State Court Decisions

New York State, Court of Appeals

People v. Sean John, No. 29

"Surrogate" Witnesses With General Knowledge of Testing Procedures Prohibited, Analyst Linking DNA to Defendant Must Testify

No. 29
Judges Rivera, Stein and Fahey concur. Judge Garcia dissents and votes to affirm in an opinion in which Judges Pigott and Abdus-Salaam concur.

Supreme Court, New York County, Part 31

Jackson K. v. Parisa G., 300957/15

Wife's Motion to Dismiss Complaint Alleging Parties' Marriage Valid Absent Certificate Denied

300957/15
Justice Laura Drager

Appellate Division, First Department

Garthon Business v. Stein, 653715/14

Panel Finds NY, Not London, Is Proper Forum for Dispute

653715/14
Before: Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels, Gische, JJ.

Supreme Court, Kings County, At Term Comm-11

Delfasco, Plaintiff(s) v. Steven Powell, Defendant(s), 502539/2015

502539/2015
Justice Sylvia Ash

Appellate Division, First Department

Klupchak v. First East Village Associates, 110617/09

Vertical Ladder Fire Escape Where Student Fell Ruled Illegal

110617/09
Before: Tom, J.P., Acosta, Moskowitz, Gische, JJ.

Supreme Court, Kings County, Criminal Term Part 24

The People v. Simon, 7811/2014

Court Finds Officers' Testimony Not Credible, 'Mapp', 'Dunaway' Suppression Motion Granted

7811/2014
Justice ShawnDya Simpson

District Court, Nassau County, Criminal Term Part 8

The People v. Vezza, 2014NA025882

Statements in Custody Likely to Elicit Response To Be Used Against Defendant Suppressed

2014NA025882
Judge Andrew Engel

Family Court, Kings County

Matter of Jonathan C. v. Iaishia Q. T., F-18212-2009

Vacatur of Order of Filiation Motion Held In Abeyance Pending Estoppel Hearing

F-18212-2009
Judge Javier Vargas

Family Court, Bronx County, Part 2

Matter of Julissa P., NN-18156/15

Aid of Court Remained Necessary; ACS Denied Withdrawal of Neglect Petition

NN-18156/15
Judge Alma Gomez

Appellate Term, 9th & 10th Judicial Districts

The People v. Frankel, 2014-583 N CR

Defendant Lacks Standing to Challenge Money's Seizure; Order Reversed, Suppression Denied

2014-583 N CR
Before: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Division, First Department

Quintavalle v. Perez, 303665/14

Panel Finds No Comparative Negligence for Injured Pedestrian

303665/14
Before: Friedman, J.P., Sweeny Jr., Saxe, Richter, Kahn, JJ.

Family Court, Queens County

Matter of Arturo R., D-6356/06

Sealing Record of Prior Juvenile Delinquency Proceeding Granted in Interest of Justice

D-6356/06
Judge John Hunt

Civil Court, Queens County, Small Claims Part

Nieves v. City of N.Y., 2785/2015

Nothing in Facts Indicate Property Damage Exceeded Reasonable Search by Police

2785/2015
Arbitrator Dale Frederick

Supreme Court, Queens County, Criminal Term, Part TAP-A

The People v. Bacquie, 896-2014

Defendant Errs in Relying on 'Sibblies'; Dismissal Denied, §30.30 Time Not Exceeded

896-2014
Justice Barry Kron

Surrogate's Court, Bronx County

Estate of Sheahan, 2013-1578/B/C

Brother's Cross-Petition for Stay, Letters Struck Unless Bond Filed for Discovery to Proceed

2013-1578/B/C
Surrogate Nelida Malave-Gonzalez

Criminal Court, New York County, Part E

The People v. Sanchez, 2015NY040890

Prosecutors, Defense Incorrectly Calculate Chargeable Time Under CPL §30.30

2015NY040890
Judge Guy Mitchell

Appellate Term, 9th & 10th Judicial Districts

The People v. Lawrence, 2014-1618 S CR

Verdict Conviction for Endangering Welfare Of Child Against Weight of Evidence, Reversed

2014-1618 S CR
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Surrogate's Court, New York County

ESTATE OF ROBERT A. KOEPPEL, Deceased

ESTATE OF ROBERT A. KOEPPEL, Deceased (96/4098/C) — In the context of a proceeding commenced by former counsel to William Koeppel seeking to hold him in contempt for violating certain orders of this court, the petitioning law firms have moved by Order to Show Cause to compel two attorneys and a law firm to produce documents requested by subpoena. One of the attorneys from whom documents are sought is Koeppel's current counsel. The other attorney and the law firm on whom the subpoenas were served previously represented Koeppel at the time the subject orders were issued.

