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| The People
&c., Respondent, v. Richard Aiken, Appellant. |
Order affirmed. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
| General Motors Acceptance Corporation, et al., Respondents, v. Nationwide Insurance Company, Appellant. |
Order reversed, with costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Graffeo and Read concur. Judge R.S. Smith concurs in result in a separate opinion in which Judge Rosenblatt concurs. |
| JMD Holding Corp., Respondent, v. Congress Financial Corporation, Appellant, First Union National Bank, Defendant. |
Order modified, without costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur. |
| Melissa Dickinson Kamens, et al., Appellants, v. Utica Mutual Insurance Company Respondent, and Violetta Q. Dickinson, Respondent. --------------------------------- Melissa Dickinson Kamens, et al., Appellants, v. Utica Mutual Insurance Company Respondent, and Violetta Q. Dickinson, et al., &c., Respondents. (Appeals No. 1 & 2) |
Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. |
| In the Matter of Paul C. Maggio, d/b/a Patchogue Nursing Center, Respondent, v. Barbara A. DeBuono, &c., et al., Appellants. |
On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety, 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. Antonio McClemore, Appellant. |
Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
New York Telephone Company, Respondent, v. Supervisor of Town of Oyster Bay, et al., Appellants, et al., Defendant. (And a Third-Party Action.) (Action No. 1.) --------------------------------- New York Telephone Company, Respondent, v. Supervisor of Town of Oyster Bay, et al., Appellants, et al., Defendant. (And a Third-Party Action.) (Action No. 2.) |
Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Rosenblatt. Judges G.B. Smith, Read and R.S. Smith concur. Judge Ciparick dissents and votes to reverse in an opinion in which Chief Judge Kaye and Judge Graffeo concur. |
| Briarpatch Limited, L.P., et al., Appellants, v. Frankfurt Garbus Klein & Selz, P.C., et al., Respondents. |
Motion for leave to appeal denied. |
| The People &c., Respondent, v. Alvaro Carvajal, Appellant. |
Motion for poor person relief denied without prejudice to renewal of the motion within 30 days upon detailed submissions by appellant showing assets or income available to him (CPLR 1101[a]). |
| Benny Cohen, Appellant, v. Joseph L. Paul, et al., Defendants, Allstate Insurance Company, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of Continental Insurance Company, Respondent, v. Genevieve Marshall, Appellant. |
Motion for leave to appeal denied. |
| Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents. |
Motion by New York State Defenders Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. |
| Courtroom Television Network LLC, Appellant, v. The State of New York, et al., Respondents. |
Motion by Richard J. Sexton, Esq. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Nineteen additional copies of the brief may be filed within 10 days. |
| Liberto Diaz et al., Appellants, v. Blasina Rodriguez, also known as Blasina Ortiz, Respondent. |
Motion for leave to appeal denied. Motion for a stay dismissed as academic. |
| Christopher E. DiPasquale, Appellant, v. Security Mutual Life Insurance Company of New York, et al., Respondents. |
Motion to dismiss appeal granted and appeal dismissed, with four hundred dollars costs and one hundred dollars costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. |
| Paul D. Grebinar, Appellant, v. Consolidated Edison of New York, Inc., et al., Respondents. |
Motion for leave to appeal denied. |
| Daniel Hernandez et al., Respondents, v. Victor L. Robles, &c., Appellant. |
Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, First 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]). Judge R.S. Smith took no part. |
| The People &c., Appellant, v. Garth M. Hill, Respondent. |
Motion for assignment of counsel granted and Thomas W. Ryan, Esq., 1200 Hills Building, 217 Montgomery Street, Syracuse, NY 13202 assigned as counsel to the respondent on the appeal herein. |
| Christopher Hiraldo, &c., et al., Appellants, v. Allstate Insurance Company, Respondent. et al., Defendants. |
Motion by Levy, Phillips & Konigsberg, LLP for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. |
| Natalie B. Lustenring, &c., Respondent, v. AC&S, Inc., et al., Defendants, John Crane, Inc., Appellant. --------------------------------- John Matteson, et al., Respondents, v. AC&S, Inc., et al., Defendants, John Crane, Inc., Appellant. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Claudia Betancur, et al., Plaintiffs, Peter Martucci, et al., Appellants, v. The City of New York et al., Respondents. |
Motion for leave to appeal denied. |
| In the Matter of Murray M. Murad, Appellant, v. The City of New York, et al., Respondents. |
Motion for leave to appeal denied. |
| 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 Coalition for Litigation Justice Inc., et al. for leave to file a brief amici curiae on the appeal herein granted. Three copies of the brief may be served and 20 copies filed within 20 days. |
| In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Town of Watertown et al., Respondents. |
Motion for leave to appeal granted. |
| Edward O'Neill, et al., Appellants, v. New York City Housing Authority, Respondent. |
Motion for leave to appeal denied. |
| Mendel E. Ofman, Appellant, v. Martin Campos, et al., Respondents. (Action No. 1) --------------------------------- (And another 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. |
| Florin C. Papa, a/k/a Florin
C. Popescu, Plaintiff, v. 24 Caryl Avenue Realty Co. et al., Defendants; Community Preservation Corporation, Intervenor; Charles Rudd MacKenzie, Nonparty Appellant; W. Denis Donovan, &c., Nonparty 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. |
| In the Matter of Michelle Quinones, Respondent, v. Louis Lopez, Appellant. |
Motion for leave to appeal denied. |
| In the Matter of David Ratliff, Appellant, v. Glenn S. Goord, &c., Respondent. |
Motion for leave to appeal denied. |
| Robert E. Roller, et al., Appellants, v. Robert G. Walsh, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Sylvia Samuels et al., Appellants, v. The New York State Department of Health and the State of New York, Respondents. |
Appeals from the order and the judgment of Supreme Court 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 constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601 [b][2]). Judge R.S. Smith took no part. |
| Diane Sanna, Appellant, v. Rim, Inc., et al., Defendants, U.S. Lock Corporation, 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. |
| Diane Sanna, Appellant, v. Rim, Inc., et al., Defendants, Jardin, Ltd., &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 action within the meaning of the Constitution. |
| In the Matter of Jack Schulman, Appellant. Commissioner of Labor, Respondent. |
Motion for leave to appeal denied. |
| Rubin Sterngass, Appellant, v. Palisades Interstate Park Commission, et al., Respondents. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of Sanel
V. (Anonymous). Administration for Children's Services, Respondent, Sefija V. (Anonymous), Respondent, Murdija V. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Dilaela V. (Anonymous). Administration for Children's Services, Respondent, Murdija V. (Anonymous), Appellant, Sefija V. (Anonymous), Respondent. (Proceeding No. 2). |
Motion for assignment of counsel denied without prejudice to renewal of the motion within 30 days upon detailed submissions by appellant showing assets or income available to her (CPLR 1101[a]). |
| The People &c. ex rel. DeAndre Williams, a/k/a David Williams, Appellant, v. The People of the 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 proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic. |
| In the Matter of Jonathan Wong, Appellant, v. Raymond Kelly, &c., Respondent. |
Motion for leave to appeal denied. |
Michael Zafran, Appellant, v. Lisa Zafran, 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 a preference dismissed as academic. |