Court of Appeals Decision List
Decided January 18, 2005
Cases
In the Matter of the consideration of the suspension of Honorable C. Ernest Brownell, from the office of Justice of the Junius Town Court, Seneca County, pursuant to New York Constitution, Article 6, section 22, subd. e and g and Judiciary Law section 44, subd. 8(a) and (c).	On the Court's own motion, it is determined that Honorable C. Ernest Brownell is suspended with pay, effective immediately, from his office of Justice of the Junius Town Court, Seneca County, pending disposition of his request for review of a determination by the State Commission on Judicial Conduct. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
The People &c., Respondent, v. Karl Ahlers, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Bates Advertising USA, Inc., Respondent, v. 498 Seventh, LLC, 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 (see, Burke v Crosson, 85 NY2d 10, 18 n5).
In the Matter of Beechwood Restorative Care Center, et al., Appellants, v. John Signor, as Records Access Appeals Officer of New York State Department of Health, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Derek A. Deal, Appellant, v. Eduardo Nieves, Superintendent, Fulton Correctional Facility, Respondent.	Appeal, insofar as taken from that portion of the Appellate Division order that dismissed the appeal from the Supreme Court order denying reargument and renewal, dismissed without costs, by the Court sua sponte, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; appeal otherwise dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Delafield 246 Corp., Appellant, v. The City of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Lisa DuBose, Respondent, v. Anton & Partners, Appellant.	Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain this motion for leave to appeal from the nonfinal order of the Appellate Division entered in this action commenced in the Civil Court of the City of New York (see, NY Const, art VI, § 3[b][7]; CPLR 5602[a]). Motion for a stay dismissed as academic.
54 Greene Street Realty Corp., Appellant, v. Kenneth Robert Shook, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Chrysoula Frangos, Appellant, v. The New York Division of Housing and Community Renewal, et al. Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Hasaun Grigger, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal denied.
In the Matter of Christopher Grimm, Appellant, v. State of New York Division of Housing and Community Renewal, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Donald Harner, Respondent, v. County of Tioga, Appellant.	Motion for leave to appeal granted.
Christopher Hiraldo, &c., et al., Appellants, v. Allstate Insurance Company, et al., Respondents. et al., Defendants.	Motion for leave to appeal granted.
In the Matter of the Estate of Max Levinson, Deceased. Pearl Benson et al., as Coexecutors of the Estate of Max Levinson, Deceased, Respondents; Rita Levinson, Individually and as Executor of the Estate of Paul Levinson, Deceased, Appellant.	Motion for leave to appeal denied.
In the Matter of Nicholas M. (Anonymous), Appellant. Presentment Agency, Respondent.	Motion for leave to appeal denied.
In the Matter of Nicholas M. (Anonymous), Respondent. Presentment Agency, Appellant.	Motion for leave to appeal denied.
In the Matter of Leo A. Marino, Appellant, v. New York City Department of Correction, Records Access Officer, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of the Estate of Mildred B. Murphy, Deceased. --------------------------------- Bonnie Gustin et al. &c., Petitioners; Evelyn Beckman, Respondent, Connie Morral, et al., Appellants.	Motion for leave to appeal granted.
Amarnauth Outar et al., Respondents, v. City of New York, Appellant.	Motion for leave to appeal granted.
Prana Partners, Appellant, v. Brittbran Realty, Inc., Respondent.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Patrick Price, et al., Appellants, v. The City of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Rueben Doulphus R., Jr., A Child Under the Age of Eighteen Years, &c., Rueben R., Appellant, Catholic Home Bureau for Dependent Children, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Family Court's denial of the motion to vacate, 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. Chief Judge Kaye took no part.