Opinions from January 1, 2004 to December 31, 2004

ordered by date

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December 21, 2004

• 1 No. 174: Timothy Cahill v. The Triborough Bridge and Tunnel Authority
• 1 No. 175: Robert Fleming, et al. v. Rudolph W. Giuliani, &c., et al.
• 3 No. 181: In the Matter of MadisonOneida Board of Cooperative Educational Services v. Richard P. Mills, as Commissioner of Education of the State of New York, et al.
• 4 No. 177: In the Matter of Paul Smith and Janet Smith v. Town of Mendon, Planning Board of Town of Mendon, and Richard Burgwardt, in his official capacity as Chairman of Town of Mendon Planning Board
• 1 No. 178: The People &c. v. Peter Parris

December 16, 2004

• 3 No. 171: George E. Pataki, as Governor of the State of New York v. New York State Assembly, et al.
• USCOA,2 No. 173: U.S. Underwriters Insurance Company v. City Club Hotel, LLC, Shelby Realty, LLC, Forthright Development, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti
• 2 No. 180: The People &c. v. Carlos Prado
• 1 No. 158: In the Matter of R.M. Kliment & Frances Halsband, Architects v. McKinsey & Company, Inc.
• 4 No. 184: The People &c. v. Mark P. Jones

December 2, 2004

• 3 No. 148: In the Matter of City Council of the City of Watervliet et al. v. Town Board of the Town of Colonie
• 1 No. 155: David J. Tonking et al., Plaintiffs, v. The Port Authority of New York and New Jersey, et al. v.
• 1 No. 162: The People &c. v. Ederick Fabricio
• 1 No. 151: The People &c. v. Jose Marrero
• 1 No. 147: Excess Insurance Company Ltd., et al. v. Factory Mutual Insurance Company, &c.
• 2 No. 150: The People &c. v. Simeon Duggins

November 30, 2004

• 1 No. 153: In the Matter of Francisco Felix v. New York City Department of Citywide Administrative Services, et al.
• 2 No. 145: Artemus Lyles v. The State of New York
• 1 No. 152: The People &c. v. Franklin Rodriguez
• 3 No. 146: In the Matter of John A. Graziano, &c. v. County of Albany et al.
• 4 No. 188 SSM 33: James R. Beehner and Anne F. Beehner v. Eckerd Corporation
• 2 No. 156: In the Matter of Word of Life Ministries, Petitioner, v. Nassau County et al. v. In the Matter of Word of Life Ministries
• No. 161: The People &c. v. Peter Inserra

November 23, 2004

• 1 No. 149: The People &c. v. Rene Resek
• 1 No. 157: In the Matter of Michael M., A Person Alleged to be a Juvenile Delinquent v. Presentment Agency
• USCOA,2 No. 141: Donna McGrath, et al. v. Toys "R" Us, Inc.
• 1 No. 160: The People &c. v. John Waver, a/k/a John Weaver
• 2 No. 142: Aldo Rubeis, et al., Plaintiffs, v. The Aqua Club Inc., d/b/a V.I.P. Tennis & Beach Club, Ltd., et al. v.

November 18, 2004

• 3 No. 144: David Lang v. Hanover Insurance Company et al.
• 2 No. 143: Roger Mason, &c. v. Central Suffolk Hospital, et al.
• 2 No. 130: Allen Hyman, et al. v. Queens County Bancorp, Inc. d/b/a Queens County Savings Bank
• 3 No. 154: In the Matter of Malta Town Centre I, Ltd. v. Town of Malta Board of Assessment Review
• 1 No. 167 SSM 35: Diane Bennett v. New York City Transit Authority
• 1 No. 159: In the Matter of 427 West 51st Street Owners Corp. v. Division of Housing and Community Renewal
• 4 No. 163: Sandra Kazel v. Susana Corsello Kazel, as Administrator of the Estate of Robert Kazel, Deceased

October 26, 2004

• USCOA,2 No. 113: Sharwline Nicholson, &c. et al. v. Nicholas Scoppetta, &c., et al.
• 1 No. 115: John J. Sheehy v. Clifford Chance Rogers & Wells LLP, &c.
• 2 No. 126: Rhonda Covington v. Carlton Walker
• 1 No. 129: Paula Forrest v. Jewish Guild for the Blind, et al.

