State of New York Court of Appeals

Decisions

CASES

State of New York

Court of Appeals

September 14, 2021

4

No. 68 SSM 14

The People &c.,

Respondent,

v.

Kevin Dogan,

Appellant.

2

No. 69 SSM 15

Juvenal Reis,

Appellant,

v.

J.B. Kaufman Realty Co., LLC, et al.,

Respondents.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. In response to defendants' prima facie showing of entitlement to summary judgment, plaintiff failed to raise a triable issue of fact (see Joseph Martin, Jr., Delicatessen, Inc. v Schumacher, 52 NY2d 105 [1981]). Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.

MOTIONS

1

Mo. No. 2021-448

In Rem Tax Foreclosure Action No. 52, &c.

2386 Morris Avenue, HDFC, et al., Appellants.

4

Mo. No. 2021-416

Nelson A., &c.,

Appellant,

v.

Eric J. Krone,

Respondent.

1

Mo. No. 2021-441

Advanced Aerofoil Technologies AG,

Appellant,

v.

MissionPoint Capital Partners LLC,

Respondent.

1

Mo. No. 2021-401

In the Matter of Aron Law, PLLC,

Appellant,

v.

New York City Department of Education,

Respondent.

1

Mo. No. 2021-419

The Bank of New York, &c.,

Appellant,

v.

Terrapin Industries, LLC, et al.,

Defendants,

KBS Sheapshead Bay, LLC,

Respondent.

(And Another Action.)

Motion for leave to appeal dismissed for failure to demonstrate timeliness as required by Rules of the Court of Appeals (22 NYCRR ? 500.22 [b] [2]).

Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.

Motion for leave to appeal denied.

Motion for leave to appeal denied.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the actions within the meaning of the Constitution.

2

1

Mo. No. 2021-633

The Bank of New York, &c.,

Appellant,

v.

Terrapin Industries, LLC, et al.,

Defendants,

KBS Sheapshead Bay, LLC,

Respondent.

(And Another Action.)

3

Mo. No. 2021-463

In the Matter of the Claim of Brian Thomas

Burke,

Appellant,

v.

New York City Transit Authority,

Respondent.

Workers' Compensation Board,

Respondent.

1

Mo. No. 2021-343

In the Matter of Clean Realty LLC,

Appellant,

v.

City of New York, et al.,

Respondents.

2

Mo. No. 2021-329

Howard A. Domitz,

Appellant,

v.

City of Long Beach,

Respondent.

Motion for leave to appeal dismissed upon the ground that the judgment sought to be appealed from does not finally determine the actions within the meaning of the Constitution and thus does not constitute a final judgment within the meaning of CPLR 5602 (a) (1) (ii), and upon the further ground that simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals (see Parker v Rogerson, 35 NY2d 751, 753 [1974]).

Motion for leave to appeal denied.

Motion for leave to appeal denied.

Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Fahey took no part.

3

1

Mo. No. 2021-382

In the Matter of Aris J. Dousmanis, &c.,

Appellant,

Marisa Falero, &c.,

Respondent,

New York City Human Resources

Administration, &c.,

Respondent.

3

Mo. No. 2021-299

In the Matter of Christine Duffy et al.,

Appellants,

v.

Town of Guilderland et al.,

Respondents,

et al.,

Respondents.

2

Mo. No. 2021-513

Federal National Mortgage Association, &c.,

Appellant,

v.

Maxi Jeanty, &c. et al.,

Respondents,

et al.,

Defendants.

1

Mo. No. 2021-468

In the Matter of FGLS Equity LLC, &c.,

Petitioner.

Sajust, LLC, et al., Appellants,

v. FGLS Equity LLC,

Respondent. The Mendelow Family Foundation, Inc.,

Intervenor-Respondent.

Motion for leave to appeal denied.

Motion for reargument of motion for leave to appeal denied. Judges Singas and Cannataro took no part.

Motion, insofar as it seeks leave to appeal from the November 2020 Appellate Division order, granted; motion for leave to appeal otherwise dismissed upon the ground that the February 2021 Appellate Division order does not finally determine the action within the meaning of the Constitution.

Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.

4

4

Mo. No. 2021-431

In the Matter of Elizabeth Foley,

Respondent,

v.

James L. Dwyer,

Appellant.

1

Mo. No. 2021-379

In the Matter of Brian Ford,

Appellant,

v.

Board of Education of the City School

District of the City of New York, &c. et al.,

Respondents.

4

Mo. No. 2021-494

Jessica G.,

Appellant,

v.

Eric J. Krone,

Respondent,

et al.,

Defendant.

4

Mo. No. 2021-519

Vanessa G., &c.,

Appellant,

v.

Nelson A., &c., et al.,

Defendants,

Eric J. Krone,

Respondent.

1

Mo. No. 2021-363

Harvey Gladstein,

Respondent,

v.

Thomas F. Keane et al.,

Appellants.

Motion for leave to appeal denied. Motion for poor person relief dismssed as academic.

On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.

Motion for leave to appeal denied.

Motion for leave to appeal denied.

Motion for leave to appeal from so much of the Appellate Division order as affirmed the May 2018 Supreme Court judgment denied; motion for leave to appeal otherwise dismissed upon the ground that the order does not finally determine the action or proceeding.

5

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