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| Raffaele Ciocca et al., Appellants, v. Sang K. Park, 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. |
| The People &c., Appellant, v. Harold L. Dunbar, Respondent. |
Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
| Glenbriar Co., Appellant, v. S. Lee Lipsman, et al., Respondents. |
Order affirmed with costs.
Certified question not answered upon the ground that it is unnecessary. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur, Judge Rosenblatt in a separate concurring opinion in which Judge R.S. Smith also concurs. |
| In the Matter of Pine
Knolls Alliance Church, Respondent, v. Zoning Board of Appeals of the Town of Moreau, Appellant. |
Order reversed, with costs, and
petition dismissed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur. |
| Tomaz Mendes Regatos, Respondent, v. North Fork Bank and New Commercial Bank of New York, Appellants, North Fork Bancorporation, Defendant. |
Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.27 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified questions answered as follows: the first part of question one answered in the negative, and the second part of question one not answered as academic; and the first part of question two answered in the affirmative, and the second part of question two answered in the negative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur. |
Jose Rodrigues et al., Plaintiffs, v. N & S Building Contractors, Inc., Appellant, et al., Defendant, Caldas Concrete Company, Inc. et al., Third-Party Respondents. |
Order reversed, with costs,
defendant third-party plaintiff N & S Building Contractors, Inc.'s motion for summary judgment as to the third-party action granted and judgment granted declaring in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur. Judge Read dissents in an opinion. |
| In the Matter of Christine
Anson, Appellant, v. Linden Anson, Respondent. |
Motion for leave to appeal denied. |
| AG Capital Funding Partners,
L.P. et al., Plaintiffs, v. State Street Bank and Trust Company, Third-Party Appellant, Salomon Smith Barney Inc., et al., Third-Party Respondents. |
Motion by AG Capital Funding Partners, L.P., et al. for leave to file a brief &c. on the appeal herein granted only to the extent that the proposed brief is accepted as filed. |
| The People &c., Respondent, v. Thomas Burton, Appellant. |
Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein. |
| 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 a brief amicus curiae on the appeal herein granted. Two copies of the brief may be served and 24 copies filed within seven days. |
| 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 appeal herein granted. Three copies of the brief may be served and one original and 24 copies of the brief filed within seven days. |
| The People &c., Respondent, v. Glenn Clinkscales, Appellant. |
Motion for leave to appeal denied. |
| Colonial Penn Insurance
Company, Respondent, v. New York Central Mutual Insurance Company, Appellant. |
Motion for leave to appeal denied. |
| The People &c., Respondent, v. John Covington, Appellant. |
Motion for an extension of the time
within which to apply for permission to appeal pursuant to CPL 460.20 denied as unnecessary and motion papers treated as a timely CPL 460.20 application. |
| Louis Crapsi, Respondent, v. South Shore Golf Club Holding Company, Inc. et al., Appellants. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| The People &c., Respondent, v. Richard Crespo, 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. |
| Randy Crowningshield, Appellant, v. Barry Kim, Defendant, Harold A. Koster et al., Respondents. |
Motion for leave to appeal denied. |
| James A. Dietz, Plaintiff, v. Compass Property Management Corporation, et al., Defendants. --------------------------------- Compass Property Management Corporation, et al., Third-Party Appellants, v. Siegel Landscape Service, Inc., Third-Party Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| The People &c., Respondent, v. Paris Drake, Appellant. |
Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein. |
| Victor N. Farley, as
Public Administrator &c. of Norma Roman, et al., &c., Appellant, v. County of Erie, et al., Respondents. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Fleet National Bank, Respondent, v. David M. Olasov et al., Appellants, 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. |
| In the Matter of Dennis P.
Flood, &c., Respondent, v. Lawrence Schopfer, &c., et al., Respondents, Erin Malloy, &c., Respondent, Susan Brenner-Morton, Intervenor-Appellant. ----------------------------- (And Another Proceeding.) |
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. |
| In the Matter of Dennis P.
Flood, &c., Respondent, v. Lawrence Schopfer, &c., et al., Respondents, Erin Malloy, &c., Appellant, Susan Brenner-Morton, Intervenor-Respondent. --------------------------------- (A nd Another Proceeding.) |
Motion for leave to appeal denied. |
| Lawrence L. Gaslow, Appellant, v. KPMG LLP, 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. |
| Donald G. Gore et al., Appellants, v. Giuseppe Cambareri et al., Respondents. |
Motion for leave to appeal denied. |
| Gloria Green, Appellant, v. New York City Department of Education, Respondent. |
Motion for leave to appeal denied. |
| Brunilda Guzman, Appellant, v. New York City Transit Authority, et al., Respondents. |
Motion for leave to appeal dismissed
as untimely (see, CPLR 5513[b]; Eaton v State of New York, 76 NY2d 824 [1990]). |
| Town of Hempstead, et al., Respondents, v. Incorporated Village of Freeport, Appellant, et al., Defendant. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| John R. Herzog, Appellant, v. Theresa M. Herzog, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Hoffend & Sons, Inc., Appellant, v. Rose & Kiernan, Inc. and Mark C. Nickel, Respondents. |
Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the complaint, granted; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied appellant's motion to amend the complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution. |
| Dorothy Hulse &c., et al, Respondents, v. Summerlin, LLC, et al., Appellants. (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. |
| Edward F. Hutton, Appellant, v. Alexis Hadasse Brink, also known as Linda Hadasse Abram, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| The People &c., Respondent, v. Leroy Jamison, Appellant. |
Motion for an extension of the time
within which to apply for permission to appeal pursuant to CPL 460.20 dismissed as untimely. |
| In the Matter of Otis P.
