Court of Appeals Decision List
Decided December 20, 2005
Cases
The People &c., Respondent, v. Andrew Goldstein, Appellant.	Order reversed and a new trial ordered. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur. Judge Read dissents and votes to affirm in an opinion.
The People &c., Respondent, v. Tyrone Hicks, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of New York City Transit Authority, et al., Respondents, v. Transport Workers' Union of America, Local 100, AFL-CIO, et al., Appellants.	Order reversed, with costs, and petition dismissed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of George Rizzo, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Graffeo, Read and R.S. Smith concur. Judge Ciparick dissents and votes to reverse and reinstate the order of Supreme Court in an opinion.
Michael J. Solazzo, Jr., et al., Appellants, v. New York City Transit Authority, 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 Gary Waldren, Respondent, v. Town of Islip, Appellant.	On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, reversed, with costs, and petition dismissed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
Charles Ackerman, Plaintiff, v. Monique Gebbia-Ackerman, Respondent; Leslie Tenzer, Nonparty-Appellant.	Motion for leave to appeal from the judgment entered upon the Appellate Division order dismissed upon the ground that the judgment is not the final appealable paper from which leave to appeal may be sought (see, CPLR 5611).
In the Matter of Anonymous, Appellant. For Admission to the Bar of the State of New York.	Motion for a stay &c. dismissed as academic. Chief Judge Kaye took no part.
In the Matter of Anonymous, Appellant. For Admission to the Bar of the State of New York.	On the Court's own motion, appeal, insofar as taken from so much of the Appellate Division order as denied the application for admission to the bar, dismissed upon the ground that no substantial constitu- tional question is directly involved; appeal, insofar as taken from the remainder of the Appellate Division order, dismissed upon the ground that it does not finally determine the proceeding within the meaning of the Constitution. Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as denied the application for admission to the bar, denied; motion, insofar as it seeks leave to appeal from the remainder of the Appellate Division order, dismissed upon the ground that it does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief &c. dismissed as academic. Chief Judge Kaye took no part.
Anonymous, Respondent, v. Anonymous, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that defendant's appeal from the Appellate Division order affirming the denial of interim visitation is moot.
Appalachian Insurance Company, Respondent, v. General Electric Company, Appellant, Riunione Adriatica DiSicurta, also known as Adriatric Insurance Company, et al., Respondents, Aetna Casualty and Surety Company, &c., et al., Defendants. (And a Third-Party Action.)	Motion for leave to appeal, insofar as it seeks leave to appeal as against Birmingham Fire Insurance Company of Pennsylvania, China America Insurance Company, Fremont Industrial Indemnity Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, North River Insurance Company, Rampart Insurance Company, Riunione Adriatic Di Sicurata and Starnet Insurance Company, granted; motion for leave to appeal otherwise dismissed upon the ground that as to the other parties, the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Read took no part.
Automobile Insurance Company of Hartford, Respondent, v. Alfred S. Cook, Appellant, Victoria Pruyn, &c., Defendant.	Motion for leave to appeal granted.
The People &c., Respondent, v. Bartolome Brito, Appellant.	Motion to vacate this Court's September 30, 2005 dismissal order denied.
Mark Brocato et al., Respondents, v. City of New York, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Alfredo Cartagena, Appellant, v. New York State Board of Parole, Respondent.	Motion for leave to appeal dismissed upon the ground that the issues presented have become moot. Motion for poor person relief dismissed as academic.
Chelsea Associates, LLC, et al., Respondents, v. Laquila-Pinnacle, Defendant, Gerling America Insurance Company, Appellant.	Motion for leave to appeal denied upon the ground that an appeal lies as of right (see, CPLR 5601[a]).
Antonio Ciccone et al., Appellants, v. Bedford Central School District, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Ellis Eiland, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order of Supreme Court entered in this criminal proceeding (see, NY Const, art VI, 3[b]; CPLR 5601; CPL 450.90).
In the Matter of Woodrow Flemming, Appellant, v. Robert Morgenthau, &c., et al., Respondents.	Motion for leave to appeal dismissed upon the ground that it does not lie (see, CPLR 5602).
Warren Richard Follum, Jr., Appellant, v. Joyce Ann Follum, &c., 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.
Ilia Josilevich, Appellant, v. James L. Forde, Esq., et al., Respondents, Mark Fox, Defendant.	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 which is treated as if commenced in Civil Court (see, NY Const, art VI, 3[b][7]; CPLR 5602[a]; see also CPLR 326[b]).
Benjamin A. Kinsman et al., Appellants, v. Aaron Turetsky et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Joseph Lanza, Deceased. John M. McFaul, &c., Respondent; John Pascale, Appellant; Louis M. Rosenblatt, &c., Nonparty-Respondent.	Motion for leave to appeal denied.
In the Matter of Olivia S. Leach, Appellant, v. Jason Santiago, Respondent. (And Two Other Related Proceedings.)	Motion for leave to appeal denied.
In the Matter of Russell Manley, Appellant, v. New York State Board of Parole, Respondent.	Motion for leave to appeal denied.
Merrell-Benco Agency, LLC et al., Appellants, v. HSBC Bank USA et al., Defendants, Wolf Kraus et al., Respondents. (And Two Other Related Actions.)	Motion, insofar as MBIA, LLC seeks leave to appeal, dismissed upon the ground that MBIA, LLC is not a party aggrieved (see, CPLR 5511); motion for leave to appeal otherwise denied.
In the Matter of Frank A. Monzon, Appellant, v. Lori Zaikowski, Respondent.	Motion for leave to appeal denied.
Town of Mount Pleasant, Respondent, v. Legion of Christ, Inc., Appellant.	Motion for leave to appeal granted.
Eric Parker, Appellant, v. Mobil Oil Corporation, Island Transportation Corporation and Getty Petroleum Marketing, Inc., Respondents. --------------------------------- (And Third Party Actions.)	Motion for leave to appeal granted.
The People &c. ex rel. Lynel A. Parsons, Appellant, v. James J. Walsh, as Superintendent of Sullivan Correctional Facility, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Barbara Purpura, Respondent, v. Nicholas E. Purpura, 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. Motion for a preference dismissed as academic. Motion for poor person relief dismissed as academic.
Barbara Purpura, Respondent, v. Nicholas E. Purpura, 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. Motion for a preference dismissed as academic. Motion for poor person relief dismissed as academic.
In the Matter of Lillian Roberts, &c., et al., Appellants, v. The City of New York, et al., Respondents. --------------------------------- In the Matter of Lillian Roberts, &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.
R.A.C. Group, Inc. et al., Appellants, v. Board of Education of the City of New York, et al., Defendants, Bruckner Lumber and Building Supply Co., Respondent.	Motion for leave to appeal &c. denied with one hundred dollars costs and necessary reproduction disbursements.
Stephen B. Sawtelle, Appellant, Hackett Associates, Inc., Petitioner, v. Waddell & Reed, Inc., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
Bridget Semenetz, Individually &c. of Sean Semenetz, an Infant, Appellant, v. Sherling & Walden, Inc., et al., Defendants, Sawmills & Edgers, Inc., Respondent.	Motion for leave to appeal granted.
In the Matter of Chaun Valentine, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for reargument of motion for leave to appeal denied.