Court of Appeals Decision List
Decided March 24, 2005
Cases
The People &c., Respondent, v. Randolfo Catu, Appellant.	Order reversed and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The City of New York, Respondent, v. Verizon New York, Inc., et al., Appellants.	Order reversed, with costs, defendants' motion to dismiss the complaint granted and certified question answered in the negative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo and Read concur. Judge R.S. Smith took no part.
In the Matter of Diamond Waterproofing Systems, Inc., Appellant, v. 55 Liberty Owners Corp., Respondent.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of Blanche D. Hunter, deceased. Chase Manhattan Bank, &c., Respondent, Judith Chinello, &c., et al., Appellants.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Charles Reginald Montgomery, Jr., Appellant, v. Federal Express Corporation, et al., Respondents, v. Universal Services Group, Ltd., Third-Party Defendant, Fortune Interior Dismantling Corp., Third-Party Respondent.	On review of submissions pursuant to section 500.4 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 The New York Times Company, et al., Appellants-Respondents, v. City of New York Fire Department, Respondent-Appellant, Catherine T. Regenhard, et al., Intervenors-Appellants.	Order modified, without costs, by remitting to Supreme Court, New York County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge R.S. Smith. Judges G.B. Smith, Graffeo and Read concur. Judge Rosenblatt dissents in part in an opinion in which Chief Judge Kaye and Judge Ciparick concur.
The People &c., Respondent, v. Kenneth Smith, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Motion by New York Association of Homes and Services for the Aging for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Bosco, Bisignano & Mascolo, Esqs., LLP, Respondent, v. Galina Aileen Turyan, Appellant.	Motion for reargument of motion for leave to appeal denied.
The People &c., Respondent, v. Robert Brown, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Sophie Cahen-Vorburger, Respondent, v. Jean-Louis Vorburger, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Charles Curbelo C., a/k/a Charlie C., A Dependent Child Under 18 Years of Age. The Children's Aid Society, Respondent, Wilfredo, C., Respondent, Angela C., Appellant. ----------------------- Monica Drinane, Esq., Law Guardian for the Child.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Charles Curbelo C., a/k/a Charlie C., A Dependent Child Under 18 Years of Age. The Children's Aid Society, Respondent, Wilfredo, C., Appellant, Angela C., Respondent. ----------------------- Monica Drinane, Esq., Law Guardian for the Child.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Evangelia Caran, Appellant, v. Hilton Hotels Corporation, et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
The Council of the City of New York, et al., Petitioners, Lawrence Hanley, &c., Appellant, v. Rudolph Giuliani, &c., et al., Respondents.	Motion for leave to appeal denied.
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Motion by New York State Bar Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief may be served and 20 copies filed within 10 days.
In the Matter of Peter Diorio, Appellant, v. City of Peekskill Common Council, Respondent.	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 and is not an order of the type provided for in CPLR 5602(a)(2).
Joseph Frank and Karen Frank, Appellants, v. Town of Western, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Andrew Goldstein, Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
In the Matter of Frances T. Gully, Appellant. Commissioner of Labor, Respondent.	Motion for reconsideration, treated as a motion for reargument of appellant's motion for leave to appeal, denied.
In the Matter of Nathaniel Jackson, Appellant, v. Joseph Smith, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.	Motion for leave to appeal denied.
Kevin Johnson, Appellant, v. LBM Construction, Inc., et al., Respondents. --------------------------------- (And two third-party actions).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of KSLM-Columbus Apartments, Inc., Respondent, v. New York State Division of Housing and Community Renewal, Appellant, Westgate Tenants Association, et al., Appellants.	Motion by New York State Tenants & Neighborhood Coalition, Inc., et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of KSLM-Columbus Apartments, Inc., Respondent, v. New York State Division of Housing and Community Renewal, Appellant, Westgate Tenants Association, et al., Appellants.	Motion by Community Service Society of New York, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Craig Lewis, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
In the Matter of Metro Enviro Transfer, LLC, Appellant, v. Village of Croton-On-Hudson, et al., Respondents.	Motion by New York Conference of Mayors and Municipal Officials for leave to file a brief amicus curiae on the appeal herein granted. Three copies of the brief may be served and 20 copies filed within 10 days.
In the Matter of Theresa Mooring, Appellant, v. American Airlines et al., Respondents. Workers' Compensation Board, Respondent.	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.
The People &c., Respondent, v. Corby Norcott, &c., Appellant.	Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
In the Matter of George Pantelidis, Respondent, v. New York City Board of Standards and Appeals, et al., Appellants, Joseph E. Sheehan, et al., Intervenors-Appellants.	Motions 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 and is not an order of the type provided for in CPLR 5602(a)(2).
The People &c., Respondent, v. Kenneth J. Paulman, Appellant.	Motion for assignment of counsel granted and John E. Tyo, Esq., c/o Zimmerman & Tyo, 6 East Main Street, P.O. Box 7, Shortsville, NY 14548 assigned as counsel to the appellant on the appeal herein.
The People &c. ex rel. Frank Sacco, Appellant, v. Gary Greene, &c., Respondent.	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. Motion for poor person relief dismissed as academic.
The People &c. ex rel. James Sailor, a/k/a Leroy Cooper, Appellant, v. Brion D. Travis, &c., et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. James Sailor, a/k/a Leroy Cooper, Appellant, v. Brion D. Travis, &c., et al., Respondents.	Motion for leave to appeal denied.
Vivian Scarangella, &c., et al., Respondents, v. Anthony Laborde, a/k/a Abdul Majid, Appellant; Eliot Spitzer, &c., Intervenor-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 the Estate of Sam Seelig, Deceased. Edwin Field et al., as Executors of the Estate of Sam Seelig, Deceased, Respondents; CGH Foundation, Inc., et al., Respondents, Rose and Sam Seelig Charitable Trust, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by Beth Israel Medical Center, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by New York City Health and Hospitals Corporation for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by Combined Coordinating Council, Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by Medical Society of the State of New York et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by New York State Trial Lawyers Association, Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Jo'Ell Sheppard-Mobley, &c., et al., Respondents, v. Leslie King, &c., et al., Appellants.	Motion by New York and Presbyterian Hospital, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Walter Silverman, Appellant, v. Carvel Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Appellant, v. Andrew H. Van Buren Respondent. --------------------------------- The People &c., Appellant, v. Mary B. Jeanniton, Respondent.	Motion by City of New York for leave to participate in oral argument on the appeals herein granted.
The People &c., Appellant, v. Andrew H. Van Buren Respondent. --------------------------------- The People &c., Appellant, v. Mary B. Jeanniton, Respondent.	Motion by Eliot Spitzer, Attorney General of the State of New York, for leave to file a brief amicus curiae on the appeals herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Luis Villanueva, Appellant.	Motion for leave to appeal denied.
John Williams et al., Respondents-Appellants, v. Pelican Pest Control, Inc., Appellant-Respondent.	Motions for leave to appeal denied.
In the Matter of Larry Williams, Appellant, v. Brion D. Travis, &c., 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.