No. 31 In the Matter of David Kaslow, Respondent, v. City of New York, et al., Appellants.

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1 CASES April 0, 04 No. 49 Captain Lori Albunio Appellants, The City of New York, Defendants, Mary D. Dorman, Nonparty- Order, insofar as appealed from, modified, with costs to appellants, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Opinion by Chief Judge Lippman. Judges Graffeo, Read, Smith, Pigott and Rivera concur. Judge Abdus-Salaam took no part. No. 56 Ivan Calaff, Order affirmed. Opinion by Judge Smith. Chief Judge Lippman and Judges Graffeo, Read, Pigott and Rivera concur. Judge Abdus-Salaam took no part. No. 57 Alexander Dockery, Also Known as John Harris, Order affirmed. Opinion by Judge Smith. Judges Graffeo, Read and Pigott concur. Judge Rivera dissents in an opinion in which Chief Judge Lippman concurs. Judge Abdus-Salaam took no part. No. 6 In the Matter of John Kapon, Appellants, William I. Koch, Order affirmed, with costs. Opinion by Judge Pigott. Chief Judge Lippman and Judges Graffeo, Read, Rivera and Abdus-Salaam concur. Judge Smith took no part.

2 No. In the Matter of David Kaslow, City of New York, Appellants. Order reversed, with costs, and petition dismissed. Opinion by Judge Read. Chief Judge Lippman and Judges Graffeo, Smith, Pigott, Rivera and Abdus-Salaam concur. No. 58 Teofilo Lopez,&c., Order reversed and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the opinion herein. Opinion by Judge Smith. Chief Judge Lippman and Judges Graffeo, Read, Pigott and Rivera concur. Judge Abdus-Salaam took no part. No. 55 Reynaldo Perez, Order affirmed. Opinion by Judge Smith. Judges Graffeo, Read and Pigott concur. Judge Rivera dissents in an opinion in which Chief Judge Lippman concurs. Judge Abdus-Salaam took no part. 4 No. 8 SSM 6 Preferred Mutual Insurance Company, John Donnelly, Defendants, Robert Jackson, On review of submissions pursuant to section 500. of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

3 MOTIONS Mo. No In the Matter of Rafael Agosto, Molly Reynolds Fitzgerald, does not finally determine the proceeding within the Mo. No Susan Aranoff, Gerald Aranoff, Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed defendant's appeals from Supreme Court's June 0 order and September 0 judgment, dismissed upon the ground that this Court does not have jurisdiction to entertain a motion from the Appellate Division order dismissing appeals to that court from an order and judgment entered on default (see CPLR 55); motion for leave to appeal otherwise dismissed upon the ground that the remaining portion of the order does not finally determine the action within the Mo. No. 04- BDCM Opportunity Fund II, L.P., Respondents, Yucaipa American Alliance Fund I, L.P. et al., Appellants. Motion, insofar as it seeks leave to appeal as against respondents BDCM Opportunity Fund II, L.P. and Black Diamond CLO 005- Ltd., dismissed upon the ground that as to those respondents the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.

4 4 Mo. No In the Matter of Roberto C., Jr. Sharon W. Respondents, Roberto C., Sr., Mo. No Asheem Cunningham, Gary L. Keehfus Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No The People &c. ex rel. Kareem Fauntleroy, David Rock, &c., Mo. No Kyle R. Faver, Mo. No Flushing Savings Bank, FSB, Pierre Bitar, &c., Defendants. Motion for leave to appeal granted. 4

5 Mo. No Pamela Gallagher, &c., Plaintiff, Long Island Plastic Surgical Group, P.C., Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No Mark Garrett, Motion to strike portions of respondent's brief denied. Mo. No Anthony Grigg, Mo. No Kerry Hatch, Edward Hatch, does not finally determine the action within the 4 Mo. No In the Matter of Daniel Holmes, Brian Fischer, &c., 5

6 Mo. No HSBC Bank USA, National Association, &c., Gregory Sage, Defendants. does not finally determine the action within the Mo. No Jean C. Jacobs, Stephen J. Mazzei Jr., (And A Third-Party Action). Motion for leave to appeal dismissed as untimely (see CPLR 55[b]; 0[b][6]). 4 Mo. No In the Matter of Hannah L. et al. Erie County Department of Social Services, Respondent; Dwayne L., 4 Mo. No In the Matter of Hannah L. et al. Erie County Department of Social Services, Respondent; Amanda L., 6

7 Mo. No Steven Lashway, Motion for leave to appeal granted. Mo. No In the Matter of Jorge L. Linares, Andrea W. Evans, &c., Motion for leave to appeal granted. Mo. No In the Matter of Karen Matseoane, Deceased. Karen Matseoane, Subtle Engineering Company, does not finally determine the proceeding within the Mo. No The People &c. ex rel. Scott Myers, Michael Spitz, Mo. No Roy E. Nelmes, 7

8 Mo. No In the Matter of Rosalie O. (Anonymous). Rozanna M. (Anonymous), Appellants; Rosalie O. (Anonymous), Mo. No Thomas Reede, Mo. No. 04- Gabriel Romero, Mo. No In the Matter of Luis Rosales, Albert Prack, &c., Mo. No In the Matter of Sitara Saleem, Waqar Ahmed Chaudhry, (And Another Proceeding.) 8

9 4 Mo. No Adele Seubert, Plaintiff, John D. Marchioni Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No In the Matter of Walter H. Taurins, Ellen S. Taurins, Motion for reargument of motion for leave to appeal denied. Mo. No In the Matter of Victor K. Thomas, Department of Corrections and Community Supervision, Motion for reconsideration of this Court's January 9, 04 dismissal order denied. Mo. No. 04- In the Matter of Thomas Thomches, Andrea Evans, &c., Mo. No Lisa Thrun Appellants, Andrew M. Cuomo, &c., Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. 9

10 Mo. No In the Matter of Ben Gary Treistman, Suzanne Mary Cayley, (And Another Related Proceeding.) ground that it does not lie (see CPLR 560[a]). Mo. No Vincent Volpe, Hudson View Associates, LLC, Respondents, Defendant. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No In the Matter of Westchester County Correction Officers Benevolent Association, Inc., Kevin M. Cheverko, &c., (Index No. 484/) does not finally determine the proceeding within the Mo. No In the Matter of Westchester County Correction Officers Benevolent Association, Inc., Kevin M. Cheverko, &c., (Index No. 750/) does not finally determine the proceeding within the 0