96/4098/C
Surrogate Mella

Appellate Term, Second Judicial Department

MIDLAND FUNDING, LLC v. FARKAS

2013-2280 K C. MIDLAND FUNDING, LLC v. FARKAS — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 10, 2013, for failure to prosecute, and for the release of funds on deposit.

2013-2280 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. AGUILAR, MISAEL

2016-355 Q CR. PEOPLE v. AGUILAR, MISAEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 12, 2016, as a poor person, and for the assignment of counsel.

2016-355 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. PARKER, JOSHUA

2016-360 RI CR. PEOPLE v. PARKER, JOSHUA — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered January 15, 2016, as a poor person, and for the assignment of counsel.

2016-360 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-00438 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated January 2, 2013, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 29, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendant-appellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Settlement & Discontinuance originally dated December 3, 2012, then re-dated December 16, 2014, nearly 16 months before it was placed on the Appellate Term calendar for oral argument,

2014-00438 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

WEINSTEIN v. CADMAN TOWERS, INC.

2014-1218 K C. WEINSTEIN v. CADMAN TOWERS, INC. — Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 17, 2014. In an order dated September 5, 2014, the Surrogate's Court, Kings County, found that letters of administration had been issued to Raymond M. Weinstein solely for the purpose of continuing a proceeding before the New York State Division of Human Rights, and that the limited letters of administration that had been issued to Raymond M. Weinstein had been revoked.

2014-1218 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-436 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated January 2, 2013, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 29, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendant-appellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Settlement & Discontinuance originally dated December 3, 2012, then re-dated December 16, 2014, nearly 16 months before it was placed on the Appellate Term calendar for oral argument,

2014-436 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BRADLEY, TYRIC

2015-1587 K CR. PEOPLE v. BRADLEY, TYRIC — Motion by Seymour W. James, Jr., Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 9, 2015, to be relieved of representing appellant on the appeal and to have other counsel substituted.

2015-1587 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. WALKER, TERRANCE

2016-354 Q CR. PEOPLE v. WALKER, TERRANCE — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 12, 2016, as a poor person, and for the assignment of counsel.

2016-354 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DELMAN, LLC v. OZCAN

2015-1367 K C. DELMAN, LLC v. OZCAN — Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015. The order denied appellant's motion, in effect, to stay the execution of the warrant in a nonpayment summary proceeding. Appellant has submitted undisputed proof that a new lease was executed effective June 1, 2015.

2015-1367 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-435 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated December 20, 2012, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 30, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendantappellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Discontinuance dated December 3, 2012, more than 3 years and four months before it was placed on the Appellate Term calendar for oral argument,

2014-435 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

GAETANE PHYSICAL THERAPY, P.C., A/A/O DELVA v. KEMPER AUTO & HOME INS. CO.

2014-936 K C. GAETANE PHYSICAL THERAPY, P.C., A/A/O DELVA v. KEMPER AUTO & HOME INS. CO. — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 27, 2013, which was determined by decision and order of this court dated March 1, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2014-936 K C
: Pesce, P.J., Weston, Solomon, JJ.

Surrogate's Court, New York County

ESTATE OF RAFAEL ALVAREZ, Deceased

ESTATE OF RAFAEL ALVAREZ, Deceased (09/0275) — The compromise of causes of action for decedent's wrongful death and conscious pain and suffering was approved, and the attorney's fees and disbursements were fixed and determined, by order of the Supreme Court, New York County. The Supreme Court also approved a payment to the New York City Department of Social Services/Human Resources Administration in the amount of $2,527.37 in full satisfaction of its Medicaid claim against decedent's estate for benefits furnished to decedent.

09/0275
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF DAVID M. CAHN, Deceased

ESTATE OF DAVID M. CAHN, Deceased (16/850) — In this uncontested probate proceeding, the court is presented with a paper writing purporting to be decedent's last will and testament, executed on December 16, 1980. There is no selfproving affidavit accompanying the document, but proponent, decedent's surviving spouse, has established that the propounded instrument was executed under the supervision of a lawyer. Proponent was unable, however, to locate either of the attesting witnesses.

