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| Matter of the
Arbitration between Buffalo Police Benevolent Association, Respondent, -and- City of Buffalo, Appellant. |
Order reversed, with costs, and arbitration award vacated. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. |
| Country Wide Insurance Company, Appellant, v. National Railroad Passenger Corporation, also known as Amtrak, Respondent. Hui Haw So, et al., Plaintiffs. |
Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
| EBC I, Inc., &c ., Respondent, v. Goldman Sachs & Co., Appellant. |
Order modified, without costs, by dismissing the second, fourth and fifth causes of action and, as so modified, affirmed. Certified question answered in the negative. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo and R.S. Smith concur. Judge Read dissents in part in an opinion. |
| The People &c., Respondent, v. Abdel Hamilton, Appellant. |
Order modified by vacating the sentence imposed on defendant's conviction of criminal possession of a weapon in the second degree and remitting to Supreme Court, Bronx County, for resentencing and, as so modified, affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur. |
| The People &c., Appellant, v. Jerry W. Moore, Respondent. |
Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
| Matter of National Gypsum Company, Inc., Respondent, v. Assessor of Town of Tonawanda, et al., Appellants, Kenmore-Tonawanda Union Free School District Board of Education, Intervenor-Respondent. |
Order affirmed, with costs, and certified question answered in the affirmative. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. |
Stichting Ter Behartiging Van de Belangen Van Oudaandeelhouders in Het Kapitaal Van Saybolt International B.V., &c., Appellant-Respondent, v. Philippe S.E. Schreiber, et al., Respondents-Appellants, et al., Third-Party Defendant, et al., Defendants. |
Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur. Chief Judge Kaye took no part. |
| In the Matter of the Liquidation of American Druggists' Insurance Company, &c. --------------------------------- The Superintendent of Insurance of the State of New York, &c., Respondent, v. Denis D. Kenny, 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 Barbara Barrow, Respondent, v. Michael L. Kirksey, Appellant. |
Motion for leave to appeal denied. |
| In the Matter of Michael Burress, Appellant, v. Richard Dennison, Acting Chairman, New York State Division of Parole, 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. Motion for poor person relief dismissed as academic. |
| B.D. Cooke & Partners Limited as Assignee of Citizens Casualty Company of New York (in Liquidation), Respondent, v. Nationwide Mutual Insurance 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. |
| B.M.H. Management, Inc., Respondent, v. 81 & 3 of Watertown, Inc., 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. |
| B.M.H. Management, Inc., Respondent, v. 81 & 3 of Watertown, Inc., et al., Appellants. |
Motion for leave to appeal denied. |
| In the Matter of Johanna
Carlson- Fanelli, Respondent, v. St. Luke's Memorial Hospital Center et al., Appellants. Workers' Compensation Board, Respondent. |
Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. |
| Benny Cohen, Appellant, v. Joseph L. Paul, et al., Defendants, Allstate Insurance Company, Respondent. |
Motion for reargument of motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Sara M. DeFilippo et al., Appellants, v. The Mutual Life Insurance Company of New York et al., Respondents. |
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. |
| In the Matter of Wilfredo Diaz, Appellant, v. Glenn S. Goord, &c., Respondent. |
Motion for leave to appeal denied. |
| In the Matter of Frank Dudish, Appellant, v. New York State Division of Human Rights, et al., Respondents. |
Motion for leave to appeal denied. |
| The People &c., Appellant, v. Faye Dunn, Respondent. |
Motion for assignment of counsel granted and Steven Feldman, Esq., 626 EAB Plaza, West Tower, 6th Floor, Uniondale, NY 11556 assigned nunc pro tunc as counsel to the respondent on the appeal herein. |
| In the Matter of Thomas
J. Evangelista, Appellant, v. Raymond Kelly, as Police Commis- sioner of the City of New York, &c., Respondent. |
Motion for leave to appeal denied. |
| In the Matter of Hon. Michael
