State Court Decisions

Appellate Division, Second Department

Smolian v. Port Authority of New York and New Jersey, 22363/04

Lawsuit Filed by Detained Concorde Watcher Proceeds

22363/04
Before: Balkin, J.P., Cohen, Duffy, LaSalle, JJ.

Practice Areas: Appellate Law - Civil , Medical Malpractice

Supreme Court, Albany County

St. Barnabas Hospital v. NYS Medicaid Inspector General, 4864-14

Bid for Review of Medicaid Overcharges Fails

4864-14
Justice George Ceresia

Practice Areas: Health Law , Administrative Law

Appellate Division, First Department

Jose Marin, et al., Plaintiffs Sheryl Menkes, Esq., Nonparty Appellant v. v. Constitution Realty, LLC, et al., Defendants David B. Golomb, Esq., et al., Nonparty Respondents, 111531/07

Split Panel Upholds Ruling in Fee-Sharing Dispute

111531/07
Before: Sweeny, J.P., Andrias, Saxe, DeGrasse, Gische, JJ.

Family Court, Onondaga County

Matter of S.K. v. H.K., [Index Number Redacted by Court]

Court Finds Florida Best Forum to Determine Father's Claims of Constructive Emancipation

[Index Number Redacted by Court]
Judge Michael Hanuszczak

Practice Areas: Family Law , Civil Procedure

Supreme Court, Suffolk County, I.A.S. Part 34

Matter of Steve Fiore-Rosenfeld v. Town of Brookhaven, 14-13166

Town Attorney's Refusal to Defend, Indemnify Ex-Councilman in Underlying Suit Upheld

14-13166
Judge Joseph Pastoressa

Practice Areas: Labor and Employment

Supreme Court, Suffolk County, l.A.S. Term, Part 37

Zirbes v. John T. Mather Memorial Hospital, 29141/2010

Doctors Denied Disqualification of Patient's Attorney as Testimony Found Unnecessary

29141/2010
Justice Joseph Farneti

Practice Areas: Legal Profession , Medical Malpractice

Supreme Court, Nassau County, Trial/IAS, Part 3

Sunshine Care Corp. v. Burkett, 015873/04

Proof Insufficient to Show Absence of Court Actions Within 18 Months After Debtor's Death

015873/04
Justice F. Dana Winslow

Practice Areas: Creditors

Supreme Court, Nassau County, Trial/IAS Part 12

Zeitlin v. New York Islanders Hockey Club, L.P., 002484/15

Request for Injunctive Relief Against Islanders Hockey Club in Proposed Class Action Denied

002484/15
Justice Randy Sue Marber

Practice Areas: Civil Procedure , Class Actions

Supreme Court, New York County

Matter of Gonzalez v. New York State Department of Corrections and Community Supervision, 401130/14

Board's Denial of Parole Annulled, De Novo Hearing Ordered by Different Commissioners

401130/14
Justice Alice Schlesinger

Practice Areas: Criminal Law , Administrative Law

County Court, Westchester County

The People of the State of New York, Plaintiff v. Derven Thompson, Defendant, 14-990-01

Under Circumstances of Case 'Fellow Officer' Rule Applies in Pursuit; Gun, Statements Denied Suppression

14-990-01
Judge Barry Warhit

Practice Areas: Criminal Law , Motor Vehicles (Criminal) , Evidence

Supreme Court, Nassau County, Trial/IAS Part 3

Quinn v. McCabe, 604755/14

Continuous Representation Doctrine Inapplicable, Malpractice Suit Time-Barred

604755/14
Justice F. Dana Winslow

Practice Areas: Legal Profession , Civil Procedure

Supreme Court, Nassau County, Trial/IAS Part 37

Westreich v. Westreich, 201348/2013

Stipulation Did Not Intend for Parties' to Rent Home During Exclusive Occupancy Period

201348/2013
Justice Jeffrey Goodstein

Practice Areas: Family Law , Residential and Commercial Real Estate

Criminal Court, Kings County, Part Trial 1

The People v. Atkinson, 2014KN026194

Complaint Facially Sufficient; Constitutional Challenge Rejected, Dismissal Denied

2014KN026194
Judge Michael Gerstein

Practice Areas: Criminal Law

Supreme Court, New York County, IAS Part 6

Benjamin v. Jewish Home Lifecare, 805026/2014

Motion to Stay Medical Malpractice Litigation Pending Arbitration Denied

805026/2014
Justice Joan Lobis

Practice Areas: Alternative Dispute Resolution , Civil Procedure

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

Geico General Ins. Co. v. Class 1 Transport, 2013-1994 Q C

Subrogation Complaint Dismissal on Collateral Estoppel Grounds Should Have Been Denied

2013-1994 Q C
Before: Pesce, P.J., Weston and Aliotta, JJ.

