Decisions in the News

New York State, Court of Appeals

The People &c., Respondent, v. Richard M. Leonard, Appellant. (Appeal No. 1), No. 19, (Appeal No. 2), No. 20

No. 19, No. 2
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

People v. Norman Whitehead, No. 18

No. 18
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

People v. Charles Smith, No. 23

No. 23
Chief Judge DiFiore and Judges Rivera, Stein and Garcia concur. Judge Abdus-Salaam concurs in result in a separate concurring opinion. Judge Wilson dissents in an opinion.

New York State, Court of Appeals

People v. Thomas Jackson, No. 22

No. 22
Chief Judge DiFiore and Judges Stein, Garcia and Wilson concur. Judge Fahey concurs in result in a separate concurring opinion in which Judge Abdus-Salaam concurs.

New York State, Court of Appeals

East Ramapo v. King, No. 21

No. 21
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

Appellate Division, 
Second Department

In the Matter of Joseph R. Sanchez, an attorney and counselor-at-law, 2016-04730

2016-04730
Eng, P.J., Rivera, Dillon, Balkin, Cohen, JJ.

Disciplinary Proceeding, Supreme Court, Appellate Division, First Judicial Department

In the Matter of Wesley G. Wallen (admitted as Wesley Gersham Wallen), an attorney and counselor-at-law., Motion No. 334 (January 31, 2017)

Motion No. 334 (January 31, 2017)
Before: Rolando T. Acosta, J.P., Dianne T. Renwick, Karla Moskowitz, Paul G. Feinman, Ellen Gesmer, JJ.

Disciplinary Proceeding, Supreme Court, Appellate Division, First Judicial Department

In the Matter of Stephan L. Rosenbaum, an attorney and counselor-at-law., M-5907 (February 3, 2017)

M-5907 (February 3, 2017)
Before: John W. Sweeny, Jr., J.P., Richard T. Andrias, Sallie Manzanet-Daniels, Judith J. Gische, Troy K. Webber, JJ.

U.S. District Court, Southern District

New York State v. United Parcel Service, 15-cv-1136

UPS Liable for Penalties Over Untaxed Cigarettes

15-cv-1136 (KBF)
District Judge Katherine Forrest

U.S. Court of Appeals, Second Circuit

Anonymous v. Omnicom Group, 16-748

Discrimination Claim Based on Gender Stereotypes Is Revived

16-748
Before: Robert A. Katzmann, Ch.J., Debra Ann Livingston, C.J., and Margo K. Brodie, D.J.*

U.S. District Court, Eastern District

USA v. Vertuccio, 15-cr-174

Severance Motions' Denial Explained; Only Acquittal Meets Condition for Defense Testimony

15-cr-174
District Judge Eric Vitaliano

U.S. District Court, Eastern District

Dani's Windows & Glass, Inc. v. The Fidelity, 14-CV-368

Glazier Wins Judgment as to Liability, Damages Over Insurer's Nonpayment on Library Project

14-CV-368
District Judge Dora Irizarry

U.S. District Court, Southern District

Doe v. Quest Diagnositcs, Inc., 15 Civ. 8992

Claims Based on Fax Sent to Wrong Number Dismissed for Lack of Article III Standing

15 Civ. 8992
District Judge Lorna Schofield

U.S. District Court, Southern District

Esrey v. USA, 16-CV-3019

Exception to FTCA's Immunity Waiver Bars Complaint Asserting Concealment of Facts

16-CV-3019
District Judge J. Paul Oetken

Appellate Division, Second Department

Kamco Supply Corp. v. On the Right Track, LLC, 2013-06065

By Electing to Continue Agreements Defendants Waived Right to Terminate Due to Initial Breach

2013-06065
Before: Chambers, J.P., Hall, Duffy, Barros, JJ.

Civil Court, Bronx County, Housing Part K

River Park Residences, L.P. v. Reed, 32756/15

Court Denies Motion Seeking an Order Restoring Tenants to Possession of Premises

32756/15
Judge Kimon C. Thermos

Civil Court, Bronx County, Housing Part I

Highbridge House Ogden LLC v. Valle, 5473/2015

Stipulation Vacated in Nonpayment Proceeding Against Rent-Stabilized Tenant

5473/2015
Judge Diane E. Lutwak

Civil Court, New York County, Housing Part C

560-568 Audubon Realty Inc. v. Rodriguez, 67846/2016

Motion to Vacate Stipulation Granted in Summary Proceeding for Rent Nonpayment

67846/2016
Judge Jack Stoller

Supreme Court, New York County, Part 57

Board of Mgs. of Renaissance E. Condominium v. Benyaminov, 150708/2013

No Evidence Exists Money Was Improperly Held from Tenants in Breach of Agreement

150708/2013
Justice Jennifer G. Schecter

Supreme Court, New York County, Part 41

Matter of CDR Creances S.A.S. v. First Hotels & Resorts Invs., Inc., 150583/2014

Court Cannot Render Effective Judgment Absent Entities Asserting Competing Claims

150583/2014
Justice Lawrence K. Marks

Supreme Court, New York County, IAS Part 17

Barnard v. 501 West 45th Street LLC, 152880/14

Court Dismisses Tenant's Personal Injury/Negligence Action Against Building Owner

152880/14
Justice Shlomo Hagler

U.S. District Court, Western District

Jesse Reidy, Petitioner v. United States of America, Respondent, 14-CV-1013S

60-Month Sentence Vacated for Re-Sentencing De Novo; Based on Competing Affidavits and Counsel's Lack of Specific Detail She Informed Petitioner of Appeal Deadline, Court Could Not Find by 'Clear and Convincing Evidence' That Petitioner Knew of His Right to Appeal

14-CV-1013S
District Judge William Skretny

Disciplinary Proceeding, Supreme Court of the State of New York, Appellate Division, Second Judicial Department

In the Matter of Howard M. Adelsberg, admitted as Howard Michael Adelsberg, an attorney and counselor-at-law. (Attorney Registration No. 2101970), 2015-00179

2015-00179
Before: Randall T. Eng, P.J., William F. Mastro, Mark C. Dillon, Ruth C. Balkin, L. Priscilla Hall, JJ.

Disciplinary Proceeding, Supreme Court, Appellate Division, First Judicial Department

In the Matter of Scott B. Gilly, an attorney and counselor-at-law., M-5885 (December 16, 2016)

M-5885 (December 16, 2016)
Before: Peter Tom, J.P., Rolando T. Acosta, Angela M. Mazzarelli, Karla Moskowitz, Judith J. Gische, JJ.

U.S. District Court, Southern District

The Wave Studio, LLC v. General Hotel Management Ltd., 13-CV-9239

Copyright Infringement Action Dismissed; Singapore Is Adequate Alternative Forum

13-CV-9239
District Judge Cathy Seibel

U.S. District Court, Southern District

USA v. Barnwell, 15 Cr. 620

Court Rules on Parties' In Limine Motions In Prosecution Over False Tax Returns

15 Cr. 620
District Judge Nelson Roman

U.S. District Court, Southern District

Royal Park Investments SA/NA v. HSBC Bank USA NA., 14-CV-08175

Sample of Loans May Not Be Re-Underwritten To Establish Breach, Demonstrate Liability

14-CV-08175
Magistrate Judge Sarah Netburn

U.S. Court of Appeals, Second Circuit

USA v. Bodouva, 16-3937

District Court Lacked Discretion to Reduce Forfeiture Order by Amount of Restitution

16-3937
Before: Katzmann, Ch.J., Pooler and Lynch, C.JJ.

U.S. Court of Appeals, Second Circuit

USA v. Schaffer, 15-2516-cr,

FRE 413 Mitigates Prejudice From Admission Of Propensity Evidence in Sexual Assault Cases

15-2516-cr
Before: Walker, Cabranes, C.JJ, and Berman, J.*

Supreme Court, Steuben County

Harrison v. Allstate Indem. Co., 2013-0452 CV

Question of Fact Exists as to Whether Plaintiffs 'Reside' in the Insured Premises

2013-0452 CV
Justice Marianne Furfure

Supreme Court, Ulster County

Wells Fargo Bank, N.A. v. Machell, 16-0532

Wells Fargo Fails to Properly 'De-Accelerate' A Mortgage Within the Statute of Limitations

16-0532
Justice Lisa M. Fisher

Supreme Court, Tompkins County

Matter of Pottenburgh v. Dryden Mut. Ins. Co., EF2016-0183

Court Grants Petition for Appraisal, Finding Causation Issues as to Scope of Coverage

EF2016-0183
Justice Phillip R. Rumsey

Supreme Court, Westchester County, Compliance Part

Colindres v. Carpenito, 56312/15

Court Denies Motion for Protective Order as to Defendant's Demands for a Medical Report

56312/15
Justice Joan B. Lefkowitz

Supreme Court, New York County, Part 49

The Georgetown Company v. IAC, 651304/2016

Judge Disqualifies Kasowitz and DLA Piper in Contract Dispute, Citing Conflicts of Interest for Both Sides

651304/2016
Justice O. Peter Sherwood

Supreme Court, New York County, IAS Part 12

Murphy v. JRM Construction Mgt., LLC, 157682/13

Defendants Fail to Show That General Contractor Created Dangerous Condition

157682/13
Justice Barbara Jaffe

Supreme Court, New York County, IAS Part 3

Ins. Co. of N. Am. v. ACCO Material Handling Solutions Inc., 651468/16

Pennsylvania Has Much Stronger Connection Than New York in Asbestos-Related Claims

651468/16
Justice Eileen Bransten

Supreme Court, New York County, IAS Part 6

Matter of Rauh v. Blasio, 157525/2016

Court Finds Consultants' Emails Are Public Records

157525/2016
Justice Joan B. Lobis

Supreme Court, Bronx County, Part 71

People v. Edward Garry, 6083/1995

Judge Says DA Withheld Evidence, Orders New Trial

6083/1995
Justice Michael A. Gross

U.S. District Court, Western District

Genworth Life Ins. Co v. Dwaileebe, 6:12-cv-06330

Incapacitated Man's 2012 Disclaimer Reducing Death Benefits Revoked, Deemed Null and Void

6:12-cv-06330
District Judge Michael Telesca

U.S. District Court, Northern District

Robbins v. New York Corn & Soybean Growers Assoc., Inc., 7:15-cv-973

Nonprofit Soybean Growers Group Not 'Agency' Under APA, Is Not Subject to FOIA Disclosures

7:15-cv-973
District Judge Gary Sharpe

U.S. District Court, Eastern District

Alam v. American Airlines Group, Inc., 16-CV-00251

Race Bias Claims Against Airline Precluded By Montreal Convention, Foreclosed by 'King'

16-CV-00251
District Judge Dora Irizarry

U.S. District Court, Southern District

Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc., 15 Civ. 9414

Medical School Cannot Seek Royalties for Drug's Sale, Can Only Seek Damages at 2010 Breach

15 Civ. 9414
District Judge Robert Sweet

U.S. District Court, Southern District

Tomaselli v. Zimmer, Inc., 14-CV-4474

Surgeon's Knowledge of Risk Device's Cable Might Break 'Intervening Event' in Causation

14-CV-4474
District Judge Ronnie Abrams

County Court, Monroe County

The People v. Battle, 2015-3016

Court Determines Sex Offender Defendant's Risk Assessment Score as Level II

2015-3016
Judge Christopher S. Ciaccio

City Court, Westchester County

Clark v. Town of Yorktown, SC-449-16

Defendant Fails to Show That Plaintiff Gave Wrong Accident Location in Notice of Claim

SC-449-16
Judge Reginald J. Johnson

Supreme Court, Kings County, Part 36

Baumgardt v. Tarantino, 16770/11

Defendants Cannot Re-Litigate Action After Contesting Matter in Criminal Proceedings

16770/11
Justice Bernard J. Graham

Supreme Court, Queens County, IAS Part 34

Bekas v. Valiotis, 9939/2014

Res Judicata, Collateral Estoppel Preclude Re-Litigation of Constructive Trust Claim

9939/2014
Justice Robert J. McDonald

Surrogate's Court Bronx County

Estate of James, 2013-626/E

Court Grants Spouse's Application to Extend Time to File Copy of Notice of Election

2013-626/E
Judge Nelida Malave Gonzalez

Supreme Court, New York County, IAS Part 42

PNR Properties, LLC v. DVIR MOG 18, Inc., 652732/2016

Traverse Hearing to be Held to Determine The Validity of the Service of Process

652732/2016
Justice Nancy Bannon

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GEOFFREY J. D. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, EVERTON G. D. (ANONYMOUS), res-res

MATTER OF GEOFFREY J. D. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, EVERTON G. D. (ANONYMOUS), res-res — (PROCEEDING NO. 1) — Appeals by Everton G. D. from two orders of the Family Court, Queens County, dated December 19, 2016, and December 22, 2016, respectively. By order on certification of this Court dated February 24, 2017, the following attorney was assigned as counsel for the appellant on the appeals:


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HELGA INGVARSDOTTIR, plf-res, v. GAINES, GRUNER, PONZINI & NOVICK, LLP, ET AL., DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS DEFENDANTS; JONATHAN R. PEARSON, ETC., THIRD-PARTY DEFENDANT-res

HELGA INGVARSDOTTIR, plf-res, v. GAINES, GRUNER, PONZINI & NOVICK, LLP, ET AL., DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS DEFENDANTS; JONATHAN R. PEARSON, ETC., THIRD-PARTY DEFENDANT-res — Motion by the plaintiff-respondent for leave to reargue appeals from two orders of the Supreme Court, Westchester County, dated April 3, 2015, and September 18, 2015, respectively, which were determined by decision and order of this Court dated November 30, 2016, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.


Dillon, J.P.; Duffy, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST, res, v. MILTON D. GALLOWAY, ap

DEUTSCHE BANK NATIONAL TRUST, res, v. MILTON D. GALLOWAY, ap — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated May 31, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ASHER M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res

MATTER OF ASHER M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res — (PROCEEDING NO. 1) — Appeal by Orton M. from an order of the Family Court, Queens County, dated January 25, 2017. By order on certification of this Court dated March 8, 2017, the following attorney was assigned as counsel for the appellant on the appeal:


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STEPP PAYNE APPELLANTS-res, v. GEORGE ALFRED MURRAY, ETC. def, KEYSPAN ENERGY DELIVERY, res, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. RESPONDENTS-ap

STEPP PAYNE APPELLANTS-res, v. GEORGE ALFRED MURRAY, ETC. def, KEYSPAN ENERGY DELIVERY, res, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. RESPONDENTS-ap — Appeal by Stepp Payne and Wynonnie Payne, and separate cross appeals by Consolidated Edison Company of New York, Inc., and Harris Water Main & Sewer Contractors, from an order of the Supreme Court, Kings County, dated May 29, 2015. The appellant-respondent Wynonnie Payne died on June 18, 2006. By decision and order on motion of this Court dated January 24, 2017, Stepp Payne, Jr., as administrator of the estate of Wynonnie Payne, was substituted for the deceased appellant-respondent, Wynonnie Payne, and the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal and cross appeals, on the grounds that the notice of appeal and notices of cross appeals were filed in violation of the statutory stay of proceedings which arose upon the death of Wynonnie Payne, and dismissing the appeal taken on behalf of Wynonnie Payne on the ground that counsel had no authority to file the notice of appeal on her behalf, and (2) vacating the order dated May 29, 2015, as a nullity.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MYHOOD IAN TAIT, ap, v. ANGELLA HOPAL POWELL, res

MATTER OF MYHOOD IAN TAIT, ap, v. ANGELLA HOPAL POWELL, res — Appeal by Myhood Ian Tait from an order of the Family Court, Kings County, dated November 14, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a] [2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JIAN-DE FU plf-res, v. PANTELIS TSOUKALAS DEFENDANTS-res, YUE-YAN FU, ap

JIAN-DE FU plf-res, v. PANTELIS TSOUKALAS DEFENDANTS-res, YUE-YAN FU, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 16, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOUGLAS G. HEINTZMAN, res, v. JENNIFER C. HEINTZMAN, ap

MATTER OF DOUGLAS G. HEINTZMAN, res, v. JENNIFER C. HEINTZMAN, ap — Appeal by Jennifer C. Heintzman from an order of the Family Court, Westchester County, dated January 25, 2017.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EWELINA KADLUBOWSKI, ap, v. JOHN SAWINSKI res

EWELINA KADLUBOWSKI, ap, v. JOHN SAWINSKI res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 30, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

METROPOLITAN LOFTS OF NY, LLC, APPELLANT-res, v. METROEB REALTY 1, LLC, res, REDSKY CAPITAL, LLC, res-res

METROPOLITAN LOFTS OF NY, LLC, APPELLANT-res, v. METROEB REALTY 1, LLC, res, REDSKY CAPITAL, LLC, res-res — Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated February 27, 2015, and March 12, 2015, respectively.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NEW CENTURY MORTGAGE CORPORATION, ap, v. BRIAN DAVIS res

NEW CENTURY MORTGAGE CORPORATION, ap, v. BRIAN DAVIS res — Motion by First American Title Insurance Company to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 2, 2015, on the ground that the record does not include its opposition to the appellant's motion that was determined in the order dated December 2, 2015, and on the ground that the appellant failed to serve it with the notice of appeal, the record and the appellant's brief, or, in the alternative, to enlarge the time to serve and file a brief, and for an award of an attorney's fee and costs. By decision and order on motion dated February 15, 2017, the matter was remitted to the Supreme Court, Kings County to report on whether that court considered the opposition of First American Title Insurance Company in connection with the motion that was determined in the order dated December 2, 2015. The Supreme Court, Kings County, has filed its report.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SOOJI KIM res, v. RICHARD D. HONG, ap, ET AL., def

SOOJI KIM res, v. RICHARD D. HONG, ap, ET AL., def — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, entered February 24, 2016, which was determined by decision and order of this Court dated October 12, 2016, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.


Dillon, J.P.; Miller, Duffy and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SAMUEL M. LASHLEE, ap, v. DEBORAH M. LASHLEE, res

MATTER OF SAMUEL M. LASHLEE, ap, v. DEBORAH M. LASHLEE, res — Appeal by Samuel M. Lashlee from an order of the Family Court, Dutchess County, dated September 27, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 16, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARIA LUISA RAMOS, ap, v. JOSE ISRAEL OPORTO RAMOS, res

MATTER OF MARIA LUISA RAMOS, ap, v. JOSE ISRAEL OPORTO RAMOS, res — Appeal by Maria Luisa Ramos from an order of the Family Court, Suffolk County, dated February 17, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BLAKE AUGUSTUS, ap, v. GADELYAH EPHRAIM, def

BLAKE AUGUSTUS, ap, v. GADELYAH EPHRAIM, def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 11, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DORIS RODRIGUEZ, res, v. JOSE LUIS RODRIGUEZ, ap

MATTER OF DORIS RODRIGUEZ, res, v. JOSE LUIS RODRIGUEZ, ap — Appeal by Jose Luis Rodriguez from an order of the Family Court, Suffolk County, dated December 14, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JUSTIN T. KELLY, DOING BUSINESS AS KELLY CONSTRUCTION COMPANY, ap, v. P & G VENTURES 1, LLC res

JUSTIN T. KELLY, DOING BUSINESS AS KELLY CONSTRUCTION COMPANY, ap, v. P & G VENTURES 1, LLC res — (INDEX NO. 22818/10) In an action, inter alia, to recover damages for breach of a promissory note, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 24, 2014, as granted the defendants' cross motion for summary judgment on their first counterclaim and thereupon offset the plaintiff's award of damages by $37,500.


Eng, P.J.; Leventhal, Cohen and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ISIAH M. (ANONYMOUS). COMMUNITY COUNSELING & MEDIATION PETITIONERS-res, TERESA M. (ANONYMOUS), ET AL., RESPONDENTS-ap

MATTER OF ISIAH M. (ANONYMOUS). COMMUNITY COUNSELING & MEDIATION PETITIONERS-res, TERESA M. (ANONYMOUS), ET AL., RESPONDENTS-ap — MATTER OF JEROME W. M. (ANONYMOUS). COMMUNITY COUNSELING & MEDIATION PETITIONERS-res, TERESA M. (ANONYMOUS), ET AL., RESPONDENTS-ap — Separate appeals by Teresa M. and Elwood M. from two orders of the Family Court, Kings County, both entered September 22, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PATRICIA HOUSTON ap, v. SAMUEL EMANUEL KOSZER res, ET AL., def

PATRICIA HOUSTON ap, v. SAMUEL EMANUEL KOSZER res, ET AL., def — Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated March 29, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE A. C.-P. (ANONYMOUS). CESAR O. F.-F. (ANONYMOUS), PETITIONER-APPELLANT; MARIA E. P.-F. (ANONYMOUS) RESPONDENTS-res

MATTER OF JOSE A. C.-P. (ANONYMOUS). CESAR O. F.-F. (ANONYMOUS), PETITIONER-APPELLANT; MARIA E. P.-F. (ANONYMOUS) RESPONDENTS-res — Appeal by Cesar O. F.-F. from an order of the Family Court, Suffolk County, dated February 2, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JORDAN S. JOSEPHSON res-ap, v. OXFORD HEALTH INSURANCE, INC. APPELLANTS-res

JORDAN S. JOSEPHSON res-ap, v. OXFORD HEALTH INSURANCE, INC. APPELLANTS-res — Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect appeals and cross appeals from an order of the Supreme Court, Nassau County, dated May 3, 2016, and a judgment of the same court dated June 23, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY AB, ETC., res, v. GEORGIA MCCARTHY, APPELLANT def

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY AB, ETC., res, v. GEORGIA MCCARTHY, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, both dated May 6, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DAVID RAMOS, ap

PEOPLE, ETC., res, v. DAVID RAMOS, ap — (IND. NO. 1262/08)Lynn W. L. Fahey, New York, NY, for appellant.


