NY State Court of Appeals lists filings for September 23-29, 2005

A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.

Some of these filed appeals may never reach decision on the merits because of dismissal on motion, sua sponte, or for time deficiencies or because of stipulated withdrawals by the parties. Some counsel fail to file timely jurisdictional statements and thus the list should not be treated as comprehensive for any particular week.

The court welcomes motions for amicus curiae participation from those qualified and interested in the subject matter of these newly filed appeals. Refer to Court Rule 500.11 and direct any questions to the Clerk's office.

For Sept. 23 through Sept. 29, the following jurisdictional statements for appeals were filed:

Bard v. Jahnke: Third Dept. App. Div. order of 3/17/05; affirmance; leave to appeal granted by Court of Appeals, 9/13/05; Animals - Knowledge Of Vicious Propensity - Whether Dairy Farmer May Be Held Liable In Negligence Or Strict Liability To Worker Injured By Breeding Bull Allowed To Roam Freely Inside Dairy Barn Where The Worker Was Not Aware Of The Bull's Presence And The Farmer Had No Prior Knowledge Of Bull's Vicious Propensities.

Bellony, Matter Of, v. Chambers, et al.: Second Dept. App. Div. order of 8/22/05; denial of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; App. Div. denied petitioner's CPLR article 78 petition seeking to prohibit enforcement of an ex parte lockdown order of Supreme Court, Kings County dated Sept. 10, 2004, as amended, and dismissed the proceeding.

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