Court of Appeals Decision List
Decided April 28, 2005
Cases
In the Matter of Blossom View Nursing Home, Appellant, v. Antonia C. Novello, M.D. &c. et al., Respondents.	Order reversed, with costs, proceeding converted to a declaratory judgment action and judgment granted declaring in accordance with the opinion herein. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
David G. Brown, Appellant, v. Athena D. Dunlap, Louis Saunders, Trucklease Corporation, E&S Foods and Gilberto J. Schasiepen, Respondents.	Order reversed, with costs, and defendants' motions for summary judgment denied. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Miguel Carrasco, Appellant, v. Aurora Mendez, Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Appellant, v. Faye Dunn, Respondent.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
In the Matter of the consider- ation of the suspension of Hon. Richard Guertin from the office of Judge of the Middletown City Court, Orange County, pursuant to New York State Constitution, Article 6, section 22, subd. (e) and Judiciary Law section 44, subd. 8(a).	On the Court's own motion, it is determined that the suspension of Hon. Richard Guertin from his office of Judge of the Middletown City Court, Orange County, imposed by order of this Court dated September 14, 2004, is hereby terminated. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People, &c. Respondent, v. Aaron J. Loren, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Scott Maybee d/b/a Smoke Signals, Appellant, v. State of New York, George E. Pataki, &c., et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge R.S. Smith. Judges Rosenblatt, Graffeo and Read concur. Chief Judge Kaye concurs in result in an opinion in which Judges G.B. Smith and Ciparick concur.
Anthony Pommells, Appellant, v. Francisco R. Perez, et al., Respondents.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
The People &c., Respondent, v. Joan Bongarzone-Suarrcy, 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.
Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents.	Motion by Clear Channel Communications, Inc. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Daniel Estrada, &c. et al., Appellants, v. Berkel Incorporated, et al., Respondents. (And A Third-Party Action).	Motion for leave to appeal denied.
In the Matter of Ravern H. and Kelly S. --------------------------------- Cayuga County Department of Health and Human Services, Respondent; Johanna H., Appellant.	Motion for leave to appeal denied.
Edward F. Hutton, Appellant, v. Alexis Hadasse Brink, also known as Linda Hadasse Abram, 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.
The People &c., Respondent, v. James Jacobs, 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.
Robert F. Kase, Appellant, v. City of Rochester, Respondent.	Motion for leave to appeal denied.
In the Matter of Michael L., Appellant. -------------------------------- Monroe County Attorney, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Elvis Lopez, 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.
Arthur Marlowe, et al., Appellants, v. Elmwood, Inc. et al., 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 Michael J. Marsala, Appellant, v. New York State and Local Employees' Retirement Systems et al., Respondents.	Motion for leave to appeal denied.
Daniel Mayer et al., Respondents, v. St. Mary's School, et al., Appellants.	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 Newsday, Inc., Respondent, v. State Department of Transporta- tion, Appellant.	Motion by Daily News, L.P., 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 Rose Mary Nickerson, Appellant; Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
In the Matter of Lasyah M. Palmer, &c., Appellant, v. New York State Department of Correctional 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. Motion for poor person relief dismissed as academic.
Stephanie Perell, Respondent, v. Clifford Krause, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Rent Stabiliza- tion of N.Y.C., Inc., et al., Appellants, v. A. Gifford Miller, &c., et al., Respondents, Cordell Cleare, et al., Intervenors-Respondents.	Motion for leave to appeal denied. Chief Judge Kaye took no part.
The People &c., Respondent, v. Linton C. Robinson, Jr., Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 denied as unnecessary and motion papers treated as a timely CPL 460.20 application.
The People &c., Appellant, v. Christopher Rodriguez, Respondent.	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 respondent on the appeal herein.
In the Matter of Sergio Schwartzman, Appellant, v. The Tax Appeals Tribunal of the City of New York, et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. Santos Suarez, 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., Appellant, v. Jason Williams, Respondent.	Motion by New York State Association of Criminal Defense Lawyers for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
The People &c., Appellant, v. Jason Williams, Respondent.	Motion by Legal Aid Bureau of Buffalo, Inc. and New York State Defenders Association for leave to join the amicus curiae brief previously filed by New York State Association of Criminal Defense Lawyers and to participate in oral argument on the appeal herein granted in each respect.
The People &c., Appellant, v. Jason Williams, Respondent.	Motion by District Attorneys Association of the State of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.