Practice Areas: Insurance Law , Alternative Dispute Resolution , Torts , Motor Vehicles

Court of Claims

Olivar v. The State of N.Y., 117918

Claimant's Claim Against State for Liability From Alleged Unwarranted Arrest Dismissed

117918
Judge Alan Marin

Practice Areas: Torts

Supreme Court, Suffolk County

Farrago v. County of Suffolk, 08-37094

County Established Entitlement to Judgment On Applicability of Governmental Immunity

08-37094
Justice Arthur Pitts

Practice Areas: Torts

Supreme Court, Suffolk County, IAS Part 6

Matter of Acme Bus Corp. v. County of Suffolk, 23129/2013

Respondents Required to Use Competitive Bidding, Not RFP for Transportation Contract

23129/2013
Justice Ralph Gazzillo

Practice Areas: Contracts

Supreme Court, Nassau County, Trial/IAS, Part 1

Rutella v. Craig Scott Capital, LLC, 603120/14

Motion for Class Certification on Behalf Of All Unlicensed Employees Granted

603120/14
Justice Stephen Bucaria

Practice Areas: Labor and Employment , Civil Procedure , Class Actions

Supreme Court, Queens County, IAS Part 6

Kang v. Piao, 19050/13

Triable Issues Raised to Defeat Summary Judgment for Failure to Sustain Serious Injury

19050/13
Justice Howard Lane

Practice Areas: Insurance Law , Torts

Supreme Court, New York County, Part 55

Matter of Country-Wide Ins. Co. v. Progressive American Ins. Co., 650510/2015

Unilateral Mistake by Insurer Country-Wide Not Basis to Rescind Arbitration Award

650510/2015
Justice Cynthia Kern

Practice Areas: Alternative Dispute Resolution , Insurance Law

Appellate Term, 9th & 10th Judicial Districts

A & F Fire Protection Co., Inc. v. Feit, 2014-208 N C

Panel Affirms Judgment Against Contractor For Repudiation of Parties' Agreement

2014-208 N C
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Practice Areas: Contracts

Appellate Term, First Judicial Department

HARMONIC PHYSICAL THERAPY, a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app

14-449. HARMONIC PHYSICAL THERAPY, a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from order (Gerald Lebovits, J.), entered November 14, 2013, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order (same court and Judge), entered July 17, 2014, which, upon reargument, adhered to the original determination denying defendant's motion for summary judgment dismissing the complaint, and so considered, order reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

14-449
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. ZOHAR SASSON, def-app

13-239. THE PEOPLE, res, v. ZOHAR SASSON, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Jennifer G. Schecter, J.), rendered August 1, 2012, affirmed.

13-239
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

PEOPLE v. NORTON, DONALD; SHANNON, ANGELA; JONES, CHERRELLE; MAYHAN, SANDRA

PEOPLE v. NORTON, DONALD; SHANNON, ANGELA; JONES, CHERRELLE; MAYHAN, SANDRA — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person.


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

PEAK CHIROPRACTIC, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS. CO

PEAK CHIROPRACTIC, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that plaintiffs-respondents' motion to dismiss the appeals is denied.


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

Appellate Term, First Judicial Department

TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res

15-137. TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Lynn R. Kotler, J.), entered March 21, 2014, insofar as appealed from, reversed, with $10 costs, plaintiffs' cross motion for partial summary judgment on their first through sixth causes of action is granted, and that branch of defendant's motion seeking to compel discovery is denied.

15-137
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

HARMONIC PHYSICAL THERAPY, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS. CO

HARMONIC PHYSICAL THERAPY, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that plaintiffs-respondents' motion to dismiss the appeals is denied.


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

Appellate Term, First Judicial Department

125-127 ALLEN STREET ASSOCIATES v. MEI JIAO LIN; NEW YORK PLAZA RESIDENTIAL LLC v. NAULEAU, HEIDI; 276 RIVERSIDE ASSOCIATES LLC v. SCOTT, GEORGE; YMCA OF GREATER N.Y. v. FREEMAN, PATRICK

125-127 ALLEN STREET ASSOCIATES v. MEI JIAO LIN; NEW YORK PLAZA RESIDENTIAL LLC v. NAULEAU, HEIDI; 276 RIVERSIDE ASSOCIATES LLC v. SCOTT, GEORGE; YMCA OF GREATER N.Y. v. FREEMAN, PATRICK — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ex-parte applications are declined.


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

Appellate Term, First Judicial Department

PEAK CHIROPRACTIC, P.C., a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app

14-450. PEAK CHIROPRACTIC, P.C., a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from order (Gerald Lebovits, J.), entered November 14, 2013, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order (same court and Judge), entered July 17, 2014, which, upon reargument, adhered to the original determination denying defendant's motion for summary judgment dismissing the complaint, and so considered, order reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly. (See Harmonic Physical Therapy v. Encompass Home and Auto Ins. Co., appeal numbered 14-449, decided herewith.)

