Court of Appeals Decision List
Decided May 5, 2005
Cases
Heary Bros. Lightning Protection Co., Inc., et al., Appellants, v. Intertek Testing Services, N.A., Inc., et al., Respondents.	Order affirmed, with costs, and judgment absolute ordered against plaintiffs on the stipulation. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Roger Johnson, et al., Appellants, v. Daniel A. Ward, Respondent.	Order reversed, with costs, defendant's motion to dismiss the complaint granted and 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.
Janet Olivia Scantlebury, Appellant, v. New York City Health and Hospitals Corporation, Respondent.	Order affirmed, with costs. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
The People &c., Respondent, v. Stephen G. Schulz, Appellant.	Order affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Graffeo, Read and R.S. Smith concur. Judge Rosenblatt dissents in part in an opinion.
Svetlana Tikhonova, Respondent, v. Ford Motor Company, et al., Appellants, et al., Defendants.	Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Timothy Walls, et al., Respondents, v. Turner Construction Company, Appellant, Jordan Construction Company, Defendant.	Order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick and Graffeo concur. Judge R.S. Smith dissents and votes to reverse in an opinion in which Judges Rosenblatt and Read concur.
Motions
Dawn Bantum, Appellant, v. American Stock Exchange, LLC, et al., Respondents, Heights Partners, Inc., et al., Defendants.	Motion by Eliot Spitzer, Attorney General of the State of New York, for leave to appear amicus curiae on the appeal herein granted to the extent that three copies of a brief may be served and 20 copies filed within seven days.
Dawn Bantum, Appellant, v. American Stock Exchange, LLC, et al., Respondents, Heights Partners, Inc., et al., Defendants.	Motion by New York Mercantile Exchange, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two additional copies of the brief may be served and 19 additional copies may be filed within seven days.
In the Matter of Katherine Barnhart, et al., Appellants, v. Hon. John Cataldo, et al., Respondents.	Motion by The Legal Aid Society for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
Bluebird Partners, L.P., Respondent, v. First Fidelity Bank, N.A., New Jersey, Appellant, Midlantic National Bank, et al., Defendants.	Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
Shirley A. Brown, Appellant, et al., Plaintiff, v. Aames Capital Corporation, et al., Respondents.	Motion for leave to appeal denied.
David S. Brown et al., Appellants, v. Jason T. Dragoon, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Chubb Group of Insurance Companies, Respondent, v. Beverly Williams, Respondent, Progressive Casualty Insurance Company, Appellant.	Motion for leave to appeal denied.
In the Matter of Raymond Clark, Appellant, v. Siara Management, Inc. 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.
Charles Eber, Appellant, v. Town of Irondequoit, et al., Respondents.	Motion for leave to appeal denied.
Fiber Consultants, Inc., Respondent, v. Fiber Optek Interconnect Corp., 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.
In the Matter of Steven Geddes, Appellant, v. Lori Montpetit, Respondent. (And Another Related Proceeding).	Motion for leave to appeal dismissed upon the ground that appellant is not a party aggrieved (see, CPLR 5511).
In the Matter of Theodore Given, Appellant, v. Robert Dennison, Acting Chairman, &c., Respondent.	Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.
Laura Henderson, Appellant, v. Town of Van Buren, Respondent, et al., Defendant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Johnathan Holland, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
In the Matter of Independent Wireless One Corporation et al., Respondents, v. City of Syracuse, et al., Appellants.	Motion for leave to appeal denied.
Elizabeth Jones-Barnes, Appellant, v. Congregation Agudat Achim, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]; Eaton v State of New York, 76 NY2d 824).
In the Matter of Chelsea K., Alleged to be a Neglected Child. Commissioner of Social Services of Clinton County, Respondent; Loren K., Appellant, Amy L., Respondent.	Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.
The People &c. ex rel. Nehemiah Nash, Appellant, v. Michael McGinnis, as Superinten- dent of Southport Correctional Facility, Respondent.	Motion for leave to appeal denied. Judge Graffeo took no part.
Geraldine Pauling, Appellant, v. Orentreich Medical Group, et al., Respondents, Allen M. Epstein, M.D., et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Pepsico, Inc., et al., Respondents, v. Winterthur International America Insurance Company, Appellant, et al., Defendant.	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 Radisson Community Association, Inc., Appellant, v. Donald J. Long, Acting Assessor of Town of Lysander, et al., Respondents, Baldwinsville Central School District, Intervenor-Respondent.	Motion for leave to appeal dismissed upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals (see, Parker v Rogerson, 35 NY2d 751, 753).
In the Matter of City of Rochester, Respondent, v. Public Employment Relations Board et al., Appellants.	Motions for leave to appeal denied.
Accounting of Jack Rudin, et al. as Successor Trustees, &c., under the Last Will and Testament of Edward Rudin, Deceased. --------------------------------- Jack Rudin, et al., Respondents, v. Donald Heimlich, Appellant.	Motion for leave to appeal denied. Judge Ciparick took no part.
William H. Schimek et al., Appellants, v. Antonio Passucci, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Skadden, Arps, Slate, Meagher & Flom, LLP, Respondent, v. Gerard Angulo, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Elvin Vincenty, Plaintiff, v. Cincinnati Incorporated, Respondent, ABCO Fire Door Company, Inc., Appellant, Wilfred Realty Corporation, Defendant. --------------------------------- Cincinnati Incorporated, Third-Party Respondent, v. ABCO Door Industries, Inc., Third-Party 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.
Elvin Vincenty, Plaintiff, v. Cincinnati Incorporated, Appellant, ABCO Fire Door Company, Inc., Respondent, Wilfred Realty Corporation, Defendant. --------------------------------- Cincinnati Incorporated, Third-Party Appellant, v. ABCO Door Industries, Inc., Third-Party 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.
The People &c., Respondent, v. Matthew Waldron, Appellant.	Motion for assignment of counsel granted only to the extent that J. Scott Porter, Esq., One Park Place, 300 South State Street, Syracuse, New York 13202 is assigned without fee to represent appellant on the appeal herein. Counsel may, however, apply for reimbursement of necessary disbursements incurred in connection with the assignment, subject to the limitations contained in section 500.10(c) of this Court's Rules of Practice.
Captain Panagis A. Zissimatos, Appellant, v. United States Trust Company of New York, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
John S. Zumpano, Appellant, v. Father James F. Quinn, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.