October 21, 2004

• 2 No. 122: The People &c. v. Ana Marie Santi
• 2 No. 136: The People &c. v. Francisco Carranza
• 2 No. 131: Tanya Bonnette, &c. v. Long Island College Hospital, et al.
• 4 No. 132: Mary Miceli v. State Farm Mutual Automobile Insurance Company

October 19, 2004

• 3 No. 117: State of New York v. Speonk Fuel Inc.
• 2 No. 119: In the Matter of Norman D. (Anonymous) v. Commissioner of the New York State Office of Mental Health
• 2 No. 120: The People &c. v. Kenneth H. Payne
• 1 No. 121: The People &c. v. Michael Henriquez
• USCOA,2 No. 82: Blue Cross and Blue Shield of New Jersey, Inc., &c. et al. v. Philip Morris USA Incorporated, et al.

October 14, 2004

• SCJC No. 125: In the Matter of Henry R. Bauer, Judge of the Troy City Court, Rensselaer County. Petitioner, For Review of a Determination of State Commission on Judicial Conduct v.
• 3 No. 114: In the Matter of Catherine G., Individually and as Parent and Guardian of Brittany G. et al., Infants v. County of Essex et al.
• 3 No. 164: In the Matter of Richard A. Gross, et al. v. Albany County Board of Elections
• USCOA,2 No. 116: Carvel Corporation v. Elizabeth A. Noonan, et al.
• 1 No. 124: The People &c. v. Rene Valencia

September 14, 2004

• 2 No. 182 SSM 28: In the Matter of William Schafer et al. v. Edward Reilly, &c., et al.
• No. 183: v.

September 2, 2004

• 4 No. 166 SSM 25: In the Matter of Martha Ferrugia v. New York State Department of Health and Chautauqua County Department of Social Services
• USCOA,2 No. 170: State Farm Mutual Automobile Insurance Co. v. Robert Mallela, et al.

August 31, 2004

• USCOA,2 No. 169: Capitol Records, Inc. v. Naxos America, Inc.
• 4 No. 165 SSM 24: Aleksey Chizh v. Hillside Campus Meadows Associates, LLC

July 1, 2004

• Mo. No. 512 SSD 34: In the Matter of Newsday, Inc. v. Robert D. Morgenthau, &c.
• 1 No. 99: American Transit Insurance Company v. Anthony Sartor
• 1 No. 98: Anthony Abbatiello, Jr., et al. v. Lancaster Studio Associates &c., et al.
• No. 97: In the Matter of Charlene Polan v. State of New York Insurance Department
• 4 No. 81: John N. Zegarelli et al. v. Gregory D. Hughes
• 1 No. 101: In the Matter of Sherman F. Taub, et al. v. Hon. Herbert I. Altman, &c., et al.

June 29, 2004

• 2 No. 100: Perry Frankel v. Karyn Frankel
• 1 No. 102: The People &c. v. Eric Providence
• 3 No. 95: In the Matter of New York Civil Liberties Union v. City of Schenectady, et al.
• 1 No. 96: Anonymous v. Bureau of Professional Medical Conduct/State Board for Professional Medical Conduct, et al.
• 1 No. 137 SSM 20: In the Matter of Leslie Dowleyne, et al. v. New York City Transit Authority

June 24, 2004

• SupC No. 71: The People &c. v. Stephen LaValle
• 2 No. 140 SSM 23: Ivo Stejskal, et al. v. Albert Simons III, et al.
• 3 No. 138 SSM 21: In the Matter of Richard E. Cantwell, as District Attorney of Clinton County v. Kevin K. Ryan, as Acting Judge, County Court of Clinton County
• 3 No. 139 SSM 22: The People &c. v. Rashan Yates

June 10, 2004

• 3 No. 73: Amy N. Holterman v. Robert K. Holterman
• 2 No. 83: Ona Brill et al. v. City of New York
• 3 No. 86: The People &c. v. Gregory P. Cunningham
• No. 87: The People &c. v. Eugene Konieczny
• 3 No. 89: In the Matter of Dominic J. Belmonte, et al. v. Robert R. Snashall, &c., et al.
• 2 No. 135 SSM 18: The People &c. v. Gustavo Reynoso

June 8, 2004

• 3 No. 133 SSM 17: In the Matter of John J. Emmett Jr., et al. v. Town of Edmeston
• 2 No. 134 SSM 13: Harold Davis v. Branford Estates, Ltd., et al.
• 2 No. 88: The People &c. v. Michael Calabria
• 1 No. 84: Louis Dreyfus Energy Corp., et al. v. MG Refining and Marketing, Inc.
• 1 No. 80: Manhattan Eye, Ear & Throat Hospital, et al. v.
• 1 No. 78: Sarah Wolinsky, et al. v. David Leven, Plaintiff, v. Kee Yip Realty Corp.
• 1 No. 76: The People &c. v. Lenworth Aarons