14-450
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

ACUPUNCTURE SOLUTIONS, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS CO

ACUPUNCTURE SOLUTIONS, PC a/a/o CAMPBELL v. ENCOMPASS HOME & AUTO INS CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that plaintiffs-respondents' motion to dismiss the appeals is denied.


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

Appellate Term, First Judicial Department

ACUPUNCTURE SOLUTIONS, P.C., a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app

14-448. ACUPUNCTURE SOLUTIONS, P.C., a/a/o SHAMEL CAMPBELL, plf-res, v. ENCOMPASS HOME AND AUTO INSURANCE COMPANY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from order (Gerald Lebovits, J.), entered November 14, 2013, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order (same court and Judge), entered July 17, 2014, which, upon reargument, adhered to the original determination denying defendant's motion for summary judgment dismissing the complaint, and so considered, order reversed, with $10 costs, motion granted and complaint dismissed.

14-448
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

JUAN DIAZ, plf-res, v. MARINO JAVIER, def-app

15-171. JUAN DIAZ, plf-res, v. MARINO JAVIER, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment (Mitchell J. Danziger, J.), entered on or about December 21, 2010, affirmed, without costs.

15-171
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. SHAKIYA ROBINSON, def-app

13-423. THE PEOPLE, res, v. SHAKIYA ROBINSON, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Melissa A. Crane, J. at plea; Erika M. Edwards, J. at sentencing), rendered May 15, 2013, affirmed.

13-423
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Supreme Court, Suffolk County, I.A.S. Part 33

Bank of America, NA v. Maeder, 060078/2013

BoA Has Standing to Sue for, Awarded Summary Judgment in Foreclosure Action

060078/2013
Justice Thomas Whelan

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Nassau County, Trial/IAS, Part 3

TCA Global Credit Master Fund, L.P. v. Puresafe Water Systems, Inc., 000329-2015

New York Court Declines to Afford Florida Judgment Full Faith, Credit

000329-2015
Justice F. Dana Winslow

Practice Areas: Civil Procedure

Supreme Court, Kings County

Tirado v. Board of Trustees of the N.Y. City Fire Dept. Pension Fund, 1722/2013

Denial of Surviving Spouse Benefits Annulled; FDPF to Pay Firefighter's Widow Benefits

1722/2013
Justice Richard Velasquez

Civil Court, New York County

Jeddah Madison Corp. v. Steven Vornea 529 West 113th Street, L & T 71375/2014

Owner Granted Final Judgment, Tenant Awarded 35% Abatement on Rent Owed

L & T 71375/2014
Judge Sabrina Kraus

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County, Part 5

40 Rector Owner LLC v. The City of N.Y., 652926/12

Landlord Not Entitled to Summary Judgment On Liability, As to Use and Occupancy Claims

652926/12
Justice Lynn Kotler

Practice Areas: Landlord/Tenant Law

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

Posses & Chasan CPA'S, PLLC v. Chavarria, 2013-2671 K C

Order Granting Vacatur of Default Reversed For Failure to Rebut Process Server's Affidavit

2013-2671 K C
Before: Pesce, P.J., Weston and Aliotta, JJ.

Practice Areas: Civil Procedure

Supreme Court, New York County, Commercial Division Part 49

Steven Rattner and Monomoy Farm, LLC, Plaintiffs v. Declan Orpen, Declan Orpen Show Stables, Inc. (Florida), and Declan Orpen Show Stables, Inc. (New York), Defendants, 651717/2014

Judge Awards $1.75M Over Horse Farm Mismanagement

651717/2014
Justice O. Peter Sherwood

Practice Areas: Contracts , Breach

Appellate Division, Second Department

Fernanda DeSouza, Appellant v. Ahammad Reja Khan, et al., Respondents, et al., Defendants, 24432/10

Panel Grants New Trial in Taxicab Collision Case

24432/10
Before: Rivera, J.P., Austin, Sgroi, Barros, JJ.

Practice Areas: Civil Procedure , Appellate Law - Civil , Torts , Motor Vehicles

Surrogate's Court, New York County

ESTATE OF RICHARD PAUL MURRAY, Deceased

ESTATE OF RICHARD PAUL MURRAY, Deceased, (09/1444/D) — This petition for leave to allocate and distribute the net settlement proceeds of the causes of action for the conscious pain and suffering and wrongful death of Richard Paul Murray is granted. Proceeds in the sum of $26,378.92 shall be allocated to the cause of action for conscious pain and suffering and the remainder shall be allocated to the cause of action for wrongful death as set forth in the petition.