16/850
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MARIA SCHMID, Deceased

ESTATE OF MARIA SCHMID, Deceased (13/3241/A) — In this final accounting of the Public Administrator as administrator of the estate of Maria Schmid, the court is asked to determine the identity of decedent's distributees. Based upon the proof submitted at two kinship hearings before a court attorney-referee, in which a guardian ad litem for persons under disability participated, the court finds that decedent was survived on the paternal side by one uncle and six first cousins, two of whom post-deceased, and was survived on the maternal side by three cousins, one of whom postdeceased. The court concludes that diligent and exhaustive efforts have been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent's death, and that no claim has been made by any person other than the above-mentioned distributees (SCPA 2225). The final report of the guardian ad litem indicates that he is satisfied that the identities of the distributees have been established.

13/3241/A
Surrogate Anderson

New York State, Court of Appeals

People v. Wallace, No. 51

No. 51
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

In the Matter of Steam Pipe Explosion at 41st Street and Lexington Avenue., No. 121 SSM 6

No. 121 SSM 6
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

New York State, Court of Appeals

Carrion v. Faulkner, No. 122

No. 122 SSM 8
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Anthony Romero, No. 120

No. 120 SSM 5
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Sadek v. Wesley, No. 30

No. 30
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Matter of Simon, No. 123

No. 123
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Supreme Court, New York County, IAS Part 23

Redlich v. Stone, 109005/11

Lawsuit by Candidate Who Says Flyer Defamed Him Proceeds

109005/11
Justice Richard Braun

Appellate Division, First Department

Lauren Appel Gottlieb, Plaintiff-Respondent v. Michael Gottlieb, Defendant Mallow, Konstam, et al., Nonparty Appellants, 314079/10

Sanctions in Visitation Dispute Are Slashed, Opposing Party Granted Attorney Fees in Earlier Award

314079/10
Before: Sweeny, J.P., Renwick, Saxe, Gische, Kahn, JJ.

Supreme Court, Queens County, IA Part 36

Genting N.Y., LLC v. N.Y. City Environmental Control Board, 10660/15

Dismissal of Motion for Vacatur of Respondents' Decision Denied for Lack of Jurisdiction

10660/15
Justice Diccia Pineda-Kirwan

District Court, Nassau County, Civil Term

Popkin v. Kopoulos, CV-014004-15

Attorney Granted Summary Judgment On Claim for Legal Fees Against Ex-Client

CV-014004-15
Judge Scott Fairgrieve

Civil Court, Richmond County, Part Y

HSBC Bank USA v. Jefferson, 52894/15

Court Awards Sanctions Against Bank's Counsel For Pursuing Case Without Standing

52894/15
Judge Marina Cora Mundy

Supreme Court, Bronx County, Part 13

IME Watchdog, Inc. v. Baker, McEvoy, Morrissey & Moskovits, P.C., 21822-16E

IME Watchdog Meets CPLR 6301 Criteria For TRO; May Appear to Only Observe at PE

21822-16E
Justice Fernando Tapia

Supreme Court, New York County, Part 32

Matter of United Federation of Teachers v. N.Y. City Board of Collective Bargaining, 103612/2012

Court Upholds BCB's Finding UFT's Failure To Process Member's Appeal Arbitrary

103612/2012
Justice Arlene Bluth

Appellate Term, 9th & 10th Judicial Districts

Pikoulas v. Hardina, 2014-2512 S C

Landlord Established Entitlement to Judgment For Unpaid Rent; Denial Order Reversed

2014-2512 S C
Before: Iannacci, J.P., and Tolbert, J.

Appellate Term, First Judicial Department

People v. Mceachin, Angie

570684/13. People v. Mceachin, Angie

570684/13
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

101 Cooper Street LLC v. Beckwith, M. & McCune, M.

570214/16. 101 Cooper Street LLC v. Beckwith, M. & McCune, M.

570214/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

NYCHA - Morris Houses v. Wilson, Alton Ex-parte applications are declined

570284/16. NYCHA - Morris Houses v. Wilson, Alton Ex-parte applications are declined.

570284/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Rodriguez, Carlos

570317/12. People v. Rodriguez, Carlos

570317/12
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

525-527 W 135 LLC v. Franklin, Ramera Ex-parte applications are declined

570285/16. 525-527 W 135 LLC v. Franklin, Ramera Ex-parte applications are declined.