Chambers, J.P.; Roman, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THIA K. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; LUKE K. (ANONYMOUS), res

MATTER OF THIA K. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; LUKE K. (ANONYMOUS), res — (PROCEEDING NO. 2) (DOCKET NOS. N-28552-14, N-28553-14)Appeal by the petitioner from an order of the Family Court, Kings County (Alan Beckoff, J.), dated May 13, 2016. The order, after a fact-finding hearing, and upon a finding that the petitioner failed to establish that the respondent neglected the subject children, in effect, dismissed the petitions with prejudice.


Leventhal, J.P.; Cohen, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

U.S. BANK NATIONAL ASSOCIATION, ETC., res, v. DANIEL CALABRO, ETC. APPELLANTS def

U.S. BANK NATIONAL ASSOCIATION, ETC., res, v. DANIEL CALABRO, ETC. APPELLANTS def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 1, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROBERT CANNELLA, ap, v. JUVAL SPECTOR, ETC. res

ROBERT CANNELLA, ap, v. JUVAL SPECTOR, ETC. res — Motion by the respondent to strike certain material on pages 3 through 5 of the appellant's reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 24, 2016. Cross motion by the appellant to strike certain material on page 23 of the respondents' brief on the grounds, inter alia, that it refers to matter dehors the record.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARCY R. BARON, ap, v. RONALD SUISSA, res

MARCY R. BARON, ap, v. RONALD SUISSA, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 4, 2014.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HENRY WEINSTEIN APPELLANTS-res, v. JOHN BALESTRIERE RESPONDENTS-ap

HENRY WEINSTEIN APPELLANTS-res, v. JOHN BALESTRIERE RESPONDENTS-ap — Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge until May 12, 2017, the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 23, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EVANGELINE DAUGHTRY, res, v. KENNETH JACOBS, ap

MATTER OF EVANGELINE DAUGHTRY, res, v. KENNETH JACOBS, ap — Appeal by Kenneth Jacobs from an order of the Family Court, Kings County, dated August 23, 2016. By decision and order on motion of this Court dated January 26, 2017, the appellant's time to respond to the dated October 27, 2016, was extended, and the appellant was directed to file an affidavit or affirmation containing certain material within 30 days after the date of the decision and order on motion. The appellant has not complied with the decision and order on motion of this Court dated January 26, 2017.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ESTATE OF BENNIE BEBLE EVANS, BY ROSA CHIFFON EVANS, ADMINISTRATOR, plf-res, v. ARTEC CONSTRUCTION AND DEVELOPMENT CORP., DEFENDANT THIRD-PARTY/SECOND THIRD-PARTY plf-res, MOTHER GASTON HOUSING DEVELOPMENT FUND COMPANY, INC., DEFENDANT SECOND THIRD-PARTY PLAINTIFF-res, C.J.L. CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT/THIRD THIRD-PARTY PLAINTIFF-res, CERTIFIED TESTING LABORATORIES, INC., SECOND THIRD-PARTY DEFENDANTres, FALCO CONSTRUCTION, CORP., THIRD THIRD-PARTY def-res

ESTATE OF BENNIE BEBLE EVANS, BY ROSA CHIFFON EVANS, ADMINISTRATOR, plf-res, v. ARTEC CONSTRUCTION AND DEVELOPMENT CORP., DEFENDANT THIRD-PARTY/SECOND THIRD-PARTY plf-res, MOTHER GASTON HOUSING DEVELOPMENT FUND COMPANY, INC., DEFENDANT SECOND THIRD-PARTY PLAINTIFF-res, C.J.L. CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT/THIRD THIRD-PARTY PLAINTIFF-res, CERTIFIED TESTING LABORATORIES, INC., SECOND THIRD-PARTY DEFENDANTres, FALCO CONSTRUCTION, CORP., THIRD THIRD-PARTY def-res — Motion by C.J.L. Construction Company, and separate motion by Certified Testing Laboratories, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 22, 2016, insofar as taken against each of them, as untimely taken.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JAMES WALLS, ap, v. NEW YORK STATE BOARD OF PAROLE, ETC., ET AL., res

MATTER OF JAMES WALLS, ap, v. NEW YORK STATE BOARD OF PAROLE, ETC., ET AL., res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, dated October 17, 2016, as a poor person and for the assignment of counsel.


Rivera, J.P.; Chambers, Duffy and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEVIN W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, DEVONNE W. (ANONYMOUS), res-res

MATTER OF DEVIN W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, DEVONNE W. (ANONYMOUS), res-res — Appeal by Devonne W. from an order of the Family Court, Kings County, dated May 12, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

IFEANYI GABRIEL AGU, pet-res, v. DEBORAH WILLIAMS, ap, ADMINISTRATION FOR CHILDRENS SERVICES, res-res

MATTER OF IFEANYI GABRIEL AGU, pet-res, v. DEBORAH WILLIAMS, ap, ADMINISTRATION FOR CHILDRENS SERVICES, res-res — Appeal by Deborah Williams from an order of the Family Court, Queens County, dated June 22, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAMELL C. (ANONYMOUS), ap

MATTER OF DAMELL C. (ANONYMOUS), ap — Appeal by Damell C. from an order of the Family Court, Kings County, dated June 8, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOHN HOGAN, res, v. PROVIDENCE HOGAN, ap

JOHN HOGAN, res, v. PROVIDENCE HOGAN, ap — Appeal by Providence Hogan from an order of the Supreme Court, Kings County, dated March 24, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE CUEVA, ap, v. SKANSKA USA BUILDING, INC., res

JOSE CUEVA, ap, v. SKANSKA USA BUILDING, INC., res — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 8, 2015.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALEX CHO ap, v. JOHN M. MICHELANGELI, res

ALEX CHO ap, v. JOHN M. MICHELANGELI, res — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 5, 2015.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LATREVA A. SCOTT, res, v. KOCEDRAL D. WRIGHT, ap

MATTER OF LATREVA A. SCOTT, res, v. KOCEDRAL D. WRIGHT, ap — Appeal by Kocedral D. Wright from an order of the Family Court, Queens County, dated October 27, 2016. By order to show cause dated February 3, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated December 15, 2016, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BARRY J. W. (ANONYMOUS), JR. ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap

MATTER OF BARRY J. W. (ANONYMOUS), JR. ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap — (PROCEEDING NO. 1) — Appeals by Barry W. from two orders of the Family Court, Suffolk County, both dated October 19, 2016. By order to show cause dated February 3, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the aboveentitled proceedings for failure to comply with a dated December 15, 2016, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ZENOBIA A. B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, ABDUL H. B. (ANONYMOUS), res-res

MATTER OF ZENOBIA A. B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, ABDUL H. B. (ANONYMOUS), res-res — Appeal by Abdul H. B. from an order of the Family Court, Kings County, dated December 21, 2015. By decision and order on motion of this Court dated February 3, 2017, the respondent-appellant's time to perfect the appeal was enlarged until March 6, 2017. The appellant has failed to perfect the appeal.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SAMUEL M. LASHLEE, ap, v. DEBORAH M. LASHLEE, res

MATTER OF SAMUEL M. LASHLEE, ap, v. DEBORAH M. LASHLEE, res — Appeal by Samuel M. Lashlee from an order of the Family Court, Dutchess County, dated August 29, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 16, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

IRIS RULLAN, res, v. SHARON COLLINS, ap

MATTER OF IRIS RULLAN, res, v. SHARON COLLINS, ap — Appeal by Sharon Collins from an order of the Family Court, Kings County, dated February 15, 2017.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ZEPHYR D. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; LUKE K. (ANONYMOUS), res

MATTER OF ZEPHYR D. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; LUKE K. (ANONYMOUS), res — (PROCEEDING NO. 1) (DOCKET NOS. N-28552-14, N-28553-14)Appeal by the petitioner from an order of the Family Court, Kings County (Alan Beckoff, J.), dated May 13, 2016. The order, after a fact-finding hearing, and upon a finding that the petitioner failed to establish that the respondent neglected the subject children, in effect, dismissed the petitions with prejudice.


Leventhal, J.P.; Cohen, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MATTHEW PAUL, res, v. SHERRY PAUL, ap

MATTHEW PAUL, res, v. SHERRY PAUL, ap — Appeal by Sherry Paul from a judgment of the Supreme Court, Orange County, dated June 9, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 13, 2017. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. JOSEPH K. ADLERSTEIN, APPELLANT def

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. JOSEPH K. ADLERSTEIN, APPELLANT def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 21, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ESTHER PINTO res, v. JOHN E. KEHOE ap, ET AL., def

ESTHER PINTO res, v. JOHN E. KEHOE ap, ET AL., def — Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge until May 16, 2017, the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NYCTL 2011-A TRUST, plf, BANK OF NEW YORK MELLON res, v. WENDELL KEANE ap, ET AL., def

NYCTL 2011-A TRUST, plf, BANK OF NEW YORK MELLON res, v. WENDELL KEANE ap, ET AL., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 26, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TRINITY W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap

MATTER OF TRINITY W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap — (PROCEEDING NO. 3) — Appeals by Barry W. from two orders of the Family Court, Suffolk County, both dated October 19, 2016. By order to show cause dated February 3, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the aboveentitled proceedings for failure to comply with a dated December 15, 2016, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

A. F., res, v. K. H., ap

MATTER OF A. F., res, v. K. H., ap — Appeal by K. H. from an order of the Family Court, Rockland County, dated January 3, 2017.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, N.A., res, v. STEPHANIE HEAPHY, a/k/a STEPHANIE ORLANDO HEAPHY ap, ET AL., def

WELLS FARGO BANK, N.A., res, v. STEPHANIE HEAPHY, a/k/a STEPHANIE ORLANDO HEAPHY ap, ET AL., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GABRIEL M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res

MATTER OF GABRIEL M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res — (PROCEEDING NO. 3) — Appeal by Orton M. from an order of the Family Court, Queens County, dated January 25, 2017. By order on certification of this Court dated March 8, 2017, the following attorney was assigned as counsel for the appellant on the appeal:


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARCO E. MUNOZ, ap, v. CATHERINE OCONNOR-GANG, res

MATTER OF MARCO E. MUNOZ, ap, v. CATHERINE OCONNOR-GANG, res — Appeal by Marco E. Munoz from an order of the Family Court, Westchester County, dated May 6, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 13, 2017. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BABU SINGH, ap, v. 702-694 ROCKAWAY AVENUE CORP. res

BABU SINGH, ap, v. 702-694 ROCKAWAY AVENUE CORP. res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 45-day enlargement of time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 19, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., ap, v. MICHAEL THOMAS, a/k/a MICHAEL MARSH, res

PEOPLE, ETC., ap, v. MICHAEL THOMAS, a/k/a MICHAEL MARSH, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 28, 2016.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STEPHEN C. SILVERBERG ap, v. BANK OF NEW YORK MELLON, ETC. res

STEPHEN C. SILVERBERG ap, v. BANK OF NEW YORK MELLON, ETC. res — Motion by the respondents Bank of New York Mellon, Merscorp Holdings, Inc., Mortgage Electronic Registration Systems, Inc., Bayview Loan Servicing, Bayview Financial, L.P., Berkman Henoch Peterson Peddy & Fenschel, P.C., Gilbert Henoch, Steven J. Peddy, Gary H. Friedenberg, Miriam Milgrom, Stephen J. Brookmeyer, Joseph E. Macy, Rudolf J. Karvay, Gregory P. Peterson, Bruce J. Bergman, Steven Brock, Robert A. Caruba, Vinson J. Friedman, Stanley Mishkin, Todd C. Steckler, Peter Sullivan, and Erick R. Vallely, and separate motion by the respondents Country Wide Home Loans, Inc., Countrywide Financial Corporation, Bank of America Corporation, and Bank of America, N.A., to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2015.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SIMON SCHWARZ, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF SCHWARZ ap, v. HELENE SCHWARZ res

SIMON SCHWARZ, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF SCHWARZ ap, v. HELENE SCHWARZ res — Motion by Marisa Falero for leave to serve and file an amicus curiae brief on appeals from four orders of the Supreme Court, Kings County, dated September 20, 2013, March 25, 2014, June 5, 2014, and November 3, 2014, respectively.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROBERT JOHNSON, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, ASHLEY TAYLOR, ETC., ET AL., APPELLANTS-res, v. MRIDASIM AGUWA res-ap, ET AL., res

ROBERT JOHNSON, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, ASHLEY TAYLOR, ETC., ET AL., APPELLANTS-res, v. MRIDASIM AGUWA res-ap, ET AL., res — Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated August 17, 2016. Separate application by the respondents-appellants to enlarge the time to serve and file an answering brief.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. MIRTHA HARRIS-ERIN, APPELLANT def

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. MIRTHA HARRIS-ERIN, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, both entered January 23, 2015.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LEONARDO TORRES, res, v. GUSTO LATINO BAR & RESTAURANT, INC. ap, ET AL., def

LEONARDO TORRES, res, v. GUSTO LATINO BAR & RESTAURANT, INC. ap, ET AL., def — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 4, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. TEAIR JAMAU RIDENHOUR, ap

PEOPLE, ETC., res, v. TEAIR JAMAU RIDENHOUR, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Westchester County, rendered June 25, 2014.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KYLE A. D. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, EVERTON G. D. (ANONYMOUS), res-res

MATTER OF KYLE A. D. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, EVERTON G. D. (ANONYMOUS), res-res — (PROCEEDING NO. 2) — Appeals by Everton G. D. from two orders of the Family Court, Queens County, dated December 19, 2016, and December 22, 2016, respectively. By order on certification of this Court dated February 24, 2017, the following attorney was assigned as counsel for the appellant on the appeals:


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

US BANK, NA, res, v. STUART HUDSON, ETC., ap, ET AL., def

US BANK, NA, res, v. STUART HUDSON, ETC., ap, ET AL., def — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GAVIN W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap

MATTER OF GAVIN W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, BARRY W. (ANONYMOUS), RESPONDENT-ap — (PROCEEDING NO. 2) — Appeals by Barry W. from two orders of the Family Court, Suffolk County, both dated October 19, 2016. By order to show cause dated February 3, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the aboveentitled proceedings for failure to comply with a dated December 15, 2016, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD LOPEZ, ap, v. GRICELEY REYES, res

MATTER OF RICHARD LOPEZ, ap, v. GRICELEY REYES, res — Appeal by Richard Lopez from an order of the Family Court, Orange County, dated February 29, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GUY M. J. (ANONYMOUS), ap, v. ABIOLA N. S. (ANONYMOUS), res

MATTER OF GUY M. J. (ANONYMOUS), ap, v. ABIOLA N. S. (ANONYMOUS), res — On the Court's own motion, it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, NA, ETC., res, v. JACLYN SASSON APPELLANTS def

WELLS FARGO BANK, NA, ETC., res, v. JACLYN SASSON APPELLANTS def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered December 10, 2015, and December 11, 2015, respectively, on the ground that the record is inadequate, and to enlarge the time to serve and file a brief.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BIANCA G. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, TYRA R.-W. (ANONYMOUS), APPELLANT res

MATTER OF BIANCA G. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, TYRA R.-W. (ANONYMOUS), APPELLANT res — Appeal by Tyra R.-W. from an order of fact-finding and disposition of the Family Court, Westchester County, dated October 5, 2015. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VALLEY NATIONAL BANK, res, v. D-HYPNOTIC, INC., def, ALFRED REYES, ap

VALLEY NATIONAL BANK, res, v. D-HYPNOTIC, INC., def, ALFRED REYES, ap — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated March 16, 2016.


Dillon, J.P.; Leventhal, Cohen and Miller, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAQUILA REALTY, LLC, res, v. JALYNG FOOD CORP. ap

LAQUILA REALTY, LLC, res, v. JALYNG FOOD CORP. ap — (INDEX NO. 2002/10)Appeal from a judgment of the Supreme Court, Westchester County (James W. Hubert, J.), dated February 21, 2014. The judgment, upon a decision of that court dated December 13, 2013, made after a nonjury trial, is in favor of the plaintiff and against the defendants in the total sum of $1,183,698.38.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AMARIAH M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res

MATTER OF AMARIAH M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-res, ORTON M. (ANONYMOUS), res-res — (PROCEEDING NO. 2) — Appeal by Orton M. from an order of the Family Court, Queens County, dated January 25, 2017. By order on certification of this Court dated March 8, 2017, the following attorney was assigned as counsel for the appellant on the appeal:


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOAN BEHRENS, ap, v. NORTH MERRICK FRUITS, INC., DOING BUSINESS AS PATS FARMS, res

JOAN BEHRENS, ap, v. NORTH MERRICK FRUITS, INC., DOING BUSINESS AS PATS FARMS, res — (INDEX NO. 6861/14)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (K. Murphy, J.), entered May 18, 2016, which granted the defendant's motion for summary judgment dismissing the complaint and denied her cross motion for leave to supplement or amend her bill of particulars.


Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ADJUSTABLE RATE MORTGAGE TRUST 2005-1, res, v. GEORGE SAMARAS, ap

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR ADJUSTABLE RATE MORTGAGE TRUST 2005-1, res, v. GEORGE SAMARAS, ap — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Westchester County, both dated August 5, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. CHRISTOPHER WELCH, ap

PEOPLE, ETC., res, v. CHRISTOPHER WELCH, ap — (S.C.I. NOS. 15-00791, 15-00792, AND 15-00796)Gary E. Eisenberg, New City, NY, for appellant.


Mastro, J.P.; Leventhal, Hall and Cohen, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOLORES FELICIANO, ap, v. ANDREW KING, res

MATTER OF DOLORES FELICIANO, ap, v. ANDREW KING, res — Appeal by Dolores Feliciano from an order of the Family Court, Suffolk County, dated January 12, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MICHAEL ANDERSON, ap

PEOPLE, ETC., res, v. MICHAEL ANDERSON, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 31, 2016, on the ground that the order is neither appealable as of right nor by permission.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HONESTY M. M. M. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, TAIKEEM L. W. (ANONYMOUS), res-res

MATTER OF HONESTY M. M. M. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, TAIKEEM L. W. (ANONYMOUS), res-res — Appeals by Taikeem L. W. from two orders of the Family Court, Suffolk County, both dated January 25, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. EDWARD FRANZESE, ap

PEOPLE, ETC., res, v. EDWARD FRANZESE, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 8, 2015.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GINA PUGLIESE, ap, v. DENNIS PUGLIESE, res

GINA PUGLIESE, ap, v. DENNIS PUGLIESE, res — Application by the respondent pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Orange County, dated May 31, 2016, and October 3, 2016, respectively, and an amended order of the same court dated June 9, 2016.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. CARLOS DELEG ALVARRACIN, ap

PEOPLE, ETC., res, v. CARLOS DELEG ALVARRACIN, ap — (S.C.I. NO. 2767/14)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin-Brandt, J.), rendered March 2, 2015, convicting him of possessing a sexual performance by a child, upon his plea of guilty, and imposing sentence.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TDS LEASING, LLC, DOING BUSINESS AS 815 YONKERS AVENUE SERIES OF TDS LEASING ap, v. EMANUEL TRADITO res

TDS LEASING, LLC, DOING BUSINESS AS 815 YONKERS AVENUE SERIES OF TDS LEASING ap, v. EMANUEL TRADITO res — (INDEX NO. 61532/12) In an action, inter alia, to recover damages for breach of a lease, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Adler, J.), dated September 11, 2014, as denied the motion of the plaintiff Milton Rainford for summary judgment on the issue of liability on the cause of action alleging breach of the covenant of quiet enjoyment and granted the defendants' cross motion, in effect, for summary judgment dismissing that cause of action insofar as asserted by him.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. GERALD SPEARS, ap

PEOPLE, ETC., res, v. GERALD SPEARS, ap — (IND. NO. 4423/12) Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 23, 2014, upon his plea of guilty, on the ground that the sentence was excessive.


Eng, P.J.; Austin, Roman, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JEE-YUNG (AMY) YANG, res, v. KREM REALTY, INC., ap

JEE-YUNG (AMY) YANG, res, v. KREM REALTY, INC., ap — (INDEX NO. 9442/10)In an action to recover damages for rent overcharges, the defendant appeals from an order of the Supreme Court, Kings County (Ash, J.), dated October 7, 2015, which denied its motion for summary judgment dismissing the complaint.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, res, v. ESTHER M. LABIN def, CHAIM LAX ap

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, res, v. ESTHER M. LABIN def, CHAIM LAX ap — (INDEX NO. 12235/08)Joseph J. Haspel, Goshen, NY, for respondent.


Chambers, J.P.; Austin, Hinds-Radix and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ANDRES DIAZ-OLMO, ap

PEOPLE, ETC., res, v. ANDRES DIAZ-OLMO, ap — (IND. NO. 2601/12) Lynn W. L. Fahey, New York, NY (Anna Pervukhin of counsel), for appellant.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NYCTL 2008-A TRUST ap, v. TRINCO, INC., ET AL., def, TOWER EQUITIES, INC., res

NYCTL 2008-A TRUST ap, v. TRINCO, INC., ET AL., def, TOWER EQUITIES, INC., res — (INDEX NO. 14203/09)In an action to foreclose a real property tax lien, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Sherman, J.), dated November 25, 2014, as denied those branches of their motion which were for summary judgment on the complaint insofar as asserted against the defendant Tower Equities, Inc., to strike the answer of the defendant Tower Equities, Inc., and to appoint a referee to compute the total sums due and owing to the plaintiffs on the subject tax lien.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VERONICA CASTRO-QUESADA, res, v. ISABEL TUAPANTA, a/k/a ISABEL JANINA TUAPANTA, a/k/a ISABEL JANINA TOAPANTA def, CHURCH AVE. CAR SERVICE, INC., ap

VERONICA CASTRO-QUESADA, res, v. ISABEL TUAPANTA, a/k/a ISABEL JANINA TUAPANTA, a/k/a ISABEL JANINA TOAPANTA def, CHURCH AVE. CAR SERVICE, INC., ap — (INDEX NO. 500844/11)In an action to recover damages for personal injuries, the defendant Church Ave. Car Service, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (King, J.), dated June 25, 2015, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LORI ANN COFFEY, res, v. ROBERT A. COFFEY, ap

MATTER OF LORI ANN COFFEY, res, v. ROBERT A. COFFEY, ap — (DOCKET NO. F-11283-05)Appeal by the father from an order of commitment of the Family Court, Nassau County (Edmund M. Dane, J.), dated March 31, 2016. The order of commitment, in effect, confirmed an order of fact-finding and an order of disposition of that court (Tomasina Mastroianni, S.M.), dated September 29, 2015, and September 30, 2015, respectively, made after a hearing, finding that the father willfully violated a prior order of child support, and committed him to the custody of the Nassau County Correctional Facility for a period of 180 days. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738), in which she moves for leave to withdraw as counsel for the appellant.


