Court of Appeals Decision List
Decided October 25, 2005
Cases
In the Matter of Beechwood Restorative Care Center, et al., Appellants, Smith v. John Signor, as Records Access Appeals Officer of New York State Department of Health, et al., Respondents.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
The People &c., Respondent, v. Felix Gomez, Appellant.	Order reversed and case remitted to the Appellate Division, First Department, for consideration of issues raised but not determined on the appeal to that court. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo and R.S. Smith concur. Judge Read dissents in an opinion.
Christopher Hiraldo, &c., et al., Appellants, v. Allstate Insurance Company, Respondent. et al., Defendants.	Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Red Hook/ Gowanus Chamber of Commerce, Appellant, v. New York City Board of Standards and and Appeals, et al., Respondents.	Order reversed, with costs, and matter remitted to Supreme Court, Kings County, for further proceedings in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges Ciparick, Rosenblatt, Graffeo and Read concur. Judge G.B. Smith dissents in an opinion in which Judge R.S. Smith concurs.
The People &c., Respondent, v. Robert Shulman, Appellant.	Judgment modified by vacating the sentence imposed upon the conviction of murder in the first degree and remitting to County Court, Suffolk County, for resentencing in accordance with CPL 470.30(5)(c) and Penal Law 60.06 and 70.00(5) and, as so modified, affirmed. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
In the Matter of Kirk V., A Child Under the Age of Eighteen Years, &c. First Providencia V., et al., Respondents, Commissioner of the Administration for Children's Services, and Appellant.	On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and matter remitted to the Appellate Division, First Department, for consideration of the appeal to that court, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
Bates Advertising USA, Inc., Respondent, v. 498 Seventh, LLC, Appellant.	Motion for leave to appeal granted.
In the Matter of Boston Culinary Group, Inc., Formerly Known as Boston Concessions Group, Inc., Appellant, v. New York State Olympic Regional Development Authority, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Paul Clark, &c., Appellant, et al., Plaintiff, v. County of Nassau, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Charles Cummings, Appellant.	Motion for leave to appeal denied.
In the Matter of Bruce S. Cybul, et al., Appellants, v. Village of Scarsdale, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
D.R. Watson Holdings, LLC et al., Respondents, v. 85 Caliber One Indemnity Company, 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 (see, Burke v Crosson, 85 NY2d 10, 18 n 5 [1995]).
Data-Track Account Services, Inc., et al., Respondents, v. Curtis W. Lee, 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 Frank Engler, Respondent, v. United Parcel Service et al., Appellants. Workers' Compensation Board, Respondent.	Motion for reargument of motion for leave to appeal denied.
Coleen Fertitta, &c., et al., Appellants, v. August Pagano, et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
520 East 81st Street Associates, Appellant, v. The State of New York, Respondent.	Motion for leave to appeal denied. Judges Graffeo and Read took no part.
In the Matter of Gregory Frederick, Appellant, v. Glenn S. Goord, &c. et al., Respondents.	Motion for leave to appeal denied.
Jessica L. Friedrich, as Administrator of the Estate of Ruth Anne White, Deceased, Appellant, v. Crystal Run Healthcare, LLP, et al., Defendants, Joanne Livote, Respondent. (And Another Related Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
John J. Fumo, Jr. et al., Appellants, v. NAB Construction Corporation, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Graffeo took no part.
The People &c., Respondent, v. Joseph Gambetta, Appellant.	Motion for leave to appeal denied.
In the Matter of George Gibson, Respondent, v. Howard L. Gleason Jr., as Assessor of the Town of Stuyvesant, Appellant. (And Another Related Proceeding.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Alberto Green, Appellant, v. Glenn S. Goord, &c., 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. Motion for poor person relief dismissed as academic.
In the Matter of Marc Greenberg, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal granted.