09/1444/D
Surrogate Anderson

Surrogate's Court, Richmond County

ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased

ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased. (14/1251/A) — In this pending proceeding, the Court denied the petition seeking an extension of time to file and serve a renunciation, inasmuch as petitioner failed to show reasonable cause for not filing and serving the renunciation timely. Counsel for petitioner, however, now moves for leave to renew the Order of the Court denying the petition.

14/1251/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF JAWARA HENRY, Deceased

ESTATE OF JAWARA HENRY, Deceased. (10/1218/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on April 5, 2011, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.

10/1218/A
Surrogate Gigante

Surrogate's Court, Bronx County

Estate of Kayla Ruby Hambright

Order signed; 185G2004 -Estate of Kayla Ruby Hambright; Order signed; 184G2004 -Estate of Jakiyra Angela Hambright; Order signed; 199G2004/A -Estate of Destiny Diaz; Order signed; 102G2004 -Estate of Davion Sean Smith; Decree signed; 2012-882 -Guardianship of Valentin Perez Jr; Decree signed; 2014-850 -Guardianship of Alberto Jeffrey; Zambrano; Decree signed; 2014-2529 -Guardianship of Jenny Phan; Decree signed; 2015-391 -Guardianship of Vanessa Kay; Stewart; Decree signed; 2010-757/A -Guardianship of Brieanny; Elizabeth Bello; Decree signed; 2014-2333 -Guardianship of Jhovany; Johnathon Rodriguez; Decree signed; 2015-523 -Guardianship of Xavier Allen; Rodriguez; Decree signed; 2014-2523 -Guardianship of Isaiah Edward; Holmes; Decree signed; 2014-2657 -Guardianship of Nia Joye Wade; Decree signed; 2015-452 -Guardianship of Vismairely; Fernandez; Decree signed; Guardianship of Nyla Denise Sams; Decree signed; 2014-2747 -Guardianship of Juan Gabriel; Hernandez-Rivera; Decree signed; 2015-810 -Guardianship of Tyrah Chelsea; Stewart

185G2004
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Willie Sykes

Order signed; 2015-682/A -Estate of Willie Sykes; Order signed; 2012-626 -Estate of Reinaldo Morales; Order signed; 2014-596 -Estate of John Avallone; Order signed; 2014-2281/B -Estate of Jessica Alston; Order signed; 2014-2187/A -Estate of Annie Stemridge; Order signed; 2014-2547 -Estate of Robertei Titus; Decree signed; 2015-423 -Estate of Betty Lloyd; Decree signed; 2013-2025/A -Estate of Richard Contin; Decree signed; 2015-252 -Estate of Teresa M Espinoza; Decree signed; 2014-2136 -Estate of Doris Gonzalez Alomar; Decree signed; 2013-1334 -Estate of Rosarie Skerritt; Decree signed; 2015-424 -Estate of David Maurinac; Decree signed; 2015-341 -Estate of Gladys Heath; Decree signed; 2014-2807 -Estate of Kelvin Pathay; Decree signed; 2015-659 -Estate of Florence E Page; Decree signed; 2014-933/A -Estate of Donald Bristow; Decree signed; 2014-2498 -Estate of John Bartoszewski

2015-682/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF PEDRO ANTONIO FRIAS, Deceased

ESTATE OF PEDRO ANTONIO FRIAS, Deceased, (11/4865) — This petition for leave to compromise causes of action for the conscious pain and suffering and wrongful death of Pedro Antonio Frias and to allocate and distribute the net settlement proceeds is granted. Proceeds in the sum of $6,530.28 shall be allocated to the cause of action for conscious pain and suffering, and the balance in the sum of $43,469.72 shall be allocated to the cause of action for wrongful death as set forth in the petition.

11/4865
Surrogate Anderson

Surrogate's Court, Bronx County

Estate of Retel Henry

Order signed; 2015-874 -Estate of Retel Henry; Order signed; 2013-390 -Estate of Benny Quartarone; Order signed; 2013-2352/A -Estate of Anja Impola; Order signed; 2011-2567 -Estate of Bernice Hinton; Order signed; 2013-2547 -Estate of Ramonita Escabi; Order signed; 2011-2324 -Estate of Leon Hernesh; Order signed; 2015-979 -Estate of James Battle; Order signed; 2013-1431/A -Estate of Helen M Kennett; Order signed; 2015-755 -Estate of Marie McKenna; Order signed; 2014-2010 -Estate of James Pridgen; Order signed; 2012-1424/A -Estate of Henry Rothschild; Decree signed; 2015-64 -Estate of Charles J Philactos; Decree signed; 2015-883 -Estate of Arthur Lang; Decree signed; 2015-865 -Estate of Deborah Lerner; Decree signed; 2015-707/A -Estate of June R Vollman; Decree signed; 2015-695 -Estate of Mary Ann Mc Quade; Decree signed; 2015-604 -Estate of Thomas J Baker Jr; Decree signed; 2015-870 -Estate of Olga Caro; Decree signed; 2015-55 -Estate of Maria Terez Szanyi; Decree signed; 2015-260 -Estate of Rita M Miskimmon; Decree signed; 2014-2586 -Estate of Ralph A Hand

