Court of Appeals Decision List
Decided December 22, 2005
Cases
The People &c., Respondent, v. Edwin Echevarria, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Trisha McPherson, Appellant.	On defendant's appeal from the order of the Appellate Division affirming the judgment of conviction and sentence as to murder in the second degree, order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the opinion herein. On defendant's appeal from the order of the Appellate Division affirming the order of Supreme Court denying defendant's CPL 440.10 motion, order affirmed. Opinion Per Curiam. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and R.S. Smith concur, Judges G.B. Smith, Rosenblatt and R.S. Smith in a separate concurring opinion. Judge Graffeo concurs in result in an opinion. Judge Read concurs in result in an opinion.
In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Bethlehem et al., Respondents.	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 Niagara Mohawk Power Corporation, Appellant, v. Town of Tonawanda Assessor, 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 Niagara Mohawk Power Corporation, Appellant, v. Town of Watertown et al., Respondents.	Order reversed, with costs, and matter remitted to Supreme Court, Jefferson County, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Norcott Corby, a/k/a Corby Norcott, Appellant.	Order affirmed. 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 and order a new trial in an opinion.
The People &c., Respondent, v. Santos Suarez, Appellant.	Order reversed and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the opinion herein. Opinion Per Curiam. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and R.S. Smith concur, Judges G.B. Smith, Rosenblatt and R.S. Smith in a separate concurring opinion. Judge Read concurs in result in an opinion. Judge Graffeo dissents and votes to affirm in an opinion.
Motions
In the Matter of Catherine Austin et al., Respondents, v. Susan Herbert, Appellant, et al., Respondents. (And Another Related Proceeding.)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Martin- Luther Baskerville, Jr., Appellant, v. Calvin E. West, as Superinten- dent of Elmira Correctional Facility, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Bear, Stearns & Co., Inc., Respondent, v. Enviropower, LLC., 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 Margaret A. Dowling, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Ecclesia Word Ministries International, Inc., Appellant, v. Patrick Brophy, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Kevin Elliott, Appellant, 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 Tyreek F. (Anonymous), also known as Joseph F. (Anonymous). Miracle Makers, Inc., Respondent; Audrey F. (Anonymous), Appellant; et al., Respondent. (Proceeding No. 1) --------------------------------- In the Matter of Tylasia Maryetta F. (Anonymous). Miracle Makers, Inc., Respondent; Audrey F. (Anonymous), Appellant; et al., Respondent. (Proceeding No. 2)	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Chief Judge Kaye took no part.
Gloria Green, Appellant, v. New York City Department of Education, Respondent.	Motion for reargument of motion for leave to appeal denied.
David A. Kayser, Respondent, v. Barbara Ann Kayser, 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.
The People &c. ex rel. Edward Koehl, Appellant, v. Gary Greene, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Parviz Lavi, Appellant, v. Old Cedar Development Corp., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
LPP Mortgage, Ltd., formerly known as Loan Participant Partners Ltd., Respondent, v. The Card Corp., Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
L&R Exploration Venture, et al., Respondents, v. Jack J. Grynberg, Appellant, Celeste C. Grynberg, &c., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Motion for a stay dismissed as academic.
Anthony Malloy, 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. Motion for poor person relief dismissed as academic.
In the Matter of Cathy M. Monroe County Department of Social Services, Respondent, Janet M., Appellant.	Motion for leave to appeal denied.
In the Matter of Rena Elaine M. (Anonymous). Shelter Arms Children's Service, Respondent, Roberta Ellen B. (Anonymous), also known as Roberta M. (Anonymous), Appellant, et al., Respondent, St. Dominic's Home, et al., Non-Party Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Betty O. Muka, Appellant, v. Judith F. O'Shea, as Administrative Judge, Sixth Judicial District, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
NYCTL 1997-1 Trust &c., Respondent, v. Gerard T. Goonan, Appellant, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
Norman Ostrin, Appellant, v. Saint Moris Corp. et al., Respondents.	Motion for leave to appeal denied.
Kelley Potter, Appellant, v. Jeanne C. Berlin, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Tomaz Mendes Regatos, Respondent, v. North Fork Bank and New Commercial Bank of New York, Appellants, North Fork Bancorporation, Defendant.	Motion for reargument denied.
Retropolis, Inc., Appellant, v. 14th Street Development LLC, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Donald S. Ross, Appellant, v. Nestle Prepared Foods Company, Inc., Respondent, 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.
George William Sheahan, Appellant, v. Wayne Maston and Susan Maston, Respondents.	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 E. Lisa Tang, an Attorney. Committee on Professional Standards, Respondent, E. Lisa Tang, Appellant.	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 William Travis, &c., Respondent, v. Mayor Anthony M. Masiello, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Joseph Van Houten, Appellant, v. Alan G. Hevesi, as State Comptroller, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ronald York, Respondent, v. St. Mary's R.C. Church at Manhasset, &c., Defendant, Competition Glass, Inc., 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.