Dillon, J.P.; Balkin, Austin and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AURORA LOANS SERVICES, LLC, ETC., res, v. NEAL W. MANDEL, APPELLANT def

AURORA LOANS SERVICES, LLC, ETC., res, v. NEAL W. MANDEL, APPELLANT def — (INDEX NO. 48302/09)In an action to foreclose a mortgage, the defendant Neal W. Mandel appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 6, 2014, as granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against him, for an order of reference, and to amend the caption to substitute Nationstar Mortgage, LLC, as the plaintiff, and denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LISA M. PELLERITO, a/k/a LISA FERBER, ap, v. MICHAEL T. PELLERITO, res

LISA M. PELLERITO, a/k/a LISA FERBER, ap, v. MICHAEL T. PELLERITO, res — (INDEX NO. 7873/11)Glenn S. Koopersmith, Garden City, NY, for respondent.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PRATOW CORPORATION, ap, v. STATE OF NEW YORK, res

PRATOW CORPORATION, ap, v. STATE OF NEW YORK, res — (CLAIM NO. 122445)In a claim to recover damages for breach of contract, the claimant appeals from a judgment of the Court of Claims (Scuccimarra, J.), dated September 23, 2015, which, upon a decision of the same court dated August 19, 2015, made after a trial, is in favor of the defendant and against it dismissing the claim.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BUZINA JAFFIER, ap, v. CITY OF NEW YORK res

MATTER OF BUZINA JAFFIER, ap, v. CITY OF NEW YORK res — (INDEX NO. 12230/14)In a proceeding pursuant to General Municipal Law §50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Jiminez-Salta, J.), dated April 24, 2015, which denied the petition.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARSHALL STARKMAN, ap, v. CITY OF LONG BEACH res

MARSHALL STARKMAN, ap, v. CITY OF LONG BEACH res — (INDEX NO. 16834/10)In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (Bruno, J.), entered November 24, 2014, which, upon a jury verdict on the issue of damages, is in favor of the plaintiff and against the defendants in the principal sums of only $100,000 for past medical expenses, $200,000 for past loss of earnings, $500,000 for past pain and suffering, $200,000 for future medical expenses, $450,000 for future loss of earnings, and $750,000 for future pain and suffering.


Balkin, J.P.; Austin, Sgroi and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WARREN DAVIS, ap, v. STATE OF NEW YORK, res

WARREN DAVIS, ap, v. STATE OF NEW YORK, res — (CLAIM NO. 116916) Law Offices of Francis X. Young, PLLC, White Plains, NY, for appellant.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DAVID LEWIS, ap

PEOPLE, ETC., res, v. DAVID LEWIS, ap — (IND. NO. 10918/11)Lynn W. L. Fahey, New York, NY (Ronald Zapata of counsel), for appellant.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. HECTOR CASIANO, ap

PEOPLE, ETC., res, v. HECTOR CASIANO, ap — (IND. NO. 5663/12) Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered July 16, 2013, convicting him of assault in the second degree, assault in the third degree, and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MARTEL DUNNING, ap

PEOPLE, ETC., res, v. MARTEL DUNNING, ap — (IND. NO. 10521/13) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schwartz, J.), rendered April 15, 2015, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and resisting arrest, upon a jury verdict, and imposing sentence.


Priscilla Hall, J.P.; Miller, Connolly and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JASON DUNLOP, ETC., res, v. COUNTY OF SUFFOLK ap

JASON DUNLOP, ETC., res, v. COUNTY OF SUFFOLK ap — (INDEX NO. 19612/08)In an action to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Suffolk County (Hudson, J.), dated May 26, 2015, which denied their motion for summary judgment dismissing the complaint.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FLORENTIN ROMERO, res, v. 2200 NORTHERN STEEL, LLC, APPELLANT (AND A THIRD-PARTY ACTION)

FLORENTIN ROMERO, res, v. 2200 NORTHERN STEEL, LLC, APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 700521/12)In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), dated September 29, 2014, as granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1).


Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DCR MORTGAGE VI SUB I, LLC, res, v. PEOPLES UNITED FINANCIAL, INC., ap

DCR MORTGAGE VI SUB I, LLC, res, v. PEOPLES UNITED FINANCIAL, INC., ap — (INDEX NO. 64256/14)In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 7, 2015, as denied its motion for summary judgment dismissing the complaint, and (2) so much of an order of the same court dated June 2, 2015, as denied that branch of its motion which was for leave to renew its prior motion for summary judgment, and, upon granting reargument, adhered to the prior determination made in the order dated January 7, 2015, denying its motion for summary judgment dismissing the complaint.


Rivera, J.P.; Balkin, Chambers and Cohen, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EDUARDO DEROSAS, ap, v. ROSMARINS LAND HOLDINGS, LLC, FORMERLY KNOWN AS R.R.E., LLC, ET AL., RESPONDENTS def

EDUARDO DEROSAS, ap, v. ROSMARINS LAND HOLDINGS, LLC, FORMERLY KNOWN AS R.R.E., LLC, ET AL., RESPONDENTS def — (INDEX NO. 285/13)Michael Fuller Sirignano, Cross River, NY, for appellant.


Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANTHONY TUMMINELLO ap, v. CITY OF NEW YORK, res

ANTHONY TUMMINELLO ap, v. CITY OF NEW YORK, res — (INDEX NO. 1489/14)Kelner & Kelner, New York, NY (Joshua D. Kelner of counsel), for appellants.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. RAYMOND SHARP, ap

PEOPLE, ETC., res, v. RAYMOND SHARP, ap — (IND. NOS. 34/14, 119/14) Steven A. Feldman, Uniondale, NY, for appellant.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LEE DODGE, INC., DOING BUSINESS AS BROOKLYN AUTO GROUP res, v. SOVEREIGN BANK, N.A., AND/OR DOING BUSINESS AS SOVEREIGN AUTOMOTIVE FINANCE GROUP APPELLANTS def

LEE DODGE, INC., DOING BUSINESS AS BROOKLYN AUTO GROUP res, v. SOVEREIGN BANK, N.A., AND/OR DOING BUSINESS AS SOVEREIGN AUTOMOTIVE FINANCE GROUP APPELLANTS def — (INDEX NO. 509747/14)Appeal from an order of the Supreme Court, Kings County (Martin M. Solomon, J.), dated March 19, 2015. The order denied the motion of the defendants Sovereign Bank, N.A., and/or doing business as Sovereign Automotive Finance Group, Santander Holdings USA, Inc., Steven Reilly, and Kevin Webber pursuant to CPLR 3211(a) and CPLR 3016 to dismiss the complaint insofar as asserted against them.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TIMOTHY MUNROE, ap, v. JOSEPH PONTE, ETC. res

MATTER OF TIMOTHY MUNROE, ap, v. JOSEPH PONTE, ETC. res — (INDEX NO. 13984/14)In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York City Department of Correction dated February 7, 2014, which summarily terminated the petitioner's employment as a correction officer pursuant to Public Officers Law §30(1)(e) on the basis of his misdemeanor conviction of falsifying business records in the second degree, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Weiss, J.), entered June 9, 2015, which granted the respondents' motion pursuant to CPLR 3211(a) and 7804(f) to dismiss the petition, and dismissed the proceeding.


Rivera, J.P.; Chambers, Roman and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

OAK ROCK FINANCIAL, LLC, res, v. WILLIAM RODRIGUEZ, ap

OAK ROCK FINANCIAL, LLC, res, v. WILLIAM RODRIGUEZ, ap — (INDEX NO. 64425/14)In an action to recover upon a guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from (1) an order of the Supreme Court, Suffolk County (Pines, J.), dated January 22, 2015, which denied his motion pursuant to CPLR 3211(a)(8) to dismiss the action for lack of personal jurisdiction, and (2) an order of the same court, also dated January 22, 2015, which granted the plaintiff's motion for summary judgment in lieu of complaint and directed that an inquest be held to determine the amount of the plaintiff's attorney's fees.


Priscilla Hall, J.P.; Cohen, Barros and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MOHAMMED WASAY, PLAINTIFF/PETITIONER/COUNTERCLAIM def-ap, v. ANWAR ALVI, DEFENDANT/RESPONDENT/COUNTERCLAIM plf-res, ET AL., DEFENDANTS (AND ANOTHER TITLE)

MOHAMMED WASAY, PLAINTIFF/PETITIONER/COUNTERCLAIM def-ap, v. ANWAR ALVI, DEFENDANT/RESPONDENT/COUNTERCLAIM plf-res, ET AL., DEFENDANTS (AND ANOTHER TITLE). (INDEX NO. 9329/11)In a hybrid action, inter alia, to recover damages for breach of fiduciary duty and waste of corporate assets, and proceeding pursuant to Business Corporation Law §1104 for the judicial dissolution of two corporations, the plaintiff/petitioner/counterclaim defendant appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered December 11, 2014, as denied those branches of his motion which were pursuant to CPLR 3211(a)(5) to dismiss the defendant/respondent/counterclaim plaintiff's first, second, fourth, fifth, and seventh counterclaims as time-barred.


Chambers, J.P.; Roman, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE FERNANDEZ, ap, v. CITY OF NEW YORK, res

JOSE FERNANDEZ, ap, v. CITY OF NEW YORK, res — (INDEX NO. 505243/13)Hofmann & Schweitzer, New York, NY (Paul T. Hofmann of counsel), for appellant.


Priscilla Hall, J.P.; Cohen, Miller and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NACHAMA HIRSCH, plf, v. BENJAMIN HIRSCH RESPONDENTS; ROBERT J. MUSSO, ETC., INTERVENOR-ap

NACHAMA HIRSCH, plf, v. BENJAMIN HIRSCH RESPONDENTS; ROBERT J. MUSSO, ETC., INTERVENOR-ap — (INDEX NO. 20231/97)Benjamin Hirsch, Brooklyn, NY, respondent pro se.


Leventhal, J.P.; Hall, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VICTORY M, LLC, res, v. SANDRA FREDERIC, ap

VICTORY M, LLC, res, v. SANDRA FREDERIC, ap — (INDEX NO. 507085/14)Lee M. Nigen, Brooklyn, NY (Ellery Ireland of counsel), for appellant.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALEXANDER SINAY, ap, v. GARY SCHWARTZMAN, ET AL., res

ALEXANDER SINAY, ap, v. GARY SCHWARTZMAN, ET AL., res — (INDEX NO. 17323/08)Irina Kushel, Brooklyn, NY (Michael Lichtenberg of counsel), for appellant.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TOWER INSURANCE COMPANY OF NEW YORK, AS SUBROGEE OF MAIN STREET L.I., INC., ap, v. HANDS ACROSS LONG ISLAND, INC., res

TOWER INSURANCE COMPANY OF NEW YORK, AS SUBROGEE OF MAIN STREET L.I., INC., ap, v. HANDS ACROSS LONG ISLAND, INC., res — (INDEX NO. 7580/10)In a subrogation action, inter alia, to recover damages for negligence and breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Santorelli, J.), entered January 29, 2015, as granted those branches of the defendant's motion which were for summary judgment dismissing the causes of action alleging negligence and breach of contract.


Rivera, J.P.; Balkin, Chambers and Cohen, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def

KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — (INDEX NO. 34030/06)APPEAL by the defendant third-party plaintiff, On the Right Track, LLC, and SEPARATE APPEAL by the additional third-party plaintiff, Southeastern Metal, Inc., in an action to recover damages for breach of contract, from an order of the Supreme Court (Ann T. Pfau, J.), dated April 4, 2013, and entered in Kings County, which denied their motion pursuant to CPLR 4404(b), in effect, to set aside so much of a judgment of the same court entered February 5, 2013, as, upon a decision of the same court dated January 16, 2013, made after a nonjury trial, was in favor of the plaintiff third-party defendant, Kamco Supply Corp., and the third-party defendants Kamco Supply Corp. of Boston, Kamco Supply Corp. of New England, and Kamco Building Supply Corp., dismissing all counterclaims and the third-party complaint insofar as asserted against those parties.


Chambers, J.P.; Hall, Duffy and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

B. S. (ANONYMOUS) PETITIONERS-res, v. B. T. (ANONYMOUS), res-ap, ET AL., res

MATTER OF B. S. (ANONYMOUS) PETITIONERS-res, v. B. T. (ANONYMOUS), res-ap, ET AL., res — (DOCKET NO. V-01293-09)Appeal by the mother from an order of the Supreme Court, Kings County (IDV Part) (Esther M. Morgenstern, J.), dated February 26, 2015. The order, after a hearing, granted the petition of the grandmother and stepgrandfather pursuant to Family Court Act article 6 for visitation with the subject child.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TDS Leasing, LLC, doing business as 815 Yonkers Avenue Series of TDS Leasing appellants, v Emanuel Tradito respondents

2014-09371 TDS Leasing, LLC, doing business as 815 Yonkers Avenue Series of TDS Leasing appellants, v Emanuel Tradito respondents. (Index No. 61532/12)

2014-09371
Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, ap, v. ESTHER M. LABIN def, CHAIM LAX res

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, ap, v. ESTHER M. LABIN def, CHAIM LAX res — (INDEX NO. 12235/08)Joseph J. Haspel, Goshen, NY, for appellant.


Chambers, J.P.; Austin, Hinds-Radix and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JESSICA C. GRAHAM, ap, v. CHARLES T. RAWLEY, res

MATTER OF JESSICA C. GRAHAM, ap, v. CHARLES T. RAWLEY, res — (APPEAL NOS. 1, 2, AND 3) (DOCKET NOS. V-143-09, V-961-09)Appeals by the mother from three orders of the Family Court, Richmond County (Alison M. Hamanjian, Ct. Atty. Ref.), all dated February 9, 2016, and an order of the same court (Karen B. Wolff, J.), dated February 24, 2016. The orders dated February 9, 2016, dismissed the mother's family offense petition and related motions, without prejudice. The order dated February 24, 2016, denied the mother's motion to vacate a prior custody order.


Rivera, J.P.; Sgroi, Duffy and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ALEXANDER FERNANDEZ, ap

PEOPLE, ETC., res, v. ALEXANDER FERNANDEZ, ap — (S.C.I. NO. 1348-14)Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DAQUAN BOWERS, ap

PEOPLE, ETC., res, v. DAQUAN BOWERS, ap — (IND. NO. 423/13)Lynn W. L. Fahey, New York, NY (Ronald Zapata of counsel), for appellant.


Rivera, J.P.; Balkin, Chambers and Cohen, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOSE E. JIMENEZ, ap

PEOPLE, ETC., res, v. JOSE E. JIMENEZ, ap — (IND. NO. 2279/12) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered June 3, 2015, convicting him of predatory sexual assault against a child, course of sexual conduct against a child in the first degree (two counts), criminal contempt in the second degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.


Dillon, J.P.; Sgroi, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ARYELLE F. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; ESPERANZA F. (ANONYMOUS), ap

MATTER OF ARYELLE F. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; ESPERANZA F. (ANONYMOUS), ap — (DOCKET NO. N-21824-14)Tennille M. Tatum-Evans, New York, NY, for appellant.


Leventhal, J.P.; Cohen, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BANK OF AMERICA, N.A., ETC., res, v. TAUSIF A. LATIF, APPELLANT def

BANK OF AMERICA, N.A., ETC., res, v. TAUSIF A. LATIF, APPELLANT def — (INDEX NO. 130028/09)In an action to foreclose a mortgage, the defendant Tausif A. Latif appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated November 19, 2015, as denied those branches of his motion which were pursuant to CPLR 5015(a)(4) to vacate a judgment of foreclosure and sale of the same court dated February 2, 2010, entered upon his failure to appear or answer the complaint, and pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him.


Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. EXANDER ROSADO, ap

PEOPLE, ETC., res, v. EXANDER ROSADO, ap — (IND. NO. 12-00899) Lisa H. Blitman, New York, NY, for appellant.


Balkin, J.P.; Miller, Duffy, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. TION TULLOCK, ap

PEOPLE, ETC., res, v. TION TULLOCK, ap — (IND. NO. 8290/12)Jay H. Schwitzman, Brooklyn, NY, for appellant.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, res, v. ESTHER M. LABIN def, MOSHE LEIB LAX, ETC. ap

VLADIMIR SUDIT, DOING BUSINESS AS VS INTERNATIONAL, res, v. ESTHER M. LABIN def, MOSHE LEIB LAX, ETC. ap — (INDEX NO. 12235/08) In an action to foreclose a mortgage, the defendants Moshe Leib Lax and Zlaty Schwartz, as preliminary executors of the estate of Chaim Lax, and Citibank, N.A. as successor trustee to US Bank National Association, as trustee for MASTR Adjustable Rate Mortgages Trust 2007-HFI, Mortgage Pass-Through Certificates, Series 2007-Hfiappeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated February 11, 2015, as denied their cross motion for a default judgment on their counterclaims and granted that branch of the plaintiff's cross motion which was for leave to serve a late reply to their counterclaims.


Chambers, J.P.; Austin, Hinds-Radix and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LOUIS CUKIERWAR, res, v. COLLEGE CENTRAL NETWORK, INC., ap

LOUIS CUKIERWAR, res, v. COLLEGE CENTRAL NETWORK, INC., ap — (INDEX NO. 7599/12)Seth L. Marcus, White Plains, NY, for appellant.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOHN EGAN, ap

PEOPLE, ETC., res, v. JOHN EGAN, ap — (IND. NOS. 2838-12, 471-13, 1406-13) Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Efman, J.), rendered September 30, 2014, convicting him, under Indictment No. 2838-12, of aggravated criminal contempt, criminal contempt in the first degree, and assault in the third degree, upon a jury verdict, and imposing sentence, (2) a judgment of the same court, also rendered September 30, 2014, convicting him, under Indictment No. 471-13, of criminal contempt in the first degree and criminal contempt in the second degree (two counts), upon a jury verdict, and imposing sentence, and (3) a judgment of the same court, also rendered September 30, 2014, convicting him, under Indictment No. 1406-13, of tampering with a witness in the fourth degree and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.


Chambers, J.P.; Hall, Miller and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. QUINN BRITTON, ap

PEOPLE, res, v. QUINN BRITTON, ap — Appeal by the defendant from an order of the Supreme Court, Kings County (Del Giudice, J.), dated November 19, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.


Leventhal, J.P.; Hall, Austin and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. VINCENT MEYERS, ap

PEOPLE, ETC., res, v. VINCENT MEYERS, ap — (IND. NO. 294/13)Patrick Michael Megaro, Uniondale, NY, for appellant.


Rivera, J.P.; Balkin, Chambers and Cohen, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARSHALL & STERLING, INC., res, v. DANIEL SOUTHARD, APPELLANT def

MARSHALL & STERLING, INC., res, v. DANIEL SOUTHARD, APPELLANT def — (INDEX NO. 7374/10) In an action, inter alia, to recover damages for breach of contract, the defendant Daniel Southard appeals (1) from a decision of the Supreme Court, Dutchess County (Forman, J.), dated March 18, 2014, made after a nonjury trial, and (2), as limited by his brief, from so much of an order of the same court dated January 14, 2015, as denied that branch of his motion which was pursuant to CPLR 4404(b) to set aside the decision.


Balkin, J.P.; Leventhal, Roman and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MACKENZIE P. G. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; TIFFANY P. (ANONYMOUS) ap

MATTER OF MACKENZIE P. G. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; TIFFANY P. (ANONYMOUS) ap — (DOCKET NO. N-151-13)Appeals by Tiffany P. and Rahshead W. from an amended order of fact-finding and disposition of the Family Court, Richmond County (Arnold Lim, J.), dated December 10, 2015. The order, insofar as appealed from by Tiffany P., found that she had severely abused, physically abused, and medically neglected the subject child and, insofar as appealed from by Rahshead W., found that he had physically abused and medically neglected the subject child.


Chambers, J.P.; Hall, Maltese and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PRATOW CORPORATION, ap, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, ET AL., res

MATTER OF PRATOW CORPORATION, ap, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, ET AL., res — (INDEX NO. 369/14)In a proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the Hudson Valley Transportation Management Center to place the petitioner on the light duty rotational tow list for Post 2 on Interstate Highway 684 in Westchester County, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered January 16, 2015, which denied the petition and dismissed the proceeding.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ZHANNA DUNAJSKI, res, v. SERGE N. KIRILLOV, ET AL., APPELLANTS def

ZHANNA DUNAJSKI, res, v. SERGE N. KIRILLOV, ET AL., APPELLANTS def — (INDEX NO. 2831/15)In an action to recover damages for personal injuries, the defendants Serge N. Kirillov and Tatyana Klimina appeal from so much of an order of the Supreme Court, Kings County (Wade, J.), entered April 19, 2016, as granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability insofar as asserted against them.


Rivera, J.P.; Leventhal, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DANIEL v. GILER, ap

PEOPLE, ETC., res, v. DANIEL v. GILER, ap — (IND. NO. 902/13)Lynn W. L. Fahey, New York, NY (Laura B. Tatelman of counsel), for appellant.


