CASES April 7, 05 No. Darius Dubarry, Order modified by remitting to Supreme Court, Kings County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Rivera. Chief Judge Lippman and Judges Abdus-Salaam and Stein concur. Judge Pigott dissents in part in an opinion in which Judges Read and Fahey concur. No. 50 Rebecca Guthrie, Order reversed, defendant's motion to suppress denied and case remitted to Village Court, Village of Newark, for further proceedings in accordance with the opinion herein. Opinion by Judge Stein. Chief Judge Lippman and Judges Read, Pigott, Abdus-Salaam and Fahey concur. Judge Rivera dissents in an opinion. No. 5 In the Matter of Edwin Lopez, Andrea Evans, &c., Order affirmed, without costs. Opinion by Judge Pigott. Chief Judge Lippman and Judges Read, Rivera, Abdus-Salaam, Stein and Fahey concur. No. 5 Kharye Jarvis, Order affirmed, in a memorandum. Chief Judge Lippman and Judges Read, Rivera, Abdus-Salaam and Stein concur. Judge Pigott dissents in an opinion. Judge Fahey took no part.
No. 0 SSM 8 In the Matter of Anthony J. Russo, New York City Department of Education, On review of submissions pursuant to section 500. of the Rules, order insofar as appealed from reversed, with costs, New York City Department of Education's cross motion to dismiss the petition granted in its entirety, and certified question answered in the negative. We cannot say that "the penalty of [termination]... shocks the judicial conscience" (Matter of Kelly v Safir, 96 NYd, 0 [00]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. of Towns of Scarsdale & Mamaroneck, Westchester County, NYd, -5 [97]). Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur. No. Paul Williams, Order reversed and a new trial ordered. Opinion by Judge Fahey. Chief Judge Lippman and Judges Read, Rivera and Stein concur. Judge Abdus-Salaam dissents in an opinion in which Judge Pigott concurs.
MOTIONS Mo. No. 05-76 In the Matter of State of New York, Abdul A. (Anonymous), Mo. No. 05-5 Maureen Adler, QPI-VIII, LLC, Respondents. Motion for leave to appeal granted. Mo. No. 05-67 Rafia Ahmed, &c., John Pannone, &c., 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. 05-95 Taliv Ali, State of New York, On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. 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. 05-6 Eloy Andrade, Mo. No. 05-8 In the Matter of County of Chemung, Nirav R. Shah, &c., Motion for leave to appeal granted. Judge Stein took no part. Mo. No. 05-86 Calvin Dallas, Mo. No. 05-7 John A. Deep, David Boies Defendant. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Stein took no part. Mo. No. 05-9 Thomas Dixon,
Mo. No. 05- Thomas Frazier, Mo. No. 05-8 In the Matter of John Hogan, Department of Corrections and Community Supervision, Respondents. Motion for reargument denied. Judges Stein and Fahey took no part. Mo. No. 05-6 Mohammed Khan, Mo. No. 05-55 In the Matter of Shahin Khoshneviss, Property Clerk of New York City Police Department, Mo. No. 05- In the Matter of Lazy Acres Park, LLC, Paul Ferretti, 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 entered in this proceeding commenced in Town Court (see NY Const, art VI, [b][7]; CPLR 560[a]). Judge Fahey took no part. 5
Mo. No. 05-69 In the Matter of Lazy Acres Park, LLC, Paul Ferretti, Motion by the National Consumer Law Center, et al. for leave to appear amici curiae on the motion for leave to appeal herein granted and the brief is accepted as filed. Judge Fahey took no part. Mo. No. 05-77 In the Matter of Ryan LL., &c. Stephen A. Pechenik, &c., Respondent; Ryan LL., Mo. No. 05-75 In the Matter of Bernice Malcolm, New York State Department of Labor, Respondents. Judge Fahey took no part. Mo. No. 05-56 Yeremia Maroutian, Jacob Fuchs, Defendant, Games and Economic Behavior, Mo. No. 05-69 William Morgan, 6
Mo. No. 05-0 In the Matter of Denis Pinot, Straight Line Construction Corporation of New York, Technology Insurance Company, Workers' Compensation Board, Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Stein took no part. SSD 9 PS 57 Lofts LLC, Kimberly Austin, Appeal dismissed without costs, by the Court sua sponte, upon the ground that this Court does not have jurisdiction to entertain the appeal (NY Const, art VI, ; CPLR 560). Judges Stein and Fahey took no part. Mo. No. 05-77 PS 57 Lofts LLC, Kimberly Austin, Motion, insofar as it seeks reargument, denied; motion, insofar as it seeks leave to appeal, dismissed upon the ground that this Court does not have jurisdiction to entertain the motion (NY Const, art VI, ; CPLR 560). Judges Stein and Fahey took no part. Mo. No. 05-7 Kenneth Ramsey, 7
Mo. No. 05-8 Mark Ray, Mo. No. 05-97 Dennis B. Schlenker, Salvatore Cascino, Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No. 05-60 Zenica Segerman, Lutheran Medical Center, Respondents. Motion for reargument of motion for leave to appeal denied. Judges Stein and Fahey took no part. Mo. No. 05-9 In the Matter of County of St. Lawrence, Nirav R. Shah, &c., (And Two Other Related Proceedings.) Motion for leave to appeal granted. Judge Stein took no part. Mo. No. 05-0 In the Matter of Synergy, LLC Appellants, Susan Kibler, &c., Wyoming Central School District, Intervenor- Motion, insofar as it seeks leave to appeal from the Appellate Division order affirming the Supreme Court judgment, denied; motion, insofar as it seeks leave to appeal from the other Appellate Division order, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution. 8
Mo. No. 05-5 In the Matter of Synergy, LLC Appellants, Susan Kibler, &c., Wyoming Central School District, Intervenor- Motion by the Commissioner of Agriculture and Markets for leave to appear amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed. Mo. No. 05-80 Delfino Tamares, Mo. No. 05- Vincent Tarantino, Queens Ballpark Company, LLC, Defendant. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No. 05-9 U.W. Marx, Inc., Koko Contracting, Inc., ----------------------------- Koko Contracting, Inc., U.W. Marx, Inc., Appellants, Defendant. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. 9
Mo. No. 05-9 Drew M. VeRost Mitsubishi Caterpillar Forklift America, Inc., Defendants, Nuttall Gear, 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. Mo. No. 05-8 Rahmel Walker, Mo. No. 05-87 In the Matter of Masao Yonamine, New York City Police Department, Respondents. On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Mo. No. 05-8 In the Matter of George Zouvelos, The New York State Department of Financial Services, 0