Decisions in the News

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

In the Matter of Richard B. Kelly, admitted as Richard Brett Kelly, a suspended attorney, M-4054 (September 6, 2016)

M-4054 (September 6, 2016)
Before: David Friedman, J.P., Rosalyn H. Richter, Richard T. Andrias, Judith J. Gische, Marcy L. Kahn, JJ.

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

In the Matter of Paul H. Jones, a suspended attorney, M-5788 (December 8, 2016)

M-5788 (December 8, 2016)
Before: David Friedman, J.P., John W. Sweeny, Jr., Dianne T. Renwick, David B. Saxe, Judith J. Gische, JJ.

New York State, Court of Appeals

Oddo v. Queens Village Committee for Mental Health, No. 9

No. 9
Chief Judge DiFiore and Judges Rivera, Stein, Fahey and Garcia concur. Judge Wilson took no part.

Surrogate's Court, New York County

ESTATE OF THELMA DE WALCOTT, Deceased

ESTATE OF THELMA DE WALCOTT, Deceased (14/872/C) — In this turnover proceeding in the estate of Thelma De Walcott, Wells Fargo Bank NA asks the court to dismiss the portion of the verified amended petition that seeks relief against it and to substitute its successors in interest pursuant to CPLR §1018. There is no opposition to the motion, the parties having entered into a stipulation pursuant to which they have agreed to the substitution of Mortgage Electronic Registration Systems, Inc., as nominee for MCS Mortgage Bankers, Inc., its successors and assigns, and PennyMac Corp. for Wells Fargo Bank NA. Accordingly, the motion, to the extent it seeks the substitution described above, is granted.

14/872/C
Surrogate Anderson

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MICHAEL REGGLER, ap, v. ALIESHA HENRY, res

MATTER OF MICHAEL REGGLER, ap, v. ALIESHA HENRY, res — Appeal by Michael Reggler from an order of the Family Court, Queens County, dated January 11, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Janet L. Brown, Esq., dated January 31, 2017, it is


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

Surrogate's Court, Queen's County

ESTATE OF BERNICE BELLASALMO, Deceased

ESTATE OF BERNICE BELLASALMO, Deceased (15/4699) — The decedent, Bernice Bellasalmo, died on October 31, 2015 at the age of ninety-five years, leaving two daughters, Theresa Knuth ("Knuth") and Madeline Ayers ("Ayers") as her distributees. Offered for probate in this proceeding is an attorney drafted instrument dated August 16, 2007, purported by the Petitioner, Sandra Viola, the decedent's niece-in-law and nominated fiduciary, to be the Last Will and Testament of the decedent. The offered instrument provides for the decedent's entire estate to be distributed equally between the Petitioner and her husband, Robert Viola, a nephew-in-law of the decedent. With respect to the decedent's daughters, Article Second of the offered instrument states as follows: "I do not leave anything to my two children, Madeline Ayers and Theresa Knuth. I have provided for them to a great extent during my life."

15/4699
Surrogate Kelly

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WIZARD LEASING CORP., res, v. BOULEY BAKERY OPERATING, LLC, ET AL., ap

WIZARD LEASING CORP., res, v. BOULEY BAKERY OPERATING, LLC, ET AL., ap — Application to withdraw appeals from an order of the Supreme Court, Queens County, dated November 23, 2015, and judgment of the same court dated December 11, 2015.


Mastro, J.P.; Chambers, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHIRLEY JACKSON, ETC., ap, v. STATE OF NEW YORK, res

SHIRLEY JACKSON, ETC., ap, v. STATE OF NEW YORK, res — (CLAIM NO. 103848) — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Court of Claims, dated November 18, 2014.


Miller, J.P.; Hinds-Radix, Lasalle and Barros, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. SOULEYMANE GAYE, def-app

14-090. THE PEOPLE, res, v. SOULEYMANE GAYE, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered March 7, 2013, affirmed.

14-090
: Lowe, III, P.J., Schoenfeld, Gonzalez, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JAHEIM BOXHILL, ETC. res, v. NEW YORK CITY HOUSING AUTHORITY, ap

JAHEIM BOXHILL, ETC. res, v. NEW YORK CITY HOUSING AUTHORITY, ap — Appeal by New York City Housing Authority from an order of the Supreme Court, Kings County, dated July 1, 2016. By decision and order on motion of this Court dated August 19, 2016, as amended November 16, 2016, the trial in the above-entitled action was stayed on condition that the appeal was perfected on or before January 17, 2017. The appeal has not been perfected.


Priscilla Hall, J.P.; Hinds-Radix, Maltese and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PNC BANK, NATIONAL ASSOCIATION, ap, v. JESUS OSEGUERA, a/k/a JESUS B. OSEGUERA, res

PNC BANK, NATIONAL ASSOCIATION, ap, v. JESUS OSEGUERA, a/k/a JESUS B. OSEGUERA, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 7, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSEPH DEGREGORIO ap, v. BONDWAY, INC. res

JOSEPH DEGREGORIO ap, v. BONDWAY, INC. res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 11, 2016.


Rivera, J.P.; Balkin, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LUIS RIVERA, AS ADMINISTRATOR OF THE ESTATE OF CARMEN OTERO, res, v. WYCKOFF HEIGHTS MEDICAL def, MUKUL ARYA, ap

LUIS RIVERA, AS ADMINISTRATOR OF THE ESTATE OF CARMEN OTERO, res, v. WYCKOFF HEIGHTS MEDICAL def, MUKUL ARYA, ap — Application by the appellant 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, Kings County, dated March 28, 2016.


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

Appellate Term, First Judicial Department

THE PEOPLE, res, v. ADRIAN SMITH, def-app

12-447 and 12-450. THE PEOPLE, res, v. ADRIAN SMITH, def-app — Judgments of conviction (James M. Burke, J.), each rendered March 1, 2012, affirmed.

12-447 and 12-450
: Lowe, III, P.J., Schoenfeld, Gonzalez, JJ.

Surrogate's Court, Bronx County

Estate of Christopher Sean Patrick Siggelko

Order signed; 966M1996/B - Estate of Christopher Sean Patrick Siggelko

966M1996/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Felice DeRosa

Order signed; 2015-2694/A - Estate of Felice DeRosa; Order signed; 2013-679/A - Estate of Victor Vargas

2015-2694/A
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MENDEL ROSENFELD ap, v. PENINAH LANGER res

MENDEL ROSENFELD ap, v. PENINAH LANGER res — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 4, 2014.


Rivera, J.P.; Balkin, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MANZOOR GONDAL, ap, v. STATE FARM FIRE AND CASUALTY COMPANY, res

MANZOOR GONDAL, ap, v. STATE FARM FIRE AND CASUALTY COMPANY, 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, Nassau County, dated July 11, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ELIEZER AVRAHAM, ap, v. ORIT AVRAHAM, res

ELIEZER AVRAHAM, ap, v. ORIT AVRAHAM, res — On the Court's own motion, it is


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

Surrogate's Court, Bronx County

Estate of David A Crespo

Order signed; 2012-807/A - Estate of David A Crespo; Order signed; 2012-807 - Estate of David A Crespo; Order signed; 2016-32/A - Estate of James McGuinness; Order signed; 2015-1196/A - Estate of Walter Harden Jr; Order signed; 2015-43/A - Estate of Vincenzo Pesce; Order signed; 2016-1526/A - Estate of Hugh Coleman; Order signed; 2016-657/A - Estate of Andrea Caruth; Decree signed; 2017-205 - Estate of Leroy Simmons; Decree signed; 2017-17 - Estate of Rolando Vazquez; Decree signed; 2015-2779/A - Estate of Michael Benners; Decree signed; 2017-41 - Estate of Mohammed Hossain; Decree signed; 2017-158 - Estate of Carmel Krach; Decree signed; 2015-2168 - Estate of Esther Riley; Decree signed; 2016-2804 - Estate of Agata Giacobbe; Decree signed; 2017-175 - Estate of Maria Aleman; Decree signed; 2016-2854 - Estate of Pearline Thomas

2012-807/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Keira Antonette Lowe

Order signed; 2015-2480 - Estate of Keira Antonette Lowe; Order signed; 123G2000 - Estate of Michelle Ortiz; Order signed; 2016-1725 - Estate of Darien Jarell Turner; Order signed; 166G1999/A - Estate of Kiana Alysse Harrison; Order signed; 70G2007/A - Estate of David Allen Nixon; Order signed; 2008-2561 - Estate of Tyler Donnell Woods; Order signed; 42G1999 - Estate of Freddie Hector Rivera Jr; Order signed; 202G2004 - Estate of Joncarlos Enves Aponte; Order signed; 2014-2530 - Estate of Kevin Steve Mendez; Decree signed; 2016-2687 -Guardianship of Niyah A. Thompson ; Decree signed; 2016-1244 -Guardianship of Mason Edwin Pena ; Decree signed; 2016-2448 -Guardianship of Aiden Julius Romero; Decree signed; 2016-2260 -Guardianship of Leia Ruby Morris; Decree signed; 2008-635/B -Guardianship of Jakia Amire Fullerton; Decree signed; 214G2003/A -Guardianship of Gianni Ventura; Decree signed; 214G2003/B -Guardianship of Gianni Ventura

2015-2480
Surrogate Malave-Gonzalez

Surrogate's Court, Suffolk County

ESTATE OF JANE M. SCHULTE, A/K/A JANE MERRILL SCHULTE, Deceased

ESTATE OF JANE M. SCHULTE, A/K/A JANE MERRILL SCHULTE, Deceased (14/641/A) — In the context of this contested probate proceeding, the parties are engaged in Article 31 discovery and objectant has made the instant application pursuant to CPLR 3103(3) [sic] for a protective order vacating the notice to take the testimony of Caroline Brown ("Caroline"), an infant under the age of fourteen years. For the reasons and to the extent discussed herein, the motion is denied.

14/641/A
Surrogate Czygier

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WATERFALL VICTORIA MORTGAGE TRUST 2011-1, plf, v. JOSEPH TRIPPIEDI ap, ET AL., DEFENDANTS; CV XXVIII, LLC, NONPARTY-res

WATERFALL VICTORIA MORTGAGE TRUST 2011-1, plf, v. JOSEPH TRIPPIEDI ap, ET AL., DEFENDANTS; CV XXVIII, LLC, NONPARTY-res — 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, Richmond County, dated September 17, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VASILIKI ATHANASOPOULOS res, v. GRADE FAIR SUPERMARKET, INC. ap

VASILIKI ATHANASOPOULOS res, v. GRADE FAIR SUPERMARKET, INC. ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 12, 2016, for an expedited briefing schedule, and for a preference in the calendaring of the appeal.


Leventhal, J.P.; Sgroi, Hinds-Radix and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. OZAN WILLIAMS, ap

PEOPLE, ETC., res, v. OZAN WILLIAMS, ap — Application by the appellant pro se to recall and vacate a decision and order on motion of this Court, dated November 10, 2016, which granted his motion for leave to serve and file a supplemental brief on his appeal from a judgment of the Supreme Court, Richmond County, rendered October 17, 2013, and to deem the motion withdrawn.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. BRIAN DIAZ, ap

PEOPLE, res, v. BRIAN DIAZ, 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 two orders of the Supreme Court, Westchester County, both dated May 11, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

UNIFIED WINDOW SYSTEMS, INC. ap, v. ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, res, ET AL., def

UNIFIED WINDOW SYSTEMS, INC. ap, v. ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, res, ET AL., def — Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 19, 2015, on the ground that the appeal has been rendered academic.


Rivera, J.P.; Balkin, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC, res, v. JESS DEVEROW, ap

PEOPLE, ETC, res, v. JESS DEVEROW, ap — Appeal by Jess Deverow from a purported judgment of the Supreme Court, Queens County, rendered August 23, 2016.


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

Surrogate's Court, Bronx County

Estate of Samuel Hodes

Order signed; 2016-2157/A - Estate of Samuel Hodes; Order signed; 2015-1888/C - Estate of Camille Kunzenmann; Order signed; 2013-669/A - Estate of Earl Martin; Order signed; 2017-34/A - Estate of Samphon Tiep; Decree signed; 2013-2501/A - Estate of Saani Tsahai White Hillman; Decree signed; 2012-2652/A - Estate of Tony Andrew Fortune; Decree signed; 2010-360/A - Estate of Jessie Grigsby; Decree signed; 587A1994/A - Estate of Elouise M Wynn Squire; Decree signed; 2014-322/A - Estate of Jacqueline Jones; Decree signed; 2010-2568/C - Estate of Lucile Nix

2016-2157/A
Surrogate Malave-Gonzalez

Surrogate's Court, Suffolk County

ESTATE OF WILLIAM CHUSTCKIE, Deceased

ESTATE OF WILLIAM CHUSTCKIE, Deceased (13/3927/C) — In this proceeding, petitioner, the successor executor of captioned decedent's estate, asks that the court order respondents to appear for an inquiry and examination concerning certaincoins and the proceeds of an annuity allegedly belonging to captioned decedent's estate and to turn over same to the estate fiduciary.

13/3927/C
Surrogate Czygier

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MENDEL ROSENFELD ap, v. PENINAH LANGER res

MENDEL ROSENFELD ap, v. PENINAH LANGER res — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 18, 2016.


Rivera, J.P.; Balkin, Barros and Brathwaite Nelson, JJ.

Surrogate's Court, New York County

ESTATE OF DONALD O. SHEPPARD, SR., Deceased

ESTATE OF DONALD O. SHEPPARD, SR., Deceased (10/3388/B) — In this proceeding commenced by Ronald Sheppard, LaShawn Sheppard, and Andrew Sheppard to revoke the Letters of Administration previously issued to their uncle, Donald O. Sheppard, Jr., the court set the matter down for a hearing on February 6, 2017. However, on the eve of this hearing, the parties settled their differences by Stipulation of Settlement, filed with the court on February 6, 2017, pursuant to which, inter alia, Limited Letters of Administrations are to issue to Andrew Sheppard with his authority limited to administering and selling the real property known as 153 West 131st Street, New York, New York.

10/3388/B
Surrogate Mella

Surrogate's Court, Suffolk County

ESTATE OF GEORGE SACHS, Deceased

ESTATE OF GEORGE SACHS, Deceased (12/2673/D) — Before the court is an application by John Seagriff, the executor of the abovecaptioned decedent's estate, for the fixation of fees of his former counsel, the Law Office of Michael V. Devine. Pursuant to a written stipulation, the parties have agreed to submit this matter for a determination by this court based upon their submissions. The record consists of the petition and attorney affirmation with exhibits; petitioner's order to show cause; respondent Michael V. Devine's Affirmation in Opposition and accompanying exhibits; an attorney affirmation in reply from petitioner's counsel with accompanying exhibits; an affirmation in support with exhibits on behalf of interested parties Lorne A. Sachs and Mindy Sachs-Hinton, decedent's children and beneficiaries of the estate; and Michael V. Devine's Reply Affirmation.

12/2673/D
Surrogate Czygier

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GEORGE VOUTSINAS ap, v. J. ROBERT SCHENONE, ETC., ET AL., res

MATTER OF GEORGE VOUTSINAS ap, v. J. ROBERT SCHENONE, ETC., ET AL., res — Application by the appellants for leave to withdraw the reply briefs previously filed, for leave to serve and file a single reply brief, and pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to serve and file a reply brief on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered December 4, 2015, and an order of the same court dated April 18, 2016.


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

Surrogate's Court, New York County

ESTATE OF NATHAN S. HOWARD, Deceased

ESTATE OF NATHAN S. HOWARD, Deceased (05/1660/A) — In a contested proceeding to settle the account of Lyndsay Howard-Zita, Ercil Howard-Wroth, and Melvin J. Zalel as executors of the will of Nathan S. Howard, two of the parties — one of the accounting fiduciaries, Melvin J. Zalel, and the objectant, Gerard Penneroux — are now deceased. Dominic DeMarco, executor of the will of the deceased accounting fiduciary, filed a notice of appearance on February 3, 2017; thus, he has voluntarily made himself a party to the proceeding (see SCPA 2207 [3]). Upon the stipulation of the three petitioners, and upon the consent of Jacques Alain Penneroux and Edward C. Radin, III, as ancillary co-administrators of objectant's estate, also filed on February 3, 2017, the ancillary co-administrators of objectant's estate are hereby substituted for objectant Gerard Penneroux (see CPLR 1015 [a]). In accordance with a stipulation of settlement filed on February 3, 2017, the objections have been withdrawn.

05/1660/A
Surrogate Mella

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AURORA LOAN SERVICES, LLC, ap, v. HARRIET DORFMAN, AS ADMINISTRATOR OF THE ESTATE OF MORTON BIALSTOCK res

AURORA LOAN SERVICES, LLC, ap, v. HARRIET DORFMAN, AS ADMINISTRATOR OF THE ESTATE OF MORTON BIALSTOCK res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 19, 2016, for failure to appeal from a prior order of the same court dated May 13, 2015.


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

Surrogate's Court, Suffolk County

ESTATE OF CAROL E. SAUERWALD

ESTATE OF CAROL E. SAUERWALD (13/4335) — In this miscellaneous proceeding, petitioner, William Siele, Jr., as the executor and trustee of the estate of George A. Sauerwald a/k/a George Sauerwald (Suffolk County Surrogate's Court File No. 2013-615), sought authorization to create a supplemental needs trust and to transfer funds of Carol E. Sauerwald ("Carol") to such trust.

13/4335
Surrogate Czygier

Surrogate's Court, New York County

ESTATE OF PETER CHENKO, Deceased

ESTATE OF PETER CHENKO, Deceased (14/3940/A) — The SCPA 2103 proceeding commenced by Gary J. Klein as executor of the will of Peter Chenko has been discontinued pursuant to a stipulation of discontinuance filed as of December 28, 2016 (CPLR 3217 [a][2]).

14/3940/A
Surrogate Mella

Surrogate's Court, Suffolk County

ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST.

ESTATE OF THE HENRY SOBOTA AND HILDEGARD SOBOTA IRREVOCABLE TRUST. (14/1675/B) — In this miscellaneous proceeding, petitioner Hildegard Sobota ("Hildegard"), who is a co-trustee of The Henry Sobota and Hildegard Sobota Irrevocable Trust (the "Trust"), one of the grantors of the Trust, and a beneficiary of the Trust, seeks construction of the Trust. Petitioner requests that the court construe the Trust: (1) so that Hildegard and Henry Sobota ("Henry"), the other grantor, "are the primary beneficiaries of the income and principal of the Trust and such is to be used for their support, maintenance, health and education"; (2) to require the trustees to pay for the expenses of a substitute residence for Henry and Hildegard Sobota (collectively, "the Sobotas"); (3) so that Susan D. Parziale ("Parziale"), Thomas Sobota, Christine Callaway, and their issue are "mere remainder beneficiaries"; (4) prohibiting Parziale from requiring the Sobotas to prove any other income, property, or sources of support in order to receive distributions of income and principal from the Trust; (5) to prohibit Parziale from transferring or expending any Trust income or principal for any purpose other than the support, maintenance, health, and education of the Sobotas; and (6) to direct Parziale to issue a check from the Trust in the amount of $48,000.00 payable to "The Oaks of Pasadena" for past due rent for the Sobotas.

14/1675/B
Surrogate Czygier

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JP MORGAN BANK NA, res, v. ANGEL ROSA ap

JP MORGAN BANK NA, res, v. ANGEL ROSA 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 three orders of the Supreme Court, Kings County, two dated February 17, 2016, and one dated August 4, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

POSILLICO CIVIL, INC., res, v. DIMENSION DEVELOPMENT CORP., ap

POSILLICO CIVIL, INC., res, v. DIMENSION DEVELOPMENT CORP., ap — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 10, 2016.


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


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

Surrogate's Court, Bronx County

Estate of Mary O' Neill

Order signed; 2016-1798 - Estate of Mary O' Neill; Order signed; 2017-227 - Estate of Irma Santiago; Order signed; 2017-182 - Estate of Confesor Baez; Order signed; 2014-547 - Estate of Joseph Valbrun; Order signed; 2016-1935/C - Estate of Alice I Bonelli; Order signed; 2017-131 - Estate of Blanche Barth; Order signed; 2017-223 - Estate of Angelina Giulietti; Order signed; 2016-92 - Estate of Martin T Migliozzi; Order signed; 2013-2308 - Estate of Catherine Gose; Order signed; 2017-271 - Estate of Ramon Octavio Alvarez Rodriguez; Decree signed; 2017-37 - Estate of Anthony Kapaj; Decree signed; 2016-1585 - Estate of Timothy Terino; Decree signed; 2017-22 - Estate of Rosario B Sebastiano; Decree signed; 2016-2767 - Estate of Thomas M Gleason; Decree signed; 2016-2543/A - Estate of Dominick A Soldo; Decree signed; 2016-2823 - Estate of Thelma Z Spinrad; Decree signed; 2017-120 - Estate of Edith Glaser; Decree signed; 2016-2836 - Estate of Henry Stiner; Decree signed; 2017-168 - Estate of Harold Levine; Decree signed; 2017-77 - Estate of Vincent A Lancellotti; Decree signed; 2016-2858 - Estate of Raymond P Madden; Decree signed; 2017-119 - Estate of Dominick Cerbone; Decree signed; 2016-2599 - Estate of Eustaquia Mejias; Decree signed; 2016-1088 - Estate of Alexander osenzweig; Decree signed; 2016-2105 - Estate of Abram Karesh

2016-1798
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF TANYA J. CORBIN, Deceased

ESTATE OF TANYA J. CORBIN, Deceased (09/0437.1) — At the call of the calendar in this contested executor's accounting in the estate of Tanya J. Corbin, the court granted the motion of Dunnington Bartholow & Miller LLP to withdraw as counsel for objectant David Corbin, but denied the firm's motion to have its fees fixed (SCPA §2110[2]).

09/0437.1
Surrogate Anderson

Surrogate's Court, Suffolk County

ESTATE OF GERARD PENNEROUX A/K/A GERARD RAYMOND LOUIS PENNEROUX, Deceased

ESTATE OF GERARD PENNEROUX A/K/A GERARD RAYMOND LOUIS PENNEROUX, Deceased (14/1079/F) — This court issued a decision dated November 20, 2015, removing the previously appointed ancillary administrator (Wagner) and directing him to account. Subsequent to the filing of a contempt proceeding which was brought after Wagner failed to account within the time allotted in the court's order, a petition for judicial settlement was filed reflecting a zero sum balance.

14/1079/F
Surrogate Czygier

Surrogate's Court, New York County

ESTATE OF ALLAN CURRY, Deceased

ESTATE OF ALLAN CURRY, Deceased (14/470 D) — Petitioner's motion for leave to withdraw her note of issue filed in this proceeding is granted, and therefore, respondent's motion to vacate the note of issue is denied as moot. Respondent's cross-motion for costs and sanctions is denied, since respondent has not demonstrated that petitioner's motion was "frivolous" as defined by 22 NYCRR 130-1.1, which requires that such a motion: (1) be completely without merit; (2) have been undertaken to prolong the litigation, or to harass or injure another party; or (3) contain material factual statements. See 22 NYCRR 130-1.1(c)

14/470 D
Surrogate Anderson

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MENDEL ROSENFELD ap, v. PENINAH, LANGER res

MENDEL ROSENFELD ap, v. PENINAH, LANGER res — Appeal from an order of the Supreme Court, Kings County, dated July 29, 2016.


Rivera, J.P.; Balkin, Barros and Brathwaite Nelson, JJ.

Surrogate's Court, Suffolk County

ESTATE OF RUTH E HOWELL, Deceased

ESTATE OF RUTH E HOWELL, Deceased (14/3328) — In this contested probate proceeding, objectant Edwin P. Howell, II has moved for disqualification of the law firm of Christopher J. Cassar, Esq. from serving as counsel for petitioners. For the following reasons, objectant's motion is denied.

14/3328
Surrogate Czygier

Surrogate's Court, Suffolk County

ESTATE OF HANNAH MURIEL DANIELS, Deceased

ESTATE OF HANNAH MURIEL DANIELS, Deceased (13/3968/A) — Before the court are a motion and a cross-motion for summary judgment on the pending petition seeking a decree invalidating the captioned trust. Moving petitioner also seeks a determination that the assets purportedly transferred to the trust pass under the laws of intestacy.

13/3968/A
Surrogate Czygier

Appellate Term, First Judicial Department

THE PEOPLE, res, v. MANNY POLANCO, def-app

11-495. THE PEOPLE, res, v. MANNY POLANCO, def-app — Judgment of conviction (Michael J. Yavinsky, J. at first speedy trial motion; Anthony J. Ferrara, J. at second speedy trial motion, hearings and trial), rendered April 15, 2011, affirmed.

