Court of Appeals Decision List
Decided June 29, 2005
Cases
In the Matter of Jake Bello, Ph.D., et al., Respondents, v. Roswell Park Cancer Institute, et al., Appellants.	Order, insofar as appealed from, reversed, with costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with the opinion herein. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
In the Matter of Hon. Michael H. Feinberg, Surrogate of Kings County. Petitioner, For Review of Determination of State Commission on Judicial Conduct, Respondent.	Determined sanction accepted, without costs, and Michael H. Feinberg removed from the office of Surrogate of Kings County. Opinion Per Curiam. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Thomas Hanley, Appellant.	Order reversed and a new trial ordered. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Thomas Kelly, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Larry Munoz, Respondent, et al., Plaintiff, v. DJZ Realty, LLC, Appellant. (And a Third-Party Action).	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendant's motion for summary judgment dismissing the Labor Law § 240(1) cause of action 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.
The People &c., Respondent, v. Kenneth J. Paulman, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Raymond Corporation et al., Respondents, v. National Union Fire Insurance Company of Pittsburgh, PA, Appellant.	Order reversed, with costs, and order of Supreme Court, Chenango County, reinstated. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith and Ciparick concur. Judge R.S. Smith dissents and votes to affirm in an opinion in which Judges Rosenblatt and Graffeo concur.
Motions
In the Matter of Darryl A. Allen, Appellant, Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Brooklyn Navy Yard Development Corporation, &c., Respondent, v. J.M. Dennis Construction Corp., et al., Defendants, Jeffrey Wengroff et al., Appellants.	Motion, insofar as it seeks leave to appeal from that portion of the November 2004 Appellate Division order that affirmed, as modified, the judgment of Supreme Court denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the November 2004 Appellate Division order and the March 2005 Appellate Division order do not finally determine the action within the meaning of the Constitution.
Xiao Yang Chen, Appellant, v. Ian Ira Fischer, Respondent.	Motion by American Academy of Matrimonial Lawyers, New York Chapter for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed. Nineteen additional copies of the brief may be filed and two additional copies served within 10 days.
Cla-Mil East Holding Corp., &c., Appellant, v. Medallion Funding Corp., et al., Respondents.	Motion for leave to appeal granted.
Ray Cordani, Appellant, v. Thompson & Johnson Equipment Company, Inc., et al., Respondents; et al., Third-Party Defendant.	Motion for leave to appeal denied.
CMRC, Ltd., Appellant, v. The State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Read took no part.
The People &c., Respondent, v. Mark S. DePalma, 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 Mary Dugan, Appellant, v. Bernard Kerik, Police Commis- sioner of the City of New York, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Allen DD. and Another, Alleged to be the Children of Mentally Retarded Parents. Clinton County Department of Social Services, Respondent; Roger DD., Appellant. (And Another Related Proceeding).	Motion for leave to appeal denied.
Tammie Engelhart, &c., Appellant, v. County of Orange, et al., Respondents, Paul Harnisch, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Coleen Fertitta, &c., et al., Appellants, v. August Pagano, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals (see, Parker v. Rogerson, 35 NY2d 751, 753 [1974]).
In the Matter of Phillip Giancola Jr., Appellant, v. Eagle Electronic Manufacturing Company, Inc., 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.
In the Matter of Jaime Grajales, Appellant, v. Stephen F. Lungen, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Uriel Halbreich et al., Respondents, v. Steven T. Braunstein et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Derrick Hamilton, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	Motion for leave to appeal denied.
Robert Hothan, Respondent, v. Metropolitan Suburban Bus Authority, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Shazad Khan, Appellant, v. Raymond W. Kelly, &c., et al., Respondents.	Motion for leave to appeal denied.
Sami Leka, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Sandro Lopez, 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 Mohawk Valley Organics LLC, Appellant, v. New York State Department of Environmental Conservation, et al., Respondents.	Motion for leave to appeal denied.
Alan Morton et al., Appellants, v. State of New York, 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.
Mosdos Oraysa, Inc., Appellant, v. Joseph Sausto et al., Respondents.	Motion, insofar as it seeks leave to appeal as against defendants Pleasant Fields, Inc. and Yeshaya Dovid Willner, dismissed upon the ground that as to those parties 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.
New York Central Mutual Fire Insurance Company, Appellant, v. Lawrence Sweet et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of North Shore Cadillac-Oldsmobile, Inc., Appellant, v. Tax Appeals Tribunal of the State of New York et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Keith G. O'Brien, Appellant, v. Alan G. Hevesi, as State Comptroller, et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]; Eaton v. State of New York, 76 NY2d 824 [1990]).
The People &c., Respondent, v. Alex Oquendo, 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.
David Owens et al., Appellants, v. Myra Campbell, Defendant, Town of Tyrone, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Judith Penn, Appellant, v. Fleet Bank, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Margaret Peyton, &c., Appellant, v. State of Newburgh, Inc., et al., Defendants, Epic Realty LLC, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Bernard Pitts, Appellant.	Motion for reargument denied.
In the Matter of "Baby Girl" Q., also know as Meagan Q., et al., &c. Damaira Q., Appellant; Yesenia A., Intervenor-Appellant; Jewish Child Care Association of New York, et al., Respondent.	Motion for leave to appeal denied.
In the Matter of Thomas J. Regan, Appellant, v. New York State and Local Employees' Retirement System et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
Tomaz Mendes Regatos, Respondent, v. North Fork Bank and New Commercial Bank of New York, Appellants, North Fork Bancorporation, Defendant.	Motion by The Clearing House Association L.L.C. for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Tomaz Mendes Regatos, Respondent, v. North Fork Bank and New Commercial Bank of New York, Appellants, North Fork Bancorporation, Defendant.	Motion by American Bankers Association, et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
Anthony Rizzuto, Appellant, v. State of New York Unified Court System, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Chief Judge Kaye took no part.
Raymond Ruscito, Sr., et al., Appellants, v. Swaine, Inc., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Village of Scarsdale, et al., Appellants, v. New York City Water Board, Respondent.	Motion for leave to appeal denied.
The People &c., Respondent, v. Delano Sedney, 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.
Seligson, Rothman & Rothman, Esqs., Appellant, v. Gallin & Newman, Esqs., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of John Albert Steel, Appellant, v. Department for the Aging of the City of New York, et al., Respondents.	Motion for leave to appeal denied.
Injah Tafari, Appellant, v. State of New York, 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. Motion for poor person relief dismissed as academic.
Injah E. Tafari, Appellant, v. Anthony Zon, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of 33 Prospect Street Corp., Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied.
In the Matter of Myrna Torres, Appellant, v. The New York City Housing Authority, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
Travelers Indemnity Company of Illinois, &c., Respondent, v. The Related Companies, L.P., et al., Appellants.	Motion for leave to appeal denied.
In the Matter of Jack Vigliotti, Appellant, v. David A. Carpenter, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of the Estate of Odell Williams, Deceased. Daria M. Williams, Respondent; Gregory Williams et al., Appellants.	Motion for leave to appeal denied.
The People &c., Respondent, v. Robert A. Williams, 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.