2015-874
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Carmen Socorro Ortiz Figueroa

Order signed; 2012-2891/B -Estate of Carmen Socorro Ortiz Figueroa

2012-2891/B
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

DOMINICK QUINTANA

MATTER OF DOMINICK QUINTANA; Giovanni Selvaggio; Michelina Selvaggio; Joseph W. Carristo — 2 orders.


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF ROBERTO LORENZO MARCIAL, Deceased

ESTATE OF ROBERTO LORENZO MARCIAL, Deceased, (12/2426/B) — The application by the administrator of the estate of Roberto Lorenzo Marcial, to allocate and distribute the net settlement proceeds from causes of action for decedent's personal injuries and wrongful death is approved. The restrictions in the letters of administration issued to petitioner, Rannylin Stephanie Dalley, Esq., on October 4, 2012, are hereby removed. The administrator is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement. The administrator, who is not a distributee of the decedent, waives statutory commissions.

12/2426/B
Surrogate Mella

Surrogate's Court, Bronx County

Estate of Erick Vielot

Order signed; 2012-1006/D -Estate of Erick Vielot; Order signed; 285A2003/C -Estate of Renee Roberson; Order signed; 2012-1424/C -Estate of Henry Rothschild; Decree signed; 2011-2905/A -Estate of Lala Taylor; Decree signed; 2008-2776/D -Estate of James E Crowley

2012-1006/D
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

AMELIA GUGLIELMETTI

ORDERS SIGNED: MATTER OF AMELIA GUGLIELMETTI; Sheila English; Joan P. Nelsen; Arthur McGrath.


Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF PETER L. BULATOWICZ, Deceased

ESTATE OF PETER L. BULATOWICZ, Deceased. (09/508/B) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County as Administrator of this estate.

09/508/B
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF LARRY MARRERO, Deceased

ESTATE OF LARRY MARRERO, Deceased. (14/1149) — Petitioner seeks to admit to probate a testamentary instrument, dated January 28, 2014, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.

14/1149
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF MARIAN LORRAINE TESSA, a/k/a MARIAN TESSA, Deceased

ESTATE OF MARIAN LORRAINE TESSA, a/k/a MARIAN TESSA, Deceased. (15/311) — Petitioner seeks probate of a propounded instrument, dated May 28, 2013, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to him.

15/311
Surrogate Gigante

Surrogate's Court, Bronx County

Estate of Erick Vielot

Order signed; 2012-1006/B -Estate of Erick Vielot; Order signed; 2012-1006/C -Estate of Erick Vielot; Order signed; 2012-232/A -Estate of Viola Eligio-Badger; Order signed; 2013-1444/A -Estate of Ida Ellen Needleman; Order signed; 2013-771/A -Estate of Marion Owens; Decree signed; 2013-642/A -Estate of Edith Bottstein

2012-1006/B
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

ESTATE OF MICHAEL J. MURPHY, Deceased

ESTATE OF MICHAEL J. MURPHY, Deceased. (14/647/A) — This an application by the limited executrix of this estate to modify the limitations contained in the Limited Letters Testamentary issued on July 30, 2014, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of decedent.

14/647/A
Surrogate Gigante

Surrogate's Court, Richmond County

SANTO V. RANDAZZO

DECREES SIGNED: MATTER OF SANTO V. RANDAZZO; Joseph A. LaBarbera; Angelo T. D'Alessio; Thomas Manisero; Thomas K. Choi; Willie Williams; Carole LeSchack; Florence C. Fetzer; An gelo J. Pappalardo; Yolanda Rocco; Frankie Sanchez; Matteo Milo; Coletta T. Guastella; Walter B. Scott; Frank V. Fossella.


Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF ANITA CHALFEN, Deceased

ESTATE OF ANITA CHALFEN, Deceased. (07/964/C) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County, as administrator c.t.a. of this estate.