570285/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

BDS Associates, LLC v. Qi Song Lin

570237/16. BDS Associates, LLC v. Qi Song Lin

570237/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

ZEVRONE REALTY CORP., pet-land-app, v. TAMBA GUMANEH, res-tent-res, -AND- EBRIMA KABBA, JANE OR JOHN KABBA, JOHN AND JANE DOE, res

16-151. IN THE MATTER OF ZEVRONE REALTY CORP., pet-land-app, v. TAMBA GUMANEH, res-tent-res, -AND- EBRIMA KABBA, JANE OR JOHN KABBA, JOHN AND JANE DOE, res — Order (Inez Hoyos, J.), entered December 2, 2015, reversed, with $10 costs, tenant's motion to dismiss denied, and the petition is reinstated.

16-151
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

May, Judith v. Scotto-D'Abusco, Lorenzo

570268/16. May, Judith v. Scotto-D'Abusco, Lorenzo

570268/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

3900 Broadway Holding, LLC v. Cruz, Barbara

570667/15. 3900 Broadway Holding, LLC v. Cruz, Barbara

570667/15
: Schoenfeld, J.P., Shulman, J.J.

Appellate Term, First Judicial Department

2655 Realty LLC v. Gray, Koretta Ex-parte applications are declined

570274/16. 2655 Realty LLC v. Gray, Koretta Ex-parte applications are declined.

570274/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, Second Judicial Department

CARLOS v. PRIMUS

2016-197 W C. CARLOS v. PRIMUS — On the court's own motion, it is

2016-197 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

People v. Rivera, Gasper

570038/12. People v. Rivera, Gasper

570038/12
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

191 Street Associates LLC v. Cruz, Rhina

570210/14. 191 Street Associates LLC v. Cruz, Rhina

570210/14
: Shulman, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Jalloh, Ahmed

570182/16. People v. Jalloh, Ahmed

570182/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

FIA 6 Convent Holdings LLC v. Logan, Robert Ex-parte applications are declined

570286/16. FIA 6 Convent Holdings LLC v. Logan, Robert Ex-parte applications are declined.

570286/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

289 & 305 ASSOCIATES, pet-land-app, v. MAXINE MOHAN, res-tent-app

16-171. 289 & 305 ASSOCIATES, pet-land-app, v. MAXINE MOHAN, res-tent-app — Order (David J. Kaplan, J.), dated December 30, 2014, reversed, with $10 costs, and a final judgment of possession awarded to landlord on the holdover petition. Issuance of the warrant shall be stayed for 60 days after service of a copy of this order with notice of entry.

16-171
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

People v. Colon, Luis

570587/12. People v. Colon, Luis

570587/12
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

281 St. Nicholas Partners LLC v. Blake, Virginia

571198/15. 281 St. Nicholas Partners LLC v. Blake, Virginia

571198/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

BEGUM v. MILIO & SON, INC.

2015-1002 W C. BEGUM v. MILIO & SON, INC. — Motion by appellant to enlarge the time to perfect an appeal from a judgment of the City Court of Yonkers, Westchester County, entered July 2, 2014.

2015-1002 W C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

SUNRISE FAMILY MED., P.C., A/A/O MAHABIR v. N.Y. CENTRAL MUT. FIRE INS. CO.

2015-1158 S C. SUNRISE FAMILY MED., P.C., A/A/O MAHABIR v. N.Y. CENTRAL MUT. FIRE INS. CO. — Appeal from an order of the District Court of Suffolk County, Forth District, entered March 30, 2015.

2015-1158 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

People v. Knight, Maxine

570210/16. People v. Knight, Maxine

570210/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

People v. Akinleye, Kunle

570211/16. People v. Akinleye, Kunle

570211/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PIK Record Co., v. Fisher, Brad Ex-parte applications are declined

570282/16. PIK Record Co., v. Fisher, Brad Ex-parte applications are declined.

570282/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, Second Judicial Department

KHAN v. HOWARD

2016-412 Q C. KHAN v. HOWARD — Motion by appellant pro se, in effect, for summary reversal of an order of the Civil Court of the City of New York, Queens County, entered January 21, 2016.

2016-412 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE THOMAS P. LAVINIO FAMILY TRUST v. EAST END FENCE AND GATES, INC.

2016-287 S C. THE THOMAS P. LAVINIO FAMILY TRUST v. EAST END FENCE AND GATES, INC. — Motion by appellant for a stay pending the determination of an appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered December 23, 2015.

2016-287 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GUERRIER, ELIJAH

2016-351 Q CR. THE PEOPLE v. GUERRIER, ELIJAH — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 14, 2016, as a poor person, and for the assignment of counsel.