Dillon, J.P.; Roman, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ADRIAN STEWART, ap

PEOPLE, ETC., res, v. ADRIAN STEWART, ap — (IND. NO. 12-01451)Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Westchester County (Neary, J.), imposed March 19, 2014, consisting of three indeterminate terms of 1 1/3 to 4 years' imprisonment upon his convictions of driving while intoxicated (two counts) and aggravated unauthorized operation of a vehicle in the first degree, to run consecutively, two definite terms of 6 months' imprisonment upon his convictions of aggravated unlicensed operation of a motor vehicle in the second degree (two counts), to run concurrently with each other and with the three indeterminate terms of imprisonment, and an unconditional discharge upon his conviction of failure to maintain proper license plates.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NEBOJSA VOJVODIC ap, v. CITY OF NEW YORK RESPONDENTS def

NEBOJSA VOJVODIC ap, v. CITY OF NEW YORK RESPONDENTS def — (INDEX NO. 2802/11)In a consolidated action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Queens County (Kerrigan, J.), dated October 22, 2014, as granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it, and (2) from so much of a judgment of the same court entered December 16, 2014, as, upon an order of the same court dated February 25, 2014, inter alia, granting the motion of the defendants Redeemer Lutheran School and Evangelical Lutheran Church of the Redeemer for summary judgment dismissing the complaint insofar as asserted against them, is in favor of those defendants and against the plaintiffs, dismissing the complaint insofar as asserted against them.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHRISTIAN P. S.-A. (ANONYMOUS). HUMBERTO R. S.-B. (ANONYMOUS), ap; LAURA S. A.-C. (ANONYMOUS), res

MATTER OF CHRISTIAN P. S.-A. (ANONYMOUS). HUMBERTO R. S.-B. (ANONYMOUS), ap; LAURA S. A.-C. (ANONYMOUS), res — (DOCKET NO. G-14315-15)Appeal by the father from an order of the Family Court, Queens County (Nicolette M. Pach, J.H.O.), dated June 13, 2016. The order, after a hearing, in effect, denied the father's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC §1101(a)(27)(J).


Dillon, J.P.; Balkin, Austin and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WALL STREET MORTGAGE BANKERS, LTD., res, v. CHARLES RODGERS, APPELLANT def

WALL STREET MORTGAGE BANKERS, LTD., res, v. CHARLES RODGERS, APPELLANT def — (INDEX NO. 32977/08)In an action to foreclose a mortgage, the defendant Charles Rodgers appeals from an order of the Supreme Court, Kings County (Ash, J.), dated August 6, 2014, which denied his motion, in effect, pursuant to CPLR 5015(a)(2) to vacate an order of the same court dated July 24, 2012, based on newly discovered evidence.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ARVIND NIJHAWAN, res, v. CARLTON REID ap

ARVIND NIJHAWAN, res, v. CARLTON REID ap — (INDEX NO. 5690/13) David S. Kritzer & Associates, P.C., Smithtown, NY, for appellants.


Dillon, J.P.; Austin, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HARMONY H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; WELTON H. (ANONYMOUS), APPELLANT res

MATTER OF HARMONY H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; WELTON H. (ANONYMOUS), APPELLANT res — (DOCKET NO. N-11750/13) Appeals by the father from an order of fact-finding of the Family Court, Kings County (Robert D. Mulroy, J.), dated November 14, 2014, and an order of disposition of that court (Alan Beckoff, J.), dated February 9, 2016. The order of fact-finding, insofar as appealed from, after a hearing, found that the father neglected the subject child. The order of disposition placed the child in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing.


Leventhal, J.P.; Cohen, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MICHELLE WILSON, ap, v. COUNTY OF WESTCHESTER, ET AL., res

MICHELLE WILSON, ap, v. COUNTY OF WESTCHESTER, ET AL., res — (INDEX NO. 51351/12)In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Connolly, J.), dated November 6, 2014, which, upon a jury verdict on the issue of liability, and upon the denial of her motion pursuant to CPLR 4404(a) to set aside the verdict as contrary to the weight of the evidence and for a new trial, is in favor of the defendants and against her, in effect, dismissing the complaint.


Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHARLES T. RAWLEY, res, v. JESSICA GRAHAM, ap

MATTER OF CHARLES T. RAWLEY, res, v. JESSICA GRAHAM, ap — (APPEAL NO. 4) (DOCKET NOS. V-143-09, V-961-09)Appeals by the mother from three orders of the Family Court, Richmond County (Alison M. Hamanjian, Ct. Atty. Ref.), all dated February 9, 2016, and an order of the same court (Karen B. Wolff, J.), dated February 24, 2016. The orders dated February 9, 2016, dismissed the mother's family offense petition and related motions, without prejudice. The order dated February 24, 2016, denied the mother's motion to vacate a prior custody order.


Rivera, J.P.; Sgroi, Duffy and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JORDANO BESSA, res, v. ANFLO INDUSTRIES, INC., def, VISTA ENGINEERING CORPORATION APPELLANTS (AND A THIRD-PARTY ACTION)

JORDANO BESSA, res, v. ANFLO INDUSTRIES, INC., def, VISTA ENGINEERING CORPORATION APPELLANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 7596/11)In an action to recover damages for personal injuries, the defendants Royal One Real Estate, LLC, and Vista Engineering Corporation separately appeal, as limited by their respective briefs, from (1) so much of an order of the Supreme Court, Queens County (Siegal, J.), dated March 26, 2014, as denied those branches of their respective motion and cross motion which were for summary judgment dismissing the complaint insofar as asserted against each of them, and (2) so much of an order of the same court dated April 1, 2015, as, upon reargument, adhered to the determination in the order dated March 26, 2014.


Chambers, J.P.; Hall, Miller and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RAYMOND MONTERO, ap, v. POLICE ASSOCIATION OF THE CITY OF YONKERS, INC., a/k/a YONKERS POLICE BENEVOLENT ASSOCIATION, RESPONDENT (AND ANOTHER TITLE)

MATTER OF RAYMOND MONTERO, ap, v. POLICE ASSOCIATION OF THE CITY OF YONKERS, INC., a/k/a YONKERS POLICE BENEVOLENT ASSOCIATION, RESPONDENT (AND ANOTHER TITLE). (INDEX NO. 2970/14)In a proceeding pursuant to CPLR article 78 to review a determination of the Police Association of the City of Yonkers, Inc., a/k/a Yonkers Police Benevolent Association, dated June 2, 2014, expelling the petitioner from its membership, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Neary, J.), entered December 1, 2014, which denied the petition and dismissed the proceeding.


Priscilla Hall, J.P.; Austin, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. PETER SPRAUVE, ap

PEOPLE, ETC., res, v. PETER SPRAUVE, ap — (IND. NO. 2337/14) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered July 22, 2015, convicting him of tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, and assault in the third degree, upon a jury verdict, and imposing sentence.


Dillon, J.P.; Sgroi, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. BRUNY FENELON, ap

PEOPLE, ETC., res, v. BRUNY FENELON, ap — (IND. NO. 1376/12)Leon H. Tracy, Jericho, NY, for appellant.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. GLEN CAMPBELL, ap

PEOPLE, ETC., res, v. GLEN CAMPBELL, ap — (IND. NO. 2576/10)Beverly Van Ness, New York, NY, for appellant.


Dillon, J.P.; Sgroi, Hinds-Radix and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JORDAN M. EARLEY, ap

PEOPLE, ETC., res, v. JORDAN M. EARLEY, ap — (S.C.I. NO. 1/15)Yasmin Daley Duncan, Brooklyn, NY, for appellant.


Rivera, J.P.; Austin, Roman, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BATTLEFIELD FREEDOM WASH, LLC, res, v. SONG YAN ZHUO, def, TING HUI ZHENG ap

BATTLEFIELD FREEDOM WASH, LLC, res, v. SONG YAN ZHUO, def, TING HUI ZHENG ap — (INDEX NO. 3683/10)Kevin Kerveng Tung, P.C., Flushing, NY, for appellants.


Austin, J.P.; Miller, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE D. H.-P. (ANONYMOUS), ap, v. MARIA M. N. DE P. (ANONYMOUS) res

MATTER OF JOSE D. H.-P. (ANONYMOUS), ap, v. MARIA M. N. DE P. (ANONYMOUS) res — (DOCKET NO. G-2658-16)Appeals by the petitioner from two orders of the Family Court, Nassau County (Merik R. Aaron, J.), both dated June 3, 2016. The first order, upon a petition to appoint the petitioner as guardian of the subject child, without a hearing, denied the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC §1101(a)(27)(J). The second order dismissed the guardianship petition.


Dillon, J.P.; Cohen, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def

CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def — (INDEX NO. 9717/12)In an action for a judgment declaring that the defendant Philadelphia Indemnity Insurance Company is obligated to defend and indemnify the plaintiffs herein in an underlying personal injury action entitled Brunsting v. Chappaqua Cent. Sch. Dist., commenced in the Supreme Court, Westchester County, under Index No. 53598/11, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brown, J.), entered October 10, 2014, which granted the motion of the defendant Philadelphia Indemnity Insurance Company for summary judgment, in effect, declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action, and denied their cross motion for summary judgment declaring that the defendant Philadelphia Indemnity Insurance Company is so obligated.


Mastro, J.P.; Balkin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. KASHAWN FASHAW, ap

PEOPLE, ETC., res, v. KASHAWN FASHAW, ap — (IND. NO. 1760/10) Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 16, 2011, convicting him of assault in the second degree and resisting arrest, upon his plea of guilty, and imposing sentence.


Chambers, J.P.; Roman, Lasalle and Barros, JJ.

New York State Court of Appeals

People v. Matthew Slocum, No. 17

Court Declines to Weigh In on Overturned Conviction

No. 17
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Wilson took no part.

U.S. District Court, Eastern District

Meyer v. McDonald, 15-CV-1496

Judge Rules Favoring Board-Certified Doctors Is Not Discriminatory

15-CV-1496
District Judge Jack Weinstein

New York State, Court of Appeals

People v. Elmer Castillo, No. 73
and
People v. Brian Degraffenreid, No. 74

No. 73 SSM 6
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

People v. Darrion Freeman, No. 70

No. 70 SSM 1
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

People v. Julio Peguero-Sanchez, No. 72

No. 72 SSM 5
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

Franklin v. Gareyua, No. 71

No. 70 SSM 1
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

U.S. District Court, Southern District

USA v. Daugerdas, 09 Cr. 581

Government's Interest in Forfeited Funds Vested In 1994, Before Wife's Interest in Accounts Did

09 Cr. 581
District Judge William Pauley

U.S. District Court, Southern District

Forde v. Hornblower New York, LLC, 16-cv-4028

'Booze Cruise' Dram Shop Case Remanded; Court Finds It Lacks Admiralty Jurisdiction

16-cv-4028
District Judge Alison Nathan

U.S. District Court, Southern District

Charisma World Wide Corp., S.A. v. Avon Products Inc., 16 Civ. 2739

'Substantial Effect on U.S. Commerce' Pleaded By Claim U.S. Firms Lost Contracts by Infringement

16 Civ. 2739
District Judge Paul Gardephe

U.S. District Court, Southern District

Al Maya Trading Establishment v. Global Export Marketing Co., Ltd., 16-CV-2140

Modified Arbitral Award Confirmed; Panel's Ruling Did Not Deprive Party of Critical Evidence

16-CV-2140
District Judge Ronnie Abrams

Surrogate's Court, Nassau County

Matter of Paul, 2013-375862/A

Court Considers Various Criteria to Fix Fee of Counsel to Public Administrator

2013-375862/A
Judge Margaret C. Reilly

Supreme Court, Kings County, IAS Term, Part 9

Ehrenrheich v. Barber, 505582/2014

Personal Injury Plaintiff Granted Leave To Amend Complaint, Add Proper Defendant

505582/2014
Justice Debra Silber

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RICHARD MANDEL, def-app

16-087. THE PEOPLE, res, v. RICHARD MANDEL, def-app — Order (Tamiko A. Amaker, J.), dated September 5, 2014, affirmed.

16-087
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

Estate of Kathleen Shea

Order signed; - Estate of Kathleen Shea; Order signed; - Estate of Hilma Texidor; Decree signed; - Estate of Aida Iris Cortez; Decree signed; - Estate of Patrick Carmody; Decree signed; 61A2003/B - Estate of Vernon Smith; Decree signed; - Estate of Hector Couvertier; Decree signed; - Estate of George Brady; Decree signed; - Estate of Margarita Casado; Decree signed; - Estate of Carol Rush; Decree signed; - Estate of Chan Gil Park; Decree signed; - Estate of Erik Alejandro Avendano Ramirez; Decree signed; - Estate of Concepcion Beltran-Rosario; Decree signed; - Estate of Digna Delgado; Decree signed; - Estate of Josephine Sebastian; Decree signed; 428A2007/A - Estate of Samihah A Gant; Decree signed; - Estate of Benedetto Berardi; Decree signed; - Estate of Clarence Woodward; Decree signed; 251P2004/A - Estate of Michael Morgan; Decree signed; - Estate of Liborio Alemany


Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

People v. Nunez, Jose

570140/17. People v. Nunez, Jose

570140/17
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Appellate Term, First Judicial Department

People v. Guitierrez, Kiara

570116/17. People v. Guitierrez, Kiara

570116/17
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Surrogate's Court, Bronx County

Estate of Alonzo Upton

Order signed; - Estate of Alonzo Upton


Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

UTICA ACUPUNCTURE P.C. A/A/O VOLCY JEAN, plf-app, v. AMICA MUTUAL INS. CO., def-res

16-110. UTICA ACUPUNCTURE P.C. A/A/O VOLCY JEAN, plf-app, v. AMICA MUTUAL INS. CO., def-res — Order (Paul A. Goetz, J.), entered June 24, 2014, reversed, with $10 costs, and defendant's motion denied.

16-110
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MARC VELEZ, VELEZBLANCO INTERIORS INC., plf-res, v. SABRINA LOFRANCO, JOHN LOFRANCO AND CAITHLYN HOLOWATY, def-app

17-076. MARC VELEZ, VELEZBLANCO INTERIORS INC., plf-res, v. SABRINA LOFRANCO, JOHN LOFRANCO AND CAITHLYN HOLOWATY, def-app — Order (Carol R. Feinman, J.), entered September 1, 2015, insofar as appealed from, modified to dismiss the complaint of plaintiff Marc Velez and so much of the complaint of plaintiff Velez-Blanco Interiors, Inc., as seeks to recover for loans made after July 28, 2010; as modified, order affirmed, without costs.

17-076
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Hermann, Akeem

570124/17. People v. Hermann, Akeem

570124/17
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Surrogate's Court, Bronx County

Estate of Caiden Wade Clayton

Order signed; - Estate of Caiden Wade Clayton; Order signed; - Estate of David Gomez; Order signed; - Estate of Matthew William Barris; Order signed; - Estate of Kimberly Tania Reddick; Order signed; 56G2005 - Estate of Kayla Michelle Berryman; Decree signed; -Guardianship of Angel Luis Rivera Jr; Decree signed; -Guardianship of Andy Geovanni Arauz; Decree signed; -Guardianship of Kenneth Torres


Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Giuseppe Rao

Order signed; - Estate of Giuseppe Rao; Order signed; - Estate of Silvia Chavez; Order signed; - Estate of Rosa Marie Cruz-Colon; Order signed; - Estate of Arturo Batlle; Order signed; - Estate of Natalie Freeman; Order signed; - Estate of Marcius Ellis; Decree signed; - Estate of Lucia Elvira De Castro; Decree signed; - Estate of Alberta Abrams; Decree signed; - Estate of Wilfred Thomas; Decree signed; 290P2007/A - Estate of Edward Gregg; Decree signed; - Estate of Inocencia Figueroa; Decree signed; - Estate of Leighton Watson; Decree signed; - Estate of Carmen Roque Figueroa; Decree signed; - Estate of Anthony Evans; Decree signed; - Estate of Joseph Hardy; Decree signed; - Estate of Princeton McEwen; Decree signed; - Estate of George Richardson; Decree signed; - Estate of Joseph Linn; Decree signed; - Estate of Christine Isaac; Decree signed; - Estate of Satenik Shakikian


Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RONNY CABRERA, def-app

16-488. THE PEOPLE, res, v. RONNY CABRERA, def-app — Judgment of conviction (Richard Ross, J.H.O.), rendered April 5, 2016, reversed, on the law, accusatory instrument dismissed and fine, if paid, remitted.

16-488
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

Estate of Luis Miguel Guzman

Order signed; - Estate of Luis Miguel Guzman; Order signed; - Estate of Joseph Jacobs; Order signed; - Estate of Mildred Horn; Order signed; - Estate of Edwin Louis Santana; Decree signed; - Estate of Lorraine L Scarola; Decree signed; - Estate of Joseph F. Racanelli; Decree signed; - Estate of Dorothy Reilly; Decree signed; - Estate of Lorraine Floss Connolly; Decree signed; - Estate of Reatha Green; Decree signed; - Estate of Sidney Winograd; Decree signed; - Estate of David Black; Decree signed; - Estate of Sidney Winograd; Decree signed; - Estate of Joseph Linko; Decree signed; - Estate of Arthur Musiello; Decree signed; - Estate of Hildegarde Mola; Decree signed; - Estate of Charles F La Rosa; Decree signed; - Estate of Michael Jay Mitchell; Decree signed; - Estate of Edward L Corey Jr; Decree signed; - Estate of Charles Baptiste


Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

UTOPIA EQUIPMENT, INC., A/A/O TYRONE GAIME, plf-res, v. INFINITY INSURANCE COMPANY, def-app

16-460. UTOPIA EQUIPMENT, INC., A/A/O TYRONE GAIME, plf-res, v. INFINITY INSURANCE COMPANY, def-app — Order (Carol R. Feinman, J.), entered June 26, 2015, reversed, with $10 costs, motion granted and complaint dismissed.

16-460
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Supreme Court, Kings County, IAS Term, Part 52

Delfasco, LLC v. Webb-Stiles Co, 501946/16

Court Dismisses Action for an Accounting, The Parties Have No Fiduciary Relationship

501946/16
Justice Francois Rivera

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

DAKOTA JADE T., AN INFANT, BY HER MOTHER AND NATURAL GUARDIAN, TIESHA J. plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap

3144. DAKOTA JADE T., AN INFANT, BY HER MOTHER AND NATURAL GUARDIAN, TIESHA J. plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap — Herzfeld & Rubin, P.C., New York (Miriam Skolnik of counsel), for ap — Rheingold, Valet, Rheingold, Ruffo & Giuffra, LLP, New York (Jeremy A. Hellman of counsel), for res — Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 28, 2016, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

3144
Richter, J.P., Manzanet-Daniels, Gische, Webber, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PNY III, LLC FORMERLY KNOWN AS PNY III, LP PLAINTIFFS, v. AXIS DESIGN GROUP INTERNATIONAL, LLC def-res, ULM II HOLDING CORP, def-ap

3445-3446. PNY III, LLC FORMERLY KNOWN AS PNY III, LP PLAINTIFFS, v. AXIS DESIGN GROUP INTERNATIONAL, LLC def-res, ULM II HOLDING CORP, def-ap — UNITED CHURCH INSURANCE ASSOCIATION AS SUBROGEE OF CHURCH OF THE COVENANT PRESBYTERIAN, PLAINTIFF, v. AXIS DESIGN GROUP INTERNATIONAL, LLC def-res, ULM II HOLDING CORP, def-ap — Haworth Coleman & Gerstman, LLC, New York (Barry Gerstman of counsel), for ap — Byrne & O'Neill, LLP, New York (Albert Westey McKee of counsel), for res — Appeals from orders, Supreme Court, New York County (Paul Wooten, J.), entered November 16, 2015, which granted the motions of defendants Axis Design Group International LLC (Axis) and Joseph V. Lieber, P.E., pursuant to CPLR 3211(a)(1) and (7), dismissing plaintiff PNY III, LLC f/k/a PNY III, LP and American Guarantee and Liability Insurance Company a/s/o PNY III, LLC f/k/a PNY III, LP,'s (PNY) complaint as against them, and dismissing plaintiff United Church Insurance Association a/s/o Church of the Covenant Presbyterian's (United Church) complaint as against them, unanimously dismissed, without costs, as moot.

3445-3446
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. YAHYA ALZANDANI, ap

PEOPLE, ETC., res, v. YAHYA ALZANDANI, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Westchester County, rendered May 26, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WESELEY E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res

MATTER OF WESELEY E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 4) B-2753-13, B-24085-12) — Appeals by Angel C. from five orders of the Family Court, Kings County, all dated February 10, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE 15 WEST 55TH ST. PROPERTY [M-132]. LLC pet, v. HON. JAMES D'AUGUSTE, ETC. res

3468. IN RE 15 WEST 55TH ST. PROPERTY [M-132]. LLC pet, v. HON. JAMES D'AUGUSTE, ETC. res — Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Brooklyn (Anthony J. Genovesi, Jr. of counsel), for pet — Eric T. Schneiderman, Attorney General, New York (Alissa S. Wright of counsel), for Hon. James d'Auguste, res — Zachary W. Carter, Corporation Counsel, New York (Brian Krist of counsel), for City of New York, res — The abovenamed petitioners having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules,Now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon,It is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements. This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.

3468
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD E. PORTILLO, res, v. TRISHA J MARAJ, APPELLANT; DONOVAN R. P. (ANONYMOUS), NONPARTY-ap

MATTER OF RICHARD E. PORTILLO, res, v. TRISHA J MARAJ, APPELLANT; DONOVAN R. P. (ANONYMOUS), NONPARTY-ap — (PROCEEDING NO. 1) — Separate appeals by Trisha J. Maraj and Donovan R. P. from an order of the Family Court, Nassau County, dated September 30, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. ARLIN RUIZ, ap

PEOPLE, res, v. ARLIN RUIZ, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated May 15, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. LAMONT GRAY, def-ap

3462. PEOPLE, res, v. LAMONT GRAY, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for res — Judgment, Supreme Court, New York County (Larry R.C. Stephen, J. at suppression hearing; Robert M. Stolz, J. at plea and sentencing), rendered June 12, 2013, convicting defendant of two counts of operating a motor vehicle while under the influence of alcohol, and sentencing him to a term of six months, with five years' probation and a $2500 fine, unanimously affirmed.

