Court of Appeals Decision List
Decided June 16, 2005
Cases
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Great Canal Realty Corp., Respondent, v. Seneca Insurance Company, Inc., Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendant's motion for summary judgment granted, judgment granted declaring that defendant Seneca Insurance Company is not required to defend and indemnify Great Canal Realty Corp. in the underlying action and certified question answered in the negative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of James Hughes, et al., Respondents, Local 333, United Marine Division, ILA, AFL-CIO, &c., et al., Intervenors, v. John J. Doherty, &c., Appellant.	Order reversed, with costs, and petition dismissed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.
George Kralik, et al., Appellants, v. 239 East 79th Street Owners Corp., Respondent.	Order reversed, without costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
The People &c., Respondent, v. Raul Lopez, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Parviz Robert Mohassel, Respondent, v. Lila Fenwick, Appellant.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Motions
In the Matter of Anonymous for Admission to the Bar of the State of New York, Appellant.	Motion for leave to appeal denied.
Estate of Brendan Boyle, et al., Appellants, v. James Smith, &c., et al., Defendants, Otto Garcia, &c., et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Unique M.C. and Saafir M. --------------------------------- Erie County Department of Social Services, Respondent; Jessica M.L., Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Colonie Plaza, Inc., Respondent, v. Assessor of the Town of Colonie et al., Respondents, Town of Colonie, Appellant, South Colonie Central School District, Intervenor-Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Grace Davis, Respondent, v. Melville Davis, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Oliver DeJesus, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
George Heath, Appellant, v. John S. Wojtowicz, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain the motion (see, NY Const, art VI, § 3[b]; CPLR 5602).
In the Matter of Connie Johnson, Appellant, v. New York State Board of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
David Levy, Appellant, v. Cheryl H. Grandone, Respondent.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
Arax Minassian, Respondent, v. Myron H. Temares et al., Appellants, Alfonso Tedesco, et al., Defendants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Florin C. Papa, a/k/a Florin C. Popescu, Plaintiff, v. 24 Caryl Avenue Realty Co. et al., Defendants; Community Preservation Corporation, Intervenor; Charles Rudd MacKenzie, Nonparty Appellant; W. Denis Donovan, &c., Nonparty Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Patrolmen's Benevolent Association of The City of New York, Inc., Appellant, v. New York State Public Employment Relations Board, et al., Respondents.	Motion for leave to appeal granted.
Frank Pingtella, Jr., as Admini- strator of the Estate of Virginia R. Pingtella, Also Known As Ginger R. Pingtella, Deceased, Plaintiff, Frank Pingtella, Jr., Individ- ually &c. of Frank V. Pingtella, an Infant, Appellant, v. Leeland Jones, M.D., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Jamie R., Appellant, v. Eileen Consilvio, &c., Respondent.	Motion for leave to appeal granted.
Rita Russo, Respondent, v. YMCA of Greater Buffalo, Defendant, Amherst Orthopedic Therapy Association, 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.
Richard B. Sachs, Respondent, v. Katayone Adeli, Appellant, Sean P. Barron, 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. Cross motion to vacate or modify stay denied.
In the Matter of Benjamin Schussler, Appellant, v. State University of New York, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal to that court from that part of Supreme Court's judgment denying reargument, 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.
In the Matter of Feliciana Umanzor, as Administrator of the Estate of Elsy C. Osorio, Deceased, Appellant, v. General Telecom et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied. Judge R.S. Smith took no part.
Denise Valentin, &c., Respondent, v. New York City Police Pension Fund, et al., Respondents, Selena Valentin, Appellant.	Motion for leave to appeal denied.
In the Matter of Rakim W. (Anonymous). --------------------------------- Dutchess County Department of Social Services, Respondent; Suwauney W. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Khalil W. (Anonymous). --------------------------------- Dutchess County Department of Social Services, Respondent; Suwauney W. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Mark Williams, Appellant, v. Michael Allard, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Fitzroy Wright, Appellant, v. David L. Miller, as Superinten- dent of Eastern Correctional Facility, et al., Respondents.	Motion for leave to appeal denied.