11-495
: Lowe, III, P.J., Schoenfeld, Gonzalez, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHAVONN LUCAS, AS ADMINISTRATOR OF THE ESTATE OF ANDRE WRIGHT, APPELLANT-res, v. LAWRENCE STAM, ETC. def, SUSAN GORDON, ETC. DEFENDANTS-RESPONDENTS-ap; MARTIN CLEARWATER & BELL, LLP, NONPARTY-res-res

SHAVONN LUCAS, AS ADMINISTRATOR OF THE ESTATE OF ANDRE WRIGHT, APPELLANT-res, v. LAWRENCE STAM, ETC. def, SUSAN GORDON, ETC. DEFENDANTS-RESPONDENTS-ap; MARTIN CLEARWATER & BELL, LLP, NONPARTY-res-res — (INDEX NO. 27364/08)In an action to recover damages for medical malpractice and lack of informed consent, (1) (a) the plaintiff appeals, as limited by her brief, from so much of an amended order of the Supreme Court, Kings County (Jacobson, J.), dated April 4, 2014, as granted that branch of her motion which was pursuant to CPLR 3126 to strike the separate answers of the defendants Susan Gordon, Pawan Bhatnagar, William M. Schiff, and New York Presbyterian Hospital Columbia University Medical Center for failure to comply with court-ordered discovery only to the extent of imposing a monetary sanction upon them and their counsel, nonparty Martin Clearwater & Bell, LLP, and (b) the defendants Susan Gordon, Pawan Bhatnagar, William M. Schiff, and New York Presbyterian Hospital Columbia University Medical Center, and nonparty Martin Clearwater & Bell, LLP, cross-appeal, as limited by their brief, from so much of the same amended order as granted those branches of the plaintiff's motion which were pursuant to CPLR 3126 to strike the separate answers of those defendants for failure to comply with court-ordered discovery to the extent of imposing a monetary sanction upon them and pursuant to 22 NYCRR 130-1.1 to impose a monetary sanction upon nonparty Martin Clearwater & Bell, LLP, and (2) (a) the plaintiff appeals, as limited by her brief, from so much of an order of the same court dated November 12, 2014, as denied those branches of her motion which were for leave to renew that branch of the prior motion which was pursuant to CPLR 3126 to strike the separate answers of the defendants Susan Gordon, Pawan Bhatnagar, William M. Schiff, and New York Presbyterian Hospital Columbia University Medical Center, to strike the answer of the defendant Columbia Ophthalmology Consultants, and for leave to enter a default judgment against the defendant Columbia Ophthalmology Consultants, and (b) the defendants Susan Gordon, Pawan Bhatnagar, William M. Schiff, Columbia Ophthalmology Consultants, and New York Presbyterian Hospital Columbia University Medical Center cross-appeal, as limited by their brief, from so much of the order dated November 12, 2014, as denied their cross motion pursuant to 22 NYCRR 130-1.1 to impose costs and sanctions upon the plaintiff's counsel.


Priscilla Hall, J.P.; Austin, Roman and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JULIA N.-R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res

MATTER OF JULIA N.-R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res — (PROCEEDING NO. 1) B-4570-12, B-4573-12, B-4574-12) — Appeal by Maria R. from an order of the Family Court, Westchester County, dated February 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

GEDNEY ASSOCIATION ap, v. CITY OF WHITE PLAINS res

MATTER OF GEDNEY ASSOCIATION ap, v. CITY OF WHITE PLAINS res — (INDEX NO. 1139/14)In a hybrid proceeding pursuant to CPLR article 78 to review a resolution of the Common Council of the City of White Plains dated December 19, 2013, adopting a findings statement pursuant to the State Environmental Quality Review Act (ECL art 8), and action for declaratory relief, the petitioners/plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Lefkowitz, J.), entered November 3, 2014, as denied so much of the petition/complaint as sought to annul the resolution based on alleged violations of the Open Meetings Law (Public Officers Law §100 et seq.), and dismissed that portion of the proceeding/action.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SUKHVINDER S. SODHI, ap, v. 112 PARK ENTERPRISES, LLC res

SUKHVINDER S. SODHI, ap, v. 112 PARK ENTERPRISES, LLC res — (INDEX NO. 5741/14)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (D. Hart, J.), entered April 10, 2015, as denied his motion for summary judgment on the issue of liability without prejudice to renew upon the completion of discovery and, upon denying the defendants' cross motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, did so without prejudice to renew.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MALIK GREENRIDGE, ap

PEOPLE, ETC., res, v. MALIK GREENRIDGE, ap — (S.C.I. NO. 5951/15) Lynn W. L. Fahey, New York, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MICHAEL A. WILLIAMS, ap

PEOPLE, ETC., res, v. MICHAEL A. WILLIAMS, ap — (IND. NO. 6/2011) Neal D. Futerfas, White Plains, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LASANDRA MCKENZIE, pet, v. ASHLEY ARNOLD, res

MATTER OF LASANDRA MCKENZIE, pet, v. ASHLEY ARNOLD, res — (PROCEEDING NO. 2) (DOCKET NOS. V-9836-13, V-5294-14, V-5295-14, V-5771-14, V-5772-14)Appeal by the father from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered July 17, 2015. The order, insofar as appealed from, after a hearing, granted the maternal aunt's petition for sole custody of the subject child and denied the father's petition for sole custody of the child.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LASANDRA MCKENZIE, res, v. MARCUS HUNTE, ap

MATTER OF LASANDRA MCKENZIE, res, v. MARCUS HUNTE, ap — (PROCEEDING NO. 3) (DOCKET NOS. V-9836-13, V-5294-14, V-5295-14, V-5771-14, V-5772-14)Appeal by the father from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered July 17, 2015. The order, insofar as appealed from, after a hearing, granted the maternal aunt's petition for sole custody of the subject child and denied the father's petition for sole custody of the child.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GREENS AT HALF HOLLOW, LLC, ap, v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS res

MATTER OF GREENS AT HALF HOLLOW, LLC, ap, v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS res — (INDEX NO. 3381/13)In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent/defendant Suffolk County Department of Public Works dated October 12, 2012, and action, among other things, for a judgment declaring that a certain agreement is void as a matter of law, the petitioner/plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated June 20, 2014, as granted those branches of the separate motions of the respondents/defendants Suffolk County Department of Public Works, Suffolk County Sewer Agency, Suffolk County Department of Health Services, and County of Suffolk, the respondent/defendant Town of Huntington, the respondents/defendants Greens at Half Hollow Home Owners Association, Inc., and Board of Managers of Greens at Half Hollow Condominiums I-V, the additional respondents/defendants New York State Office for People with Developmental Disabilities, formerly known as New York State Office of Mental Retardation and Developmental Disabilities, New York State Office of Mental Health, Sagamore Children's Psychiatric Center, and Long Island Developmental Disabilities Service Office, the additional respondents/defendants HSC No. 5 Housing Development Fund Company, Inc., and HSC No. 6 Housing Development Fund Company, Inc., and the additional respondent/defendant Country Pointe at Dix Hills Homeowners Association, Inc., which were pursuant to CPLR 3211(a)(5) to dismiss the 1st through 7th and 10th through 12th causes of action insofar as asserted against each of them as barred by the statute of limitations.


Rivera, J.P.; Austin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LOURDES B. v. I. (ANONYMOUS), ap, v. MARIA D. C. S. (ANONYMOUS) res

MATTER OF LOURDES B. v. I. (ANONYMOUS), ap, v. MARIA D. C. S. (ANONYMOUS) res — (DOCKET NO. G-04455-16)Appeals by the petitioner from two orders of the Family Court, Queens County (Juanita E. Wing, Ct. Atty. Ref.), both dated April 12, 2016. The first order granted the petition to appoint the petitioner as guardian of the subject child. The second order, after a hearing, granted 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).


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANASTASIA E. MC. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, res; TROY MC. (ANONYMOUS), JR., ap

MATTER OF ANASTASIA E. MC. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, res; TROY MC. (ANONYMOUS), JR., ap — (DOCKET NO. B-13329-14)Heather A. Fig, Bayport, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. KEITH GORDON, ap

PEOPLE, res, v. KEITH GORDON, ap — Seymour W. James, Jr., New York, NY (Natalie Rea of counsel), for appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

US BANK NATIONAL ASSOCIATION, ETC., res, v. GURDEEP SINGH, APPELLANT def

US BANK NATIONAL ASSOCIATION, ETC., res, v. GURDEEP SINGH, APPELLANT def — (INDEX NO. 19379/09)In an action to foreclose a mortgage, the defendant Gurdeep Singh appeals (1) from an order of the Supreme Court, Queens County (D. Hart, J.), entered April 30, 2015, and (2), as limited by her brief, from so much of an order of the same court, also entered April 30, 2015, as granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against her and for an order of reference.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NYCTL 1997-1 TRUST res, v. SARAH DENIS def, PETER HIRAKIS, ap

NYCTL 1997-1 TRUST res, v. SARAH DENIS def, PETER HIRAKIS, ap — (INDEX NO. 21154/01)Appeals from two orders of the Supreme Court, Kings County (David I. Schmidt, J.), dated March 6, 2014, and May 29, 2014, respectively. The order dated March 6, 2014, insofar as appealed from, granted those branches of the plaintiffs' motion which were for summary judgment on the amended complaint insofar as asserted against the defendant Peter Hirakis and for an order of reference, and denied the cross motion of the defendant Peter Hirakis for summary judgment dismissing the amended complaint insofar as asserted against him. The order dated May 29, 2014, among other things, granted the same relief and referred the matter to a referee to compute the sum due and owing.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DEVENDRA SINGH, ap

PEOPLE, ETC., res, v. DEVENDRA SINGH, ap — (IND. NO. 1134/04)Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated September 17, 2014 (see People v. Singh, 120 AD3d 1360), affirming a judgment of the Supreme Court, Queens County, rendered April 26, 2012. By decision and order on motion of this Court dated March 24, 2016, the application was held in abeyance and the appellant was granted leave to serve and file a brief on the issue of whether appellate counsel was ineffective for failing to raise the issue of whether the appellant was properly advised of the deportation consequences of his plea of guilty pursuant to People v. Peque (22 NY3d 168). The parties have now filed their respective briefs.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JUSTIN P. R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res

MATTER OF JUSTIN P. R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res — (PROCEEDING NO. 2) B-4570-12, B-4573-12, B-4574-12) — Appeal by Maria R. from an order of the Family Court, Westchester County, dated February 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

PEOPLE, ETC., plf, v. GILBERTO MONAREZ, def

PEOPLE, ETC., plf, v. GILBERTO MONAREZ, def — (IND. NO. 240/14) Gilberto Monarez, Dannemora, NY, defendant pro se.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ONEICK A. BROWN, ap

PEOPLE, ETC., res, v. ONEICK A. BROWN, ap — (IND. NO. 1104/13) Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Harrington, J.), rendered June 25, 2015, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STATE OF NEW YORK, ap, v. EZIKIEL R. (ANONYMOUS), res

MATTER OF STATE OF NEW YORK, ap, v. EZIKIEL R. (ANONYMOUS), res — (INDEX NO. 3549/14)Craig S. Leeds, New York, NY, for respondent.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., plf, v. TIMOTHY GRIFFIN, def

PEOPLE, ETC., plf, v. TIMOTHY GRIFFIN, def — (IND. NO. 36/14)Timothy Griffin, Malone, NY, defendant pro se.


Eng, P.J.; Dillon, Leventhal and Chambers, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. FRIDAY IMHIAVAN, ap

PEOPLE, ETC., res, v. FRIDAY IMHIAVAN, ap — (IND. NO. 1986/14)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered June 30, 2015, convicting him of grand larceny in the third degree, identity theft in the first degree, and unlawful possession of personal identification information in the third degree, upon a jury verdict, and imposing sentence.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MELODY J. M. M. (ANONYMOUS), ap — CRAIG M. (ANONYMOUS), PETITIONER-res; BERTHA H. (ANONYMOUS) NONPARTY-res

MATTER OF MELODY J. M. M. (ANONYMOUS), ap — CRAIG M. (ANONYMOUS), PETITIONER-res; BERTHA H. (ANONYMOUS) NONPARTY-res — (DOCKET NO. G-10329-15)Appeal by the subject child, by permission, from an order of the Family Court, Kings County (Judith D. Waksberg, J.), dated October 29, 2015. The order awarded the petitioner visitation with the child. By decision and order on motion dated December 3, 2015, this Court stayed enforcement of the order pending hearing and determination of the appeal.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MENACHEM JOSEPH KRAUSZ ap, v. ALEXANDER ASHKENAZI, a/k/a SENDER ASHKENAZI res

MATTER OF MENACHEM JOSEPH KRAUSZ ap, v. ALEXANDER ASHKENAZI, a/k/a SENDER ASHKENAZI res — (INDEX NO. 511937/14)In a proceeding pursuant to CPLR article 75 to confirm an arbitration award dated December 18, 2013, in which Alexander Ashkenazi, a/k/a Sender Ashkenazi, and Mesamche Lev-Viyoel Moishe, Inc., doing business as Mesamche Lev, cross-petitioned to vacate the award, the petitioners appeal from an order of the Supreme Court, Kings County (Velasquez, J.), dated October 21, 2015, which denied the petition to confirm the award and, in effect, granted the cross petition to vacate the award.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MADELIN JEAN, ap

PEOPLE, ETC., res, v. MADELIN JEAN, ap — (IND. NO. 2684/08)Madelin Jean, Napanoch, NY, appellant pro se.


Mastro, J.P.; Leventhal, Sgroi and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DUSTIN H. HALE, ap

PEOPLE, ETC., res, v. DUSTIN H. HALE, ap — (IND. NO. 118/13)Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered October 10, 2014, convicting him of aggravated vehicular homicide and manslaughter in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress the results of a blood test.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PATRICIA VAN DE MERLEN ap, v. ALAN D. KARPF res

PATRICIA VAN DE MERLEN ap, v. ALAN D. KARPF res — (INDEX NO. 8013/13)Finz & Finz, P.C., Mineola, NY (Ameer Benno of counsel), for appellants.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HENRY BORING ap, v. TOWN OF BABYLON, ET AL., res

HENRY BORING ap, v. TOWN OF BABYLON, ET AL., res — (INDEX NO. 23144/12)In an action, inter alia, to recover damages for trespass, abuse of process, intentional infliction of emotional distress, and violation of constitutional rights pursuant to 42 USC §1983, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), entered March 31, 2014, as granted those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss and for summary judgment dismissing the first, second, and fourth through twelfth causes of action.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MING HSIA, res, v. IRVING VALLE ap

MING HSIA, res, v. IRVING VALLE ap — (INDEX NO. 705315/14)In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Dufficy, J.), entered October 28, 2015, as denied their motion for summary judgment dismissing the complaint.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. TERRENCE JONES-MCFARLAND, ap

PEOPLE, ETC., res, v. TERRENCE JONES-MCFARLAND, ap — (IND. NO. 1214/11)Lynn W. L. Fahey, New York, NY (Kathleen Whooley of counsel), for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WLADYSLAW GRABOWSKI, res, v. BOARD OF MANAGERS OF AVONOVA CONDOMINIUM ap

WLADYSLAW GRABOWSKI, res, v. BOARD OF MANAGERS OF AVONOVA CONDOMINIUM ap — (INDEX NO. 26159/11)Bader & Yakaitis, LLP, New York, NY (Jesse M. Young of counsel), for respondent.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHIMON BUTBUL, ap, v. CITY OF NEW YORK, ET AL., RESPONDENTS def

SHIMON BUTBUL, ap, v. CITY OF NEW YORK, ET AL., RESPONDENTS def — (INDEX NO. 13780/09)In an action to recover damages for personal injuries and injury to property, the plaintiff appeals, as limited by his brief, from (1) so much of an order of the Supreme Court, Kings County (Baynes, J.), dated October 10, 2014, as granted that branch of the motion of the defendant Joseph C. Taormina which was for summary judgment dismissing the complaint insofar as asserted against him, (2) so much of an order of the same court, also dated October 10, 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 (3) so much of an order of the same court, also dated October 10, 2014, as granted that branch of the motion of the defendants Felix Associates, LLC, Brooklyn Arena, LLC, and Atlantic Yards Development Company, LLC, which was for summary judgment dismissing the complaint insofar as asserted against them.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONTE MERSON, pet, v. MARCUS HUNTE, res

MATTER OF DONTE MERSON, pet, v. MARCUS HUNTE, res — (PROCEEDING NO. 5) (DOCKET NOS. V-9836-13, V-5294-14, V-5295-14, V-5771-14, V-5772-14)Appeal by the father from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered July 17, 2015. The order, insofar as appealed from, after a hearing, granted the maternal aunt's petition for sole custody of the subject child and denied the father's petition for sole custody of the child.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MAX P. R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res

MATTER OF MAX P. R. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-res, MARIA R. (ANONYMOUS), RESPONDENT-APPELLANT res — (PROCEEDING NO. 3) B-4570-12, B-4573-12, B-4574-12) — Appeal by Maria R. from an order of the Family Court, Westchester County, dated February 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

US BANK NATIONAL ASSOCIATION, ETC., res, v. MARIJA KONSTANTINOVIC, APPELLANT def

US BANK NATIONAL ASSOCIATION, ETC., res, v. MARIJA KONSTANTINOVIC, APPELLANT def — (INDEX NO. 9549/09)In an action to foreclose a mortgage, the defendant Marija Konstantinovic appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Nahman, J.), entered March 16, 2015, as granted those branches of the plaintiff's motion which were to amend the caption to correct the name of the plaintiff, to vacate an order of reference of the same court (Cullen, J.) dated June 2, 2010, and for a new order of reference, and denied that branch of her cross motion which was to dismiss the complaint insofar as asserted against her as abandoned pursuant to CPLR 3215(c) or, in the alternative, for leave to serve an answer.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THOMAS DIMATTINA, ETC., ap, v. RUSSELL CASCARDO, RESPONDENT def

THOMAS DIMATTINA, ETC., ap, v. RUSSELL CASCARDO, RESPONDENT def — (ACTION NO. 1)


Balkin, J.P.; Hall, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PETER POLYKARPOU, res, v. ROLANDO GRULLON ap

PETER POLYKARPOU, res, v. ROLANDO GRULLON ap — Application by the appellant Emanuel Jimenez to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 26, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROSA CUMMINGS, ETC., res, v. BROOKLYN HOSPITAL CENTER ap

ROSA CUMMINGS, ETC., res, v. BROOKLYN HOSPITAL CENTER ap — (INDEX NO. 904/09)In a consolidated action to recover damages for medical malpractice, the defendant Brooklyn Hospital Center appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated June 27, 2014, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it, and the defendant Lenox Hill Hospital separately appeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RIHANA J. H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; QUIANNA J. (ANONYMOUS), APPELLANT res

MATTER OF RIHANA J. H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; QUIANNA J. (ANONYMOUS), APPELLANT res — (PROCEEDING NO. 1) (DOCKET NOS. N-2583-16, N-2584-16) Appeal from an order of the Family Court, Kings County (Lillian Wan, J.), dated May 4, 2016. The order, insofar as appealed from, denied the mother's motion, in effect, for visitation with the child Kaden J. M. supervised by the maternal grandmother, and, in effect, modified a prior order of that court dated March 16, 2016, by vacating a provision authorizing the maternal grandmother to supervise visitation between the mother and Kaden J. M.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WANDA OKULA, res, v. CITY OF NEW YORK def, NEW YORK CITY TRANSIT AUTHORITY ap

WANDA OKULA, res, v. CITY OF NEW YORK def, NEW YORK CITY TRANSIT AUTHORITY ap — (INDEX NO. 703899/15)In an action to recover damages for personal injuries, the defendants New York City Transit Authority and Metropolitan Transportation Authority appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated April 19, 2016, as denied that branch of their motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant New York City Transit Authority as premature, with leave to renew upon the completion of discovery.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BEN LEWAK, res, v. TOWN OF HEMPSTEAD, def, CITY OF LONG BEACH, ap

BEN LEWAK, res, v. TOWN OF HEMPSTEAD, def, CITY OF LONG BEACH, ap — (INDEX NO. 600798/13)In an action to recover damages for personal injuries, the defendant City of Long Beach appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered December 8, 2015, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.


Eng, P.J.; Hall, Cohen and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHANNON W. (ANONYMOUS). PHILIP W. (ANONYMOUS), ap; KIM M. (ANONYMOUS), res

MATTER OF SHANNON W. (ANONYMOUS). PHILIP W. (ANONYMOUS), ap; KIM M. (ANONYMOUS), res — (FILE NO. 2388/11)In a guardianship proceeding pursuant to Surrogate's Court Procedure Act article 17-A, Philip W. appeals (1), as limited by his brief, from so much of a decree of the Surrogate's Court, Westchester County (Capeci, S.), dated November 22, 2013, as, after a hearing, and upon a decision of the same court dated November 22, 2013, finding that the ward, Shannon W., is a "mentally retarded and developmentally disabled" person within the meaning of Surrogate's Court Procedure Act article 17-A, appointed the ward's brother, Shane W., as standby guardian of the person and property of the ward, and (2) from an order of the same court dated December 23, 2013, which, upon the decision, granted him weekly visitation with the ward only on Saturdays from 10:00 a.m. to 5:00 p.m.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARCUS HUNTE, ap, v. ASHLEY ARNOLD, res

MATTER OF MARCUS HUNTE, ap, v. ASHLEY ARNOLD, res — (PROCEEDING NO. 1) (DOCKET NOS. V-9836-13, V-5294-14, V-5295-14, V-5771-14, V-5772-14)Appeal by the father from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered July 17, 2015. The order, insofar as appealed from, after a hearing, granted the maternal aunt's petition for sole custody of the subject child and denied the father's petition for sole custody of the child.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WILSON A. T. Z. (ANONYMOUS), NONPARTY-ap — JOSE M. T. G. (ANONYMOUS), pet; MANUELA Z. M. (ANONYMOUS), res

MATTER OF WILSON A. T. Z. (ANONYMOUS), NONPARTY-ap — JOSE M. T. G. (ANONYMOUS), pet; MANUELA Z. M. (ANONYMOUS), res — (DOCKET NO. G-19479/14)Marisa Prestianni, Jamaica, NY, for nonparty-appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAWRENCE WANDER res, v. ST. JOHNS UNIVERSITY ap

MATTER OF LAWRENCE WANDER res, v. ST. JOHNS UNIVERSITY ap — (MATTER NO. 2) (INDEX NO. 34854/07)In an action to recover damages for discrimination on the basis of age in violation of, inter alia, Executive Law §296, and a related proceeding pursuant to CPLR article 78 to review, among other things, a determination by St. John's University dated May 24, 2007, to convert the suspensions of Lawrence Wander and John S. Manna from suspensions with pay to suspensions without pay, St. John's University and Peter J. Tobin College of Business appeal from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Silber, J.), dated September 17, 2014, as granted that branch of the petition which was to annul the determination to convert the suspensions from with pay to without pay, and directed St. John's University and Peter J. Tobin College of Business to pay Lawrence Wander and John S. Manna all amounts they would regularly have received as if suspended with pay, plus statutory interest.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NATIONSTAR MORTGAGE, LLC, res, v. ARTHUR H. CHASE III def, MAURICE OPARAJI, ap

NATIONSTAR MORTGAGE, LLC, res, v. ARTHUR H. CHASE III def, MAURICE OPARAJI, ap — (INDEX NO. 703233/13) Maurice Oparaji, Rosedale, NY, appellant pro se.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JEROME WITHERSPOON, ap

PEOPLE, ETC., res, v. JEROME WITHERSPOON, ap — (IND. NO. 547/13)Lynn W. L. Fahey, New York, NY (Joshua M. Levine of counsel), for appellant.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALY ALY ABOU ABDOU, ap, v. KATHLEEN RAMPAUL, ET AL., RESPONDENTS def

ALY ALY ABOU ABDOU, ap, v. KATHLEEN RAMPAUL, ET AL., RESPONDENTS def — (INDEX NO. 28869/10) In a consolidated action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated September 22, 2014, as granted that branch of the motion of the defendants Kathleen Rampaul and Mervyn Rampaul which was for summary judgment dismissing the complaint insofar as asserted against them.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THOMAS DIMATTINA, ETC., ap, v. RUSSELL CASCARDO, ET AL., res

THOMAS DIMATTINA, ETC., ap, v. RUSSELL CASCARDO, ET AL., res — (ACTION NO. 2)


Balkin, J.P.; Hall, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEBORAH BOWERS, res, v. CITY OF NEW YORK, def, NEW YORK CITY TRANSIT AUTHORITY, ap

DEBORAH BOWERS, res, v. CITY OF NEW YORK, def, NEW YORK CITY TRANSIT AUTHORITY, ap — (INDEX NO. 701990/13)In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Queens County (Gavrin, J.), entered December 28, 2015, which denied its motion to dismiss the complaint insofar as asserted against it and granted the plaintiff's cross motion for leave to amend the notice of claim and the pleadings to reflect the correct date of the occurrence.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PAUL MEMOLI, ETC., res, v. WINTHROP-UNIVERSITY HOSPITAL APPELLANTS def

PAUL MEMOLI, ETC., res, v. WINTHROP-UNIVERSITY HOSPITAL APPELLANTS def — (INDEX NO. 19704/10)In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Winthrop-University Hospital appeals, and the defendants Lee Eric Tessler and Neurological Surgery, P.C., separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Nassau County (J. Murphy, J.), entered September 10, 2014, as, upon reargument, adhered to a prior determination in an order dated March 17, 2014, denying those branches of their separate motions which were for summary judgment dismissing the first, third, and fourth causes of action insofar as asserted against each of them.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOMINICK M. (ANONYMOUS), ap

MATTER OF DOMINICK M. (ANONYMOUS), ap — (DOCKET NO. D-15589/15)Appeal from an order of disposition of the Family Court, Kings County (Ilana Gruebel, J.), dated February 17, 2016. The order adjudicated Dominick M. a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review an order of fact-finding of that court dated February 3, 2016, which, after a hearing, found that Dominick M. had committed acts which, if committed by an adult, would have constituted the crimes of obstructing governmental administration in the second degree and resisting arrest.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FIRST UNITED MORTGAGE BANKING CORP., ap, v. FREDERICK LAWANI def

FIRST UNITED MORTGAGE BANKING CORP., ap, v. FREDERICK LAWANI def — (INDEX NO. 41749/07)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated May 27, 2014, which (1) denied its unopposed motion for an order of reference, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, and to amend the caption, and (2), sua sponte, directed the dismissal of the complaint.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHRISTOPHER RAIA res-ap, v. BERKELEY COOPERATIVE TOWERS SECTION II CORP., APPELLANT-res

CHRISTOPHER RAIA res-ap, v. BERKELEY COOPERATIVE TOWERS SECTION II CORP., APPELLANT-res — (INDEX NO. 2760/10)In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Kings County (Martin, J.), dated December 11, 2014, which, inter alia, denied that branch of its motion, made at the close of evidence, which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the cause of action alleging a violation of Labor Law §240(1) and granted that branch of the plaintiffs' motion which was pursuant to CPLR 4401 for judgment as a matter of law on that cause of action, and the plaintiffs cross-appeal, as limited by their brief, from so much of the same order as, in effect, sua sponte, directed dismissal of the cause of action alleging a violation of Labor Law §241(6).


