Court of Appeals Decision List
Decided September 9, 2004
Motions
In the Matter of Angela Arnold, Appellant, v. Dale A. Sampson, Jr., Respondent.	Motion for leave to appeal denied.
In the Matter of Johnathan B., et al. --------------------------------- Oswego County Department of Social Services, Respondent; Annette H., Appellant, et al., Respondent. (Appeal No. 1) --------------------------------- Oswego County Department of Social Services, Respondent; Annette H., Bertha K., Appellants, et al., Respondents. (Appeal No. 2)	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceedings within the meaning of the Constitution.
In the Matter of Anthony Bottom, Appellant, v. Brion Travis, &c., Respondent.	Motion for reargument denied.
Delphine W. Knight Brown, et al., Appellants, v. Arcady Realty Corporation, et al., Respondents, et al., Defendants.	Motion for leave to appeal denied.
In the Matter of County of Clinton, Respondent, v. Gary A. Drollette, as Assessor of the Town of Schuyler Falls, et al., Appellants, Saranac Central School District, Intervenor-Appellant.	Motion for leave to appeal denied.
Harold Davis, Appellant, v. Branford Estates, Ltd., et al., Respondents.	Motion for reargument denied.
Dezer Entertainment Concepts, Inc., etc. Plaintiff, Council of Regulated Adult Liquor Licensees, et al., Appellants, v. The City of New York, et al., Respondents.	Appeals dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Maria Flores, et al., &c., Appellants, v. County of Nassau, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of John Forgone, Appellant, v. Patricia Beadle, &c. et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Robert Hitt, Appellant.	Motion for leave to appeal denied.
In the Matter of Rosalind B. Holscher, Respondent, v. William A. Holscher, Appellant. (And Another Related Proceeding).	Motion for leave to appeal denied.
In the Matter of Jermaine J., A Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of the Estate of George Johnson, Deceased. Kevin F. McCane, as Executor of the Estate of George Johnson, Deceased, Respondent; Mona Johnson, Appellant.	Motion for leave to appeal denied.
Ashok Kashelkar, Appellant, v. Robert G. Carl, as Town Court Justice of the Town of Catskill, et al., Respondents.	Motion for reargument denied.
In the Matter of Robert David L. Jr. (Anonymous). Suffolk County Department of Social Services, Respondent; Patricia W. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Samuel LaSalle, Appellant, v. New York State Division of Parole, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Marilyn B. Lewittes, Respondent, v. David Lewittes, Appellant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Richard MacGregor, et al., Appellants, v. Margaret Derevlany, et al., &c., Respondents; Ricky Roman, et al., Intervenors.	Motion for leave to appeal denied.
Tereze Marku, Appellant, v. Moore Capital Management, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Angel L. Martinez, Appellant, v. Glenn S. Goord, as Commissioner &c., Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Curtis Middlebrooks, 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.
Stanley E. Morris, et al., Appellants, v. Greenburgh Central School District No. 7, Respondent, et al., Defendant.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Newsday, Inc., Appellant, v. Robert D. Morgenthau, &c., Respondent.	Motion for reconsideration of this Court's July 1, 2004 dismissal order denied.
Harry North, Respondent, v. Sonny G. Ostrow, 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.
North Country Insurance Company, Appellant, v. Chester Poplaski, et al., Defendants, Scottsdale Insurance Company, Respondent.	Motion for leave to appeal denied.
Gina P., Respondent, v. Stephen S., Appellant.	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.
Town of Parma, Respondent, v. Robert Lynchesky, 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.
The People &c., Respondent, v. Danielle Perkins, 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.
Ada Rodriguez, Appellant, v. The Trustees of Columbia University in the City of New York, et al., Respondents.	Motion for reargument &c. denied. Motion for resettlement, clarification and renewal &c. denied. Motion, insofar as it seeks disqualification of Chief Judge Kaye and Judge R.S. Smith &c., dismissed upon the ground that the Court has no authority to entertain the motion made on nonstatutory grounds. The application seeking recusal is referred to the Chief Judge and to Judge R.S. Smith for their individual consideration and determination. Chief Judge Kaye and Judge R.S. Smith each respectively denies the referred motion for recusal.
In the Matter of Joseph Romeo, Appellant, v. Kenneth H. Resnik, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Anthony Saccone, Appellant, v. Raymond W. Kelly, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Richard S. (Anonymous). Commissioner of Mental Health, Respondent, Richard S. (Anonymous), Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Cavit Sarigul, et al., Appellants, v. New York Telephone Company, Respondent, v. Cablevision Systems Corporation, Third-Party Respondent. (And Other Actions).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jozef Tylutki et al., Respondents, v. Tishman Technologies 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.
Joan Wade-Keszey et al., Appellants, v. Town of Niskayuna et al., Respondents.	Motion for reargument of motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.