Court of Appeals Decision List
Decided September 20, 2005
Motions
In the Matter of Hamilcar Barca,
Appellant,
v.
Glenn S. Goord, as Commissioner
of Correctional Services, et al.,
Respondents.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
The People &c.,
Respondent,
v.
Frank Baylor, Jr.,
Appellant.
Motion for leave to appeal denied.
Pamela M. Bickford, &c.,
Appellant,
v.
St. Francis Hospital, et al.,
Respondents.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of Alan J. Brisson,
Respondent,
v.
County of Onondaga,
Appellant,
et al.,
Respondent.
Workers' Compensation Board,
Respondent.
Motion to strike exhibits denied.
Cross motion denied as unnecessary.
Broadway Associates,
Appellant,
v.
State of New York,
Respondent.
Motion for leave to appeal denied.
Ernesto Carballo,
Plaintiff,
v.
444 East 87th Street Owners
Corp. et al.,
Appellants,
Big Z Builders, Inc., &c.,
et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Xiao Yang Chen,
Appellant,
v.
Ian Ira Fischer,
Respondent.
Motion to strike part of the reply brief
denied.
The People &c.,
Respondent,
v.
Dwayne Douglas,
Appellant.
Motion for leave to appeal denied.
The People &c. ex rel. Ellis
Eiland,
Appellant,
Thomas Poole, Superintendent,
Five Points Correctional
Facility,
Respondent.

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.
The People &c.,
Respondent,
v.
Ellis Eiland,
Appellant.
Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
it does not lie (see, NY Const, art VI,
§ 3[b]; CPLR 5601; CPL 450.90).
Selma Farrago, et al.,
Appellants,
v.
Great Atlantic & Pacific Tea
Company, Inc. et al.,
Defendants,
Village of Bronxville,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Raul Garcia et al.,
Appellants,
v.
Peter Pepe, Jr., et al.,
Defendants,
JWS Technologies,
Respondent.

Motion, insofar as it seeks leave to
appeal from that portion of the Appellate
Division order that affirmed the denial
of appellants' motion for renewal,
dismissed upon the ground that such
part of the order does not finally
determine the action within the meaning
of the Constitution; motion for leave
to appeal otherwise denied.
Albert Goetz-Haddad,
Appellant,
v.
Pathmark Supermarkets, et al.,
Respondents.

Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
no appeal lies as of right from the
unanimous order of the Appellate Division
absent the direct involvement of a
substantial constitutional question
(CPLR 5601).
Debra Guzov, &c.,
Appellant,
v.
Manor Lodge Holding Corp.,
Respondent,
et al.,
Defendants.

Motion, insofar as it seeks leave to
appeal from the Appellate Division order
dismissing the complaint against Manor
Lodge Holding Corp., dismissed as untimely
(see, CPLR 5513[b]; Eaton v State of
New York, 76 NY2d 824 [1990]); motion,
insofar as it seeks leave to appeal from
the Appellate Division order denying
reargument and renewal, dismissed upon
the ground that such order does not
finally determine the action within the
meaning of the Constitution.
Hanover Square Antiques, Ltd.,
&c.,
Appellant,
v.
Dennis R. Insalaco et al.,
Respondents.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Jose Howithi,
Appellant,
v.
Brion D. Travis, as Chair of the
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.
In the Matter of John A.,
Appellant,
v.
Bridget M.,
Respondent.
Motion for leave to appeal denied.
In the Matter of Richard E.
Kaplan,
Appellant,
v.
Timothy Julian, as Mayor of the
City of Utica, &c., et al.,
Respondents.
Appeal transferred without costs, by the
Court sua sponte, to the Appellate
Division, Fourth Department, upon the
ground that a direct appeal does not lie
when questions other than the constitu-
tional validity of a statutory provision
are involved (NY Const, art VI,
§ 3[b][2], 5[b]; CPLR 5601[b][2]).
In the Matter of Madison Square
Garden, L.P.,
Appellant,
v.
New York Metropolitan
Transportation Authority, et al.,
Respondents.
---------------------------------
In the Matter of Walter Mankoff,
et al.,
Appellants,
Assemblyman Richard N. Gottfried,
&c., et al.,
Petitioners,
v.
New York Metropolitan
Transportation Authority,
Respondent.
Motion for leave to appeal granted.
Chief Judge Kaye and Judge Read took no
part.
In the Matter of Clarence McGann,
Appellant,
v.
Howard Holanchock, &c.,
Respondent.
Motion for leave to appeal denied.
Candy Medina,
Appellant,
v.
City of New York,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
Michael Melnitzky,
Appellant,
v.
Ronald Hollander,
Respondent.
Motion for leave to appeal denied.
Richard Miller,
Respondent,
v.
Weyerhaeuser Company et al.,
Appellants,
et al.,
Defendant.

Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
no appeal lies as of right, pursuant to
CPLR 5601(d), from the final judgment of
Supreme Court to bring up for review the
prior nonfinal order of the Appellate
Division, where the Appellate Division
order was unanimous and did not directly
involve a substantial constitutional
question.
Judge Read took no part.
In the Matter of Monroe County
Support Collection Unit, on
behalf of Patricia Wills,
Respondent,
v.
David Wills,
Appellant.
Motion for leave to appeal denied.
In the Matter of Jennifer Novara,
on Behalf of Victoria Jones, an
Infant,
Appellant,
v.
Cantor Fitzgerald, LP et al.,
Respondents.
Workers' Compensation Board,
Respondent.
(And Another Related Claim.)
Motion for leave to appeal denied.
Judge R.S. Smith took no part.
NYCTL 1997-1 Trust &c.,
Respondent,
v.
Gerard T. Goonan,
Appellant,
et al.,
Defendants.
Motion for leave to appeal dismissed upon
the ground that the orders sought to be
appealed from do not finally determine
the action within the meaning of the
Constitution.
In the Matter of Town of
Orangetown, et al.,
Respondents,
v.
Orangetown Policemen's
Benevolent Association, et al.,
Appellants.
Motion for leave to appeal granted.
In the Matter of William Pabon,
Appellant,
v.
William E. Phillips, &c.
Respondent.
Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
no substantial constitutional question
is directly involved.
Raymond Corporation et al.,
Respondents,
v.
National Union Fire Insurance
Company of Pittsburgh, PA,
Appellant.
Motion for reargument denied.
The People &c., ex rel. Willis
Redd,
Appellant,
v.
Larry Davis, &c.,
Respondent.
Motion for leave to appeal denied.
Motion for poor person relief dismissed
as academic.
In the Matter of Thomas J.
Regan,
Appellant,
v.
New York State and Local
Employees' Retirement System
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 proceeding within the meaning of the
Constitution.
Michael J. Ruffino,
Appellant,
v.
Joseph B. Neiman, M.D. and
Joseph B. Neiman, M.D., P.C.,
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 Katarzyna
Sacharczuk,
Respondent,
v.
Brendon Holder,
Appellant.
Motion for leave to appeal denied.
Jose Santiago,
Appellant,
v.
City of Rochester, et al.,
Respondents.
Motion for leave to appeal denied.
Michael Sawczyn et al.,
Appellants,
v.
Red Roof Inns, Inc.,
Respondent.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
In the Matter of Daggana Sillah,
et al.,
Respondents,
v.
Shahid Tanvir,
Appellant.
Motion for leave to appeal denied.
In the Matter of Patrick M.
Snyder,
Appellant,
v.
Third Department Judicial
Screening Committee,
Respondent.
Motion for leave to appeal denied.
St. Charles Hospital and
Rehabilitation Center,
Appellant,
v.
Royal Globe Insurance Company,
et al.,
Respondents,
Joseph Mulholland, &c., et al.,
Defendants.
Motion for leave to appeal denied with
one hundred dollars costs and necessary
reproduction disbursements.
State of New York,
Respondent,
v.
Margaret E. Dennin 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.
State of New York,
Respondent,
v.
Roger W. Neill,
Appellant.
Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
no substantial constitutional question
is directly involved.
In the Matter of John A.
Tartaglia, &c., a suspended
attorney.
Grievance Committee for the Ninth
Judicial District,
Respondent;
John A. Tartaglia,
Appellant.
Motion for leave to appeal denied.
In the Matter of the Claim of
Sarah Taylor, on Behalf of Donnie
Taylor Jr. et al., Infants,
Appellant,
v.
Aon Corporation, et al.,
Respondents.
Workers Compensation Board,
Respondent.
Motion for leave to appeal denied.
Judge R.S. Smith took no part.
In the Matter of Aaron Tyk,
Appellant,
v.
New York State Education
Department,
Respondent.
Appeal dismissed without costs, by the
Court sua sponte, upon the ground that
no substantial constitutional question
is directly involved.
In the Matter of United Water
New Rochelle, Inc.,
Respondent,
v.
James R. King, &c.,
Appellant.
Motion for leave to appeal denied.
In the Matter of Dean Wright,
Appellant,
v.
Glenn Goord, &c.,
Respondent.
Motion for leave to appeal denied.


In the Matter of Martin Wynyard,
et al., &c.,
Appellants,
v.
Rotraut L.U. Beiny, et al.,
Respondents,
The Antique Company of New York,
Inc.,
Intervening Petitioner.
Motion for leave to appeal denied.
In the Matter of Martin Wynyard,
et al., &c.,
Appellants,
v.
Rotraut L.U. Beiny, et al.,
Respondents,
The Antique Company of New York,
Inc.,
Intervening Petitioner.