave to appeal denied.
JMD Holding Corp., Respondent, v. Congress Financial Corporation, Appellant, First Union National Bank, Defendant.	Motion to dismiss appeal &c. denied.
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 reargument of motion for leave to appeal denied.
Michael Miszko et al., Appellants, v. Carole L. Gress et al., Defendants; New York State Insurance Fund Respondent, Finkelstein & Partners, L.L.P., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Charlie Mixon, Appellant, v. Frank J. Clark, Erie County District Attorney, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal taken to that court, dismissed upon the ground that no motion for leave to appeal lies from an Appellate Division order dismissing an appeal from a decision of Supreme Court (see, CPLR 5602); motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied poor person relief, dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
In the Matter of Wanda Moore, Respondent, v. Richard R. Blank, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Ocwen Federal Bank FSB, Respondent, v. DeLuxe Building Systems, &c., Appellant, et al., Defendant.	Motion for leave to appeal dismissed upon the ground that the order of the Appellate Division from which leave is sought does not finally determine the action within the meaning of the Constitution. The judgment, the appeal from which was dismissed by the Appellate Division, entered pursuant to the parties' stipula- tion, does not constitute a final judgment because the stipulation was entered into "without prejudice" (see, Herzfeld & Stern, Inc. v Beck, 82 NY2d 789; Russo v New York Life Ins. Co., 95 NY2d 847).
Anthony J. Rella, &c., et al., Appellants, v. Leo J. Greco, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the judgment entered pursuant to the parties' stipulation does not finally determine the action within the meaning of the Constitution.
Kenya Richardson, et al., Appellants, v. Yasuda Bank and Trust Company (USA), et al., Respondents, et al., Defendants.	Motion for leave to appeal denied.
Eli Samuel Rivera, Respondent, v. City of New York, et al., Defendants, Weirfield Coal Co., Inc., Appellant, Poma Realty Co., Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Francis S., also known as Francis S. Appellant. --------------------------------- New York State Commissioner of Mental Health, Respondent. New York County District Attorney, Respondent.	Motion for leave to appeal denied.
In the Matter of Melissa S., Petitioner, v. Frederick T., Respondent. --------------------------------- Mitch Kessler, Nonparty Appellant.	Motion for leave to appeal dismissed upon the ground that appellant, having taken no appeal to the Appellate Division, may not appeal to this Court from the Appellate Division order of affirmance (see, Burrows v Burrows, 97 NY2d 695; Dellavalle v E.W. Howell Co., 93 NY2d 953).
In the Matter of Robert L. Schulz et al., Appellants, v. New York State Legislature, et al., Respondents.	Motion for leave to appeal denied.
South Road Associates, LLC, Appellant, v. International Business Machines Corporation, Respondent.	Motion to limit issues raised on appeal denied. Judge Rosenblatt took no part.
The People &c., Respondent, v. Clayton Stultz, Appellant.	Motion for reargument denied.
In the Matter of Sun Plaza Enterprises, Corp., Respondent, v. Tax Commission of City of New York et al., Appellants.	Motion for leave to appeal dismissed upon the ground that the Appellate Division order, from which no appeal was properly taken or motion for leave to appeal was properly made, was the final appealable paper as its remittal was for purely ministerial action (see, Karger, Powers of the New York Court of Appeals, § 17, at 79-80 [3d ed]).
Wellington Tower Associates, L.P., Appellant, v. New York First Avenue CVS, Inc., et al., Respondents.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain this motion for leave to appeal from the order of the Appellate Division entered in this proceeding commenced in the Civil Court of the City of New York (NY Const, art VI, sec. 3[b][7]; CPLR 5602[a]).