Court of Appeals Decision List
Decided February 22, 2005
Cases
Douglas Boles, et al., Plaintiffs, v. Dormer Giant, Inc., d/b/a Dormers Are Us, Appellant, Personal Touch Home Improvements, Inc., Third-Party Respondent.	Order reversed, with costs, and third- party defendant's motion for summary judgment dismissing the third-party complaint denied. Opinion by Judge Read. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo and Smith concur. Judge Rosenblatt took no part.
Wende C. and David C. (Anonymous), Appellants, v. United Methodist Church, New York West Area, Defendant, Western New York Conference of United Methodist Church, et al., Respondents.	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 in part in an opinion.
The People &c., Respondent, v. James Combest, Appellant.	Order reversed and a new trial ordered. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith dissents in part and votes to reverse and remit to Supreme Court for further proceedings in an opinion.
In the Matter of the consideration of the suspension of Hon. Michael H. Feinberg, Surrogate of Kings County, pursuant to New York Constitution, Article 6, section 22, subd. e and g, and Judiciary Law section 44, subd. 8(a) and (c).	On the Court's own motion, it is determined that Hon. Michael H. Feinberg is suspended with pay, effective immediately, from the office of Surrogate of Kings County, pending disposition of his request for review of a determination by the State Commission on Judicial Conduct. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Hon Fui Hui, Appellant, v. East Broadway Mall, Inc., Respondent.	Order reversed, with costs, and defendant's motion for summary judgment denied, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Anthony Ramirez, Respondent, v. New York State Division of Human Rights, Appellant, Aladdin Laminating, Inc., Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
In the Matter of Thomas Von Essen, &c., et al., Respondents, v. New York City Civil Service Commission, Respondent, Robert Joel, Appellant.	Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
In the Matter of Tracey Ann A. (Anonymous). Administration for Children's Services, Respondent; Hubert E. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Kenry Ann E. (Anonymous). Administration for Children's Services, Respondent; Hubert E. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied.
In the Matter of American International Insurance Company, &c., Appellant, v. Katherine Dibua, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of American Legion Post #112, Appellant, v. Zoning Board of Appeals of the Town of Mount Pleasant, New York, Respondent.	Motion for leave to appeal denied.
Ronald Anderson, Plaintiff, Angel Cordero, Appellant, v. W. Theodore Hill, et al., Respondents.	Appeal, insofar as taken from the November 2004 order of the Appellate Division denying reargument or leave to appeal to this Court, dismissed without costs, by the Court sua sponte, upon the ground that such order does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
AG Capital Funding Partners, L.P. et al., Plaintiffs, v. State Street Bank and Trust Company, Third-Party Appellant, v. Salomon Smith Barney Inc., et al., Third-Party Respondents.	Motion for leave to appeal granted.
In the Matter of Margaret Baum- Mercado, Appellant, v. David Renzaneth, Respondent.	Motion for leave to appeal denied.
Steven Boulukos, et al., Plaintiffs, v. 213 P.A.S., L.L.P., Defendant. (And A Third-Party Action). --------------------------------- 213 P.A.S., L.L.P., Second Third-Party Respondent, v. City Scaffolding Corp., Second Third-Party Appellant.	Motion for leave to appeal dismissed upon the ground that the judgment sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Baby Boy (Brendan) C. and Dylan C. --------------------------------- Erie County Department of Social Services, Respondent; Robert T., Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Mary Carroll, Appellant, v. Ron Scott, Respondent.	Motion for leave to appeal denied.
In the Matter of Niena Cooper- Winfield, Respondent, v. Herman Gary, Appellant.	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 Niena Cooper- Winfield, Respondent, v. Herman Gary, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Peter Donahue, et al., Appellants, v. Ferolito, Vultaggio & Sons, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Laney Jones, &c., Appellant, v. City of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Gene Koehnlein et al., Appellants, v. Edward C. Jackson, Jr., &c., et al., Respondents.	Motion for leave to appeal denied.
Joseph F. McCarthy, Appellant, v. Patricia J. McCarthy, Respondent.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed that part of Supreme Court's order that awarded counsel fees to respondent, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the Appellate Division order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Motion for a stay dismissed as academic.
In the Matter of the City of New York, et al., Appellants, v. The New York City Civil Service Commission, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Kerry O., Caitlin O. and David O. --------------------------------- Erie County Department of Social Services, Respondent; Timothy O., Appellant.	Motion for leave to appeal denied.
In the Matter of Aneudis Perez, et al., Appellants, v. The City University of New York, et al., Respondents.	Motion for leave to appeal granted.
Christopher Rowe, &c., Appellant, v. Board of Education of City of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Tokio Marine and Fire Insurance Co., Ltd., &c., et al., Respondents, v. Angelo Borgia, et al., Appellants, et al., Defendant.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal from Supreme Court's order denying appellants' motion to renew, dismissed upon the ground that such portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Sanel V. (Anonymous). Administration for Children's Services, Respondent; Sefija V. (Anonymous), Respondent, Murdija V. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Dilaela V. (Anonymous). Administration for Children's Services, Respondent; Murdija V. (Anonymous), Appellant, Sefija V. (Anonymous), Respondent. (Proceeding No. 2)	Motion for leave to appeal granted.