Court of Appeals Decision List
Decided December 15, 2005
Cases
The People &c., Respondent, v. Nicole Buonincontri, Appellant.	On review of submissions pursuant to section 500.11 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.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Order reversed, with costs, and case remitted to Supreme Court, Westchester County, for further proceedings in accordance with the opinion herein. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. James Devonish, Appellant.	On review of submissions pursuant to section 500.11 of the Rules, order reversed and a new trial ordered, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
For the People Theatres of N.Y., Inc., d/b/a Fair Theatre, et al., Appellants, v. The City of New York, et al., Respondents. --------------------------------- Ten's Cabaret, Inc., f/k/a Stringfellow's of New York, Ltd., et al., Appellants, v. The City of New York, et al. Respondents.	Order modified, without costs, by denying defendants' cross motions for summary judgment and, as so modified, affirmed. Certified question not answered upon the ground that it is unnecessary. Opinion by Judge Read. Judges Rosenblatt, Graffeo and R.S. Smith concur. Chief Judge Kaye dissents and votes to reverse and reinstate the judgments of Supreme Court in an opinion in which Judges G.B. Smith and Ciparick concur.
The People &c., Respondent, v. James Jacobs, Appellant.	Order affirmed. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith dissents and votes to reverse and order a new trial in an opinion.
In the Matter of Marke Lantry, Doing Business as Thorough Job Architectural Construction Systems, Appellant, v. State of New York et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and Read concur. Judge R.S. Smith dissents and votes to reverse in an opinion.
The People &c., Appellant, v. Dwight I. Vogel, Jr., Respondent.	On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed as moot. The People's claims regarding the Appellate Division's order vacating defendant's sentence were rendered academic when County Court resentenced defendant to the same term imposed by its original judgment. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
The People &c., Respondent, v. Tyrone Atkinson, 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.
Atlas Air, Inc., Appellant, v. General Electric Company et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
In the Matter of Patrick Bahnken, &c., Respondent, v. The New York City Fire Depart- ment, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jeff Baker et al., Respondents, v. Town of Islip Zoning Board of Appeals, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Gorgonio Balbuena, et al., Appellants, v. IDR Realty LLC, et al., Defendants/Third-Party Plaintiffs, v. Taman Management Corp., Respondent. --------------------------------- Attorney General of the State of New York, Intervenor-Appellant.	Motion by Washington Legal Foundation, et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days.
Gorgonio Balbuena, et al., Appellants, v. IDR Realty LLC, et al., Defendants/Third-Party Plaintiffs, v. Taman Management Corp., Respondent. --------------------------------- Attorney General of the State of New York, Intervenor-Appellant.	Motion by National Employment Law Project, et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days.
Gorgonio Balbuena, et al., Appellants, v. IDR Realty LLC, et al., Defendants/Third-Party Plaintiffs, v. Taman Management Corp., Respondent. --------------------------------- Attorney General of the State of New York, Intervenor-Appellant.	Motion by James Atleson, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Gorgonio Balbuena, et al., Appellants, v. IDR Realty LLC, et al., Defendants/Third-Party Plaintiffs, v. Taman Management Corp., Respondent. --------------------------------- Attorney General of the State of New York, Intervenor-Appellant.	Motion by Associated Corset & Brassiere Manufacturers, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Gorgonio Balbuena, et al., Appellants, v. IDR Realty LLC, et al., Defendants/Third-Party Plaintiffs, v. Taman Management Corp., Respondent. --------------------------------- Attorney General of the State of New York, Intervenor-Appellant.	Motion by Albany/Capital District Chapter of the Labor Council for Latin American Advancement for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.
In the Matter of Rodney Bellony, Appellant, v. Cheryl Chambers, et al., Respondents.	Motion by New York State Association of Criminal Defense Lawyers, et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed submission is accepted as filed.
Estate of Brendan Boyle, et al., Appellants, v. James Smith, &c., et al., Defendants, Otto Garcia, &c., et al., Respondents.	Motion by American Tort Reform Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
James R. Brannigan, et al., Appellants, v. Board of Education of Levittown Union Free School District, Respondent.	Motion for leave to appeal denied.
In the Matter of Council of the City of New York, Appellant, v. Michael R. Bloomberg, &c., et al., Respondents.	Motion by American Civil Liberties Union, et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days.
In the Matter of Council of the City of New York, Appellant, v. Michael R. Bloomberg, &c., et al., Respondents.	Motion by The City and County of San Francisco, California, et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.
In the Matter of Council of the City of New York, Appellant, v. Michael R. Bloomberg, &c., et al., Respondents.	Motion by The Brennan Center for Justice at New York University School of Law for leave to file a brief amicus curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days.
In the Matter of Council of the City of New York, Appellant, v. Michael R. Bloomberg, &c., et al., Respondents.	Motion by Lambda Legal Defense and Education Fund, Inc., et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.
CWM Chemical Services, L.L.C., Appellant, v. Arthur J. Roth, &c., et al., Respondents.	Motion by General Motors Corporation for leave to file a brief amicus curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days.
Jane Doe, &c., et al., Appellants, v. Joseph Rohan et al., Defendants, Wykagyl Bus Service et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Wojciech Dudek et al., Respondents, v. Metropolitan Transportation Authority of State of New York, et al., Respondents. --------------------------------- (And a First Third-Party Action.) --------------------------------- Leadcare, Inc., &c., Second Third-Party Respondent, v. Safeway Environmental Corp., Second Third-Party Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Robert L. Fisher, &c., Appellant, v. Equicredit, also known as Equicredit Corporation, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Christopher W. Giovati, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Christian Gomez, also known as Cristian Cosme, 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 Cheryl S. Hemmelgarn, Appellant. Commmissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Fatia I., a Person Alleged to be a Juvenile Delinquent, Appellant.	Motion for leave to appeal denied.
The People &c. ex rel. Clifton A. Jackson, Appellant, v. Buffalo City Court, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Elijah Little, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed upon the ground that no application for leave to appeal pursuant to CPL 460.20 will lie from an order of a single justice of the Appellate Division denying leave to appeal to that court pursuant to CPL 460.15.
In the Matter of Zakrya M. (Anonymous). Administration for Children's Services, Respondent, v. Vaneshia R. (Anonymous), Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Jennifer McNally, Appellant, v. Posterloid Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Cesar Mendoza, Respondent, v. American Country Insurance Company, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Winston Nicholson, Appellant.	Motion by The Criminal Appeals Bureau of The Legal Aid Society of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Jeffrey Peterson, 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 Thomas J. Regan, Appellant, v. New York State and Local Employees' Retirement System et al., Respondents.	Motion for reargument denied.
In the Matter of Abdullah Y. Salahuddin, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Edwin Santana, Appellant.	Motion for assignment of counsel granted and Steven Banks, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
Tony Stevens et al., Appellants, v. Homiak Transport, Inc., et al., Respondents, Steven Curtis Rochen, Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Joseph P. Sullivan, Appellant, et al., Petitioners, v. City of Albany Board of Zoning Appeals, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Philip Symmonds, Appellant, v. Robert Dennison, as Chair of the New York State Board of Parole, et al., Respondents.	Motion for leave to appeal denied.
Joseph Tortura, Appellant, v. Sullivan Papain Block McGrath & Cannavo, P.C., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Daniel XX. Joseph J. Colarusso, &c., Respondent, v. Daniel XX., Appellant.	Motion for leave to appeal denied.