Court of Appeals Decision List
Decided August 25, 2005
Cases
Edward C. King, Appellant, v. Lawrence A. Fox, Respondent.	Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Police Officers Ron Bensoy, &c., et al., Petitioners, James Ivaliotis, &c., Appellant, v. Raymond Kelly, as Police Commis- sioner of the City of New York, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Best Payphones, Inc., Appellant, v. Department of Information Technology and Telecommunications of City of New York, Respondent.	Motion for reargument denied.
The People &c., Respondent, v. Yolanda Billingslea, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
The People &c., Respondent, v. John Boyer, 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.
The People &c., Respondent, v. Bartolome Brito, Appellant.	Motion to waive certain requirements of this Court's Rules of Practice &c. denied. The appeal may, however, be prosecuted upon a copy of the reproduced record used at the Appellate Division and 20 copies each of appellant's Court of Appeals brief and appendix pursuant to section 500.5 (a)(2) of this Court's Rules of Practice.
The People &c., Respondent, v. Trevor Burns, 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.
The People &c., Respondent, v. Tammar Cancer, 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.
In the Matter of Starasia C., &c. Naomi J., Appellant; Administration for Children's Services/Harlem Dowling West Side Center for Children and Family Services, 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.
Commissioners of the State Insurance Fund, Respondent, v. Beyer Farms, Inc., et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Floyd Cowart, 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.
CWM Chemical Services, L.L.C., Appellant, v. Arthur J. Roth, &c., et al., Respondents.	Motion for stay relief denied.
The People &c., Respondent, v. James Devonish, 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 respondent on the appeal herein.
The People &c., Respondent, v. Neron Dozier, 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.
Michael Driscoll, Appellant, v. Neyda DeLarosa, Respondent.	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.
Duane Reade, Inc., Appellant, v. Local 338 Retail, Wholesale, Department Store Union, UFCW, AFL-CIO, et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the dismissal of the complaint, denied; motion for leave to appeal otherwise dismissed upon the ground that the remainder of the Appellate Division order does not finally determine the action within the meaning of the Constitution.
The People &c., Respondent, v. Edwin Echevarria, Appellant.	Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.
In the Matter of John P. Fernandez, Appellant, v. New York State and Local Retirement Systems et al., Respondents.	Motion for leave to appeal denied.
Heidi Garofalo, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
God's Battalion of Prayer Pentecostal Church, Inc., Appellant, v. Miele Associates, LLP, Respondent.	Motion for leave to appeal granted.
The People &c., Respondent, v. Jethro H. Gosdin, Appellant.	Motion for an extension of time within which to apply for permission to appeal pursuant to CPL 460.20 dismissed upon the ground that no application for leave to appeal pursuant to CPL 460.20 will lie from an order of a single justice of the Appellate Division denying leave to appeal to that court pursuant to CPL 460.15.
Charles Green, Appellant, v. Liberty Mutual Insurance Company Trust, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Deborah Hand, Appellant, v. Martin N. Silberman, et al., Respondents.	Motion for leave to appeal denied.
Christopher Hiraldo, &c., et al., Appellants, v. Allstate Insurance Company, Respondent.	Motion by Property Casualty Insurer Association of America et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Nathaniel II., et al., Alleged to be Abused and/or Neglected Children. Chemung County Department of Social Services, Respondent; Lawrence JJ., Appellant.	Motion for leave to appeal denied.
In the Matter of Shondel J., Respondent, v. Mark D., Appellant.	Motion for leave to appeal granted.
Jeseentha Joy, as Administratrix &c. of Joy Antony, Deceased, et al., Appellants, v. City of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Keith A. Kemp Sr., Respondent, v. Sharon M. Kemp, Appellant. (And Another Related Proceeding.)	Motion for leave to appeal denied.
Lakeview Woods Estates, Inc., Appellant, v. Lakeshore Woods, Ltd., et al., Defendants. --------------------------------- Donald O. Argy, Jr., et al., Intervenors-Respondents.	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 Stephen M. Larberg, Appellant, v. Alan G. Hevesi, as State Comptroller et al., Respondents.	Motion for leave to appeal denied.
