Court of Appeals Decision List
Decided September 15, 2005
Cases
Lawrence Knoll,
Appellant,

All American Metal,
Plaintiff,
v.
Seafood Express, et al.,
Respondents.
On review of submissions pursuant to
section 500.11 of the Rules, order
affirmed, with costs, in a memorandum.
Chief Judge Kaye and Judges G.B. Smith,
Ciparick, Rosenblatt, Graffeo, Read and
R.S. Smith concur.

Stichting Ter Behartiging Van de
Belangen Van Oudaandeelhouders
in Het Kapitaal Van Saybolt
International B.V., &c.,
Appellant-Respondent,
v.
Philippe S.E. Schreiber, et al.,
Respondents-Appellants,
et al.,
Third-Party Defendant,
et al.,
Defendants.

Pursuant to the August 26, 2005 order of
the United States Court of Appeals for
the Second Circuit withdrawing its
certification of questions accepted by
this Court on June 7, 2005, certified
questions marked withdrawn.
Judges G.B. Smith, Ciparick, Rosenblatt,
Graffeo, Read and R.S. Smith concur.
Chief Judge Kaye took no part.
Motions
Allstate Insurance Company,
et al.,
Appellants,
v.
United International Insurance
Company,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Salvatore A. Cataldo,
Appellant,
v.
Incorporated Village of Mineola,
et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Charter
Development Company, L.L.C.,
Appellant,
v.
City of Buffalo, et al.,
Respondents.
Motion for leave to appeal granted.
In the Matter of Church of the
Chosen et al.,
Appellants,
v.
City of Elmira et al.,
Respondents.
Motion for leave to appeal denied.
Niki Marie Cleary, &c., et al.,
Appellants,
v.
Reliance Fuel Oil Associates,
Inc., et al.,
Respondents.

Motion to dismiss appeal denied (see,
Matter of Duchnowski, 31 NY2d 991, 991-
992 [1973]).
In the Matter of Thomas Dallio,
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.
In the Matter of Nikson D.
(Anonymous),
Appellant.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
The People &c.,
Respondent,
v.
Magnificent Davis,
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 Demariano
Fagairo,
Appellant,
v.
Debra Joy, as Director of the
New York State Department of
Correctional Services Temporary
Release Programs,
Respondent.
Motion for leave to appeal denied.
Gonzalo Figueroa, et al.,
Appellants,
v.
Utica National Insurance Group,
et al.,
Respondents,
et al.,
Defendants.

Motion for leave to appeal denied.
The People &c. ex rel. Timothy
Fletcher,
Appellant,
v.
Brion Travis, &c.,
Respondent.
Motion for leave to appeal denied.
Esther Glass, et al.,
Plaintiffs,
v.
Allan Grecco, et al.,
Defendants,
Peerless Abstract Corp.,
Respondent;
Regina Seltzer,
Nonparty Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Douglas Gor et al.,
Appellants,
v.
High View Estates Owners Corp.,
et al.,
Respondents.
Motion for leave to appeal denied.
Hanover Insurance Company,
Respondent,
v.
Inter-Reco, Inc., et al.,
Appellants,
et al.,
Defendants.

Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Rachel J. Henry, &c. et al.,
Appellants,
v.
Advance Process Supply Company
et al.,
Respondents.
(And a Third-Party Action.)
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 Highlands
Insurance Company, by its t/p/a
Country-Wide Management Services,
Respondent,
v.
Franklin Jose Baez, et al.,
Respondents,
Public Service Mutual Ins. Co.,
Appellant.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
James Hurst,
Appellant.
Motion for leave to appeal denied.
In the Matter of Incorporated
Village of Poquott, et al.,
Appellants,
v.
John Cahill, &c., et al.,
Respondents.

Motion, insofar as it seeks leave to
appeal from that part of the Appellate
Division order that affirmed the denial
of the motion for a preliminary
injunction, dismissed upon the ground
that such portion of the order does not
finally determine the proceeding within
the meaning of the Constitution; motion
for leave to appeal otherwise denied.
Java Street Realty, Inc.,
Appellant,
v.
New York City Economic Develop-
ment Corporation, et al.,
Respondents,
et al.,
Defendants.
(And a Third-Party Action.)
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.
Jim Ball Chrysler LLC,
Appellant.
v.
Marong Chrysler-Plymouth, Inc.
et al.,
Defendants,
West-Herr Dodge LLC,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Jim Ball Chrysler LLC,
Appellant,
v.
Marong Chrysler-Plymouth, Inc.
et al.,
Respondents,
et al.,
Defendant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
John Hancock Life Insurance
Company, formerly known as John
Hancock Mutual Life Insurance
Company,
Respondent,
v.
42 Delaware Avenue Associates,
LLC, et al.,
Appellants,
et al.,
Defendants.
Motion, insofar as made by 42 Delaware
Avenue Associates, LLC, dismissed upon the
ground that as to such party, the order
sought to be appealed from does not
finally determine the action within the
meaning of the Constitution; motion,
insofar as made by William L. Christie and
Eugene C. Tenney, denied.
Melvyn Kaufman, et al.,
Appellants,
v.
Village of Mamaroneck,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Melvyn Kaufman, et al.,
Appellants,
v.
State of New York,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Melvyn Kaufman, et al.,
Appellants,
v.
State of New York,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Johnathan
Kranock,
Respondent,
v.
Nikkara Ranieri,
Appellant.
Motion for leave to appeal denied.
Lancer Insurance Company,
Respondent.
v.
T.F.D. Bus Co., Inc., et al.,
Defendants,
Celeste M. Lyons,
Appellant.

