State of New York
@ourt of €lppesls
I)eclslons November 24,2020
CASES
1 No. 77 0rder affirmed, with costs.
Jin Ming Chen, Opinion by Chief Judge DiFiore.
Appellant, Judges Rivera, Stein, Garcia and Feinman concur.
Judge Fahey dissents in an opinion.
lnsurance Company of the State of Judge Wilson dissents in a separate dissenting
Pennsylvania, opinion.
Respondent.
3 No.96 SSM 27 On review of submissions pursuant to section 500.1 I
The People &c., of the Rules, order affrrmed, in a memorandum.
Respondent, ChiefJudge DiFiore and Judges fuverq Stein, Fahey,
Garcia and Feinman concur.
Michael Edwards, Judge Wilson dissents in an opinion.
Appellant.
4 No.81 Order, insofar as appealed from, affirmed.
The People &c., Opinion by Judge Feinman.
Appellant, Chief Judge DiFiore and Judges Stein and Wilson
concur.
B enito Lendof-G orzalez, Judge Rivera dissents in an opinion in which Judges
Respondent. Fahey and Garcia concur.
I No. 80 Order reversed, with costs, and case remitted to the
Sutton 58 Associates LLC, Appellate Division, First Department, for
Appellant, consideration of issues raised but not determined on
the appeal to that Court.
Philip Pilevsky, et al., Opinion by Judge Stein.
Respondents. Chief Judge DiFiore and Judges Wilson and Feinman
concur.
Judge Rivera dissents and votes to affrrm in an
opinion in which Judges Fahey and Garcia concur.
1 No. 40 Order affirmed, with costs.
The Trustees of Columbia University in the Opinion by Judge Rivera.
City of New York, Judges Fahey, Garcia and Feinman concur.
Appellant, Chief Judge DiFiore dissents in an opinion in which
v. Judges Stein and Wilson concur.
D'Agostino Supermarkets, Inc.,
Respondent.
2
MOTIONS
3 Mo. No. 2020-630 Motion for leave to appeal denied with one hundred
In the Matter of the Arbitration between dollars costs and necessary reproduction
Alliance Masonry Corp., disbursements.
Appellant;
Corning Hospital,
Respondent.
(And Another Proceeding.)
3 Mo. No. 2020-640 Motion for leave to appeal denied with one hundred
In the Matter of James H. Alverson, dollars costs and necessary reproduction
Appellant, disbursements.
v.
Albany County et al.,
Respondents.
2 Mo. No. 2020-646 Motion for leave to appeal denied with one hundred
Donna Athenas, dollars costs and necessary reproduction
Appellant, disbursements.
v.
Simon Property Group, LP, et al.,
Respondents,
et al.,
Defendants.
2 Mo. No. 2020-671 On the Court's own motion, appeal dismissed,
The People &c., without costs, upon the ground that no civil appeal
Respondent, lies from the order entered in this criminal action
v. (see NY Const, art VI, § 3 [b]; CPLR 5601; CPL
Hillary Best, 450.90).
Appellant. Motion for poor person relief dismissed as academic.
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4 Mo. No. 2020-624 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Chellsie Blue,
Appellant.
4 Mo. No. 2020-593 Motion for leave to appeal granted.
David M. Bonczar,
Appellant,
v.
American Multi-Cinema, Inc., &c.,
Respondent.
4 Mo. No. 2020-610 Motion for leave to appeal denied.
Nancy J. Brady et al.,
Appellants,
v.
Timothy J. Contangelo,
Respondent.
1 Mo. No. 2020-666 Motion for leave to appeal dismissed upon the
Tracy Braithwaite, et al., ground that the order sought to be appealed from
Plaintiffs, does not finally determine the actions within the
Kashan Robinson, et al., meaning of the Constitution.
Appellants,
v.
Greenhouse, et al.,
Defendants,
John Bakhshi,
Respondent.
(And Another Action.)
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3 Mo. No. 2020-648 Motion, insofar as it seeks leave to appeal from so
In the Matter of David A. Burr, much of the Appellate Division order as dismissed
Appellant, the appeal from the Supreme Court orders denying
v. motions for reconsideration, dismissed upon the
New York State Department of Corrections ground that such portion of the order does not finally
and Community Supervision et al., determine the proceeding within the meaning of the
Respondents. Constitution; motion for leave to appeal otherwise
denied.
3 Mo. No. 2020-650 Motion for leave to appeal denied with one hundred
In the Matter of Prasad Chalasani, dollars costs and necessary reproduction
Appellant, disbursements.
v.
MaryEllen Elia, &c., et al.,
Respondents.
Mo. No. 2020-627 Motion for leave to appeal dismissed upon the
The People &c., ground that this Court does not have jurisdiction to
Respondent, entertain the motion from the order of the Appellate
v. Term (see CPLR 5602 [a]).
