CASES No. 83. TOWN OF DELAWARE, res, v. IAN LEIFER, &C., app — Order affirmed, with costs. Opinion by Chief Judge DiFiore. Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. No. 81. DR. ROBERT D. HAAR, M.D., app, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, res, ET AL., def — Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by the Court pursuant to section 500.27 of this Court’s Rules of Practice, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in the negative. Opinion by Judge Stein. Chief Judge DiFiore and Judges Rivera, Fahey, Wilson and Feinman concur. Judge Garcia took no part. No. 116. SSM 18 EVELYN LANIOX, app, v. CITY OF NEW YORK, def, NEW YORK CITY HOUSING AUTHORITY, res — On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge DiFiore and Judges Stein, Garcia and Wilson concur. Judge Feinman dissents in an opinion in which Judges Rivera and Fahey concur. No. 90. THE PEOPLE &C. EX REL. EVANS D. PRIESTON, ON BEHALF OF KENEL BEAUBRUN, res, v. NASSAU COUNTY SHERIFF’S DEPARTMENT, app — Judgment reversed, without costs, writ denied and proceeding dismissed. Opinion by Judge Feinman. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. MOTIONS Mo. No. 2019-784. IN THE MATTER OF LINDA AA., app, v. ROBERT AA., res — Motion for leave to appeal denied. Judge Stein took no part. SSD 72. IN THE MATTER OF MURAT ATES, app, v. ANDREW CRECCA, &C., ET AL., res — Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Mo. No. 2019-869. IN THE MATTER OF LINDA MARTIN BARBER, app, v. BORGWARNER, INC., ET AL., res — Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Motion for a stay dismissed as academic. SSD 71. ROXANNE DELGADO, ET AL., app, v. STATE OF NEW YORK ET AL., res — Appeal transferred without costs, by the Court sua sponte, to the Appellate Division, Third 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]). Chief Judge DiFiore took no part. Mo. No. 2019-1019. IN THE MATTER OF PART 60 PUT-BACK LITIGATION. DEUTSCHE BANK NATIONAL TRUST COMPANY, &C., res, v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, &C., ET AL., app — Motion by Securities Industry and Financial Markets Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. Chief Judge DiFiore and Judge Garcia took no part. Mo. No. 2019-699. IN THE MATTER OF RAMON F. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, res; WILSON F., app — Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Mo. No. 2019-882. IN THE MATTER OF ANNA FELDMAN, & C. ANNA FELDMAN, app; GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, res — Motion for leave to appeal denied. Mo. No. 2019-1027. THE PEOPLE &C., res, v. ELIJAH FOSTER-BEY, app — Motion by Office of the Appellate Defender, Inc., et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served, nine copies filed, and the brief submitted in digital format within seven days. Mo. No. 2019-631. IN THE MATTER OF ELIJAH G. ET AL., &C. STEPHANIE S., app; SAINT DOMINIC’S HOME AND ADMINISTRATION FOR CHILDREN’S SERVICES, res — Motion for leave to appeal denied. Mo. No. 2019-714. IN THE MATTER OF IAN G., res, v. CRYSTAL F., app. (AND ANOTHER RELATED PROCEEDING.) — Motion for leave to appeal denied. Mo. No. 2019-800. IN THE MATTER OF NICOLAS KEITH G., &C. LUTHERAN SOCIAL SERVICES OF NEW YORK, ET AL., res; MARK G., app — 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 poor person relief dismissed as academic. Mo. No. 2019-1037. MARSHA HEWITT, app, v. PALMER VETERINARY CLINIC, PC, res, ET AL., def — Motion by New York State Academy of Trial Lawyers for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, nine copies filed, and the brief submitted in digital format within seven days. SSD 70. NELLA MANKO, app, v. BERNARD H. BROOME, &C., ET AL., res, ET AL., def. (INDEX NO. 20555/10) — Appeal dismissed without costs, by the Court sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Mo. No. 2019-650. IN THE MATTER OF JACK NN., &C. CHENANGO COUNTY DEPARTMENT OF SOCIAL SERVICES, res; SARAH OO., app, ET AL., res. (AND ANOTHER PROCEEDING.) — Motion for leave to appeal denied. SSD 74. DONTE PRICE, app, v. CITY OF NEW YORK, ET AL., res — Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Mo. No. 2019-779. IN THE MATTER OF DAVE R. ADMINISTRATION FOR CHILDREN’S SERVICES, res; SHEETAL R., app, ET AL., res. (AND THREE OTHER PROCEEDINGS.) — Motion for leave to appeal denied. Judge Feinman took no part. Mo. No. 2019-788. IN THE MATTER OF DAVE R. LITTLE FLOWER CHILDREN AND FAMILY SERVICES OF NEW YORK, res; SHEETAL R., app, ET AL., res. (AND THREE OTHER PROCEEDINGS.) — Motion for leave to appeal denied. Judge Feinman took no part. Mo. No. 2019-955. DEBORAH ROSENTHAL, res, v. ROBERT ROSENTHAL, app — On the Court’s own motion, 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]). Motion for a stay dismissed as academic. Mo. No. 2019-881. IN THE MATTER OF RICHARD P. SAVITT, &C. ATTORNEY GRIEVANCE COMMITTEE FOR THE FIRST JUDICIAL DEPARTMENT, res; RICHARD P. SAVITT, app — Motion for reargument denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic. Mo. No. 2019-948. THE PEOPLE &C., res, v. DAVID SHAW, app — Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application. Mo. No. 2019-974. THE PEOPLE &C., res, v. KENNETH SLADE, app — Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, NY 10005 assigned as counsel to the appellant on the appeal herein. Mo. No. 2019-765. THE PEOPLE &C. EX REL. DERRICK THOMPSON, app, v. WILLIAM KEYSER, &C., res — Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. SSD 73. IN THE MATTER OF JOHN L. WESLOWSKI, app, v. EDWIN J. DAY, &C., ET AL., res — Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Mo. No. 2019-978. THE PEOPLE &C., res, v. WILLIAM A. WILKINS, &C., app — Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, NY 14614 assigned as counsel to the appellant on the appeal herein. Mo. No. 2019-979. THE PEOPLE &C., res, v. CADMAN WILLIAMS, app THE PEOPLE &C., res, v. ELIJAH FOSTER-BEY, app — Motion by The Innocence Project for leave to file a brief amicus curiae on the appeals herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days. Mo. No. 2019-1028. THE PEOPLE &C., res, v. CADMAN WILLIAMS, app — Motion by Office of the Appellate Defender, Inc., et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served, nine copies filed, and the brief submitted in digital format within seven days. Mo. No. 2019-976. THE PEOPLE &C. EX REL. DARREN WILLIAMS, app, v. NEW YORK STATE DIVISION OF PAROLE, res — Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for ancillary relief dismissed upon the ground that this Court does not have jurisdiction to entertain it (see NY Const, art VI, §3). Mo. No. 2019-586. IN THE MATTER OF RENEZMAE X., &C. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, res; KIMBERLY X., app, CHAD W., res — 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. Mo. No. 2019-598. IN THE MATTER OF THE CLAIM OF ESTATE OF NORMAN YOUNGJOHN, app, v. BERRY PLASTICS CORPORATION ET AL., res, WORKERS’ COMPENSATION BOARD, res — Motion for leave to appeal granted.