Jenkins, Respondent-Appellant, v. Judy A. Jenkins, Appellant-Respondent, Pamela Walton, Respondent. (And Three Other Related Proceedings.) |
Motion by counsel for
respondent-appellant for relief from the assignment denied. |
| The People &c., Respondent, v. Thomas Kelly, Appellant. |
Motion for reargument denied. |
| Willie King et al., Appellants, v. T. James Wu, &c., et al., Respondents, et al., Defendant. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Candace Lefferts, Plaintiff, v. Federated Department Stores, Inc., d/b/a Macy's, Defendant. --------------------------------- Federated Department Stores, Inc., d/b/a Macy's, Third-Party Respondent, v. MG Concepts, Third-Party Appellant, Fixture Perfect International and/or F.P.I., Third-Party 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. |
| The People &c., Respondent, v. David T. Lewis, 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.
Lawrence Lewis, Appellant, v. William E. Phillips, &c., Respondent. |
Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. |
| Lawton Llewellyn, Respondent, v. Maurice W. Pomfrey & Associates, Ltd., &c., et al., Appellants. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Jeffrey Mars, et al., Appellants, v. Diocese of Rochester, Respondent, et al., Defendant. |
Motion for reargument of motion for leave to appeal dismissed as untimely. |
| The People &c., Respondent, v. Frank Mateo Jr., 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. |
| Mount Zion Ministries
Church, Inc., Appellant, v. Hines Color, Inc., Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of Gregory
Neail, Respondent, v. Sandra DeShane, Appellant. (And Another Related Proceeding.) |
Motion for leave to appeal denied. |
| In the Matter of Oak
Street Management Inc. Gerald N. Jacobowitz, et al., Respondents; Arthur F. Concors, et al., Appellants. |
Motion for leave to appeal granted. |
| In the Matter of Mark
Osmundson, Appellant, v. Helen Held-Cummings, Respondent. |
Motion for leave to appeal denied. |
| In the Matter of Janice
M. Pennington, Respondent, v. Frank J. Clark, &c., et al., Appellants. |
Motion for leave to appeal denied. |
| Power Cooling Inc., Appellant, v. The Churchill School and Center, et al., Defendants, Signature Construction Group, Inc., Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Red Hook Marble, Inc., Appellant, v. Herskowitz & Rosenberg, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Angela Riddick, &c., 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 Rozelle
Tyrone Lee P., &c., Nancyrose C., &c., Appellant; Administration for Children's Services, 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. |
| In the Matter of Jessica
S. (Anonymous). Administration for Children's Services, Respondent; Arthur S. (Anonymous), Appellant. (And Two Other Proceedings.) |
Motion for leave to appeal dismissed
as untimely (see, CPLR 5513[b]). Motion for poor person relief dismissed as academic. |
| The People &c., Respondent, v. Maijia Scott, 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. |
| Frederick Siemon, Appellant, v. Kristen Useted, Respondent. |
On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. 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. Motion for poor person relief dismissed as academic. |
| Solow Management Corp., Appellant, v. Richard C. Seltzer, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of
Adrienne Sumowicz, Appellant, v. Raymond Kelly, as Police Commis- sioner of the City of New York, &c., Respondent. |
Motion for leave to appeal denied. |
| Sung Hwan Co., Ltd., Appellant, v. Rite Aid Corporation, Respondent. |
Motion for leave to appeal granted. |
| Louis Tatta, Appellant, v. State of New York, Respondent. |
Motion for leave to appeal denied. |
| In the Matter of Paul
Taylor, Appellant, v. Robert Dennison, Chairman, New York State Division of Parole, Respondent. |
Motion for leave to appeal denied. |
| Michelle Trummer et al., Appellants, v. Reiner N. Niewisch, d/b/a R.N. Equestrian Services, et al., Respondents. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of Visiting
Nurse Service of New York Home Care, Respondent, v. New York State Department of Health, et al., Appellants. |
Motion by Home Care Association of New York State, Inc. for leave to file a brief amicus curiae on the appeal herein granted. Three copies of the brief may be served and one original and 24 copies of the brief filed within seven days. |
| In the Matter of George
Wallas, Deceased, Appellant, v. Mastic Beach Excavation, Inc., et al., Respondents. Workers' Compensation Board, Respondent. |
Motion for leave to appeal denied. |
| Arnold Weiss, Esq., Appellant, v. Superior Jamestown Corporation, Inc., 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. |
| The People &c., Respondent, v. Terence Wells, Appellant. |
Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein. |
| Geneese White, Appellant, v. Laidlaw Transit, Inc., Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| The People &c., Respondent, v. Ronald Williams, Appellant. |
Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein. |