3462
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. HAYWOOD HINTON, def-ap

3300-3302. PEOPLE, res, v. HAYWOOD HINTON, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for ap — HAYWOOD HINTON, APPELLANT PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), for res — Judgment, Supreme Court, New York County (Jill Konviser, J. at dismissal motion; Patricia M. Nuez, J. at suppression hearing; Juan M. Merchan, J. at jury trial, sentencing and resentencing), rendered November 6, 2014, as amended February 9, 2016, convicting defendant of 17 counts of criminal possession of a forged instrument in the first degree, and sentencing him, as a second felony offender, to 17 concurrent terms of 1 to 4 years, unanimously modified, on the law, to the extent of granting defendant's motion to suppress the 15 counterfeit bills recovered from his shoulder bag and dismissing counts 3 through 17 of the indictment, and otherwise affirmed, and order, same court (Juan M. Merchan, J.), entered on or about March 30, 2015, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

3300-3302
Friedman, J.P., Andrias, Feinman, Kapnick, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

MARIA DEL CARMEN HERNANDEZ, plf-res, v. 34 DOWNING OWNERS CORP., def-ap

3456. MARIA DEL CARMEN HERNANDEZ, plf-res, v. 34 DOWNING OWNERS CORP., def-ap — Mauro Lilling Naparty LLP, Woodbury (Kathryn M. Beer of counsel), for ap — Law Offices of William Pager, Brooklyn (William Pager of counsel), for res — Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered October 17, 2016, which denied the motion of defendant building owner for summary judgment dismissing the complaint, unanimously affirmed, without costs.

3456
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, IND. 1265/14 res, v. KEVIN KAREEM, def-ap

3447. PEOPLE, IND. 1265/14 res, v. KEVIN KAREEM, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for res — Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 24, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 5 years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

3447
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JANICE CURRA, plf-res, v. BRUNSWICK HOSPITAL CENTER, INC., def-res, BM REALTY GROUP, LLC, ap

JANICE CURRA, plf-res, v. BRUNSWICK HOSPITAL CENTER, INC., def-res, BM REALTY GROUP, LLC, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered August 16, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

570 SMITH STREET CORP. plf-res, v. SENECA INS. COMPANY, INC., def-ap, COVERAGE CONCEPTS, INC., def

3467N. 570 SMITH STREET CORP. plf-res, v. SENECA INS. COMPANY, INC., def-ap, COVERAGE CONCEPTS, INC., def — Ken Maguire & Associates, PLLC, Garden City (Kenneth R. Maguire of counsel), for ap — Weg & Myers, P.C., New York (Joshua L. Mallin of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 23, 2016, which directed defendant insurer to produce documents that it had claimed were subject to the attorney-client privilege, unanimously reversed, on the law and facts, with costs, and the directive vacated.

3467N
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

Appellate Term, First Judicial Department

Halmoni Realty Corp., v. Jacobs, Darlene Ex-parte applications are declined

570742/16. Halmoni Realty Corp., v. Jacobs, Darlene Ex-parte applications are declined.

570742/16
: Lowe, III, P.J., Schoenfeld, Lind-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEZAREE W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap

MATTER OF DEZAREE W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap — (PROCEEDING NO. 3) — Motion by the attorney for the children to dismiss an appeal from an order of the Family Court, Queens County, dated February 26, 2016, on the ground that it has been rendered academic.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ABBIE KUGLER, res, v. GREGG KUGLER, ap

ABBIE KUGLER, res, v. GREGG KUGLER, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered September 20, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

HARVEY RUBIN, plf-res, v. JAMES S. BAUMANN def-ap

3459-3461. HARVEY RUBIN, plf-res, v. JAMES S. BAUMANN def-ap — Zingman & Associates PLLC, New York (Mitchell S. Zingman of counsel), for ap — Joseph H. Neiman, Jamaica Estates, for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about July 22, 2016, which granted plaintiff's motion for partial summary judgment, unanimously reversed, on the law, with costs and the motion denied. Order, same court and Justice, entered July 25, 2016, which denied defendants' motion to strike plaintiff's motion, unanimously reversed, on the law, with costs and the motion granted. Appeal from order, same court and Justice, entered August 29, 2016, which granted defendants' motion for reargument but, upon reargument, adhered to its prior determination, unanimously dismissed, without costs, as academic.

3459-3461
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NANCY COTTER, ETC. res, v. SADAF AHSAN ap, ET AL., def

NANCY COTTER, ETC. res, v. SADAF AHSAN ap, ET AL., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated June 16, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ISAIAH T. F.-C. (ANONYMOUS), a/k/a ISAIAH F.-C. (ANONYMOUS), a/k/a ISAIAH F. (ANONYMOUS), a/k/a ISAIAH C. (ANONYMOUS). GRAHAM WINDHAM SERVICES TO FAMILIES AND CHILDREN, PETITIONER-res, DJUAN C. (ANONYMOUS), res-res

MATTER OF ISAIAH T. F.-C. (ANONYMOUS), a/k/a ISAIAH F.-C. (ANONYMOUS), a/k/a ISAIAH F. (ANONYMOUS), a/k/a ISAIAH C. (ANONYMOUS). GRAHAM WINDHAM SERVICES TO FAMILIES AND CHILDREN, PETITIONER-res, DJUAN C. (ANONYMOUS), res-res — Appeal by D'Juan C. from an order of the Family Court, Kings County, dated April 11, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAWRENCE GUGLIARA, ap, v. PHILIP GUGLIARA, ETC., res

LAWRENCE GUGLIARA, ap, v. PHILIP GUGLIARA, ETC., res — Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated February 18, 2016, to waive the filing fee, and for the assignment of counsel.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MICHELE BESOSA, res, v. ERIC C. BESOSA, ap

MATTER OF MICHELE BESOSA, res, v. ERIC C. BESOSA, ap — Appeal by Eric C. Besosa from an order of the Family Court, Suffolk County, dated January 23, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. EDWIN MENDEZ, def-ap

3457. PEOPLE, res, v. EDWIN MENDEZ, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for res — Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 29, 2014, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

3457
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DIANA LAJARA ap, v. JERZY MACURA res, ET AL., def

DIANA LAJARA ap, v. JERZY MACURA res, ET AL., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 1, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PERSAIUS A.-K. (ANONYMOUS), ap — ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, YASIN A.-K. (ANONYMOUS) res-res

MATTER OF PERSAIUS A.-K. (ANONYMOUS), ap — ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, YASIN A.-K. (ANONYMOUS) res-res — (PROCEEDING NO. 1) — Appeal by Persaius A.-K. and Taymius A.-K. from an order of the Family Court, Kings County, dated February 9, 2016. By order on certification of this Court dated January 24, 2017, the following named attorney was assigned as counsel to respond to the appeal on behalf of Yasin A.-K.:


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

First Judicial Department, Appellate Division

THE COURT ANNOUNCES THE FOLLOW MOTION ORDERS:

M-591. PAMELA BONILLA, plf-res, v. BASIRU MOHAMMED def-ap — An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 23, 2015,


Tom, J.P., Friedman, Sweeny, Jr., Acosta, Renwick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHIRLEY BULLOCK, DECEASED. JAMES GIBBS, PETITIONER-APPELLANT; WALLICIA HAYES, OBJECTANT-res

MATTER OF SHIRLEY BULLOCK, DECEASED. JAMES GIBBS, PETITIONER-APPELLANT; WALLICIA HAYES, OBJECTANT-res — (FILE NO. 3869/14) — Application by the petitioner-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Kings County, dated September 7, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

MARIA A. SANTANA, plf-ap, v. 3410 KINGSBRIDGE LLC def-res

3463. MARIA A. SANTANA, plf-ap, v. 3410 KINGSBRIDGE LLC def-res — Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for ap — Cascone & Kluepfel, LLP, Garden City (James K. O'Sullivan of counsel), for res — Judgment, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered June 22, 2015, after a jury trial, in favor of defendants, unanimously affirmed, without costs.

3463
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DARYL D. A. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-APPELLANT; SHANNAY W. (ANONYMOUS), ET AL., res-res

MATTER OF DARYL D. A. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-APPELLANT; SHANNAY W. (ANONYMOUS), ET AL., res-res — (PROCEEDING NO. 1) — Application by the petitioner-appellant to withdraw appeals from two orders of the Family Court, Suffolk County, both dated December 21, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. ANDREW WILLIAMS, def-ap

3159. PEOPLE, res, v. ANDREW WILLIAMS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for res — Order, Supreme Court, New York County (Larry R.C. Stephen, J.), entered September 10, 2015, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously modified, on the facts and in the exercise of discretion, to the extent of reducing the adjudication from level three to level two, and otherwise affirmed, without costs.

3159
Acosta, J.P., Renwick, Moskowitz, Feinman, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOUGLAS TILLINGER AND DAREN TILLINGER, AS CO-EXECUTORS OF THE ESTATE OF SEYMOUR TILLLINGER, ET AL., ap, v. ELLEN PICKUS, STEPHEN GORDON, AND BRUCE GORDON, AS CO-EXECUTORS OF THE ESTATE OF ELI GORDON res

DOUGLAS TILLINGER AND DAREN TILLINGER, AS CO-EXECUTORS OF THE ESTATE OF SEYMOUR TILLLINGER, ET AL., ap, v. ELLEN PICKUS, STEPHEN GORDON, AND BRUCE GORDON, AS CO-EXECUTORS OF THE ESTATE OF ELI GORDON res — Application by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2016, to substitute Ellen Pickus, Stephen Gordon, and Bruce Gordon, as co-executors of the estate of Eli Gordon, for the deceased respondent Eli Gordon, to amend the caption accordingly, and to withdraw the appeal.


Eng, P.J.; Mastro, Rivera, Dillon and Leventhal, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ILINKA PAVIC, ap, v. SLOBODAN DJOKIC, res

MATTER OF ILINKA PAVIC, ap, v. SLOBODAN DJOKIC, res — Appeal by Ilinka Pavic from an order of the Family Court, Dutchess County, dated May 19, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

77 NORTH 6 CORP., res, v. DEGREE VENTURE CAPITAL, LLC ap

77 NORTH 6 CORP., res, v. DEGREE VENTURE CAPITAL, LLC ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID CINTRON, res, v. SHOLA OLATOYE, AS CHAIRWOMAN OF THE NEW YORK CITY HOUSING AUTHORITY ap

MATTER OF DAVID CINTRON, res, v. SHOLA OLATOYE, AS CHAIRWOMAN OF THE NEW YORK CITY HOUSING AUTHORITY ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 20, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, First Judicial Department

Amalgamated Housing Corp., v. Eremeyev, George Ex-parte applications are declined

570172/17. Amalgamated Housing Corp., v. Eremeyev, George Ex-parte applications are declined.

570172/17
: Lowe, III, P.J., Schoenfeld, Lind-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARTHA GARBIE, ap, v. AZIZ AHMAD, ET AL., def, GITA VATANDOUST res

MARTHA GARBIE, ap, v. AZIZ AHMAD, ET AL., def, GITA VATANDOUST res — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs on an appeal from a judgment of the Supreme Court, Kings County, dated October 30, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ADAM H. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF ADAM H. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 2) N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. PRINCESAM BAILEY, def-ap

3441. PEOPLE, res, v. PRINCESAM BAILEY, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), and Fried, Frank, Harris Shriver & Jacobson LLP, New York (Joseph V. Micali of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Rebecca Hausner of counsel), for res — Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered July 30, 2013, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

3441
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LANCE LANE, pet, v. ANN-MARIE BRYAN, res

MATTER OF LANCE LANE, pet, v. ANN-MARIE BRYAN, res — V-28455-1016M, V-28455-1016L, V-28455-1013G, V-28455-1015K) — Motion by Lance Lane for leave to appeal to this Court from two orders of the Family Court, Kings County, both dated January 27, 2017, and to stay enforcement of the orders, pending hearing and determination of the appeals.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

TIMOTHY M. CLARKIN, plf-res, v. IN LINE RESTAURANT CORP., DOING BUSINESS AS SHUCKER'S LOBSTER AND CLAM BAR def-ap

3464. TIMOTHY M. CLARKIN, plf-res, v. IN LINE RESTAURANT CORP., DOING BUSINESS AS SHUCKER'S LOBSTER AND CLAM BAR def-ap — Rivkin Radler LLP, Uniondale (Henry Mascia of counsel), for ap — Kahn, Gordon, Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), for res — Order, Supreme Court, New York County (Geoffrey D.S. Wright, J.), entered May 18, 2016, which, to the extent appealed from, denied defendant-appellant In Line Restaurant Corp., d/b/a Shucker's Lobster And Clam Bar's (In Line) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

3464
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. ROBERT CHIBATTO, def-ap

3453. PEOPLE, res, v. ROBERT CHIBATTO, def-ap — Seymour W. James, Jr., Legal Aid Society, New York (David Crow and Ursula Bentele of counsel), and Dechert, LLP, New York (Diana Wang of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 8, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the persistent felony offender adjudication and sentence, and sentencing defendant, as a second felony offender, to a term of 2 to 4 years, and otherwise affirmed.

3453
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JUDITH FIORUCCI-MELOSEVICH, ap, v. KIANDRA ARRIETA HARRIES res

JUDITH FIORUCCI-MELOSEVICH, ap, v. KIANDRA ARRIETA HARRIES res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 5, 2017.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

ROBERT DUFFY plf-res, v. 274 WEST 19, LLC def-ap

3455. ROBERT DUFFY plf-res, v. 274 WEST 19, LLC def-ap — [AND THIRD-PARTY ACTIONS] Lester Schwab Katz & Dwyer, LLP, New York (Daniel Kotler of counsel), for ap — Jacoby & Meyers, LLP, Newburgh (Lawrence D. Lissauer of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered May 26, 2016, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing plaintiffs' complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

3455
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD REUSTLE, AS ADMINISTRATOR OF THE ESTATE OF BARBARA REUSTLE, plf-res, v. DOUGLAS PETRACO def-res, ET AL., DEFENDANTS; SMITHTOWN HEALTHCARE MANAGEMENT, LLC, ETC., THIRD-PARTY plf-res, TENDER TOUCH PHYSICAL THERAPY, P.C., THIRD-PARTY def-ap

RICHARD REUSTLE, AS ADMINISTRATOR OF THE ESTATE OF BARBARA REUSTLE, plf-res, v. DOUGLAS PETRACO def-res, ET AL., DEFENDANTS; SMITHTOWN HEALTHCARE MANAGEMENT, LLC, ETC., THIRD-PARTY plf-res, TENDER TOUCH PHYSICAL THERAPY, P.C., THIRD-PARTY def-ap — Application by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2014, to substitute Richard Reustle, as administrator of the estate of Barbara Reustle, for the deceased plaintiff-respondent Barbara Reustle, and to amend the caption accordingly.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOHN L. MCWILLIAMS, ap, v. SOPHIA KERNAN-KRAMER, res

MATTER OF JOHN L. MCWILLIAMS, ap, v. SOPHIA KERNAN-KRAMER, res — Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated December 1, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap

3448. ALEXANDER WEICHT, plf-res, v. CITY OF NEW YORK def-ap — [AND A THIRD-PARTY ACTION] Gambeski & Frum, Elmsford (Donald L. Frum of counsel), for ap — Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 21, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on his Labor Law §240(1) claim, and denied defendants' cross motion for summary judgment dismissing that claim, unanimously affirmed, without costs.

3448
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MONERAH H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF MONERAH H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 4) N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

35-33 36TH STREET CORP. plf-res, v. MONTPELIER U.S. INSURANCE COMPANY, ap, B&G GROUP, INC. def-res, ET AL., def

35-33 36TH STREET CORP. plf-res, v. MONTPELIER U.S. INSURANCE COMPANY, ap, B&G GROUP, INC. def-res, ET AL., def — Application by the defendant-respondent Natalie Bar-Levy pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

JESUS CORPORAN, plf-ap, v. ANITA ERICHSEN def-res

3444. JESUS CORPORAN, plf-ap, v. ANITA ERICHSEN def-res — Mallilo & Grossman, Flushing (Serge M. Pierre of counsel), for ap — Sweetbaum & Sweetbaum, Lake Success (Joel A. Sweetbaum of counsel), for res — Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about April 13, 2016, which granted defendants' motion for summary judgment dismissing the action on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law §5102(d), unanimously affirmed, without costs.

3444
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KYLE C. (ANONYMOUS), ap — NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, DANIEL C. (ANONYMOUS), res-res

MATTER OF KYLE C. (ANONYMOUS), ap — NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, DANIEL C. (ANONYMOUS), res-res — (PROCEEDING NO. 1) — Appeal by Kyle C. and Ryan C. from an order of the Family Court, Nassau County, dated February 17, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROGER E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res

MATTER OF ROGER E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 2) B-2753-13, B-24085-12) — Appeals by Angel C. from five orders of the Family Court, Kings County, all dated February 10, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AMYAIH v. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; STEPHEN C. (ANONYMOUS), res-res

MATTER OF AMYAIH v. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; STEPHEN C. (ANONYMOUS), res-res — (PROCEEDING NO. 2) — Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 22, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

WASHINGTON MUTUAL MORTGAGE SECURITIES CORP., plf-ap, v. VINCENT JACKSON, a/k/a VINCENT R. JACKSON, ETC., def-res, CRIMINAL COURT OF THE CITY OF NEW YORK def

3442. WASHINGTON MUTUAL MORTGAGE SECURITIES CORP., plf-ap, v. VINCENT JACKSON, a/k/a VINCENT R. JACKSON, ETC., def-res, CRIMINAL COURT OF THE CITY OF NEW YORK def — Hogan Lovells US LLP, New York (Christian Fletcher of counsel), for ap — Greenberg & Wilner, LLP, New York (Julian K. White of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 21, 2016, which, to the extent appealed from, denied plaintiff's motion for leave to renew defendant Vincent Jackson's prior motion to vacate the default judgment against him, or, alternatively, for vacatur of three of the court's prior orders, which, among other things, vacated the default judgment, granted a traverse hearing, and dismissed the case, unanimously affirmed, with costs.

3442
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

LNYC LOFT, LLC, ETC. plf-ap, v. DAVID J. LOO def, STANLEY PERELMAN def-res

3451-3452. LNYC LOFT, LLC, ETC. plf-ap, v. DAVID J. LOO def, STANLEY PERELMAN def-res — Rosenfeld & Kaplan, LLP, New York (Steven M. Kaplan of counsel), for ap — Ganfer & Shore, LLP, New York (Steven J. Shore of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 9, 2016, which, to the extent appealed from, granted defendants-respondents' motion for summary judgment dismissing the second cause of action for tortious interference with contract, unanimously reversed, on the law, with costs, and the motion for summary judgment denied. Appeal from order, same court and Justice, entered August 29, 2016, which granted plaintiff's motion for reargument and, upon reargument, adhered to its February 9, 2016 decision, unanimously dismissed, without costs, as academic.

3451-3452
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANGEL E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res

MATTER OF ANGEL E. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res — PROCEEDING NO. 3) B-2753-13, B-24085-12) — Appeals by Angel C. from five orders of the Family Court, Kings County, all dated February 10, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, First Judicial Department

1894 Eastchester Professional Bldg Ltd., v. Christopher, Gerald

570137/16. 1894 Eastchester Professional Bldg Ltd., v. Christopher, Gerald

570137/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CAROLYN J. TRAWINSKI, ap, v. JABIR & FARAG PROPERTIES, LLC def, CITY OF NEW YORK res

CAROLYN J. TRAWINSKI, ap, v. JABIR & FARAG PROPERTIES, LLC def, CITY OF NEW YORK res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 17, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, First Judicial Department

RMS Asset Management LLC v. John, Lance A. Ex-parte applications are declined

570173/17. RMS Asset Management LLC v. John, Lance A. Ex-parte applications are declined.

