August 28, 2014 CASES

Transcription

1 CASES August 8, 0 No. Walter R. Beardslee, &c., et al., Respondents, Inflection Energy, LLC, et al., Appellants. Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur. No. SSM 6 In the Matter of Elaine D. Ward, City of New York, et al., Appellants. On review of submissions pursuant to section 500. of the Rules, order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety. We cannot say that "the penalty of [revoking petitioner's Master Plumber's license]... shocks the judicial conscience" (Matter of Kelly v Safir, 96 NYd, 0 [00]; see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. of Towns of Scarsdale & Mamaroneck, Westchester County, NYd, -5 [97]). Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

2 MOTIONS Mo. No Anthony Barksdale, Robert S. Dean, Esq., Center for Appellate Litigation, 0 Wall Street, 8th Floor, New York, NY 0005 assigned as counsel to the appellant on the appeal herein. Mo. No Thomas Barnes, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as Mo. No Benetech, Inc., Omni Financial Group, Inc., Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No In the Matter of Robert Bornstein, &c., Hon. Robert E. Torres, &c., et al., Respondents. Motion for poor person relief dismissed as academic.

3 Mo. No Rosalie A. Caleb et al., Respondents, Sevenson Environmental Services, Inc., Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Pigott took no part. Mo. No In the Matter of China C. (Anonymous). Westchester County Department of Social Services, Respondent; Alexis C. (Anonymous), (And Other Proceedings.) Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic. Mo. No Walter Cates, Sr., Robert S. Dean, Esq., Center for Appellate Litigation, 0 Wall Street, 8th Floor, New York, NY 0005 assigned as counsel to the appellant on the appeal herein. Mo. No Karen M. Caza, Martin J. McGuinness, Esq., P.O. Box 006, Saratoga Springs, NY 866 assigned as counsel to the appellant on the appeal herein.

4 Mo. No Manuel Colon, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 granted and motion papers treated as a timely CPL 60.0 application. Mo. No In the Matter of Bernard Ellis, Lisa Burke, Mo. No. 0-8 Andre English, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 granted and motion papers treated as a timely CPL 60.0 application. Mo. No Eric M. Fisher et al., Appellants, Nathaniel C. Hill et al., Respondents. Mo. No Susan Gately, James Gately, 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.

5 Mo. No v John Gibson, John P.M. Wappett, Warren County Public Defender's Office, 0 State Route 9, Lake George, NY 85 assigned as counsel to the appellant on the appeal herein. Mo. No Ally Golo, Lynn W. L. Fahey, Esq., Appellate Advocates, Rector Street, 0th Floor, New York, NY 0006 assigned as Mo. No Dupree Harris, Lynn W. L. Fahey, Esq., Appellate Advocates, Rector Street, 0th Floor, New York, NY 0006 assigned as Mo. No William Henderson, David Abbatoy, Jr., Esq., c/o The Abbatoy Law Firm, PLLC, 9 East Ave., Rochester, NY 60 assigned as counsel to the appellant on the appeal herein. Mo. No Todd Holley, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as 5

6 Mo. No. 0-5 Honeymoon Diamonds, International Jewelers Underwriters Agency Ltd., et al., Respondents. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Judge Rivera took no part. Mo. No Daniel Israel, Robert S. Dean, Esq., Center for Appellate Litigation, 0 Wall Street, 8th Floor, New York, NY 0005 assigned as counsel to the appellant on the appeal herein. Mo. No Anthony Jones, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as Mo. No Appellant- Stanley R. Kims, II, Respondent- Mark C. Davison, Esq. c/o Davison Law Office, 6 North Main Street, Suite C, PO Box 65, Canandaigua, NY assigned as counsel to the respondentappellant on the appeal herein. Mo. No Urselina King, Lynn W. L. Fahey, Esq., Appellate Advocates, Rector Street, 0th Floor, New York, NY 0006 assigned as 6

7 Mo. No Salvatore Letizia, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 dismissed upon the ground that no application for leave to appeal pursuant to CPL 60.0 will lie from an order of a single Justice of the Appellate Division denying leave to appeal to that court pursuant to CPL Mo. No. 0-8 Collin F. Lloyd-Douglas, Eugene Polhill, Jermaine Dunbar, Motion by District Attorneys Association of the State of New York for leave to appear amicus curiae on the appeals herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Mo. No Cleveland Lovett, Richard M. Greenberg, Esq., Office of the Appellate Defender, Park Place, Suite 60, New York, NY 0007 assigned as counsel to the appellant on the appeal herein. 7