2016-351 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Rondon, Carlos

570199/16. People v. Rondon, Carlos

570199/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

SECOND 82ND CORP., pet-land-app, v. RAYMOND ROBIN VEIDERS, res-tent-res, -and- “JOHN DOE” AND “JANE DOE,” res-und

15-254. SECOND 82ND CORP., pet-land-app, v. RAYMOND ROBIN VEIDERS, res-tent-res, -and- "JOHN DOE" AND "JANE DOE," res-und — Final judgment (Sabrina B. Kraus, J.), entered on or about October 14, 2014, affirmed, with $25 costs.

15-254
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C. AS ASSIGNEE OF JUNIOR NOEL, app, v. UNITRIN DIRECT INSURANCE COMPANY, res

2013-1697 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C. AS ASSIGNEE OF JUNIOR NOEL, app, v. UNITRIN DIRECT INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 9, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1697 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

PMV REALTY, LLC v. FREDERIC

2014-2299 K C. PMV REALTY, LLC v. FREDERIC — Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 5, 2014. The order granted the branch of respondent's motion seeking to be restored to possession and provided that appellant would accept respondent's payments without prejudice to its right to appeal.

2014-2299 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

Isreal Realty LLC v. Shkolikov, Inessa Ex-parte applications are declined

570260/16. Isreal Realty LLC v. Shkolikov, Inessa Ex-parte applications are declined.

570260/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, Second Judicial Department

M&B LINCOLN REALTY CORP. v. THOMPSON

2014-1241 K C. M&B LINCOLN REALTY CORP. v. THOMPSON — Motion by landlordappellant, in effect, for leave to reargue its opposition to undertenantrespondent Jillian Ann McNichol's prior motion for, among other things, leave to appeal to the Appellate Division from a decision and order of this court dated December 8, 2015, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 30, 2013, which prior motion was determined by decision and order on motion of this court dated March 16, 2016.

2014-1241 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

People v. Zhu, Guofeng

570213/16. People v. Zhu, Guofeng

570213/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. AMADOU MBAYE, def-app

14-465. THE PEOPLE, res, v. AMADOU MBAYE, def-app — Judgment of conviction (Laurie Peterson, J.), rendered April 23, 2014, reversed, on the law, accusatory instrument dismissed and surcharge, if paid remitted.

14-465
: Hunter, Jr., J.P., Ling-Cohan, J.

Appellate Term, Second Judicial Department

PEOPLE v. WILKERSON, SEAN

2016-373 K CR. PEOPLE v. WILKERSON, SEAN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 28, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time.

2016-373 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

GREATER CENTENNIAL HOUS. DEV. CO., INC. v. REMBERT-WIGFALL

2016-706 W C. GREATER CENTENNIAL HOUS. DEV. CO., INC. v. REMBERT-WIGFALL — Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of Mount Vernon, Westchester County, entered March 21, 2016, and for leave to prosecute the appeal as a poor person.

2016-706 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

GEORGES v. GORDON

2016-387 K C. GEORGES v. GORDON — Motion by appellant to be restored to possession of the subject apartment pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 22, 2016, and for a stay pending the determination of the appeal.

2016-387 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ZELAYA, ALEXANDER D.

2015-2605 S CR. THE PEOPLE v. ZELAYA, ALEXANDER D. — Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered September 4, 2015, on the ground that appellant is not aggrieved by the order.

2015-2605 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

DHPD v. HYK-273 W.138th St. LLC

570530/15. DHPD v. HYK-273 W.138th St. LLC

570530/15
: Schoenfeld, J.P., Shulman, J.J.

Appellate Term, First Judicial Department

81 Seaman Realty LLC v. Rodriguez, Michael Ex-parte applications are declined

570283/16. 81 Seaman Realty LLC v. Rodriguez, Michael Ex-parte applications are declined.

570283/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Eangelista, George

570189/16. People v. Eangelista, George

570189/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

2016-322 K C.

2016-322 K C. Motion by respondent to dismiss an appeal from a small claims judgment of the Civil Court of the City of New York, Kings County, entered May 18, 2015, for failure to prosecute. The small claims judgment was mailed to appellant on May 18, 2015, and the notice of appeal was not filed until December 10, 2015.

2016-322 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

JAMAICA SEVEN, LLC v. JEAN

2014-2186 Q C. JAMAICA SEVEN, LLC v. JEAN — Appeal from an order of the Civil Court of the City of New York, Queens County, entered June 27, 2014, deemed an appeal, on the ground of inadequacy, from a final judgment of the same court entered June 27, 2014 (see CPLR 5512 [a]). The final judgment, entered pursuant to the order, awarded appellant possession and arrears of $3,507.77. By order of the United States Bankruptcy Court for the Eastern District of New York dated September 10, 2015, respondent's debts were discharged in bankruptcy.

