Court of Appeals Decision List
Decided July 6, 2005
Cases
Carlo Albanese, et al., Respondents, v. The City of New York, et al., Appellants, et al., Defendants.	Order, insofar as appealed from, reversed, with costs, case remitted to Supreme Court, Bronx County for further proceedings in accordance with the opinion herein and certified question answered in the negative. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
In the Matter of Katherine B., et al., Appellants, v. Hon. John Cataldo, et al., Respondents.	Order reversed, without costs, the subject unsealing orders vacated and the records resealed. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
C.S.A. Contracting Corp., Appellant, v. New York City School Construction Authority, Respondent.	Order affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur, Judge R.S. Smith in a separate concurring opinion.
The People &c., Appellant, v. Garth M. Hill, Respondent.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur. Judge R.S. Smith dissents and votes to reverse and reinstate the indictment in an opinion in which Judge Read concurs.
In the Matter of Metro Enviro Transfer, LLC, Appellant, v. Village of Croton-On-Hudson, et al., Respondents.	Order affirmed, with costs. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. Shamel Wilson, Appellant.	On appeal from the order of the Appellate Division affirming the judgment of conviction and sentence, order reversed and a new trial ordered, to be preceded by an independent source hearing; appeal from the order of the Appellate Division affirming the denial of defendant's CPL 440.10 motion dismissed as academic, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Motions
In the Matter of Wamel Allah, Appellant, v. George Pataki, as Governor of New York State, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the issues presented have become moot.
In the Matter of Annette B. (Anonymous). Orange County Department of Social Services, Respondent, Joseph B. (Anonymous), Appellant.	Motion for reargument denied.
Daniel Baranello, Jr., Appellant, v. Rudin Management Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Darren Buonocore, Respondent, v. Dalena Dubois, et al., Appellants, Stanley Chovnick, Esq., Defendant.	Motion for leave to appeal denied.
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)	Motion for reargument denied.
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)	Motion for reargument denied.
In the Matter of George Denton, Deceased. G. Hallett Denton, Respondent, v. Andrew A. Hyman, et al., Appellants, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Ricardo Boggio, &c. et al., Appellants, v. Yonkers Contracting Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Alice Laraine Dimery, Appellant, v. Ulster Savings Bank, Respondent.	Motion for leave to appeal denied.
In the Matter of Mujahid Farid, Appellant, v. Brion Travis, as Chair of the New York State Board of Parole, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
520 East 81st Street Associates, Appellant, v. The State of New York, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Judge Read took no part.
In the Matter of Larry Holzberg, Appellant, v. Raymond W. Kelly, as Police Commissioner of the City of New York, &c., et al., Respondents.	Motion for leave to appeal denied.
Hyundai Corporation, et al., Respondents, v. The Republic of Iraq, et al., Defendants, The Central Bank of Iraq, 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.
The People &c. ex rel. Tyrone L. Jackson, Appellant, v. Warden, Mark Farsi, &c., Respondent. (And Other Proceedings).	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief &c. dismissed as academic.
The People &c., Respondent, v. James Jacobs, Appellant.	Motion to enlarge the record on appeal granted.
Lewis Kovit et al., Respondents, v. Estate of Katherine Hallums, Respondent, City of New York, Appellant, et al., Defendant.	Motion for reargument denied.
In the Matter of Thomas Maher, Appellant, v. Christopher J. Cade, et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Alyssa C.M. and Juan C.M., Jr. --------------------------------- Erie County Department of Social Services, Respondent; Luis A.R., Respondent, Sarah L.M., Appellant.	Motion for leave to appeal denied.
Maple Tree Homes, Inc., Appellant, v. County of Sullivan, Respondent, et al., Defendants.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
In the Matter of Kevin Martin, Appellant, v. Brion D. Travis, as Chair of the Board of Parole, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
Janet McCabe, as Administrator of the Estate of Thaddeus Boyce, Deceased, &c., et al., Appellants, v. Competition Imports, Inc., &c., Respondent, et al., Defendant.	Motion for leave to appeal dismissed upon the ground that no appeal lies from the judgment from which leave to appeal is sought.
In the Matter of Distiny Angelina N. (Anonymous). Graham-Windham, et al., Respondents; Luis N. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- In the Matter of Tabettha Wanda N. (Anonymous). Graham-Windham, et al., Respondents; Luis N. (Anonymous), Appellant. (Proceeding No. 2)	Motion for leave to appeal denied.
State of New York, et al., Respondents, v. Westchester Joint Water Works, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Joseph Panetta, Respondent, Bronze-Tone Metal & Marble Refinishers Inc., &c., Plaintiff, v. Sharon Kelly, Respondent, Marble and Terrazzo Polishing, Inc., Defendant, Jeanne Tingo, 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.
Stephanie Perell, Respondent, v. Clifford Krause, Appellant.	Motion for reargument of motion for leave to appeal denied.
The People &c. ex rel. Prince Pilgrim, Appellant, v. Gary Greene, as Superintendent of Great Meadow Correctional Facility, Respondent.	Motion for leave to appeal denied.
In the Matter of Red Hook/ Gowanus Chamber of Commerce, Appellant, v. New York City Board of Standards and Appeals, et al., Respondents.	Motion for leave to appeal granted. Motion for a stay denied.
In the Matter of Patrick K. Reynar, Respondent, v. Village of Sloatsburg, et al., Appellants, Special Funds Conservation Committee, Respondent.	Motion for leave to appeal denied.
Obdulio Sandoval, Appellant, v. Raymond P. Martinez, &c. Respondent.	Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Second Department, upon the ground that the constitutional question presented on this direct appeal is not substantial (see, Gerzof v. Gulotta, 40 NY2d 825 [1976]).
Aaron Seligson, et al., as Executors of the Estate of Herbert A. Rothman, Deceased, Respondents, v. Albert Russo, et al., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Peter Stassou, &c., Respondent-Appellant, v. Casini & Huang Construction, Inc., et al., Defendants, Korea Exchange Bank, Appellant-Respondent.	Motions for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Peter Stassou, &c., Respondent, v. Casini & Huang Construction, Inc., Defendant, Peter Casini, Appellant, Korea Exchange Bank, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c. ex rel. Aaron Taylor, Appellant, v. William Lape, Superintendent, Marcy Correctional Facility, Respondent.	Motion for leave to appeal denied.
In the Matter of Amaury Villalobos, Appellant, v. Edwin Felician, &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 proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
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 reargument of motion for leave to appeal denied.
In the Matter of Dominique A.W., et al. --------------------------------- Monroe County Department of Human and Health Services, Respondent; Colleen C.-G., Appellant.	Motion for leave to appeal denied.
James Tyrone Woolfalk, &c. et al., Respondents, v. New York City Housing Authority, Appellant.	Motion for reargument of motion for leave to appeal denied.
John S. Zumpano, Appellant, v. Father James F. Quinn, &c., et al., Respondents.	Motion for reargument granted and, upon reargument, motion for leave to appeal granted. v. Father James F. Quinn, &c., et al., Respondents.