Motion for leave to appeal denied.
Lancer Insurance Company,
Respondent,
v.
T.F.D. Bus Co., Inc.,
Appellant,
et al.,
Defendants.
Motion for leave to appeal denied.
Lancer Insurance Company,
Respondent,
v.
T.F.D. Bus Co., Inc., et al.,
Defendants,
Thomas E. Lyons,
Appellant.
Motion for leave to appeal denied.
Timothy Makas,
Appellant,
v.
Dennis B. Schlenker 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.
Maldonado v Kissm Realty
Corporation et al.
---------------------------------
(And a Third-Party Action.)
---------------------------------
Kissm Realty Corporation,
Second Third-Party Respondent,
v.
Fireman's Fund Insurance Company,
Second Third-Party Appellant,
et al.,
Second Third-Party Defendant.

Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Zabrina M.
Erie County Department of Social
Services,
Respondent;
Daniel M., Sr.,
Appellant.
---------------------------------
In the Matter of Daniel M., Jr.
Erie County Department of Social
Services,
Respondent;
Daniel M., Sr.,
Appellant.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Robert Masters,
Appellant.
Motion for leave to appeal denied.
Thomas F. McLoughlin,
Appellant,
v.
Sullivan Papain Block McGrath
& Cannavo, P.C., et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Stanley W.
McPherson,
Appellant,
v.
Glenn S. Goord, as Commissioner
of Correctional Services, et al.,
Respondents.

Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
The People &c., ex rel. Wilbur
McReynolds, o/b/o Darrick Sean
McReynolds,
Appellant,
v.
Commissioner, Office of Mental
Retardation and Developmental
Disabilities, et al.,
Respondents.
Motion for leave to appeal denied.
Herbert Messinger, &c. et al.,
Appellants.
v.
The Mount Sinai Medical Center,
et al.,
Respondents.
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.
In the Matter of the City of New
York, relative to acquiring title
&c. for the construction of the
Third Water Tunnel, Shaft 30B &c.
---------------------------------
The City of New York,
Respondent,
v.
Grand Lafayette Properties LLC,
Appellant.
Motion for leave to appeal denied as
unnecessary.
In the Matter of Niagara Mohawk
Power Corporation,
Appellant,
v.
Town of Tonawanda Assessor,
et al.,
Respondents.

Motion for leave to appeal granted.
Northeast Construction Group,
Inc.,
Respondent,
v.
Deconstruction, Inc.,
Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c.,
Respondent,
v.
Cruz Ortiz,
Appellant.
Motion for an extension of the time within
which to apply for permission to appeal
pursuant to CPL 460.20 dismissed as
untimely.
Jo-Marie Reed,
Respondent,
v.
George Hopp Reed,
Appellant.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Ralph Scott,
Appellant,
v.
Robert Dennison, Chairman, New
York State Division of Parole,
Respondent.
Motion for leave to appeal denied.
In the Matter of William J.
Steinmann,
Appellant,
v.
Alan G. Hevesi, as State
Comptroller,
Respondent.

Motion for leave to appeal denied.
Richard Stone,
Appellant,
v.
Greenspan & Greenspan,
Respondent.
Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Raymond Sutton,
Appellant.
Motion for leave to appeal denied.
David Tucker, Sr., &c., et al.,
Appellants,
v.
64 West 108th St. Corp., et al.,
Respondents,
John Doe Nos. 1 Through 5,
Defendants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
The People &c.,
Respondent,
v.
Carlos Weeks,
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.
The People &c. ex rel. Victor
Woodard,
Appellant,
v.
Dale Artus, as Superintendent of
Clinton Correctional Facility,
Respondent.

Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.


In the Matter of Ruth Y.
(Anonymous).
Orange County Department of
Social Services,
Respondent;
Yvonne Y. (Anonymous),
Appellant.
(Proceeding No. 1)
---------------------------------
In the Matter of Kimberly Y.
(Anonymous).
Orange County Department of
Social Services,
Respondent;
Yvonne Y. (Anonymous),
Appellant.
(Proceeding No. 2)
Motion for leave to appeal denied.
In the Matter of Ruth Y.
(Anonymous).
Orange County Department of
Social Services,
Respondent;
Yvonne Y. (Anonymous),
Appellant.
(Proceeding No. 1)
---------------------------------
In the Matter of Kimberly Y.
(Anonymous).
Orange County Department of
Social Services,
Respondent;
Yvonne Y. (Anonymous),
Appellant.
(Proceeding No. 2)