2014-2186 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

322 West 47th Street HDFC v. Loo, Margie

570908/15. 322 West 47th Street HDFC v. Loo, Margie

570908/15
: Schoenfeld, J.P., Shulman, J.J.

Appellate Term, Second Judicial Department

JAMISON v. JAMISON

2015-2744 W C. JAMISON v. JAMISON — Motion by appellant on an appeal from a decision of the City Court of White Plains, Westchester County, dated October 16, 2015, to continue a stay granted by decision and order on motion of this court dated January 28, 2016.

2015-2744 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. SOTAMBA, BRUNO

2016-353 Q CR. PEOPLE v. SOTAMBA, BRUNO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 13, 2016, as a poor person, and for the assignment of counsel.

2016-353 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Bobet, Marcos

570191/16. People v. Bobet, Marcos

570191/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. DIAZ, MICHAEL

2016-235 K CR. THE PEOPLE v. DIAZ, MICHAEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 29, 2015, as a poor person, and for the assignment of counsel.

2016-235 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Gnoka, Degui

570194/16. People v. Gnoka, Degui

570194/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Blandino, Robert

570880/11. People v. Blandino, Robert

570880/11
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. FORD, ANTHONY

2015-2768 Q CR. THE PEOPLE v. FORD, ANTHONY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered November 12, 2015, as a poor person, and for the assignment of counsel.

2015-2768 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Jeter, Mudhil

570184/16. People v. Jeter, Mudhil

570184/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

People v. Brown, Willie

570188/16. People v. Brown, Willie

570188/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Division, First Department

Freidman v. Fayenson, 650106/11

650106/11
Before: Friedman, J.P., Andrias, Moskowitz, Kapnick, Webber, JJ.

Appellate Division, Second Department

People v. Kashif McDonald, 1788/06

Panel Faults ID From Photo Array Missing at Trial

1788/06
Before: Rivera, J.P., Roman, Duffy, Barros, JJ.

Appellate Division, First Department

St. George Tower v. Ins. Co. of Greater N.Y., 651746/12

Endorsement Not Triggered by Discovery Repairs Needed to Bring Property to Code

651746/12
Before: Saxe, J.P., Moskowitz, Richter, Feinman, JJ.

Civil Court, Kings County, Part 41

Pavlova v. Allstate Ins. Co., CV-029921-14/KI

Provider Fails to Meet Burden by Failing To Provide Required Information Under a Code

CV-029921-14/KI
Judge Devin Cohen

Civil Court, Queens County, Housing Part A

Peru Leasing, LP v. Foronda, 74959/2015

Tenants Granted Additional Discovery Likely To Clarify Nuisance Allegations by Landlord

74959/2015
Judge Jose Rodriguez

Civil Court, New York County, Housing Part

Hamilton Heights Terrace Assoc. v. Fernandez, 70135/2015

Termination Notice Inadequate, Fails to Comply With Federal Regulations; Petition Dismissed

70135/2015
Judge Michael Weisberg

Civil Court, New York County

324 W. 84 Realty LLC. v. Ventresca, 64566/15

Tenant Fails to Show Fraud to Entitle Court To Examine Beyond Four Year Look Back Period

64566/15
Judge Jean Schneider

Supreme Court, New York County, IAS Part 53

U-Trend N.Y. Investments L.P. v. US Suite LLC, 652082/2014

Court Finds No Grounds to Recuse Itself From Further Proceedings, Denies Motions

652082/2014
Justice Charles Ramos

Appellate Term, 9th & 10th Judicial Districts

Inland Diversified Real Estate Service v. Keiko N.Y., Inc., 2014-468 W C

Landlord Fails to Show Entitlement To Indemnification for 'Additional' Rent

2014-468 W C
Before: Iannacci, J.P., Tolbert and Connolly, JJ.

Appellate Division, Second Department

People v. Michelle Velez, 5547/10

New Trial Ordered in Case of Drugs Found Next Door to Courthouse

5547/10
Before: Hall, J.P., Cohen, LaSalle, Connolly, JJ.

Appellate Division, First Department

Matter of Maddock E., 31 30 29

Court Vacates Family Court Ruling Treating Fetus as a Child

31 30 29
Before: Mazzarelli, J.P., Acosta, Andrias, Richter, JJ.