07/964/C
Surrogate Gigante

Supreme Court, Madison County

Matter of Brothers, 2014-1819

Father's Petition to Change Son's Surname Granted as in Child's Best Interests

2014-1819
Justice Eugene Faughnan

Practice Areas: Family Law

County Court, Putnam County

The People v. McKenzie, 234/2005

Motion to Set Aside Conviction for Ineffective Assistance of Counsel Denied as Unsupported

234/2005
Judge James Rooney

Practice Areas: Criminal Law

Supreme Court, Westchester County

Tamarez De Jesus v. Metro-North Commuter Railroad d/b/a Metro-North Railroad, 57940/2013

Metro North Found Entitled to Dismissal Of Worker's Labor Law §240(1) Claim

57940/2013
Justice William Giacomo

Practice Areas: Labor and Employment

Supreme Court, New York County

Khan v. The New York City Health and Hospitals Corp., 158058/14

Employee's Labor Law §741, Other Claims Barred by Res Judicata, Collateral Estoppel

158058/14
Justice Donna Mills

Practice Areas: Labor and Employment , Civil Procedure

Appellate Term, 9th & 10th Judicial Districts

Dunn v. BC Benjamin Auto Sales, Inc., 2014-516 N C

Panel Finds Certain Repairs Not Covered By Lemon Law, Reduces Buyer's Award

2014-516 N C
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, First Judicial Department

PEOPLE v. ANDERSON, SHEPHERD; FLOYD, KIESHA

PEOPLE v. ANDERSON, SHEPHERD; FLOYD, KIESHA — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is ordered that the motion of the motion of the defendantappellant is granted.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

PEOPLE v. CLAUDIO, RUDY; LAMB, RASHAAN

PEOPLE v. CLAUDIO, RUDY; LAMB, RASHAAN — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation: "So Ordered"; adjourned to the June 2015 term of this Court.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Surrogate's Court, New York County

ESTATE OF MARIANNE SALZBERG, Deceased

ESTATE OF MARIANNE SALZBERG, Deceased. (12/2318/A) — Incident to her accounting as executor of the estate of Marianne Salzberg, Anita Stern seeks leave to dispose of the portion of the residuary left in trust under the will by distributing such portion outright to the persons named as remainder beneficiaries on the ground the trust would be uneconomical (EPTL §7-1.19).

12/2318/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MACK HANAN, Deceased

ESTATE OF MACK HANAN, Deceased. (11/4075 B/C) — At the call of the calendar, the court granted petitioner's application to the extent that it requested the removal of respondent Allan J. Marrus as executor of the estate of Mack Hanan ("decedent"). Mr. Marrus had failed to appear in a prior proceeding seeking relief against him as fiduciary. Thereafter, the court issued an order dated February 4, 2015, directing Mr. Marrus to distribute to petitioner the balance of her bequest under decedent's will, provide petitioner with information regarding estate assets, and distribute any additional amount due petitioner pursuant to a conditional bequest under decedent's will. Given Mr. Marrus's failure to comply with the court's order, his removal is warranted (SCPA §711[3]). Accordingly, letters testamentary previously issued to him are hereby revoked, and he is directed to file an account of his proceedings, together with a petition for the judicial settlement thereof, within thirty (30) days of service upon him of a copy of this decision. Temporary letters of administration, c.t.a., shall issue to petitioner Andrea Lee Diamond, upon her qualifying according to law, pending a hearing to determine whether respondent Thomas G. DeVivo, Jr., nominated as successor executor under decedent's will, should be disqualified from serving pursuant to SCPA §707.

11/4075 B/C
Surrogate Anderson

Appellate Term, First Judicial Department

DHPD v. HYK-273 WEST 138TH STREET, LLC

DHPD v. HYK-273 WEST 138TH STREET, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that respondents-appellants' motion is granted on condition that respondents-appellants' perfect their appeal by no later than the October 2015 term — the filing deadline is August 12, 2015.


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

Appellate Term, First Judicial Department

PARK 80 HOLDING LLC v. NYCHA

PARK 80 HOLDING LLC v. NYCHA — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation "So Ordered": Reply Brief by 5/11/2015.


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

Appellate Term, First Judicial Department

PEOPLE v. HARPER, RODNEY; CORREA, MIGUEL

PEOPLE v. HARPER, RODNEY; CORREA, MIGUEL — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation: "So Ordered"; adjourned to the September 2015 term of this Court.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Surrogate's Court, New York County

ESTATE OF ARTHUR A. MARGULIES, Deceased

ESTATE OF ARTHUR A. MARGULIES, Deceased. (10/0966.1) — After several conferences with the court this contested probate proceeding settled pursuant to a written stipulation in which the parties agree that the propounded instrument should be denied probate. The Public Administrator has submitted a report in support of the agreement.

10/0966.1
Surrogate Anderson

Appellate Term, First Judicial Department

MORTON, GEORGE ET AL., v. 338 WEST 46TH STREET REALTY, LLC

MORTON, GEORGE ET AL., v. 338 WEST 46TH STREET REALTY, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation "So Ordered": Appeal is withdrawn. Respondent's motion dated May 5, 2015 is withdrawn.