Austin, J.P.; Cohen, Maltese and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID DAVIS ap, v. CITY OF NEW YORK, ET AL., res

DAVID DAVIS ap, v. CITY OF NEW YORK, ET AL., res — (INDEX NO. 11737/13)In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Genovesi, J.), dated December 1, 2015, as denied their motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1), granted that branch of the cross motion of the defendant City of New York which was for summary judgment dismissing that cause of action insofar as asserted against it, and granted that branch of the separate cross motion of the defendants National Grid Electric Services, LLC, National Grid Energy Management, LLC, and Keyspan Energy Delivery NYC which was for summary judgment dismissing that cause of action insofar as asserted against them.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JAMES FINELLI, ap, v. 205 NORTHSIDE, LLC res

JAMES FINELLI, ap, v. 205 NORTHSIDE, LLC res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 11, 2016.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TANAJA F. (ANONYMOUS), ap

MATTER OF TANAJA F. (ANONYMOUS), ap — (DOCKET NO. D-547-15) Appeal from an order of disposition of the Family Court, Kings County (Jacqueline D. Williams, J.), dated February 1, 2016. The order adjudicated Tanaja F. a juvenile delinquent, and placed her on probation for a period of 12 months. The appeal brings up for review so much of a fact-finding order of that court dated October 5, 2015, made upon Tanaja F.'s admission, as found that she had committed acts which, if committed by an adult, would have constituted the crime of endangering the welfare of a child (three counts).


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAWRENCE WANDER PLAINTIFFS/COUNTERCLAIM def, v. ST. JOHNS UNIVERSITY, DEFENDANT/COUNTERCLAIM PLAINTIFF def

LAWRENCE WANDER PLAINTIFFS/COUNTERCLAIM def, v. ST. JOHNS UNIVERSITY, DEFENDANT/COUNTERCLAIM PLAINTIFF def — (MATTER NO. 1) (INDEX NO. 34854/07)In an action to recover damages for discrimination on the basis of age in violation of, inter alia, Executive Law §296, and a related proceeding pursuant to CPLR article 78 to review, among other things, a determination by St. John's University dated May 24, 2007, to convert the suspensions of Lawrence Wander and John S. Manna from suspensions with pay to suspensions without pay, St. John's University and Peter J. Tobin College of Business appeal from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Silber, J.), dated September 17, 2014, as granted that branch of the petition which was to annul the determination to convert the suspensions from with pay to without pay, and directed St. John's University and Peter J. Tobin College of Business to pay Lawrence Wander and John S. Manna all amounts they would regularly have received as if suspended with pay, plus statutory interest.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NELLI KORONKEVICH, plf-res, v. ALEXANDER DEMBITZER ap, CITY OF NEW YORK, DEFENDANT-RESPONDENT def

NELLI KORONKEVICH, plf-res, v. ALEXANDER DEMBITZER ap, CITY OF NEW YORK, DEFENDANT-RESPONDENT def — (INDEX NO. 13396/12) In an action to recover damages for personal injuries, the defendants Alexander Dembitzer and Henny Dembitzer appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Genovesi, J.), dated February 19, 2016, as denied that branch of their motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MORPHIUS I. (ANONYMOUS). LEAKE AND WATTS SERVICES, INC., res; BLOSSOM P. I. (ANONYMOUS), ap

MATTER OF MORPHIUS I. (ANONYMOUS). LEAKE AND WATTS SERVICES, INC., res; BLOSSOM P. I. (ANONYMOUS), ap — (DOCKET NO. B-549-14) Appeal by the mother from an order of fact-finding and disposition of the Family Court, Kings County (Lillian Wan, J.), dated October 21, 2015. The order, after fact-finding and dispositional hearings, found, inter alia, that the mother is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the subject child and terminated her parental rights.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SELENA R. M. (ANONYMOUS). CATHOLIC GUARDIAN SERVICES, PETITIONER-res; THERESA M. K. (ANONYMOUS), a/k/a THERESA M. (ANONYMOUS), a/k/a THERESA K. (ANONYMOUS), APPELLANT res

MATTER OF SELENA R. M. (ANONYMOUS). CATHOLIC GUARDIAN SERVICES, PETITIONER-res; THERESA M. K. (ANONYMOUS), a/k/a THERESA M. (ANONYMOUS), a/k/a THERESA K. (ANONYMOUS), APPELLANT res — (DOCKET NO. B-19850-13)Appeal by the mother from an order of factfinding and disposition of the Family Court, Queens County (Mary O'Donoghue, J.), dated October 2, 2015. The order, insofar as appealed from, after fact-finding and dispositional hearings, found that the mother permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the subject child jointly to the Commissioner of Social Services of the City of New York and Catholic Guardian Services for the purpose of adoption.


Balkin, J.P.; Hall, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARINA MANZO, ETC., ap, v. 372 DOUGHTY BOULEVARD CORP., res

MARINA MANZO, ETC., ap, v. 372 DOUGHTY BOULEVARD CORP., res — (INDEX NO. 641/11)In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bruno, J.), entered May 23, 2014, which granted the defendant's motion for summary judgment dismissing the complaint.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DIANA CENSOPRANO, ap

PEOPLE, ETC., res, v. DIANA CENSOPRANO, ap — (IND. NO. 2418/14) Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.


Eng, P.J.; Chambers, Maltese and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FRANCIS SHAUGHNESSY, plf-res, v. HUNTINGTON HOSPITAL ASSOCIATION, DOING BUSINESS AS HUNTINGTON HOSPITAL DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS-res, ENERGYWISE, INC., DEFENDANT THIRD-PARTY def-res, HVAC, INC., DEFENDANT THIRD-PARTY defap, ET AL., THIRD-PARTY def

FRANCIS SHAUGHNESSY, plf-res, v. HUNTINGTON HOSPITAL ASSOCIATION, DOING BUSINESS AS HUNTINGTON HOSPITAL DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS-res, ENERGYWISE, INC., DEFENDANT THIRD-PARTY def-res, HVAC, INC., DEFENDANT THIRD-PARTY defap, ET AL., THIRD-PARTY def — (INDEX NOS. 16760/11, 320118/12)In an action to recover damages for personal injuries, the defendants third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), entered April 1, 2014, as granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) insofar as asserted against them, and the defendant third-party defendant HVAC, Inc., separately appeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment dismissing the causes of action alleging a violation of Labor Law §200 and common-law negligence insofar as asserted against it and the cross claim and third-party cause of action for common-law indemnification asserted against it, and for conditional summary judgment on its cross claim for common-law indemnification against the defendant third-party plaintiff Axis Construction Corp., and granted the motion of the defendant third-party defendant Energywise, Inc., for summary judgment on its cross claim for contractual indemnification against HVAC, Inc.


Austin, J.P.; Cohen, Miller and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WILLIAM HENDERSON, JR. ap, v. ROBERT ROSS, res

WILLIAM HENDERSON, JR. ap, v. ROBERT ROSS, res — (INDEX NO. 8618/14)In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), dated December 1, 2015, as granted that branch of the defendant's motion which was for a protective order precluding any "non-attorney[ ]" from accompanying the plaintiff William Henderson, Jr., in the examination room during his physical examination.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. KENNETH DAVIS, ap

PEOPLE, ETC., res, v. KENNETH DAVIS, ap — (IND. NO. 1159/13)Lynn W. L. Fahey, New York, NY (Ronald Zapata of counsel), for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JERON W. FORTE, ap

PEOPLE, ETC., res, v. JERON W. FORTE, ap — (IND. NO. 14-00814) Arza R. Feldman, Uniondale, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CATHLEEN BENTICK, res, v. FERNANDO GATCHALIAN, ap

CATHLEEN BENTICK, res, v. FERNANDO GATCHALIAN, ap — (INDEX NO. 705182/15)In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Modica, J.), dated December 10, 2015, which granted the plaintiff's motion for summary judgment on the issue of liability.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ap, v. SHARINE CARRIER def

ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ap, v. SHARINE CARRIER def — (INDEX NO. 22428/12) Stern & Montana, LLP, New York, NY (Richard Montana of counsel), for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CITIMORTGAGE, INC., ETC., ap, v. EVA PAPPAS, RESPONDENT def

CITIMORTGAGE, INC., ETC., ap, v. EVA PAPPAS, RESPONDENT def — (INDEX NO. 27687/11)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated February 27, 2015, which denied its motion, inter alia, for summary judgment on the complaint and granted the cross motion of the defendant Eva Pappas for summary judgment dismissing the complaint insofar as asserted against her.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GERALD DAVIES, res-ap, v. SIMON PROPERTY GROUP, INC., res, E.W. HOWELL CO., LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res, RUTTURA & SONS CONSTRUCTION CORP., DEFENDANT-APPELLANT-res, ALLSTATE INTERIOR DEMOLITION CORPORATION, THIRDPARTY DEFENDANT-RESPONDENT (AND ANOTHER THIRD-PARTY ACTION)

GERALD DAVIES, res-ap, v. SIMON PROPERTY GROUP, INC., res, E.W. HOWELL CO., LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res, RUTTURA & SONS CONSTRUCTION CORP., DEFENDANT-APPELLANT-res, ALLSTATE INTERIOR DEMOLITION CORPORATION, THIRDPARTY DEFENDANT-RESPONDENT (AND ANOTHER THIRD-PARTY ACTION). — Separate applications by the appellants-respondents Ruttura & Sons Construction Corp., and E.W. Howell Co., LLC, to withdraw appeals from an order of the Supreme Court, Nassau County, dated December 9, 2015.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JUNIOR J. GARCIA, ap, v. SINDY M. CRUZ, res

MATTER OF JUNIOR J. GARCIA, ap, v. SINDY M. CRUZ, res — Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated April 14, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GOVERNMENT EMPLOYEES INSURANCE COMPANY, pet-res, v. JOY FLETCHER, res; GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, ADDITIONAL RESPONDENT-APPELLANT ADDITIONAL res

MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY, pet-res, v. JOY FLETCHER, res; GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, ADDITIONAL RESPONDENT-APPELLANT ADDITIONAL res — (INDEX NO. 507547/14)Jason Tenenbaum, P.C., Garden City, NY, for additional respondent-appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FAROUK AHMAD ap, v. KEITH LUCE, def, SCOTT HUNZINGER, res

FAROUK AHMAD ap, v. KEITH LUCE, def, SCOTT HUNZINGER, res — (INDEX NO. 33987/13)In an action to recover on a promissory note, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated September 29, 2014, which denied the motion.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. THOMAS COSTA, ap

PEOPLE, ETC., res, v. THOMAS COSTA, ap — (IND. NO. 1779/13) Appeal by the defendant from a judgment of the County Court, Suffolk County (Camacho, J.), rendered December 4, 2014, convicting him of leaving the scene of an accident resulting in death, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONTE MERSON, pet, v. ASHLEY ARNOLD, res

MATTER OF DONTE MERSON, pet, v. ASHLEY ARNOLD, res — (PROCEEDING NO. 4) (DOCKET NOS. V-9836-13, V-5294-14, V-5295-14, V-5771-14, V-5772-14)Appeal by the father from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered July 17, 2015. The order, insofar as appealed from, after a hearing, granted the maternal aunt's petition for sole custody of the subject child and denied the father's petition for sole custody of the child.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FADIL ORAHOVAC res, v. CF LEX ASSOCIATES def, LEXREAL ASSOCIATES LIMITED PARTNERSHIP APPELLANTS (AND A THIRD-PARTY ACTION)

FADIL ORAHOVAC res, v. CF LEX ASSOCIATES def, LEXREAL ASSOCIATES LIMITED PARTNERSHIP APPELLANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 11450/06)In an action to recover damages for personal injuries, etc., the defendants Lexreal Associates Limited Partnership, Boston Properties, Inc., and Boston Properties Limited Partnership appeal, and the defendant Otis Elevator Company separately appeals, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Walker, J.), dated January 23, 2015, as denied their respective motions for summary judgment dismissing the complaint insofar as asserted against each of them.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STEPHANIE M. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, res; JOSE M. (ANONYMOUS), ap

MATTER OF STEPHANIE M. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, res; JOSE M. (ANONYMOUS), ap — (PROCEEDING NO. 1) (DOCKET NOS. N-13273-12, N-13274-12)Appeal by the father from an order of the Family Court, Westchester County (Michelle I. Schauer, J.), entered July 28, 2015. The order, insofar as appealed from, awarded sole legal and physical custody of the subject children to their maternal aunt.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. REGINALD GOUSSE, ap

PEOPLE, ETC., res, v. REGINALD GOUSSE, ap — (IND. NO. 606/05) Reginald Gousse, Attica, NY, appellant pro se.


Rivera, J.P.; Dillon, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

YOLANDA M. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, res; JOSE M. (ANONYMOUS), ap

MATTER OF YOLANDA M. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, res; JOSE M. (ANONYMOUS), ap — (PROCEEDING NO. 2) (DOCKET NOS. N-13273-12, N-13274-12)Appeal by the father from an order of the Family Court, Westchester County (Michelle I. Schauer, J.), entered July 28, 2015. The order, insofar as appealed from, awarded sole legal and physical custody of the subject children to their maternal aunt.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EMMANUELA B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; JEAN E. B. (ANONYMOUS), RESPONDENT-APPELLANT res

MATTER OF EMMANUELA B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; JEAN E. B. (ANONYMOUS), RESPONDENT-APPELLANT res — (DOCKET NO. N-26981/15)Appeals by the father from two orders of the Family Court, Kings County (Terrence J. McElrath, J.), dated October 23, 2015, and October 26, 2015, respectively. The orders, insofar as appealed from, after a hearing, granted that branch the petitioner's application pursuant to Family Court Act §1027 which sought removal of the subject child from the father, and placed the child in the custody of the petitioner pending the outcome of the neglect proceeding.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JACKIE SILVER, ap, v. JENNIFER SILVER res

JACKIE SILVER, ap, v. JENNIFER SILVER res — Application by the appellant 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, Queens County, entered April 19 2016.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOVANTE SLATER, ap

PEOPLE, ETC., res, v. JOVANTE SLATER, ap — (IND. NO. 88/13)Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed September 17, 2014, consisting of a determinate term of imprisonment of 8 years plus a period of 2 years of postrelease supervision, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty, on the ground that the sentence was illegal or, in the alternative, excessive.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAKHI GENERAL CONTRACTOR, INC., ap, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, res

LAKHI GENERAL CONTRACTOR, INC., ap, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, res — (INDEX NO. 702735/13)In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), entered September 23, 2014, which granted the defendant's motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint.


Rivera, J.P.; Austin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SUSANN BROWN, res, v. JOHN J. BROWN, ap

SUSANN BROWN, res, v. JOHN J. BROWN, ap — (INDEX NO. 202184/08) Appeal by the defendant from a judgment of divorce of the Supreme Court, Nassau County (Geoffrey J. O'Connell, J.H.O.), entered June 4, 2014. The judgment, insofar as appealed from, upon a decision of that court dated January 17, 2013, made after a nonjury trial, (a) awarded the plaintiff 20 percent of the appreciation in value of certain of the defendant's separate property, a portion of the value of a personal injury award received by the defendant, and a 50 percent interest in a mortgage debt owed to the defendant, (b) failed to award the defendant any portion of the plaintiff's pension or retirement accounts, (c) equitably distributed the parties' bank accounts, and (d) awarded the plaintiff spousal maintenance, child support, spousal maintenance and child support arrears, and an attorney's fee.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KELDA VIDAL, ap, v. LOUIS RODRIGUEZ, ET AL., res

KELDA VIDAL, ap, v. LOUIS RODRIGUEZ, ET AL., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 14, 2016.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONNA DOTTAVIO, res, v. ASPEN KNOLLS ESTATES HOME OWNERS ASSOCIATION, ap

DONNA DOTTAVIO, res, v. ASPEN KNOLLS ESTATES HOME OWNERS ASSOCIATION, ap — (INDEX NO. 101589/13)In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated October 20, 2015, which denied its motion for summary judgment dismissing the complaint.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

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

PEOPLE, ETC., res, v. RAYMOND MINAYA, ap — (IND. NOS. 8015/13, 8397/13)Lynn W. L. Fahey, New York, NY, for appellant.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHERRY SCOTT, pet, v. VILLAGE OF NYACK HOUSING AUTHORITY res

MATTER OF SHERRY SCOTT, pet, v. VILLAGE OF NYACK HOUSING AUTHORITY res — (INDEX NO. 33832/14)Proceeding pursuant to CPLR article 78 to review a determination of the Village of Nyack Housing Authority dated April 7, 2014, which upheld the imposition of a charge of $8.25 upon the petitioner to remedy a clogged drain condition in her apartment.


Eng, P.J.; Balkin, Sgroi and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KONSTANTIN TSERPELIS, ap, v. TAMARES REAL ESTATE HOLDINGS, INC. RESPONDENTS (AND A THIRDPARTY ACTION)

KONSTANTIN TSERPELIS, ap, v. TAMARES REAL ESTATE HOLDINGS, INC. RESPONDENTS (AND A THIRDPARTY ACTION). (INDEX NO. 6248/11) In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Siegal, J.), entered May 8, 2014, as, upon an order of the same court entered March 5, 2014, inter alia, granting that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law §240(1), is in favor of the defendants and against him dismissing that cause of action.


Leventhal, J.P.; Maltese, Lasalle and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

US BANK NATIONAL ASSOCIATION, ETC., ap, v. FRANK SARACENO, SR. RESPONDENTS def

US BANK NATIONAL ASSOCIATION, ETC., ap, v. FRANK SARACENO, SR. RESPONDENTS def — (INDEX NO. 39656/09)In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 28, 2013, which, sua sponte, inter alia, directed it to file either a motion for a judgment of foreclosure and sale or a notice of discontinuance of the action within 90 days, or provide the court with a good faith basis for noncompliance, and (2) an order of the same court dated March 23, 2015, which denied its unopposed motion, inter alia, for a judgment of foreclosure and sale, and determined that the action had been automatically dismissed based on the plaintiff's failure to comply with the terms of the order dated March 28, 2013.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GREENS AT HALF HOLLOW, LLC, ap, v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS res

MATTER OF GREENS AT HALF HOLLOW, LLC, ap, v. SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS res — (INDEX NO. 3381/13)In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent/defendant Suffolk County Department of Public Works dated October 12, 2012, and action, among other things, for a judgment declaring that a certain agreement is void as a matter of law, the petitioner/plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated November 8, 2013, as denied that branch of its cross motion which was for leave to enter a default judgment against the respondents/defendants and the defendants, and granted that branch of its cross motion which was, in the alternative, for leave to join any necessary parties pursuant to CPLR 1001.


Rivera, J.P.; Austin, Cohen and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., ap, v. DENIS ARIBISALA def, LESLIE WINDSOR, ET AL., res

DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., ap, v. DENIS ARIBISALA def, LESLIE WINDSOR, ET AL., res — (INDEX NO. 38448/07) In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated May 28, 2015, which denied that branch of its motion which was to vacate an order of the same court dated July 23, 2013, conditionally dismissing the action pursuant to CPLR 3216, and, in effect, denied, as academic, that branch of its motion which was for a judgment of foreclosure and sale.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JUAN PABLO ZELAYA, ap

PEOPLE, ETC., res, v. JUAN PABLO ZELAYA, ap — (IND. NO. 754/13)Carol E. Castillo, East Setauket, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DIRECTIONAL LENDING, LLC, res, v. MARIE GUERRERA, NOW KNOWN AS MARIE TOOKER, APPELLANT def

DIRECTIONAL LENDING, LLC, res, v. MARIE GUERRERA, NOW KNOWN AS MARIE TOOKER, APPELLANT def — (INDEX NO. 5714/04)In an action to foreclose a mortgage, the defendant Marie Guerrera, now known as Marie Tooker, appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated April 9, 2014, which denied her motion pursuant to CPLR 5015 to vacate a judgment of foreclosure and sale of the same court (Asher, J.), dated June 28, 2011, and a deficiency judgment of the same court (Rebolini, J.), entered August 10, 2012, and denied her separate motion seeking the same relief.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

QUIERRA MARY RAMOS, ETC. res, v. NEW YORK CITY HOUSING AUTHORITY, DEFENDANT THIRDPARTY PLAINTIFF-ap; ET AL., THIRDPARTY def

QUIERRA MARY RAMOS, ETC. res, v. NEW YORK CITY HOUSING AUTHORITY, DEFENDANT THIRDPARTY PLAINTIFF-ap; ET AL., THIRDPARTY def — (INDEX NO. 15698/05) In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated April 24, 2015, which denied its motion for summary judgment dismissing the complaint with leave to renew.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

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

PEOPLE, ETC., res, v. MICHAEL VIRAPEN, ap — (IND. NO. 316/15) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered January 21, 2016, convicting him of criminal obstruction of breathing or blood circulation, endangering the welfare of a child (two counts), and harassment in the second degree, after a nonjury trial, and imposing sentence.


Balkin, J.P.; Hall, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. ALLAN HEADLEY, ap

PEOPLE, res, v. ALLAN HEADLEY, ap — Appeal by the defendant from an order of the Supreme Court, Richmond County (Rooney, J.), dated August 15, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JENELLE FRASER, ap, v. KWAME M. FLEARY, res

MATTER OF JENELLE FRASER, ap, v. KWAME M. FLEARY, res — (DOCKET NOS. V-970-12/14A, V-971-12/12A) Appeal by the mother from an order of the Supreme Court, Kings County (IDV Part) (Esther M. Morgenstern, J.), dated February 24, 2015. The order denied the mother's motion to vacate a final order of custody and visitation dated February 11, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. WILLIAM J. FLOWERS, ap

PEOPLE, ETC., res, v. WILLIAM J. FLOWERS, ap — (IND. NO. 331/13) Martin Geduldig, Garden City, NY, for appellant, and appellant pro se.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KADEN J. M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; QUIANNA J. (ANONYMOUS), APPELLANT res

MATTER OF KADEN J. M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; QUIANNA J. (ANONYMOUS), APPELLANT res — (PROCEEDING NO. 2) (DOCKET NOS. N-2583-16, N-2584-16) Appeal from an order of the Family Court, Kings County (Lillian Wan, J.), dated May 4, 2016. The order, insofar as appealed from, denied the mother's motion, in effect, for visitation with the child Kaden J. M. supervised by the maternal grandmother, and, in effect, modified a prior order of that court dated March 16, 2016, by vacating a provision authorizing the maternal grandmother to supervise visitation between the mother and Kaden J. M.


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

U.S. District Court, Northern District

Passino v. Social Security Administration, 6:16-CV-0430

Remedies Not Exhausted, Subject Jurisdiction Lacking in Suit Against SSA Over FOIA Response

6:16-CV-0430
District Judge Glenn Suddaby

U.S. District Court, Northern District

Rogers v. Overton, Russell, Doerr & Donovan, LLP, 1:16-cv-00784

Debt Collector Lacks Duty to Communicate Dispute Arising After Report to Credit Agency

1:16-cv-00784
District Judge Mae D'Agostino

U.S. District Court, Southern District

Doe v. Ejercito De Liberacion Nacional, 15 CV 8652

Blocked Accounts' Assets Not Attachable Under TRIA §201; Turn-Over Order Denied

15 CV 8652
District Judge Laura Taylor Swain

U.S. District Court, Southern District

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 15 Civ. 9945

Breach Suit Over Bank's 'Last Look' Delay in Matching FX Trade Orders Partly Dismissed

15 Civ. 9945
District Judge Lorna Schofield

U.S. District Court, Southern District

Gambles v. Sterling Infosystems, Inc., 15 Civ. 9746

FCRA Privacy Rights Suit Over Background Report's False Information Not Dismissed

15 Civ. 9746
District Judge Paul Engelmayer

Supreme Court, Monroe County

J.A.P. v. A.J.P., 11/12785

Wife Denied Dismissal of 2011 Divorce Action As CPLR 306-b Defense Rests With Husband

11/12785
Justice Richard Dollinger

Supreme Court, Warren County

Matter of K.E.O., 62958

Mother Granted Petition to Change Infant's Surname as In Child's Best Interests

62958
Justice Robert J. Muller

City Court, Fulton County

The People v. Jones, 2016-0575

Officer's Initial Approach Justified, But Probable Cause to Arrest Lacking; Charges Dismissed

2016-0575
Judge Traci DiMezza

Supreme Court, Kings County, Part 90

Davidkin v. Rizzuto, 502047/2014

Injury Claim Accruing After Filing Bankruptcy Petition Property of Debtor, Not Estate

502047/2014
Justice Edgar Walker

Appellate Term, 2nd, 11th & 13th Judicial Districts

The People v. Barkley, 2013-2162 RI CR

Judgment of Conviction for Criminal Possession of Marijuana, Weapon Reversed

2013-2162 RI CR
Before: Weston, J.P., Aliotta and Elliot, JJ.

Supreme Court, New York County, Part 82R

YST v. JAC

Inmate's Oath in Divorce Matter Administered By Penal Institution Clerk Proper, Acceptable

[Index Number Redacted by Court]
Special Referee Jeffrey A. Helewitz

New York State, Court of Appeals

People v. Fernando Maldonado, No. 12

No. 12
Chief Judge DiFiore and Judges Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Rivera concurs in the result. Judge Wilson took no part.