Marcos Correa, Motion for poor person relief dismissed as academic.
Appellant.
3 Mo. No. 2020-625 Motion for leave to appeal denied with one hundred
In the Matter of Dry Harbor Nursing Home, et dollars costs and necessary reproduction
al., disbursements.
Appellants,
v.
Howard Zucker, &c., et al.,
Respondents.
1 Mo. No. 2020-615 Motion for leave to appeal denied with one hundred
East of Hudson Rail Freight Task Force, Inc., dollars costs and necessary reproduction
Appellant, disbursements.
v.
Port Authority of New York and New Jersey,
Respondent.
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3 Mo. No. 2020-622 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Richard Henry,
Appellant.
2 Mo. No. 2020-613 Motion for leave to appeal denied with one hundred
In the Matter of Rawl A. Jones, dollars costs and necessary reproduction
Appellant, disbursements.
v.
New York City Transit Authority,
Respondent.
Mo. No. 2020-678 Motion for leave to appeal dismissed upon the
Carlos Jule, ground that it does not lie (see CPLR 5602 [a]).
Appellant,
v.
Orseck Law Offices, PLLC, et al.,
Respondents.
1 Mo. No. 2020-634 Motion for leave to appeal dismissed upon the
In the Matter of Yu Chan Li, ground that the order sought to be appealed from
Appellant, does not finally determine the proceeding within the
v. meaning of the Constitution.
New York City Landmarks Preservation
Commission,
Respondent.
1 Mo. No. 2020-617 Motion for leave to appeal denied with one hundred
In the Matter of Patrick J. Lynch, &c. et al., dollars costs and necessary reproduction
Appellants, disbursements.
v.
New York City Civilian Complaint Review
Board et al.,
Respondents.
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2 Mo. No. 2020-737 Motion for reargument of motion for leave to appeal
Nella Manko, denied.
Appellant, Motion for poor person relief dismissed as academic.
v. Chief Judge DiFiore took no part.
Lenox Hill Hospital,
Respondent.
2 Mo. No. 2020-667 Motion for leave to appeal denied.
Kevin McCarthy et al.,
Appellants,
v.
City of New York, et al.,
Respondents.
4 Mo. No. 2020-636 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Gerald J. Ortiz,
Appellant.
2 Mo. No. 2020-626 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Melvin Patterson,
Appellant.
2 Mo. No. 2020-675 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
John Ramos,
Appellant.
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2 Mo. No. 2020-720 Motion for leave to appeal dismissed upon the
G. Steven Reingold, ground that the order sought to be appealed from
Respondent, does not finally determine the action within the
v. meaning of the Constitution.
Barbara Bowins,
Appellant.
2 Mo. No. 2020-701 Motion for reargument of motion for leave to appeal
In the Matter of Yon Renee Woodson denied.
Awoonor Renner,
Appellant,
v.
Ernest Awoonor Renner,
Respondent.
(And Other Proceedings.)
2 Mo. No. 2020-619 Motion for leave to appeal denied.
In the Matter of Elijah Rivera, Motion for poor person relief dismissed as academic.
Respondent,
v.
Miguel Diaz,
Appellant.
3 Mo. No. 2020-549 On the Court's own motion, appeal dismissed,
Roman Catholic Diocese of Albany, et al., without costs, upon the ground that no substantial
Appellants, constitutional question is directly involved.
v. Motion for leave to appeal denied with one hundred
Maria T. Vullo, &c. et al., dollars costs and necessary reproduction
Respondents, disbursements.
et al., Chief Judge DiFiore and Judges Rivera, Stein,
Defendants. Garcia, Wilson and Feinman concur.
(And Another Related Action.) Judge Fahey dissents and votes to retain the appeal.
2 Mo. No. 2020-691 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Marcelo Sanchez Del-Carmen,
Appellant.
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4 Mo. No. 2020-674 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Richard L. Scott,
Appellant.
4 Mo. No. 2020-618 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Hector Serrano,
Appellant.
1 Mo. No. 2020-680 Motion for leave to appeal dismissed upon the
Charlene Smoot, ground that the order sought to be appealed from
Respondent, does not finally determine the action within the
v. meaning of the Constitution.
Rite Aid, et al.,
Appellants,
et al.,
Defendants.
(And Third-Party Actions.)
2 Mo. No. 2020-638 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Luis Soto,
Appellant.
2 Mo. No. 2020-649 Motion for leave to appeal denied.
The People &c., Motion for poor person relief dismissed as academic.
Respondent,
v.
Ferdinand Taylor,
Appellant.
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4 Mo. No. 2020-689 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Chester J. Thomas,
Appellant.
4 Mo. No. 2020-635 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Wilbert Wilson, Jr.,
Appellant.
2 Mo. No. 2020-665 Motion for leave to appeal denied.
The People &c.,
Respondent,
v.
Osvin Zapata,
Appellant.
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