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

Appellate Term, First Judicial Department

PENSION ACTUARIAL CONSULTANTS, INC v. DROSNIN, MICHAEL; NYCHA — POLO GROUNDS v. JAMES, COREY; IRONTON REALTY LLC v. LABISSIERE, ROLAND

PENSION ACTUARIAL CONSULTANTS, INC v. DROSNIN, MICHAEL; NYCHA — POLO GROUNDS v. JAMES, COREY; IRONTON REALTY LLC v. LABISSIERE, ROLAND — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ex-parte applications are granted.


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

Appellate Term, First Judicial Department

HANCOCK PLACE APARTMENTS ASSOCIATES L.P. v. BROWN, GILLIAN

HANCOCK PLACE APARTMENTS ASSOCIATES L.P. v. BROWN, GILLIAN — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that tenant-appellant's motion is denied.


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

Appellate Term, First Judicial Department

P.S. LOFTS LLC & 327 ST NICHOLAS LLC., pet-land-app, v. DENNIS JEROME KYLE, res-ten-res

15-154. P.S. LOFTS LLC & 327 ST NICHOLAS LLC., pet-land-app, v. DENNIS JEROME KYLE, res-ten-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Jack Stoller, J.), entered on or about April 25, 2014, affirmed, with $25 costs.

15-154
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

PEOPLE v. MCRAE, BARRY

PEOPLE v. MCRAE, BARRY — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Esq. Of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

THE PEOPLE, app, v. TOMMEY VARGAS, def-res

14-386. THE PEOPLE, app, v. TOMMEY VARGAS, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (John H. Wilson, J.), dated June 27, 2013, reversed, on the law, accusatory instrument reinstated, and matter remanded to Criminal Court for further proceedings.

14-386
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

PEOPLE v. AMBROSE, LENNY

PEOPLE v. AMBROSE, LENNY — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ordered that the motion for an extension of time to take an appeal, for permission to appeal from the denial of a CPL 440.10 motion and for other relief is denied.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Surrogate's Court, New York County

ESTATE OF ESTHER B. SMITH, Deceased

ESTATE OF ESTHER B. SMITH, Deceased. (01/2347 A) — This unopposed application by the remainder beneficiary of a testamentary trust for the appointment of a successor trustee is granted. Letters of trusteeship previously issued to Roy J. Karlin, now deceased, are hereby revoked. Letters of successor trusteeship shall issue to Lissett C. Ferreira, who shall serve as trustee upon her qualifying according to law.

01/2347 A
Surrogate Anderson

Appellate Term, First Judicial Department

WILLIAM RAND, RUTH ALPERT, AND ESTHER EVANS (AS SUCCESSORS IN INTEREST TO THE ESTATE OF MERNA ALPERT), ANDRE J. JAGENDORF, RICHARD READ AND WILLIAM C. RAND, pet-land-res, v. BEDFORD HOTEL, INC., res-ten-app, -and- AVENUE S RESTAURANT CORP. d/b/a FAGIOLINI AND “XYZ CORP.,” res

15-138. WILLIAM RAND, RUTH ALPERT, AND ESTHER EVANS (AS SUCCESSORS IN INTEREST TO THE ESTATE OF MERNA ALPERT), ANDRE J. JAGENDORF, RICHARD READ AND WILLIAM C. RAND, pet-land-res, v. BEDFORD HOTEL, INC., res-ten-app, -and- AVENUE S RESTAURANT CORP. d/b/a FAGIOLINI AND "XYZ CORP.," res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from order (Debra Rose Samuels, J.), dated May 21, 2014, deemed an appeal from the ensuing final judgment (same court and Judge), entered May 30, 2014, and so considered (see CPLR 5520[c]), final judgment affirmed, with $25 costs.

15-138
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

PEOPLE v. GARCIA, KRYSTINE

PEOPLE v. GARCIA, KRYSTINE — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation: "So Ordered"; withdrawn with prejudice.


: Schoenfeld, Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

DAVID ELLIS REAL ESTATE, L.P., v. GILLEN, OTO

DAVID ELLIS REAL ESTATE, L.P., v. GILLEN, OTO — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that the motion of the petitioner landlord is denied.