New York State, Court of Appeals

People v. Darren Staton, No. 68

No. 68 SSM 42
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

New York State, Court of Appeals

In the Matter of County of Broome v. Shah, No. 69

No. 69 SSM 43
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Garcia and Wilson concur. Judges Stein and Fahey took no part.

New York State, Court of Appeals

People v. Hao Lin, No. 10

No. 10
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Fahey and Garcia concur. Judge Wilson took no part.

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

In the Matter of Robert P. Apple, an attorney and counselor-at-law. (Attorney Registration No. 1908193), 2015-04769

2015-04769
Before: Randall T. Eng, P.J., Reinaldo E. Rivera, Mark C. Dillon, Ruth C. Balkin, Hector D. Lasalle, JJ.

U.S. District Court, Western District

Center For Bio-Ethical Reform v. Black, 13-CV-581-A

Anti-Abortion Group's Claims Its Rights Were Violated on SUNY Campus Can Proceed

13-CV-581-A
District Judge Richard Arcara

Appellate Division, Second Department

Lucas v. Stam, 27364/08

Panel Says 'Drastic' Sanction Appropriate in MedMal Case

27364/08
Before: Hall, J.P., Austin, Roman, Barros, JJ.

U.S. Court of Appeals, Second Circuit

United States v. Carlo Marinello, 15-2224

Man Fighting Tax Conviction Denied En Banc Rehearing

15-2224
Before: Katzmann, C.J., Jacobs, Cabranes, Pooler, Raggi, Hall, Livingston, Chin, Lohier, Jr., Carney, Droney, C.JJ.

U.S. District Court, Western District

Todie v. Buffalo Half-Way House, Inc., 1:16-cv-307

Half-Way House Resident's §1983, 'Bivens' Claims Time-Barred; House Not State Actor

1:16-cv-307
District Judge Michael Telesca

U.S. District Court, Western District

Center For Bio-Ethical Reform, Inc. v. Black, 13-CV-581

§1983 Free Speech, Equal Protection Claims Stated in Suit Over Block of Anti-Abortion Murals

13-CV-581
District Judge Richard Arcara

U.S. District Court, Eastern District

New York Packaging II, LLC v. Saneck International, 1:16-cv-03383

Trade Secret Theft Action Dismissed in Favor Of Pending Ohio Suit Under 'First-Filed' Rule

1:16-cv-03383
District Judge Edward Korman

U.S. District Court, Southern District

Drabek v. Elsevier, Inc., 16cv6786

All But $3,000 of Damages Fail as Matter Of Law; Jurisdictional Threshold Not Met

16cv6786
District Judge Denise Cote

U.S. Court of Appeals, Second Circuit

In Re Actos End-Payor Antitrust Litigation, 15-3364

Drug Maker's Delayed Market Entry Alleged But Action's Dismissal Otherwise Affirmed

15-3364
Before: Jacobs and Livingston, C.JJ., and Rakoff, D.J.1

Supreme Court, Suffolk Court, I.A.S. Part 10

Rodriguez v. Sachem Cent. Sch. Dist., 13-10610

School District Shows Infant's Injury Not Proximately Caused by Its Negligence

13-10610
Justice Joseph Santorelli

Supreme Court, Suffolk County, I.A.S. Part 40

Shildkret v. Swimming Pools by Jack Anthony, Inc., 13-20929

Fact Issues on Pool's Post-Construction Problems Bars Summary Judgment on Liability

13-20929
Justice James Hudson

Supreme Court, Suffolk County, I.A.S. Part XXXVI

Dallo v. Team White Bldg. Servs., Ltd., 7142/12

Fact Issues if TWBS Entirely Displaced Other Defendants' Duties Bars Summary Judgment

7142/12
Justice Paul J. Baisley, Jr.

Supreme Court, Queens County, Part 37

Agurto v. Zadeff, 713230/2015

Prior Order Denying Dismissal of Complaint For Lack of Proper Service Law of The Case

713230/2015
Justice Salvatore J. Modica

Appellate Term, 9th & 10th Judicial Districts

The People v. Kahl, 2014-988 S CR

Convictions for Sexual Abuse, Forcible Touching Not Against Weight of Evidence, Affirmed

2014-988 S CR
Before: Marano, P.J., and Garguilo, J.

Supreme Court, New York County, Part 19

Taylor v. Park Ave. & 84th St., Inc., 651631/2010

Subcontractor Granted Dismissal of Claims Against it For Damages Resulting From Leak

651631/2010
Justice Kelly O'Neill Levy

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK, res-ap, v. ANDREA JULIO APPELLANTS-res

DEUTSCHE BANK, res-ap, v. ANDREA JULIO APPELLANTS-res — Separate applications by the appellants-respondents and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 4, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONNA TOLKOFF AS ADMINISTRATOR OF THE ESTATE OF JAYMEE TOLKOFF, ap, v. MARGARET M. GOLDSTEIN, AS ADMINISTRATOR OF THE ESTATE OF DAVID GOLDSTEIN res

DONNA TOLKOFF AS ADMINISTRATOR OF THE ESTATE OF JAYMEE TOLKOFF, ap, v. MARGARET M. GOLDSTEIN, AS ADMINISTRATOR OF THE ESTATE OF DAVID GOLDSTEIN res — Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated November 18, 2015, and five judgments of the same court entered January 15, 2016, February 18, 2016, February 23, 2016 (two judgments), and March 3, 2016, respectively, and to consolidate the appeals. Separate motion by the appellant to enlarge the time to perfect the appeal from the order dated November 18, 2015, and to vacate any dismissal of that appeal resulting from the failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal from the judgment entered January 15, 2016.


Miller, J.P.; Lasalle, Connolly and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ORDER ON APPLICATION TATYANA MORCHYK, ap, v. ACADIA 3780-3858 NOSTRAND AVENUE, LLC, res

ORDER ON APPLICATION TATYANA MORCHYK, ap, v. ACADIA 3780-3858 NOSTRAND AVENUE, 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, Kings County, dated July 22, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BARBARA LYNN MALENO, AN ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, PETITIONER; BARBARA LYNN MALENO, res

MATTER OF BARBARA LYNN MALENO, AN ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, PETITIONER; BARBARA LYNN MALENO, res — (ATTORNEY REGISTRATION NO. 2555068) — Motion by the Grievance Committee for the Tenth Judicial District, inter alia, (1) to suspend the respondent from the practice of law pending the consideration of charges of professional misconduct against her pursuant to former 22 NYCRR 691.4(l) (1)(i) and (iii), upon a finding that she is guilty of professional misconduct immediately threatening the public interest based upon her failure to cooperate with the lawful demands of the Grievance Committee, and other uncontroverted evidence of professional misconduct; and (2) to refer the issues raised to a Special Referee, to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 30, 1993.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

VFP INVESTMENTS I LLC, plf-ap, v. FOOT LOCKER, INC., def-res, KATHLEEN SMITH def

2817. VFP INVESTMENTS I LLC, plf-ap, v. FOOT LOCKER, INC., def-res, KATHLEEN SMITH def — Whiteford Taylor & Preston L.L.P., Baltimore, MD (William F. Ryan, Jr. of the bar of the State of Maryland, admitted pro hac vice, of counsel), for ap — Kelley Drye & Warren LLP, New York (John M. Callagy of counsel), for res — Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 26, 2015, which granted defendant Foot Locker, Inc.'s motion to dismiss the complaint as against it pursuant to CPLR 3211(a) (7), unanimously affirmed, without costs.

2817
Friedman, J.P., Renwick, Richter, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

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

3090. PEOPLE, res, v. DENNIS WILLIAMS, def-ap — Richard M. Greenberg, Office of The Appellate Defender, New York (Kerry S. Jamieson of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for res — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Maxwell Wiley, J.), rendered June 24, 2015,

3090
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE 86TH & 3RD OWNER, LLC, pet-ap, v. PERLBINDER HOLDINGS LLC res-res — Katsky Korins LLP, New York (Mark Walfish of counsel), for ap

3101N. IN RE 86TH & 3RD OWNER, LLC, pet-ap, v. PERLBINDER HOLDINGS LLC res-res — Katsky Korins LLP, New York (Mark Walfish of counsel), for ap — Kaufman Friedman Plotnicki & Grun, LLP, New York (Howard Grun of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered June 6, 2016, which denied petitioner's motion to stay arbitration, unanimously affirmed, with costs.

3101N
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VASSILIS PANAGOULOPOULOS ap, v. CARLOS ORTIZ, JR. MD, P.C. res

VASSILIS PANAGOULOPOULOS ap, v. CARLOS ORTIZ, JR. MD, P.C. res — Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Queens County, entered June 12, 2014, and July 8, 2014, respectively, which were 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.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ELYSIA R. M. (ANONYMOUS). NEW YORK FOUNDLING HOSPITAL, PETITIONER-res, SHAMAYA M. (ANONYMOUS), res-ap, ET AL., res

MATTER OF ELYSIA R. M. (ANONYMOUS). NEW YORK FOUNDLING HOSPITAL, PETITIONER-res, SHAMAYA M. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 1) — Appeal by Shamaya M. from an order of the Family Court, Richmond County, dated December 15, 2016. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ainslee Roth, Esq., dated February 1, 2017, it is


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD M. (ANONYMOUS). NEW YORK FOUNDLING HOSPITAL, PETITIONER-res, SHAMAYA M. (ANONYMOUS), res-ap, ET AL., res

MATTER OF RICHARD M. (ANONYMOUS). NEW YORK FOUNDLING HOSPITAL, PETITIONER-res, SHAMAYA M. (ANONYMOUS), res-ap, ET AL., res — (PROCEEDING NO. 2) — Appeal by Shamaya M. from an order of the Family Court, Richmond County, dated December 15, 2016. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ainslee Roth, Esq., dated February 1, 2017, it is


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AMINA ANNAN, ap, v. NEW YORK STATE OFFICE OF MENTAL HEALTH, res

AMINA ANNAN, ap, v. NEW YORK STATE OFFICE OF MENTAL HEALTH, res — (CLAIM NO. 120057) — 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 Court of Claims dated February 10, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SANTIAGO CALDERON, AS ADMINISTRATOR OF THE ESTATE OF EDGAR IVAN CALDERON CASTRO, ap, v. CARLOS CRUZATE res, ET AL., def

SANTIAGO CALDERON, AS ADMINISTRATOR OF THE ESTATE OF EDGAR IVAN CALDERON CASTRO, ap, v. CARLOS CRUZATE res, 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, Suffolk County, dated April 28, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FRANCISCO SALGADO, ETC. ap, v. NORTH SHORE UNIVERSITY HOSPITAL res

FRANCISCO SALGADO, ETC. ap, v. NORTH SHORE UNIVERSITY HOSPITAL 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, Westchester County, dated February 24, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHANEL CLAYTON, ap, v. DAMION LAWRENCE, res

MATTER OF CHANEL CLAYTON, ap, v. DAMION LAWRENCE, res — V-880-13/14D) — Appeal by Chanel Clayton from an order of the Supreme Court, Kings County (IDV Part), dated October 13, 2015. 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 ESTATE OF OSCAR STETTINER, DECEASED. INTERNATIONAL ART CENTER, pet-ap, v. THE ESTATE OF OSCAR STETTINER res-res

2364. IN RE ESTATE OF OSCAR STETTINER, DECEASED. INTERNATIONAL ART CENTER, pet-ap, v. THE ESTATE OF OSCAR STETTINER res-res — Aaron Richard Golub, Esquire, P.C., New York (Nehemiah S. Glanc of counsel), for ap — McCarthy Fingar LLP, White Plains (Phillip C. Landrigan of counsel), for res — Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered August 10, 2015, affirmed.

2364
Tom, J.P., Acosta, Andrias, Moskowitz, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANDREW DEVLIN, res, v. MERRY ERIKSSON, ap

MATTER OF ANDREW DEVLIN, res, v. MERRY ERIKSSON, ap — Appeal by Merry Eriksson from an order of the Family Court, Orange County, dated November 15, 2016. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Kelli M. O'Brien, Esq., dated February 8, 2017, it is


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, NA, res, v. JOSEPH P. LEONARDO ap, ET AL., def

WELLS FARGO BANK, NA, res, v. JOSEPH P. LEONARDO 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 appeals from two orders of the Supreme Court, Nassau County, entered November 30, 2015, and March 18, 2016, respectively.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

DALE CROOKE, plf-res, v. MICHAEL BONOFACIO def-ap

3103N. DALE CROOKE, plf-res, v. MICHAEL BONOFACIO def-ap — Gordon & Rees, Harrison (Allyson Avila of counsel), for ap — Block O'Toole & Murphy, New York (David L. Scher of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about July 15, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion to strike the answer of defendants Continuum Health Partners, Inc. and St. Luke's Roosevelt Hospital Center (collectively St. Luke's) to the extent of striking St. Luke's affirmative defense of justification, unanimously affirmed, without costs.

3103N
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, 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 respondents-appellants 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, Kings County, dated February 23, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. DOLORES L. GUAMAN, ap, ET AL., def

HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. DOLORES L. GUAMAN, 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 May 24, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. ANDREY IGNATYEV, def-ap

2666. PEOPLE, res, v. ANDREY IGNATYEV, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — Judgment, Supreme Court, New York County (Cassandra M. Mullen, J.), rendered September 4, 2013, as amended September 24, 2013, convicting defendant, after a jury trial, of criminal sexual act in the first degree and sexual abuse in the first degree, and sentencing him to an aggregate term of 15 years, unanimously affirmed.

2666
Tom, J.P., Richter, Saxe, Gische, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. FRANK POLANCOBATISTA, a/k/a FRANK BATISTA, ap

PEOPLE, ETC., res, v. FRANK POLANCOBATISTA, a/k/a FRANK BATISTA, 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, Westchester County, rendered August 5, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOSEPH MCDONALD, res, v. BOLLINGER FITNESS, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS; BRG SPORTS, INC. THIRD-PARTY DEFENDANTS-APPELLANTS-res

JOSEPH MCDONALD, res, v. BOLLINGER FITNESS, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS; BRG SPORTS, INC. THIRD-PARTY DEFENDANTS-APPELLANTS-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, Queens County, dated June 27, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JOE K. THOMAS res, v. SKYLINE HOMES ap

JOE K. THOMAS res, v. SKYLINE HOMES ap — Application by the respondents 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, Nassau County, dated April 19, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

HEZI TORATI plf-res, v. DANIEL HODAK, def-ap, JOHN DOE 1-100 def

3092. HEZI TORATI plf-res, v. DANIEL HODAK, def-ap, JOHN DOE 1-100 def — Ganfer & Shore LLP, New York (Ira Brad Matetsky of counsel), for ap — Edelstein & Grossman, New York (Jonathan I. Edelstein of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered September 22, 2015, which, insofar as appealed from, denied defendant Hodak's motion to dismiss the causes of action for libel and libel per se as against him pursuant to CPLR 3211(a) (1) and (7), unanimously modified, on the law, to grant the motion except as to the claims based on the Facebook message, and otherwise affirmed, without costs.

3092
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. MICHAEL VALENTIN, def-ap

3093. PEOPLE, res, v. MICHAEL VALENTIN, def-ap — Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for ap — Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered, October 8, 2015 unanimously affirmed.

3093
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res

3102N. MISHELLE YOUNG, ETC., plf-ap, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION def-res — Law Office of William A. Gallina, PLLC, Bronx (Frank V. Kelly of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Damion K. L. Stodola of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 23, 2015, which granted defendants' motion to dismiss the complaint for failure to file a notice of claim, unanimously modified, on the law, to deny so much of the motion as sought dismissal of the claims asserted against defendants Dr. Cornel Dumitriu and Dr. Amit Shah, and otherwise affirmed, without costs.

3102N
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BRYAN C. MURPHY, plf-res, v. TOWN OF OYSTER BAY, ap, STATE OF NEW YORK, DEFENDANT-RESPONDENT def

BRYAN C. MURPHY, plf-res, v. TOWN OF OYSTER BAY, ap, STATE OF NEW YORK, DEFENDANT-RESPONDENT def — 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, Nassau County, dated March 15, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEGGY A. PRUNTY res, v. LEONARD THOMAS PASTULA ap, ET AL., def

PEGGY A. PRUNTY res, v. LEONARD THOMAS PASTULA ap, ET AL., def — Application by the respondents 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, Suffolk County, dated March 17, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID SCOTT KLARMAN, AND ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, PETITIONER; DAVID SCOTT KLARMAN, res

MATTER OF DAVID SCOTT KLARMAN, AND ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, PETITIONER; DAVID SCOTT KLARMAN, res — (ATTORNEY REGISTRATION NO. 2374593) — Motion by the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law based on his conviction of a felony, specifically, mail fraud, in violation of 18 USC §1341. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 30, 1991.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE MERMAID MARINE, LTD., pet-ap, v. MARITIME CAPITAL MANAGEMENT PARTNERS, LTD., res-res

3084. IN RE MERMAID MARINE, LTD., pet-ap, v. MARITIME CAPITAL MANAGEMENT PARTNERS, LTD., res-res — Kennedy Lillis Schmidt & English, New York (Nathan T. Williams of counsel), for ap — Ceres Law PC, New York (Rudyard W. Ceres of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Carol Edmead, J.), entered November 6, 2015, which denied the petition for an order of attachment and an order compelling a representative of respondent to submit to a deposition, and dismissed the proceeding brought pursuant to CPLR article 75; and order, same court and Justice, entered October 30, 2015, which, upon reargument and renewal of the petition, adhered to the original determination, unanimously affirmed, without costs.

3084
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ZINA KOYTLAR AND BORIS KOYTLAR, IN THE RIGHT AND ON BEHALF OF SEAGATE MINI MALL, INC. plf-res, v. ALEKSANDR KHLEBOPROS, DEFENDANT THIRD-PARTY plf-ap, SEAGATE MINI MALL, INC. DEFENDANTS-res, IOSIF FELDSHEROV, THIRD-PARTY def-res

ZINA KOYTLAR AND BORIS KOYTLAR, IN THE RIGHT AND ON BEHALF OF SEAGATE MINI MALL, INC. plf-res, v. ALEKSANDR KHLEBOPROS, DEFENDANT THIRD-PARTY plf-ap, SEAGATE MINI MALL, INC. DEFENDANTS-res, IOSIF FELDSHEROV, THIRD-PARTY def-res — 2016-07097


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THRIFTY OIL AND HEATING CO. res, v. SHAMEEM A. CHOWDHURY ap, ET AL., def

THRIFTY OIL AND HEATING CO. res, v. SHAMEEM A. CHOWDHURY ap, ET AL., def — (APPEAL NO. 1) THRIFTY OIL AND HEATING CO. PLAINTIFFSres, v. SHAMEEM A. CHOWDHURY, ap, DIN AL RASHID DEFENDANTS-res — (APPEAL NO. 2) — Application by the respondents Thrifty Oil and Heating Co. and Robert Thomas pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated December 18, 2015, and April 1, 2016, respectively.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

Index 1705/13A 2364 _________x IN RE ESTATE OF OSCAR STETTINER, Deceased. - - - - - International Art Center, Petitioner-Appellant, -against- The Estate of Oscar Stettiner, et al., Respondents-Respondents

Index 1705/13A 2364 _________x IN RE ESTATE OF OSCAR STETTINER, Deceased. - - - - - International Art Center, Petitioner-Appellant, -against- The Estate of Oscar Stettiner, et al., Respondents-Respondents. ________x Petitioner appeals from the order of the Surrogate's Court, New York County (Nora S. Anderson, S.), entered August 10, 2015, which dismissed the petition to revoke ancillary letters of administration issued to respondent George W. Gowen.


Tom, J.P., Acosta, Andrias, Moskowitz, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CATHERINE DICHIARO, res, v. MICHAEL DICHIARO ap, ET AL., def

CATHERINE DICHIARO, res, v. MICHAEL DICHIARO 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 May 16, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ORDER ON APPLICATION WACHOVIA MORTGAGE FSB, FORMERLY KNOWN AS WORLD SAVINGS BANK, FSB, res, v. JOHN v. MACWHINNIE, ETC., ap, ET AL., def

ORDER ON APPLICATION WACHOVIA MORTGAGE FSB, FORMERLY KNOWN AS WORLD SAVINGS BANK, FSB, res, v. JOHN v. MACWHINNIE, ETC., ap, ET AL., 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, Suffolk County, both dated April 27, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ERIN v. (ANONYMOUS), plf-ap, v. ROBERT v. (ANONYMOUS), res, GRANT v. (ANONYMOUS), NONPARTY-ap

ERIN v. (ANONYMOUS), plf-ap, v. ROBERT v. (ANONYMOUS), res, GRANT v. (ANONYMOUS), NONPARTY-ap — Appeals by Erin V. from two orders of the Supreme Court, Westchester County, dated February 29, 2016, and February 26, 2016, respectively. Separate appeal by Grant V. from the order 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 Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANTHONY SAMBULA, ap, v. NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM, res

MATTER OF ANTHONY SAMBULA, ap, v. NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM, 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 March 28, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JEROME A. MACK, ap

PEOPLE, ETC., res, v. JEROME A. MACK, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 1, 2015, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 16, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. JAIME DIAZ, ap

PEOPLE, res, v. JAIME DIAZ, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 11, 2016, as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Rivera, Dillon and Balkin, 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. The appellant'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


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., plf, v. AL FOGEL, def

PEOPLE, ETC., plf, v. AL FOGEL, 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 Supreme Court, Queens County, dated October 19, 2016, which has been referred to me for determination.


Rivera, J.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res

3088-3089. JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res — David S. Kritzer & Associates, P.C., Smithtown (David S. Kritzer of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Victor Cesar Gonzalez-Vargas, res — Maroney O'Connor LLP, New York (Ross T. Herman of counsel), for Juan R. Hernandez, res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 14, 2015, which granted defendants' separate motions for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motions to the extent they sought dismissal of plaintiff's claims that she suffered serious injuries involving two ribs, her cervical spine and her lumbar spine, and otherwise affirmed, without costs. Order, same court and Justice, entered March 2, 2016, which, to the extent appealed from, denied plaintiff's motion to renew, unanimously affirmed, without costs.

3088-3089
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ORDER ON APPLICATION METLIFE HOME LOANS, res, v. DAVID FRIED, APPELLANT def

ORDER ON APPLICATION METLIFE HOME LOANS, res, v. DAVID FRIED, 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 January 12, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

RICH INTERNATIONAL GROUP CORP., plf-res, v. SOLEIL CAPITALE CORPORATION, def-ap

2902. RICH INTERNATIONAL GROUP CORP., plf-res, v. SOLEIL CAPITALE CORPORATION, def-ap — Peyrot & Associates, P.C., New York (David C. Van Leeuwen of counsel), for ap — The Law Office of Sidney Baumgarten, New York (Sidney Baumgarten of counsel), for res — Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered August 23, 2016, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

2902
Friedman, J.P., Richter, Saxe, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LUCIA QUINONES, ETC. ap, v. CITY OF NEW YORK res

MATTER OF LUCIA QUINONES, ETC. ap, v. CITY OF NEW YORK res — Application by the respondents 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 June 6, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. FRANK WHITE, JR., ap

PEOPLE, ETC., res, v. FRANK WHITE, JR., 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

CHAD E. BRACKENRIDGE, plf-res, v. VERIZON NEW YORK, INC. ap, NOEL A. MCDONALD def-res

CHAD E. BRACKENRIDGE, plf-res, v. VERIZON NEW YORK, INC. ap, NOEL A. MCDONALD def-res — Application by the plaintiff-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 September 16, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. FRANK PAGAN, def-ap

3083. PEOPLE, res, v. FRANK PAGAN, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Charity L. Brady of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Natalia Bedoya McGinn of counsel), for res — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Marcy L. Kahn, J.), rendered July 15, 2015,

3083
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, ORDER ON APPLICATION v. CARLTON MURRAY, ap

PEOPLE, ETC., res, ORDER ON APPLICATION v. CARLTON MURRAY, 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 two judgments of the Supreme Court, Queens County, both rendered January 12, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NOELLE FELDMAN, res, v. WILLIAM KNACK, ap

NOELLE FELDMAN, res, v. WILLIAM KNACK, 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, Westchester County, dated September 20, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MIKE TAI NERO, ap, v. LAURA FIORE, res

MIKE TAI NERO, ap, v. LAURA FIORE, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., plf, v. CHRISTOPHER CHARLTON, def

PEOPLE, ETC., plf, v. CHRISTOPHER CHARLTON, 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 Supreme Court, Kings County, dated August 19, 2016, which has been referred to me for determination.


Rivera, J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ANTONIO CHRISTIAN, ap

PEOPLE, ETC., res, v. ANTONIO CHRISTIAN, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 1, 2016, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 23, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

STEVEN B. COTTLER, ADMITTED AS STEVEN BRUCE COTTLER, AN ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, PETITIONER; STEVEN B. COTTLER, res

MATTER OF STEVEN B. COTTLER, ADMITTED AS STEVEN BRUCE COTTLER, AN ATTORNEY AND COUNSELOR-AT-LAW. GRIEVANCE COMMITTEE FOR THE NINTH JUDICIAL DISTRICT, PETITIONER; STEVEN B. COTTLER, res — (ATTORNEY REGISTRATION NO. 2112761) — Motion by the Grievance Committee for the Ninth Judicial District, inter alia: (1) to suspend the respondent from the practice of law, pursuant to former 22 NYCRR 691.4(l) (1)(i) and (iii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a verified petition dated July 14, 2016; and (3) to refer the issues raised to a Special Referee, to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 22, 1987, under the name Steven Bruce Cottler.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PDL BIOPHARMA, INC., plf-res, v. SAMUEL J. WOHLSTADTER def-ap

2940. PDL BIOPHARMA, INC., plf-res, v. SAMUEL J. WOHLSTADTER def-ap — Arnold & Porter Kaye Scholer LLP, New York (James M. Catterson of counsel), for ap — Gibson, Dunn & Crutcher LLP, New York (Robert L. Weigel of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 29, 2016, which granted plaintiff's motion for summary judgment in lieu of complaint on liability pursuant to CPLR 3213 and denied, defendants' cross motion for summary judgment, unanimously modified, on the law, plaintiff's CPLR 3213 motion denied, and the matter remanded to be converted to a plenary action, and otherwise affirmed, without costs.