570173/17
: Lowe, III, P.J., Schoenfeld, Lind-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CARMEN v. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; STEPHEN C. (ANONYMOUS), res-res

MATTER OF CARMEN v. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; STEPHEN C. (ANONYMOUS), res-res — (PROCEEDING NO. 1) — Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 22, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KYRIE TEEL, ap, v. DERRICK MINUS, res

MATTER OF KYRIE TEEL, ap, v. DERRICK MINUS, res — Appeal by Kyrie Teel from an order of the Family Court, Richmond County, dated March 29, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TAYMIUS A.-K. (ANONYMOUS), ap — ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, YASIN A.-K. (ANONYMOUS) res-res

MATTER OF TAYMIUS A.-K. (ANONYMOUS), ap — ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, YASIN A.-K. (ANONYMOUS) res-res — (PROCEEDING NO. 2) — Appeal by Persaius A.-K. and Taymius A.-K. from an order of the Family Court, Kings County, dated February 9, 2016. By order on certification of this Court dated January 24, 2017, the following named attorney was assigned as counsel to respond to the appeal on behalf of Yasin A.-K.:


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CONEY ISLAND BOARDWALK COMMUNITY GARDENS ap, v. CITY OF NEW YORK res

MATTER OF CONEY ISLAND BOARDWALK COMMUNITY GARDENS ap, v. CITY OF NEW YORK res — Application pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 26, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KELLY BIXLER, ap, v. NICK C. VITRANO, res

MATTER OF KELLY BIXLER, ap, v. NICK C. VITRANO, res — Appeal by Kelly Bixler from an order of the Family Court, Suffolk County, dated August 29, 2016. The appellant's brief was filed in the office of the Clerk of this Court on March 13, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MOSHE FRUCHTHANDLER ap, v. TRI-STATE CONSUMER INSURANCE COMPANY, res

MOSHE FRUCHTHANDLER ap, v. TRI-STATE CONSUMER INSURANCE COMPANY, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

IGOR RYNDIN res, v. M&B CONSTRUCTION ap

IGOR RYNDIN res, v. M&B CONSTRUCTION ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated July 13, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JIHAD H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF JIHAD H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 1) N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JEANNE A. TURVIN, ap, v. EDWARD JOSEPH DAGOSTINO, res

MATTER OF JEANNE A. TURVIN, ap, v. EDWARD JOSEPH DAGOSTINO, res — (PROCEEDING NO. 1) — Appeals by Jeanne A. Turvin from two orders of the Family Court, Nassau County, both dated June 30, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOUGLAS G. HEINTZMAN, res-ap, v. JENNIFER C. HEINTZMAN, APPELLANT-res

MATTER OF DOUGLAS G. HEINTZMAN, res-ap, v. JENNIFER C. HEINTZMAN, APPELLANT-res — F-16417-13/13B; 14662-13/13A/15B/15C, F-16417-13/13A/13B) — Appeals by Jennifer C. Heintzman from two orders of the Family Court, Westchester County, dated March 25, 2016, and June 20, 2016, respectively, and cross appeal by Douglas G. Heintzman from the order dated June 30, 2016. The appellant-respondent's brief was filed in the office of the Clerk of this Court on February 6, 2017. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHANDRA RAMDAS, res, v. SIARIE RAMDAS, ap

CHANDRA RAMDAS, res, v. SIARIE RAMDAS, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered August 19, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EVELYN DAICH, res, v. LEONARD DAICH, ap

EVELYN DAICH, res, v. LEONARD DAICH, ap — Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated May 28, 2015, inter alia, for leave to serve and file a supplemental record containing the reply papers filed in connection with the motion that was determined by the order dated May 28, 2015.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EVERBANK, res, v. KESHIA L. RICHMOND, a/k/a KESHIA RICHMOND, ap, ET AL., def

EVERBANK, res, v. KESHIA L. RICHMOND, a/k/a KESHIA RICHMOND, ap, ET AL., def — Motion by the appellant, inter alia, to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 7, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KYMANI H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, KRYSTAL H. (ANONYMOUS), res-res

MATTER OF KYMANI H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, KRYSTAL H. (ANONYMOUS), res-res — Appeal by Krystal H. from an order of the Family Court, Kings County, dated February 29, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SPENCER HERNANDEZ-BELTRE, ap

PEOPLE, ETC., res, v. SPENCER HERNANDEZ-BELTRE, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 8, 2014.


Balkin, J.P.; Miller, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALISON M. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res

MATTER OF ALISON M. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 1) B-2753-13, B-24085-12) — Appeals by Angel C. from five orders of the Family Court, Kings County, all dated February 10, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

YUXI LI, ap, v. ANGEL CARUSO, res

YUXI LI, ap, v. ANGEL CARUSO, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered August 24, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROSEANN CRAWLEY, ap, v. MARK CRAWLEY, res

MATTER OF ROSEANN CRAWLEY, ap, v. MARK CRAWLEY, res — Appeal by Roseann Crawley from an order of the Family Court, Suffolk County, dated August 23, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEANNA ROSE SIMMS, AS ADMINISTRATOR OF THE ESTATE OF WINSTON L. GILLET PLAINTIFFS-res, v. 231 CARLTON AVENUE, LLC def-res, MIDWOOD LUMBER & MILLWORK, INC., ap

DEANNA ROSE SIMMS, AS ADMINISTRATOR OF THE ESTATE OF WINSTON L. GILLET PLAINTIFFS-res, v. 231 CARLTON AVENUE, LLC def-res, MIDWOOD LUMBER & MILLWORK, INC., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 3, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

GABOR BAUMANN plf-res, v. DAWN LIQUORS, INC. DOING BUSINESS AS DIPLOMAT WINES AND SPIRITS, def, THE STERLING PLAZA CONDOMINIUM, def-ap

3126. GABOR BAUMANN plf-res, v. DAWN LIQUORS, INC. DOING BUSINESS AS DIPLOMAT WINES AND SPIRITS, def, THE STERLING PLAZA CONDOMINIUM, def-ap — Fixler & LaGattuta, LLP, New York (Paul F. LaGattuta, III of counsel), for ap — O'Donnell & Fox, P.C., New York (Thomas O'Donnell of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 10, 2016, which, insofar as appealed from as limited by the briefs, denied the motion of defendant the Sterling Plaza Condominium (Sterling) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

3126
Richter, J.P., Manzanet-Daniels, Gische, Webber, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EVK MAXIMUS CONSTRUCTION, LLC, res, v. NORTON BROTHERS DUNN, ap

EVK MAXIMUS CONSTRUCTION, LLC, res, v. NORTON BROTHERS DUNN, ap — Appeal from an order of the Supreme Court, Suffolk County, dated March 11, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, First Judicial Department

McKenzie, Alfred v. Damazio, Akanni

570138/17. McKenzie, Alfred v. Damazio, Akanni

570138/17
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KAREEM H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF KAREEM H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 3) N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOHNATHAN JOHNSON, pet, v. EVELYN L. BRAUN, ETC. res

MATTER OF JOHNATHAN JOHNSON, pet, v. EVELYN L. BRAUN, ETC. res — Proceeding pursuant to CPLR article 78 in the nature of mandamus, and motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the aboveentitled proceeding as a poor person.


Balkin, J.P.; Cohen, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, First Judicial Department

Marin, Pedro v. Belabe, Emmanuel J.

570139/17. Marin, Pedro v. Belabe, Emmanuel J.

570139/17
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JYSIAH G. J. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-APPELLANT; SHANNAY W. (ANONYMOUS), ET AL., res-res

MATTER OF JYSIAH G. J. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-APPELLANT; SHANNAY W. (ANONYMOUS), ET AL., res-res — (PROCEEDING NO. 2) — Application by the petitioner-appellant to withdraw appeals from two orders of the Family Court, Suffolk County, both dated December 21, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NICHOLAS A. (ANONYMOUS), ap — SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, NICOLE B. (ANONYMOUS), res-res

MATTER OF NICHOLAS A. (ANONYMOUS), ap — SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, NICOLE B. (ANONYMOUS), res-res — (PROCEEDING NO. 2) — Appeal by Ghia A. and Nicholas A. from an order of the Family Court, Suffolk County, dated August 26, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DARLENE SINGLETON ap, v. F AND R ROYAL, INC. res

DARLENE SINGLETON ap, v. F AND R ROYAL, INC. res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 25, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., plf, v. SUNDAY DIPEOLU, a/k/a SOWOBI OLAMIDD, def

PEOPLE, ETC., plf, v. SUNDAY DIPEOLU, a/k/a SOWOBI OLAMIDD, def — Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Westchester County, dated December 8, 2016, which has been referred to me for determination.


Maltese, J.

Supreme Court, New York County, Part 39

Cragnotti and Partners Capital Investment-Brazil S.A. v. Quintella, 650075/2015

Mere Existence of Website Does Not Confer Jurisdiction Over Foreign Defendants

650075/2015
Justice Saliann Scarpulla

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DYLON M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap

MATTER OF DYLON M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap — (PROCEEDING NO. 2) — Motion by the attorney for the children to dismiss an appeal from an order of the Family Court, Queens County, dated February 26, 2016, on the ground that it has been rendered academic.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. LEROY WILLIAMSON, def-ap

3465-3466. PEOPLE, res, v. LEROY WILLIAMSON, def-ap — Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for ap — Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered November 10, 2014, unanimously affirmed.

3465-3466
Acosta, J.P., Renwick, Manzanet-Daniels, Webber, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KALI LEVY, res, v. MOSHE LEVY, ap

MATTER OF KALI LEVY, res, v. MOSHE LEVY, ap — Appeal by Moshe Levy from an order of the Family Court, Kings County, dated October 26, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MATTER JESSE C. W. (ANONYMOUS), a/k/a JESSE W. (ANONYMOUS), a/k/a JESSE K. (ANONYMOUS). LITTLE FLOWER CHILDREN AND FAMILY SERVICES, ET AL., PETITIONERSres, LONDA K. (ANONYMOUS) RESPONDENTS-ap

MATTER JESSE C. W. (ANONYMOUS), a/k/a JESSE W. (ANONYMOUS), a/k/a JESSE K. (ANONYMOUS). LITTLE FLOWER CHILDREN AND FAMILY SERVICES, ET AL., PETITIONERSres, LONDA K. (ANONYMOUS) RESPONDENTS-ap — Separate appeals by Londa K. and Brenton W. from an order of the Family Court, Kings County, dated June 1, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DIOZA A. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res

MATTER OF DIOZA A. C. (ANONYMOUS). ST. VINCENTS SERVICES, PETITIONER-res, ANGEL C. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 5) B-2753-13, B-24085-12) — Appeals by Angel C. from five orders of the Family Court, Kings County, all dated February 10, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, First Judicial Department

People v. Franco, Alejandro

570141/17. People v. Franco, Alejandro

570141/17
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

OMARR A. M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap

MATTER OF OMARR A. M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res, AZIZA M. (ANONYMOUS) RESPONDENTS-res, LINDA S.-M. (ANONYMOUS), NONPARTY-ap — (PROCEEDING NO. 1) — Motion by the attorney for the children to dismiss an appeal from an order of the Family Court, Queens County, dated February 26, 2016, on the ground that it has been rendered academic.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GHIA A. (ANONYMOUS), ap — SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, NICOLE B. (ANONYMOUS), res-res

MATTER OF GHIA A. (ANONYMOUS), ap — SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, NICOLE B. (ANONYMOUS), res-res — (PROCEEDING NO. 1) — Appeal by Ghia A. and Nicholas A. from an order of the Family Court, Suffolk County, dated August 26, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RYAN C. (ANONYMOUS), ap — NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, DANIEL C. (ANONYMOUS), res-res

MATTER OF RYAN C. (ANONYMOUS), ap — NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, DANIEL C. (ANONYMOUS), res-res — (PROCEEDING NO. 2) — Appeal by Kyle C. and Ryan C. from an order of the Family Court, Nassau County, dated February 17, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TRISHA J. MARAJ, ap, v. RICHARD E. PORTILLO, res, DONOVAN R. P. (ANONYMOUS), NONPARTY-ap

MATTER OF TRISHA J. MARAJ, ap, v. RICHARD E. PORTILLO, res, DONOVAN R. P. (ANONYMOUS), NONPARTY-ap — (PROCEEDING NO. 2) — Separate appeals by Trisha J. Maraj and Donovan R. P. from an order of the Family Court, Nassau County, dated September 30, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALEXANDRO N. KOPOULOS, ap, v. KATERINA ARVANITAKIS, DEFENDANT-res, IRWIN POPKIN, ETC., NONPARTYres

ALEXANDRO N. KOPOULOS, ap, v. KATERINA ARVANITAKIS, DEFENDANT-res, IRWIN POPKIN, ETC., NONPARTYres — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered August 5, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALL MEDICAL FAMILY, P.C. PLAINTIFFS-res, v. ALLEON CAPITAL PARTNERS, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT; AMSAC, INC., ETC., THIRD-PARTY DEFENDANT-res

ALL MEDICAL FAMILY, P.C. PLAINTIFFS-res, v. ALLEON CAPITAL PARTNERS, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT; AMSAC, INC., ETC., THIRD-PARTY DEFENDANT-res — Application by the defendant third-party plaintiff-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered August 24, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RONALD BENNETT, res, v. BLAKE ELECTRONIC CONTRACTING CO., INC., ET AL., ap

RONALD BENNETT, res, v. BLAKE ELECTRONIC CONTRACTING CO., INC., ET AL., ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 27, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EDWARD JOSEPH DAGOSTINO, res, v. JEANNE A. TURVIN, ap

MATTER OF EDWARD JOSEPH DAGOSTINO, res, v. JEANNE A. TURVIN, ap — (PROCEEDING NO. 2) — Appeals by Jeanne A. Turvin from two orders of the Family Court, Nassau County, both dated June 30, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Supreme Court, New York County, IAS Part 19

4720 15th Ave. LLC v. Jacobson, 160220/2014

Court Awards Plaintiff Costs and Damages For Serving Subpoenas Upon Defendants

160220/2014
Justice Kelly O'Neill Levy

Supreme Court, New York County, Part 29

Roberts v. The Ford Foundation, 156373/2014

Accident Outside Building Was Not Caused In Connection with 'Special Use' of Driveway

156373/2014
Justice Robert D. Kalish

Appellate Division, First Department

The People v. Telesford, 3638/13

Court Erred by Not Resolving Jury's Confusion As to 'Intent' in Accessorial Robbery Case

3638/13
Justice Dianne Renwick

Court_

In the Matter of a Proceeding for Support under Article 4 of the Family Court Act, Commissioner of Social Services O/B/O A.S., Petitioner v. S.B., Respondent, F-02177-09/17C

Respondent, Legally Determined Not the Subject Child's Father, Is Entitled to Refund of Overpaid Child Support; He May Pursue Claim in Family Court; Insufficient Evidence Exists to Decide if Refund Should Be Made by Support Collection Unit or Subject Child's Mother

F-02177-09/17C
Judge J. Machelle Sweeting

Disciplinary Proceeding, Supreme Court, Appellate Division, Second Judicial Department

In the Matter of Feng Li, an attorney and counselor-at-law. (Attorney Registration No. 4201208), 2010-05818

2010-05818
Before: Randall T. Eng, P.J., Reinaldo E. Rivera, Mark C. Dillon, Ruth C. Balkin, Cheryl E. Chambers, JJ.

Disciplinary Proceeding, Supreme Court, Appellate Division, Second Judicial Department

In the Matter of Peter L. Rand, an attorney and counselor-at-law. (Attorney Registration No. 2449569), 2015-05351

2015-05351
Before: Randall T. Eng, P.J., Reinaldo E. Rivera, Mark C. Dillon, Ruth C. Balkin, Cheryl E. Chambers, JJ.

District Court, Southern District

Safe Step Walk in Tub Co. v. CKH Industries, Inc., 15 Civ. 7543

Counterclaims in Breach Action Dismissed, Narrowed; Unfair Competition Claim Not Stated

15 Civ. 7543
District Judge Nelson Roman

U.S. District Court, Southern District

United States v. Paul Daugerdas, 09 Cr. 581

Judge Rejects Wife's Request for $32M Recovery of Husband's Forfeiture

09 Cr. 581 (WHP)
District Judge William Pauley III

U.S. Court of Appeals, Second Circuit

Stevens v. Rite Aid, 15-277

Firing of Needle-Averse Pharmacist Not Wrongful, Circuit Rules

15-277(L),
Before: Newman, Lynch, and Droney, C.JJ.

U.S. District Court, Eastern District

Public Free Will Corp. v. Verizon Communications Inc., 15-CV-6354

Nonprofit's Service Marks Not Shown Used Commercially For Services It Intended to Offer

15-CV-6354
District Judge Roslynn Mauskopf

U.S. District Court, Eastern District

Packer v. Raging Capital Management, LLC, CV 15-5933

Short-Swing Profits Action Denied Dismissal Under Registered Investment Adviser Exemption

CV 15-5933
Magistrate Judge Gary Brown

U.S. District Court, Southern District

Fox v. The International Conference of Funeral Service Examining Boards, 15-CV-3905

Funeral Director Exam Overseer Not State Actor Under Public Function or Joint Action Tests

15-CV-3905
District Judge Kenneth Karas

U.S. Court of Appeals, Second Circuit

Gil v. Sessions, 15-3134-ag

Alien Is Not Legitimated Child Under INA §101(c)(1) for Derivative Citizenship

15-3134-ag
Before: Walker, Hall, and Chin, C.JJ.

Supreme Court, Nassau County, Trial Part 29

Astarita v. ACME Bus Corp., 606449/16

Venue Changed to Suffolk County, Where Defendant's Principal Office Is Located

606449/16
Justice Jack Libert

Supreme Court, Nassau County, Trial/IAS Part 13

Friedman v. Burns, 6580/14

Court Grants Order to Enforce Stipulation of Settlement; Issue Remains as to Performance

6580/14
Justice Jeffrey S. Brown

Supreme Court, Kings County, IAS Term, Part 52

Unger v. Nae Edison LLC, 9699/12

Home Health Care Defendants Had No Notice of Aide's Propensity to Act in Violent Manner

9699/12
Justice Francois A. Rivera

Supreme Court, New York County, Part 45

Wal-Mart Stores, Inc. v. Visa U.S.A. Inc., 652530/2016

Fraudulent Inducement Claim Fails to Show Any False Statement as to Collateral Matters

652530/2016
Justice Anil C. Singh

Supreme Court, New York County, IAS Part 61

Sybron Canada Holdings, Inc. v. Niznick, 650908/14

Joint Venture Majority Owner Can Exercise Employment Call Option Buyout

650908/14
Justice Barry Ostrager

Supreme Court, New York County, IAS Part 8

Pure Power Boot Camp, Inc. v. Fross Zelnick Lehrman & Zissu, P.C., 112294/11

Fact Issue Exists as to Whether Limitations Period Is Tolled for Malpractice Claim

112294/11
Justice Joan M. Kenney

Appellate Division, Third Department

In the Matter of Lawrence George Wilson, Petitioner v. Commissioner of New York State Department of Corrections and Community Supervision et al., Respondents, 521976

Determination Finding Prisoner Violated Disciplinary Rules Annulled Entirely; Substantial Evidence Did Not Support Finding Prisoner Guilty of Bribery, Possessing Personal Identifying Information; Authorization for Mail Watch Not Established In Accordance With 7 NYCRR 720.3(e)910; Substantial Evidence Did Not Support Determination Prisoner Received Compensation In Exchange for Legal Assistance

521976
Before: McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ.

Civil Court, Kings County, Housing Part E

East Farm Holding One LLC, Petitioner v. Deshawn Smart, Respondents (tenants), 60272/16

Nonpayment Proceeding Cannot Stand Where There Was No Express or Implied Agreement to Pay Rent Sought in Petition; Improper Rent Demand is Fatal Defect Requiring Dismissal

60272/16
Judge Maria Ressos

Disciplinary Proceeding, Supreme Court, Appellate Division, First Judicial Department

In the Matter of Mark D. Bogard (admitted as Mark Daryl Bogard), an attorney and counselor-at-law, M-6099 (December 12, 2016)

M-6099 (December 12, 2016)
Before: Angela M. Mazzarelli, J.P., Rolando T. Acosta, Sallie Manzanet-Daniels, Troy K. Webber, Ellen Gesmer, JJ.

Appellate Division, 
Second Department

In the Matter of Darrell J. Conway, a suspended attorney, 2016-04176

Matter of Darrell J. Conway, a suspended attorney 2016-04176
Eng, P.J., Mastro, Dillon, Balkin, Barros, JJ.

U.S. District Court, Eastern District

Uwakwe v. Bridging Access to Care, Inc., 15-CV-06703

Title VII Retaliation Claim Survives Dismissal; Other Claims Untimely, Insufficiently Pleaded

15-CV-06703
District Judge Dora Irizarry

U.S. District Court, Southern District

Perez v. Terrestar Corporation, 16 Civ. 1421

Denial of Reconsideration of Order Dismissing SAC Denied Appeal; Fraud Inadequately Alleged

16 Civ. 1421
District Judge Edgardo Ramos

U.S. District Court, Southern District

MFW Associates, LLC v. Plausteiner, 15 Civ. 2513

Fraudulent Inducement Counterclaim's Dismissal in Action Over Debt Explained

15 Civ. 2513
District Judge Paul Engelmayer

U.S. District Court, Southern District

Hansen v. Wwebnet, Inc., 1:14-cv-2263

Prosecution for Tax Evasion 'Real Danger' Warranting Fifth Amendment's Invocation

1:14-cv-2263
District Judge Andrew L. Carter, Jr.

U.S. District Court, Southern District

Davidson v. AMR Corp, 16-CV-1970

Pilot's Proof of Claim Against Airline's Parent Properly Expunged as Bid to Avoid FL Judgment

16-CV-1970
District Judge Valerie Caproni

Civil Court, Kings County, Housing Part O

7825 Realty Associates, LLC v. Doll, L&T 53941/15

Evidence Does Not Establish Succession Claim as Non-Traditional Family Member

L&T 53941/15
Judge Bruce E. Scheckowitz

Civil Court, Kings County, Housing Part: R

2 Perlman Drive, LLC v. Stevens, L&T 74399/14

Court Denies Landlord's Motion for Final Judgment of Possession, Without Prejudice

L&T 74399/14
Judge Susan Avery

Civil Court, Bronx County, Housing Part I

1425 U LLC v. Heyward, 48821/2016

Petitioner Landlord Unlawfully Held Tenant Responsible For More Than Section 8 Rent

48821/2016
Judge Diane E. Lutwak

Supreme Court, New York County, Comm. Div. Part 39

Optimal Strategic U.S. Equity Ltd. v. SPV Osus Ltd., 653693/2014

Rights Included in Assignment's 'Transferred Rights' Include Right to Sue Third Parties

653693/2014
Justice Saliann Scarpulla

Supreme Court, New York County, Part 43

Ahmed v. Morgans Hotel Group Management, LLC, 153841/15

Plaintiff Who Earned Above Minimum Wage Cannot Seek Recovery of Minimum Wages

153841/15
Justice Robert R. Reed

Supreme Court, New York County, Part 54

CP JBAM Holdings LLC v. Shapiro, 651630/2016

Agent for a Disclosed Principal Is Not Liable for Owner's Obligations Under Agreement

651630/2016
Justice Shirley Werner Kornreich

Surrogate's Court, Richmond County

ESTATE OF EDWIN DAVILA, Deceased

ESTATE OF EDWIN DAVILA, Deceased (10/469/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on May 20, 2010, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.

10/469/A
Surrogate Gigante

Surrogate's Court, Bronx County

ESTATE OF VICTOR SQUIRE, Deceased

ESTATE OF VICTOR SQUIRE, Deceased (94/B/588A) — The administrator d.b.n., one of the decedent's step-daughters who is the administrator of the estates of the decedent's post-deceased spouse and son, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Hunter, J.). The supreme court order, inter alia, directed the payment of counsel fees, disbursements, funeral expenses and statutory commissions.