Supreme Court, Monroe County

Cooper v. Cooper, 15/10338

DRL Factors of Temporary Maintenance Award Found Unjust, Inappropriate, Award Declined

15/10338
Justice Richard Dollinger

County Court, Dutchess County

The People v. Kocot, 151/2014

Manifest Necessity Present, Continued Prosecution Not Barred by Double Jeopardy

151/2014
Judge Craig Stephen Brown

Supreme Court, Westchester County

E. R. S. v. B. C. S.

Husband Entitled to 20% of Proceeds of Home Sale Bought Mostly by Wife's Separate Property

[Index Number Redacted by Court]
Justice Linda Christopher

Supreme Court, Queens County, Criminal Term, Part K-15

The People v. Moye, 2138/2014

Witness Found Unavailable to Testify Due to Defendant's Misconduct

2138/2014
Justice Deborah Stevens Modica

Surrogate's Court, New York County

Matter of the Sinzheimer, 2015-1418

Trustee Fails to State Claim for Conversion For Bank's Failure to Give Assets to Sole Trustee

2015-1418
Surrogate Rita Mella

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

Flushing Traditional Acupuncture, P.C. v. Auto Club Ins. Assoc., 2014-1266 K C

Panel Reverses, Remits Order Granting Insurer Dismissal Of Provider's Complaint

2014-1266 K C
Before: Pesce, P.J., Weston and Solomon, JJ.

Supreme Court, New York County, Part 10

Ronald Garner, Plaintiff v. Liddle & Robinson, L.L.P. and Jeffrey L. Liddle, Defendants, 150058-2012

Legal Malpractice Suit Proceeds Over Firm's Approach to Negotiating Severance for Client

150058-2012
Justice George Silver

Surrogate's Court, Suffolk County

Estate of Mercer, 211P2008/Q

Petitioner Granted Request to Bring Claim Against Widow to Recover Estate Asset

211P2008/Q
Surrogate John Czygier, Jr.

Supreme Court, Nassau County, Trial/IAS Part 38

Katz v. Katz,

Court Finds Pre-Nuptial Agreement, Except One Article, Valid and Fully Enforceable

[Index Number Redacted by Court]
Justice Jeffrey Goodstein

Supreme Court, Queens County, Criminal Term, Part K-22

The People v. Maignan, 116/2012

Retention Order Amended to Add Provision Prohibiting Furloughs Without Court Approval

116/2012
Justice Ira Margulis

Family Court, Kings County, Part 18

Matter of Jessica C.

Child's Uncorroborated Testimony Sufficient For Finding of Child Abuse, Derivative Abuse

[Index Number Redacted by Court]
Judge Lillian Wan

Surrogate's Court, New York County

Estate of Antin, 2002-0111

Executors' Successive Counsels' Fees Fixed, Discounted for Insufficient Details, Vagueness

2002-0111
Surrogate Nora Anderson

Appellate Term, 9th & 10th Judicial Districts

The People v. Kwas, 2012-1081 N CR

Allegations Sufficiently Establish Defendant Continued Conduct Despite Request to Cease

2012-1081 N CR
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. HORACE ANDERSON, app

2013-2066 K CR. THE PEOPLE, res, v. HORACE ANDERSON, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John T. Hecht, J.), rendered June 24, 2013. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]) seeking leave to withdraw as counsel.

2013-2066 K CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-58 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-58 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RALPH TURCO, app

2014-19 RI CR. THE PEOPLE, res, v. RALPH TURCO, app — Appeal from a judgment of the Criminal Court of the City of New York, Richmond County (Mario F. Mattei, J.), rendered November 20, 2013. The judgment convicted defendant, upon his plea of guilty, of possession of burglar's tools.

2014-19 RI CR
: Aliotta, J.P., Pesce and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JOSEPH FUSCALDO, app

2013-371 Q CR. THE PEOPLE, res, v. JOSEPH FUSCALDO, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Stephanie L. Zaro, J.), rendered February 1, 2013. The judgment convicted defendant, after a nonjury trial, of petit larceny.

2013-371 Q CR
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JESSICA WHITE, app

2014-613 Q CR. THE PEOPLE, res, v. JESSICA WHITE, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Ernest F. Hart, J.), rendered February 13, 2014. The judgment convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the seventh degree and imposed sentence.

2014-613 Q CR
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

WEI CHUN CHUNG v. JOITA

2015-1658 K C. WEI CHUN CHUNG v. JOITA — Motion by appellant, in effect, to summarily reverse an order of the Civil Court of the City of New York, Kings County, entered July 7, 2015, or, in the alternative, for a stay pending the determination of the appeal therefrom.

