Court of Appeals Decision List
Decided September 13, 2005
Cases
Michael S. Bennett, et al., Appellants, v. Kissing Bridge Corporation, Respondent.	On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (17 AD3d 990). Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Juan Fernandez, Appellant.	On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
State Farm Insurance Company, &c., Appellant, v. Michael Stein, Defendant, David Griffo, et al., Respondents. --------------------------------- Kemper Insurance Company, &c., Appellant, v. Michael Stein, Defendant, David Griffo, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution.
The People &c. ex rel. Rafael Almeyda, Appellant, v. Susan Schultz, &c., Respondent.	Motion for leave to appeal denied.
Robert Anderson et al., Respondents, v. Michael F. Mastrangelo, 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 Kazel R. Anthony, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Ayres Memorial Animal Shelter, Inc., Appellant, v. Montgomery County Society for the Prevention of Cruelty to Animals, 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.
Larry Bard et al., Appellants, v. Reinhardt Jahnke, Individually and Doing Business as Hemlock Valley Farms, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Beechwood Restorative Care Center, et al., Appellants, v. John Signor, as Records Access Appeals Officer of New York State Department of Health, et al., Respondents.	Motion by The New York Newspaper Publishers Association, Inc., et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Respondent, v. Anthony Boozer, 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.
In the Matter of Bela Borcsok, Appellant, v. Brion Travis, as Chair of the New York State Board of Parole, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Najib Bosier, Appellant.	Motion for assignment of counsel granted and Richard L. Herzfeld, Esq., c/o Bahn, Herzfeld & Multer, LLP, 555 Fifth Avenue, New York, NY 10017 assigned as counsel to the appellant on the appeal herein.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion by The Association of the Bar of the City of New York for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Elizabeth Combier, Appellant, v. Fred Anderson, et al., Respondents.	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.
East 44th Realty LLC, Respondent, v. East Forty-Fourth Street LLC, 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 Norman Fishman, Appellant; Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Chrysoula Frangos, Appellant, v. The New York State Division of Housing and Community Renewal, et al., Respondents.	- 5-
Edwin Frederick, Appellant, v. Joseph Fried, Respondent, et al., Defendant.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Bennie Gibson, Appellant, v. Hon. Budd G. Goodman, Justice of the Supreme Court, New York County, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Albert Goetz-Haddad, Appellant, v. Steven Worthman, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Gowanus Industrial Park, Inc., Appellant, v. City of New York, et al., Respondents.	Motion for reconsideration of this Court's June 9, 2005 dismissal order denied.
Ruth Higgins, Appellant, v. Leigh Hamilton, &c., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Anthony Jack, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jason J. Kemper, Appellant, v. Matthew C. Arnow, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Peter S. Kopple, Appellant, v. Stonebrook Fund Management, LLC, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Alphonso Littlejohn, Appellant.	Motion for leave to appeal denied.
Long Clove, LLC, Appellant, v. Town of Woodbury, Respondent.	Motion for reconsideration of this Court's June 14, 2005 dismissal order denied. Motion for poor person relief dismissed as academic.
In the Matter of Melinda E. Lowell (admitted as Melinda Eilene Lowell), an attorney and counselor at law. Departmental Disciplinary Committee for the First Judicial Department, Respondent; Melinda E. Lowell, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Darryl A. Allen, Appellant, v. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Peter Marren, et al., Respondents, v. William Ludlam, Appellant, et al., Defendant.	Motion for reargument of motion for leave to appeal denied.
Sylvia Mendel, et al., Plaintiffs, Birjees and Sabiha Barakat, et al., Appellants, v. Henry Phipps Plaza West, Inc. et al., Respondents, John/Jane Does, Nos. 1-10, 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.
Parviz Robert Mohassel, Respondent, v. Lila Fenwick, Appellant.	Motion by the Council of the City of New York 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 Alexander Moore, et al., Appellants, v. Michael F. Mullen, Respondent; Thomas J. Spota, &c., Non-Party Respondent.	Motion for reargument denied.
In the Matter of National Union Fire Insurance Company of Pittsburgh, PA, Appellant, v. GE Betz, Inc., &c., Respondent.	Motion for leave to appeal denied.
Dennis Neal, Appellant, v. Easton Aluminum, Inc., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Paul O'Neill, Appellant, v. Krebs Communications Corp., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Eli Raitport, Appellant, v. Michael Samuel, et al., Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
In the Matter of Robert I. Reed, Appellant, v. Brion Travis, &c., Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that it does not lie (see, NY Const, art VI, 3[b]; CPLR 5601).
In the Matter of Rafael Robles, Appellant, v. Dr. Charles S. Hirsch, M.D., as Chief Medical Examiner, Department of Health, City of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Lawrence Spaight, Appellant, v. Robert Dennison, Acting Chairman, New York State Division of Parole, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Eric L. Spinner, an Attorney. Committee on Professional Standards, Respondent; Eric L. Spinner, Appellant.	Motion for leave to appeal denied.
Richard Stone, Appellant, v. Norman Stone, Respondent, et al., Defendants.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
2001 Commerce Street Corp., Appellant, v. Star Enterprise, et al., Respondents.	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 2084-2086 BPE Associates, Appellant, v. State of New York Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Chaun Valentine, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Ernest W. Vann, Appellant, v. William J. Callahan, as Administrative Officer, New York State Police, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Visiting Nurse Service of New York Home Care, Respondent, v. New York State Department of Health, et al., Appellants.	Motion for reconsideration of this Court's June 7, 2005 dismissal order denied. Motion for poor person relief dismissed as academic.
VSF Coalition, Inc., Appellant, v. Nicholas Scoppetta, et al., Defendants, Eliot Spitzer, &c., Respondent.	Motion by Mercy Hospital of Buffalo, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Gary Waldren, Respondent, v. Town of Islip, Appellant.	Motion for 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.
David R. Welch et al., Respondents, v. Andrew C. Hauck III, &c., Defendant, Thomas Kalaris et al., Intervenors-Appellants.	Motion for leave to appeal granted.
David R. Welch et al., Respondents, v. Andrew C. Hauck III, &c., Appellant, Thomas Kalaris et al., Intervenors-Defendants.	Motion for leave to appeal denied.
The People &c., Respondent, v. Rudolph Young, Appellant.	Motion for leave to appeal denied.