2940
Friedman, J.P., Renwick, Saxe, Gische, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KERI GIBSON, ap, v. MATTHEW GREENE, res

MATTER OF KERI GIBSON, ap, v. MATTHEW GREENE, res — Appeal by Keri Gibson from an order of the Family Court, Kings County, dated April 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 Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE THE STATE OF NEW YORK, 3087pet-res, v. C.B., res-res

3086-. IN RE THE STATE OF NEW YORK, 3087pet-res, v. C.B., res-res — Carol L. Kahn, New York, for ap — Eric T. Schneiderman, Attorney General, New York (Seth M. Rokosky of counsel), for res — Order, Supreme Court, Bronx County (Michael A. Gross, J.), entered May 22, 2015, which denied respondent C.B.'s (respondent) pro se motion to vacate an order, same court (Dineen A. Riviezzo, J.), entered August 24, 2009, which, upon a jury finding of mental abnormality, and a determination made after a dispositional hearing that respondent is a dangerous sex offender requiring confinement, committed respondent to a secure facility, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 18, 2015, which, upon reargument of the motion to vacate, adhered to the original determination, unanimously dismissed, without costs, as academic.

3086
Tom, J.P., Sweeny, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. DANIEL DELANCEY, ap

PEOPLE, res, v. DANIEL DELANCEY, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated September 21, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. STEVEN B., def-ap

2834. PEOPLE, res, v. STEVEN B., def-ap — Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for res — Judgment, Supreme Court, New York County (Neil E. Ross, J. at plea and sentencing), rendered June 26, 2015, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to an indeterminate prison term of 1 1/3 to 4 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender and reducing the sentence to a term of 6 months incarceration and 5 years' probation, with the condition that defendant participate in a mental health and substance abuse program under the direction of the Probation Department, and otherwise affirmed.

2834
Sweeny, J.P., Renwick, Andrias, Kahn, Gesmer, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEAN A. BAILEY, ap, v. N.C. VITRANO, JR. res

DEAN A. BAILEY, ap, v. N.C. VITRANO, JR. 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, Kings County, dated June 24, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. MICHAEL COLE ap, ET AL., def

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. MICHAEL COLE 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, Queens County, entered June 22, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., plf, v. ANTHONY SAMEDI, def

PEOPLE, ETC., plf, v. ANTHONY SAMEDI, 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 Supreme Court, Queens County, dated July 25, 2016, which has been referred to me for determination.


Rivera, J.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

LANDMARK VENTURES, INC., plf-ap, v. DORON BIRGER, def-res

3081. LANDMARK VENTURES, INC., plf-ap, v. DORON BIRGER, def-res — McCabe & Flynn LLP, Rockville Centre (William B. Flynn of counsel), for ap — Beys Liston Mobargha & Berland LLP, New York (Nader Mobargha of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 20, 2015, dismissing the amended verified complaint, unanimously affirmed, with costs.

3081
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. DWAYNE WEBB, a/k/a LATIF LAMAR, ap

PEOPLE, res, v. DWAYNE WEBB, a/k/a LATIF LAMAR, ap — Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Rockland County, dated March 14, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PIERRE EMMANUEL LEANDRE, VOLUNTARY RESIGNOR. (ATTORNEY REGISTRATION NO. 5017488)

MATTER OF PIERRE EMMANUEL LEANDRE, VOLUNTARY RESIGNOR. (ATTORNEY REGISTRATION NO. 5017488) — Motion by Pierre Emmanuel Leandre for reinstatement to the Bar as an attorney and counselor-atlaw. Mr. Leandre was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 6, 2012. By decision and order of this Court dated September 22, 2016, his application for voluntary resignation was accepted and his name was removed from the roll of attorneys and counselors-at-law.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVE SHOSTACK, ap, v. STATE OF NEW YORK, res

DAVE SHOSTACK, ap, v. STATE OF NEW YORK, res — (CLAIM NO. 121130-A) — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to perfect an appeal from an order of the Court of Claims, dated June 15, 2016.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

First Judicial Department, Appellate Division

THE COURT ANNOUNCES THE FOLLOWING MOTION ORDERS February 14, 2017

M-6245 PEOPLE, Respondent, -against- David Soto,Defendant-Appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GREGORIO PAEZ, ap, v. MICHAEL J. OSBORNE, res

GREGORIO PAEZ, ap, v. MICHAEL J. OSBORNE, 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, Suffolk County, dated June 23, 2016.


Rivera, J.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GLORIA RIORDAN, res, v. STEVEN RIORDAN, ap

MATTER OF GLORIA RIORDAN, res, v. STEVEN RIORDAN, ap — Appeal by Steven Riordan from an order of the Family Court, Queens County, dated June 15, 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 Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ORDER ON APPLICATION MATTER OF MICHAEL DOLAN, res, v. NEW HYDE PARK FIRE DEPARTMANT ap

ORDER ON APPLICATION MATTER OF MICHAEL DOLAN, res, v. NEW HYDE PARK FIRE DEPARTMANT 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, Nassau County, dated July 12, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PATTIE LATIF, 3100Nplf-ap, v. EUGENE SMILOVIC HOUSING DEVELOPMENT FUND CO., INC., def-res

3099-. PATTIE LATIF, 3100Nplf-ap, v. EUGENE SMILOVIC HOUSING DEVELOPMENT FUND CO., INC., def-res — Spiegel & Barbato, LLP, Bronx (Stephen A. Iannacone of counsel), for ap — Burke, Conway, Loccisano & Dillon, White Plains (Marc Stiefeld of counsel), for res — Order, Supreme Court, Bronx County (Wilma Guzman, J., entered July 10, 2014, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied. Appeal from order, same court and Justice, entered August 21, 2015, which, to the extent appealable, denied plaintiff's motion to renew, unanimously dismissed, without costs, as academic.

3099
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, 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.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RONALD MUNNERLYN, ap, v. NEW YORK CITY POLICE DEPARTMENT, res

MATTER OF RONALD MUNNERLYN, ap, v. NEW YORK CITY POLICE DEPARTMENT, 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 November 30, 2015.


Eng, P.J.; Mastro, Rivera, Dillon and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. RONALD JOHNSON, ap

PEOPLE, ETC., res, v. RONALD JOHNSON, 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, Kings County, rendered October 31, 2014.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHERRY ALAYOS, a/k/a SHELBY MILLER, ap, v. NEW YORK CITY OFFICE OF CHILD SUPPORT COLLECTIONS ENFORCEMENT res

MATTER OF SHERRY ALAYOS, a/k/a SHELBY MILLER, ap, v. NEW YORK CITY OFFICE OF CHILD SUPPORT COLLECTIONS ENFORCEMENT 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, dated April 29, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ORDER ON APPLICATION JOHN DOWLING, ap, v. TERRACE CITY LODGE 1499 IBPOE, res

ORDER ON APPLICATION JOHN DOWLING, ap, v. TERRACE CITY LODGE 1499 IBPOE, res — 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, Westchester County, dated July 11, 2016.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

KAREN GROSS Plaintiffs-res-ap, v. MARVIN NEIMAN Defendants-Appellants-res, M&T BANK, def-res, WEST 159TH STREET ASSOCIATES, def

3096-3097-3098. KAREN GROSS Plaintiffs-res-ap, v. MARVIN NEIMAN Defendants-Appellants-res, M&T BANK, def-res, WEST 159TH STREET ASSOCIATES, def — Neiman & Mairanz P.C., New York (Marvin Neiman of counsel), for appellants-res — Asher Fensterheim PLLC, White Plains (Kelly Paul Peters of counsel), for respondents-ap — Loeb & Loeb, LLP, New York (Jon Hollis of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered May 6, 2015, which granted defendants Marvin Neiman, Gracon Associates (Gracon), Gracon Properties LLC (Properties), and Concourse Rehabilitation & Nursing Center, Inc.'s (collectively, the Gracon defendants) motion to dismiss the first, second, and fifth causes of action in the original complaint, denied their motion to vacate the notice of pendency, and granted plaintiffs' request to amend the caption to add Gracon Holdings LLC (Holdings) as a defendant, unanimously modified, on the law, to vacate the notice of pendency, and otherwise affirmed, without costs. Order, same court and Justice, entered October 16, 2015, as amended by order entered November 2, 2015, which, to the extent appealed from as limited by the briefs, denied the Gracon defendants' motions to vacate the notice of pendency and to dismiss the first, second, and fifth causes of action in the amended complaint, and granted defendant M&T Bank's motion to dismiss the complaint as against it, unanimously modified, on the law, to grant the Gracon defendants' motions, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint as against M&T Bank.

3096-3097-3098
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOSEPH CASABLANCA, ap

PEOPLE, ETC., res, v. JOSEPH CASABLANCA, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Rockland County, rendered April 26, 2016, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 1, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., ap, ORDER ON APPLICATION v. THOMAS STURGES, res

PEOPLE, ETC., ap, ORDER ON APPLICATION v. THOMAS STURGES, 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, Kings County, dated February 11, 2016, and May 27, 2016, respectively.


Leventhal, J.P.; Maltese, Duffy and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

EMILIO BAGNOLI plf-res, v. 3GR/228 LLC def-ap

3094. EMILIO BAGNOLI plf-res, v. 3GR/228 LLC def-ap — Mauro Lilling Naparty, LLP, Woodbury (Catherine R. Everett of counsel), for ap — Trolman, Glaser & Lichtman, P.C., New York (Tina M. Wells of counsel), for res — Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about July 11, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

3094
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Seagate Mini Mall, Inc. respondents, v Aleksandr Khlebopros, appellant

Seagate Mini Mall, Inc. respondents, v Aleksandr Khlebopros, appellant. (Index No. 502167/16)


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

HEZI TORATI plf-res, v. VEEDA VAHABZADEH, def-ap

3091. HEZI TORATI plf-res, v. VEEDA VAHABZADEH, def-ap — An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about July 11, 2014,

3091
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JAMEL CLARK, ap

PEOPLE, ETC., res, v. JAMEL CLARK, ap — Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2014, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated December 12, 2016, the 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 the appellant had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. RAFAEL JIMINEZ, def-ap

3079. PEOPLE, res, v. RAFAEL JIMINEZ, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgment, Supreme Court, New York County (Bonnie G. Wittner, J. at hearing; Daniel P. FitzGerald, J. at jury trial and sentencing), rendered May 3, 2013, convicting defendant of three counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.

3079
Tom, J.P., Sweeny, Renwick, Moskowitz, Kapnick, JJ.

Civil Court, Kings County, Housing Part S

The Estate of Winston Lawrence, Petitioner v. Aurille Moore, 450 East 48th Street, Apt. 3F, Brooklyn, New York 11203, Respondent N.Y.C.H.A., John Doe, Jane Doe, Respondents, 60128/16

Two Prior Non-Payment Proceedings Against Section 8 Rent-Stabilized Tenant Insufficient to State Cause of Action for 'History' of Rent Delinquency Breaching Substantial Obligation of Tenancy

60128/16
Judge Howard J. Baum

Appellate Division, First Department

National Restaurant Association v. New York City Department of Health & Mental Hygiene, 654024/15

Panel OKs Rule Requiring Salt Content on Menus

654024/15
Before: Saxe, J.P., Moskowitz, Gische, Kahn, Gesmer, JJ.

Appellate Division, First Department

In re Estate of Oscar Stettiner, Deceased

Heir Takes Step Toward Recovery of Nazi-Looted Art

2364
Before: Tom, J.P., Acosta, Andrias, Moskowitz, Kahn, JJ.

New York State, Court of Appeals

Lend Lease v. Zurich American Insurance, No. 11

No. 11
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein 
and Garcia concur.

New York State, Court of Appeals

People v. Michael Pena, No. 14

No. 14
Chief Judge DiFiore and Judges Rivera, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Kevin Fisher, No. 15

No. 15
Chief Judge DiFiore and Judges Abdus-Salaam, Stein, 
Fahey and Garcia concur.

New York State, Court of Appeals

People v. Gregory Vining, No. 1

No. 1
Judges Stein, Fahey and Garcia concur. Judge Rivera dissents 
in an opinion in which Chief Judge DiFiore concurs.

New York State, Court of Appeals

Carol Artibee et al., Respondent v. Home Place Corporation, Appellant, No. 5

Artibee v. Home Place, No. 5

1986 Law Meant to Ease Insurance Crisis Still Protects NY From Shared Liability

No. 5
Chief Judge DiFiore and Judges Fahey and Garcia concur. 
Judge Abdus-Salaam dissents and votes to affirm 
in an opinion in which Judge Rivera concurs.

U.S. District Court, Western District

Accadia Site Contracting, Inc. v. Northwest Savings Bank, 1:14-cv-341

Issues Exist if Firm Received, on Notice of DAAD Absolving Bank of Liability in Forgery Action

1:14-cv-341
District Judge Michael Telesca

U.S. District Court, Western District

DeLorme v. Markwitz, 14-CV-6104

Additional Discovery Granted But Plaintiff's Counsel Must Pay Defense's Deposition Fees

14-CV-6104
District Judge Frank Geraci

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

ALEX AMIRKHANIAN, plf-ap, v. IDO BERNIKER def-res

3051-3052. ALEX AMIRKHANIAN, plf-ap, v. IDO BERNIKER def-res — Fox Rothschild LLP, New York (Daniel A. Schnapp of counsel), for ap — Rosenberg Fortuna & Laitman, LLP, Garden City (Anthony R. Filosa of counsel), for res — Judgment, Supreme Court, New York County (Shlomo Hagler, J.), entered August 18, 2016, dismissing the complaint pursuant to an order, same court and Justice, entered on or about June 1, 2016, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, without costs. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

3051-3052
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

STANLEY BLASOFF, plf-ap, ESTHER BLASOFF, PLAINTIFF, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def-res, THE CITY OF NEW YORK def

3069. STANLEY BLASOFF, plf-ap, ESTHER BLASOFF, PLAINTIFF, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def-res, THE CITY OF NEW YORK def — The Law Office of Avram E. Frisch LLC, New York (Avram E. Frisch of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Qian Julie Wang of counsel), for res — Judgment, Supreme Court, New York County (Frank P. Nervo, J.), entered April 30, 2015, dismissing the complaint as against defendant New York City Health and Hospitals Corporation (HHC) (sued herein as HHC and Bellevue Hospital Center), pursuant to an order, same court and Justice, entered April 1, 2015, which granted HHC's motion to dismiss the complaint as against it, unanimously affirmed, without costs.

3069
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

MALOU MANANGHAYA, AS ADMINISTRATRIX OF THE ESTATE OF TRISTAN MICHAEL MANANGHAYA PLAINTIFFS, v. BRONX-LEBANON HOSPITAL CENTER def

3078N. MALOU MANANGHAYA, AS ADMINISTRATRIX OF THE ESTATE OF TRISTAN MICHAEL MANANGHAYA PLAINTIFFS, v. BRONX-LEBANON HOSPITAL CENTER def — NAPOLI TRANSPORTATION, INC. DOING BUSINESS AS C&L TOWING SERVICES INC., Third-Party plf-ap, v. AGGREKO, LLC, Third-Party def-res — [AND ANOTHER THIRD PARTY ACTION] Koster, Brady & Nagler, LLP, New York (Matthew J. Koster of counsel), for ap — O'Connor Redd LLP, Port Chester (Hillary P. Kahan of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 19, 2015, which, insofar as appealed from, denied defendant/third-party plaintiff Napoli Transportation Inc.'s cross motion to compel third-party defendant Aggreko, LLC to respond to its discovery requests numbered 1-3, 5-9, 16-18, 20, 28-40, and 43-49, unanimously modified, on the facts and in the exercise of discretion, to grant the motion as to certain documents responsive to requests 8, 32, 37, 43, and 45, in accordance herewith, and otherwise affirmed, without costs.

3078N
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. FINNERTY, JAMES; THE PEOPLE v. FINNERTY, JAMES

2015-2725 W CR; 2015-2776 W CR. THE PEOPLE v. FINNERTY, JAMES; THE PEOPLE v. FINNERTY, JAMES — Motion by appellant, in effect, to consolidate the above-captioned appeals from judgments of conviction of the City Court of Yonkers, Westchester County, rendered November 17, 2015.

2015-2725 W CR; 2015-2776 W CR
: Garguilo, J.P., Marano, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. N. ALAN TOPOROVSKY, app

2014-2999 W CR. THE PEOPLE, res, v. N. ALAN TOPOROVSKY, app — Appeal from a judgment of the City Court of New Rochelle, Westchester County (Susan I. Kettner, J.), rendered November 24, 2014. The judgment convicted defendant, after a nonjury trial, of leaving the scene of an incident involving property damage without reporting.

2014-2999 W CR
: Tolbert, J.P., Iannacci and Brands, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TAMAR GERENDASH ap, v. CITY OF NEW YORK def, DIANE COSTELLO, res

TAMAR GERENDASH ap, v. CITY OF NEW YORK def, DIANE COSTELLO, 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 February 19, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

CAROLINE MARSHALL, plf-ap, v. DARRICK E. ANTELL, MD, P.C., ET AL., def-res

3064. CAROLINE MARSHALL, plf-ap, v. DARRICK E. ANTELL, MD, P.C., ET AL., def-res — The Orlow Firm, Flushing (Thomas P. Murphy of counsel), for ap — Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about February 29, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

3064
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Surrogate's Court, Richmond County

ESTATE OF KARL HALPERIN, Deceased

ESTATE OF KARL HALPERIN, Deceased (17/79) — Petitioner seeks probate of a propounded instrument, dated May 7, 2015, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to him.

17/79
Surrogate Gigante

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

FEDERAL NATIONAL MORTGAGE ASSOCIATION, ap, v. PAUL FISHBEIN, res, ET AL., def

FEDERAL NATIONAL MORTGAGE ASSOCIATION, ap, v. PAUL FISHBEIN, res, 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, Richmond County, dated April 26, 2016.


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

Appellate Term, Second Judicial Department

RENZLER v. FRAGUELA

2015-2398 D C. RENZLER v. FRAGUELA — Motion by appellant on an appeal from a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, for leave to reargue her prior motion to reinstate a stay pending the determination of the appeal, which prior motion was determined by decision and order on motion of this court dated October 5, 2016. Separate motion by respondent to vacate the stay. Separate motion by respondent to vacate the stay and dismiss the appeal for lack of prosecution. Cross motion by appellant for sanctions and, in effect, summary reversal.

2015-2398 D C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ERMARRINO, ROCCO R.

2016-382 S CR. THE PEOPLE v. ERMARRINO, ROCCO R. — 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 January 28, 2016, to compel the District Court to accept appellant's affidavit of errors as timely filed, and for an enlargement of time to perfect the appeal. In a supplemental affirmation, appellant's counsel advised this court that the District Court has now accepted the affidavit of errors as timely.

2016-382 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

SUPERIOR TECHNOLOGY SOLUTIONS, INC. plf-ap, v. DAVID ROZENHOLC, def-res — Solomon Zabrowsky, New York, for ap

3075. SUPERIOR TECHNOLOGY SOLUTIONS, INC. plf-ap, v. DAVID ROZENHOLC, def-res — Solomon Zabrowsky, New York, for ap — Furman Kornfeld & Brennan LLP, New York (Bain R. Loucks of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered October 7, 2015, which granted defendant David Rozhenholc's motion for summary judgment and dismissed the complaint against him for attorney malpractice, unanimously affirmed, without costs.

3075
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

RENZLER v. FRAGUELA

2015-2398 D C. RENZLER v. FRAGUELA — Motion by appellant on an appeal from a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, for leave to reargue her prior motion to reinstate a stay pending the determination of the appeal, which prior motion was determined by decision and order on motion of this court dated October 5, 2016. Separate motion by respondent to vacate the stay. Separate motion by respondent to vacate the stay and dismiss the appeal for lack of prosecution. Cross motion by appellant for sanctions and, in effect, summary reversal.

2015-2398 D C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

HEALING ART ACUPUNCTURE, P.C., A/A/O ANDRICKSON v. GEICO

2017-97 K C. HEALING ART ACUPUNCTURE, P.C., A/A/O ANDRICKSON v. GEICO — Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 23, 2015.

2017-97 K C
: Pesce, P.J. Aliotta Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. EDOUARD, JOHN

2016-3161 Q CR. THE PEOPLE v. EDOUARD, JOHN — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered October 28, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-3161 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Surrogate's Court, Richmond County

ESTATE OF ANN PROCESZYN, Deceased

ESTATE OF ANN PROCESZYN, Deceased (13/625/A) — This is an application to amend the Court's Decision dated September 5, 2016, and Order dated August 23,2016, which granted an application to compromise a personal injury cause of action. The petitioner, prior to distribution of the proceeds, pursuant to this Court's Decision and Order, became aware of a Medicaid lien. The proposed amendments would reflect payment of the discovered lien.

13/625/A
Surrogate Gigante

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. HOWARD SOWERS, def-ap

3070. PEOPLE, res, v. HOWARD SOWERS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer of counsel), for res — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Abraham Clott, J.), rendered April 9, 2015,

3070
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SANTIAGO, SANDY

2015-1932 Q CR. THE PEOPLE v. SANTIAGO, SANDY — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered July 17, 2015, in effect, 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.

2015-1932 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HENRY D. ZUPNICK, ap, v. CITY OF NEW ROCHELLE def, MATTHEW C. RIZZETTA res

HENRY D. ZUPNICK, ap, v. CITY OF NEW ROCHELLE def, MATTHEW C. RIZZETTA 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, Westchester County, dated May 16, 2016.


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

Appellate Term, Second Judicial Department

THE PEOPLE v. GARCIA, VICTOR

2016-3033 W CR. THE PEOPLE v. GARCIA, VICTOR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered September 26, 2016, as a poor person, and for the assignment of counsel.

2016-3033 W CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROCK OF SALVATION CHURCH, ap, v. VILLAGE OF SLEEPY HOLLOW PLANNING BOARD res

MATTER OF ROCK OF SALVATION CHURCH, ap, v. VILLAGE OF SLEEPY HOLLOW PLANNING BOARD 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, Westchester County, dated April 29, 2016.


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

Surrogate's Court, Richmond County

ESTATE OF JONATHAN LATTA, Deceased

ESTATE OF JONATHAN LATTA, Deceased (16/318/B) — In this contested estate proceeding, this Court by Order dated December 20, 2016 appointed Robert Farrell, Jr., Esq., as Guardian ad Litem on behalf of Jonathan A. Latta and Jessica Lynn Latta, infants.

16/318/B
Surrogate Gigante

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. KIMADA DIXSON, def-ap

3074. PEOPLE, res, v. KIMADA DIXSON, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for ap — KIMADA DIXSON, APPELLANT PRO SE. Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), for res — Judgment, Supreme Court, Bronx County (James M. Kindler, J.), rendered June 3, 2013, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.

3074
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Surrogate's Court, Queen's County

Ames, Jamie; Alexis, Jennifer; Bellasalmo, Bernice; Collins, Jacqueline; Cruz, Febres; Jones, Olga; Ha, Susana; Matovich, George; Novovic, Rama; Reena, Rang I.; Ribet, David; Speer, Richard; Tevere, Margaret; Ung, Angelica; Ung, Michelle; Whittle, Walter

Ames, Jamie; Alexis, Jennifer; Bellasalmo, Bernice; Collins, Jacqueline; Cruz, Febres; Jones, Olga; Ha, Susana; Matovich, George; Novovic, Rama; Reena, Rang I.; Ribet, David; Speer, Richard; Tevere, Margaret; Ung, Angelica; Ung, Michelle; Whittle, Walter — Decisions signed


Surrogate Kelly

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE KIARA B., pet-ap, v. OMAR R., res-res

3053. IN RE KIARA B., pet-ap, v. OMAR R., res-res — Tennille M. Tatum-Evans, New York, for ap — Order, Family Court, Bronx County (John J. Kelley, J.), entered on or about December 2, 2014, which denied the petition for a writ of habeas corpus directing respondent to produce the subject child, unanimously affirmed, without costs.

3053
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

U.S. District Court, Southern District

Choi v. Tower Research Capital LLC, 14 CV 9912

Korean Futures Contract Price Manipulation Suit Dismissed; Platform Not American Exchange

14 CV 9912
District Judge Kimba Wood

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. CLEVESTER HEMPHILL, def-ap

3057-3058. PEOPLE, res, v. CLEVESTER HEMPHILL, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for res — Judgment, Supreme Court, New York County (Wayne M. Ozzi, J. at jury trial and sentencing; Neil Ross, J. at resentencing), rendered July 12, 2010, as amended July 9, 2015, convicting defendant of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to concurrent terms of 7 years, unanimously affirmed.

3057-3058
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. POCRASS, SUSAN L.

2015-1860 RO CR. THE PEOPLE v. POCRASS, SUSAN L. — Appeal from a judgment of conviction of the Justice Court of the Village of Airmont, Rockland County, rendered April 16, 2015.

2015-1860 RO CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. ALFRED PETER DIORIO, Jr., app

2015-1168 W CR. THE PEOPLE, res, v. ALFRED PETER DIORIO, Jr., app — Appeal from a judgment of the City Court of Peekskill, Westchester County (Reginald J. Johnson, J.), rendered February 27, 2015. The judgment convicted defendant, after a nonjury trial, of violating City of Peekskill Code §485-6 (E). The court imposed a $100 fine.