Gui's Lumber & Home Center, Inc., order Appellant, v. Mader Construction Co., Inc. 824 et al., Respondents.	Motion insofar as it seeks leave to appeal from the Appellate Division order that dismissed the complaint, 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 orders that denied reargument and leave to appeal to this Court, dismissed upon the ground that such orders do not finally determine the action within the meaning of the Constitution.
In the Matter of Matthew Hall, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal dismissed upon the ground that movant is not a party aggrieved (see, CPLR 5511). Motion for poor person relief dismissed as academic.
In the Matter of Derrick Hamilton, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Carl Jackson, 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.
Neil P. Jacobs et al., Respondents, v. James Kent, 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 Phillip Jean- Laurent, Appellant, v. William Erlbaum, &c., et al., Respondents.	Motion for leave to appeal denied.
Eric R. Johnson, M.D., Appellant, v. Lakeside Memorial Hospital, Respondent, et al., Defendant.	Motion for leave to appeal denied.
In the Matter of Landmark West! et al., Appellants, v. Amanda M. Burden, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
David Levy, Appellant, v. Cheryl H. Grandone, Respondent.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Tamar Loper, Appellant, v. Gary Greene, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Gina Mancini, appeal Appellant.	Motion for assignment of counsel granted and David C. Schopp, Esq., The Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, NY, 14203 assigned as counsel to the appellant on the appeal herein.
Fabian Martinez, &c., et al., Appellants, v. County of Suffolk, Respondent, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
New Jerusalem (West) et al., Appellants, v. New York State Electric & Gas, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Town of Niagara, Appellant, v. City of Niagara Falls, Respondent, School District of City of Niagara Falls, Intervenor-Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Nyack Hospital, as Assignee of John Watson, Respondent, v. Metropolitan Property & Casualty Insurance Company, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Geraldine Pauling, Appellant, v. Orentreich Medical Group, et al., Respondents, Allen M. Epstein, M.D., et al., Defendants.	Motion to vacate award of costs and disbursements denied.
Giacinto V. Pira, Appellant, v. Sterling Equities, Inc., d/b/a New York Metropolitans, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Marie Pizzimenti, et al., Appellants, v. Cathie Henn et al., Defendants, Tops Markets, Inc., &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jason S. Planck, Appellant, v. SUNY Board of Trustees, et al., Respondents.	Motion, insofar as it seeks leave to appeal as against Schenectady County, 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 Tyrone Powell, Appellant, v. E.F. Bernhardt, Esq., Records Access Appeals Officer, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from Supreme Court's order denying reargument, dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Cynthia Pugh, Appellant, v. New York State Board of Parole et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Sarika Rampersad, &c. et al., Appellants, v. New York City Transit Authority et al., Respondents.	Motion for leave to appeal denied.
Joshua Rivera, &c. et al., Respondents, v. 4064 Realty Co., Appellant. (And a Third-Party Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Samuel Schwartz, &c. Appellant, v. Chatchavan Suebsanguan, Defendant, Gordon D. Lutchman, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
The People &c., Respondent, v. Juan Serrano, 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.
Heather Sherman, Individually and as Administrator of the Estate of Beverly Withey, Deceased, Appellant, v. County of Cortland, Respondent. (Action No. 1) --------------------------------- Shirley Withey, as Guardian of Melissa Sherman, an Infant, Appellant, v. County of Cortland, Respondent. (Action No. 2) --------------------------------- (And A Third-Party Action.)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Julie H. Silberman, Appellant. Memorial Sloan-Kettering Cancer Center, Respondent, Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Richard Stone, Appellant, v. Norman Stone, Respondent, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Sandro Thomassini, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, 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 Violet Realty, Inc., Appellant. v. City of Buffalo Planning Board, et al., Respondents. ------------------------------- In the Matter of Violet Realty, Inc., Appellant. v. City of Buffalo Planning Board, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Debra Walker, Appellant, v. State University of New York (Upstate Medical University) et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
People, &c., Respondent, v. Tony Williams, also known as Paul McMillen, Appellant.	Motion for leave to appeal denied.