94/B/588A
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

EUGENE KELLY

ORDERS SIGNED MATTER OF EUGENE KELLY; Selig Langer; Jonathan Latta; Steven Laurer; Ernestine Lombardi; Michael D. Moyle; Gina Panarese; Charles Russelli; Marie Sanguinedo; Fermin A. Reid, Jr.


Surrogate Gigante

Surrogate's Court, Kings County

ESTATE OF CAITLIN

ESTATE OF CAITLIN (15/XXXX) — Petitioner, the father1 of the respondent, Caitlin, seeks to be appointed the guardian of Caitlin's person pursuant to Article 17-A of the Surrogate's Court Procedure Act (Article 17-A). Caitlin is nineteen years old and currently resides with the petitioner. She is diagnosed with seizure disorder and a developmental disability. The petitioner asserts that he commenced this proceeding because, "[Caitlin] is technically an adult and she really is not at the level where [the petitioner] feels that she understands arguments or that she understands the written language well enough, or comprehends what's going on well enough, or comprehends what's going on well enough to make decisions." The petitioner doesn't "want anyone taking advantage of her." He believes "[i]t's as simple as that." As discussed below, an analysis of whether Caitlin's inherent right to make fundamental decisions should be terminated by the grant of guardianship is not "simple" as the petitioner believes. Instead, a determination of whether a guardian for Caitlin is necessary requires a detailed and considerate analysis of her abilities, her environment, her potential, and her desire to participate in the decisions which affect her life.

15/XXXX
Surrogate Lopez Torres

Surrogate's Court, Bronx County

ESTATE OF WALLACE HEWITT, Deceased

ESTATE OF WALLACE HEWITT, Deceased (16/351/A) — In this estate the New York City Department of Social Services (DSS) moved for leave to file untimely objections to a compromise proceeding. Thereafter, DSS submitted a notice withdrawing the motion. Accordingly, this decision constitutes the order of the court marking the motion "withdrawn."

16/351/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DOROTHY CLAYTON, ALSO KNOWN AS DOROTHY LEE CLAYTON, Deceased

ESTATE OF DOROTHY CLAYTON, ALSO KNOWN AS DOROTHY LEE CLAYTON, Deceased (09/2100/A) — The administrator, one of the decedent's daughters, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of settlement of a personal injury cause of action.

09/2100/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARCO F. HERNANDEZ, ALSO KNOWN AS MARCO FIDEL HERNANDEZ, Deceased

ESTATE OF MARCO F. HERNANDEZ, ALSO KNOWN AS MARCO FIDEL HERNANDEZ, Deceased (05/A/699A) — The administrator, the spouse and sole distributee seeks leave to compromise claims arising from the decedent's death settled after mediation and to judicially account for the proceeds.

05/A/699A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HILMA TEXIDOR, Deceased

ESTATE OF HILMA TEXIDOR, Deceased (16/1480/A) — On the return date of this accounting proceeding to compel the voluntary administrator to pay funeral expenses to the petitioner, the parties entered into a stipulation pursuant to which, inter alia, objections would be filed, and the matter was adjourned to January 12, 2017, as a control date..

16/1480/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HECTOR COUVERTIER, ALSO KNOWN AS HECTOR COUVERTIER, SR., Deceased

ESTATE OF HECTOR COUVERTIER, ALSO KNOWN AS HECTOR COUVERTIER, SR., Deceased (11/2642/A) — The administrator, the decedent's granddaughter, seeks to receive and judicially account for the remaining proceeds of personal injury causes of action settled in the Supreme Court, Westchester County (Lefkowitz, J.) which are being held in her attorneys' escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicaid claim.

11/2642/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF INOCENCIA FIGUEROA, ALSO KNOWN AS INOCENSIA FIGUEROA, Deceased

ESTATE OF INOCENCIA FIGUEROA, ALSO KNOWN AS INOCENSIA FIGUEROA, Deceased (15/2577 and 15/2577/C) — In this contested estate, the decedent's son originally filed for limited letters of administration (File No. 2015-2577). Thereafter the spouse filed a cross petition seeking letters of administration (2015-2577/C) after he withdrew an application to probate a purported will of the decedent. The son then filed an affidavit seeking to withdraw his petition and consenting to the spouse's cross petition upon the filing of an appropriate bond. Accordingly, this decision constitutes the order of the court marking the administration proceeding "withdrawn" and granting the cross petition upon the filed consent. Letters of administration shall issue to the spouse upon his filing a bond in the penal sum of $41,000.

15/2577 and 15/2577/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CHAN GIL PARK, Deceased

ESTATE OF CHAN GIL PARK, Deceased (10/2592/A) — The administrator, the decedent's daughter, seeks to compromise causes of action arising from events leading to the decedent's death and to judicially account for the settlement proceeds and a no-fault death benefit.

10/2592/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ERIK ALEJANDRO RAMIREZ A/K/A BABY BOY RAMIREZ SANCHEZ YENI RAMIREZ SANCHEZ, Deceased

ESTATE OF ERIK ALEJANDRO RAMIREZ A/K/A BABY BOY RAMIREZ SANCHEZ YENI RAMIREZ SANCHEZ, Deceased (13/1614/A) — The co-administrator, the decedent's mother, seeks to lift the restrictions on her limited letters of administration so she may receive and judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.) being held in her attorneys' escrow account. The supreme court order, inter alia, directed the payment of attorneys' fees and disbursements and a Medicaid claim.

13/1614/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF CASIANO COLON, Deceased

ESTATE OF CASIANO COLON, Deceased (16/3601/A/B) — At the call of the calendar on March 17, 2017, the court granted this unopposed petition. Petitioner is allowed to resign and the Public Administrator of New York County is authorized to act as successor Voluntary Administrator (SCPA 1303[a]).

16/3601/A/B
Surrogate Mella

Surrogate's Court, Richmond County

ESTATE OF MANUELA DIAZ, Deceased

ESTATE OF MANUELA DIAZ, Deceased (14/1157) — In this administration proceeding seeking the appointment of the Public Administrator of Richmond County for the sole purpose of accepting service of process within a foreclosure action, the Guardian ad Litem appointed on behalf of the sole distributee, a person under a disability, has filed his report.

14/1157
Surrogate Gigante

Surrogate's Court, Bronx County

ESTATE OF GEORGE BRADY, Deceased

ESTATE OF GEORGE BRADY, Deceased (08/2230/K) — The administrator, one of the decedent's daughters, seeks to distribute from her attorneys' escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.

08/2230/K
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

GUARDIANSHIPS MATTER OF SHARON CHAPLIN

GUARDIANSHIPS MATTER OF SHARON CHAPLIN; John C. Singleton III; Stephanie A. Perez; Xiomara Crystal L. Watler; Nataly Amelia Hernandez.


Surrogate Gigante

Surrogate's Court, Richmond County

WAYNE R. SMITH

DECREES SIGNED MATTER OF WAYNE R. SMITH; Marion Longo; Harris Goodman; Freddie de la Cruz; Afdal Elreweny; Vincent Memoli; Gregory Giakimakis; Thomas P. Shields; Stanley Mroczkowski; Joseph Rizzuti; Helen V. Boeniger; Joseph Laforte; Henry G. Fox, Jr.; Grace Curro; Gary Peterson; Mary Jane VanPelt


Surrogate Gigante

Surrogate's Court, Bronx County

ESTATE OF MARGARITA CASADO, Deceased

ESTATE OF MARGARITA CASADO, Deceased (12/775/A) — The administrator, one of the decedent's daughters, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the settlement proceeds of a personal injury cause of action.

12/775/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF KENNETH T., PURSUANT TO SCPA ARTICLE 17-A

GUARDIANSHIP OF KENNETH T., PURSUANT TO SCPA ARTICLE 17-A (16/2616) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged intellectually disabled person.

16/2616
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

ESTATE OF JOSEPH L. PETELEY, Deceased

ESTATE OF JOSEPH L. PETELEY, Deceased (07/835/G) — In this estate, the Court by prior decisions and orders granted applications to compromise a wrongful death/personal injury cause of action on behalf of decedent against several defendants within a multiple defendant lawsuit. Limitations remained within the Letters Testamentary as against the non-settling defendants. The instant application seeks to compromise the action against an additional settling defendant.

07/835/G
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF CHARLES RUSSELLI, Deceased

ESTATE OF CHARLES RUSSELLI, Deceased (11/1015/B) — In this compromise proceeding, it appears that Gina Russelli and Grace Russelli, infants, are necessary parties, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

11/1015/B
Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF EDWIN YEE, Deceased

ESTATE OF EDWIN YEE, Deceased (17/13) — In this uncontested proceeding, an instrument dated January 18, 1979, has been offered for probate as an ancient document. Petitioner is decedent's wife, the nominated executor and sole beneficiary under the propounded instrument. In such instrument, decedent bequeaths his entire estate to petitioner and in the event she predeceases him, to their son. Decedent's other distributee, the son, has waived and consented to the instrument's admission to probate.

17/13
Surrogate Anderson

Surrogate's Court, Bronx County

ESTATE OF CAROL RUSH, Deceased

ESTATE OF CAROL RUSH, Deceased (15/1065/A) — The administrator, one of the decedent's sons, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and judicially account for the settlement proceeds of a personal injury cause of action.

15/1065/A
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

ESTATE OF SIMEONETTE MAPESCRUPI, Deceased

ESTATE OF SIMEONETTE MAPESCRUPI, Deceased (12/1083/A/B/C) — In this pending estate, the attorney for Jonathan Crupi, an interested party within the proceeding, has moved the Court for an order relieving the Conti Law Firm PLLC as attorneys of record. The application was made at the request and upon the written consent of Jonathan Crupi.

12/1083/A/B/C
Surrogate Gigante

Surrogate's Court, Bronx County

ESTATE OF RICARDO GONZALEZ, Deceased

ESTATE OF RICARDO GONZALEZ, Deceased (14/2130/A) — The administrator, the decedent's spouse, seeks to lift the restrictions contained in her limited letters of administration so that she may receive the net proceeds of a legal malpractice cause of action.

14/2130/A
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

ESTATE OF ROSEMARY O'HALLORAN, Deceased

ESTATE OF ROSEMARY O'HALLORAN, Deceased (17/194) — Petitioner seeks probate of a propounded instrument, dated July 20, 2012, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to her.

17/194
Surrogate Gigante

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JEANETTE v. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; MARINA L. (ANONYMOUS), RESPONDENT-res

MATTER OF JEANETTE v. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; MARINA L. (ANONYMOUS), RESPONDENT-res — Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 10, 2016. Pursuant to 670.4(a)(2) of the rules of this Court (see 22 NYCRR §670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

US BANK, NATIONAL ASSOCIATION, res, v. ROSE I. ONUOHA, APPELLANT def

US BANK, NATIONAL ASSOCIATION, res, v. ROSE I. ONUOHA, APPELLANT def — Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 13, 2015.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JAMAL JABER plf-ap, v. DAVID A. TODD, JR., def-ap, HAPPY CHILD TRANSPORTATION, LLC, res

JAMAL JABER plf-ap, v. DAVID A. TODD, JR., def-ap, HAPPY CHILD TRANSPORTATION, LLC, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated May 16, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ZGONENA, ROBERT

2014-2468 OR CR. THE PEOPLE v. ZGONENA, ROBERT — Motion by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors on an appeal from a judgment of conviction of the Justice Court of the Village of Tuxedo Park, Orange County, rendered September 2, 2014. By order to show cause dated January 10, 2017, appellant was directed to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors was filed, or, if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors.

2014-2468 OR CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TREC, DOROTA

2017-410 K CR. THE PEOPLE v. TREC, DOROTA — Appeal from an order of the Criminal Court of the City of New York, Kings County, entered December 8, 2016.

2017-410 K CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. YAOHUA DENG

2016-1103 S CR. THE PEOPLE v. YAOHUA DENG — Appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 28, 2016.

2016-1103 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID A. H. (ANONYMOUS). CHILDREN'S VILLAGE, PETITIONER-res, GEORGE T. J. (ANONYMOUS) RESPONDENTS-ap

MATTER OF DAVID A. H. (ANONYMOUS). CHILDREN'S VILLAGE, PETITIONER-res, GEORGE T. J. (ANONYMOUS) RESPONDENTS-ap — (PROCEEDING NO. 1) — Appeals by George T. J. and separate appeals by Charvella A. H. from two orders of the Family Court, Queens County, both dated January 9, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel E. Lubetsky, Esq., dated March 12, 2017, it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EMIGRANT BANK, FORMERLY KNOWN AS EMIGRANT SAVINGS BANK, plf-res, v. WANG REAL PROPERTY, LLC ap, JOHN HON def-res, ET AL., def

EMIGRANT BANK, FORMERLY KNOWN AS EMIGRANT SAVINGS BANK, plf-res, v. WANG REAL PROPERTY, LLC ap, JOHN HON def-res, ET AL., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered September 21, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

E. D. (ANONYMOUS), res, v. D. T. (ANONYMOUS), ap

MATTER OF E. D. (ANONYMOUS), res, v. D. T. (ANONYMOUS), ap — (PROCEEDING NO. 1) — Appeal by D. T. from an order of the Supreme Court, Kings County (IDV Part), dated February 17, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. RAYMOND HERNAIZ, ap

PEOPLE, res, v. RAYMOND HERNAIZ, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated June 10, 2015.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TURCIO, ERIC S.

2016-2420 S CR. THE PEOPLE v. TURCIO, ERIC S. — Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered September 7, 2016, which has been referred to me for determination.

2016-2420 S CR
: Marano, P.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

REBECCA LYNCH, ap, v. SEAN T. LYNCH, res

REBECCA LYNCH, ap, v. SEAN T. LYNCH, res — Application by the appellant pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 15, 2015.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MORTIMER NURSE, AS ADMINISTRATOR OF THE ESTATE OF RUPERT A. N. (ANONYMOUS). WINSTON VALLEY DACRES APPELLANTS; MORTIMER NURSE res

MATTER OF MORTIMER NURSE, AS ADMINISTRATOR OF THE ESTATE OF RUPERT A. N. (ANONYMOUS). WINSTON VALLEY DACRES APPELLANTS; MORTIMER NURSE res — On the Court's own motion, it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TALEIA SMITH, plf-res, v. THEODORE MUCCI def-res, HARBHAJAN GREWAL, DEFENDANT THIRD-PARTY plf-res, MARLON FISHER DEFENDANTS SECOND THIRD-PARTY PLAINTIFFSAPPELLANTS; MUHAMMED NAZIR, THIRD-PARTY DEFENDANT/SECOND THIRD-PARTY def-res

TALEIA SMITH, plf-res, v. THEODORE MUCCI def-res, HARBHAJAN GREWAL, DEFENDANT THIRD-PARTY plf-res, MARLON FISHER DEFENDANTS SECOND THIRD-PARTY PLAINTIFFSAPPELLANTS; MUHAMMED NAZIR, THIRD-PARTY DEFENDANT/SECOND THIRD-PARTY def-res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 5, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CONCEPCION, MATTHEW

2015-2051 S CR. THE PEOPLE v. CONCEPCION, MATTHEW — Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered August 17, 2015, to continue a stay, pursuant to CPL 460.50 and Vehicle and Traffic Law §1808, granted by decision and order on motion of this court dated October 17, 2016, and to direct respondent to notify the Commissioner of Motor Vehicles that the stay has been extended.

2015-2051 S CR
: Marano, P.J., Tolbert, Brands, JJ.

Surrogate's Court, Bronx County

ESTATE OF ANA LUISA RODRIGUEZ, ALSO KNOWN AS ANA L. RODRIGUEZ, Deceased

ESTATE OF ANA LUISA RODRIGUEZ, ALSO KNOWN AS ANA L. RODRIGUEZ, Deceased (12/3050/C) — In this estate the executor, the decedent's daughter, seeks to judicially account for the remaining proceeds of causes of action arising from the decedent's death settled in the Supreme Court, Bronx County (Schachner, J.) and other assets. The supreme court, inter alia, directed the payment of trial counsel's legal fees and disbursements.

12/3050/C
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FIRST METLIFE INVESTORS INSURANCE COMPANY, plf-res, v. ERIKA FILIPPINO, DEFENDANT-res, VIVIAN AMATO, ETC., ap

FIRST METLIFE INVESTORS INSURANCE COMPANY, plf-res, v. ERIKA FILIPPINO, DEFENDANT-res, VIVIAN AMATO, ETC., ap — Motion by the appellant to stay First Metlife Investors Insurance Company, or anyone acting on its behalf, from distributing the proceeds of Insurance Policy No. 208177276FM to Erika Filippino, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 25, 2017.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOHN MCPARTLAND, ap, v. ALLSTATE INSURANCE COMPANY, res

JOHN MCPARTLAND, ap, v. ALLSTATE INSURANCE COMPANY, res — Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Kings County, dated April 14, 2016, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.


Cohen, J.P.; Maltese, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JANET COHEN KAPLAN, ETC. res, v. STANLEY COHEN, ETC. def, FIVE TOWNS COLLEGE BOARD OF TRUSTEES ap

JANET COHEN KAPLAN, ETC. res, v. STANLEY COHEN, ETC. def, FIVE TOWNS COLLEGE BOARD OF TRUSTEES ap — (ACTION NO. 2)


Eng, P.J.; Leventhal, Chambers and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BEATRICE NORMANDY, ap, v. ROMAN CATHOLIC CHURCH OF HOLY FAMILY, res

BEATRICE NORMANDY, ap, v. ROMAN CATHOLIC CHURCH OF HOLY FAMILY, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 28, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JIHAD H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF JIHAD H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 1) N-6545-16, N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MONERAH H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF MONERAH H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 4) N-6545-16, N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

H.Y. LIM TUNG, ETC., ap, v. HUGH C. HEMMINGS res

H.Y. LIM TUNG, ETC., ap, v. HUGH C. HEMMINGS res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a four-month enlargement of time to perfect an appeal from an order of the Supreme Court, Queens County, entered April 13, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE REYES, ap, v. 105-05 69TH AVENUE, LLC RESPONDENTS (AND A THIRD-PARTY ACTION)

JOSE REYES, ap, v. 105-05 69TH AVENUE, LLC RESPONDENTS (AND A THIRD-PARTY ACTION). — Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 5, 2016.


Rivera, J.P.; Hall, Lasalle and Connolly, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ALEXANDER, SHAIASJA

2016-772 S CR. THE PEOPLE v. ALEXANDER, SHAIASJA — Motion by appellant for an enlargement of time to perfect an appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered August 31, 2015, to compel the Clerk of the Suffolk County Traffic and Parking Violations Agency to forward the record on appeal to this court, and for an extension of time to file in the District Court the decision, order and certificate dated June 28, 2016 granting leave to appeal to this court. By order to show cause dated November 30, 2016, appellant was directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the proceedings were recorded electronically and no affidavit of errors was filed.

2016-772 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AMELIA PINELLA, FORMERLY KNOWN AS AMELIA GUERRA, res, v. CRESCENT ST. CORP., APPELLANT def

AMELIA PINELLA, FORMERLY KNOWN AS AMELIA GUERRA, res, v. CRESCENT ST. CORP., APPELLANT def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, entered March 21, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSE A. AYBAR, JR., plf-res, v. GOODYEAR TIRE & RUBBER CO., ap, ET AL., DEFENDANT; U.S. TIRES & RUBBER CO., NONPARTY-res

JOSE A. AYBAR, JR., plf-res, v. GOODYEAR TIRE & RUBBER CO., ap, ET AL., DEFENDANT; U.S. TIRES & RUBBER CO., NONPARTY-res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated May 25, 2016.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD SKERRETT, ap, v. CITY OF NEW YORK, DEFENDANT-res, LIC SITE B2 OWNER, LLC, NONPARTY-res

RICHARD SKERRETT, ap, v. CITY OF NEW YORK, DEFENDANT-res, LIC SITE B2 OWNER, LLC, NONPARTY-res — Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Queens County, entered June 23, 2015, and June 2, 2016, respectively, to dismiss the appeal from the order entered June 23, 2015, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and for failure to take an appeal from an earlier order of the same court, and to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument.


Dillon, J.P.; Leventhal, Cohen and Miller, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NATIONSTAR MORTGAGE, LLC, res, v. MARTIN DEKOM, APPELLANT def

NATIONSTAR MORTGAGE, LLC, res, v. MARTIN DEKOM, APPELLANT def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 28, 2016, on the ground that it has been rendered academic in light of a pending motion to discontinue the action.


Rivera, J.P.; Roman, Miller and Duffy, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TURCIO, ERIC S.

2016-2420 S CR. THE PEOPLE v. TURCIO, ERIC S. — Motion by defendant, pursuant to CPL 460.50 and Vehicle and Traffic Law §1808, to stay the execution of a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered June 16, 2016, including the suspension of defendant's motor vehicle operator's license.