2015-1168 W CR
: Tolbert, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. JOHN SANOK, res

2013-1525 OR CR. THE PEOPLE, app, v. JOHN SANOK, res — Appeal from an order of the Justice Court of the Village of Goshen, Orange County (Rory K. Brady, J.), rendered June 12, 2013. The order, insofar as appealed from as limited by the brief, upon, in effect, reargument, granted the branch of defendant's omnibus motion seeking to dismiss the accusatory instruments on the ground that defendant's statutory right to a speedy trial had been violated.

2013-1525 OR CR
: Iannacci, J.P., Marano and Tolbert, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, N.A., res, v. NATASHA BENNETT, ap, ET AL., def

WELLS FARGO BANK, N.A., res, v. NATASHA BENNETT, 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, Nassau County, dated May 19, 2016.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PEOPLE, res, v. JAYSEN DORSEY, def-ap

3063. PEOPLE, res, v. JAYSEN DORSEY, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Kate Mollison of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Rebecca Hausner of counsel), for res — An appeal having been taken to this Court by the abovenamed appellant from a judgment of the Supreme Court, New York County (Laura A. Ward, J.), rendered March 20, 2014,

3063
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap

2751. ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap — Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for ap — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered April 19, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

2751
Sweeny, J.P., Renwick, Mazzarelli, Manzanet-Daniels, Feinman, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE CAYRA M., pet-res, v. FOTIS B., res-res

3065-3066. IN RE CAYRA M., pet-res, v. FOTIS B., res-res — Law Offices of Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Max O. McCann of counsel), for res — Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about May 14, 2014, which dismissed respondent's objection to an order of filiation entered on his default, unanimously affirmed, without costs. Order, same court and Judge, entered on or about July 23, 2015, which dismissed respondent's objection to the denial of his motion to vacate his default in the paternity proceeding, unanimously reversed, without costs, on the law, on the facts, and in the exercise of discretion, the order of filiation vacated, and the matter remanded for a paternity hearing.

3065-3066
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GRACEANN MOORE, ap, v. ROBERT BURNS, res

GRACEANN MOORE, ap, v. ROBERT BURNS, 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, Suffolk County, dated July 22, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THOMAS ANTHONY SIRIANNI, A SUSPENDED ATTORNEY. (ATTORNEY REGISTRATION NO. 2954154)

MATTER OF THOMAS ANTHONY SIRIANNI, A SUSPENDED ATTORNEY. (ATTORNEY REGISTRATION NO. 2954154) — Motion by Thomas Anthony Sirianni for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Sirianni was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 14, 1999. By decision and order on motion of this Court dated May 15, 2012, as amended May 17, 2012, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Sirianni for acts of professional misconduct set forth in a verified petition dated February 28, 2012, and the issues were referred to the Honorable Georgia Tschiember, as Special Referee, to hear and report. By opinion and order of this Court dated September 10, 2014, as amended October 27, 2014, Mr. Sirianni was suspended from the practice of law for a period of two years, commencing October 28, 2014, based on nine charges of professional misconduct.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BRIAN FAY CONSTRUCTION, INC., plf-res, v. MORSTAN GENERAL AGENCY, INC. DEFENDANTS-res, J.P. SPANO & COMPANY, INC., NONPARTY-ap

BRIAN FAY CONSTRUCTION, INC., plf-res, v. MORSTAN GENERAL AGENCY, INC. DEFENDANTS-res, J.P. SPANO & COMPANY, INC., NONPARTY-ap — Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d) (2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 2016.


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

Appellate Term, Second Judicial Department

PRIMOVA v. MCSHUR

2016-1753 K C; 2017-171 K C. PRIMOVA v. MCSHUR — On the court's own motion, it is

2016-1753 K C; 2017-171 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Surrogate's Court, Richmond County

ESTATE OF CONSTANCE SCHINESTUHL, Deceased

ESTATE OF CONSTANCE SCHINESTUHL, Deceased (16/151/A) — The limited and restricted administratrix of this estate has moved to modify the limitations contained in the Limited and Restricted Letters of Administration issued by this Court on February 22, 2016 so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.

16/151/A
Surrogate Gigante

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

ZBIGNIEW RUCINSKI plf-res, v. MORE RESTORATION CO. INC. def, KRAUS MANAGEMENT, INC. def-ap

3076N. ZBIGNIEW RUCINSKI plf-res, v. MORE RESTORATION CO. INC. def, KRAUS MANAGEMENT, INC. def-ap — [AND SIX THIRD-PARTY ACTIONS] Lester Schwab Katz & Dwyer, LLP, New York (Stewart G. Milch of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 6, 2016, which, to the extent appealed from, denied the motion of defendants Kraus Management, Inc. and Franklin Kite Housing Development Fund Corporation (hereinafter, defendants) to the extent it sought an order compelling plaintiffs to provide HIPAA-compliant Arons authorizations for certain medical personnel who authored reports containing statements concerning how the accident occurred, or so-ordering proposed subpoenas addressed to those medical professionals for depositions limited to that topic, unanimously affirmed, to the extent it denied the motion to compel plaintiffs to provide authorizations, and the appeal therefrom otherwise dismissed, as premature, without costs.

3076N
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

R.F. SCHIFFMANN ASSOCIATES, INC., ET AL., plf-ap, v. BAKER & DANIELS LLP def-res

3072-3073. R.F. SCHIFFMANN ASSOCIATES, INC., ET AL., plf-ap, v. BAKER & DANIELS LLP def-res — Carey & Associates LLC, New York (Michael Q. Carey of counsel), for ap — Borg Law LLP, New York (Jonathan M. Borg of counsel), for res — Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about December 2, 2015, which, to the extent appealed from, dismissed plaintiffs' breach of contract claim, declined to award late fees, and dismissed all claims as against defendant Weaver Popcorn Company, unanimously modified, on the law and the facts, to award late fees to the extent indicated in this decision, and otherwise affirmed, without costs. Order, same court and Justice, entered May 26, 2016, which awarded plaintiffs $82,202.58, representing principal in the sum of $48,220, plus prejudgment interest at the rate of 9 percent from February 1, 2004 through December 13, 2012, less costs, as against defendant Baker & Daniels LLP, unanimously modified, on the law and the facts, to award interest at 18 percent instead of 9 percent, and otherwise affirmed, without costs.

3072-3073
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. EZRA

2016-2890 N C. THE PEOPLE v. EZRA — Motion by defendant for leave to appeal to this court from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency, entered November 15, 2016, which has been referred to me for determination.

2016-2890 N C
: Marano, P.J.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

Index 654024/15 National Restaurant Association, Plaintiff-Appellant, -against- The New York City Department of Health & Mental Hygiene, et al., Defendants-Respondents

2629 Index 654024/15 National Restaurant Association, Plaintiff-Appellant, -against- The New York City Department of Health & Mental Hygiene, et al., Defendants-Respondents,

2629
Saxe, J.P., Moskowitz, Gische, Kahn, Gesmer, JJ.

Appellate Term, Second Judicial Department

WANRONG ZHAI v. AMSTER

2016-2857 N C. WANRONG ZHAI v. AMSTER — Motion by appellant Jeffrey Amster, in effect, for summary reversal of an order of the District Court of Nassau County, First District, entered November 18, 2016, or, in the alternative, for a stay pending the determination of an appeal therefrom.

2016-2857 N C
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

PABLO ESCOBAR, plf-ap, -AGAINST— 271. MULBERRY STREET COMPANY, LLC, ET AL., def, 285. LAFAYETTE STREET CONDOMINIUM, ET AL., def-res

2725. PABLO ESCOBAR, plf-ap, -AGAINST— 271. MULBERRY STREET COMPANY, LLC, ET AL., def, 285. LAFAYETTE STREET CONDOMINIUM, ET AL., def-res — [AND A THIRD-PARTY ACTION] __ Gorayeb & Associates, P.C., New York (John M. Shaw of counsel), for ap — MCMAHON, MARTINE & GALLAGHER, LLP, BROOKLYN (PATRICK W. BROPHY of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 17, 2015, which denied plaintiff's motion for partial summary judgment as to liability on his Labor Law §240(1) claim, unanimously affirmed, without costs.

2725
Sweeny, J.P., Renwick, Mazzarelli, Manzanet-Daniels, Feinman, JJ.

Appellate Term, Second Judicial Department

WAND & GOODY, LLP v. NILSSON

2016-264 S C. WAND & GOODY, LLP v. NILSSON — Motion by appellant for leave to withdraw an appeal from an order of the District Court of Suffolk County, Third District, entered December 2, 2015, and for an award of costs in the sum of $45.

2016-264 S C
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. VENTURA, RICKY NELSON; THE PEOPLE v. VENTURA, MARK HAMILTON

2016-1640 P CR; 2016-1641 P CR. THE PEOPLE v. VENTURA, RICKY NELSON; THE PEOPLE v. VENTURA, MARK HAMILTON — Motion by appellants to consolidate the abovecaptioned appeals from judgments of conviction of the Justice Court of the Town of Philipstown, Putnam County, rendered May 25, 2016.

2016-1640 P CR; 2016-1641 P CR
: Garguilo, J.P., Marano, Brands, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

DANIEL CHAMBERS, plf-ap, v. THE CITY OF NEW YORK def-res, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., def

2719-2720-2721. DANIEL CHAMBERS, plf-ap, v. THE CITY OF NEW YORK def-res, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., def — Michael Gunzburg, P.C., New York (Michael Gunzburg of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for res — Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered August 6, 2015, which recalled and vacated a prior order, same court and Justice, entered April 23, 2015, denying the City defendants' motion for summary judgment and plaintiff's cross motion for partial summary judgment on liability, and, upon recall and vacatur, restored the motion and cross motion, unanimously affirmed, without costs. Order, same court and Justice, entered May 12, 2015, which granted the City defendants' motion for summary judgment and denied plaintiff's cross motion for partial summary judgment, unanimously affirmed, without costs. Order, same court and Justice, entered October 20, 2015, which denied plaintiff's motion to vacate the orders entered May 12, 2015 and August 6, 2015, unanimously affirmed, without costs.

2719-2720-2721
Andrias, J.P., Moskowitz, Kapnick, Webber, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

SMART TRIKE, MNF, PTE, LTD., Plaintiff-res-ap, v. PIERMONT PRODUCTS, LLC, FORMERLY KNOWN AS SMART TRIKE, LLC, Defendant-Appellant-res, ROBERT KRAMER def

3061-3062-3062A. SMART TRIKE, MNF, PTE, LTD., Plaintiff-res-ap, v. PIERMONT PRODUCTS, LLC, FORMERLY KNOWN AS SMART TRIKE, LLC, Defendant-Appellant-res, ROBERT KRAMER def — Rand Rosenzweig Radley & Gordon LLP, White Plains (Charles L. Rosenzweig of counsel), for appellant-res — Lowenstein Sandler LLP, New York (Jeffrey J. Wild of counsel), for res-res — Appeals from order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 12, 2014, and order, same court and Justice, entered October 16, 2015, as supplemented by order entered on or about January 29, 2016, deemed appeals from judgment, same court and Justice, entered July 12, 2016, in plaintiff's favor (CPLR 5501[c]), and, so considered, said judgment unanimously affirmed, with costs.

3061-3062-3062A
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GLORIA LANDOW, ap, v. ATLANTIC PROPERTY, LLC, res

GLORIA LANDOW, ap, v. ATLANTIC PROPERTY, 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, Suffolk County, dated May 31, 2016.


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

Appellate Term, Second Judicial Department

133 PLUS 24 STANFORD AVE. REALTY CORP. v. XIU LAN BNI

2016-1666 Q C. 133 PLUS 24 STANFORD AVE. REALTY CORP. v. XIU LAN BNI — Motion by respondent to strike the appellant's brief on appeals from a decision of the Civil Court of the City of New York, Queens County, dated February 10, 2016, and from a final judgment of the same court entered February 11, 2016, or, in the alternative, for an enlargement of time to serve and file a respondent's brief, and for leave to attach an addendum with exhibits to that brief.

2016-1666 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

REMEDIATION CAPITAL FUNDING LLC, plf-ap, v. PAUL J. NOTO, def-res, MICHAL ATTIA def

2456. REMEDIATION CAPITAL FUNDING LLC, plf-ap, v. PAUL J. NOTO, def-res, MICHAL ATTIA def — Sinnreich Kosakoff & Messina LLP, Central Islip (Jarrett M. Behar of counsel), for ap — Furman Kornfeld & Brennan LLP, New York (Andrew R. Jones of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered August 11, 2014, which granted the motion of defendant Paul J. Noto to dismiss the complaint as against him, and denied plaintiff's cross motion to amend the complaint, unanimously reversed, on the law, with costs, Noto's motion denied, and plaintiff's cross motion granted.

2456
Tom, J.P., Friedman, Saxe, Feinman, Kahn, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

GEOFFREY VARGA plf-ap, v. MCGRAW HILL FINANCIAL, INC. FORMERLY KNOWN AS THE MCGRAW-HILL COMPANIES, INC., ETC. def-res, BEAR STEARNS HIGH-GRADE STRUCTURED CREDIT STRATEGIES MASTER FUND LTD., ET AL., Nominal def

3067-3068. GEOFFREY VARGA plf-ap, v. MCGRAW HILL FINANCIAL, INC. FORMERLY KNOWN AS THE MCGRAW-HILL COMPANIES, INC., ETC. def-res, BEAR STEARNS HIGH-GRADE STRUCTURED CREDIT STRATEGIES MASTER FUND LTD., ET AL., Nominal def — Reed Smith LLP, New York (James C. Martin of the bar of the State of California and the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for ap — Cahill Gordon & Reindel LLP, New York (Charles A. Gilman of counsel), for res — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Martin Flumenbaum of counsel), for Fitch Group, Inc., Fitch Ratings, Inc., and Fitch Ratings Ltd., res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered August 4, 2015, which, inter alia, granted defendants McGraw Hill Financial, Inc., Standard & Poor's Financial Services LLC, Moody's Corporation, Moody's Investors Service Inc., Moody's Investors Service Limited, Fitch Group, Inc., Fitch Ratings, Inc. and Fitch Ratings Limited's (the rating agencies) motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered on or about January 13, 2016, which, upon renewal, adhered to the original determination, and denied the part of plaintiffs' motion seeking leave to amend the complaint, unanimously affirmed, without costs.

3067-3068
Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SARANT, JOEL

2016-2705 S CR. THE PEOPLE v. SARANT, JOEL — 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 September 12, 2016, and to stay the execution of the judgment of conviction and the suspension of defendant's motor vehicle operator's license.

2016-2705 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

IN RE AMY KHOUDARI pet-res, v. MARY TRAVIS BASSET, M.D., M.P.H., ETC., res-res

3060. IN RE AMY KHOUDARI pet-res, v. MARY TRAVIS BASSET, M.D., M.P.H., ETC., res-res — Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for ap — Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Virginia K. Trunkes of counsel), for res — Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered April 23, 2015, insofar as appealed from as limited by the briefs, directing that interest on a nuisance abatement charge tax lien on the subject real property would begin to accrue within 20 days of service of notice of entry of said judgment, unanimously reversed, on the law, without costs, the judgment vacated, the matter remanded to Supreme Court for imposition and calculation of interest accrued since imposition of the lien on September 27, 2004, and entry of judgment in favor of respondent accordingly.

3060
Sweeny, J.P., Mazzarelli, Manzanet-Daniels, Webber, JJ.

First Judicial Department, Appellate Division

THE COURT ANNOUNCES THE FOLLOW MOTION ORDERS: February 10, 2017

M-36 343 LLC and Alisa Construction Co., and Illinois Union Insurance Company,Plaintiffs-Respondents, -against- Scottsdale Insurance Company,Defendant-Appellant, Ebenezer Construction Inc. Defendants-Respondents.


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

SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

KING RANGE, PLAINTIFF, v. THE TRUSTEES OF COLUMBIA UNIVERSITY — IN THE CITY OF NEW YORK def-res

3077N. KING RANGE, PLAINTIFF, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK def-res — THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Third-Party plf-res, v. BREEZE NATIONAL INC. Third-Party def — THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Second Third-Party plf-res, v. TOTAL SAFETY CONSULTING, L.L.C., Second Third-Party def-ap, CITY SAFETY COMPLIANCE CORP., Second Third-Party def — FRANCISCA MONTERO DE RUIZ PLAINTIFFS, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK def-res, HOWARD I. SHAPIRO & ASSOCIATES CONSULTING ENGINEERS, P.C., def — IN THE CITY OF NEW YORK Third-Party plf-res, v. BREEZE NATIONAL INC. Third-Party def — THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Second Third-Party plf-res, v. TOTAL SAFETY CONSULTING, L.L.C., Second Third-Party def-ap, CITY SAFETY COMPLIANCE CORP., Second Third-Party def — SAKIM KIRBY, PLAINTIFF, v. LEND LEASE (US) CONSTRUCTION LMB, INC. def-res, HOWARD I. SHAPIRO & ASSOCIATES CONSULTING ENGINEERS, P.C., def — THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Third-Party plf-res, v. BREEZE NATIONAL INC. Third-Party def — THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Second Third-Party plf-res, v. TOTAL SAFETY CONSULTING, L.L.C., Second Third-Party def-ap, CITY SAFETY COMPLIANCE CORP., Second Third-Party def — Gruvman, Giordano & Glaws, LLP, New York (Charles T. Glaws of counsel), for ap — Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola (Mark J. Volpi of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about June 13, 2016, which, inter alia, denied the motion of second third-party defendant Total Safety Consulting, L.L.C. (Total Safety) to sever the second third-party action, unanimously affirmed, without costs.

3077N
Sweeny, J.P., Mazzarelli, Manzanet-Daniels, Webber, JJ.

U.S. District Court, Southern District

Hosokawa v. Screen Actors Guild-American, 14cv6189

Union Fair Representation Claim Time-Barred; Union Took No Action Against Membership

14cv6189
District Judge William Pauley

U.S. District Court, Southern District

ACR Systems, Inc. v. Woori Bank, 14 Civ. 2817

Claim Letter of Credit Wrongly Dishonored Survives but Fraud, Conspiracy Claims Do Not

14 Civ. 2817
District Judge John Keenan

Supreme Court, Warren County

McDonald v. County of Warren, 49820

Court Modifies Advisory Jury's Past, Future Pain Suffering Awards, Grants Medical Expenses

49820
Justice Robert Muller

Surrogate's Court, Queens County

Estate of Yoon, 2015-1000/C

No Evidence of Intent to Form Partnership, Turnover of Game to Estate Granted

2015-1000/C
Surrogate Peter Kelly

Appellate Term, 9th & 10th Judicial Districts

DeLisi v. The Law Offices of Capetola, 2015-1378 S C

Motion for De Novo Review of Arbitration Award to Law Firm Timely, Denial Vacated

2015-1378 S C
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Civil Court, Bronx County, Part 35

1270 Morris LLC v. Caballero, 7428/16

Landlord Fails to Comply With CPLR 3213, Counsel Settles Action That Did Not Exist

7428/16
Judge Sabrina B. Kraus

Supreme Court, New York County, Part 35

Eilenberg v. City of NY, 654780/16

Terminated Counselor Fails to Establish Basis to Vacate Matter for Lesser Penalty

654780/16
Justice Carol R. Edmead

Supreme Court, New York County, Part 32

Simoni v. Fifth on the Park Condo, LLC, 150839/2013

Buyer's Motion to Strike Answer Unwarranted; Cross-Motion For Protective Order Granted

150839/2013
Justice Arlene Bluth

Supreme Court, Queens County, Criminal Term, Part K-7

The People v. Wu, 2614/2015

All Statements After Defendant's Initial One Suppressed as Violative of His 'Miranda' Rights

2614/2015
Justice Robert Charles Kohm

U.S. District Court, Northern District

PPC Broadband, Inc. v. Corning Optical Communications RF, LLC, 5:11-cv-761

Reduced $90,741 Costs Award in Patent Infringement Damages Action Is Explained

5:11-cv-761
District Judge Gary Sharpe

U.S. District Court, Northern District

Lin v. N.Y. State Dept. of Labor, 1:14-CV-0771

Poor Performance Leads to Judgment for N.Y.'s Labor Agency in Title VII Retaliation Action

1:14-CV-0771
District Judge Lawrence Kahn

U.S. District Court, Eastern District

Harris v. Board of Education of the City School District of the City of N.Y., 16-CV-3809

City DOE's Actions Against Teacher Not Taken Due to Her Age; §1983 Claims Time Barred

16-CV-3809
District Judge Jack Weinstein

U.S. District Court, Eastern District

Murray v. The Carsey-Werner Co., 16-CV-4688

Suit Over NBC's Use of Proposal as Idea for 'The Cosby Show' Dismissed as Res Judicata

16-CV-4688
District Judge Carol Bagley Amon

U.S. District Court, Southern District

Apex Employee Wellness Services, Inc. v. APS Healthcare Bethesda, Inc., 11 CIV. 9718

Denial of Rule 59(e), 60(b) Judgment Relief In Health Plan Firm's Breach Suit Explained

11 CIV. 9718
District Judge Edgardo Ramos

Civil Court, Queens County, Small Claims Part

Truong v. 10 Yue 2015, Inc., 1743/2016

Landlord Fails to Establish Retaining Tenant's Security Deposit Absent Excessive Wear, Tear

1743/2016
Arbitrator Dale I. Frederick

Civil Court, Kings County, Part S

H.W. Hinkley Realty L.L.C. v. Romulus, 62371/16

Late Rent Payment Without Filing Continuous Cases Fails to Show Chronic Rent Nonpayment

62371/16
Judge John Stanley

Civil Court, Kings County

1168 Rockaway Ave. Corp. v. Singh, 105051-2015

Jurisdiction Defense Rejected for Failing to Move To Set Aside Self-Executing Order Default

105051-2015
Judge Richard Montelione

Appellate Term, 2nd, 11th & 13th Judicial Districts

Fountains-Clove Road Apartments, Inc. v. Gunther, 2015-449 RI C

Dismissal of Occupants' Wrongful Eviction, Conversion Counterclaims Vacated

2015-449 RI C
Before: Aliotta, J.P., Pesce and Solomon, JJ.

Civil Court, Bronx County, Housing Part I

Alliance Housing II Associates v. George, 19458/2014

Court Grants Tenant Partial Summary Judgment on Partial Payment Defense

19458/2014
Judge Diane E. Lutwak

Civil Court, New York County, Housing Part

21-25 Convent Avenue Realty, LLC v. Semper, 69419/2016

Process Server's Resort to Conspicuous Place Service Restores Motion for Traverse Hearing

69419/2016
Judge Michael Weisber

Appellate Division, Second Department

Wells Fargo Bank v. Eitani, 507424/13

'Savings Provision' Allows Wells Fargo to Proceed With Foreclosure, Split Panel Rules

507424/13
Before: Eng, P.J., Leventhal, Chambers, Maltese, Duffy, JJ.

Surrogate's Court, Bronx County

Estate of Stephon Leon-Lloyd Baker

Order signed; 2010-240 - Estate of Stephon Leon-Lloyd Baker; Order signed; 15G2002 - Estate of Lourdes Marie Lozada Melendez; Order signed; 2010-241 - Estate of Kiara Paulette-Peggy Baker; Order signed; 283G2002 - Estate of Kamryn Chantaya Bryant; Order signed; 265G2004 - Estate of Michael Samuel Willett III; Order signed; 3G2001 - Estate of Robert Rodney Ancrum; Decree signed; 2016-1867 -Guardianship of Kimberly Joyce Almanzar; Decree signed; 2016-2206 -Guardianship of Elizabeth Aybar; Decree signed; 2016-388 -Guardianship of Larenzo Yeron Nesbitt; Decree signed; 2016-1488 -Guardianship of Natalia Gonzalez Irizarry; Decree signed; 2016-1915 -Guardianship of Anthony Ehi-Arin Eselebor; Decree signed; 2016-1983 -Guardianship of Valencia Rose Hylton; Decree signed; 2016-1833 -Guardianship of Diana Nicole Marchese

2010-240
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

U.S. BANK NATIONAL ASSOCIATION, ap, v. JUDITH BARTON, RESPONDENT def

U.S. BANK NATIONAL ASSOCIATION, ap, v. JUDITH BARTON, RESPONDENT def — Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "MATTER of the Dismissal of Causes for Failure to Perfect," dated September 19, 2016, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 1, 2015, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. GREGORY TROWELL, ap

PEOPLE, ETC., res, v. GREGORY TROWELL, ap — Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 17, 2016, as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

THIERRY E. LEW, ap, v. DOROTHY M. LEW, res

MATTER OF THIERRY E. LEW, ap, v. DOROTHY M. LEW, res — V-7969-13) — Appeal by Thierry E. Lew from an order of the Family Court, Nassau County, dated June 27, 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

MARIO GONZALEZ, ap, v. MEADOWVIEW CONSTRUCTION, INC. res

MARIO GONZALEZ, ap, v. MEADOWVIEW CONSTRUCTION, INC. res — Application by the respondents Meadowview Construction, Inc., and Barry Goggin pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

Surrogate's Court, New York County

ESTATE OF ALLEN DAVID, Deceased

ESTATE OF ALLEN DAVID, Deceased (14/2358/A) — January 27, 2017 was the return date of this motion by Shirley Kwan, seeking to restore to the court's calendar her petition for the issuance of letters of administration in the estate of Allen David. This proceeding had been held in abeyance on August 10, 2016, pending a determination of the petition of Raymond Bengen to probate a written instrument as the last will and testament of decedent's. Ms. Kwan argued in the instant motion that her petition for letters of administration should be restored because no fiduciary had yet been appointed and it appeared that Mr. Bengen had not been actively prosecuting the probate petition. However, on December 28, 2016, letters of temporary administration issued to Mr. Bengen. In light of that fact, Ms. Kwan's motion was denied.