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

Appellate Term, First Judicial Department

125-127 ALLEN STREET ASSOCIATES v. LIN, MEI JIAO; 42ND & 10TH ASSOCIATES, LLC v. IKEZI, HENRY P.; 431 AUDUBON LLC v. PEREZ, RAPHAEL; CABRINI BLOCK FRONT LLC v. GUTMAN, M. & OLIVIO, J.; YMCA OF GREATER NY v. FREEMAN, PATRICK; AHMED, MANZOOR v. CHELSEA HIGHLINE HOTEL ET AL.; NYCHA — SOUNDVIEW HOUSES v. SAIDIN, MOHAMMED; 132 EAST 61 REALTY LLC v. 61 LEX PARK RESTAURANT INC

125-127 ALLEN STREET ASSOCIATES v. LIN, MEI JIAO; 42ND & 10TH ASSOCIATES, LLC v. IKEZI, HENRY P.; 431 AUDUBON LLC v. PEREZ, RAPHAEL; CABRINI BLOCK FRONT LLC v. GUTMAN, M. & OLIVIO, J.; YMCA OF GREATER NY v. FREEMAN, PATRICK; AHMED, MANZOOR v. CHELSEA HIGHLINE HOTEL ET AL.; NYCHA — SOUNDVIEW HOUSES v. SAIDIN, MOHAMMED; 132 EAST 61 REALTY LLC v. 61 LEX PARK RESTAURANT INC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Ex-parte applications are declined.


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

Appellate Term, First Judicial Department

FARMORE REALTY, INC., v. 1604-1610 BROADWAY OWNER, LLC

FARMORE REALTY, INC., v. 1604-1610 BROADWAY OWNER, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Stipulation "So Ordered": Appeal is withdrawn with prejudice.


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

Appellate Term, First Judicial Department

THE PEOPLE, res, v. CHEIKH DIALLO, def-app

14-194. THE PEOPLE, res, v. CHEIKH DIALLO, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Verna L. Saunders, J.), rendered September 13, 2013 affirmed.

14-194
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

FARMORE REALTY, INC., v. 1604-1610 BROADWAY OWNER, LLC

FARMORE REALTY, INC., v. 1604-1610 BROADWAY OWNER, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that the motion of petitionerlandlord is denied as moot.


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

Surrogate's Court, New York County

ESTATE OF MARVIN HORNSTEIN, Deceased

ESTATE OF MARVIN HORNSTEIN, Deceased, (11/1561/A) — The proposed compromise of a cause of action for decedent's wrongful death is approved. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement proceeds and execute the necessary receipts and releases.

11/1561/A
Surrogate Anderson

New York State, Court of Appeals

People &c., Respondent v. Jarrod Brown, Respondent, No. 58

Ruling Finds Parolees Can Be Resentenced Under Drug Law Reform

No. 58
Opinion by Chief Judge Lippman. Judges Pigott, Rivera, 
Stein and Fahey concur. Judge Read dissents in an opinion 
in which Judge Abdus-Salaam concurs.

Practice Areas: Criminal Law

New York State, Court of Appeals

Eileen Malay, Appellant v. City of Syracuse, et al., Respondents, No. 62

Lawsuit Over Damage Caused by Police Action at Neighboring Apartment Not Time-Barred

No. 62
Opinion by Judge Fahey. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Stein concur.

Practice Areas: Civil Procedure , Appellate Law - Civil , Civil Rights

New York State, Court of Appeals

In the Matter of State of New York, Respondent v. Robert F. (Anonymous), Appellant, No. 53

Allowing Expert to Testify Via Two-Way Video Conference in Civil Commitment Proceeding Was Harmless Error

No. 53
Opinion by Judge Pigott. Chief Judge Lippman and Judges Read, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Evidence , Expert Witnesses , Criminal Law , Health Law

County Court, Seneca County

The People of the State of New York, Plaintiff v. Ryan J. Reeder, Defendant, 14-131

Indictment Dismissed in Heroin Overdose Case

14-131
Justice Dennis Bender

Practice Areas: Criminal Law

Appellate Division, First Department

S.T.A. Parking Corp., Plaintiff-Respondent v. Lancer Insurance Company, Defendant-Appellant, 108091/08

Panel Vacates $200K Attorney Fee for JHO's Lack of Records

108091/08
Before: Gonzalez, P.J., Tom, Richter, Manzanet-Daniels, Kapnick, JJ.

Practice Areas: Legal Profession , Attorney Fee Recovery , Appellate Law - Civil

Supreme Court, Suffolk County, I.A.S. Term, Part 23

State of New York v. Marcello A., 016768-2014

'Floyd Y.' Inapplicable at Probable Cause Stage in MHL Article 10 Hearings

016768-2014
Justice Emily Pines

Practice Areas: Criminal Law , Health Law

Supreme Court, Queens County, IA Part 27

Cioffi v. New York Sports Clubs, 18227/2012

Member Barred From Recovering From Gym for Injuries by Assumption of Risk Doctrine

18227/2012
Justice Darrell Gavrin

Practice Areas: Torts

Criminal Court, Kings County, Part AP-2

The People v. Douglas, 2014KN055008

Prosecutors Fail to Show Exceptional Circumstances for Witness' Unavailability

2014KN055008
Judge Andrew Borrok

Practice Areas: Criminal Law