Court of Appeals Decision List
Decided March 29, 2005
Cases
The People &c., Respondent, v. Derek Andrades, Appellant.	Order affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Moses Flores, Plaintiff, v. The Lower East Side Service Center, Inc., Third-Party Appellant, v. Procida Realty and Construction Corp., Third-Party Respondent.	Order reversed, with costs, third-party defendant's motion for summary judgment denied, third-party plaintiff's motion for summary judgment on its cause of action for contractual indemnification granted and case remitted to Supreme Court, Bronx County, for further proceedings in accordance with the opinion herein. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
In the Matter of Thomas L. Huckaby, Appellant, v. New York State Division of Tax Appeals, Tax Appeals Tribunal, et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges Rosenblatt and Graffeo concur. Judge R.S. Smith dissents and votes to reverse in an opinion in which Judges G.B. Smith and Ciparick concur.
John Slate, Respondent, v. Schiavone Construction Company, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
South Road Associates, LLC, Appellant, v. International Business Machines Corporation, Respondent.	Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Graffeo, Read and R.S. Smith concur. Judge Rosenblatt took no part.
State Farm Mutual Automobile Insurance Co., Appellant, v. Robert Mallela, et al., Respondents.	Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in the negative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Bedros Yavru-Sakuk, Appellant.	Order modified by remitting to Criminal Court of the City of New York, Queens County, for further proceedings in accordance with the memorandum herein and, as so modified, affirmed. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Lugman Abdullah, Appellant, v. Edward R. Donnelly, &c. 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 proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
Vincent Ciampaglione, et al., Respondents, v. Russell Urban-Mead, Appellant.	Motion for leave to appeal denied. Judge R.S. Smith took no part.
In the Matter of Community Network Service, Inc., Appellant, v. New York State Department of Public Service et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Jennifer Constance, Respondent, v. Stephen L. Myers, Appellant.	Motion for leave to appeal denied.
Stephen Dibbs, Appellant, v. John Mulholland, &c., et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Patrick J. Donahue, Respondent, v. Kathleen M. Morichelli, formerly known as Kathleen M. Donahue, Appellant.	Motion for continuation of stay denied.
In the Matter of Patrick J. Donahue, Respondent, v. Kathleen M. Morichelli, formerly known as Kathleen M. Donahue, Appellant.	Motion for leave to appeal denied.
Executive Towers at Lido, LLC, et al., Appellants-Respondents, Angelo Paladino, et al., Plaintiffs, v. City of Long Beach, et al., Respondents-Appellants.	Motions for leave to appeal denied.
The People &c., Respondent, v. Jerome Foster, Appellant.	Motion for leave to appeal denied.
Ann M. Gaydos, et al., Appellants, v. Fred Muhlbauer, a/k/a Frederick W. Muhlbauer, et al., Respondents. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Robert Gray et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Seaboard Securities, Inc., et al., Respondents.	Motion by Investor Rights Project of Albany Law School's Clinical Studies Program for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Robert Gray et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Seaboard Securities, 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 Shawn Green, Appellant, v. Judith Hard, as Court of Claims Judge, 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.
Niki Hatzis et al., Appellants, v. Martin Belliard et al., Respondents. (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Monika Heilbut, Respondent, v. Francis Heilbut, 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.
J & K Plumbing & Heating Company, Respondent, v. William H. Lane, Inc., Appellant, Nelson Electrical Corporation, Respondent, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Marina Lanc, Appellant, v. Michael Donnelly, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Legion of Christ, Incorporated, Respondent, v. Town of Mount Pleasant, &c., et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Xao He Lu, Appellant, v. Steven B. Ross, &c., Respondent.	Appeal, insofar as taken from the Appellate Division order denying appellant's motion for reconsideration, 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.
Lisa Marcus, Respondent, v. Barry Marcus, Appellant, The Estate of Andrea Dunham, Defendant.	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 Leo A. Marino, Appellant, v. New York City Department of Correction, Records Access Officer, Respondent.	Motion for reargument denied.
Matrix Financial Services Corporation, Respondent, v. Peter G. McKiernan, Appellant, et al., Defendants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Michael McKown, Respondent, v. Anita Barnes, a/k/a Anita VanCoppenolle, Appellant.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
John Moody, Respondent, v. Svetlana Sorokina, 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 Angel Morales, Appellant, v. New York State Division of Parole, Respondent.	Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitu- tional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
Muriel Siebert & Co., Inc., Respondent, v. Intuit, Inc., Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
In the Matter of New York State Crime Victims Board, on Behalf of David M. Konits, Respondent, v. Paul Mitchell, Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Peter Parris, Appellant.	Motion for reargument denied.
In the Matter of Andrew J. Spano, as County Executive of the County of Westchester, et al., Appellants, v. Antonia C. Novello, as Commis- sioner of Health, et al., Respondents.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Andrew A. Taussig, Plaintiff, v. The Clipper Group, L.P., Third-Party Appellant, v. CS First Boston Finders I, L.P., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Matthew L. VanCoppenolle, Respondent, v. Anita VanCoppenolle, a/k/a Anita Barnes, 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. Motion for poor person relief dismissed as academic.
Varsity Transit, Inc., et al., Respondents, v. The Board of Education of the City of New York, Appellant.	Motion for leave to appeal granted.