14/2358/A
Surrogate Mella

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MICHAEL REGGLER, ap, v. ALIESHA HENRY, res

MATTER OF MICHAEL REGGLER, ap, v. ALIESHA HENRY, res — Appeal by Michael Reggler from an order of the Family Court, Queens County, dated January 11, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Larry S. Bachner, Esq., dated January 20, 2017, it is


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PANDORA WILSON, res, v. NASSAU UNIVERSITY MEDICAL CENTER DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS; MELVILLE SNOW CONTRACTORS, INC., THIRD-PARTY DEFENDANT-APPELLANT-res

PANDORA WILSON, res, v. NASSAU UNIVERSITY MEDICAL CENTER DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS; MELVILLE SNOW CONTRACTORS, INC., THIRD-PARTY DEFENDANT-APPELLANT-res — Application by the defendants third-party plaintiffs-respondents-appellants 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, Nassau County, dated June 21, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MIGUEL A. ORTIZ, ap

PEOPLE, ETC., res, v. MIGUEL A. ORTIZ, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 8, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. GABRIEL HUBBARD, ap

PEOPLE, ETC., res, v. GABRIEL HUBBARD, ap — Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 30, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SPERRY ASSOCIATES FEDERAL CREDIT UNION, ap, v. KUNJAMMA C. JOHN, a/k/a KUNJAMMA JOHN, res

SPERRY ASSOCIATES FEDERAL CREDIT UNION, ap, v. KUNJAMMA C. JOHN, a/k/a KUNJAMMA JOHN, 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, Nassau County, dated June 23, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROBERT W. SOCHUREK, DECEASED. ANNA MARIE T. SOCHUREK, PETITIONER-res, LYNN AMMIRATO RESPONDENTS-ap

MATTER OF ROBERT W. SOCHUREK, DECEASED. ANNA MARIE T. SOCHUREK, PETITIONER-res, LYNN AMMIRATO RESPONDENTS-ap — (FILE NO. 487/14) — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Dutchess County, dated June 30, 2016, and a decree of the same court dated August 11, 2016.


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

Surrogate's Court, New York County

ESTATE OF HAROLD BRITTMAN, Deceased

ESTATE OF HAROLD BRITTMAN, Deceased (14/1320/A/B/C) — The petition to compromise the causes of action for decedent's personal injuries against defendant Park Terrace Care Center, Inc. is approved. Decedent died intestate at age 88 on January 7, 2013. Petitioner alleges that decedent sustained injuries from a fall at a residential facility, and that, after decedent's death, petitioner, as Administrator of decedent's estate, commenced an action against the facility for negligence and violation of various provisions of New York Public Health Law.

14/1320/A/B/C
Surrogate Mella

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

HAYA AZOULAY, res, v. MAINES PAPER & FOOD SERVICE, INC. ap

HAYA AZOULAY, res, v. MAINES PAPER & FOOD SERVICE, INC. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 8, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DMITRIY USACHEV, ap

PEOPLE, ETC., res, v. DMITRIY USACHEV, ap — Motion by the appellant pro se on an appeal from a resentence of the Supreme Court, Queens County, imposed January 14, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NEW HOPE MISSIONARY BAPTIST CHURCH, INC., ET AL., res, v. 466 LAFAYETTE, LTD., ET AL., DEFENDANTS; FAMAK MANAGEMENT CORP, NONPARTY-ap

NEW HOPE MISSIONARY BAPTIST CHURCH, INC., ET AL., res, v. 466 LAFAYETTE, LTD., ET AL., DEFENDANTS; FAMAK MANAGEMENT CORP, NONPARTY-ap — Application by the respondent New Hope Missionary Baptist Church 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.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. STEVEN DIXON, ap

PEOPLE, ETC., res, v. STEVEN DIXON, ap — (S.C.I. NO. 951/15) — Motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the Supreme Court, Queens County, rendered September 6, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JASON POINTDUJOUR, ap

PEOPLE, ETC., res, v. JASON POINTDUJOUR, ap — Motion by the appellant for leave to prosecute an appeal from an amended judgment of the Supreme Court, Queens County, rendered October 27, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ELLA BURBACKI, ap, v. ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATTO, FERRARA & WOLF, LLP res

ELLA BURBACKI, ap, v. ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATTO, FERRARA & WOLF, LLP res — Application by the respondents 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 8, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WINSTON A. WARNER, ap, v. CITY OF NEW YORK res, ET AL., def

WINSTON A. WARNER, ap, v. CITY OF NEW YORK res, 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, Queens County, dated June 13, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GABRIEL PAGAN, res, v. GOLDEN STAR APPLICATION TO WITHDRAW APPEAL TRUCKING, INC. ap

GABRIEL PAGAN, res, v. GOLDEN STAR APPLICATION TO WITHDRAW APPEAL TRUCKING, INC. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 18, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. COURTNEY DALEY, ap

PEOPLE, ETC., res, v. COURTNEY DALEY, ap — Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Nassau County, rendered July 18, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DENIS A. PREZIOSI, DECEASED. APRIL TORRE, PETITIONER-APPELLANT; DEANA HUMINSKI, PETITIONER-res, SHARON PIHLQUIST res-res

MATTER OF DENIS A. PREZIOSI, DECEASED. APRIL TORRE, PETITIONER-APPELLANT; DEANA HUMINSKI, PETITIONER-res, SHARON PIHLQUIST res-res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Nassau County, dated May 9, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DISA REALTY, INC., res, v. KISHOR RAO, ETC., ap, ET AL., def

DISA REALTY, INC., res, v. KISHOR RAO, ETC., ap, ET AL., def — Motion by the respondent, inter alia, to strike a certain audio CD from the record on an appeal from a judgment of the Supreme Court, Queens County, dated May 31, 2016, to strike the appellant's brief on the ground that it refers to matter dehors the record, improperly raises certain issues, and contains scandalous and prejudicial statements, and to enlarge the respondent's time to serve and file a brief.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KEVIN SAMUEL, res, v. PARK & COAST I, LLC ap

KEVIN SAMUEL, res, v. PARK & COAST I, LLC ap — Motion by the appellants to stay all pretrial proceedings, jury selection, and the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 29, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SAVATA M. MONROE, ap

PEOPLE, ETC., res, v. SAVATA M. MONROE, ap — Motion by Savata M. Monroe pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered August 24, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARIA NANCY PELAEZ, ETC., res, v. LAURA SEIDE ap

MARIA NANCY PELAEZ, ETC., res, v. LAURA SEIDE ap — Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from a judgement of the Supreme Court, Putnam County, entered February 23, 2015.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROTHSCHILD TRUSTS. NAIM D. BULBULIA PETITIONERSres, MICHAEL D. KANNAN, res-res

MATTER OF ROTHSCHILD TRUSTS. NAIM D. BULBULIA PETITIONERSres, MICHAEL D. KANNAN, res-res — (FILE NO. 4194/15) — Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this Court which dismissed an appeal from a decision of the Surrogate's Court, Suffolk County, dated August 31, 2016, and to reinstate the appeal.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KAREN MILLER, res, v. JHON BETANCUR, ET AL., ap

KAREN MILLER, res, v. JHON BETANCUR, ET AL., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2016.


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

Surrogate's Court, Bronx County

Estate of Howard Danon

Order signed; 2016-175 - Estate of Howard Danon; Order signed; 2016-2053/A - Estate of Angel L Castro; Order signed; 2016-2379/A - Estate of Louis A. Vassallo; Order signed; 2017-121 - Estate of Jane E Verini; Order signed; 2016-2593 - Estate of Morris Biderman; Decree signed; 2015-2060/A - Estate of Raymond H Arevalo; Decree signed; 2016-2643 - Estate of Brenda Cavillones; Decree signed; 2017-75 - Estate of Angel L Rodriguez; Decree signed; 2017-36 - Estate of Alec Feldman; Decree signed; 2016-2465 - Estate of Leo E Rochon; Decree signed; 2017-82 - Estate of Russell F Schaller; Decree signed; 2017-47 - Estate of Irving Weizer; Decree signed; 2016-1712 - Estate of Elizabeth Dombroski; Decree signed; 2015-177 - Estate of Dorothy T McDermott; Decree signed; 2016-628/A - Estate of Elias Feuerstein; Decree signed; 2016-2123/A - Estate of Paul Farrell; Decree signed; 2016-2555 - Estate of Lillie Mae Moton Felder; Decree signed; 2016-2893 - Estate of Bernice Schechter; Decree signed; 2016-2848 - Estate of Ramona Correa; Decree signed; 2016-2736 - Estate of Shirley Berger; Decree signed; 2016-2071 - Estate of Irene Cinotti; Decree signed; 2017-15 - Estate of Louise S D'Angelo

2016-175
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROBERTO CIAPRAZI, res, v. ANDREA EVANS, ETC., ap

MATTER OF ROBERTO CIAPRAZI, res, v. ANDREA EVANS, ETC., ap — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated July 26, 2016, for failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PATRICIA R. MACISAAC, AS ADMINISTRATRIX OF THE ESTATE OF JOHN R. MACISAAC ap, v. NASSAU COUNTY, res

PATRICIA R. MACISAAC, AS ADMINISTRATRIX OF THE ESTATE OF JOHN R. MACISAAC ap, v. NASSAU COUNTY, res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 30, 2016.


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

Surrogate's Court, New York County

ESTATE OF ISMAEL RAMIREZ, Deceased

ESTATE OF ISMAEL RAMIREZ, Deceased (08/4276/E) — At the call of the calendar in this proceeding in the estate of Ismael Ramirez to punish respondents for contempt, the court ordered respondent Alberto Gonzalez, who did not appear, to attend a court conference. The conference will be held on February 28, 2017, at 2:30 PM in Room 401 of the Surrogate's Court at 31 Chambers Street, New York, NY.

08/4276/E
Surrogate Anderson

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHRISTINE MAGE, res, v. JOSEPH MAGE, ap

CHRISTINE MAGE, res, v. JOSEPH MAGE, 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, Nassau County, entered April 8, 2016.


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

Surrogate's Court, Bronx County

Estate of Sarah Jane Williamson

Order signed; 303A2000/B - Estate of Sarah Jane Williamson; Order signed; 2012-2360/B - Estate of Roland Ransom; Order signed; 2016-1559/A - Estate of Lyudmila Vaystub; Order signed; 2016-1169/B - Estate of Wayman Baker III; Order signed; 303A2000/A - Estate of Sarah Jane Williamson; Decree signed; 2015-2358 - Estate of Oneida Schrager; Decree signed; 2016-2456/A - Estate of Dereen Mack; Decree signed; 2016-1818 - Estate of Bertha Jagassar; Decree signed; 2017-89 - Estate of Rolando Arroyo; Decree signed; 2017-104 - Estate of Shanta Ford; Decree signed; 2016-2759 - Estate of Michael J Russo

303A2000/B
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. CHARLES D. MCCLINTON, ap

PEOPLE, ETC., res, v. CHARLES D. MCCLINTON, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 18, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. RASHAWN BLAKES, ap

PEOPLE, ETC., res, v. RASHAWN BLAKES, 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 April 7, 2014.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JPMORGAN CHASE BANK, NA, res, v. JEFFREY NOVIS, APPELLANT def

JPMORGAN CHASE BANK, NA, res, v. JEFFREY NOVIS, APPELLANT def — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 18, 2016.


Mastro, J.P.; Hall, Maltese and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BANK OF NEW YORK MELLON, FORMERLY KNOWN AS BANK OF NEW YORK, ETC., res, v. PASUAL RENDON APPELLANTS def

BANK OF NEW YORK MELLON, FORMERLY KNOWN AS BANK OF NEW YORK, ETC., res, v. PASUAL RENDON APPELLANTS def — Motion by the respondent to dismiss appeals from an order of the Supreme Court, Dutchess County, dated March 22, 2016, for failure to timely perfect.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PAULETTE GINDI, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN, ROSY GINDI res, v. MURRAY NUSSBAUM ap

PAULETTE GINDI, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN, ROSY GINDI res, v. MURRAY NUSSBAUM ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 16, 2016.


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

Appellate Term, Second Judicial Department

ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C., A/A/O EUN SOOK SUR v. PROGRESSIVE INS. CO.

2008-2211 N C. ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C., A/A/O EUN SOOK SUR v. PROGRESSIVE INS. CO. — Motion by respondent to dismiss as untimely taken an appeal from an order of the District Court of Nassau County, First District, entered July 31, 2008. By decision and order on motion of this court dated April 14, 2009, the motion was held in abeyance and the matter was remitted to the District Court to hear and report on the issue of whether service of the order appealed from was proper. On March 22, 2012, the appeal was withdrawn upon application.

2008-2211 N C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

HILLSIDE PARK, LLC v. HERNANDEZ

2016-1995 Q C. HILLSIDE PARK, LLC v. HERNANDEZ — Motion by appellant to enlarge the time to perfect an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 28, 2016.

2016-1995 Q C
: Weston, J.P., Pesce, Aliotta, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD ZOLLI, a/k/a RICHARD ZENO ZOLLI, DECEASED. ERIN TORMEY, PETITIONER-APPELLANT; MARIA BENALCAZAR, res-res

MATTER OF RICHARD ZOLLI, a/k/a RICHARD ZENO ZOLLI, DECEASED. ERIN TORMEY, PETITIONER-APPELLANT; MARIA BENALCAZAR, res-res — (FILE NO. 937/00) — 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 Surrogate's Court, Kings County, dated December 23, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MASIKA BRYCE plf-res, v. NATALIE SOLARI DEFENDANTS THIRD-PARTY plf-res, SHIELD OF DAVID, INC., DOING BUSINESS AS SHIELD INSTITUTE, DEFENDANT THIRD-PARTY plf-ap, CONSOLIDATED BUS TRANSIT, INC., DEFENDANT-APPELLANT DEFENDANT; PROFESSIONAL CHARTER SERVICE, INC., THIRD-PARTY def-ap

MASIKA BRYCE plf-res, v. NATALIE SOLARI DEFENDANTS THIRD-PARTY plf-res, SHIELD OF DAVID, INC., DOING BUSINESS AS SHIELD INSTITUTE, DEFENDANT THIRD-PARTY plf-ap, CONSOLIDATED BUS TRANSIT, INC., DEFENDANT-APPELLANT DEFENDANT; PROFESSIONAL CHARTER SERVICE, INC., THIRD-PARTY def-ap — Motion by Shield of David, Inc., doing business as Shield Institute, Consolidated Bus Transit, Inc., and Professional Charter Service, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 24, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JONATHAN ORTIZ, plf-res, v. SILVER INVESTORS ap, ALPHA DEVELOPMENTS & ASSETS MANAGEMENT, ET AL., DEFENDANTS-RESPONDENTS def

JONATHAN ORTIZ, plf-res, v. SILVER INVESTORS ap, ALPHA DEVELOPMENTS & ASSETS MANAGEMENT, ET AL., DEFENDANTS-RESPONDENTS def — Application by the plaintiff-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 August 4, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. RANDY REEVES, ap

PEOPLE, ETC., res, v. RANDY REEVES, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 29, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. TREYMAINE SONGSTER, ap

PEOPLE, res, v. TREYMAINE SONGSTER, ap — Motion by the appellant pro se for leave to prosecute appeals from three orders of the Supreme Court, Kings County, all dated September 29, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONNA FABBRICANTE, ap, v. JOHN FABBRICANTE, RESPONDENT

DONNA FABBRICANTE, ap, v. JOHN FABBRICANTE, RESPONDENT — Motion by the respondent to recalendar oral argument of an appeal from an order of the Supreme Court, Queens County, dated September 8, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, NA, res, v. ISAAC M. ZUCKER ap, ET AL., def

WELLS FARGO BANK, NA, res, v. ISAAC M. ZUCKER ap, ET AL., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge until April 7, 2017, the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, both dated April 18, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANTHONY PRUDENTI, ETC. plf-res, v. COUNTY OF SUFFOLK ap, SUFFOLK COUNTY SHERIFFS OFFICE def-res

ANTHONY PRUDENTI, ETC. plf-res, v. COUNTY OF SUFFOLK ap, SUFFOLK COUNTY SHERIFFS OFFICE def-res — Motion by the appellants County of Suffolk, Steven Bellone, in his official capacity as County Executive of Suffolk County, and the Suffolk County Legislature, and separate motions by the appellant Suffolk County Police Benevolent Association, Inc., and the appellant Suffolk County Superior Officers Association, Inc., for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated February 27, 2014, and a judgment of the same court dated July 10, 2014 , which were determined by decision and order of this Court dated September 28, 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.; Cohen, Barros and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LEE DODGE, INC., ETC. res, v. SOVEREIGN BANK, N.A., ETC. ap, ET AL., def

LEE DODGE, INC., ETC. res, v. SOVEREIGN BANK, N.A., ETC. ap, ET AL., def — Motion by the respondents to recalendar oral argument of an appeal from an order of the Supreme Court, Kings County, dated March 19, 2015, and to enlarge the time to serve and file a brief.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. RALPH RODRIGUEZ, ap

PEOPLE, ETC., res, v. RALPH RODRIGUEZ, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 16, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, NA, ap, v. LEONARD EMMA, ETC., res, ET AL., def

WELLS FARGO BANK, NA, ap, v. LEONARD EMMA, ETC., res, ET AL., def — Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Richmond County, dated September 3, 2015, to include certain documents, and to enlarge the respondent's time to serve and file a brief.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ROBERT FIDLER, ap, v. GORDONHERRICKS CORP. res

ROBERT FIDLER, ap, v. GORDONHERRICKS CORP. 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, Nassau County, dated July 13, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. MICHAEL A. CERASARO, ap

PEOPLE, ETC., res, v. MICHAEL A. CERASARO, ap — (S.C.I. NOS. 80/07, 209/15) — Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from an amended judgment and a judgment of the Supreme Court, Richmond County, both rendered October 14, 2015, and for assignment of new counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JASHAAD GULIFIELD, ap

PEOPLE, ETC., res, v. JASHAAD GULIFIELD, ap — On the Court's own motion, it is


Rivera, J.P.; Leventhal, Miller and Connolly, JJ.

Surrogate's Court, New York County

ESTATE OF MIODRAG YOVANICH, Deceased

ESTATE OF MIODRAG YOVANICH, Deceased (14/3182/A) — Incident to her final accounting in the estate of Miodrag Yovanich, the Public Administrator requests that the court determine the identity of decedent's distributees.

14/3182/A
Surrogate Mella

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. STEVEN DIAZ, ap

PEOPLE, ETC., res, v. STEVEN DIAZ, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 13, 2016, as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JUAN CARLO ARIASPACHO, ap

PEOPLE, ETC., res, v. JUAN CARLO ARIASPACHO, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 30, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

Appellate Term, Second Judicial Department

SAMUELv. ROSENFELD

2014-40 K C. SAMUELv. ROSENFELD — Motion by appellant for leave to reargue an appeal from a decision of the Civil Court of the City of New York, Kings County, dated March 20, 2013, which was dismissed by decision and order on motion of this court dated January 14, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order on motion of this court.

2014-40 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ISMAEL RODRIGUEZ-ROSADO, ap

PEOPLE, ETC., res, v. ISMAEL RODRIGUEZ-ROSADO, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered May 4, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. EARLIN T. CRAIG, ap

PEOPLE, ETC., res, v. EARLIN T. CRAIG, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 30, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JAMANE YARBROUGH, ap

PEOPLE, ETC., res, v. JAMANE YARBROUGH, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 3, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JEROME J. MAXWELL, res, v. KEREEN WATT, ap

MATTER OF JEROME J. MAXWELL, res, v. KEREEN WATT, ap — Appeal by Kereen Watt from an order of the Family Court, Queens County, dated May 4, 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.; Leventhal, Miller and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GLADYS FRANCO, ap, v. MV TRANSPORTATION, ET AL., res

GLADYS FRANCO, ap, v. MV TRANSPORTATION, ET AL., res — Appeal from an order of the Supreme Court, Kings County, dated October 13, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TIMOTHY HARRIS, plf-res, v. PEDRO LOPEZ MANOS DEFENDANTS THIRDPARTY plf-ap, GLORIA A. JORDAN, THIRD-PARTY def-res

TIMOTHY HARRIS, plf-res, v. PEDRO LOPEZ MANOS DEFENDANTS THIRDPARTY plf-ap, GLORIA A. JORDAN, THIRD-PARTY def-res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge until June 1, 2017, the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 12, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

V.Q., NAME BEING FICTIONAL BUT REPRESENTING A FEMALE FOSTER CHILD WHO RESIDED IN A FOSTER HOME WITH RITA RIVAS AND BENEDICTO RIVAS IN 1995, res, v. LITTLE FLOWER CHILDRENS SERVICES, ap, RITA RIVAS def

V.Q., NAME BEING FICTIONAL BUT REPRESENTING A FEMALE FOSTER CHILD WHO RESIDED IN A FOSTER HOME WITH RITA RIVAS AND BENEDICTO RIVAS IN 1995, res, v. LITTLE FLOWER CHILDRENS SERVICES, ap, RITA RIVAS def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2015.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. DENNIS ROMAN, ap

PEOPLE, ETC., res, v. DENNIS ROMAN, 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, Westchester County, rendered December 8, 2015.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JENNY WILSON DIAZ ap, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, RESPONDENT def

JENNY WILSON DIAZ ap, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, RESPONDENT def — Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2014, which was determined by decision and order of this Court dated July 13, 2016, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SHAUN CREWS, ap

PEOPLE, ETC., res, v. SHAUN CREWS, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 30, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LIZAVETA GERSHMAN, res, v. SAMMY AHMAD, APPELLANT def

LIZAVETA GERSHMAN, res, v. SAMMY AHMAD, 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 July 20, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RINAT DRAY, RESPONDENT v. STATEN ISLAND UNIVERSITY HOSPITAL res-ap, LEONID GORELIK APPELLANTS-res

RINAT DRAY, RESPONDENT v. STATEN ISLAND UNIVERSITY HOSPITAL res-ap, LEONID GORELIK APPELLANTS-res — Application by the respondents-appellants 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, Kings County, dated May 10, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHAYA PLOTKIN, res, v. REPUBLICFRANKLIN INSURANCE COMPANY ap

CHAYA PLOTKIN, res, v. REPUBLICFRANKLIN INSURANCE COMPANY ap — Motion by the respondent to strike pages 663 through 803 from the record on an appeal from an order of the Supreme Court, Kings County, dated March 23, 2016, to strike references to that material in the appellants' brief, and to impose a sanction upon the appellants' counsel and for an award of costs.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CATALINO RODRIGUEZ, AS ADMINISTRATRIX OF THE ESTATE OF DOMINGO RODRIGUEZ ap, v. 227 EAST 19TH STREET OWNER, LLC DEFENDANTS THIRD-PARTY plf-res, JOVIN DEMO, INC. def-res, ET AL., DEFENDANTS; MIRABELLA CONSTRUCTION COMPANY, THIRDPARTY def-res

CATALINO RODRIGUEZ, AS ADMINISTRATRIX OF THE ESTATE OF DOMINGO RODRIGUEZ ap, v. 227 EAST 19TH STREET OWNER, LLC DEFENDANTS THIRD-PARTY plf-res, JOVIN DEMO, INC. def-res, ET AL., DEFENDANTS; MIRABELLA CONSTRUCTION COMPANY, THIRDPARTY def-res — Application by the defendants-respondents Jovin Demo, Inc., and Jovin Demo New York, Inc., 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 August 23, 2016.


Eng, P.J.; Mastro, Hall and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. JOSEPH B. LLOYD, ap

PEOPLE, ETC., res, v. JOSEPH B. LLOYD, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 16, 2016, as a poor person, and for the assignment of counsel.


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

Surrogate's Court, Bronx County

Estate of Adrienne Bono

Order signed; 2009-1709/B - Estate of Adrienne Bono; Order signed; 2014-2489/A - Estate of Mark H Kusaka; Order signed; 2013-2605/A - Estate of Mandel Weissman; Decree signed; 2009-2660/A - Estate of Eugene Gaffney

2009-1709/B
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARK L. TODARO res, v. SIRINA FIRE PROTECTION CORP. ap

MARK L. TODARO res, v. SIRINA FIRE PROTECTION CORP. ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 11, 2016.


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

Appellate Term, Second Judicial Department

NEW YORK CITY HOUS. AUTH. (S. JAMAICA HOUSES) v. JACKSON

2015-2223 Q C. NEW YORK CITY HOUS. AUTH. (S. JAMAICA HOUSES) v. JACKSON — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 23, 2015, to amend the caption to reflect the death of respondent Jonathan Headley by deleting his name from the caption, and to allow the appeal to proceed.

2015-2223 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANGELA N. L. (ANONYMOUS). FORESTDALE, INC. PETITIONERS-res, YING L. (ANONYMOUS) RESPONDENTS-ap

MATTER OF ANGELA N. L. (ANONYMOUS). FORESTDALE, INC. PETITIONERS-res, YING L. (ANONYMOUS) RESPONDENTS-ap — Appeals by Ying L. and Hang B.L. from an order of the Family Court, Queens 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, Hall and Duffy, JJ.

Surrogate's Court, New York County

ESTATE OF RICHARD BENNETT, Deceased

ESTATE OF RICHARD BENNETT, Deceased (13/1511/A/F) — At the call of the calendar, the motion by the two executors and the administrator, c.t.a., of the estate of Richard Bennett to continue to serve as fiduciaries was denied without prejudice to their filing an application in accordance with statutory requirements.

