Court of Appeals Decision List
Decided April 5, 2005
Cases
The Argo Corporation, et al., Appellants, v. Greater New York Mutual Insurance Company, Respondent.	Order affirmed, with costs. Opinion by Judge G.B. Smith. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Chief Judge Kaye took no part.
Capitol Records, Inc., Appellant, v. Naxos of America, Inc., Respondent.	Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in the negative. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
Robert V. Marvin et al., Appellants, v. Korean Air Inc., et al., Respondents, Centria Inc., Defendant.	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 New York Central Mutual Fire Insurance Company, Respondent, v. Stephanie Drasgow, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, petition to vacate the arbitration award denied and petition to confirm the arbitration award granted, for the reasons stated in the dissenting memorandum at the Appellate Division (12 AD3d 1038, at 1039-1040), and matter remitted to Supreme Court, Erie County, for consideration of appellant's claim for attorneys' fees. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Nobu Next Door, LLC, et al., Appellants, v. Fine Arts Housing, Inc., Respondent.	On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Cynthia A. Rekemeyer, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.	Order modified, without costs, by denying defendant's motion for summary judgment and, as so modified, affirmed. Opinion by Judge G.B. Smith. Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Chief Judge Kaye took no part.
Angel Rivera, Respondent, v. 2160 Realty Co., L.L.C., Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendant's motion for summary judgment granted and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Arlene Toefer, &c. et al., Appellants, v. Long Island Rail Road, Respondent; Jana Construction Co., Inc., et al., Third-Party Respondents; et al., Third-Party Defendants. --------------------------------- (And a fourth-party action.)	Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Motions
Valiere Alcena, &c., Appellant, v. Empire Blue Cross and Blue Shield, et al., Respondents, et al., Defendants.	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 discovery motion, 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.
Ascot Realty LLC, Appellant, v. Dr. Geoffrey Richstone, Respondent.	Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion for leave to appeal from the order of the Appellate Division entered in this proceeding commenced in the Civil Court of the City of New York (see, NY Const, art VI, § 3[b][7]; CPLR 5602[a]).
The Bank of New York, Respondent, v. Norilsk Nickel et al., Respondents, Monter Joint Stock Company, 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.
The Bank of New York, Respondent, v. Norilsk Nickel et al., Respondents, Monter Joint Stock Company, Appellant.	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 proceeding within the meaning of the Constitution.
Bankers Trust Company of California, N.A., &c., Respondent, v. Chaggrit Sawangkao, Appellant, et al., Defendants.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from the judgment of foreclosure and sale, dismissed upon the ground that this Court does not have jurisdiction to entertain the motion from the Appellate Division order dismissing the appeal to that court from a determination entered on default (see, CPLR 5511); motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the Appellate Division order does not finally determine the action within the meaning of the Constitution.
In the Matter of Donesha B., A Person Alleged to be a Juvenile Delinquent, Appellant. -------------------------------- Presentment Agency, Respondent.	Motion for leave to appeal denied.
Joseph Bartfield, Respondent, v. RMTS Associates, LLC, Appellant. (And An Additional Counterclaim). --------------------------------- James Murphy, Respondent, v. Thomas Axon, Appellant. --------------------------------- RMTS Associates, LLC, Appellant, v. James B. Murphy, et al., Respondents, Brian Murphy, Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Best Payphones, Inc., Appellant, v. Department of Information Technology and Telecommunications of City of New York, Respondent.	Motion to strike granted to the extent of deeming stricken petitioner's order to show cause for reargument and renewal and material in support thereof and references thereto in petitioner's brief. Cross motion to amend appellant's brief denied.
In the Matter of Alfred C. Blanche, Appellant, v. Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Eastbrook Caribe, A.V.V., Appellant, v. Fresh Del Monte Produce, Inc. et al., Respondents, Eduardo Bours C., &c., et al., Defendants.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's orders denying reargument and leave to serve an amended complaint, 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.
Daniel Farrell, Appellant, v. Blue Circle Cement, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Destiny G. and Ashanti E. --------------------------------- Ontario County Department of Social Services, Respondent; Calisha S., Respondent; Terry E., Appellant.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Juan Gorbea, Appellant, v. Eli Uriel, Respondent (And A Third-Party Action).	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Meghan H., A Neglected Child. St. Lawrence County Department of Social Services, Respondent; Sherry H., Appellant.	Motion for leave to appeal dismissed upon the ground that no appeal lies from the Appellate Division order dismissing the appeal to that court from the order entered upon default (see, CPLR 5511).
Hedaya Home Fashions, Inc., et al., Appellants, v. American Motorists Insurance Company, Respondent, et al., Defendants.	Motion for leave to appeal denied.
In the Matter of Daniel F. Hoehn, Appellant, v. Alan G. Hevesi, as State Comptroller, Respondent.	Motion for leave to appeal denied.
Annie Jagmohan, Appellant, v. City of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Lynn S. Jowers, Appellant, v. The State of New York et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order and the judgment appealed from do not finally determine the action within the meaning of the Constitution.
Tamar Loper, 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.
In the Matter of Melinda E. Lowell (admitted as Melinda Eilene Lowell), an attorney and counselor-at law. Departmental Disciplinary Committee for the First Judicial Department, Respondent, Melinda E. Lowell, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Melissa Morales, &c., et al., Plaintiffs, v. Jahanguir Yaghoobian, Third-Party Appellant; State Farm Insurance Companies, &c., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Benjamin Morgan, 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 New York City Transit Authority, et al., Respondents, v. Transport Workers' Union of America, Local 100, AFL-CIO, et al., Appellants.	Motion for leave to appeal granted.
State of New York, Respondent, v. Patricia II., Appellant.	Motion for leave to appeal granted.
The People &c., Appellant, v. Andrew H. Van Buren Respondent. -------------------------------- The People &c., Appellant, v. Mary B. Jeanniton, Respondent.	Motion by Coalition of Watershed Towns for leave to appear amicus curiae on the appeals herein granted to the extent that the proposed brief is accepted as filed.
In the Matter of Pine Knolls Alliance Church, Respondent, v. Zoning Board of Appeals of the Town of Moreau, Appellant.	Motion for leave to appeal granted.
In the Matter of Pine Knolls Alliance Church, Respondent, v. Zoning Board of Appeals of the Town of Moreau, Appellant.	Motion by the Association of Towns of the State of New York for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
In the Matter of Thomas J. Regan, Appellant, v. New York State and Local Employees' Retirement System et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Sherwin-Williams Company, Appellant, v. Tax Appeals Tribunal of the Department of Taxation and Finance of the State of New York, et al., Respondents.	Motion for leave to appeal denied.
The People &c. ex rel. David A. Thigpen, Appellant, v. Michael E. Giambruno, &c. et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the document from which leave to appeal is sought does not constitute an order or judgment appealable to this Court (see, NY Const, art VI, § 3; CPLR 5602). Motion for poor person relief dismissed as academic.
Town of Tully, Respondent, v. Cynthia A. Golden, Appellant.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.