Court of Appeals Decision List
Decided February 17, 2005
Cases
In the Matter of Jeremy W. Alderson, Respondent, v. New York State College of Agriculture and Life Sciences at Cornell University, et al., Appellants.	Judgment appealed from and order of the Appellate Division brought up for review modified, without costs, and matter remitted to Supreme Court, Tompkins County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Joseph Campbell, Appellant, v. City of New York, Respondent, William Huckemeyer, &c., et al., Defendants.	Order reversed, with costs, and defendant City of New York's motion to dismiss denied. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith dissents and votes to affirm in an opinion.
The People &c., Respondent, v. Tracey Douglas, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. T.J. Charles Hardy, Appellant.	Order reversed and a new trial ordered. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Smith, Rosenblatt, Graffeo, Read and Smith concur.
Quantum Corporate Funding, Ltd., Respondent, v. Westway Industries, Inc., Defendant, United States Fidelity and Guaranty Company, Appellant.	Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Katherine M. Seeber, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith dissents and votes to reverse in an opinion in which Judge G.B. Smith concurs.
Motions
Joanne S. Baker, f/k/a Joanne S. Berenberg, Appellant, v. Monarch Life Insurance Company, Respondent.	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 Patrick Barclay, Appellant, v. New York State Department of Correctional Services et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Cancer Action NY et al., Plaintiffs, Donald L. Hassig, Appellant, v. St. Lawrence County Newspapers Corporation, Doing Business as The Ogdensburg Journal and Advance News, et al., Respondents.	Motion for leave to appeal denied.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion for leave to appeal granted.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion by Women's Bar Association of the State of New York for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion by Sanctuary for Families' Center for Battered Women's Legal Services for leave to file an affirmation amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion by Association of the Bar of the City of New York for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Motion by ABC, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Motion by National Press Photographers Association, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Motion by New York State Association of Criminal Defense Lawyers for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Five additional copies of the brief may be filed within 10 days.
Gerber Trade Finance, Inc., Appellant, v. Skwiersky, Alpert & Bressler, LLP, Respondent.	Motion for leave to appeal denied.
In the Matter of Anton Hagans, Respondent, v. Laura Harden, Appellant. (And Two Other Related Proceedings).	Motion for leave to appeal denied.
In the Matter of Glen S. Hockley, Appellant, v. Francis A. Nicolai, &c., et al., Respondents.	Motion for leave to appeal denied.
George Kralik, et al., Appellants, v. 239 East 79th Street Owners Corp., Respondent.	Motion by Eliot Spitzer, Attorney General 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. Eighteen additional copies of the brief may be filed and two additional copies served within 10 days.
Malachy Lyons, Jr., Appellant, v. Gandin, Schotsky, Rappaport, Glass, & Greene, LLP, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Newsday, Inc., Respondent, v. State Department of Transporta- tion, Appellant.	Motion by City of New York for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
9394 LLC, et al., Appellants, v. John T. Farris, Jr., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Mark Ochoa, Appellant, v. Hon. Dominic R. Massaro, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Charleen Palumbo, Respondent, v. Robert Palumbo, Appellant.	Motion for leave to appeal dismissed upon the ground that it does not lie, appellant having previously moved in the Court of Appeals (__ NY3d __ [decided 12-02-04]) from the same Appellate Division order and Supreme Court judgment from which he currently seeks leave to appeal (see, Selinger v Selinger, 90 NY2d 842 [1997]). Motion for a stay dismissed as academic.
The People &c., Respondent, v. Carlos Prado, Appellant.	Motion for reargument denied.
Mohammed Owolabi Salis, Appellant, v. Ghana Airways, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of the People of the State of New York, by Eliot Spitzer, as Attorney General of the State of New York, et al., Respondents, v. Frank Cuttita, Appellant.	Motion for leave to appeal denied.
In the Matter of Rene Towles, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Appellant, v. Andrew H. Van Buren Respondent. --------------------------------- The People &c., Appellant, v. Mary B. Jeanniton, Respondent.	Motion by City of New York for leave to appear amicus curiae on the appeals herein granted to the extent that the proposed brief is accepted as filed. Nineteen additional copies of the brief may be filed and two additional copies served within 10 days.
Joseph Verboys, Respondent, et al., Plaintiff, v. Town of Ramapo, et al., Defendants, Lydia Cotz, et al., Appellants.	Motion for leave to appeal denied.
Maria Vitrella, et al., Appellants, v. Amandio Rodrigues, et al., Respondents.	Motion for leave to appeal denied.
Jomo Williams, Appellant, v. State of New York, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Judge Read took no part.