Court of Appeals Decision List
Decided May 3, 2005
Cases
In the Matter of Annette B. (Anonymous). Orange County Department of Social Services, Respondent, Joseph B. (Anonymous), Appellant.	Order affirmed, without 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 Chesterfield Associates, Appellant, v. New York State Department of Labor, Respondent.	Judgment affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
Joseph Dalton et al., Appellants-Respondents, v. George Pataki, as Governor of the State of New York, et al., Respondents-Appellants, et al., Respondents. (Action No. 1) --------------------------------- Lee Karr, Appellant-Respondent, v. George Pataki, as Governor of the State of New York, et al., Respondents-Appellants, et al., Respondents. (Action No. 2)	Order modified, with costs to defendants, by declaring Part C of Chapter 383 of the Laws of 2001 constitutional and, as so modified, affirmed. Opinion by Judge Ciparick. Chief Judge Kaye and Judges Rosenblatt, Graffeo and Read concur. Judge G.B. Smith dissents in part and votes to modify by declaring Part B of Chapter 383 of the Laws of 2001 unconstitutional in an opinion. Judge R.S. Smith dissents in part and votes to affirm in an opinion in which Judge G.B. Smith concurs insomuch thereof as pertains to Part C of Chapter 383 of the Laws of 2001.
Lewis Kovit et al., Respondents, v. Estate of Katherine Hallums, Respondent, City of New York, Appellant, et al., Defendant.	Order reversed, with costs, and the complaint against defendant City of New York dismissed. Opinion by Judge Rosenblatt. Chief Judge Kaye, and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Norman Lazan, et al., Respondents, v. County of Suffolk, Appellant.	Order reversed, with costs, defendant's motion for summary judgment dismissing the complaint granted and 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.
In the Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003. "Doe Law Firm," et al., Appellants, Eliot Spitzer, &c., Respondent.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Sonny Boy Realty, Inc., Respondent, v. The City of New York, Appellant.	Order affirmed, with costs, and certified question answered in the affirmative. We agree with the Appellate Division that the lease imposed an obligation on the tenant to make repairs necessitated by its own negligence or the negligence of its invitees. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Eduard Aminov, Respondent, v. New York Black Car Operators Injury Compensation Fund, Inc., et al., Appellants. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
In the Matter of Loren B., Appellant, v. Heather A. et al., Respondents. (Proceeding No. 1). --------------------------------- In the Matter of Sharon ZZ., Respondent, v. Loren B., Appellant, et al., Respondent. (Proceeding No. 2).	Motion for leave to appeal denied.
In the Matter of Arbitration, &c., Chaindom Enterprises, Inc., et al., Respondents, v. Furgang & Adwar, L.L.P., Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. James Combest, Appellant. --------------------------------- Hybrid Films, Inc., Proposed Intervenor.	Motion to intervene denied and motion for reargument dismissed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Compis Services, Inc., et al., Appellants, v. Joseph A. Greenman, et al., Respondents.	Motion for leave to appeal denied.
D.R. Watson Holdings, LLC et al., Respondents, v. Caliber One Indemnity Company, 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 Dutchess County Department of Social Services, o/b/o Sharon Fleming, Respondent, v. George Wilson, Appellant.	Motion for leave to appeal denied.
In the Matter of Dutchess County Department of Social Services, o/b/o Sharon Fleming, Respondent, v. George Wilson, Appellant.	Motion for poor person relief dismissed as academic.
George Firth, Appellant, v. State of New York, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Carrieanne G., Michael G. and Timothy G. --------------------------------- Wyoming County Department of Social Services, Respondent; William M., Appellant, et al., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
In the Matter of Chris Hynes, Appellant, v. Roy Girdich, &c., et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
Korea First Bank of New York, Respondent, v. Noah Enterprises, Ltd., et al., Appellants. (And Another Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Marke Lantry, Doing Business as Thorough Job Architectural Construction Systems, Appellant, v. State of New York et al., Respondents.	Motion for leave to appeal granted.
John P. Lavin, et al., Appellants, v Joel I. Klein, Chancellor of the New York City Department of Education, et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. Melvin C. Lewis, Appellant, v. John Burge, as Superintendent of Auburn Correctional Facility, et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
In the Matter of Mona Louis, Appellant. Commissioner of Labor, 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.
Martin Goldman, LLC, Respondent, v. Yonkers Industrial Development Agency 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 and is not an order of the type provided for in CPLR 5602(a)(2).
New York Civil Liberties Union, et al., Appellants, v. The State of New York, et al., Respondents.	Motion for reargument denied.
In the Matter of Orchard Heights, Inc., Appellant, v. Linda Yancy, Assessor, &c., et al., Respondents. --------------------------------- Orchard Park Central School District, Intervenor-Respondent.	Motion for leave to appeal denied.
In the Matter of Premier Self Storage of Lancaster, Appellant, v. Christine Fusco, &c., et al., Respondents. --------------------------------- Lancaster Central School District, Intervenor-Respondent.	Motion for leave to appeal denied.
In the Matter of Jamie Provoncha, Respondent, v. Anytime Home Care, Inc., Appellant, Workers' Compensation Board, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
Donald Shaffer, et al., Appellants, v. Marion Roffer, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Norman Trieger, D.M.D., M.D., Appellant, v. Montefiore Medical Center, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge R.S. Smith took no part.
Manuel Vargas, Appellant, v. The Beer Garden, Inc., et al., Respondents, "John Doe" &c., et al., Defendants. (And A Third-Party Action).	Motion for leave to appeal denied.