CASESNo. 57 The People &c., Res, v. Emmanuel Almonte, App — Order affirmed, in a memorandum.Judges Stein, Fahey, Garcia and Feinman concur. Judge Rivera dissents in an opinion. Judge Wilson dissents in a separate dissenting opinion.Chief Judge DiFiore took no part.No. 54 The People &c., App, v. Arthur W. Ellis Jr., Res — Order affirmed.Opinion by Judge Fahey.Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur.No. 80 SSM 13 The People &c., Res, v. Rayheame Hill, App — On review of submissions pursuant to section 500.11of the Rules, order affirmed, in a memorandum.Chief Judge DiFiore and Judges Stein, Garcia and Feinman concur. Judge Fahey dissents in an opinion in which JudgesRivera and Wilson concur.No. 58 The People &c., Res, v. James R. McIntosh, App — Order affirmed, in a memorandum.Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.No. 56 In the Matter of Wegmans Food Markets, Inc., Res, v. Tax Appeals Tribunal of the State of NewYork, Res, Commissioner of Taxation and Finance of the State of New York, App — Judgment reversed, with costs, determination of respondent Tax Appeals Tribunal of the State of New York confirmed and petition dismissed.Opinion by Judge Feinman.Chief Judge DiFiore and Judges Rivera and Garcia concur. Judge Stein concurs in result in an opinion. Judge Fahey dissents in an opinion. Judge Wilson dissents in a separate dissenting opinion.MOTIONSMo. No. 2019-376 In the Matter of Ally Financial, Inc., Res, v. All County Towing and Recovery, App, et al., Res — 3 Motion for leave to appeal denied.Mo. No. 2019-462 The People &c., Res, v. Derrell Austin, App — Motion for leave to appeal denied.Motion for poor person relief dismissed as academic.Mo. No. 2019-457 Bank of NY, Res, v. Heather Y. Harper, App — 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. 2019-436 In the Matter of Anthony E. Berg, App, v. Mary E. Berg, Res — Motion for reargument of motion for leave to appeal denied.Mo. No. 2019-432 Emily Berger, &c., et al., Apps, et al., Plaintiffs, v. Prospect Park Residence, LLC, et al., Defendants, New York State Department of Health, et al., Ress.2 Motion for leave to appeal denied.Mo. No. 2019-392 In the Matter of Matthew Boder, Res, v. James P. O’Neill, &c., et al., Apps.1 Motion for leave to appeal denied.Mo. No. 2019-447 Stephen Bradley, Res, v. William Penn Life Insurance Company ofNew York, App, et al., Defendant.Motion for leave to appeal denied with one hundreddollars costs and necessary reproductiondisbursements.Mo. No. 2019-405 In the Matter of Dennis Brennan, App, v. Michael C. Green, &c. et al., Ress.Motion for leave to appeal denied.Motion for a stay dismissed as academic.Mo. No. 2019-372 The People &c., Res, v. Robert J. Caleb, App — 4 Motion for leave to appeal denied.Mo. No. 2019-417 The People &c., Res, v. Chad Dworkowitz, App — Motion for leave to appeal denied.Motion for poor person relief dismissed as academic.Mo. No. 2019-438 The People &c., Res, v. Michael Eisenberg, App — Motion for leave to appeal denied.Chief Judge DiFiore took no part.Mo. No. 2019-435 In the Matter of Will of Sydney H. Fields, Deceased.Richard Fields, App, v. Diana Palmeri, Res — 1 Motion for reargument denied.Mo. No. 2019-441 In the Matter of Trevis L. Funches, App, v. State of New York Department of Correctionsand Community Supervision, Res — Motion for reargument of motion for leave to appeal denied.Mo. No. 2019-348 Greenport Group, LLC et al., Apps, v. Town Board of the Town of Southold, Res — Motion for leave to appeal denied with one hundreddollars costs and necessary reproductiondisbursements.Mo. No. 2019-307 In the Matter of Zebadiah Hart, App, v. Anthony Rodriguez, &c., Res — 3 Motion for leave to appeal denied.Mo. No. 2019-413 Xue Jie He, App, v. Guttenberg NJ Police, et al., Ress.Motion for leave to appeal dismissed upon the ground that it does not lie (see NY Const, art VI, § 3).Motion for poor person relief dismissed as academic.Mo. No. 2019-423 High Value Trading, LLC, et al., Ress, v. Jack Shaoul et al., Apps.Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.Mo. No. 2019-402 The People &c., Res, v. Kenneth Houck, App — Motion for leave to appeal denied.Motion for poor person relief dismissed as academic.Mo. No. 2019-375 In the Matter of HVT, Inc., Res, v. All County Towing and Recovery, App, et al., Res — 3 Motion for leave to appeal denied.Mo. No. 2019-350 In the Matter of Richard Kleinknecht et al., Ress, v. James Siino, &c., App — Motion for leave to appeal denied with one hundreddollars costs and necessary reproduction disbursements.Mo. No. 2019-387 In the Matter of Natalie Krodel, Res, v. Amalgamated Dwellings Inc., App, et al., Ress.Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.Mo. No. 2019-399 Metrosearch Recoveries, LLC, App, v. City of New York, et al., Ress.1 Motion for leave to appeal denied.Mo. No. 2019-419 Jill Meyer, &c., App, v. State of New York Office of Mental Health, Res, et al., Defendants.Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.Mo. No. 2019-422 Marva Nelson, &c., App, v. New York City Transit Authority et al., Ress, et al., Defendant.Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.Mo. No. 2019-391 Vinod Patel, App, v. State of New York, Res — Motion for leave to appeal denied.Motion for poor person relief dismissed as academic.Mo. No. 2019-434 Kevin Phillip, App, v. State of New York, Res — 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.Motion for poor person relief dismissed as academic.Mo. No. 2019-479 In the Matter of Regina Metropolitan Co., LLC, Res, v. New York State Division of Housing and Community Renewal, App, Leslie E. Carr et al., Intervenors-Ress.Motion to strike granted to the extent that Points II and III of the brief filed by ress Leslie E. Carr et al. are stricken and ress Leslie E. Carr et al. are directed to file and serve a revised brief within twenty days.Mo. No. 2019-425 City of New York, Res, v. Shellbank Restaurant Corporation, App — 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. 2019-421 Silvio Spallone, Res, v. Frank Spallone, App — 1 Motion for leave to appeal denied.Mo. No. 2019-377 In the Matter of Saleem Spencer, App, v. Anthony Annucci, &c., Res — 4 Motion for leave to appeal denied.Mo. No. 2019-408 Jacqueline Shabot Svatovic, Res, v. Zarko Svatovic, App — (And Another Action.)Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the appeal from the September 2017 Supreme Court order of transfer, dismissed upon the ground that such portion of 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.Mo. No. 2019-446 In the Matter of Peter G. Terian, Deceased. Juliana C. Terian, Res, Thomas J. Killeen, Petitioner, v. Robert Wurmbrand, App — Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.Mo. No. 2019-388 Helen Webster, App, v. Rochelle Sherman, et al., Defendants, Tenzer and Lunin, LLP, Res — 2 Motion for leave to appeal denied. SSD 43Scott White et al., Apps, v. Mark P. Plexousakis, &c., et al., Ress. Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3[b][2], 5[b]; CPLR 5601[b][2]).