H. Feinberg, Surrogate of Kings County. Petitioner, For Review of Determination of State Commission on Judicial Conduct, Respondent. |
Motion by the Surrogate's Association of the State of New York for leave to file a brief amicus curiae on the request for review herein granted and the proposed brief is accepted as filed. |
| Moses Flores, Plaintiff, v. The Lower East Side Service Center, Inc., Third-Party Appellant, v. Procida Realty and Construction Corp., Third-Party Respondent. |
Motion for reargument denied. |
| In the Matter of Brian Latimore, Appellant, v. Millard J. Hyland, &c., et al., Respondents. |
Motion for leave to appeal denied. |
| Edwin Deane Leonard, et al., Appellants, v. James Daly, et al., Respondents. |
Motion for leave to appeal denied. |
| Eduard Lleshanaku et al., Appellants, v. Kenmore Associates, L.P. et al., Respondents. |
Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain this motion for leave to appeal from the order of the Appellate Division where the appeal to the Appellate Division was from an order entered in an appeal from another court (see, NY Const, art VI, § 3[b][7]; CPLR 5602[a]). |
| The People &c. ex rel. Leslie Maize, Appellant, v. Mr. Riley, Respondent. |
Motion for leave to appeal denied. |
| The People &c., Respondent, v. Calvin Moore, Appellant. |
Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein. |
| Frank R. Provenzano, Appellant, v. Yevgeny Ioffe, Defendant, Svetlana Ginzberg, et al., Respondents. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Quality Investors, Ltd., et al., Appellants, v. Lloyd's London, England, &c., Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Marjorie Rosenkrantz, Appellant, v. Harriet M. Steinberg, P.C. et al., Respondents. |
Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied appellant's motion to amend her complaint, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitu- tion; motion for leave to appeal otherwise denied. |
| Barbara Samide, Respondent, v. Roman Catholic Diocese of Brooklyn, et al., Appellants, John Thompson, 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 Sandra
S. (Anonymous), Appellant; Commissioner of Social Services of the City of New York, et al., Respondents. |
Motion for leave to appeal denied. |
| Jill Shuler, et al., Appellants, v. Larry Dupree, 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 action within the meaning of the Constitution. Motion for poor person relief dismissed as academic. |
| Wardell Simon, Jr., Appellant, v. City of Syracuse Police Department, Respondent. |
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. |
| Edward Smith, Appellant, v. Southside Hospital, et al., Respondents. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| In the Matter of Kevin Smith, Appellant, v. Supreme Court, Kings County, &c., et al., Respondents. |
Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Judge Rosenblatt took no part. |
| State Street Bank and Trust Company, &c., Respondent, v. Dortha Coakley, et al., Defendants, Donald MacPherson, 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. |
| Gerard V. Sunnen, Appellant, v. The New York State Department of Health, Board of Professional Medical Conduct, Respondent. |
Motion for leave to appeal denied. |
| In the Matter of Ernest W. Vann, Appellant, v. William J. Callahan, as Administrative Officer, New York State Police, Respondent. |
Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. |
| The People &c., Respondent, v. Matthew Waldron, Appellant. |
Motion for substitution of assigned counsel granted and David J. Wukitsch, Esq., c/o McNamee Lochner Titus & Williams, P.C., 75 State Street, P.O. Box 459, Albany, NY 12201 is assigned in the place and stead of J. Scott Porter, Esq., as counsel to the appellant on the appeal herein. |
| Frances L. Wall, Appellant, v. Town of Niskayuna, Respondent. |
Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. |
| Kim Williams et al., Respondents, v. Rachel LeChase, et al., Appellants, Bibby Electric, Respondent. |
Motion, insofar as it seeks leave to appeal as against Bibby Electric, denied; motion, insofar as it seeks leave to appeal as against the plaintiffs, dismissed upon the ground that as to them, the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution. |
In the Matter of Terrence Q. Williams, Appellant, v. Jill M. Reynolds, Respondent. |
Motion for leave to appeal denied. |