Court of Appeals Decision List
Decided February 10, 2005
Cases
Credit Suisse First Boston Corporation, Appellant, v. William Pitofsky et al., Respondents.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants; James Cavanaugh, &c., Intervenor-Respondent. (Matter No. 1) --------------------------------- In the Matter of Crown Communica- tion New York, Inc., Respondent, v. Department of Transportation of the State of New York, Respondent, City of New Rochelle, et al., Appellants. (Matter No. 2)	Order affirmed, with costs. Opinion by Judge Graffeo. Judges G.B. Smith, Rosenblatt and Read concur. Judge Ciparick dissents and votes to reverse in an opinion in which Chief Judge Kaye and Judge R.S. Smith concur.
In the Matter of Francis G. D'Ambrosio, Appellant, v. Department of Health of the State of New York, et al., Respondents.	Judgment affirmed, with costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Anne Indemini, Appellant, v. Beth Israel Medical Center, Respondent.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur. Judge R.S. Smith took no part.
The People &c., Respondent, v. Ariel Nazario, Appellant.	Order reversed and a new trial ordered. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Helen Reed and Harold J. Reed, Respondents, v. Gowanda Nursing Home, et al., Defendants, U-Haul International, Inc. and Kyle Frank, Appellants.	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.
Motions
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion by Complex Insurance Claims Litigation Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion by KeySpan Corporation for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion by Athari Law Office for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Motion by Crucible Materials Corporation, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Chief Judge Kaye took no part.
Asset Securitization Corporation, Appellant, v. Orix Capital Markets, LLC, Respondent.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Motion by New York State Health Facilities Association, Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Jose Cabrera, Respondent, v. Sidney Hirth, et al., Appellants, Edwin Felix Cedeno 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.
Capitol Records, Inc., Appellant, v. Naxos of America, Inc., Respondent.	Motion by Recording Industry Association of America for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
Joseph Cerabono, Appellant, v. Deanna Price, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Francis G. D'Ambrosio, Appellant, v. Department of Health of the State of New York et al., Respondents.	On the Court's own motion, appeal taken as of right dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal granted.
Modesta L. Diamond, Respondent, v. Alex M. Diamond, 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 East Bayside Homeowners Association, Inc., et al., Appellants, v. James Chin, et al., Respondents.	Motion for leave to appeal denied.
Lloyd Goldman, et al., Appellants, v. David D. Gilbert, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Felix Gomez, 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.
The People &c., Respondent, v. Trevor Green, 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.
In the Matter of Otis P. Jenkins, Respondent-Appellant, v. Judy A. Jenkins, Appellant-Respondent, and Pamela Walton, Respondent. (And Three Other Related Proceedings.)	Motion for assignment of counsel granted and Charles J. Keegan, Esq., P.O. Box 3128, Albany, NY 12203 assigned as counsel to the respondent-appellant on the appeal herein.
In the Matter of Stacey L.B., Respondent, v. Kimberly R.L., Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Caroline Madura, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Franklin Mendez, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed as untimely.
The People &c., Respondent, v. Richard Miller, 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.
The People &c. ex rel. Robert I. Reed, Appellant, v. Brion Travis, &c., Respondent.	Motion for leave to appeal denied.
Cynthia A. Rekemeyer, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.	Motion by Complex Insurance Claims Litigation Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Chief Judge Kaye took no part.
The People &c., Respondent, v. James Robbins, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Andrea Salamone et al., Plaintiffs, v. Wincaf Properties, Inc., Third-Party Respondent, Joseph Russo et al., Third-Party Appellants, T.O.M.I. Construction, Inc., Third-Party Defendant.	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 Roland Santiago, Appellant, v. Glenn S. Goord, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Chaggrit Sawangkao, Appellant, v. New York State Board for Professional Medical Conduct, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Michael Serrian, Appellant.	Motion for leave to appeal denied.
John J. Sheehy, Respondent, v. Clifford Chance Rogers & Wells LLP, &c., Appellant.	Motion for reargument denied with one hundred dollars costs and necessary reproduction disbursements. Judge Ciparick took no part.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by University Associates in Obstetrics and Gynecology, P.C. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of St. Johnland Nursing Center, Inc., Appellant, v. Commissioner of Health of the State of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
State Farm Mutual Automobile Insurance Co., Appellant, v. Robert Mallela, et al., Respondents.	Motion by Allstate Insurance Company, et al. for leave to participate in oral argument as amici curiae on consideration of the certified question herein denied. Judge Robert S. Smith took no part.
In the Matter of InJah E. Tafari, Appellant, v. Anthony Zon, Superintendent, Wende Correctional Facility, et al., Respondents.	Motion for leave to appeal denied.
John Timmins et al., Appellants, v. Tishman Construction Corp. et al;., Respondents, Bayside Fencing, Inc., Defendant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Kadeem W. (Anonymous), Respondent.	Motion for leave to appeal granted.
The People &c., Respondent, v. Oliver Giola West, Jr., 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.
Daniel Yardeni, Appellant, v. Manhattan Eye, Ear and Throat Hospital, et al., Respondents.	Motion for leave to appeal denied.