Court of Appeals Decision List
Decided May 10, 2005
Cases
The People &c., Respondent, v. Lewis Hill, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Appellant, v. Mary B. Jeanniton, Respondent.	Order reversed and simplified traffic information reinstated. Opinion by Judge Graffeo. Judges G.B. Smith, Ciparick and Read concur. Chief Judge Kaye dissents in an opinion. Judge R.S. Smith dissents and votes to affirm in an opinion in which Judge Rosenblatt concurs.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Order modified, without costs, and case remitted to Supreme Court, Kings County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Certified question answered in the negative. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Town of Concord, Respondent, v. Henry Duwe, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Appellant, v. Andrew H. Van Buren Respondent.	Order reversed and simplified traffic information reinstated. Opinion by Judge Graffeo. Judges G.B. Smith, Ciparick and Read concur. Chief Judge Kaye dissents in an opinion. Judge R.S. Smith dissents and votes to affirm in an opinion in which Judge Rosenblatt concurs.
In the Matter of Sanel V. (Anonymous). Administration for Children's Services, Respondent, Sefija V. (Anonymous), Respondent, Murdija V. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Dilaela V. (Anonymous). Administration for Children's Services, Respondent, Murdija V. (Anonymous), Appellant, Sefija V. (Anonymous), Respondent. (Proceeding No. 2).	On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, reversed, with costs, and petition against Murdija V. dismissed in its entirety. As the presentment agency correctly concedes, Family Court's finding that Murdija V. neglected her son, Sanel V., is not supported by legally sufficient evidence. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Appellant, v. Jason Williams, Respondent.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Motions
Ronald Anderson, Plaintiff, Angel Cordero, Appellant, v. W. Theodore Hill, et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Anthony Bonanno, et al., Respondents, v. The Port Authority of New York and New Jersey, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Alan J. Brisson, Respondent, v. County of Onondaga, Appellant, et al., Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal granted.
In the Matter of Frankie Dieter, Appellant, v. Trigen-Cinergy Solutions of Rochester et al. Respondents, Workers' Compensation Board, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
The People &c. ex rel. Clayton Green, Appellant, v. James L. Berbary, Superintendent, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Michael P. Henry et al., Appellants, v. State of New York et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Edward Hurdle, Appellant, v. Robert Dennison, Acting Chairman, New York State Division of Parole, Respondent.	Motion for leave to appeal denied.
J. Sackaris & Sons, Inc., Respondent, v. Terra Firma Construction Manage- ment & General Contracting, LLC, Appellant, United States Fidelity and Guaranty Company, &c., Respondent, Breger-Terjesen Associates, et al., Third-Party Respondents.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
K. Anonymous, Appellant, v. B. Anonymous, Respondent.	Motion for reconsideration of this Court's February 15, 2005 dismissal order denied. Motion for leave to appeal denied.
Le Chase Data/Telecom Services, LLC, &c., Appellant, v. Daniel Goebert, et al., Defendants, Business Funding Group, Inc., Respondent. (Action No. 1) --------------------------------- Le Chase Data/Telecom Services, LLC, &c., Appellant, v. Mark Burgholzer, Doing Business as Business Funding Group, Respondent. (Action No. 2)	Motion for leave to appeal granted.
In the Matter of Dale K. Little, Appellant, v. Brion D. Travis, as Chair of the New York State Board of Parole, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the issues presented have become moot. Motion for poor person relief dismissed as academic.
L.B. Kaye International Realty, Respondent, v. 100 Varick Realty, LLC, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Michael Milonopoulos, Appellant, v. Michael Rabideau, Superintendent of Groveland Correctional Facility, Respondent.	On the Court's own motion, appeal transferred, without costs, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]). Motion for poor person relief dismissed as academic.
George Noroian, et al., Appellants, v. City of Port Jervis, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Robin L. Norwood, Respondent, v. James P. Capone, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601).
NYCTL 1998-2 Trust, et al., Respondents, v. Isaac Levin, Appellant, et al., Defendants.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from Supreme Court's May 2003 order, dismissed upon the ground that no appeal lies from the Appellate Division order dismissing the appeal to that court from the Supreme Court order entered upon default (see, CPLR 5511); motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution. Motion for a stay dismissed as academic.
Sunday Oribamie, Appellant, v. Santos Santiago et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Thomas Palazzo, &c., et al., Appellants, v. Hartford Insurance Company of the Midwest, et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Lina Marie Pfoh, Appellant, v. Electric Insurance Company, Respondent, Armin Pfoh, Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Charles Rezek, Appellant, v. Raymond Kelly, as Police Commis- sioner of the City of New York, &c., Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Kevin Sanford, Appellant.	Motion for leave to appeal denied.
Kevin Sheils, Appellant, v. County of Fulton et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Peter Singh, Appellant, v. Arbor Property Trust, et al., Respondents; All Pets Distributors, Inc., &c., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., app Respondent, rep v. per John Taylor, the Appellant. rep per On sha of req of wit Jun all mus mot of Cap On sha res app of Apr Peo tra gra dec On sha whi to Pur of the ser cop 20 ver Iss exc be or rel	y 5, 2005 is set as the date for ellant to file a periodic progress ort. Appellant shall file additional iodic progress reports every two months reafter until the filing of appellant's ly brief. Respondent shall file a iodic progress report on July 5, 2006.
James Tyrone Woolfalk, &c. et al., Respondents, v. New York City Housing Authority, Appellant.	or before April 3, 2006, appellant ll file fifteen copies of a brief and the issue identification statement uired by section 510.8(c) of the Rules the Court of Appeals in Capital Cases, h proof of service.
Daniel Yorker, Appellant, v. Daniel Yorker, Ltd., et al., Respondents.	e 5, 2006 is set as the date by which motions for amicus curiae relief t be noticed to be heard. All such ions must conform to section 510.12(c) the Rules of the Court of Appeals in ital Cases.