Court of Appeals Decision List
Decided November 17, 2005
Cases
AG Capital Funding Partners, L.P. et al., Plaintiffs, v. State Street Bank and Trust Company, Third-Party Appellant, v. Salomon Smith Barney Inc., et al., Third-Party Respondents.	Order modified, without costs, by reinstating the negligence and contribution causes of action in the third-party complaint against all third- party defendants and, as so modified, affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Rosenblatt, Graffeo and Read concur. Judge R.S. Smith dissents in part in an opinion in which Judge G.B. Smith concurs.
Niki Marie Cleary, &c., et al., Appellants, v. Reliance Fuel Oil Associates, Inc., 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.
In the Matter of Aneudis Perez, et al., Appellants, v. The City University of New York, et al., Respondents.	Order reversed, with costs, and judgment of Supreme Court, Bronx County, reinstated. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Hugh Personius et al., Appellants, v. John G. Mann et al., Respondents.	On review of submissions pursuant to section 500.11 of the Rules, order modified, with costs to plaintiffs, by denying defendants' motion for summary judgment as to the negligence cause of action and, as so modified, affirmed. A question of fact existed as to whether defendants fulfilled their duty to inspect and maintain the pole in question. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Appellant, v. Herman Turner, Respondent.	Order affirmed. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Varsity Transit, Inc., et al., Respondents, v. The Board of Education of the City of New York, Appellant.	Judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
In the Matter of Visiting Nurse Service of New York Home Care, Respondent, v. New York State Department of Health, et al., Appellants.	Order affirmed, with costs, and certified question answered in the negative. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Motions
Michael Aksman, Appellant, v. Xiongwei Ju, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge R.S. Smith took no part.
Michael Anderson, Appellant, v. Olympia & York Tower B Company, &c., Respondent; Kelly Trane Service Company, Third-Party Respondent.	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 The Defense Association of New York, Inc. et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Diane Ballard, Appellant, v. HSBC Bank USA et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Harry Bowman, Appellant, v. Lancaster Department of Police and Gary F. Stoldt, Chief of Police, Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Joseph Canzoneri, Appellant, v. Alan G. Hevesi, as Comptroller of the State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Mary Careccia, Respondent, v. Metropolitan Suburban Bus Authority, &c., et al., Appellants, et al., 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.
In the Matter of The Coalition Against Lincoln West, Inc., &c., et al., Appellants, 205 West End Avenue, Petitioner, v. Iris Weinshall, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Anthony Correnti, Appellant, v. Shirley Baker, &c., 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 The Archdiocese of New York, et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief may be served and 22 copies filed within seven days.
In the Matter of Thomas Cross, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
James P. Curcio, Appellant, v. Watervliet City School District, Respondent, et al., Defendants.	Motion for leave to appeal denied.
In the Matter of Larry Davis, Appellant, v. Roy Girdich, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Larry Davis, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Larry Davis, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Larry Davis, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the appeal from Supreme Court's order denying reargument and affirmed Supreme Court's order denying renewal, 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.
The People &c., Respondent, v. John Dexter, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Jose Diaz, 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.
Alice Laraine Dimery, Appellant, v. Ulster Savings Bank, Respondent.	Motion for reargument of motion for leave to appeal denied.
Cynthia Dimond, also known as Cindy Dimond, Appellant, v. Kazmierczuk & McGrath, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Dorsett- Felicelli, Inc., &c., Appellant, v. County of Clinton, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of John A. Ek, Appellant, v. Brion Travis, &c., Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]). Motion for poor person relief dismissed as academic.
In the Matter of Woodrow Flemming, Appellant, v. Donald Selsky &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Lavern Graham, Appellant.	Motion for an extension of time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed as untimely.
In the Matter of Elvin Lebron, Appellant, v. Sandra Lewis Smith &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Rolando Leon, 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.
The People &c. ex rel. Brian J. Martinez, Appellant, v. Calvin E. West, as Superintendent of Elmira Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Candy Medina, Appellant, v. City of New York, Respondent.	Motion for reargument denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Bethlehem et al., Respondents.	Motion by The Association of Towns of the State of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Watertown et al., Respondents.	Motion by The Association of Towns of the State 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. Roberto Oms, also known as Jose Perez, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted to the extent that papers constituting a complete application for permission to appeal may be served and filed no later than December 19, 2005.
In the Matter of Village of Port Chester, &c., Respondent, v. Maria Martinez, doing business as Mark Anthony Restaurant, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
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 by New York State Deputies Association 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.
Federico Procopio et al., Appellants, v. Town of Saugerties, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Nicholas E. Pryor, &c., 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 Ewan Richards, Appellant, v. Robert Dennison, 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. Walter J. Roache, Appellant, v. S.A. Connell, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
In the Matter of Michael Rodriguez, Appellant, v. New York State Division of Parole, 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.
James Schmaeling et al., Respondents, v. Pamela Cook, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of John C. Scott, Appellant, v. Cheryl F. Coleman, as Albany City Court Judge, 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.
Pamela Serla, Appellant, v. Harold F. Jacobsen, et al., Defendants, Jaco Transportation, Inc. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Marc Sherman, &c., Appellant, v. Pace University, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
John E. Silverman et al., Appellants, v. 875 Tenant Corp. 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.
Mama T. Sow, Respondent, v. Marino T. Arias et al., Appellants, Mitsubishi Motors Credit of America, Inc., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Mama T. Sow, Respondent, v. Marino T. Arias et al., Defendants, Mitsubishi Motors Credit of America, Inc., Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Louis Tatta, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Eric Titmas, Appellant, v. Daniel Hogue, as Sheriff of Sullivan County, Respondent.	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 reargument of motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Appellant, v. Dwight I. Vogel, Jr., Respondent.	Motion for assignment of counsel granted and Anna M. Zephro Jost, Esq., P.O. Box 313, Tonawanda, NY 14151 assigned as counsel to the respondent on the appeal herein.
The People &c. ex rel. Donald E. White, Appellant, v. S.A. Connell, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain it (see, CPLR 5602). Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Jamel Wingate, Appellant.	Motion for leave to appeal denied.