8 Mo. No Fabrice Lowe, Philip Rothschild, Esq., Hiscock Legal Aid Society, 5 South Warren Street, Syracuse, New York, NY 0 is assigned as counsel to the appellant on the appeal herein. Mo. No Terrance L. Mack, Timothy P. Donaher, Esq., Monroe County Public Defender, 0 N. Fitzhugh Street, Rochester, NY 6 assigned as counsel to the respondent on the appeal herein. Mo. No Kaity Marshall, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as Mo. No Jorge Mercado, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 granted and motion papers treated as a timely CPL 60.0 application. Mo. No William Middlebrooks, David C. Schopp, Esq., The Legal Aid Bureau of Buffalo, Inc., 7 Main Street, Suite 60, Buffalo, NY 0 assigned as counsel to the appellant on the appeal herein. 8

9 Mo. No Kenneth Moore, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as Mo. No Motorola Credit Corporation, Appellant- Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter Defendants. Standard Chartered Bank, Respondent- Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants. Motion by Institute of International Bankers, et al. for leave to appear amici curiae on consideration of the certified questions herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Mo. No Motorola Credit Corporation, Appellant- Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter Defendants. Standard Chartered Bank, Respondent- Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants. Motion by Government of the United Kingdom of Great Britain and Northern Ireland for leave to file a brief amicus curiae on consideration of the certified questions herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. 9

10 Mo. No. 0-8 Motorola Credit Corporation, Appellant- Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter Defendants. Standard Chartered Bank, Respondent- Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants. Motion by Central Bank of Jordan for leave to file a brief amicus curiae on consideration of the certified questions herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Mo. No. 0-8 Motorola Credit Corporation, Appellant- Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter Defendants. Standard Chartered Bank, Respondent- Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants. Motion by Committee on Banking Law of the Association of the Bar of the City of New York for leave to file a brief amicus curiae on consideration of the certified questions herein granted and the proposed brief is accepted as filed. 0

11 Mo. No. 0-8 Motorola Credit Corporation, Appellant- Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter Defendants. Standard Chartered Bank, Respondent- Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants. Motion by Securities Industry and Financial Markets Association for leave to appear amicus curiae on consideration of the certified questions herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Mo. No. 0-8 In the Matter of Town of North Hempstead, Appellant- County of Nassau, Respondent- Motion by Association of Towns of the State of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Mo. No In the Matter of Town of North Hempstead, Appellant- County of Nassau, Respondent- Motion by Town of Huntington for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Mo. No In the Matter of Noel Olmosperez, Andrea W. Evans, &c., Motion for poor person relief granted.

12 Mo. No Clifford Jones, Motion by Innocence Project for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Mo. No Anthony N. Pacherille, Motion to vacate this Court's June 7, 0 preclusion order granted. Mo. No. 0-6 Dean Pacquette, Robert S. Dean, Esq., Center for Appellate Litigation, 0 Wall Street, 8th Floor, New York, NY 0005 assigned as counsel to the appellant on the appeal herein. Mo. No Jin Cheng Lin, Lynn W. L. Fahey, Esq., Appellate Advocates, Rector Street, 0th Floor, New York, NY 0006 assigned as Mo. No The People &c. ex rel. Leroy Peoples, New York State Department of Correctional Services,

13 Mo. No. 0-6 In the Matter of Lori QQ., Jason OO., (And Another Proceeding.) Mo. No In the Matter of Samantha R. (Anonymous). Motion for poor person relief dismissed as academic. Suffolk County Department of Social Services, Respondent; Laurie R. (Anonymous), Mo. No In the Matter of Frank Russell, Brian Fischer, &c., Mo. No The People &c. ex rel. Kester Sandy, Harold D. Graham, &c., Motion for poor person relief dismissed as academic. Mo. No Michael Sans, Seymour James, Jr., Esq., The Legal Aid Society, 99 Water Street, New York, NY 008 assigned as

14 Mo. No Sportsfield Specialties, Inc., Twin City Fire Insurance Company et al., Respondents. Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements. Mo. No Michael Washington, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 granted and motion papers treated as a timely CPL 60.0 application. Mo. No Cedric J. Williams, Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 60.0 granted and motion papers treated as a timely CPL 60.0 application.