Court of Appeals Decision List
Decided June 30, 2005
Cases
In the Matter of Donald Harner, Respondent, v. County of Tioga, Appellant.	Order reversed, with costs, and petition dismissed. 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. Benjamin Hunter, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Frank B. Iacovangelo, as Admin- istrator of the Estate of Goldie Gilchrist, also known as "Goldy Bond," Appellant, v. David Shepherd et al., Respondents.	Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
The People &c., Respondent, v. Michael Johnson, Appellant.	Order affirmed, 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. Elvis Lopez, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of Jeffrey H. Michaelis, M.D., Appellant, v. Dennis J. Graziano, as Director of the Office of Professional Medical Conduct, et al., Respondents.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
David L. Thornton, et al., Respondents-Appellants, v. Shlomo Baron, et al., Defendants, and 390 West End Associates, L.L.C., Appellant-Respondent.	Order affirmed, without costs, and certified question answered in the affirmative. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur. Judge R.S. Smith dissents in an opinion in which Judge Read concurs.
Motions
In the Matter of Samia N. Ahmad, Respondent, v. Iqbal M. Naviwala, Appellant.	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.
Cornelius Alexy et al., as Administrators of the Estate of James Alexy, Deceased, Appellants, v. Richard Stein, Respondent.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's order denying appellants' motion to renew, 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.
Gloria Allen et al., Plaintiffs, James Whipple et al., Appellants, v. General Electric Company 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. Judge Read took no part.
In the Matter of Astoria Gas Turbine Power, LLC, Respondent, v. Tax Commission of City of New York, 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 proceeding within the meaning of the Constitution.
In the Matter of Baby Boy B., also known as Idrissa K., &c., Idrissa K., Appellant, Association to Benefit Children, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Linda Banuchis, Respondent, v. Government Employees Insurance Co., Appellant, Nicole Bonica, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Isaiah Brown, Appellant, v. Raymond J. Cunningham, &c., Respondent.	Motion for leave to appeal denied.
BDG Oceanside, LLC, Respondent, v. RAD Terminal Corp., et al., Defendants, Gulf Oil, Limited Partnership, Appellant. (And a Third-Party Action).	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.
Cathyann Caporale, Appellant, v. Michael C. Mesbah, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that it does not lie (see, NY Const, art VI, § 3[b]; CPLR 5602).
In the Matter of Yolanda Carreras-Negron, Appellant, v. Rafael Diaz Gutierrez, Respondent.	Motion for leave to appeal denied.
Sean Casey, Plaintiff, v. Paul Ruffino, et al., Defendants; Decolator, Cohen & DiPrisco, LLP, Nonparty-Respondent; Lysaght, Lysaght and Kramer, P.C., Nonparty Appellant; Trager Cronin & Byczek, LLP, Nonparty.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Condo Units, LP, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.	Motion for leave to appeal denied.
In the Matter of D'Agostino Brothers Enterprises, Inc., Appellant, v. Patrick R. Vecchio, et al., Respondents.	Motion for leave to appeal denied.
Andre Dolberry, Appellant, v. State of New York, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]). Motion for poor person relief dismissed as academic.
In the Matter of Desiree Ellis, Appellant, v. Cleanorama 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 Bernabe Encarnacion, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Frank Engler, Respondent, v. United Parcel Service et al., Appellants. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
Anthony Fusco, et al., Appellants, v. Barnwell House of Tires, Inc., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
HRH Construction Corporation, et al., Appellants, v. Commercial Underwriters Insurance Company, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Benjamin A. Kinsman et al., Appellants, v. Aaron Turetsky et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Kerry Kotler, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellant's motion for discovery, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Victoria Kremen, also known as Victoria Rabinoff, Appellant, v. Steven Ted Brower, M.D., et al., Defendants, Susan Kaiser, M.D., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
R. James Long, Respondent, v. Sage Estate Homeowners Association, Inc. et al., Appellants. (And a Third-Party Action).	Motion for leave to appeal by Sage Estate Homeowners Association, Inc. dismissed upon the ground that as to that appellant the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion by Gary L. Greenhouse, insofar as it seeks leave to appeal as against R. James Long and Citadel Homes, Inc., 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 by Gary L. Greenhouse, insofar as it seeks leave to appeal as against Faddegon's Nursery, Inc., St. Joan of Arc Church and the Roman Catholic Diocese of Albany, denied.
