http://www.newyorklawjournal.com/decisions.jsp The editors of the New York Law Journal review lower court and appellate rulings from all state and federal New York courts and provide summaries and contextual reports on the decisions of interest that affect the practice of law in New York. en-us Sat, 25 May 2013 11:55:54 EDT Copyright 2013. ALM Media Properties, LLC. All rights reserved. http://www.law.com/jsp/law/terms.jsp http://www.law.com/img/nylj_10/nylj_rss_icon.png http://www.newyorklawjournal.com/decisions.jsp Texas Firm Not Subject to Jurisdiction In New York Over Contract Breach Suit http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601575739 1202601380807 SUNY Can Use Prior Poor Teaching Reviews To Impeach Instructor in Discrimination Suit http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601575811 1202601379531 Commission's Affirmance of Petitioner's Disqualification From NYPD Rational, Upheld http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601578143 1202601379571 NYCHA Granted Dismissal of Employee's Suit To Restore Benefits as Barred by Res Judicata http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601578076 1202601378015 Parent's Objection to Admission to Portions Within Exhibits Granted in Part, Denied in Part http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601583979 1202601377977 Assignee Denied Preclusion for Defendant's Failure to Respond to Improper Notice to Admit http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601577053 1202601378087 Uniform Act Complied With, New Jersey Court's Decision Adopted; Motion to Quash Denied http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601577085 1202601377562 Plaintiff to Travel to New York for Further Independent Medical Exam at Own Expense http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601578111 1202601376851 Confirmation of $21 Million Arbitral Award For Coal Delivery Contracts' Breach Explained http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601575867 1202601376927 Nonparty to London Arbitral Award Cannot Modify Award To Be Named Its Beneficiary http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601575900 1202601376891 Panel Did Not Exceed Authority by Expressing Rebate Calculation in Dollars, Not 'Pip' Value http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601575969 1202601376403 Magistrate Recommends Dismissal of Inmate's Suit http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601559532 1202601559532 Inmate's Suit Over Cell Conditions Dismissed by District Court http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601559464 1202601559464 Mistrial Did Not Trigger Double Jeopardy, Panel Says http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558608 1202601558608 Rape Conviction Is Upheld Despite Trial Testimony on Earlier Acts http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558686 1202601558686 Circuit Says 2nd Amendment Not Infringed by U.S. Gun Law http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558646 1202601558646 U.S. Judge Halts Shipping of Untaxed Cigarettes http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558572 1202601558572 Housing Court Grants Eviction of Ousted Members From Arts Club http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558533 1202601558533 Circuit Reinstates Lawsuit by Inmate Over Cell Conditions http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601558493 1202601558493 Insurer Is Neutral Stakeholder Faced With Competing Claims, But Is Denied Legal Costs http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386252 1202601216722 Former State Trooper's Equal Pay Act Violation Claim Satisfies Threshold Set Out in 'Belfi' http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386124 1202601216762 Court Finds Sufficient Similarities Exist To Warrant Consolidation of Four Actions http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386284 1202601216688 Tenants Fail to Establish Proximate Cause Element in Mold Infestation Action http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386348 1202601215285 Court Uses Cy Pres Power, Approves Trustee's Proposed Distribution to Institutions http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386092 1202601215361 Defendant's Claims of Ineffective Assistance Of Counsel Rejected; Vacatur Denied http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386380 1202601215321 Insurer May Maintain Suit as Insured's Subrogee Despite Paying Benefits to Others http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386220 1202601214803 Failure to Show Required Elements Of Contract Breach Grants Dismissal of Suit http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386188 1202601214928 Court Rejects Claim Detention After Parole's Grant Violated Due Process, Equal Protection http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386316 1202601214843 Lack of 'Edge Act' Jurisdiction Leads to Vacatur Of April 3 Order Granting Summary Judgment http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386060 1202601214769 Service of Reply Reports Not Warranted; Rebuttal Reports Did Not Raise New Matters http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601386156 1202601213382 County Wins Dismissal of Suit Over Police Shooting http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601376566 1202601376566 Guardian Who Delayed Final Account Must Pay Referee Fee http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601376604 1202601376604 MARTA LUZ RINCON, ap, v. A.C. DUSENBURY, ET AL., res — (INDEX NO. 13696/09)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered November 29, 2011, which granted the defendants' motion for summary judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626208 1202601626208 EARNEST WRENN, ap, v. VERIZON, res — (INDEX NO. 24063/10)Sandra D. Frelix, New York, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630477 1202601630477 SHELDON SEIDMAN, res, v. INDUSTRIAL RECYCLING PROPERTIES, INC., APPELLANT def — (INDEX NO. 2059/05)Jonathan A. Stein, P.C., Cedarhurst, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630435 1202601630435 DARYL SEALY, res, v. CLIFTON, LLC ap — (FILE NO. 174/07)In an action, inter alia, to dissolve the defendant Clifton, LLC, and for an accounting, which was transferred from the Supreme Court, Kings County, to the Surrogate's Court, Kings County, to be heard in conjunction with a related turnover proceeding, the defendants appeal from so much of an order of the Surrogate's Court, Kings County (Cutrona, A.S.), dated June 13, 2011, as granted those branches of the plaintiff's motion which were, in effect, for summary judgment determining that the defendant Clifton, LLC, is dissolved, and on the third cause of action in the amended complaint for an accounting. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630393 1202601630393 BARBARA SAWICKI, plf-res, v. GAMESTOP CORP. def-res, WESTFIELD MANAGEMENT, INC. APPELLANTS def — (INDEX NO. 014458/09)The Law Offices of Richard J. DaVolio, P.C., Sayville, N.Y., for appellants. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630351 1202601630351 MILAGROS SALCEDO, ap, v. WENG QU JU RESPONDENTS DEFENDANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 6354/09)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), dated December 7, 2011, which granted the motion of the defendants Weng Qu Ju and Weng Hau Yin for summary judgment dismissing the complaint insofar as asserted against them. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630309 1202601630309 ARTHUR RUESCH, ap, v. WENDY RUESCH, res — (INDEX NO. 203196/10) In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated June 25, 2012, as, upon granting that branch of his motion which was to hold the defendant in civil contempt for violation of a so-ordered stipulation of the same court dated February 15, 2012, suspended maintenance payments and imposed a fine in the sum of $250 per day upon the defendant only prospectively, commencing June 26, 2012, until she purged her contempt, and denied that branch of his motion which was for an award of an attorney's fee. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601630248 1202601630248 PEOPLE, ETC., plf, v. PABLO ARPI, def — (IND. NO. 09-177)Pablo Arpi, Ossining, N.Y., defendant pro se. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629671 1202601629671 PEOPLE, res, v. BAURZHAN KACHATOV, ap — Steven Banks, New York, N.Y. (Michael C. Taglieri of counsel), for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629629 1202601629629 U.S. BANK NATIONAL ASSOCIATION, ETC., ap, v. LISA ANN PIA RESPONDENTS (AND A THIRD-PARTY ACTION). (INDEX NO. 976/07)In an action to foreclose a mortgage, the plaintiff appeals from an order and interlocutory judgment (one paper) of the Supreme Court, Putnam County (Nicolai, J.), dated October 19, 2011, which, inter alia, after a framed-issue hearing, is in favor of the defendants and against it on the defendants' counterclaim for rescission of the subject loan agreement pursuant to the Federal Truth in Lending Act (15 USC §1601 et seq.) and awarded attorney's fees to the defendants. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629587 1202601629587 PEOPLE, ETC., res, v. TIMOTHY RICHARDSON, ap — (IND. NO. 10-00995)Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered April 13, 2011, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629545 1202601629545 PEOPLE, ETC., res, v. BRANDON MCFADDEN, ap — (IND. NO. 10441/08) Lynn W. L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629503 1202601629503 BRUCE CAREY res-ap, v. FIVE BROTHERS, INC. APPELLANTS-res, ET AL., DEFENDANT (AND THIRD-PARTY ACTIONS). (INDEX NO. 31980/07)In an action to recover damages for personal injuries, etc., the defendants Five Brothers, Inc., J. Petrocelli Contracting, Inc., and Darr Contracting Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated November 21, 2011, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them, the defendants HK New Plan Marwood Sunshine Cheyenne, LLC, New Plan Excel Realty Trust, Inc., Stop & Shop Supermarket Company, Stop & Shop Food Stores, Inc., and Stop & Shop, Inc., separately appeal, as limited by their brief, from so much of the same order as denied that branch of their cross motion which was for summary judgment dismissing the complaint insofar as asserted against them, and the plaintiffs cross-appeal, as limited by their brief, from so much of the same order as denied their motion for summary judgment on the issue of liability on the causes of action alleging violations of Labor Law §§ 240(1) and 241(6). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629461 1202601629461 ANTHONY PARISE, res, v. GREEN CHIMNEYS CHILDRENS SERVICES, INC., ap — (INDEX NO. 77/10)Christopher X. Maher, Esq., LLC, Carmel, N.Y., for respondent. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629419 1202601629419 Decided: May 21, 2013 http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629379 1202601629379 PEOPLE, ETC., res, v. MAURICE WALLACE, ap — (IND. NO. 2664-08) Matthew Muraskin, Port Jefferson, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629337 1202601629337 9 BROTHERS BUILDING SUPPLY CORP., res, v. THERESA BUONAMICIA, def, DIEGO CUERVO, ap — (INDEX NO. 11469/00)In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant Diego Cuervo appeals from an order of the Supreme Court, Suffolk County (Mayer, J.), dated May 6, 2011, which denied his motion to vacate a prior order of the same court dated April 27, 2009, granting the plaintiff's application, in effect, pursuant to 22 NYCRR 202.27 to strike his answer and for judgment against him upon his default in appearing at a conference, and setting the matter down for an inquest. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629295 1202601629295 GARY FROMOWITZ, res, v. W. PARK ASSOCIATES, INC., d/b/a WEST PARK ASSOCIATES, INC., ET AL., ap — (INDEX NO. 26523/09)In an action to recover damages for fraudulent inducement, fraud, and breach of contract, the defendants appeal, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated August 5, 2011, which affirmed an order of the District Court, Nassau County (Phoenix, J.), dated February 22, 2010, denying those branches of their motion which were pursuant to CPLR 3211(a)(7) to dismiss the first and second causes of action. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629253 1202601629253 LINNETTE MOSES, ap, v. T-MOBILE res — (INDEX NO. 12837/09)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (McDonald, J.), entered November 9, 2011, as granted that branch of the cross motion of the defendants 5 Towns Realty Corp., ISJ Management Corp., and Rockaway Realty Associates, L.P., which was for summary judgment dismissing the complaint insofar as asserted against them, and, in effect, upon searching the record, awarded summary judgment to the defendant T-Mobile dismissing the complaint insofar as asserted against it. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629211 1202601629211 MATTER OF CARLA ANN KIDNEY, FORMERLY KNOWN AS CARLA ANN RADIGAN, res, v. MICHAEL DANIEL RADIGAN, ap — (PROCEEDING NO. 2) (DOCKET NOS. V-3914/3915-10/10A, V-4930/4931-10/10A)Stanley M. Ackert III, Claverack, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629169 1202601629169 MARYANN PELUSO ap, v. RED ROSE RESTAURANT, INC. res — (INDEX NO. 10799/07)In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Silber, J.), dated November 10, 2011, which granted the defendants' motion for summary judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629127 1202601629127 LYNN KLOEPFER, ap, v. PANTELIS ASLANIS res — (INDEX NO. 2464/10) In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Golia, J.), dated February 23, 2012, as granted the defendants' motion for summary judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629085 1202601629085 INTER-RECO, INC., res, v. LAKE PARK 175 FROEHLICH FARM, LLC ap — (INDEX NO. 14740/11)Ira Levine, Great Neck, N.Y., for respondent. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629043 1202601629043 DINO ALBERTO CHIRCO, ETC ap, v. CITY OF LONG BEACH, res — (INDEX NO. 4551/09)In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Sher, J.), entered November 19, 2010, which granted the defendant's motion for summary judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601629001 1202601629001 DEBRA ROTHBERG, ap, v. JEFFREY MARC KAUFMAN, ET AL., RESPONDENTS def — (INDEX NO. 54966/11) In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated December 5, 2011, which granted the motion of the defendants Jeffrey Marc Kaufman and Jeffrey M. Kaufman Architects, LLC, pursuant to CPLR 7503(a) to compel arbitration and stay all proceedings in this action. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628959 1202601628959 AMAL SPERO, ap, v. AWASTHI LIMITED PARTNERS, ET AL., res — (INDEX NO. 102895/08)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Aliotta, J.), dated October 4, 2011, which denied her motion pursuant to CPLR 4404(a) to set aside a jury verdict finding that the defendants were negligent, but that their negligence was not a substantial factor in causing the subject accident, as contrary to the weight of the evidence and for a new trial. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628917 1202601628917 ANDREW NOLAN, ap, v. IRWIN CONTRACTING, INC., res — (INDEX NO. 27744/09)In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Pitts, J.), entered January 17, 2012, which, upon an order of the same court dated November 21, 2011, granting the defendant's motion for summary judgment dismissing the complaint, is in favor of the defendant and against him, dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628875 1202601628875 MYRNA DAWN FELSHMAN, ap, v. DOROTHY YAMALI, ET AL., res — (INDEX NO. 9656/11)In an action, inter alia, to set aside certain conveyances as fraudulent pursuant to Debtor and Creditor Law §§273, 273-a, and 276, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), entered November 28, 2011, as granted those branches of the defendants' motion which were pursuant to CPLR 3211(a) (5) to dismiss the first, second, third, fourth, fifth, sixth, ninth, and tenth causes of action, and pursuant to CPLR 3211(a)(7) to dismiss the eighth cause of action. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628775 1202601628775 PEOPLE, ETC., res, v. LUIS RIOS, ap — (IND. NO. 2051-09)Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628733 1202601628733 ROCHELLE STERN, ap, v. RIVER MANOR CARE CENTER, INC. res — (INDEX NO. 33528/08)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated July 13, 2012, which granted the defendants' motion for summary judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628691 1202601628691 MATTER OF TERESA L. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res; TINA L. (ANONYMOUS), ETC., ap — (DOCKET NO. N-1738-11)In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Richmond County (Wolff, J.), dated February 6, 2012, which, after a hearing, found that she neglected the subject child. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628653 1202601628653 PEOPLE, ETC., res, v. JEFFREY MATISTA, ap — (IND. NO. 2148/06) Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Aloise, J.), imposed February 24, 2009, on the ground that the sentence was excessive. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628611 1202601628611 MATTER OF IRENE B. MARSH, DECEASED. BANK OF NEW YORK, ETC., APPELLANT-res; LOS ANGELES COUNTY PUBLIC ADMINISTRATOR, AS LIMITED ADMINISTRATOR OF THE ESTATE OF ADRIENNE MARSH LEFKOWITZ, RESPONDENT-ap; MCCARTHY FINGAR LLP, NONPARTY-APPELLANT-res — (FILE NO. 1606/90) In a probate proceeding in which the executor of the estate of Irene B. Marsh petitioned for the judicial settlement of its final and supplemental accounts, (1) the petitioner and the nonparty McCarthy Fingar LLP, appeal, as limited by their notice of appeal and brief, from so much of a decree of the Surrogate's Court, Westchester County (Scarpino, Jr., S.), dated June 5, 2009, as, upon a decision of the same court dated April 16, 2009, made after a nonjury trial, granted certain objections of the objectant, Adrienne Marsh Lefkowitz, to the extent of directing the petitioner to pay (a) the objectant a surcharge pertaining to the petitioner's handling of the decedent's tangible personal property in the sum of $274,855 plus 9 percent interest from July 22, 1996, less certain amounts, (b) the objectant a surcharge in the amount of 9 percent interest on certain distributions the petitioner made to a sub-account f/b/o Adrienne Marsh Lefkowitz less any interest actually earned and paid to the objectant, and (c) a surcharge in the amount of 9 percent interest on certain disallowed legal fees which the nonparty McCarthy Fingar LLP, was directed to repay to the estate or to the objectant; the Los Angeles County Public Administrator, as limited administrator of the estate of the objectant, Adrienne Marsh Lefkowitz, cross-appeals from stated portions of the same decree which, inter alia, denied her objections to the payment of commissions to the petitioner, and (2) the petitioner appeals from so much of an amended decree of the same court dated October 6, 2009, as amended the decree by deleting the fourth decretal paragraph thereof and substituting therefor a provision directing the petitioner to pay the objectant a surcharge pertaining to the petitioner's handling of the decedent's tangible personal property in the sum of $274,855 plus 9 percent interest from July 22, 1996, less certain amended amounts. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628573 1202601628573 JOSEPH LAMASSA, ap, v. ELIZABETH LAMASSA, res — (INDEX NO. 5509/96) In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (de Grimston, Ct. Atty. Ref.), dated February 2, 2012, as, after a hearing, denied his motion, in effect, to modify a stipulation of settlement by reducing the amount of child support and cancelling child support arrears, granted that branch of the defendant's cross motion which was to modify a qualified domestic relations order by adding a provision thereto equitably distributing the marital portion of a variable supplement fund, and granted the defendant's separate cross motion for an award of an attorney's fee. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628531 1202601628531 PEOPLE, ETC., res, v. XAO HE LU, ap — (IND. NO. 9944/95)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 26, 1999 (People v. Xao He Lu, 260 AD2d 997), affirming a sentence of the Supreme Court, Kings County, imposed October 25, 1996. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628489 1202601628489 MATTER OF NIVIA L. C. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, res; SHANI C. (ANONYMOUS), ap — (DOCKET NO. N-66-12)Del Atwell, East Hampton, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628451 1202601628451 MATTER of Anthony C. Donofrio, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, pet; Anthony C. Donofrio, res — (Attorney Registration No. 2386456)Motion by the respondent to stay so much of an opinion and order of this Court dated January 9, 2013, as, inter alia, suspended him from the practice of law for a period of two years pending determination of his appeal from the opinion and order to the Court of Appeals. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990. By opinion and order of this Court dated January 9, 2013, inter alia, the respondent was suspended from the practice of law for a period of two years, commencing February 8, 2013 (see Matter of Donofrio, 104 AD3d 64). By decision and of this Court dated March 22, 2013, the effective date of the respondent's suspension was extended until April 22, 2013. Pursuant to a temporary restraining order issued by this Court in an dated April 22, 2013, inter alia, the respondent's suspension was temporarily stayed pending determination of this motion. By order entered April 25, 2013, the Court of Appeals dismissed the respondent's appeal. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628413 1202601628413 MATTER OF HERTZ CORPORATION, ap, v. LASHAWN HOLMES, res, TRAVELERS INSURANCE COMPANY PROPOSED ADDITIONAL res — (INDEX NO. 7727/12)In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated June 28, 2012, which denied that branch of the petition which was to temporarily stay arbitration of the supplementary uninsured motorist claim pending a framed-issue hearing, in effect, denied that branch of the petition which was for joinder of the proposed additional respondents, Travelers Insurance Company and Precious Morrison, and, in effect, denied the branch of the petition which was for a permanent stay of arbitration and dismissed the proceeding. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628368 1202601628368 PEOPLE, ETC., res, v. CLIFTON L. SEYMORE, ap — (IND. NO. 2037-07)Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered July 2, 2008, convicting him of attempted murder in the second degree, assault in the first degree, aggravated criminal contempt, criminal contempt in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628326 1202601628326 MATTER OF KEVIN RADDAY, ap, v. MARGARET MCLOUGHLIN, res — (DOCKET NO. F-2398-08)In a child support proceeding pursuant to Family Court article 4, the father appeals from an order of the Family Court, Orange County (Kiedaisch, J.), entered May 15, 2012, which granted the mother's objections to an order of the same court (Krahulik, S.M.), entered February 15, 2012, which, after a hearing, granted the father's petition for upward modification of child support, and vacated the order dated February 15, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628284 1202601628284 PEOPLE, ETC., res, v. TERRY YOUMANS, ap — (IND. NO. 1897/09)Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Gulotta, Jr., J.), rendered January 19, 2011, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628242 1202601628242 MATTER OF JOSEPH PALERMO, res, v. DARIUSZ WINNICKI, ETC., ap — (INDEX NO. 24990/11)Dariusz Winnicki, Paramus, N.J., appellant pro se. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628197 1202601628197 DAVID SOTO, ap, v. ELMBACK OWNERS, LLC res — (INDEX NO. 28495/08) In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Rosengarten, J.), entered November 22, 2011, which denied his motion pursuant to CPLR 4404(a) to set aside, as contrary to the weight of the evidence, a jury verdict in favor of the defendants on the issue of damages finding that the subject accident was not a substantial factor in causing his injury, and (2) a judgment of the same court entered January 4, 2012, which, upon the jury verdict and upon the order, is in favor of the defendants and against him dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628141 1202601628141 MATTER OF MICHAEL DANIEL RADIGAN, ap, v. CARLA ANN KIDNEY, FORMERLY KNOWN AS CARLA ANN RADIGAN, res — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628091 1202601628091 GALO MONCAYO ap, v. CURTIS PARTITION CORPORATION res — (INDEX NO. 5971/10)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, Queens County (Pineda-Kirwan, J.), entered November 7, 2011, as denied that branch of their motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1), and granted those branches of the defendants' cross motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law §240(1) and a violation of Labor Law §241(6) insofar as predicated upon an alleged violation of 12 NYCRR 23-1.7(a). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628049 1202601628049 PII SAM, LLC, res, v. VINCENT MAZZURCO, APPELLANT def — (INDEX NO. 5297/07)Harvey Sorid, Uniondale, N.Y. (Melissa Montenes of counsel), for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601628007 1202601628007 JAMES DIAS ap, v. NORTH TRUE CONSTRUCTION MANAGEMENT, LLC, def, SOUTH 4TH STREET CONDOS, LLC, res — (INDEX NO. 14062/09)In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Sweeney, J.), dated May 25, 2012, which granted the motion of the defendant South 4th Street Condos, LLC, to vacate, as against that defendant, a default judgment of the same court (Spodek, J.) dated January 25, 2010, entered, inter alia, upon that defendant's failure to appear or answer the complaint, and, thereupon, vacated, as against the defendant South 4th Street Condos, LLC, a judgment of the same court dated December 15, 2010. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627958 1202601627958 NICHOLAS MARKESINIS, ap, v. RONI J. JAQUEZ, ET AL., res — (INDEX NO. 10003/11)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 25, 2012, which denied his motion for summary judgment on the issue of liability. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627916 1202601627916 METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, AS SUBROGEE OF JOE MCLAUGHLIN, ap, v. CLAUDIOS CONSTRUCTION AND HOME IMPROVEMENTS, res — (INDEX NO. 23730/08)Steven I. Hilsenrath, Valley Stream, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627874 1202601627874 YVAN LEMOINE, res, v. STEINWAY FITNESS GROUP, LLC ap — (INDEX NO. 29340/09)In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Queens County (Nahman, J.), entered December 22, 2011, which, upon, inter alia, a jury verdict awarding the plaintiff damages in the principal sums of $20,000 for past pain and suffering, $140,000 for future pain and suffering, and $5,000 for past medical expenditures, is in favor of the plaintiff and against them in the principal sum of $165,000. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627780 1202601627780 EFSTATHIOS VALIOTIS, res, v. DEMETRIOS BEKAS, APPELLANT def — (INDEX NO. 23426/10)Demetrios Bekas, Bayside, N.Y., appellant pro se. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627738 1202601627738 KAREN STEPHENS, res, v. U.S.A. GENERAL CONTRACTORS CORP. APPELLANTS def — (INDEX NO. 2357/05)In an action to recover damages for personal injuries, the defendants U.S.A. General Contractors Corp. and Dormitory Authority of the State of New York appeal from an order of the Supreme Court, Queens County (Kerrigan, J.), dated May 17, 2012, which denied the motion of the defendant U.S.A. General Contractors Corp. pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the plaintiff and against that defendant on the issue of liability and for judgment as a matter of law, or, in the alternative, to set aside the verdict as contrary to the weight of the evidence and for a new trial against that defendant on the issue of liability. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627696 1202601627696 GREYSTONE STAFFING, INC., ap, v. WENDY WARNER, res — (INDEX NO. 4355/12)In an action for injunctive relief and to recover damages for breach of a covenant not to compete, the plaintiff appeals from an order of the Supreme Court, Nassau County (Driscoll, J.), dated May 21, 2012, which denied its motion, in effect, for a preliminary injunction. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627650 1202601627650 MATTER OF WENDY PERAU, ap, v. THOMAS ROSS, res — (DOCKET NOS. V-11037-10, V-11038-10, V-11494-10, V-11495-10)In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Katz, J.), dated January 20, 2012, as, after a hearing, and upon awarding her sole custody of the parties' two children, denied that branch of her petition which was for leave to relocate to Florida with the parties' two children. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627541 1202601627541 MATTER OF JOSEPH J. (ANONYMOUS). BERTHILIO OCTAVIA J. N. (ANONYMOUS), PETITIONER-res; RITE CAPITAL GROUP, LLC, NONPARTYap; JOSEPH J. (ANONYMOUS) NONPARTY-RESPONDENTS (AND OTHER TITLES). (INDEX NO. 100164/11)In a guardianship proceeding pursuant to Mental Hygiene Law article 81, in which Vera Institute of Justice, Inc., Guardianship Project was appointed as guardian for the personal needs and property management of Joseph J., an incapacitated person, nonparty Rite Capital Group, LLC, appeals from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated September 13, 2012, which granted that branch of the guardian's motion which was to consolidate the guardianship proceeding with an action entitled J. (Anonymous) v. J. (Anonymous), pending in the Supreme Court, Kings County, under Index No. 18255/08, an action entitled Sterling Real Estate Holding, LLC v. 293 Adelphi, LLC, pending in the same court under Index No. 30375/08, and an action entitled J. (Anonymous) v. J. (Anonymous), pending in the same court under Index No. 16535/10 and, in effect, thereupon granted that branch of the guardian's motion which was to assign the consolidated matter to Justice Baily-Schiffman in the Supreme Court, Kings County. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627489 1202601627489 MATTER OF CATHERINE A. GORMAN, PETITIONER-res, v. KATHLEEN M. RICE, ETC., APPELLANT res — (INDEX NO. 8279/10)In a proceeding, inter alia, pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v. Gorman, pending in the District Court, Nassau County, under Docket No. 2006NA016493, on the ground that the retrial would violate the prohibition against double jeopardy, Kathleen M. Rice appeals (1) from a judgment of the Supreme Court, Nassau County (Winslow, J.), dated August 16, 2010, which, in effect, granted the petition to the extent of dismissing the action pending against the petitioner under Docket No. 2006NA016493, and barring prosecution of the petitioner on the charges enumerated in the indictment in that action, and (2), as limited by her brief, from so much of an order of the same court dated February 23, 2012, as, upon reargument, adhered to the original determination. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627405 1202601627405 PEOPLE, ETC., res, v. ANDRE NICHOLAS, ap — (IND. NO. 855/10)Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered May 18, 2011, convicting him of criminal possession of stolen property in the fourth degree (two counts), criminal possession of stolen property in the fifth degree, identity theft in the second degree, false personation, attempted tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, unlawful possession of marijuana, and smoking tobacco in an enclosed area within a public place in violation of Administrative Code of City of New York §§17-503(a)(6) and 17-508(d), upon a jury verdict, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627312 1202601627312 MATTER OF RENITA SMITH, ap, v. DANIEL BRENNER, ETC. res — (INDEX NO. 557/12)Wolin & Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627222 1202601627222 COUNTY OF SUFFOLK, res, v. JAMELL GIVENS APPELLANTS def — (INDEX NO. 13978/09)In an action for the determination of claims to real property pursuant to RPAPL article 15, the defendants Jamell Givens and Hudson City Bancorp, Inc., doing business as Hudson City Savings Bank appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated June 23, 2010, which granted the plaintiff's motion for a preliminary injunction enjoining them from leasing the subject property. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627180 1202601627180 NORA DESIMONE res, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION ap — (INDEX NO. 1163/11) In an action to recover damages for personal injuries, etc., the defendant New York City Department of Transportation appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated February 9, 2012, as granted the plaintiffs' motion pursuant to CPLR 306-b for leave to extend the time to serve the summons and amended complaint on the defendant Henrique Thompson and for leave to amend the amended complaint to add the City of New York as a defendant, and denied its cross motion to dismiss the complaint and amended complaint insofar as asserted against the defendant Henrique Thompson for lack of personal jurisdiction, and the defendant Henrique Thompson appeals from the same order. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627110 1202601627110 MADALENA MOREIRA, ap, v. M.K. TRAVEL AND TRANSPORT, INC. res — (INDEX NO. 12428/11)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lane, J.), dated July 13, 2012, which denied her motion for summary judgment on the issue of liability and granted the defendants' cross motion to compel her to provide authorizations for the release of her mental health records. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627068 1202601627068 AARON GILMAN, ETC. res, v. OCEANSIDE UNION FREE SCHOOL DISTRICT, ap — (INDEX NO. 2820/10) In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated July 30, 2012, as denied that branch of its motion which was for summary judgment dismissing the cause of action alleging negligent supervision. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601627026 1202601627026 PEOPLE, ETC., res, v. CLIFTON FAIRWEATHER, ap — (IND. NO. 1089/06) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered December 14, 2010, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence. 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. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626929 1202601626929 MATTER OF MEGAN HOLOHAN, ap, v. TIMOTHY LEVENS, res — (INDEX NO. V-4231/07)Matthew M. Lupoli, Flushing, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626887 1202601626887 NANCY DEPUTRON, ap, v. A & J TOURS, INC., ET AL., RESPONDENTS DEFENDANT (AND A THIRD-PARTY ACTION). (INDEX NO. 10539/08)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (McDonald, J.), dated May 29, 2012, as granted those branches of the separate motions of the defendants A & J Tours, Inc., and ABC Companies which were for summary judgment dismissing the complaint insofar as asserted against each of them. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626845 1202601626845 DAVID BERRY res-ap, v. RANDOLPH L. WILLIAMS, ETC. APPELLANTS-res — (INDEX NO. 4973/00)In an action, inter alia, to recover damages for breach of contract, (1) the defendants appeal (a), as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated June 7, 2012, as, upon remittitur from this Court by decision and order dated September 13, 2011 (see Berry v. Williams, 87 AD3d 958), in effect, denied that branch of their cross motion which was for the entry of an amended judgment which included a calculation of the amount of interest due and owing with respect to each of the principal sums owed and a calculation of the total amount due and owing after calculation of the interest and after taking into account any sums already disbursed by and to the parties, and (b) from an amended judgment of the same court, also dated June 7, 2012, which, upon the order dated June 7, 2012, inter alia, failed to include a calculation of the amount of interest due and owing and failed to specify the total amount due and owing after calculation of the interest and after taking into account any sums already distributed by and to the parties, and (2) the plaintiffs cross-appeal (a) from stated portions of the order dated June 7, 2012, and (b) from the amended judgment dated June 7, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626803 1202601626803 PEOPLE, ETC., res, v. FREDERICK ROGERS, ap — (IND. NO. 2844/09) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered December 8, 2010, convicting him of criminal possession of a weapon in the second degree (two counts) and a parking violation pursuant to 34 RCNY 4-08(F) (1), upon a jury verdict, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626703 1202601626703 BRUCE MARLEY, res, v. BARBARA MARLEY, ap — (INDEX NO. 4655/09) Annette G. Hasapidis, South Salem, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626661 1202601626661 GREYSTONE STAFFING, INC., ap, v. JESSA NIEMEYER, res — (INDEX NO. 4356/12)In an action for injunctive relief and to recover damages for breach of a covenant not to compete, the plaintiff appeals from an order of the Supreme Court, Nassau County (Driscoll, J.), dated May 21, 2012, which denied its motion, in effect, for a preliminary injunction. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626619 1202601626619 MATTER OF RICHARD G. KRAUSE ap, v. JOANN PICCOZZI, ETC. res — (INDEX NO. 35379/10)Donald J. King, Kings Park, N.Y., for appellants. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626577 1202601626577 PEOPLE, ETC., res, v. HAKIM B. SCOTT, ap — (IND. NO. 12515/08) Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered August 5, 2010, convicting him of manslaughter in the first degree and attempted assault in the first degree, upon a jury verdict, and sentencing him to a determinate term of imprisonment of 25 years plus a period of 5 years of postrelease supervision on the conviction of manslaughter in the first degree and a determinate term of imprisonment of 12 years plus a period of 5 years of postrelease supervision on the conviction of attempted assault in the first degree, to run consecutively. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626535 1202601626535 SPECIALIZED REALTY SERVICES, LLC, ap, v. TOWN OF TUXEDO res — (INDEX NO. 9364/07)In an action , inter alia, for a judgment declaring that the plaintiff's real property is exempt from certain land-use and building code regulations, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated October 25, 2011, which denied its motion for leave to renew its opposition to that branch of the defendants' motion which was for summary judgment, which had been granted in an order of the same court dated July 14, 2009, and pursuant to CPLR 5015(a) (2) and (3) to vacate a judgment of the same court dated August 4, 2009, which, upon the order dated July 14, 2009, is in favor of the defendants and against it, in effect, declaring, among other things, that the subject real property is not exempt from the relevant land-use and building code regulations. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626493 1202601626493 MATTER OF SELENA S. (ANONYMOUS), a/k/a SELENA B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, ET AL., RESPONDENTS; EDWARD J. B. (ANONYMOUS), a/k/a EDWARD B. (ANONYMOUS), a/k/a EDWARD B. (ANONYMOUS), SR., ap — (APPEAL NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626455 1202601626455 PEOPLE, ETC., res, v. MATTHEW EASTMENT, ap — (IND. NO. 3696-07)Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered January 14, 2009, convicting him of burglary in the third degree and criminal trespass in the third degree, after a nonjury trial, and imposing sentence. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626413 1202601626413 PATRICIA WARMHOLD, ETC., res, v. MICHAEL ZAGARINO, def, COUNTRYWIDE FINANCIAL CORPORATION ap — (INDEX NO. 12022/08)Marjory Cajoux, Brooklyn, N.Y., for respondent. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626371 1202601626371 ABDUL WAHAB, plf-res, v. AGRIS & BRENNER, LLC DEFENDANTS THIRDPARTY PLAINTIFFS-ap; ATLANTIC CONTRACTING, LLC, THIRD-PARTY def-res — (INDEX NO. 27893/08)In an action to recover damages for personal injuries, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Queens County (Lane, J.), dated November 30, 2011, which granted the separate motions of the plaintiff and the third-party defendant pursuant to CPLR 2304 to quash a subpoena duces tecum served by the defendants third-party plaintiffs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626326 1202601626326 MATTER OF EDWARD J. B. (ANONYMOUS), JR., a/k/a EDWARD B. (ANONYMOUS), JR., a/k/a EDWARD B. (ANONYMOUS), a/k/a EDWARD S. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES RESPONDENTS; EDWARD J. B. (ANONYMOUS), a/k/a EDWARD B. (ANONYMOUS), a/k/a EDWARD B. (ANONYMOUS), SR., ap — (APPEAL NO. 2) (DOCKET NOS. B-7676-09, B-7677-09)Lisa Lewis, Brooklyn, N.Y., for appellant. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626288 1202601626288 MATTER OF DOMINICK CINCOTTA, DECEASED. DOROTHY PERRY CINCOTTA, ap; ROBERT CINCOTTA, ET AL., res — (FILE NO. 4818/02)In a probate proceeding in which Dorothy Perry Cincotta, as executor of the Estate of Dominick Cincotta, petitioned to settle her account, the petitioner appeals, as limited by her brief, from so much of an order of the Surrogate's Court, Queens County (Kelly, S.), dated May 4, 2012, as denied that branch of her motion which was, in effect, for a construction of the decdent's will which would bequeath two notes secured by mortgages to her personally. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601626250 1202601626250 Panel Sanctions Lawyer Over Filing Claim Against Boxer http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601213423 1202601213423 Panel Finds 'Excessive' City Fine for Poaching Antenna From Trash http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601211939 1202601211939 Business Registration, State Contacts Support Jurisdiction on Patent Infringement Claims http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601233026 1202601023662 No Reason to Delay Partial Judgment's Entry Where Dismissals Were Judgments on Merits http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232700 1202601023584 Despite Dismissal of Some Claims Not on Merits, Defense Is 'Prevailing Party'; Costs Affirmed http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232830 1202601023624 57-Month Sentence Consecutive to Undischarged Term of State Drug Conviction Not Unreasonable http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232732 1202601023736 Unauthorized Assignment Results in Incurable Default; 'Yellowstone' Injunction Denied http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601022689 1202601022689 Virginia Dismissal Order Voiding Insurance Policy Ab Initio Entitled to Recognition http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232862 1202601022997 Master Arbitrator Exceeded Power of Review; Initial Award in Provider's Favor Reinstated http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232994 1202601023037 Board's Conclusions Denying ADR Supported By Medical Evidence, Must be Affirmed http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232798 1202601022084 Destruction of Files After Company Reasonably Anticipated Litigation Warrants Sanctions http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232894 1202601022120 Limitations Period Begins to Run When Party Making Cure Demand First Entitled to Do So http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232960 1202601022156 City Body May Waive Benefit of Statutory Venue Clause Where an Action Was Properly Venued http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202601232764 1202601021924 Domestic Violence Court Judge Rejects Defendant's Bid for Recusal http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601020736 1202601020736 Judge Calls 14-Year Delay in Lawsuit Negligent http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202600384080 1202600384080 MATTER OF TERESA PACE, res, v. PAUL E. CORREA, ap — Appeal by Paul E. Correa from an order of the Family Court, Nassau County, dated March 19, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393217 1202601393217 JOSHUA TRADER res, v. NEW YORK CITY HOUSING AUTHORITY, ap — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 13, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401993 1202601401993 JP MORGAN CHASE BANK, N.A, res, v. MIRMAX SHOE CORP., def, JEROME FISCHER, ETC. 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, Kings County, dated October 24, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401951 1202601401951 WELLS FARGO BANK, N. A., res, v. DIMPLE JOSHI, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 24, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401909 1202601401909 CHRISTINE LYNCH-DENNIS, plf-res, v. SUPER DEAL STORES, INC. DEFENDANTS-res, ROCKAWAY REALTY ASSOCIATES, LP, ET AL., ap — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, entered October 11, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401807 1202601401807 CARMELO SANCHEZ res-ap, v. LINCOLN CENTER FOR PERFORMING ARTS, INC. DEFENDANTS THIRD-PARTY/SECOND THIRD-PARTY PLAINTIFFS-res-ap, RC DOLNER, INC., DEFENDANT-res-ap, TURNER CONSTRUCTION COMPANY, DEFENDANT SECOND THIRD-PARTY def-res, ET AL., DEFENDANT; STRUCTURAL CONTRACTING SERVICES, INC., THIRDPARTY DEFENDANT-APPELLANT-res, WOLKOW BRAKER ROOFING CORP., THIRD-PARTY def-res — Application by Carmelo Sanchez and Ada Sanchez on an appeal and cross appeals from an order of the Supreme Court, Queens County, entered October 15, 2012, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401765 1202601401765 2010-1452 K CR. THE PEOPLE, res, v. SHLOMO SABAG, ap, — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Alexander B. Jeong, J.), rendered May 13, 2010. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree (two counts), menacing in the third degree (two counts), attempted criminal mischief in the fourth degree, harassment in the second degree (two counts), and attempted criminal possession of a weapon in the fourth degree. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401721 1202601401721 FLORENCE RAUCCI res, v. RICHARD G. SHINBROT, ETC. ap, ET AL., def — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated October 12, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401679 1202601401679 MATTHEW J. HARKINS, ap, v. COUNTY OF NASSAU, 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, entered October 15, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401599 1202601401599 ESTATE OF CARMELA KERN, Deceased (346/B/12) — In this probate proceeding, the Guardian ad Litem, appointed on behalf of infant distributees, has filed his report wherein he consents that the matter be settled in accordance with a Stipulation reached between all interested parties. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401503 1202601401503 ORDER SIGNED: ESTATE OF RONALD AUBREY CHARASZ (1345/13); Milton Mayefsky (3789/A/12); Florence Grippe (4467/10); Paula X Assimakopoulos (1154/A/12); Felicita Lewis (3891/B/10); Ruth Maxwell Hill (3499/10). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401465 1202601401465 EDITH LINDBERGH, res, v. SHLO 54, LLC 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, Kings County, dated August 22, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401423 1202601401423 JOHN SHARP ap, v. INCORPORATED VILLAGE OF FARMINGDALE, N.Y. RESPONDENTS 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, Nassau County, dated October 15, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401381 1202601401381 ORDER SIGNED: ESTATE OF M MICHAEL KULUKUNDIS (3411/G/10); Earl Osborne (4518/A/12); Janet Carney (2871/B/12); Rue Canvin (1010/C/13). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401343 1202601401343 CURNAL LINDOW, APPELLANT plf, v. ONIEL HEAVEN res — Motion by the appellant, inter alia, to restore him to possession of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 15, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401298 1202601401298 MATTER OF KENDREW L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA L. (ANONYMOUS) res — (PROCEEDING NO. 3) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401260 1202601401260 ESTATE OF ARIELLE NEWMAN, Deceased (806/A/09) — The limited co-administrators of this estate have moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 11, 2009 so as to enable them to compromise a wrongful death/ personal injury cause of action on behalf of decedent. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401166 1202601401166 ANTONY SMITHIE, ap, v. KRISTIN SMITHIE, res — Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Nassau County, entered April 22, 2013, pending hearing and determination of an appeal therefrom. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401124 1202601401124 ESTATE OF LUIS SANTIAGO, Deceased (797A-2004/A) — The administrator, one of the decedent's sons, seeks to judicially account for the remaining proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (Schachner, J.) that are being held in his attorneys' escrow account. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401084 1202601401084 HIYUNG KEE LEE, ETC., res, v. NEW YORK HOSPITAL QUEENS, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, dated May 16, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601401042 1202601401042 2013-711 W CR. PEOPLE v. VILLAZAN, JOSELYN A. — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400998 1202601400998 EDMUND OROK EDEM, ap, v. GRANDBELLE INTERNATIONAL, INC., 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, Richmond County, dated October 15, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400956 1202601400956 ESTATE OF CONNIE NEVERS, Deceased (201/13) — In this probate proceeding, it appears that William Nevers, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400916 1202601400916 2013-714 W CR. PEOPLE v. GARCIA, ELBA — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400872 1202601400872 SUHAILS ABUZEED, ap, v. MILE SQUARE TRANSPORTATION, INC. 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 a judgment of the Supreme Court, Westchester County, dated November 13, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400792 1202601400792 WILLIAM EISNER ap, v. M & E RUBIN, LLC 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 August 30, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400750 1202601400750 MATTER OF ATHIENA L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA L. (ANONYMOUS) res — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400712 1202601400712 MATTER OF DESIRE A. (ANONYMOUS), a/k/a DESIREE A. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES res, TASHA A. (ANONYMOUS), ap — (PROCEEDING NO. 2) — Appeals by Tasha A. from two orders of the Family Court, Kings County, both dated September 19, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400636 1202601400636 ELLEN EBEL, ap, v. MICHAEL EBEL, 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, Suffolk County, entered July 12, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400594 1202601400594 ESTATE OF MATILDA P. HOFFER, Deceased (1358/11) — In this estate, the petitioner, the nominated executor under a testamentary instrument dated May 17, 2007 and codicil thereto dated July 24, 2010, which have been offered for probate, moves again by order to show cause to compel the continuation of SCPA 1404 examination. The guardian ad litem in this matter cross-moves seeking interim fees and disbursements for appearing at 1404 examination previously ordered by the court. On a similar prior application the court directed the parties to appear for the continuation of the 1404 examination on March 27, 2013. (Matter of Hoffer, NYLJ, Mar. 18, 2013, at 18, col 4). All of the parties but the petitioner appeared on the aforesaid date, and this nonappearance gives rise to the cross motion. The petitioner indicates his counsel did not receive notice of the court's prior decision directing all to appear for the conclusion of the 1404 examinations. At this juncture it is clear that the examinations must conclude. Accordingly this decision constitutes the order of the court directing the parties to continue said examination commencing on June 3, 2013 at 10 a.m., and to be continued each day thereafter until its conclusion. The examination is to occur in the Bronx County Courthouse, Room 328, or at any other location and time agreed upon the parties. The cross motion is denied without prejudice to the guardian ad litem resubmitting the time and disbursements sought with his final affirmation of services prior to the court fixing his fee. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400554 1202601400554 PEOPLE, res, v. OSCAR M. CRUZ, ap — On the Court's own motion, it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400512 1202601400512 ESTATE OF JEREMIAH ONWAR BLACKWELL, ALSO KNOWN AS JEREMIAH O. BLACKWELL, Deceased (489A-06/A) — The administrator, the decedent's mother, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400434 1202601400434 MATTER OF WHITE GLOVE ELITE, INC., ET AL., ap, v. ANDREW M. CUOMO, ETC., res — Application by James Ireland to enlarge the time to perfect a purported appeal by White Glove Elite, Inc., from a judgment of the Supreme Court, Suffolk County, dated July 26, 2012, to enlarge his time to perfect his purported appeal from the same judgment, and to allow him to represent White Glove Elite, Inc., on the appeal. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400392 1202601400392 MLCFC 2007-9 MIXED ASTORIA, LLC, ap, v. 36-02 35TH AVE. DEVELOPMENT, LLC RESPONDENTS def — (APPEAL NO. 1) MLCFC 2007-9 MIXED ASTORIA, LLC, APPELLANT-res, v. 36-02 35TH AVE. DEVELOPMENT, LLC, ET AL., RESPONDENTS-APPELLANTS DEFENDANTS; KZ ANNEX II, LLC, NONPARTYAPPELLANT-res — (APPEAL NO. 2) — Motion by 36-02 35th Ave. Development, LLC, and Larry Cerullo on an appeal from an order of the Supreme Court, Queens County, entered May 15, 2012, an appeal and cross appeal from an order of the same court entered November 27, 2012, to dismiss the appeal from the order entered May 15, 2012, on the ground that MLCFC 2007-9 Mixed Astoria, LLC, assigned its rights and interest to the subject mortgage note to a third-party and to dismiss the appeal by KZ Annex II, LLC, from the order entered November 27, 2012, based on the law of the case and pursuant to CPLR 5701(a)(2). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400350 1202601400350 2013-712 W CR. PEOPLE v. RIVERA, MIGUEL ANGEL — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400306 1202601400306 2011-2299 D CR. THE PEOPLE, res, v. FRANSHAWN CARNEY, ap, — Appeal from a judgment of the City Court of Poughkeepsie, Dutchess County (John B. Garrity, J.), rendered November 12, 2010. The judgment convicted defendant, after a nonjury trial, of failing to wear a seatbelt. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400262 1202601400262 2013-715 W CR. PEOPLE v. CUNHA, ROGER A. — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400218 1202601400218 DANUEL DEMETRIUS, res, v. NASSAU COUNTY 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, entered October 16, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400176 1202601400176 JOSE PICCININI, res, v. GABRIELA PICCININI, ap — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 18, 2012, which was determined by decision and order of this Court dated February 27, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400134 1202601400134 MATTER OF NEIL M. SISKIND, res, v. COURTNEY A. SCHAEL, ap — Appeal by Courtney A. Schael from an order of the Family Court, Nassau County, dated October 4, 2012. By dated April 12, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the aboveentitled proceeding for failure to comply with a dated January 2, 2013, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400092 1202601400092 2013-716 W CR. PEOPLE v. H20 LANDSCAPE DESIGN — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400048 1202601400048 ANDREA J. SANGERMANO, ap, v. COUNTY OF NASSAU 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 June 25, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601400006 1202601400006 PROCEEDING TO MODIFY RESTRICTIONS ON LETTERS OF GUARDIANSHIP FOR ADRIAN STEFAN MELENDEZ, AS WARD. (3849/A/11) — The Article 17 guardian of the property of her two infant sons asks for modification of restrictions on her letters of guardianship. The letters restrain her from selling, conveying or encumbering the infants' interest in real property. Petitioner seeks to participate in the refinancing of a mortgage on a property in which each infant owns a 20 percent interest. The proposed mortgage will not exceed the current mortgage and will carry a lower interest rate. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399966 1202601399966 2013-709 W CR. PEOPLE v. QUEZADA, FREDDY O. — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399922 1202601399922 H.P.S. MANAGEMENT COMPANY, INC. ap, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated October 1, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399880 1202601399880 VASSAR COLLEGE APPELLANTSres, v. DIAMOND STATE INSURANCE COMPANY, def, SCOTTSDALE INSURANCE COMPANY res-ap, MARSHALL & STERLING, INC., res — Application by the respondent-appellant Scottsdale Insurance Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals and cross appeals from an order of the Supreme Court, Dutchess County, dated May 11, 2012, and an amended judgment of the same court dated June 27, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399838 1202601399838 WELLS FARGO BANK, N.A., ETC., res, v. EDWARD A. PARKER, RESPONDENT 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, entered September 10, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399796 1202601399796 MATTER OF PRECIOUS D. A. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES res, TASHA A. (ANONYMOUS), ap — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399758 1202601399758 MOHAMMAD A. MALIK ap, v. ADVANCE PROTECTION SERVICES, INC. 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 July 20, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399716 1202601399716 NICOLE GAGNE, ap, v. G & M REALTY, L.P. 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 November 29, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399674 1202601399674 PEOPLE, ETC., res, v. JACK RHODES, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 2, 2009. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399632 1202601399632 ESTATE OF DARYL LALLY, A/K/A DARYL J. LALLY, Deceased (1095/A/09) — In this pending accounting proceeding an issue existed regarding whether or not an infant interested party received his specific bequest pursuant to the terms of decedent's Will. The Guardian ad Litem, appointed on behalf of the infant, has filed his final report indicating that his ward has received his specific bequest under the Will. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399592 1202601399592 PROCEEDING TO MODIFY RESTRICTIONS ON LETTERS OF GUARDIANSHIP FOR ADRIAN ALBERTO MELENDEZ, AS WARD. (3848/A/11); http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399554 1202601399554 PEOPLE, ETC., res, v. ASSAD CEDENO, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 19, 2010. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399512 1202601399512 MATTER OF PHOENIX D. A. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, res, JESSIE A. (ANONYMOUS), ap — Appeal by Jessie A. from an order of the Family Court, Suffolk County, dated April 11, 2013. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399474 1202601399474 ANGEL TRUJILLO, res, v. GREEN STREET DEVELOPERS, LLC APPELLANTS 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, Kings County, dated October 18, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399429 1202601399429 2011-3181 K CR. THE PEOPLE, res, v. ROGER DELONEY, ap, — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (ShawnDya L. Simpson, J.), rendered October 27, 2011. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree, attempted endangering the welfare of a child, and harassment in the second degree. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399385 1202601399385 2013-710 W CR. PEOPLE v. CONKLIN, VINCENT — Appeal from an order of the Justice Court of the Town of Ossining, Westchester County, entered March 7, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399341 1202601399341 COREY GELMAN, ETC., ap, v. GARY GELMAN, res — Motion by the appellant to stay enforcement of two orders of the Supreme Court, Nassau County, dated April 3, 2013, and entered April 9, 2013, respectively, pending hearing and determination of appeals therefrom. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399299 1202601399299 MATTER OF STEVEN LEVITSKY, ap, v. DAVID J. SWARTS, ETC., res — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated December 12, 2012, which determined an appeal from a judgment of the Supreme Court, Westchester County, dated April 8, 2011. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399256 1202601399256 DECREE SIGNED: GUARDIANSHIP OF LAURENCE ROBERT SASCHA NEMIROFF (3306/A/03); Patrick R Louis (1588/A/06). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399218 1202601399218 MARK LEW, res, v. GAIL SOBEL, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 26, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399176 1202601399176 MATTER OF ZARIAN L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA L. (ANONYMOUS) res — (PROCEEDING NO. 4) N-15056-11, N-15057-11) — Appeals by Administration for Children's Services from two orders of the Family Court, Queens County, both dated May 1, 2013. On the Court's own motion, it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399138 1202601399138 ORDER SIGNED: ESTATE OF LOUISE B CLAXTON (4869/A/05); Janice Tannenbaum (1575/A/11); Christopher Thomas (3030/C/10); Louise B Claxton (4869/A/05); Christopher Thomas (3030/C/10); Janice Tannenbaum (1575/A/11); Kung Wong (4698/A/11). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399100 1202601399100 LEON BEHAR ap, v. QUAKER RIDGE GOLF CLUB, INC., 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 appeals from two orders of the Supreme Court, Westchester County, entered July 10, 2012, and December 11, 2012, respectively. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399058 1202601399058 MATTER OF COURTNEY M. C. (ANONYMOUS), res, PRESENTMENT AGENCY, ap — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601399020 1202601399020 2010-2948 N CR., 2011-1272 N CR. PEOPLE v. QURESHI, SHER — Motion by appellant on appeals from a judgment of conviction of the District Court of Nassau County, First District, rendered October 18, 2010, and two judgments of conviction of the same court rendered April 7, 2011, to relieve assigned counsel of representing appellant on the appeals and to proceed pro se or, in the alternative, for leave to renew his prior motion for leave to serve and file pro se supplemental briefs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398976 1202601398976 DONNA MADDALONE, res, v. PETER MADDALONE, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398933 1202601398933 IN THE MATTER OF THE FIRST INTERMEDIATE ACCOUNT OF JPMORGAN CHASE BANK, N.A., SUCCESSOR IN INTEREST TO CHEMICAL BANK, AS TRUSTEE OF THE TRUST FOR THE BENEFIT OF GLORIA SCHULMAN CREATED UNDER THE WILL OF BERTHA AUSTRIAN, Deceased. (1990-3006/A); http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398895 1202601398895 IN THE MATTER OF THE FIRST INTERMEDIATE ACCOUNT OF JPMORGAN CHASE BANK, N.A., SUCCESSOR IN INTEREST TO CHEMICAL BANK, AS TRUSTEE OF THE TRUST FOR THE BENEFIT OF MARJORIE GOLDIN CREATED UNDER THE WILL OF BERTHA AUSTRIAN, Deceased (1990-3006/B) — These contested intermediate accountings by JPMorgan Chase Bank, N.A., as trustee of two trusts created under the will of Bertha Austrian for the benefit of Marjorie Goldin and Gloria Schulman, respectively, were consolidated with a prior proceeding brought by Marjorie Goldin and Gloria Schulman seeking the trustee's removal and for the appointment of successor trustees. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398855 1202601398855 DAVID M. COHEN, ETC. plf-res, v. STANLEY COHEN, ETC. DEFENDANTSres, FIVE TOWNS COLLEGE, def-ap — (ACTION NO. 1) JANET COHEN KAPLAN, ETC. plf-res, v. STANLEY COHEN, ETC. def-res, FIVE TOWNS COLLEGE def-ap — (ACTION NO. 2) DAVID M. COHEN, ETC. plf-res, v. STANLEY COHEN, ETC. def-res, FIVE TOWNS COLLEGE def-ap — (ACTION NO. 3) — Appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398813 1202601398813 ATM ONE, LLC ap, v. INCORPORATED VILLAGE OF HEMPSTEAD, ET AL., res — Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 22, 2010, which was determined by decision and order of this Court dated January 10, 2012, for leave to reargue their prior motion to amend the decision and order of this Court dated January 10, 2012, which was determined by decision and of this Court dated April 9, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398771 1202601398771 MATTER OF ALEXANDER L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA L. (ANONYMOUS) res — (PROCEEDING NO. 2) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398733 1202601398733 BRAD JACOBS, res-ap, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, APPELLANT-res — Motion by the appellant-respondent for leave to reargue an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated December 23, 2010, which were determined by opinion and order of this Court dated December 19, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398691 1202601398691 MATTER OF UHURA W. (ANONYMOUS), res, PRESENTMENT AGENCY, ap — (PROCEEDING NO. 2) — Appeals by Presentment Agency from two orders of the Family Court, Kings County, both dated October 17, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398653 1202601398653 LIBERTY MUTUAL INSURANCE COMPANY, res, v. FIDUCIARY INSURANCE COMPANY OF AMERICA, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 24, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601398568 1202601398568 US BANK NATIONAL ASSOCIATION, ETC., ap, v. NAOMI SINGER RESPONDENTS 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, entered October 9, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397677 1202601397677 MATTER OF TAYINA I. M. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, VICTOR M. (ANONYMOUS), JR., ap — (PROCEEDING NO. 2) — Appeals by Victor M., Jr., from two orders of the Family Court, Queens County, dated June 25, 2012, and March 13, 2012, respectively. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397639 1202601397639 10132. ANGELICA CECORA, plf-ap, v. OSCAR DE LA HOYA, def-res — The Law Offices of Evans and Al-Shabazz, LLP, New York (Robert Anthony Evans, Jr. of counsel), for ap — Judd Burstein, P.C., New York (Judd Burstein of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered April 4, 2012, which, inter alia, granted defendant's motion to dismiss the complaint and for the imposition of sanctions against plaintiff and her attorney, and denied plaintiff's motion to disqualify defendant's attorney, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397595 1202601397595 10118. J.P. MORGAN INVESTMENT MANAGEMENT INC. PLAINTIFFS/ COUNTERCLAIM def-ap, v. AMCASH GROUP, LLC DEFENDANTS/COUNTERCLAIM plf-res — Levi Lubarsky & Feigenbaum LLP, New York (Howard B. Levi of counsel), for ap — Kasowitz Benson Torres & Friedman LLP, New York (Jed I. Bergman of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 9, 2012, which, insofar as appealed from, denied plaintiffs' motion for summary judgment on their declaratory relief claim, and denied their motion for summary judgment dismissing defendants' first and second counterclaims, unanimously reversed, on the law, with costs, the motion granted, and it is declared that the JPMorgan Current Yield Money Market Mutual Fund is not a "Current Yield ETF" within the meaning of the Termination Agreement and therefore defendants are not entitled to any Termination Agreement payments relating to the fund. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397551 1202601397551 10153. PEOPLE, res, v. FREDERICK YOUNG, def-ap — Kirkland & Ellis LLP, New York (David Abramowicz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for res — Judgment, Supreme Court, New York County (Renee A. White, J.), rendered April 26, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of one to three years, unanimously affirmed. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397507 1202601397507 ANTHONY NEVE, PLAINTIFF-APPELLANT-res, v. CITY OF NEW YORK DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS; JOHNSTON SWEEPER COMPANY, THIRD-PARTY DEFENDANT/FOURTHPARTY PLAINTIFF-APPELLANTres, SEATS, INC., FOURTH-PARTY DEFENDANT-APPELLANT-RESPONDENT (AND ANOTHER TITLE). — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the third-party defendant/fourth-party plaintiff-appellant-respondent and the defendants third-party plaintiffsrespondents-appellants to serve and file their respective reply briefs on appeals and a cross appeal from an order of the Supreme Court, Kings County, dated May 8, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397465 1202601397465 MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., res, MARK HERSH, ap — (FILE NO. 4035/07) — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 23, 2013, which determined an appeal from an order of the Surrogate's Court, Queens County, dated June 15, 2011. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397427 1202601397427 MATTER OF RICARDO H. (ANONYMOUS), ap, v. CHANTE S. (ANONYMOUS) res — Appeal by Ricardo H. from an order of the Family Court, Suffolk County, dated August 23, 2012. The appellant's brief was filed in the office of the Clerk of this Court on May 10, 2013. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397385 1202601397385 10112. PEOPLE, res, v. ROBERT PARRIS, ETC., def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for ap — ROBERT T. JOHNSON, DISTRICT ATTORNEY, BRONX (MEGAN R. ROBERTS OF counsel), for res — http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397341 1202601397341 PEOPLE, ETC., res, v. IL PARK, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 23, 2012, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397299 1202601397299 9927-9928-9929. PETER KEENAN Plaintiffs-Appellants-res, v. SIMON PROPERTY GROUP, INC. def, ALERT GLASS & ARCHITECTURAL METALS CORP., def-res,— http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397255 1202601397255 MATTER OF TIFFANY ORR, res, v. ROBESON & BROWN FUNERAL HOME, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated March 22, 2013, pending hearing and determination of an appeal therefrom. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397213 1202601397213 10152. PETER'S NECESSITIES FOR PETS, L.P. Plaintiffs-Appellants-res, v. PET'S NECESSITIES, LTD., Defendantres-ap, CENTER FOR VETERINARY CARE, P.C., ET AL, def-res — Kilhenny & Felix, New York (James M. Felix of counsel), for Peter's Necessities for Pets, L.P., appellant-res — Rosenberg Feldman Smith, LLP, New York (Richard B. Feldman of counsel), for Peter's Emporium for Pets 1 LLC, appellantres Caplan & Ross, LLP, New York (Richard L. Caplan of counsel), for respondent-appellant and res — Order and judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 6, 2012, which, to the extent the appealed from, granted defendants' motion for summary judgment declaring that plaintiffs have no leasehold interest in the subject premises after August 30, 2013, and, upon a search of the record, granted plaintiff Peter's Emporium for Pets 1 LLC (Emporium) summary judgment on the issue of liability on the claim for breach of fiduciary duty as against defendant Pets Necessities, Ltd. (PNL), unanimously modified, on the law, to deny defendants' motion, the declaration vacated, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397169 1202601397169 PEOPLE, ETC., res, v. RAYMOND TATE, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the appellant's pro se supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 19, 2010. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397127 1202601397127 ELISSA MOTELSON, ETC. res, v. FORD MOTOR COMPANY ap — (ACTION NO. 1) MICHAEL J. MOTELSON, ETC. res, v. FORD MOTOR COMPANY ap — (ACTION NO. 2) — Motion by the respondents in Action No. 1 for leave to reargue appeals from an amended order of the Supreme Court, Richmond County, dated March 26, 2009, and an order and judgment (one paper) of the same court dated June 17, 2009, which were determined by decision and order of this Court dated December 19, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397085 1202601397085 MATTER OF ALEAXNDER L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA LAROSE res — (PROCEEDING NO. 2) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397047 1202601397047 PEOPLE, ETC., res, v. RICHARD E. CONTRERAS, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2011, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601397005 1202601397005 MATTER OF JONATHAN L. GILLESPIE, a/k/a JONATHAN LEMOYNE GILLESPIE, DECEASED. KAREN BOBB, ETC., APPELLANT; LEONARD GILLESPIE, ET AL., res — (FILE NO. 4780/07) — 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 Surrogate's Court, Kings County, dated August 23, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396967 1202601396967 9610-9611. MAYA NY, LLC, plf-ap, v. DARYL HAGLER def-res — Peter R. Ginsberg Law, LLC, New York (Christopher R. Deubert of counsel), for ap — Goldberg & Rimberg PLLC, New York (Steven A. Weg of counsel), for res — Order, Supreme Court, New York County (Bernard J. Fried, J.), entered April 5, 2012, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the third, sixth and ninth (in part) causes of action in the amended complaint, unanimously modified, on the law, to the extent of reinstating the third and ninth causes of action, and otherwise affirmed, without costs. Order, same court and Justice, entered July 17, 2012, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for leave to amend the fifth and eleventh causes of action in the amended complaint, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396923 1202601396923 PEOPLE, ETC., plf, v. BUSTER BOWENS, 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, Nassau County, dated November 27, 2012, which has been referred to me for determination. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396881 1202601396881 10148. CHESTNUT HOLDINGS OF NEW YORK, INC., plf-res, v. LNR PARTNERS, LLC, def-ap — Schwartz, Lichtenberg LLP, New York (Barry E. Lichtenberg of counsel), for ap — Vandenberg & Feliu, LLP, New York (John C. Ohman of counsel), for res — Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered May 3, 2012, which, to the extent appealed from, denied defendant's motion for summary judgment dismissing the first, third, fourth and fifth causes of action, unanimously reversed, on the law, with costs, and the causes of action dismissed. The Clerk is directed to enter judgment dismissing the complaint. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396837 1202601396837 PEOPLE, ETC., res, v. JEFFREY FEUERSTACK, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered August 7, 2012, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396795 1202601396795 MATTER OF ELIJAH B. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, ROGER H. W. (ANONYMOUS), JR., ap — (PROCEEDING NO. 3) — Appeals by Roger H. W. from two orders of the Family Court, Queens County, both dated March 20, 2013. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Larry S. Bachner, Esq., dated April 15, 2013, it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396757 1202601396757 10147-10147A. IN RE VALLERY P., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., JONDALLA P., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res — The Center for Family Representation, Inc., New York (Rebecca Horwitz of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (MARK DELLAQUILA OF COUNSEL), ATTORNEY FOR THE CHILD.—Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about March 23, 2012, which, upon on a fact-finding determination, after a hearing, that respondent father had neglected the subject child, granted custody to the mother on consent of the parties, unanimously reversed, on the facts, and in the exercise of discretion, without costs, the finding of neglect vacated, and the petition dismissed. Appeal from the order of fact-finding, same court and Judge, entered on or about March 23, 2012, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396717 1202601396717 MATTER OF ARTURO HANSEN, ap, v. CHANDRA BALKARAN, res — Appeal by Arturo Hansen from an order of the Family Court, Queens County, dated June 14, 2012. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396675 1202601396675 M-2017X. NATHANSON v. THE TJX COMPANIES, INC. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396639 1202601396639 10156. HARRY M. PIERSON, plf-ap, v. NEW YORK CITY DEPARTMENT OF EDUCATION, def-res — Michael G. O'Neill, New York, for ap — Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered December 12, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396595 1202601396595 PEOPLE, ETC., res, v. FREDY GUTIERREZPINTO, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 10, 2013, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396553 1202601396553 MATTER OF KENDREW L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA LAROSE res — (PROCEEDING NO. 3) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396515 1202601396515 MATTER OF RICHARD WEINBERGER, PETITIONER-RESPONDENT v. TERRI MONROE, APPELLANT res — Appeal by Terri Monroe from an order of the Family Court, Orange County, dated March 19, 2013. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Brett A. Broge, Esq., dated May 6, 2013, it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396473 1202601396473 10119. FAWWAZ ALI, plf-ap, v. BLAIR EFFRON def, IRWIN COHEN def-res — The Orlow firm, Roslyn Harbor (Louis A. Badolato of counsel), for ap — Hoey, King, Epstein, Prezioso & Marquez, New York (Andrew G. Sfouggatakis of counsel), for Irwin Cohen, res — Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for Abbylara Service, Corp., res — Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Jeffrey R. Beitler of counsel), for Vandeberg Architects, res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 2, 2012, which, insofar as appealed from as limited by the briefs, granted defendant Abbylara Service, Corp.'s (Abbylara) motion to transfer venue from New York County to Suffolk County for consolidation with another action pending there, and denied as premature plaintiff's motion for partial summary judgment on his Labor Law §240(1) claim as against defendants Abbylara and Irwin Cohen without prejudice and with leave to renew in Suffolk County, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396429 1202601396429 1012010121-. IN RE SEAN MICHAEL N., AND OTHERS, DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., LYDIA T., res-ap, SHAWN N., res, EDWIN GOULD SERVICES FOR CHILDREN pet-res — IN RE SEAN MICHAEL N., AND OTHERS, DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., SHAWN N., res-ap, LYDIA T., res, EDWIN GOULD SERVICES FOR CHILDREN pet-res — Elisa Barnes, New York, for Lydia T., ap — Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Shawn N., ap — John R. Eyerman, New York, res — ANDREW J. BAER, NEW YORK, ATTORNEY FOR THE CHILDREN.—Order, Family Court, Bronx County (Fernando H. Silva, J.), entered on or about May 2, 2012, which denied respondents parents' motions to vacate an order of disposition, same court and Judge, entered on or about September 28, 2011, upon their default, which, upon findings of permanent neglect, terminated their parental rights to their children and committed the custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs., respondents failed to demonstrate a reasonable excuse for their absence from the proceeding and a meritorious defense to the petition (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [1st Dept 2010], lv dismissed 15 NY3d 766 [2010]; Matter of Bibianamiet L.-M. [Miledy L.N.], 71 AD3d 402 [1st Dept 2010]). Contrary to their assertions, they were responsible for knowing the time of the hearing. Their bare assertions that their respective attorneys would have presented evidence countering the allegations of permanent neglect were insufficient to establish a meritorious defense (see Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]). http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396389 1202601396389 MATTER OF KRYSTIN HOLMES, PETITIONER-res, v. BARBARA HOLMES, res, GUSTAVO GOMEA, ap — V-11458-07/12E, V-11459-07/12F) — Appeal by Gustavo Gomea from an order of the Family Court, Suffolk County, dated February 14, 2013. By of this Court dated April 18, 2013, the following attorney was assigned as counsel for the appellant on the appeal: http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396347 1202601396347 PEOPLE, ETC., res, v. RALPHIE HAYES, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 18, 2013, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396305 1202601396305 10151. PEOPLE, res, v. IKEEM ALEXANDER, def-ap — Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista 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 (Ronald A. Zweibel, J.), rendered on or about August 18, 2011, http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396261 1202601396261 10113. CALOGERA VILLANTI, plf-ap, —AGAINST— BJ'S WHOLESALE CLUB, INC., def-res — Diamond & Diamond, LLC, New York (Stuart Diamond of counsel), for ap — Torino & Bernstein, P.C., Mineola (Ellie S. Konstantatos of counsel), for res — order, supreme court, bronx county (lizbeth gonzalez, j.), Entered january 7, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Defendant established its entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when her foot became caught on the leg of the vertical support of a bumper that ran along the bottom of a display case in defendant's store, causing her to fall to the floor. Defendants submitted photographic and testimonial evidence showing that the alleged defective condition was open and obvious, and not inherently dangerous (see lazar v. Burger heaven, 88 ad3d 591 [1st dept 2011]; matthews v. Vlad restoration ltd., 74 Ad3d 692 [1st dept 2010]; schulman v. Old navy/ gap, inc., 45 Ad3d 475 [1st dept 2007]). In opposition, plaintiff failed to raise a triable issue of fact. The fact that the support became obscured from plaintiff's view after she walked to a point where she was inches in front of the fruit display did not render the condition one which was hidden or obscured (compare lehr v. Mothers work, inc., 73 Ad3d 564 [1st dept 2010]). This constitutes the decision and order of the supreme court, appellate division, first department. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396221 1202601396221 PEOPLE, ETC., plf, v. NICHOLAS HINES, 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 January 22, 2013, which has been referred to me for determination. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396179 1202601396179 PANDOLFI ORGANIZATION, INC. res, v. CAPITAL STACK FUND II, LLC, APPELLANT def — (ACTION NO. 1) PANDOLFI ORGANIZATION, INC. res, v. CAPITAL STACK FUND II, LLC, APPELLANT def — (ACTION NO. 2) — Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396137 1202601396137 MATTER OF FRANCESCO DIMAIO, ap, v. MAUREEN DIMAIO, res — Appeal by Francesco DiMaio from an order of the Family Court, Queens County, dated December 21, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396095 1202601396095 PEOPLE, ETC., res, v. ABRAHAM BROWN, ap — Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 2013, and for a copy of the typewritten transcripts of the stenographic minutes, without charge. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396053 1202601396053 MATTER OF ROSE G. (ANONYMOUS). ROSEMARY C. (ANONYMOUS) PETITIONERS-res, VINCENT G. (ANONYMOUS), APPELLANT (AND ANOTHER TITLE). — Motion by Vincent G. for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated February 5, 2013, and to stay all proceedings in the aboveentitled matter, pending hearing and determination of the appeal. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601396015 1202601396015 CHARLES MCKIE, ap, v. FLAGSTAR BANK, F.S.B., res — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 26, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395973 1202601395973 MATTER OF MICHAEL HIXENBAUGH, res, v. LINDA HIXENBAUGH a/k/a LINDA PENAGOS, ap — Appeal by Linda Hixenbaugh, a/k/a Linda Penagos, from an order of the Family Court, Suffolk County, dated December 10, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395931 1202601395931 PEOPLE, ETC., res, v. BETTYE BUTLER, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered February 15, 2013, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395889 1202601395889 MATTER OF MICHAEL T. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, CAITLIN F. (ANONYMOUS), ap — Appeal by Caitlin F. from an order of the Family Court, Queens County, dated March 7, 2013. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395851 1202601395851 MATTER OF JOSE ANTONIO LAZO, ap, v. OLGA G. CHERREZ, res — Appeal by Jose Antonio Lazo from an order of the Family Court, Queens County, dated August 2, 2012. The appellant's brief was filed in the office of the Clerk of this Court on May 13, 2013. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a] [2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395809 1202601395809 WATERFALLS ITALIAN CUISINE, INC. ap, v. ROBERT P. TAMARIN res — Motion by the appellants to stay the respondents from terminating the appellants' tenancy for the subject premises and from evicting them from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated March 22, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395767 1202601395767 10123. MARK CAREY, PLAINTIFF, v. CAPITAL CLEANING CONTRACTORS, INC. def-res, NEW YORK FOUNDLING HOSPITAL FOR PEDIATRIC, MEDICAL AND REHABILITATIVE CARE, INC. defap, NEW YORK FOUNDLING CHARITABLE CORPORATION, def — CAPITAL CLEANING CONTRACTORS, INC. Third-Party plf-res, v. 7 OCEAN GROUP, INC., Third-Party def-res — Biedermann Hoenig Semprevivo, New York (Elaine N. Chou of counsel), for ap — Catalano Gallardo & Petropoulos, LLP, Jericho (June D. Reiter of counsel), for Capital Cleaning Contractors, Inc., and Capital Cleaning Contractors, Inc., of New York, res — Hirshfield & Costanzo, P.C., White Plains (Joel A. Hirshfield of counsel), for 7 Ocean Group, Inc., res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered October 18, 2012, which, to the extent appealed from as limited by the briefs, denied the motion of defendant New York Foundling Hospital for Pediatric, Medical, and Rehabilitative Care (the Hospital) for summary judgment dismissing plaintiff's complaint against it on the ground that it was not the owner of the property in question, and denied the motion of the Hospital and the Vincent J. Fontana Center for Child Protection (the Center) for summary judgment on their cross claims for indemnification from codefendants Capital Cleaning Contractors Inc., Capital Cleaning Contractors Inc. of New York, and 7 Ocean Group Inc., unanimously modified, on the law, to dismiss the complaint as against the Hospital, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395723 1202601395723 US BANK NATIONAL ASSOCIATION, ETC., res, v. SHELLEY R. EADDY, 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, Rockland County, entered October 10, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395681 1202601395681 10142. &NORTHERN SOURCE, LLC, M-2350plf-ap, v. JAMES KOUSOUROS, def-res — Claude Castro & Associates PLLC, New York (Claude Castro of counsel), for ap — Allan L. Brenner, Freeport, for res — Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 24, 2012, which, in this action alleging legal malpractice, denied plaintiff's motion to vacate an order, same court and Justice, entered February 11, 2010, granting, on plaintiff's default, defendant's motion to dismiss the complaint for failure to prosecute after service of a 90-day notice to resume prosecution of the action and to file a note of issue, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395637 1202601395637 10114. IN RE MISBA UDDIN, pet-ap, v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, res-res — MISBA UDDIN, APPELLANT PRO SE. Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for res — Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered September 7, 2012, denying the petition seeking to annul the determination of respondent, dated April 30, 2012, which affirmed the revocation of petitioner's Taxicab Driver's License, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395593 1202601395593 9402. ARROWGRASS MASTER FUND LTD. Plaintiffs-res-ap, v. THE BANK OF NEW YORK MELLON, Defendant-Appellant-res — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Leslie Gordon Fagen of counsel), for appellant-res — Kasowitz Benson Torres & Friedman, New York (Sheron Korpus of counsel), for respondentsap — http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395549 1202601395549 10139-10140. EDGARDO ROBLES, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN MARIA SOTO plf-res, v. CITY OF NEW YORK def-ap — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for ap — Kafko Schnitzer, LLP, Bronx (Neil R. Kafko of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered September 21, 2012, which, to the extent appealed from as limited by the briefs, upon granting defendants' motion for renewal and reargument, adhered to the prior determination granting plaintiffs' motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion for partial summary judgment denied. Appeal from order, same court and Justice, entered on or about March 27, 2012, unanimously dismissed, without costs, as superseded by the appeal from the September 21, 2012 order. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395505 1202601395505 10149. TOWER INSURANCE COMPANY OF NEW YORK, plf-ap, v. METRO PROPERTY GROUP, LLC def-res, BRUCE WITTENBERG def — Mound Cotton Wollan & Greengrass, New York (Labe C. Feldman of counsel), for ap — Goldberg & Carlton, PLLC, New York (Gary M. Carlton of counsel), for Metro Property Group LLC, 2710 Valentine LLC, JC Neptune, LLC and 718 West 178th St. LLC, res — Shapiro Law Offices, Bronx (Ernest S. Buonocore of counsel), for Momodou Camara, res — Order, Supreme Court, New York County (Cynthia Kern, J.), entered April 26, 2012, which denied plaintiffs motion for summary judgment declaring that it has no duty to defend or indemnify defendants Metro Property Group, LLC, 2710 Valentine LLC, JC Neptune LLC, and 718 West 178th St. LLC (collectively Metro) in the underlying action and for default judgments against defendants Camara and Rex Management Corp., and dismissed the complaint against Camara and Rex as abandoned, unanimously modified, on the law, the complaint reinstated against Camara and Rex, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395461 1202601395461 10115. PEOPLE, res, v. MELISSA FONSECA, def-ap — Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, District Attorney, New York (Philip Morrow 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 (Charles H. Solomon, J.), rendered on or about December 7, 2010, http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395417 1202601395417 MATTER OF GURDEEP SINGH, ap, v. GURMAIL SINGH res — Appeal by Gurdeep Singh from an order of the Family Court, Queens County, dated November 18, 2011. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395372 1202601395372 MATTER OF JOSE GARCIA, ap, v. ADMINISTRATION FOR CHILDRENS SERVICES, res — Appeal by Jose Garcia from an order of the Family Court, Kings County, dated February 29, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395330 1202601395330 8779-8780. PEOPLE, ap — v. DAVID SNIPES, def-res — Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for ap — Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for res — Judgment of resentence, Supreme Court, New York County (Ruth Pickholz, J.), rendered September 23, 2011, resentencing defendant as a second violent felony offender, and bringing up for review an order of the same court and Justice, entered on or about May 16, 2011, which granted defendant's CPL 440.20 motion to set aside his sentence as a persistent felony offender, and an order, entered on or about August 1, 2011, which, upon reargument, adhered to the May 16, 2011 order, unanimously reversed, on the law, and the matter remanded to the sentencing court for proceedings to determine whether defendant may be adjudicated a persistent violent felony offender based on a 1999 conviction for robbery in the first degree. Appeal from the May 16, 2011 order unanimously dismissed as subsumed in the appeal from the judgment. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395286 1202601395286 10128. PEOPLE, res, v. JOSE VASQUEZ, ETC., def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Karen Swiger of counsel), for res — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Denis J. Boyle, J.), rendered on or about January 5, 2012, http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395242 1202601395242 WASHINGTON MUTUAL BANK, ETC., res, v. RUBEN CORENA APPELLANTS def — On the Court's own motion, it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395178 1202601395178 10154. JONATHAN ULLMAN, plf-ap, v. KAZUKO HILLYER, def-res — JONATHAN ULLMAN, APPELLANT PRO SE. Cornicello, Tendler & Baumel-Cornicello, LLP, New York (David B. Tendler of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 16, 2012, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395134 1202601395134 MATTER OF MICHAEL BUXENBAUM, JR., res, v. RACHEL FULMER, ap — (APPEALS NO. 1 AND 2) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395092 1202601395092 MATTER OF ZARIAN L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA LAROSE res — (PROCEEDING NO. 4) N-15056-11, N-15057-11) — Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated May 1, 2013, pending hearing and determination of an appeal therefrom, and an appeal from a separate order of the same court, also dated May 1, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395054 1202601395054 PEOPLE, ETC., res, v. DARIN W. YORK, ap — Application by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered December 19, 2011, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in accordance with a decision and of this Court dated December 19, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601395012 1202601395012 MATTER OF TOWN OF NORTH HEMPSTEAD, APPELLANT-res, v. COUNTY OF NASSAU, res-res — Motion by the appellant-respondent for leave to reargue an appeal and a cross appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered August 15, 2011, which were determined by decision and order of this Court dated January 16, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the respondent-appellant for the same relief. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394957 1202601394957 10017. IN RE AIDAN DOORLEY, pet-ap, v. RAYMOND KELLY, ETC. res-res — Jeffrey L. Goldberg, P.C., Port Washington, (Jeffery L. Goldberg of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Inga Van Eysden of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Cynthia S. Kern, J.), entered June 10, 2011, which denied the CPLR article 78 petition seeking to annul respondent Board of Trustees' July 14, 2010 determination denying petitioner's application for accident disability retirement benefits (ADR) based on his psychological condition and dismissed the proceeding, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394906 1202601394906 10157N. HELENE GOTTLIEB, plf-res, v. NORTHRIVER TRADING COMPANY LLC def-ap, ARIEL WOLFSON def — NORTHRIVER TRADING COMPANY LLC, COUNTERCLAIMANT, v. PHILIP GOTTLIEB, ETC., Counterclaimantres — Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for ap — Garson Segal Steinmetz Fladgate LLP, New York (Chris Fladgate of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 3, 2012, which granted plaintiff's motion to vacate a default judgment dismissing the action, and restored the case to the calendar, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394862 1202601394862 MATTER OF ATHIENA L. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; VANESSA LAROSE res — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394787 1202601394787 MATTER OF SEAN PATRICK WILSON, res, v. CAROLINE KILKENNY, ap — V-9983-03/07F) — Appeal by Caroline Kilkenny from an order of the Family Court, Westchester County, dated August 24, 2012. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394741 1202601394741 PEOPLE, ETC., res, v. ALFRED GARY, 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, rendered August 22, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394699 1202601394699 10134[M-1879. & M-2032]. IN RE DOUGLAS LATTA, pet, v. HON. MAXWELL J. WILEY, ETC. res—DOUGLAS LATTA, PETITIONER PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (John T. Bandler of counsel), for John T. Bandler, res — THE ABOVE-NAMED PETITIONER HAVING PRESENTED APPLICATIONS TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, AND FOR RELATED RELIEF, NOW, UPON READING AND fiLING THE PAPERS IN SAID PROCEEDING, AND DUE DELIBERATION HAVING BEEN HAD THEREON, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATIONS BE AND THE SAME HEREBY ARE DENIED, AND THE PETITION DISMISSED, WITHOUT COSTS OR DISBURSEMENTS. MAZZARELLI, J.P., SWEENY, FREEDMAN, GISCHE, JJ. [M-1880 & M-2033]IN RE ANNA CIANO, pet, v. HON. MAXWELL J. WILEY, ETC. res — ANNA CIANO, PETITIONER PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (John T. Bandler of counsel), for John T. Bandler, res — THE ABOVE-NAMED PETITIONER HAVING PRESENTED APPLICATIONS TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, AND FOR RELATED RELIEF, NOW, UPON READING AND fiLING THE PAPERS IN SAID PROCEEDING, AND DUE DELIBERATION HAVING BEEN HAD THEREON, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATIONS BE AND THE SAME HEREBY ARE DENIED, AND THE PETITION DISMISSED, WITHOUT COSTS OR DISBURSEMENTS. TOM, J.P., ACOSTA, RENWICK, DEGRASSE, RICHTER, JJ. 10136PEOPLE, res, v. CELSO ALVAREZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Susan H. Salomon of counsel), for ap — CELSO ALVAREZ, APPELLANT PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for res — Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered June 22, 2010, convicting defendant, after a jury trial, of murder in the second degree, robbery in the first degree (three counts) and robbery in the second degree, and sentencing him to an aggregate term of 22 years to life, unanimously affirmed. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394596 1202601394596 10116. GLENFORD MCDONALD, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY def-ap, Sanitary Plumbing & Heating Corp.def — Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Vanessa M. Corchia of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394541 1202601394541 MATTER OF JEREMIAH I. W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, ROGER H. W. (ANONYMOUS), JR., ap — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394477 1202601394477 MATTER OF ROBERTA J. (ANONYMOUS), ap — v. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, ET AL., res — Appeal by Roberta J. from an order of the Family Court, Westchester County, dated February 7, 2013. By dated April 3, 2013, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the : http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394400 1202601394400 10131. TANIA ADLEY plf-res, v. KANSAS FRIED CHICKEN, INC. def-ap, SNEAKER Q LLC def-res — KANSAS FRIED CHICKEN, INC. Third-Party plf-ap, v. LOUIS S. HONG, Third-Party def-res — Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for ap — Popkin & Popkin, LLP, Brooklyn (Steven J. Popkin of counsel), for Tania Adley and Gary Adley, res — Law Offices of Michael E. Pressman, New York (Tod S. fichtelberg of counsel), for Sneaker Q LLC, and Louis S. Hong, res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about August 10, 2012, which, insofar as appealed from as limited by the briefs, denied defendants/ third-party plaintiffs' cross motion for summary judgment dismissing the complaint and cross claims asserted against them or, in the alternative, for summary judgment on their commonlaw indemnification claim against defendant/third-party defendant Louis S. Hong, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendants/third-party plaintiffs (Kansas and Bullard) dismissing the amended complaint and cross claims asserted against them. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394317 1202601394317 MATTER OF SOLIA B. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, APPELLANT; NATASIA S. (ANONYMOUS), res — Motion by the appellant, inter alia, to direct that the respondent stay away from the subject child, pending hearing and determination of appeals from two orders of the Family Court, Kings County, both dated May 6, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394279 1202601394279 PEOPLE, ETC., res, v. KIM S. WOLFE, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 22, 2011, as a poor person, and for the . http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394237 1202601394237 10124. RESOURCE fiNANCE COMPANY plf-res, v. CYNERGY DATA LLC, ET AL, def, CARD PAYMENT SERVICES, LLC def-ap — Reiss Sheppe LLP, New York (Robert J. Grand of counsel), for ap — Foley & Lardner LLP, New York (Akiva M. Cohen of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered September 26, 2011, which denied the motion of defendants Card Payment Services, LLC and Seymour Weissman to dismiss the complaint as against them, unanimously modified, on the law, to grant the motion to the extent of dismissing the second, fifth, sixth, seventh and eighth causes of action as against Card Payment Services and Weissman, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394190 1202601394190 IRENE MIALS ap, v. LEILA DOREEN MILLINGTON res — Motion by the appellants, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated April 4, 2013, and, in effect, to vacate an of this Court dated May 14, 2013, which granted separate applications by the respondents Zsa Zsa Millington Harewood and Ricardo Harewood pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394148 1202601394148 PEOPLE, ETC., res, v. JUAN PEREZ, 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 2, 2011. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394106 1202601394106 MATTER OF LUIS A. FIGUEROAROLON, SR., res, v. VERONICA M. TORRES, ap — Appeal by Veronica M. Torres from an order of the Family Court, Queens County, dated April 15, 2013. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394064 1202601394064 10125-10126-10127. CAMMEBY'S EQUITY HOLDINGS LLC, plf-res, v. MARINER HEALTH CARE, INC. def-ap — Latham & Watkins LLP, Wasington, DC (Daniel Meron of the bar of the District of Columbia, admitted pro hac vice, of counsel), for Mariner Heath Care, Inc., ap — Davidoff Hutcher & Citron LLP, New York (Martin H. Samson of counsel), for National Senior Care, Inc. and Harry Grunstein, ap — Dechert LLP, New York (Steven A. Engel of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered March 16, 2012, which, inter alia, granted plaintiff's motion for summary judgment, unanimously affirmed, with costs. Orders, same court and Justice, entered September 20, 2012 and November 13, 2012, which, to the extent appealable, denied defendants' respective motions to renew, unanimously affirmed, with costs, and appeal from the November 13, 2012 order otherwise dismissed, without costs, as taken from a nonappealable paper. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601394020 1202601394020 MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, PETITIONER-res, MARK HERSH APPELLANTS res — (FILE NO. 4035/07) — Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 23, 2013, which determined an appeal from an order of the Surrogate's Court, Queens County, dated June 15, 2011. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393982 1202601393982 10144. IN RE BERNADETTE CAMACHO, pet-ap, v. CITY OF NEW YORK res-res — Glass Krakower LLP, New York (Bryan D. Glass of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Fay Ng counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered April 16, 2012, which, inter alia, denied the petition to vacate a post-hearing award sustaining specifications of verbal abuse of students and imposing the penalty of termination of petitioner's employment as a New York City schoolteacher, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393938 1202601393938 10133N. MARISOL ECHEVARRIA, AS ADMINISTRATRIXOF THE ESTATE OF DAVID BARRIERA, ETC., plf-res, v. ROBIN SADKER, M.D. def, BETH ISRAEL MEDICAL CENTER, def-ap — McAloon & Friedman, P.C., New York (Gina Bernardi Di Folco of counsel), for ap — Leav & Steinberg, LLP, New York (Philip R. Papa of counsel), for res — Amended order, Supreme Court, Bronx County (Stanley B. Green, J.), entered June 7, 2012, which, after a hearing, denied defendant Beth Israel Medical Center's motion to change venue from Bronx County to New York County, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393894 1202601393894 MATTER OF PAUL ADAMO, ap, v. TANIA RUSSO, res — Appeal by Paul Adamo from an order of the Family Court, Kings County, dated December 17, 2012. By decision and of this Court dated April 5, 2013, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the : http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393852 1202601393852 10117. IN RE ANTHONY PELLICANE, pet-ap, v. RAYMOND KELLY, ETC. res-res — Jeffrey L. Goldberg, Port Washington, for ap — Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for res — Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered March 20, 2012, denying the petition to annul respondents' determination, which denied petitioner's application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393808 1202601393808 PEOPLE, ETC., plf, v. JUN KE, 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 March 21, 2013, which has been referred to me for determination. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393766 1202601393766 10138. IN RE KOTESWARA RAO ALLA, pet-ap, v. AMERICAN UNIVERSITY OF ANTIGUA, COLLEGE OF MEDICINE, res-res — Scoppetta Seiff Kretz & Abercrombie, New York (Roland R. Acevedo of counsel), for ap — Leonard A. Sclafani, New York, for res — Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 3, 2012, denying the petition seeking to annul respondent medical school's determination, dated May 30, 2011, that petitioner remain on a leave of absence until he submitted a required psychiatric evaluation, and granting respondent's cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393722 1202601393722 MATTER OF DYLAN G. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, VICTOR M. (ANONYMOUS), JR., ap — (PROCEEDING NO. 1) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393684 1202601393684 10143. MISKENIA SANTANA, plf-ap, v. TIC-TAK LIMO CORP. def-res — Antin Ehrlich & Epstein, LLP, New York (Kimberly S. Edmonds of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 6, 2012, which granted defendants' motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law §5102(d), and denied plaintiff's cross motion for summary judgment on the issues of liability and the serious injury threshold, unanimously modified, on the law, to deny defendants' motion to the extent it seeks dismissal of plaintiff's claim of a permanent consequential or significant limitation to her cervical spine, to grant plaintiff's cross motion to the extent it seeks summary judgment on the issue of liability, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393640 1202601393640 9525. IN RE ALBERT PRINCE, petap, v. CITY OF NEW YORK, res-res — Steven Banks, The Legal Aid Society, New York (Steven B. Wasserman of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — Judgment, Supreme Court, New York County (Cynthia Kern, J.), entered March 9, 2012, modified, on the law, to grant the petition to the extent of vacating the $2,000 fine, and otherwise affirmed, without costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393596 1202601393596 10137. LESLIE WESTREICH plfap, v. GEORGE G. BOSLER def-res — Law Office of Mark R. Kook, New York (Mark R. Kook of counsel), for ap — Jan Levien, P.C., New York (Jan Levien of counsel), for res — Order, Supreme Court, New York County (Jane S. Solomon, J.), entered July 28, 2011, which denied plaintiffs' motion for summary judgment and, upon searching the record, granted summary judgment to defendants dismissing the complaint, unanimously affirmed, with costs. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393552 1202601393552 MATTER OF NAVAEH v. W. (ANONYMOUS). ADMINISTRATION FOR CHILDRENS SERVICES, res, ROGER H. W. (ANONYMOUS), JR., ap — (PROCEEDING NO. 2) http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393510 1202601393510 MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., res, MARK HERSH, ET AL., ap — (FILE NO. 4035/07) — Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 23, 2013, which determined an appeal from an order of the Surrogate's Court, Queens County, dated June 15, 2011. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393472 1202601393472 2013-04720 JACQUELINE MORROW res, v. DENNIS GALLAGHER, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 6, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393428 1202601393428 MATTER OF RAISA HODIANTOV, res, v. YUIRY ARONOV, ap — Appeal by Yuiry Aronov from an order of the Family Court, Queens County, dated July 24, 2012. Pursuant to §670.4(a) (2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it is http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393386 1202601393386 MATTER OF RACHEL FULMER, ap, v. MICHAEL BUXENBAUM, JR., res — (APPEAL NO. 3) — Motion by the appellant to recall and vacate stated portions of a decision and order of this Court dated March 29, 2011, which determined appeals from two orders of the Family Court, Suffolk County, dated November 20, 2009, and February 2, 2010, respectively, and to refer the motion to the panel of judges assigned to determine an appeal from an order of the Family Court, Suffolk County, dated June 15, 2012. http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202601393344 1202601393344