February 19, 2019 CASES. No. 3 In the Matter of James Q.

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1 CASES February 9, 09 No. In the Matter of James Q. Commissioner of the Office for People with Developmental Disabilities, Petitioner; James Q., Suffolk County District Attorney, Order, insofar as appealed from, affirmed, without costs. Opinion by Chief Judge DiFiore. Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. No. 5 Michael Thomas, Order reversed and defendant s motion to set aside sentence denied. Opinion by Judge Stein. Chief Judge DiFiore and Judges Garcia and Feinman concur. Judge Fahey dissents in an opinion in which Judges Rivera and Wilson concur. No. 6 U.S. Bank National Association, &c., DLJ Mortgage Capital, Inc., Order affirmed, with costs. Opinion by Judge J. Rivera. Chief Judge DiFiore and Judges Stein, Fahey, Garry, R. E. Rivera and Sweeny, Jr. concur. Judges Garcia, Wilson and Feinman took no part.

2 No. 7 U.S. Bank National Association, &c., DLJ Mortgage Capital, Inc., Order, insofar as appealed from, affirmed, with costs. Opinion by Judge J. Rivera. Chief Judge DiFiore and Judges Stein, Fahey, Garry, R. E. Rivera and Sweeny, Jr. concur. Judges Garcia, Wilson and Feinman took no part.

3 MOTIONS Mo. No In the Matter of Jerry Adams, Kenneth Thompson, Motion for leave to appeal dismissed upon the ground that this Court does not have jurisdiction to entertain it (see NY Const, art VI, [b]; CPLR 560). Mo. No Susan Aranoff, Gerald Aranoff, Motion for reargument of motion for leave to appeal denied. Mo. No. 08- Morice E. Armstrong, Mo. No In the Matter of Robert B. Bernstein, Appellants, Paul Feiner, &c., Mo. No Davian Brewer,

4 Mo. No In the Matter of Buffalo Teachers Federation, Inc., Mary Ellen Elia, &c., Respondents, Mo. No In the Matter of State of New York, Jefferson CC., Mo. No Michael Chenkin, Public Administrator of New York County, 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. Mo. No In the Matter of Daesang Corporation, The NutraSweet Company, Appellants. Mo. No Alexandros Demetriades, Royal Abstract Deferred, LLC, 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.

5 Mo. No Daniel W. DePerno, Judge Stein took no part. Mo. No FBP 50, LLC, Wells Fargo Bank, National Association, &c., Defendants. Mo. No In the Matter of Gabrielle G. &c. Mike G., Appellant; Catholic Guardian Services, Mo. No. 08- The People &c. ex rel. Ariel Garcia, Anthony Annucci, &c. Motion for leave to appeal dismissed upon the ground that the issues presented have become moot. 5

6 Mo. No In the Matter of Carmela H. Onondaga County Department of Children and Family Services, Respondent; Danielle F., James H., Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the appeal from the portion of the Family Court order as was entered on consent, dismissed upon the ground that such portion of the Appellate Division order is not appealable; motion for leave to appeal otherwise denied. Mo. No. 08- Deon D. Hayes, Mo. No Rosemarie A. Herman, &c., Respondents, Julian Maurice Herman, Appellants, Michael Offit, Defendants. (And a Third-Party Action.) Judge Feinman took no part. Mo. No International Brain Research Foundation, Inc., John A. Cavalier, Motion for reargument of motion for leave to appeal denied. 6

7 Mo. No In the Matter of J.C. Smith, Inc., New York State Department of Economic Development, &c., Motion for a stay dismissed as academic. Mo. No. 08- Raphael James, Mo. No Jerry L. Johnson, State of New York, Motion for leave to appeal dismissed for failure to demonstrate timeliness as required by Rules of the Court of Appeals ( NYCRR 500.[b][]). Mo. No In the Matter of Derick L., &c. Schenectady County Department of Social Services, Respondent; Michael L., (And Nine Other Related Proceedings.) Mo. No William Landahl Appellants, Daniel B. Stein 7

8 Mo. No In the Matter of Chung Li, &c., Deceased. Donald Edward Osborn, Respondent; Chun Ka Luk, &c., Mo. No Patrick Lynch, &c. Appellants, City of New York, Motion for leave to appeal granted. Mo. No William E. Mack, Jr., Ronald Seabrook, (And a Third-Party Action.) Mo. No In the Matter of George Marden, New York State Department of Motor Vehicles, 8

9 Mo. No. 08- Kaitlyn Monaghan, Roman Catholic Diocese of Rockville Centre, Respondents, 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. Mo. No Nationstar Mortgage, LLC, Frederick Vordermeier, Defendants. Mo. No Richard Ortiz, Mo. No. 08- In the Matter of Mishelys R., &c. Garland R., Appellant; Administration for Children's Services, 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 a stay dismissed as academic. 9

10 Mo. No In the Matter of Shadron Rambert, Anthony J. Annucci, &c., Mo. No In the Matter of the Claim of Rosemary Rodriguez, New York City Transit Authority, Workers' Compensation Board, Mo. No Richard Royal, Chief Judge DiFiore took no part. Mo. No In the Matter of Steven A. Saporito, Jennifer K. Ward, Mo. No In the Matter of Jennifer K. Ward, Steven A. Saporito, 0

11 Mo. No. 08- David E. Schmidt, Mo. No. 08- Keith Schoelermann, Mo. No Shawmut Woodworking & Supply, Inc., &c., ASICS America Corporation, Defendants. Mo. No In the Matter of Martin Singer, Deceased. Slade & Newman, LLP Appellants; Daniel Singer Mo. No Lina Sinha,

12 Mo. No Vernon Stanley, Mo. No Russell Lewis Stein, Georgiana Marie Paes, Mo. No In the Matter of the Claim of Londa Torres, St. Luke's Roosevelt Hospital Workers' Compensation Board, Mo. No In the Matter of Vinland Commons, LLC, Building Department of Town of Riverhead, Mo. No In the Matter of J'Min Ward, Craig Brown, &c.,

13 Mo. No. 08- In the Matter of Carl D. Wells, Warden Ada Pressley, Motion for reconsideration of this Court's June 7, 08 dismissal order dismissed as untimely (see Rules of Ct of Appeals [ NYCRR] 500.[b]). Judge Feinman took no part. Mo. No In the Matter of Shamduh Wilson, Kings County District Attorney, Mo. No. 08- In the Matter of Yonkers Firefighters, &c., et al., Appellants, City of Yonkers, Mo. No. 08- In the Matter of City of Yonkers, Yonkers Firefighters, &c., Appellants.