Patrick M. LoRusso, et al., Appellants, et al., Plaintiffs, v. Brookside Homeowner's Associa- tion, Inc., Respondent, 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 Leo A. Marino, Appellant, v. New York City Police Department, Records Access Officer, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Martin Iron & Construction Co., Respondent, v. Grace Industries, Inc., Appellant, et al., Defendants. (And Another Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Christine Mazzilli, Appellant, v. Paul Mazzilli, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Michael McKown, Respondent, v. Anita Barnes, a/k/a Anita VanCoppenolle, Appellant. --------------------------------- Matthew L. VanCoppenolle, Respondent, v. Anita VanCoppenolle, a/k/a Anita Barnes, Appellant.	Motion for reargument of motions for leave to appeal denied. Motion for poor person relief dismissed as academic.
Katherine R. Mindel, an Infant, by Her Parent, Mark W. Mindel, et al., Appellants, v. Richard D. Jones et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Tatia Morsette, Appellant, v. "The Final Call," &c., Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that appellant is not a party aggrieved (see, Whitfield v City of New York, 90 NY2d 777, 780 n [1997]).
In the Matter of Mohammad Naroor, et al., Respondents, v. Rizwan Gondal, et al., Appellants, Charles Schwab & Co., Inc., Respondent. (And Another Proceeding).	On the Court's own motion, appeal, insofar as taken by Rizwan Gondal on behalf of Gondal Asset Management, Inc., dismissed, without costs, upon the ground that a corporation must appear by attorney (see, CPLR 321[a]). On the Court's own motion, appeal by Rizwan Gondal on his own behalf dismissed, without costs, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601). Motion for poor person relief &c. dismissed as academic.
National Granite Title Insurance Agency, Inc., &c., Respondent, v. Cadlerock Properties Joint Venture, L.P. et al., Appellants.	Motion to enlarge the record on appeal denied. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
State of New York, et al., Respondents, v. White Oak Co., LLC, 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.
P&N Tiffany Properties, Inc., Appellant, v. Leslie B. Maron, &c., et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's order denying appellant's motion to renew, 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.
In the Matter of Bibiano Rosa, Appellant, v. The City University of New York, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Josephine Rossi, Appellant, v. Town of Colonie Department of Assessment et al., Respondents.	Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.
Bacilio Silva 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 Peter J. Sirianno, et al., Appellants, v. Town of Poland Zoning Board of Appeals et al., Respondents.	Motion for leave to appeal denied.
The People &c., Respondent, v. John K. Smith, Appellant.	Motion for leave to appeal denied.
Michael Urfirer, Appellant, v. Leslie Cornfeld, Respondent.	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.
Anthony Viola, et al., Appellants, v. City of New York, et al., Defendants, Broadway Cardiopulmonary, P.C., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Donald W. et al., Alleged to be the Children of Mentally Ill and/or Mentally Retarded Parents. Clinton County Department of Social Services, Respondent; Donald X., Appellant. (And Another Related Proceeding).	Motion for leave to appeal denied.
The People &c. ex rel. Robert Warren, Appellant, v. Dale Artus, &c., Respondent.	Motion for leave to appeal denied.
Tymeik Williams, &c., Appellant, v. Nassau County Medical Center, et al., Respondents.	Motion for leave to appeal granted.
In the Matter of Zayd WW., Appellant, v. Brion Travis, &c., Respondent.	Motion for leave to appeal denied.
In the Matter of Alfred J. Zahra, et al., Respondents, v. New York City Housing Authority, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.