Court of Appeals Decision List
Decided June 9, 2005
Cases
In the Matter of Best Payphones, Inc., Appellant, v. Department of Information Technology and Telecommunications of City of New York, Respondent.	Order affirmed, with costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Deborah Buchholz, &c., Appellant, v. Trump 767 Fifth Avenue, LLC, 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.
In the Matter of Newsday, Inc., Respondent, v. State Department of Transporta- tion, Appellant.	Order affirmed, with costs. Opinion by Judge R.S. Smith. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.
Amarnauth Outar et al., Respondents, v. City of New York, Appellant.	On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs. The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240(1)'s protection, and the dolly was an object that required securing for the purposes of the undertaking (cf. Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001]). Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
The People &c., Respondent, v. William Rivera, Appellant.	Order affirmed. Opinion by Judge Rosenblatt. Judges G.B. Smith, Graffeo, Read and R.S. Smith concur. Chief Judge Kaye dissents in an opinion in which Judge Ciparick concurs. Judge Ciparick dissents in an opinion in which Chief Judge Kaye concurs.
In the Matter of Town of Riverhead, Appellant, Edward Densieski, Petitioner, v. New York State Board of Real Property Services et al., Respondents.	Judgment affirmed, with costs. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.
The People &c., Appellant, v. Norris Williams, Respondent.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge R.S. Smith concurs in result in an opinion.
Motions
The People &c., Respondent, v. Michael Barton, 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.
Kenneth Bergstol, Appellant, v. Town of Monroe, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Gregory C., Appellant, v. Nyree S., Respondent.	Motion for leave to appeal denied.
In the Matter of Emilio Conciatori et al., Appellants, v. Office of Secretary of State, et al., Respondents. --------------------------------- (And Another Proceeding).	Motion for leave to appeal denied.
Edith R. Damon, Appellant, v. Fleet Bank, et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Elizabeth Donahue, Appellant, v. Nassau County Healthcare Corporation, Respondent, et al., Defendants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Chrysoula Frangos, Appellant, v. The New York State Division of Housing and Community Renewal, et al., Respondents.	Motion for leave to appeal denied.
Albert Goetz-Haddad, Appellant, v. Steven Worthman, 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.
The People &c. ex rel. Santos Gonzalez, Appellant, v. William E. Phillips, &c., Respondent.	Motion, insofar as it seeks leave to appeal from the February 2005 Appellate Division order, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
In the Matter of Hasaun Grigger, Appellant, v. New York State Division of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Qurrise C. Harris, Appellant, v. Niagara Falls Board of Education, et al., Respondents.	Motion for leave to appeal granted.
The People &c. ex rel. Tyrone Jackson, Appellant, v. Frank J. Tracey, Superintendent, Downstate Correctional Facility, Respondent.	Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that denied appellant's motion for poor person relief &c., dismissed upon the ground that such part of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.
Avery Knox, Appellant, v. HSBC Bank, USA, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Elvin Lebron, Appellant, v. Philip V. Donahue, 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.
In the Matter of Elvin Lebron, Appellant, v. New York City Department of Corrections Deputy Commissioner Sandra Lewis Smith 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.
In the Matter of Elvin Lebron, Appellant, v. Sandra Lewis Smith, &c., 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.
In the Matter of Peter LePore, 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.
In the Matter of N.R.W. --------------------------------- Monroe County Department of Social Services, Respondent; Carmellita I., Appellant.	Motion for leave to appeal denied.
Michael O'Connell et al., Respondents, v. Harbei Communications, Inc. et al., &c., Appellants.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Robert O'Connor, 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 Virginia M. O'Halpin, Appellant, v. New York State Comptroller et al., Respondents.	Motion for leave to appeal denied.
Olawunmi Oyebola, Appellant, v. Roman Makuch, 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.
In the Matter of Mark B. Pangburn, Appellant, v. Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondent.	Motion for leave to appeal denied.
In the Matter of Rosalinda R., also known as Roslinda M. --------------------------------- Monroe County Department of Social Services, Respondent; Juan R.-P., Appellant.	Motion for leave to appeal denied.
In the Matter of Scott Schaffrick, Appellant, v. New Paltz Police Department et al., Respondents.	Motion for leave to appeal denied.
Secco Electric Corporation, Appellant, v. Peter S. Kalikow, Chairman of the State of New York Metropolitan Transportation Authority, et al., Respondents.	Motion for leave to appeal denied.
Lynn Tenenbaum, et al., Appellants, v. Best 21 Ltd., &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Willie Thornton, Appellant.	Motion for leave to appeal denied.
Milagros Tsadilas, Appellant, v. Providian National Bank, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Ernest B. Turner, Appellant, v. Richard Canale et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Leslie Ann W., Appellant, v. Noah Alexander B., Respondent.	Motion for leave to appeal dismissed upon the ground that it does not lie (see, NY Const, art VI, § 3[b]; CPLR 5602). Motion for a stay &c. dismissed as academic.