Judith Lipton, as Administratrix of the Estate of Dr. Terry David Lipton and Judith Lipton, individually, Respondent, v. New York City Transit Authority, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Allen Mack, Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Carl G. Mann, Respondent, v. Meridian Centre Associates, 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 Jonathan M., &c. Janine M., Appellant, Joseph M., Respondent, The Children's Village, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.
The People &c., Respondent, v. Trisha McPherson, Appellant.	Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
Wilbur McReynolds, Appellant, v. City of New York, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Neal Milano, Appellant, v. The New York City Taxi and Limousine Commission, Respondent.	Motion for leave to appeal denied.
In the Matter of Mohammad Naroor, et al., Respondents, v. Rizwan Gondal, et al., Appellants, Charles Schwab & Co., Inc., Respondent. (And Another Proceeding.)	Motion for reconsideration of this Court's June 30, 2005 dismissal order denied. Motion for poor person relief dismissed as academic.
In the Matter of New York City Asbestos Litigation. --------------------------------- Elizabeth Holdampf, et al., Respondents, v. A.C. & S., Inc., et al., Defendants, The Port Authority of New York and New Jersey, Appellant.	Motion by Asbestos Disease Awareness Organization, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Respondent, v. Winston Nicholson, 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.
Ocwen Federal Bank FSB, f/k/a Berkeley Federal Bank & Trust FSB, Respondent, v. Jeffrey Miller et al., Appellants, 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.
In the Matter of Jerry Peck, Respondent, v. Village of Gouverneur, Appellant. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Gilberto Silva, Appellant.	Motion for reargument and/or to amend this Court's remittitur dismissed as untimely.
Barbara Purpura, Respondent, v. Nicholas E. Purpura, Appellant.	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 appellant's motion to vacate, 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. Motion for poor person relief dismissed as academic. Motion for a preference dismissed as academic.
Dimitrios Jim Ressis, Appellant, v. Paloma A. Capanna, Esq. et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Motion for a stay dismissed as academic.
Jose Rodrigues et al., Plaintiffs, v. N & S Building Contractors, Inc., Appellant, et al., Defendant, Caldas Concrete Company, Inc. et al., Third-Party Respondents.	Motion by New York State Builders Association, Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Richard B. Sachs, Respondent, v. Katayone Adeli, Appellant, Sean P. Barron, et al., Defendants.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Abdullah Y. Salahuddin, Appellant, v. Brion D. Travis, as Chair of the Board of Parole, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c. ex rel. Theodore Simpson, Appellant, v. Gary Greene, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
The People &c., Respondent, v. Richard Skervin, 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.
The People &c., Respondent, v. Rohan Skervin, 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.
In the Matter of Alan J. Stasinski, Appellant, v. Brion Travis, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Justice T. and Justin T. -------------------------------- Erie County Department of Social Services, Respondent; Felisa T., Appellant.	Motion for leave to appeal denied.
T.M. Bier & Associates, Inc., Appellant, v. John Piraino, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Mikel Wardlaw, 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 14203-2723 assigned as counsel to the appellant on the appeal herein.
Pamela Weadick, et al., Appellants, v. Carol Anne Herlihy, et al., Defendants, Kellner, Chehebar & Deveney, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Jeremy Weese, A Minor, by His Mother, Kathleen Weese, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Raymond P. Wirth, deceased. Drexel University, Respondent, Raymond P. Wirth, Jr., &c., et al., Appellants.	Motion by Allegheny College, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Respondent, v. Marquis Wright, 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.
In the Matter of Rebecca X., Alleged to be a Neglected Child. St. Lawrence County Department of Social Services, Respondent; Carl X., Appellant. (And Two Other Related Proceedings.)	Motion for leave to appeal denied.
The People &c., Respondent, v. Nicholas Zimmerman, 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.