Court of Appeals Decision List
Decided June 8, 2004
Cases
The People &c., Respondent, v. Lenworth Aarons, Appellant.	Order affirmed. Opinion by Judge G.B. Smith. Judges Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge Ciparick dissents and votes to reverse in an opinion in which Chief Judge Kaye concurs.
The People &c., Respondent, v. Michael Calabria, Appellant.	Order affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Rosenblatt, Graffeo and Read concur, Judge Rosenblatt in a separate concurring opinion. Judge G.B. Smith dissents and votes to reverse in an opinion in which Judge R.S. Smith concurs.
Harold Davis, Appellant, v. Branford Estates, Ltd., et al., Respondents.	On review of submissions pursuant to section 500.4 of the Rules, order modified, without costs, by remitting to Supreme Court, Kings County, for further proceedings in accordance with the memorandum herein and, as so modified, affirmed. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of John J. Emmett Jr., et al., Appellants, v. Town of Edmeston, Respondent, and Darryl Barton et al., Respondents.	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.
Louis Dreyfus Energy Corp., et al., Appellants, v. MG Refining and Marketing, Inc., Defendant, MG Holdings North America, Inc., &c., Respondent.	Order reversed, with costs, and the motion of defendant MG Capital for summary judgment dismissing the complaint against it denied. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
64th Associates, L.L.C., Appellant, v. Manhattan Eye, Ear & Throat Hospital, et al., Respondents.	Order reversed, without costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
Sarah Wolinsky, et al., Appellants, David Leven, Plaintiff, v. Kee Yip Realty Corp., Respondent.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Motions
Barklee Realty Company LLC, et al., Appellants, v. George E. Pataki, &c., Respondent.	Motion for leave to appeal denied.
Michael Bota, et al., Appellants, v. Municipal Civil Service Commission of City of New Rochelle, et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. Robert L. Burt, Appellant, v. James L. Campbell, as Sheriff of Albany County, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Sean P. Canavan, Appellant, v. David Galuski, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Stephen Cole-Hatchard, Appellant, v. William Sherwood, &c., et al., Respondents.	Motion for leave to appeal denied.
Ronald Coleman, Appellant, v. Nassau County, Respondent.	Motion for leave to appeal denied.
Coliseum Towers Associates, Appellant, v. County of Nassau, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Harvey Evans, Respondent, v. Jewish Home and Hospital et al., Appellants. Workers' Compensation Board, 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.
Anne A. Garner, Formerly Known as Anne A. Sans, Appellant, v. Ira J. Sans, 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 Raglan George, Jr., &c., et al., Appellants, v. Michael Bloomberg, &c., Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Dexter Hemmings, Appellant.	Motion for reargument denied.
Kim Hund et al., &c., Appellants, v. Sue Gramse, &c., et al., Respondents. --------------------------------- (And a third party action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Allen Hyman, et al., Appellants, v. Queens County Bancorp, Inc. d/b/a Queens County Savings Bank, Respondent.	Motion, insofar as it seeks to dismiss the appeal from that portion of the Appellate Division order that dismissed the appeal to that court from Supreme Court's order denying appellants' motion for "leave to renew and reargue," granted, without costs, upon the ground that such part of the order does not finally determine the action within the meaning of the Constitu- tion; motion to dismiss the appeal otherwise denied. Motion to strike material from the record on appeal and references thereto in appellants' brief granted to the extent that the two additional photographs and the Edelson affidavit submitted on the motion for "leave to renew and reargue" and references thereto in appellants' brief are deemed stricken. Motion for an enlargement of the time to file a respondent's brief to 30 days after disposition of this motion granted.
Anne Indemini, Appellant, v. Beth Israel Medical Center, Respondent.	Motion for leave to appeal granted. Judge R.S. Smith took no part.
Jamaica Public Service Co., Ltd., Appellant, v. La Interamericana Compania de Seguros Generales S.A., et al., Respondents, AIU Insurance Co., et al., Defendants.	Motion, insofar as it seeks leave to appeal as against Seneca Insurance Company, dismissed as untimely (see, CPLR 5513[b]); motion, insofar as it seeks leave to appeal as against La Interamericana Compania de Seguros Generales S.A., denied.
Lewis Kovit et al., Respondents, v. Estate of Katherine Hallums, Respondent, City of New York, Appellant, et al., Defendant.	Motion for leave to appeal granted.
Leonard J. Levenson, et al., Respondents, v. Jonathan Lippman, &c., et al., Appellants.	Motion for leave to appeal denied as unnecessary. Chief Judge Kaye took no part.
Saul Lipton, Plaintiff, v. Norman Donnenfeld, Defendant. (Action No. 1) --------------------------------- I. Lawrence Brand, Respondent, v. Saul Lipton, Defendant, Norman Donnenfeld, Appellant. (Action No. 2)	Motion for leave to appeal denied.
Greg Lotysz, et al., Appellants, v. Kenneth O. Montgomery, M.D., et al., Respondents, Evan T. Bell, M.D., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Chief Judge Kaye took no part.
In the Matter of Matra Building Corp., Respondent, v. Alan Kucker, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Shawn McDowell, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Michael Melnitzky, &c., Appellant, v. The City of New York, et al., Respondents, Alfredo Palacios, 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.
The City of New York, Respondent, v. Seabury Construction Corporation, Defendant, Jeffrey Chain Corporation, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Zachary David Ruffing, &c., et al., Plaintiffs, Alyssa Pfleging, et al., Appellants, v. Union Carbide Corporation, et al., Defendants, International Business Machines Corporation, Respondent.	Motion by the American Public Health Association for leave to appear amicus curiae on the motion for leave to appeal herein denied. Judge Rosenblatt took no part.
Zachary David Ruffing, &c., et al., Plaintiffs, Alyssa Pfleging, et al., Appellants, v. Union Carbide Corporation, et al., Defendants, International Business Machines Corporation, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution. Judge Rosenblatt took no part.
The People &c. ex rel. Walter J. Roache, Appellant, v. S.A. Connell, &c., Respondent.	Motion for reargument of motion for leave to appeal denied.
RST Corporation et al., Appellants, v. Eva Meyerhoff, Respondent, Tobin M. Richter, &c., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Carlos S., Appellant. ------------------------------- Oneida County Attorney, Respondent.	Motion for leave to appeal denied.
In the Matter of Chestina Mae S. (Anonymous). St. Vincent's Services, Respondent; Brenda S. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Jarzik Donneil S. (Anonymous). St. Vincent's Services, Respondent; Brenda S. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied.
Omar Siagha, Respondent, v. National Fire Insurance Company of Pittsburgh, PA, et al., Appellants, Salant-Jerome, Inc., &c., Defendant.	Motion for reargument of motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Rosenblatt took no part.