Court of Appeals Decision List
Decided February 2, 2005
Cases

In the Matter of Rosemarie Panio,
&c.,
Respondent-Appellant,
v.
Carolee Sunderland, et al.,
Respondents,
Nicholas Spano,
Respondent-Appellant,
Andrea Stewart-Cousins,
Appellant-Respondent.
(And another proceeding).

Order modified, without costs, in
accordance with the opinion herein and,
as so modified, affirmed. Certified
question not answered upon the ground
that it is unnecessary.
Opinion Per Curiam.
Chief Judge Kaye and Judges Smith,
Ciparick, Rosenblatt and Smith concur.
Judge Read dissents in part and votes
to affirm in an opinion in which Judge
Graffeo concurs.
Motions

In the Matter of Rosemarie Panio,
&c.,
Respondent-Appellant,
v.
Carolee Sunderland, et al.,
Respondents,
Nicholas Spano,
Respondent-Appellant,
Andrea Stewart-Cousins,
Appellant-Respondent.
(And another proceeding).
Motion by Douglas A. Kellner, Weyman A.
Carey, Terrence C. O'Connor, Nero Graham,
Jr. and Mark B. Herman for leave to file
a brief amici curiae on the appeal
herein denied.