June 3, 2004

• SCJC No. 64: In the Matter of Honorable Joseph J. Cerbone, Justice of the Mount Kisco Town Court, Westchester County, Petitioner, For Review of a Determination of State Commission on Judicial Conduct v.
• No. 72: Amnon Goldstein v. AccuScan, Inc., et al.
• 4 No. 74: Signature Realty, Inc. v. Tim Tallman, doing business as Tallman's Tire and Auto Service
• 2 No. 75: In the Matter of ATM One, LLC v. Ana Landaverde
• 1 No. 77: The People &c. v. Patricio Linares
• 1 No. 79: In the Matter of Lillian Roberts, &c., et al. v. John J. Murphy, &c., et al.
• 3 No. 85: In the Matter of Town of Southampton v. New York State Public Employment Relations Board et al.

May 13, 2004

• 1 No. 46: Denise Hanford v. Plaza Packaging Corp., et al.
• 2 No. 49: Bower Associates v. Town of Pleasant Valley et al.
• 2 No. 53: Jacqueline Galindo, &c. v. Town of Clarkstown
• 3 No. 57: In the Matter of Carol A. Wilson et al. v. Linda A. McGlinchey et al.
• 2 No. 60: The People &c. v. Michael Wheeler
• 3 No. 90: Local Government Assistance Corporation et al. v. Sales Tax Asset Receivable Corporation et al.
• 1 No. 108 SSM 15: Star City Sportswear, Inc. v. The Yasuda Fire & Marine Insurance Company of America
• 2 No. 110 SSM 16: In the Matter of Korean Joong Bu Presbyterian Church of New York, &c. v. Incorporated Village of Old Westbury, et al.

May 11, 2004

• No. 111: v.
• USCOA,2 No. 112: U.S. Underwriters Insurance Company v. City Club Hotel, LLC, Shelby Realty, LLC, Forthright Development, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti
• 2 No. 13: Bertha Williams, &c., et al. v. City of New York
• 2 No. 48: In the Matter of Notre Dame Leasing, LLC v. Alexandra Rosario, et al.
• 1 No. 55: The People &c. v. Ramon Aponte
• 2 No. 62: In the Matter of Robert J. (Anonymous) v. In the Matter of Kareem R. (Anonymous)
• 1 No. 109 SSM 14: Enisa Zanki, et al. v. Gerald K. Cahill, et al.
• 2 No. 107 SSM 11: Maria Victoria Anglero, &c. v. New York City Board of Education

May 6, 2004

• 2 No. 51: Joseph Bruni v. City of New York
• 2 No. 52: The People &c. v. Israel Nieves
• 1 No. 54: Ram Krishna Maheshwari, et al. v. The City of New York et al.
• 2 No. 58: In the Matter of Real Holding Corp. v. et al., Petitioner, v. Alan Lehigh, et al.
• 4 No. 106 SSM 10: Christopher Colarossi v. University of Rochester
• 1 No. 105 SSM 12: In the Matter of Victor Rodriguez-Rivera, &c. v. Raymond Kelly, &c., et al.
• 2 No. 104 SSM 8: In the Matter of Richard Kreisler v. New York City Transit Authority

May 4, 2004

• 1 No. 18: The People &c. v. Ricky Mitchell
• 0SCOA,2 No. 22: Paul A. Krohn v. Alli Katt
• 2 No. 47: In the Matter of Headriver, LLC v. Town Board of the Town of Riverhead
• 2 No. 59: In the Matter of Gregory Pecoraro v. Board of Appeals of Town of Hempstead
• 2 No. 61: The People &c. v. Clayton Stultz
• 2 No. 103 SSM 3: In the Matter of Inlet Homes Corp. v. Zoning Board of Appeals of Town of Hempstead

April 6, 2004

• 3 No. 28: In the Matter of Excellus Health Plan, Inc. v. Gregory V. Serio, as Superintendent of Insurance
• 4 No. 41: The People &c. v. Anthony A. Lewis
• 1 No. 42: The People &c. v. Jamal Massie
• 2 No. 43: The People &c. v. Corey Jones
• 4 No. 93 SSM 5: In the Matter of Maison Scahill v. Greece Central School District
• 3 No. 92 SSM 7: In the Matter of Dale Malone, Claimant, v. Bob Bernhardt Paving et al. v. Workers' Compensation Board