13/1511/A/F
Surrogate Anderson

Surrogate's Court, Bronx County

Estate of Anthony Alando Brissett

Order signed; 2010-2582/A - Estate of Anthony Alando Brissett; Order signed; 2011-893/A - Estate of Ruben Carela; Decree signed; 2013-778/A - Estate of George Phelan; Decree signed; 2016-2853/A - Estate of Elizabeth Rodriguez

2010-2582/A
Surrogate Malave-Gonzalez

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. WAYNE STOKELING, ap

PEOPLE, ETC., res, v. WAYNE STOKELING, 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

PEOPLE, ETC., res, v. DWAYNE ALLEYNE, ap

PEOPLE, ETC., res, v. DWAYNE ALLEYNE, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 3, 2015, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DAVID BONILLA-REYES, ap, v. RICHARD RIBELLINO res, ET AL., DEFENDANTS (AND A THIRD-PARTY ACTION)

DAVID BONILLA-REYES, ap, v. RICHARD RIBELLINO res, ET AL., DEFENDANTS (AND A THIRD-PARTY ACTION). — Application by the respondents 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.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NYCTL 2009-A TRUST res, v. KINGS HIGHWAY REALTY CO., APPELLANT def

NYCTL 2009-A TRUST res, v. KINGS HIGHWAY REALTY CO., APPELLANT def — (INDEX NO. 27313/10)Anthony M. Bramante, Brooklyn, NY, for appellant.


Austin, J.P.; Cohen, Maltese and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARK J. CIRALDO, ap, v. COUNTY OF WESTCHESTER, ET AL., res

MARK J. CIRALDO, ap, v. COUNTY OF WESTCHESTER, ET AL., res — (INDEX NO. 60401/11)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Wood, J.), dated September 30, 2015, which granted the defendants' motion for summary judgment dismissing the complaint.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SUELLEN SPANGENBERG, ap

PEOPLE, ETC., res, v. SUELLEN SPANGENBERG, ap — (IND. NO. 14-00009)Benjamin Greenwald, New Windsor, NY, for appellant.


Balkin, J.P.; Chambers, Roman, Duffy and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., EX REL. DAVID LAWRENCE, pet, v. SUSAN T. KLUEWER res

PEOPLE, ETC., EX REL. DAVID LAWRENCE, pet, v. SUSAN T. KLUEWER res — David Lawrence, Valley Stream, NY, petitioner pro se.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOUGLIN L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap

MATTER OF DOUGLIN L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap — (PROCEEDING NO. 4) (DOCKET NOS. N-6908-14, N-6909-14, N-6910-14, N-6911-14)Lisa Lewis, Brooklyn, NY, for appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RONALD A. NIMKOFF, ap, v. NANCY WALDBAUM NIMKOFF, res

MATTER OF RONALD A. NIMKOFF, ap, v. NANCY WALDBAUM NIMKOFF, res — (DOCKET NO. F-3296-15/15B) Ronald A. Nimkoff, Syosset, NY, appellant pro se.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

KAREN PIZZURRO, ap, v. RAYMOND GUARINO, a/k/a RAYMOND v. GUARINO, JR., a/k/a RAYMOND v. GUARINO III, res

KAREN PIZZURRO, ap, v. RAYMOND GUARINO, a/k/a RAYMOND v. GUARINO, JR., a/k/a RAYMOND v. GUARINO III, res — (INDEX NO. 2413/15)William D. Friedman, Hempstead, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TRIOANNA W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap

MATTER OF TRIOANNA W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap — (PROCEEDING NO. 2) (DOCKET NOS. N-6908-14, N-6909-14, N-6910-14, N-6911-14)Lisa Lewis, Brooklyn, NY, for appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

RICHARD MORALES, res, v. MARGARET MICHELE SAVAGE, ap

MATTER OF RICHARD MORALES, res, v. MARGARET MICHELE SAVAGE, ap — (DOCKET NO. V-19770-14/15D) Appeal by the mother from an order of the Family Court, Kings County (Maria Arias, J.), dated September 1, 2015. The order, after a hearing, in effect, granted the father's petition for permission to relocate with the subject child to Florida.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

INOCENCIA W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; YASHA W. (ANONYMOUS), ap

MATTER OF INOCENCIA W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; YASHA W. (ANONYMOUS), ap — (DOCKET NO. N-5156-13)Appeal by the mother from an order of the Family Court, Queens County (Connie Gonzalez, J.), dated October 15, 2015. The order denied the mother's motion, inter alia, to vacate a prior order of fact-finding and disposition of that court (Marybeth S. Richroath, J.) dated June 10, 2013, which, upon her consent to a finding of neglect without admission pursuant to Family Court Act §1051(a), found that she neglected the subject child and suspended judgment.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. GARY WHITE, ap

PEOPLE, ETC., res, v. GARY WHITE, ap — (IND. NO. 3850/02)Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated May 1, 2007 (People v. White, 40 AD3d 662), affirming a judgment of the Supreme Court, Kings County, rendered September 15, 2003.


Balkin, J.P.; Hall, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AUDREY L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; MARINA L. (ANONYMOUS), res

MATTER OF AUDREY L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; MARINA L. (ANONYMOUS), res — (DOCKET NO. N-24675-15)Appeal by the petitioner from an order of the Family Court, Queens County (Mary R. O'Donoghue, J.), dated May 27, 2016. The order, insofar as appealed from, after a hearing, granted the mother's application pursuant to Family Court Act §1028 for the return of the subject child to her custody. By decision and order on motion dated June 8, 2016, this Court granted the petitioner's motion, inter alia, to stay enforcement of the Family Court's order pending the hearing and determination of this appeal.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. VICTOR FELIZLOPEZ, ap

PEOPLE, ETC., res, v. VICTOR FELIZLOPEZ, ap — (IND. NO. 2263-09)Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered June 23, 2010, convicting him of robbery in the first degree (three counts) and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.


Balkin, J.P.; Hall, Barros and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ISIAH L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res

MATTER OF ISIAH L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res — (PROCEEDING NO. 1) N-24232-15, N-24233-15) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 4, 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, Hinds-Radix and Duffy, 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 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 20, 2016, and to enlarge the appellants' time to serve and file a reply brief.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TATYANA F. VERZHBO, ap, v. NICK GRUBELICH, res

MATTER OF TATYANA F. VERZHBO, ap, v. NICK GRUBELICH, res — (DOCKET NO. F-21604-11/14D) Tatyana F. Verzhbo, Brooklyn, NY, appellant pro se.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TANAY R. S. (ANONYMOUS). ST. VINCENTS SERVICES, INC., res; TANYA M. (ANONYMOUS) ap

MATTER OF TANAY R. S. (ANONYMOUS). ST. VINCENTS SERVICES, INC., res; TANYA M. (ANONYMOUS) ap — (DOCKET NO. B-20569-12) Appeal by the mother from an order of fact-finding of the Family Court, Kings County (Ann O'Shea, J.), dated April 16, 2014, and separate appeals by the mother and the father from an order of disposition of that court dated August 19, 2015. The order of factfinding, after a fact-finding hearing, found that the mother permanently neglected the subject child. The order of disposition, after a dispositional hearing, terminated the mother's parental rights and freed the child for adoption by her foster parents.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BISHOP L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res

MATTER OF BISHOP L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res — (PROCEEDING NO. 3) N-24232-15, N-24233-15) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 4, 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, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NELSON R. N. C. (ANONYMOUS), pet-ap, v. MARIA G. v. P. (ANONYMOUS), ET AL., RESPONDENTS; JENIFER B. N. v. (ANONYMOUS), NONPARTY-ap

MATTER OF NELSON R. N. C. (ANONYMOUS), pet-ap, v. MARIA G. v. P. (ANONYMOUS), ET AL., RESPONDENTS; JENIFER B. N. v. (ANONYMOUS), NONPARTY-ap — (DOCKET NO. G-5743-14)Appeals by Nelson R. N. C. and Jenifer B. N. V. from two orders of the Family Court, Orange County (Christine P. Krahulik, J.), both dated March 25, 2016. The first order granted a petition to appoint Nelson R. N. C. as guardian of Jenifer B. N. V. The second order, after a hearing, denied Jenifer B. N. V.'s motion for the issuance of an order, inter alia, making specific findings so as to enable her to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC §1101(a)(27)(J).


Mastro, J.P.; Chambers, Maltese and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

VINCENT J. CASTELLUCCI, DECEASED. LAURA CASTELLUCCI, res; ANN S. CASTELLUCCI, ETC. ap

MATTER OF VINCENT J. CASTELLUCCI, DECEASED. LAURA CASTELLUCCI, res; ANN S. CASTELLUCCI, ETC. ap — (FILE NO. 1042/78)Laura Castellucci, Port Washington, NY, respondent pro se.


Dillon, J.P.; Hall, Hinds-Radix and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LAURA M. KRETKOWSKI, res, v. ADAM S. PASQUA, ap

MATTER OF LAURA M. KRETKOWSKI, res, v. ADAM S. PASQUA, ap — (DOCKET NO. F-05223-10/14G) William A. Sheeckutz, East Meadow, NY, for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TAURICE M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; GREGORY A. (ANONYMOUS), APPELLANT res

MATTER OF TAURICE M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; GREGORY A. (ANONYMOUS), APPELLANT res — (PROCEEDING NO. 1) (DOCKET NOS. N-29664-12, N-29665-12, N-29666-12, N-29667-12)Appeal by Gregory A. from an order of fact-finding of the Family Court, Kings County (Ilana Gruebel, J.), dated October 8, 2015. The order, insofar as appealed from, after a hearing, found that the appellant sexually abused the child Janice M. and derivatively neglected the children Taurice M., Aniya K., and Elijah K.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JUSTIN CHARLES LACOUR, ap, v. PAULA PUGLISI, res

MATTER OF JUSTIN CHARLES LACOUR, ap, v. PAULA PUGLISI, res — (DOCKET NO. V-21460-10/16B) Appeal by the father from an order of the Family Court, Suffolk County (Rosann O. Orlando, Ct. Atty. Ref.), dated April 25, 2016. The order dismissed the father's petition to modify the custody and visitation provisions set forth in a prior order of that court dated June 17, 2011, so as to award him residential custody of the parties' child, with supervised visitation to the mother.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANGEL R.L.G. (ANONYMOUS), pet, v. PAULA J.P.C. (ANONYMOUS) RESPONDENTSRESPONDENTS; ESVIN A.G.P. (ANONYMOUS), NONPARTY-ap

MATTER OF ANGEL R.L.G. (ANONYMOUS), pet, v. PAULA J.P.C. (ANONYMOUS) RESPONDENTSRESPONDENTS; ESVIN A.G.P. (ANONYMOUS), NONPARTY-ap — (DOCKET NO. G-17310-14)Appeal by the nonparty child from an order of the Family Court, Queens County (Julie Stanton, Ct. Atty. Ref.), dated February 18, 2016. The order, after a hearing, denied the child's motion for the issuance of an order, inter alia, making specific findings so as to enable him to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC §1101(a)(27)(J).


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DOUGLAS L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap

MATTER OF DOUGLAS L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap — (PROCEEDING NO. 1) (DOCKET NOS. N-6908-14, N-6909-14, N-6910-14, N-6911-14)Lisa Lewis, Brooklyn, NY, for appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. EDWIN GRANT, ap

PEOPLE, ETC., res, v. EDWIN GRANT, ap — (IND. NO. 3618/06)Edwin Grant, Dannemora, NY, appellant pro se.


Dillon, J.P.; Chambers, Sgroi and Miller, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MARIO D. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; MARINA L. (ANONYMOUS), res

MATTER OF MARIO D. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; MARINA L. (ANONYMOUS), res — (DOCKET NO. N-24021-12)Appeal by the petitioner from an order of the Family Court, Queens County (Mary R. O'Donoghue, J.), dated June 2, 2016. The order, insofar as appealed from, after a hearing, granted the mother three-hour unsupervised visits with the subject child. By decision and order on motion of this Court dated June 17, 2016, this Court granted the petitioner's motion to stay enforcement of that portion of the order pending hearing and determination of the appeal.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. KATHERINE VARTHOLOMEOU, ap

PEOPLE, ETC., res, v. KATHERINE VARTHOLOMEOU, ap — (IND. NO. 3104/13)Lynn W. L. Fahey, New York, NY (Erin Tomlinson of counsel), for appellant.


Mastro, J.P.; Dillon, Balkin and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LUCILLE J. ANTONELLI, res, v. LINDSEY B. VARNAY, ap, ET AL., def

LUCILLE J. ANTONELLI, res, v. LINDSEY B. VARNAY, 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, Rockland County, dated April 20, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LOUIS BRODSKY, ETC., res, v. AMBER COURT ASSISTED LIVING, LLC ap

LOUIS BRODSKY, ETC., res, v. AMBER COURT ASSISTED LIVING, LLC ap — (INDEX NO. 1377/11)In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Iannacci, J.), entered May 22, 2015, as granted that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the answer of the defendant Keisha Adams to the extent of conditionally striking her answer unless she appeared for a deposition on a date certain.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

BERNARD J. PERINI, ap, v. FRANK A. LEO, res

BERNARD J. PERINI, ap, v. FRANK A. LEO, res — (INDEX NO. 304/12)Hogan & Cassell, LLP, Jericho, NY (Michael Cassell of counsel), for appellant.


Chambers, J.P.; Cohen, Maltese and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SOUVIK BASU, ap

PEOPLE, ETC., res, v. SOUVIK BASU, ap — (IND. NOS. 11826/08, 4055/09) Appeals by the defendant from two judgments of the Supreme Court, Kings County (Firetog, J.), both rendered May 24, 2012, convicting him of criminal possession of a weapon in the second degree, under Indictment No. 11826/08, and manslaughter in the first degree, criminal possession of a weapon in the second degree, and assault in the second degree (two counts), under Indictment No. 4055/09, upon his pleas of guilty, and imposing sentences. The appeal from the judgment under Indictment No. 4055/09 brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.


Dillon, J.P.; Hall, Hinds-Radix and Brathwaite Nelson, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

MESSIAH L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res

MATTER OF MESSIAH L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res — (PROCEEDING NO. 5) N-24232-15, N-24233-15) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 4, 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, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. SHANE MORRIS, ap

PEOPLE, ETC., res, v. SHANE MORRIS, ap — (IND. NO. 2912/08)Lynn W. L. Fahey, New York, N.Y. (Jessica M. McNamara of counsel), for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JANICE M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; GREGORY A. (ANONYMOUS), APPELLANT res

MATTER OF JANICE M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; GREGORY A. (ANONYMOUS), APPELLANT res — (PROCEEDING NO. 4) (DOCKET NOS. N-29664-12, N-29665-12, N-29666-12, N-29667-12)Appeal by Gregory A. from an order of fact-finding of the Family Court, Kings County (Ilana Gruebel, J.), dated October 8, 2015. The order, insofar as appealed from, after a hearing, found that the appellant sexually abused the child Janice M. and derivatively neglected the children Taurice M., Aniya K., and Elijah K.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

YEHONATAN LEVY ap, v. LEVI BAUMGARTEN, res

YEHONATAN LEVY ap, v. LEVI BAUMGARTEN, res — (INDEX NO. 15312/11)James Toomey, New York, NY (Evy L. Kazansky of counsel), for respondent.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SIMONE L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res

MATTER OF SIMONE L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-APPELLANT; TERRY C. (ANONYMOUS), RESPONDENT-res — (PROCEEDING NO. 2) N-24232-15, N-24233-15) — Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated October 4, 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, Hinds-Radix and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LORI LEVIN, res, v. SANDCASTLES CONDOMINIUM, ap

LORI LEVIN, res, v. SANDCASTLES CONDOMINIUM, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 31, 2016, on the ground that the order on appeal denies reargument.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JIMMY A. M. (ANONYMOUS). FOSTER CARE AGENCY, res, v. JAMES M. (ANONYMOUS), ap

MATTER OF JIMMY A. M. (ANONYMOUS). FOSTER CARE AGENCY, res, v. JAMES M. (ANONYMOUS), ap — (DOCKET NO. B-00871-14)Christopher J. Robles, Brooklyn, NY, for appellant.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

EARNEST PERRYMAN, ap, v. DESTEFANO GENNARO res

MATTER OF EARNEST PERRYMAN, ap, v. DESTEFANO GENNARO res — (INDEX NO. 4682/15)Law Offices of K.C. Okoli, P.C., New York, NY, for appellant.


Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ERIC CHERRY, ap

PEOPLE, ETC., res, v. ERIC CHERRY, ap — (IND. NOS. 2655/08, 547/11) Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated April 8, 2015 (People v. Cherry, 127 AD3d 879), affirming two judgments of the Supreme Court, Queens County, both rendered June 13, 2012.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DEANNA ROSE SIMMS, ETC. res, v. 231 CARLTON AVENUE, LLC ap, ET AL., DEFENDANTS (AND A THIRDPARTY ACTION)

DEANNA ROSE SIMMS, ETC. res, v. 231 CARLTON AVENUE, LLC ap, ET AL., DEFENDANTS (AND A THIRDPARTY ACTION). — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, all dated August 3, 2016.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, res, v. ORLANDO VELASCO, ap

PEOPLE, res, v. ORLANDO VELASCO, ap — Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated June 8, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. STEPHEN B. (ANONYMOUS), ap

PEOPLE, ETC., res, v. STEPHEN B. (ANONYMOUS), ap — (IND. NOS. 10065/14, 1697/15)Appeals by the defendant from two judgments of the Supreme Court, Kings County (Gubbay, J.), both rendered April 6, 2015, convicting him of robbery in the second degree under Indictment No. 10065/14 and burglary in the second degree under Indictment No. 1697/15, upon his pleas of guilty, and imposing sentences. 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.


Leventhal, J.P.; Austin, Cohen, Hinds-Radix and Lasalle, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. ROGER JELINEK, ap

PEOPLE, ETC., res, v. ROGER JELINEK, ap — (IND. NO. 79452/91) Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated February 26, 1996 (People v. Jelinek, 224 AD2d 717), affirming a judgment of the County Court, Nassau County, rendered May 14, 1993.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. KEVIN R. RODRIGUEZ, ap

PEOPLE, ETC., res, v. KEVIN R. RODRIGUEZ, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 19, 2016, as a poor person, and for the assignment of counsel.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

NASSAU COUNTY SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS, pet, v. COUNTY OF NASSAU res

MATTER OF NASSAU COUNTY SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS, pet, v. COUNTY OF NASSAU res — Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit a justice of the Supreme Court, Nassau County, from determining an order to show cause returnable November 4, 2016, in an action entitled Moore v. Nassau County Society for Prevention of Cruelty to Animals, pending under Nassau County Index No. 7024/16.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

PEOPLE, ETC., res, v. CHARLES COLLINS, ap

PEOPLE, ETC., res, v. CHARLES COLLINS, ap — (IND. NO. 1051/11) Lynn W. L. Fahey, New York, NY (Dina Zloczower of counsel), for appellant.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

TIFFANY HERNANDEZ, ETC. ap, v. CITY OF NEW YORK res

TIFFANY HERNANDEZ, ETC. ap, v. CITY OF NEW YORK res — (INDEX NO. 702375/13)In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Flug, J.), entered June 5, 2015, which granted the defendants' motion for summary judgment dismissing the complaint.


Chambers, J.P.; Cohen, Maltese and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

GREGG HARTNAGEL, res, v. FTW CONTRACTING, def, METROPOLITAN FURNITURE & CONSTRUCTION CORP. ap

GREGG HARTNAGEL, res, v. FTW CONTRACTING, def, METROPOLITAN FURNITURE & CONSTRUCTION CORP. ap — (INDEX NO. 603011/13)In an action to recover damages for personal injuries, the defendants Metropolitan Furniture & Construction Corp. and Asher Benshar appeal from so much of an order of the Supreme Court, Nassau County (K. Murphy, J.), entered October 3, 2014, as denied those branches of their motion which were pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against them, or, in the alternative, to dismiss the complaint insofar as asserted against the defendant Asher Benshar, and granted the plaintiff's cross motion for leave to amend the complaint.


Chambers, J.P.; Cohen, Maltese and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

AARON Z. H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; SHOSHANNAH M. (ANONYMOUS), res; SAMUEL H. (ANONYMOUS), NONPARTY-ap

MATTER OF AARON Z. H. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, PETITIONER-res; SHOSHANNAH M. (ANONYMOUS), res; SAMUEL H. (ANONYMOUS), NONPARTY-ap — (DOCKET NO. N-25774-15) Jeffrey C. Bluth, New York, NY, for nonparty-appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SAMANTHA G. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; JOSE G.-G. (ANONYMOUS), res

MATTER OF SAMANTHA G. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; JOSE G.-G. (ANONYMOUS), res — (PROCEEDING NO. 2) (DOCKET NOS. N-29697-14, N-29698-14)Jessica Marcus, Brooklyn, NY, for respondent.


Balkin, J.P.; Hall, Lasalle and Barros, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

JDS TOWING & BATTERY CENTER, INC., pet, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES res

MATTER OF JDS TOWING & BATTERY CENTER, INC., pet, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES res — (INDEX NO. 2022/15)Proceeding pursuant to CPLR article 78, in effect, to review a determination of the New York State Department of Motor Vehicles Repair Shop Review Board dated July 29, 2015, which affirmed a decision of an Administrative Law Judge dated March 22, 2013, made after a hearing, finding that the petitioner had violated 15 NYCRR 82.5(l) and had willfully violated 15 NYCRR 82.5(b), (c), and (g), imposed a civil penalty of $550 for each violation, and suspended the petitioner's shop registration for a period of 15 days.


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

CHALA J. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap

MATTER OF CHALA J. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; CHEYANNE J. (ANONYMOUS), ap — (PROCEEDING NO. 3) (DOCKET NOS. N-6908-14, N-6909-14, N-6910-14, N-6911-14)Lisa Lewis, Brooklyn, NY, for appellant.


Mastro, J.P.; Austin, Miller and Maltese, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

R. M. (ANONYMOUS), JR. ADMINISTRATION FOR CHILDRENS SERVICES, ap; SHAQUEINA W. (ANONYMOUS), ET AL., res

MATTER OF R. M. (ANONYMOUS), JR. ADMINISTRATION FOR CHILDRENS SERVICES, ap; SHAQUEINA W. (ANONYMOUS), ET AL., res — (PROCEEDING NO. 2) (DOCKET NOS. N-20712-13, N-20713-13)Appeal by the petitioner from an order of fact-finding of the Family Court, Kings County (Elizabeth Barnett, J.), dated November 18, 2015. The order of fact-finding, after a fact-finding hearing, in effect, dismissed so much of the petitions as alleged that the respondent R. M. abused and neglected the subject children.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

LORETTA HALSTEAD, res, v. DENISE KILLORAN, ap

MATTER OF LORETTA HALSTEAD, res, v. DENISE KILLORAN, ap — (PROCEEDING NO. 2) (DOCKET NOS. V-16081-11, V-16352-11)Appeal by the mother from an order of the Family Court, Suffolk County (Martha Luft, J.), dated December 18, 2015. The order, after a hearing, granted the petitioners' separate petitions to modify the parties' so-ordered stipulation dated May 12, 2014, which had granted the mother unsupervised visitation with the subject children, and directed that the mother have only supervised visitation with the subject children without setting forth a supervised visitation schedule.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

WELLS FARGO BANK, N.A., ETC., res, v. DORON EITANI def, DAVID COHAN, ap

WELLS FARGO BANK, N.A., ETC., res, v. DORON EITANI def, DAVID COHAN, ap — (INDEX NO. 507424/13)APPEAL by the defendant David Cohan, in an action to foreclose a mortgage, from an order of the Supreme Court (Gloria M. Dabiri, J.), dated July 30, 2014, and entered in Kings County, which denied his motion pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred.


Eng, P.J.; Leventhal, Chambers, Maltese and Duffy, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

D. S. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; SHAQUEINA W. (ANONYMOUS), ET AL., res

MATTER OF D. S. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ap; SHAQUEINA W. (ANONYMOUS), ET AL., res — (PROCEEDING NO. 1) (DOCKET NOS. N-20712-13, N-20713-13)Appeal by the petitioner from an order of fact-finding of the Family Court, Kings County (Elizabeth Barnett, J.), dated November 18, 2015. The order of fact-finding, after a fact-finding hearing, in effect, dismissed so much of the petitions as alleged that the respondent R. M. abused and neglected the subject children.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ANDREW GONSALVES, plf, v. 35 W. 54 REALTY CORP., DEFENDANT THIRDPARTY plf-res, ET AL., def; GEIGER CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT THIRD-PARTY def

ANDREW GONSALVES, plf, v. 35 W. 54 REALTY CORP., DEFENDANT THIRDPARTY plf-res, ET AL., def; GEIGER CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT THIRD-PARTY def — (ACTION NO. 1)


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

SHAHAZAD M. RASHEED, plf, v. 35 W. 54 REALTY CORP., DEFENDANT THIRD-PARTY plf-res, ET AL., def; GEIGER CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT THIRD-PARTY def

SHAHAZAD M. RASHEED, plf, v. 35 W. 54 REALTY CORP., DEFENDANT THIRD-PARTY plf-res, ET AL., def; GEIGER CONSTRUCTION COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT THIRD-PARTY def — (ACTION NO. 2)


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

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

DONNA SPENCER, res, v. DENISE KILLORAN, ap

MATTER OF DONNA SPENCER, res, v. DENISE KILLORAN, ap — (PROCEEDING NO. 1) (DOCKET NOS. V-16081-11, V-16352-11)Appeal by the mother from an order of the Family Court, Suffolk County (Martha Luft, J.), dated December 18, 2015. The order, after a hearing, granted the petitioners' separate petitions to modify the parties' so-ordered stipulation dated May 12, 2014, which had granted the mother unsupervised visitation with the subject children, and directed that the mother have only supervised visitation with the subject children without setting forth a supervised visitation schedule.


Leventhal, J.P.; Roman, Sgroi and Connolly, JJ.

SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

ALIYAH J. (ANONYMOUS), ap

MATTER OF ALIYAH J. (ANONYMOUS), ap — (DOCKET NO. D-386-15)Rhonda R. Weir, Brooklyn, NY, for appellant.


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