2016-2420 S CR
: Marano, P.J., Iannacci, Brands, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ARSHAD KHAN, ap

PEOPLE, ETC., res, v. ARSHAD KHAN, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Queens County, rendered May 11, 2015, and, by permission, from an order of the same court dated March 21, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STEPHEN T. GREENBERG, M.D., P.C., plf, v. LAKE PARK 150-170 CROSSWAYS PARK DRIVE, LLC def

STEPHEN T. GREENBERG, M.D., P.C., plf, v. LAKE PARK 150-170 CROSSWAYS PARK DRIVE, LLC def — (MATTER NO. 1) Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARIA MEJIA VILLENA res, v. BALDWINDER SINGH ap

MARIA MEJIA VILLENA res, v. BALDWINDER SINGH ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 15, 2014.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. NICHOLAS HANSEN, ap

PEOPLE, ETC., res, v. NICHOLAS HANSEN, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered February 26, 2014.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, N.A., res, v. BINDOOMATIE RAMPHAL, ap, ET AL., def

WELLS FARGO BANK, N.A., res, v. BINDOOMATIE RAMPHAL, ap, ET AL., def — Motion by the appellant to stay the appellant's eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 31, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID M. COHEN, ETC. res, v. STANLEY COHEN, ETC. def, FIVE TOWNS COLLEGE BOARD OF TRUSTEES ap

DAVID M. COHEN, ETC. res, v. STANLEY COHEN, ETC. def, FIVE TOWNS COLLEGE BOARD OF TRUSTEES ap — (ACTION NO. 3) — 2014-04423, 2014-05419, 2014-09711


Eng, P.J.; Leventhal, Chambers and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GRACE MCINTOSH ap, v. NEW YORK CITY PARTNERSHIP DEVELOPMENT FUND COMPANY, INC., def, MDG DESIGN AND CONSTRUCTION, LLC, def-res, ATLANTIC COMMONS CORNERSTONE, L.P., DEFENDANT THIRD-PARTY PLAINTIFF-res, BENEDETTO & SONS EXCAVATING, INC. THIRD-PARTY def-res

GRACE MCINTOSH ap, v. NEW YORK CITY PARTNERSHIP DEVELOPMENT FUND COMPANY, INC., def, MDG DESIGN AND CONSTRUCTION, LLC, def-res, ATLANTIC COMMONS CORNERSTONE, L.P., DEFENDANT THIRD-PARTY PLAINTIFF-res, BENEDETTO & SONS EXCAVATING, INC. THIRD-PARTY def-res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WEI LIN res, v. SANG KIM, APPELLANT def

WEI LIN res, v. SANG KIM, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated June 28, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GARCIA, NAZARIO

2016-2066 Q CR. THE PEOPLE v. GARCIA, NAZARIO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered July 25, 2016, as a poor person, and for the assignment of counsel.

2016-2066 Q CR
: Pesce, P.J. Aliotta Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

US BANK, res, v. MICHELLE F. MEZRAHI APPELLANTS def

US BANK, res, v. MICHELLE F. MEZRAHI APPELLANTS def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 20, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BANK OF AMERICA, N.A., res, v. IVY R. BITTLE, APPELLANT def

BANK OF AMERICA, N.A., res, v. IVY R. BITTLE, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 23, 2015.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BEST, HILARY

2016-3087 Q CR. THE PEOPLE v. BEST, HILARY — Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Queens County, entered November 14, 2016, which has been referred to me for determination.

2016-3087 Q CR
: Pesce, P.J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALLA KHABAROVA, res, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, APPELLANT def

ALLA KHABAROVA, res, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, APPELLANT def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 26, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JERRY SCHONBRUN, res, v. MARJEP REALTY CORP., def, FORSYTHE COSMETIC GROUP, LTD., ap

JERRY SCHONBRUN, res, v. MARJEP REALTY CORP., def, FORSYTHE COSMETIC GROUP, LTD., ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 4, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID JOHN GENAT, res, v. 614 7TH AVENUE REALTY, LLC, def, PARK DEVELOPERS AND BUILDERS, INC., ap

DAVID JOHN GENAT, res, v. 614 7TH AVENUE REALTY, LLC, def, PARK DEVELOPERS AND BUILDERS, INC., ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 31, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOSEPH WILLIAMS, ap

PEOPLE, ETC., res, v. JOSEPH WILLIAMS, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered June 2, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JUSTIN CARRINO, ap

PEOPLE, ETC., res, v. JUSTIN CARRINO, ap — On the Court's own motion, it is


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VICTORIA STENNETT-BAILEY, ap, v. ALLSTATE INSURANCE COMPANY res

VICTORIA STENNETT-BAILEY, ap, v. ALLSTATE INSURANCE COMPANY res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated August 3, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ADAM H. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF ADAM H. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 2) N-6545-16, N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, Second Judicial Department

DIAGNOSTIC PLUS MED., P.C., A/A/O CORNEILLE v. COUNTRY-WIDE INS. CO.

2017-450 S C. DIAGNOSTIC PLUS MED., P.C., A/A/O CORNEILLE v. COUNTRY-WIDE INS. CO. — Appeal from a judgment of the District Court of Suffolk County, Third District, entered December 22, 2016.

2017-450 S C
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. JENKINS, ARTHUR

2016-2698 K CR. THE PEOPLE v. JENKINS, ARTHUR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 17, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-2698 K CR
: Pesce, P.J. Aliotta Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MITCHELL DRANOW res, v. NORTH SHORE SCHOOL DISTRICT APPELLANTS def

MITCHELL DRANOW res, v. NORTH SHORE SCHOOL DISTRICT APPELLANTS def — Motion by the appellants to stay all proceedings in the aboveentitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 14, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

COUNTRYWIDE HOME LOANS, INC., res, v. SHARME DANDRADE, APPELLANT def

COUNTRYWIDE HOME LOANS, INC., res, v. SHARME DANDRADE, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 3, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. BRYAN PAYERO, ap

PEOPLE, ETC., res, v. BRYAN PAYERO, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 22, 2015.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

ROSENBLATT v. “DOE”

2015-642 K C. ROSENBLATT v. "DOE" — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 1, 2013. By order to show cause dated January 8, 2016, the parties were directed to show cause before this court why the appeal from the order entered August 1, 2013 should or should not be dismissed, the order entered August 1, 2013 vacated, and the motion giving rise to the order dismissed on the ground that the motion, purportedly having been made by an attorney for a deceased party, and the order entered thereon are nullities.

2015-642 K C
: Pesce, P.J. Weston Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID M. COHEN, ETC. plf, v. STANLEY COHEN, ETC. DEFENDANTS; FIVE TOWNS COLLEGE, INTERVENOR

DAVID M. COHEN, ETC. plf, v. STANLEY COHEN, ETC. DEFENDANTS; FIVE TOWNS COLLEGE, INTERVENOR. (ACTION NO. 1)


Eng, P.J.; Leventhal, Chambers and Lasalle, JJ.

Surrogate's Court, Bronx County

ESTATE OF AIDA CORTEZ, Deceased

ESTATE OF AIDA CORTEZ, Deceased (10/80/A) — The administrator, the decedent's spouse, seeks to distribute and judicially account for the remaining proceeds of personal injury causes of action settled in the Supreme Court, Bronx County (McKeon, J.) being held in his attorneys' escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicaid claim.

10/80/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF ANGEL L. R., JR. PURSUANT TO SCPA ARTICLE 17-A

GUARDIANSHIP OF ANGEL L. R., JR. PURSUANT TO SCPA ARTICLE 17-A (16/1348) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged intellectually disabled person.

16/1348
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DITECH FINANCIAL, LLC, FORMERLY KNOWN AS GREEN TREE SERVICING, LLC, res, v. SANTHANA KUMAR NATARAJA NAIDU, APPELLANT def

DITECH FINANCIAL, LLC, FORMERLY KNOWN AS GREEN TREE SERVICING, LLC, res, v. SANTHANA KUMAR NATARAJA NAIDU, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated September 9, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DORIE M. H. (ANONYMOUS). CHILDREN'S VILLAGE, PETITIONER-res, GEORGE T. J. (ANONYMOUS) RESPONDENTS-ap

MATTER OF DORIE M. H. (ANONYMOUS). CHILDREN'S VILLAGE, PETITIONER-res, GEORGE T. J. (ANONYMOUS) RESPONDENTS-ap — (PROCEEDING NO. 2) — Appeals by George T. J. and separate appeals by Charvella A. H. from two orders of the Family Court, Queens County, both dated January 9, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel E. Lubetsky, Esq., dated March 12, 2017, it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SAMUEL DAVIS, ap

PEOPLE, ETC., res, v. SAMUEL DAVIS, ap — On the Court's own motion, it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSEPH MACLEAN, APPELLANT-res, v. MARJORIE DYER, res-res

JOSEPH MACLEAN, APPELLANT-res, v. MARJORIE DYER, res-res — Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CURRY, ANTHONY

2016-2456 K CR. THE PEOPLE v. CURRY, ANTHONY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered September 30, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-2456 K CR
: Pesce, P.J. Aliotta Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FAIRCHILD CORPORATION ap, v. STATE OF NEW YORK, res

FAIRCHILD CORPORATION ap, v. STATE OF NEW YORK, res — (CLAIM NO. 120486) — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Court of Claims, dated January 12, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC, res, v. ELIECER TORRES def, ARTURO TORRES, ap

PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC, res, v. ELIECER TORRES def, ARTURO TORRES, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 21, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KAREEM H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res

MATTER OF KAREEM H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-APPELLANT; FAWAZ H. (ANONYMOUS), res-res — (PROCEEDING NO. 3) N-6545-16, N-6546-16) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 28, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2006-5, ETC, res, v. PAULETTE ANGELA DENNIS, a/k/a PAULETTE DENNIS, APPELLANT def

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2006-5, ETC, res, v. PAULETTE ANGELA DENNIS, a/k/a PAULETTE DENNIS, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered August 23, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JACK HURLEY, A MINOR BY JESSIE HURLEY AND PATRICK HURLEY, HIS PARENTS AND NATURAL GUARDIANS, ap, v. BREWSTER CENTRAL SCHOOL DISTRICT, res

JACK HURLEY, A MINOR BY JESSIE HURLEY AND PATRICK HURLEY, HIS PARENTS AND NATURAL GUARDIANS, ap, v. BREWSTER CENTRAL SCHOOL DISTRICT, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated June 28, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EAN HOLDINGS, LLC, res, v. CHRISSLER L. JOSEPH, ap

MATTER OF EAN HOLDINGS, LLC, res, v. CHRISSLER L. JOSEPH, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered August 26, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TREC, DOROTA

2016-3075 K CR. THE PEOPLE v. TREC, DOROTA — Appeal from an order of the Criminal Court of the City of New York, Kings County, entered November 21, 2016.

2016-3075 K CR
: Pesce, P.J. Aliotta Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC., res, v. TIJUANA BLOUNT, ap, ET AL., def

DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC., res, v. TIJUANA BLOUNT, ap, ET AL., def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 22, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GAIL BETH ROSEN, res, v. GORDON SCOTT ROSEN, ap

GAIL BETH ROSEN, res, v. GORDON SCOTT ROSEN, ap — Motion by the respondent to dismiss appeals from a decision of the Supreme Court, Rockland County, dated July 15, 2016, findings of fact of the same court dated September 30, 2016, and a judgment of the same court also dated September 30, 2016, as untimely taken.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

David M. Cohen, plaintiff-respondent, v Stanley Cohen appellants, Martin Cohen defendants-respondents, et al., defendants

David M. Cohen, plaintiff-respondent, v Stanley Cohen appellants, Martin Cohen defendants-respondents, et al., defendants. (Index No. 10934/10)


Eng, P.J.; Leventhal, Chambers and Lasalle, JJ.

Surrogate's Court, Bronx County

GUARDIANSHIP OF ANDY G. A. PURSUANT TO SCPA ARTICLE 17-A

GUARDIANSHIP OF ANDY G. A. PURSUANT TO SCPA ARTICLE 17-A (16/2904) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged developmentally disabled person.

16/2904
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. LAURA CAVORSI, ap

PEOPLE, ETC., res, v. LAURA CAVORSI, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered September 19, 2014.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JPMC SPECIALTY MORTGAGE, LLC, res, v. DAVID A. ROSARIO, ETC. ap, ET AL., def

JPMC SPECIALTY MORTGAGE, LLC, res, v. DAVID A. ROSARIO, ETC. ap, ET AL., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered July 22, 2016, and July 26, 2016, respectively.

Appellate Term, Second Judicial Department

THE PEOPLE v. JACOBS, JAMES

2015-2636 S CR. THE PEOPLE v. JACOBS, JAMES — Motion by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered September 2, 2015. By order to show cause dated December 5, 2016, appellant was directed to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or, if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors.

2015-2636 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. LINTAULT, PETER

2017-14 S CR. THE PEOPLE v. LINTAULT, PETER — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered October 13, 2016.

2017-14 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARIA DE LOS ANGELES BAEZ ap, v. WILLOW WOOD ASSOCIATES, L.P., res

MARIA DE LOS ANGELES BAEZ ap, v. WILLOW WOOD ASSOCIATES, L.P., res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 14, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. LYONS, ROBERTO

2016-293 N CR. THE PEOPLE v. LYONS, ROBERTO — Motion by Kent V. Moston, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered December 3, 2015, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated September 22, 2016, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.

2016-293 N CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Surrogate's Court, Bronx County

ESTATE OF ARTHUR MUSIELLO, Deceased

ESTATE OF ARTHUR MUSIELLO, Deceased (16/800) — This is a proceeding to probate, as an ancient document, an instrument dated November 21, 1969. The testator died on January 21, 2014. The decedent's distributees are a spouse and two daughters, one of whom is the proponent/nominated successor executor, and each of whom is a one-third beneficiary under the instrument. The spouse, who is the nominated executor, filed a renunciation and a waiver and consent to the application, and the remaining daughter also consents to probate.

16/800
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BANK OF NEW YORK MELLON, FORMERLY KNOWN AS BANK OF NEW YORK, ap, v. STEVEN CRAIG, RESPONDENT def

BANK OF NEW YORK MELLON, FORMERLY KNOWN AS BANK OF NEW YORK, ap, v. STEVEN CRAIG, RESPONDENT def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 1, 2016.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GREGORZ ZIELINSKI, res, v. NEW JERSEY TRANSIT CORPORATION APPELLANTS def

GREGORZ ZIELINSKI, res, v. NEW JERSEY TRANSIT CORPORATION APPELLANTS def — Motion by the appellants to stay discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 23, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

IRENA IZQUIERDO, ap, v. HECTOR T. SANTIAGO, res

MATTER OF IRENA IZQUIERDO, ap, v. HECTOR T. SANTIAGO, res — Appeal by Irena Izquierdo from an order of the Family Court, Queens County, dated March 24, 2016. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LUIS POLIVIO REMACHE VASQUEZ res, v. OCEAN SITE DEVELOPMENT, INC., APPELLANT (AND A THIRD-PARTY ACTION)

LUIS POLIVIO REMACHE VASQUEZ res, v. OCEAN SITE DEVELOPMENT, INC., APPELLANT (AND A THIRD-PARTY ACTION). — Motion by the appellant to stay the trial in the aboveentitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 1, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSEPH GARAY, res, v. CITY OF WHITE PLAINS DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS DEFENDANTS; AMERICAN TEST CENTER, INC., THIRD-PARTY DEFENDANT-res-res

JOSEPH GARAY, res, v. CITY OF WHITE PLAINS DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS DEFENDANTS; AMERICAN TEST CENTER, INC., THIRD-PARTY DEFENDANT-res-res — Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 12, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

M.E., AN INFANT BY HER PARENT AND NATURAL GUARDIAN, JANICE EDMONDS res, v. JEWISH CHILD CARE ASSOCIATION OF NEW YORK, ap

M.E., AN INFANT BY HER PARENT AND NATURAL GUARDIAN, JANICE EDMONDS res, v. JEWISH CHILD CARE ASSOCIATION OF NEW YORK, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 7, 2016.


Balkin, J.P.; Cohen, Miller and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SARA KELLEY, ap, v. BRYAN INSURANCE AGENCY, LLC res

SARA KELLEY, ap, v. BRYAN INSURANCE AGENCY, LLC res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated September 12, 2016.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NICHOLAS MOSCATIELLO, ap, v. WYDE TRUE VALUE LUMBER & SUPPLY CORP. def-res, EZ DOCK MID-ATLANTIC, a/k/a TRI-STATE EZ DOCK, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT DEFENDANTS; YMCA OF GREATER NEW YORK, THIRD-PARTY def-res

NICHOLAS MOSCATIELLO, ap, v. WYDE TRUE VALUE LUMBER & SUPPLY CORP. def-res, EZ DOCK MID-ATLANTIC, a/k/a TRI-STATE EZ DOCK, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT DEFENDANTS; YMCA OF GREATER NEW YORK, THIRD-PARTY def-res — Application by the appellant pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MYKOLA TABAK, res, v. DAVID JAMIL HARARI ap

MYKOLA TABAK, res, v. DAVID JAMIL HARARI ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 7, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. JAY GIARDINA, a/k/a JAY A. GIARDINA, APPELLANT def

HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. JAY GIARDINA, a/k/a JAY A. GIARDINA, APPELLANT def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Dutchess County, both dated June 22, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MICHELE MARTIN ap, v. EDWARD M. TIMMINS, res, ET AL., def

MICHELE MARTIN ap, v. EDWARD M. TIMMINS, res, ET AL., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated January 15, 2016.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CATRALSA BURNS, res, v. LINDEN STREET REALTY, LLC, ap

CATRALSA BURNS, res, v. LINDEN STREET REALTY, LLC, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 6, 2016.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

D. T. (ANONYMOUS), ap, v. E. D. (ANONYMOUS), res

MATTER OF D. T. (ANONYMOUS), ap, v. E. D. (ANONYMOUS), res — (PROCEEDING NO. 2) — Appeal by D. T. from an order of the Supreme Court, Kings County (IDV Part), dated February 17, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, Second Judicial Department

STATEN IS. UNIV. HOSP. v. QUINTERO

2016-1019 RI C. STATEN IS. UNIV. HOSP. v. QUINTERO — Appeal from an unentered judgment of the Civil Court of the City of New York, Richmond County.

2016-1019 RI C
: Pesce, P.J., Weston, Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FRANCISCO VIGILANTE plf-res, v. BROADWAY STAGES, LTD., def, GREENPOINT AVENUE REALTY, LLC, def-res, CBS EYE PRODUCTIONS, INC. ap

FRANCISCO VIGILANTE plf-res, v. BROADWAY STAGES, LTD., def, GREENPOINT AVENUE REALTY, LLC, def-res, CBS EYE PRODUCTIONS, INC. ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated June 7, 2016, and November 22, 2016, respectively.


Balkin, J.P.; Austin, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

150-170 CROSSWAYS PARK OWNERS, LLC, ap, v. STEPHEN T. GREENBERG, M.D. P.C., ETC., res-res, ET AL., res

MATTER OF 150-170 CROSSWAYS PARK OWNERS, LLC, ap, v. STEPHEN T. GREENBERG, M.D. P.C., ETC., res-res, ET AL., res — (MATTER NO. 2) — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.

Appellate Term, Second Judicial Department

DARA REALTY ASSOC. v. MUSHEYEV

2014-1469 Q C. DARA REALTY ASSOC. v. MUSHEYEV — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, dated July 1, 2014, which was determined by decision and order of this court dated June 23, 2016, for an order, among other things, holding respondent in violation of a Civil Court stipulation dated February 3, 2014 for failure to make required repairs, and awarding appellant a rent abatement. Separate motion by respondent for an order directing the release to respondent of funds on deposit.

2014-1469 Q C
: Elliot, J.P., Pesce, Aliotta, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FELIX GLAUBACH, DERIVATIVELY ON BEHALF OF PERSONAL TOUCH HOLDING CO., res, v. DAVID SLIFKIN def, PERSONAL TOUCH HOLDING CO. ap

FELIX GLAUBACH, DERIVATIVELY ON BEHALF OF PERSONAL TOUCH HOLDING CO., res, v. DAVID SLIFKIN def, PERSONAL TOUCH HOLDING CO. ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered August 16, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. LEIBOVITZ, ETAN

2016-187 Q CR. THE PEOPLE v. LEIBOVITZ, ETAN — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered November 13, 2015, to continue the stay of execution of the judgment, which was granted by the Supreme Court, Queens County, on December 24, 2015, and extended by decisions and orders on motions of this court dated April 22, 2016, August 24, 2016, November 3, 2016 and January 6, 2017, respectively.

2016-187 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SINTIA PADILLA, plf-res, v. JULETTA M. WILDMAN, def-res, ALEXIS N. MARTINEZ-AGUILERA ap

SINTIA PADILLA, plf-res, v. JULETTA M. WILDMAN, def-res, ALEXIS N. MARTINEZ-AGUILERA ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 12, 2016.


Rivera, J.P.; Dillon, Chambers and Hinds-Radix, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. JACOB, SEDGRICK

2016-2508 K CR. THE PEOPLE v. JACOB, SEDGRICK — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered September 26, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-2508 K CR
: Pesce, P.J. Aliotta Solomon, JJ.

U.S. Court of Appeals, Second Circuit

Joseph Umbach, Plaintiff-Appellee v. Carrington Investment Partners (US), LP, Carrington Capital Management, LLC, and Bruce Rose, Defendants-Appellants, 15-1285-cv

No Error in Courts Ruling on Liability for Limited Partnership Agreement's Breach, But Fact Issues Must Be Tried as to Calculation of $1.33 Million in Damages

15-1285-cv
Before: Kearse, Cabranes, and Chin, C.JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

In the Matter of Francis Lust v. State of New York et al.

522912
Garry, J.P., Rose, Devine, Clark and Mulvey, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

In the Matter of Walter Balkum v. Anthony J. Annucci

522808
McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

The People of the State of New York v. Charles R. Murrell

107158
McCarthy, J.P., Garry, Lynch, Rose and Aarons, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

In the Matter of William M. Olszewski et al. v. Cannon Point Association, Inc., et al.

522683
Peters, P.J., McCarthy, Egan Jr., Rose, Mulvey, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

HSBC Bank USA v. Cindy Corazzini

522769
Garry, J.P., Rose, Devine, Clark and Mulvey, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

In the Matter of Alina Dawson Eldred, an Attorney.

D-30-17
McCarthy, J.P., Garry, Rose, Devine and Mulvey, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

Eunsook Sul-Lowe v. Eugene M. Hunter

522914
Peters, P.J., Lynch, Devine and Aarons, JJ.

SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT

In the Matter of Brian David Cochran, an Attorney.

D-28-17
McCarthy, J.P., Egan Jr., Rose, Devine and Mulvey, JJ.