April 1, 2004

• 2 No. 26: RJC Realty Holding Corp., d/b/a Pure Maximus Spa/Salon v. Republic Franklin Insurance Company, Utica National Insurance Group
• 2 No. 30: Karen Broadnax et al. v. Frederick A. Gonzalez, et al.
• 3 No. 35: In the Matter of General Electric Capital Corporation v. New York State Division of Tax Appeals, Tax Appeals Tribunal, et al.
• 2 No. 39: The People &c. v. Eugene Hicks
• 1 No. 40: The People &c. v. Kenneth Smith
• 3 No. 91 SSM 4: In the Matter of Stanley Moore v. Brion D. Travis, &c.

March 30, 2004

• 3 No. 27: In the Matter of Hertz Corporation v. Commissioner of Labor
• 2 No. 29: New York Telephone Company v. Nassau County, et al.
• 1 No. 37: The People &c. v. Dexter Hemmings
• No. 44: The People &c. v. Dana W. Tyler
• 1 No. 32: In the Matter of Classic Realty LLC, &c. v. New York State Division of Housing and Community Renewal
• 3 No. 34: New York State Association of Nurse Anesthetists v. Antonia C. Novello, as Commissioner of Health, et al.

March 25, 2004

• 1 No. 25: The Vermont Teddy Bear Co., Inc. v.
• 4 No. 45: The People &c. v. Walter Gonzalez
• 2 No. 23: Maria Nancy Pelaez, &c., et al. v. Laura Seide, et al.
• 1 No. 38: The People &c. v. Edward Williams
• 1 No. 36: In the Matter of Citineighbors Coalition of Historic Carnegie Hill, &c., et al. v. The New York City Landmarks Preservation Commission, et al.

February 24, 2004

• 2 No. 15: John Chambers, et al. v. Old Stone Hill Road Associates et al.
• 1 No. 4: Ray Evans, et al. v. Famous Music Corporation
• 4 No. 5: MetLife Auto & Home, &c. v. Joe Basil Chevrolet, Inc., et al.
• CoCt No. 21: The People &c. v. Angel Mateo

February 19, 2004

• 4 No. 16: Allstate Insurance Company, as Subrogee of Amy M. Walker v. Daniel J. Stein
• 2 No. 14: In the Matter of Legion of Christ, Incorporated v. Town of Mount Pleasant, &c., et al.
• USCOA,2 No. 70: Donna McGrath, et al. v. Toys "R" Us, Inc.
• 1 No. 9: Banco Popular North America v. Victory Taxi Management, Inc.
• 2 No. 68 SSM 30: The People &c. v. Byron Shelton
• 3 No. 3: In the Matter of Alijah C., et al., Alleged to be Abused and/or Neglected Children. Chemung County Department of Social Services v. Anita C.

February 17, 2004

• 4 No. 12: Andrea Collier, as Parent and Natural Guardian for Matthew Collier, an Infant v. Charles Zambito and Mary Zambito
• 2 No. 1: Longwood Central School District v. Springs Union Free School District
• 4 No. 20: The People &c. v. Patrice Smith
• 2 No. 6: In the Matter of K. L. (Anonymous) v. Glenn Martin, &c.
• 1 No. 69 SSM 2: Joyce Waldon v. Little Flower Children's Service, et al.
• 2 No. 19: The People &c. v. Christopher Slavin

February 12, 2004

• 3 No. 11: In the Matter of Donald P. Guido v. Glenn S. Goord, &c., et al.
• USCOA,2 No. 2: v.
• 2 No. 7: Aspro Mechanical Contracting, Inc., et al. v. Fleet Bank, N.A.
• 1 No. 8: In the Matter of Neil D. Levin, as Superintendent of Insurance of the State of New York v. National Colonial Insurance Company
• 2 No. 67 SSM 1: In the Matter of Silvan Tagliaferri, d/b/a Castle Hill Homes v. Charles G. Weiler, et al.
• 1 No. 66 SSM 29: In the Matter of Michael Chang v. Glenn S. Goord, &c., et al.

January 12, 2004

• 1 No. 65 SSM 32: The People &c. v. Shaban Celaj
• 1 No. 17 SSM 31: The People &c. v. Ezekiel Kollar
• 4 No. 10 SSM 28: Randall D. Dailey, Sr. and Connie R. Dailey v. Patricia Keith and Timothy Keith