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:

Jo, Matter Of, v. May Department Stores Co.: Third Dept. App. Div. order of 8/4/05; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Civil Rights - Discrimination Based On Race, Color And National Origin - Proceedings Pursuant To Executive Law Section 298 To Review Determinations Of State Division Of Human Rights Of No Probable Cause to Believe That Department Store Or Medical Center Engaged In Unlawful Discriminatory Practices Against Two Individuals From Korea; Personal Jurisdiction.

Keselman, Matter Of, v. New York City Transit Authority: Third Dept. App. Div. order of 5/12/05; affirmance; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Workers' Compensation - Challenge To Workers' Compensation Board Decision Finding That Claimant Was Entitled To Benefits For A Neck Injury Not Earlier Than The Period Beginning Feb. 5, 1998 And That The Employer Was Entitled To A Credit For Schedule Payments Made.

Mancini (Gina), People v.: Fourth Dept. App. Div. order of 6/10/ 05; affirmance; leave to appeal granted by Rosenblatt, J., 9/21/05; Crimes And Criminal Procedure - Sufficiency Of Evidence To Support Conviction For Depraved Indifference Murder (Penal Law Section 125.25[2]).

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