Court of Appeals Decision List
Decided November 22, 2005
Cases
The People &c., Respondent, v. Alvaro Carvajal, Appellant.	Order affirmed. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith dissents in an opinion.
Estelle Gilson, et al., Appellants, v. Metropolitan Opera, Respondent, et al., Defendants.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Rosenblatt, Graffeo, Read and R.S. Smith concur. Judge G.B. Smith dissents and votes to reverse in an opinion.
The People &c., Respondent, v. James Robbins, Appellant.	Order affirmed. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Marco Srour, Appellant, v. Dwelling Quest Corp., Respondent.	Order reversed, with costs, order of the Appellate Term, First Department, reinstated, and certified question not answered upon the ground that it is unnecessary, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of the Estate of Raymond P. Wirth, Deceased. Drexel University, Respondent, Raymond P. Wirth, Jr., et al., Appellants.	Order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
Astoria Federal Savings & Loan Association, Respondent, v. Nong Yaw Trakansook, &c., Appellant, 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.
Best Sound and Security, Inc., Appellant, v. New York City Police Department, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal from Supreme Court's December 2003 order and reversed Supreme Court's March 2004 order, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Kevin Patrick Brady, Appellant, v. Hon. Thomas M. Van Strydonck, &c., et al., Respondents. --------------------------------- In the Matter of Kevin Patrick Brady, Appellant, v. Hon. Stephen R. Sirkin, &c., et al., Respondents. --------------------------------- In the Matter of the People of the State of New York by Eliot Spitzer, &c., Respondent, v. Kevin Patrick Brady, Appellant.	Motion, insofar as it seeks leave to appeal from the orders of Presiding Justice Pigott, dismissed upon the ground that no appeal lies to this Court from an order of an individual justice of the Appellate Division (NY Const, art VI, 3[b]; CPLR 5602); motion, insofar as it seeks leave to appeal from the May 2005 Appellate Division order, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Nicholas De Matteis, Appellant, v. Donald Selsky, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Warren Richard Follum, Sr., Appellant, v. Joyce Ann Follum, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Douglas Granillo, Respondent, v. Donna Karen Co., Defendant, Richter & Ratner Contracting Corp. et al., Appellants. --------------------------------- Donna Karen Co., Third-Party Plaintiff, Richter & Ratner Contracting Corp. et al., Third-Party Appellants, v. All City Interior Contracting, Inc., Third-Party Respondent.	Motion, insofar as it seeks leave to appeal as against Douglas Granillo, dismissed upon the ground that as to that party the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Joseph H. Gray, Appellant, v. Commissioner of Taxation and Finance 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.
Hudson River Park Trust, Respondent, v. Basketball City USA, 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.
In the Matter of Michenella I., &c. Bonnie I., Appellant, Seamen's Society for Children and Families, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Daniel Karlin, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Daniel Karlin, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Vladimir Keselman, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, 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 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 to dismiss the appeal herein granted and appeal dismissed as moot. Chief Judge Kaye and Judge Read took no part.
Matrix Financial Services Corporation, Respondent, v. Peter G. McKiernan, Appellant, 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.
Elizabeth Melnitzky, Respondent, v. Michael Melnitzky, Appellant.	Motion for leave to appeal denied.
In the Matter of M.K.A. Realty, Inc., Respondent, v. Jeanne Gervasi, &c. et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Chad Ofiara, Appellant, v. Nike, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Andrew K. Palmer, Respondent, v. State University of New York Upstate Medical University et al., Appellants, Research Foundation of New York et al., Respondents. Workers' Compensation Board. Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Nick Pavlou et al., Appellants, v. The City of New York, Respondent, Simon-Ro Corporation, Defendant/Third-Party Plaintiff, v. Felix Industries, Inc. Third-Party Defendant/Respondent. (And Another Action.)	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the two-justice dissent is not on a question of law (CPLR 5601[a]).
Jose Pizarro, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied.
In the Matter of Kristina R. (Anonymous). Administration for Children's Services, Respondent; Margarita B. (Anonymous), Respondent, Joseph B. (Anonymous), Appellant. --------------------------------- In the Matter of Nelson R. (Anonymous). Administration for Children's Services, Respondent; Margarita B. (Anonymous), Respondent, Joseph B. (Anonymous), Appellant. --------------------------------- In the Matter of Migdalena T. (Anonymous). Administration for Children's Services, Respondent; Margarita B. (Anonymous), Respondent, Joseph B. (Anonymous), Appellant.	Motion for leave to appeal denied.
The People &c. ex rel. Justo Richards, Appellant, v. Calvin West, &c., Respondent. -------------------------------- In the Matter of Justo Richards, Appellant, v. Calvin West, &c., Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceedings 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 proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Dorothy Shivers, Appellant, v. Steven Siegel, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Sikorska Eleonora (Eleonora Sikorska), Appellant, v. New York State Office of Temporary and Disability Assistance, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of State Farm Mutual Automobile Insurance Company, Respondent, v. Lisa M. Lucano, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Timothy J. Taylor, Appellant, v. State of New York, 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.
In the Matter of Darren G. Trojcak, Respondent, v. Valiant Millwrighting and Warehousing, Inc., Appellant, First Central Insurance Company, Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Kenn Viselman, Appellant, v. The Itsy Bitsy Entertainment Company, Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Alfred Wade et al., Appellants, v. Village of Whitehall et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Wen Zong Yu, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no civil appeal lies from the order entered in this criminal action (NY Const, art VI, 3[b]; CPLR 5601).