Court of Appeals Decision List
Decided June 14, 2005
Cases
The People &c., Respondent, v. Carlos Caban, Appellant.	Order affirmed. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Charles Daniels, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of KSLM-Columbus Apartments, Inc., Respondent, v. New York State Division of Housing and Community Renewal, Appellant, Westgate Tenants Association, et al., Intervenors-Appellants.	Order modified, without costs, in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Neil Patterson, Jr., Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Byron Robinson, 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., Respondent, v. Oliver Giola West, Jr., 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.
Motions
In the Matter of Jeremy A., et al. --------------------------------- Erie County Department of Social Services, Respondent; Arthur A., Appellant.	Motion for leave to appeal denied.
In the Matter of Barbara Ammann, Appellant, v. New York State Comptroller, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Stuart D. Baker, et al., Appellants, v. Patrick A. Heaney, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Stuart D. Baker, et al., Appellants, v. Patrick A. Heaney, &c., et al., Respondents.	Motion by the Suffolk County Village Officials Association, insofar as it seeks leave to file a brief amicus curiae on the motion for leave to appeal herein, granted; motion, insofar as it seeks leave to file a brief amicus curiae on the appeal herein, dismissed as academic.
Mark J. Boss, et al., Appellants, v. American Express Financial Advisors, Inc., et al., Respondents.	Motion for leave to appeal granted.
In the Matter of David Castilloux, Appellant, v. New York State Office of Children and Family Services, et al., Respondents.	Motion for leave to appeal denied.
Concerned Cooper Gramercy Tenants' Association, &c., et al., Appellants, v. New York City Educational Construction Fund, et al., Respondents.	Motion for leave to appeal granted.
Tabitha Durham, Petitioner, Edward Warren, Appellant, v. Village of Potsdam, et al., Respondents.	Motion for leave to appeal denied.
Bruce Friedman, &c., Appellant, v. City of New York Teachers' Retirement Board Teachers' Retirement System, et al., Respondents.	Motion for leave to appeal denied.
Robert Greaves, Respondent, v. Jaclyn Burlingame, Appellant.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellant's motion for 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. Motion for poor person relief dismissed as academic.
Robert Greaves, Respondent, v. Jaclyn Burlingame, Appellant, Karin Burlingame, 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. Motion for poor person relief dismissed as academic.
Robert W. Hancock, Appellant, v. Estate of Betty J. Hancock, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Siolen Kelly Ho, et al., Appellants, v. Visa U.S.A., Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge R.S. Smith took no part.
In the Matter of Daniel Karlin, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Charles Kretzschmar et al., Appellants, v. New York State Urban Development Corporation et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
David M. Ledy, et al., Appellants, v. Jonathan Molin et al., Respondents, J. Suzi Wilson, et al., Defendants.	Motion for leave to appeal dismissed upon the ground that the order, insofar as it is sought to be appealed from, does not finally determine the action within the meaning of the Constitution.
The People &c., Respondent, v. Alphonso Littlejohn, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies to the Court of Appeals from the order of the Appellate Division denying a motion for a writ of error coram nobis (see, CPLR 5601, 5602; CPL 450.90).
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 granted.
In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Bethlehem et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Poughkeepsie Professional Firefighters' Association, Local 596, IAFF, AFL-CIO-CLC, et al., Appellants, v. New York State Public Employment Relations Board, et al., Respondents.	Motion for leave to appeal granted.
Myra Rubycz-Boyar, Appellant, v. Fe A. Mondragon, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Lynne A. Sims et al., Appellants, v. Evelyn Megaris, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Kirk V., A Child Under the Age of Eighteen Years, &c. Providencia V., et al., Respondents, Commissioner of the Administra- tion for Children's Services, Appellant.	Motion for leave to appeal granted.
In the Matter of Jabbar Withrow, Appellant, v. Superintendent of Gouverneur Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.