2015-1658 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. DAVID FARIA, app

2014-755 D CR. THE PEOPLE, res, v. DAVID FARIA, app — Appeal from a judgment of the Justice Court of the Town of Beekman, Dutchess County (John C. Garito, J., at plea; Robert D. Ferris, J., at sentence), rendered February 27, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal mischief in the fourth degree.

2014-755 D CR
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-64 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person relief, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-64 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-63 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-63 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-60 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-60 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. WILLIAM NORWOOD, app

2012-2084 K CR. THE PEOPLE, res, v. WILLIAM NORWOOD, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Michael Gerstein, J.), rendered August 9, 2012. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]), in which he seeks leave to withdraw as counsel.

2012-2084 K CR
: Solomon, J.P., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JOSE CORTEZ, app

2013-1895 K CR. THE PEOPLE, res, v. JOSE CORTEZ, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John T. Hecht, J.), rendered May 17, 2013. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]), seeking leave to withdraw as counsel.

2013-1895 K CR
: Aliotta, J.P., Pesce and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RICHARD FOLIO, app

2012-2528 K CR. THE PEOPLE, res, v. RICHARD FOLIO, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Gilbert C. Hong, J.), rendered October 3, 2012. The judgment convicted defendant, after a nonjury trial, of attempted criminal possession of stolen property in the fifth degree. The appeal from the judgment of conviction brings up for review so much of an order of the same court dated June 21, 2012 as denied, after a hearing, the branches of defendant's omnibus motion seeking to suppress physical evidence and his statements to law enforcement officials.

2012-2528 K CR
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. MIRIAM ACEVEDO, app

2011-2863 K CR. THE PEOPLE, res, v. MIRIAM ACEVEDO, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Jacqueline D. Williams, J.), rendered October 12, 2011. The judgment convicted defendant, upon her plea of guilty, of disorderly conduct.

2011-2863 K CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. GREGORY WHITE, app

2011-3072 W CR. THE PEOPLE, res, v. GREGORY WHITE, app — Appeal from a judgment of the City Court of New Rochelle, Westchester County (Gail B. Rice, J.), rendered November 17, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument in the third degree.

2011-3072 W CR
: Marano, P.J., Iannacci and Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CARLOS JUAREZ, app

2013-2065 K CR. THE PEOPLE, res, v. CARLOS JUAREZ, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Geraldine Pickett, J.), rendered August 13, 2013. The judgment convicted defendant, after a nonjury trial, of attempted criminal possession of a weapon in the fourth degree, attempted assault in the third degree, menacing in the third degree, and harassment in the second degree.

2013-2065 K CR
: Aliotta, J.P., Pesce and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. SAFRAZ ISSHACK, app

2013-1875 Q CR. THE PEOPLE, res, v. SAFRAZ ISSHACK, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Dorothy Chin Brandt, J.), rendered June 17, 2013. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]) seeking leave to withdraw as counsel.

2013-1875 Q CR
: Weston, J.P., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-59 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-59 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. SERPAUL RAMDASS, app

2014-581 Q CR. THE PEOPLE, res, v. SERPAUL RAMDASS, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Robert Cox McGann, J.H.O.), rendered February 21, 2014. The judgment convicted defendant, after a nonjury trial, of failing to post tow truck rate information on each side of his tow truck in violation of Administrative Code of the City of New York §20-507 (b).

2014-581 Q CR
: Solomon, J.P., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. COLE COMPTON, app

2013-2525 K CR. THE PEOPLE, res, v. COLE COMPTON, app — Appeal from two judgments of the Criminal Court of the City of New York, Kings County (John T. Hecht, J.), rendered September 30, 2013. Each judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree.

2013-2525 K CR
: Aliotta, J.P., Pesce and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CRISTIAN MEROLOPEZ, app

2013-137 Q CR. THE PEOPLE, res, v. CRISTIAN MEROLOPEZ, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Dorothy Chin-Brandt, J.), rendered December 19, 2012. The judgment convicted defendant, upon his plea of guilty, of petit larceny.

2013-137 Q CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. KRISHNA RAMRATTAN, app

2013-2246 Q CR. THE PEOPLE, res, v. KRISHNA RAMRATTAN, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Michelle A. Armstrong, J.), rendered May 9, 2013. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct. The appeal brings up for review an order of the same court (John F. Zoll, J.) dated March 21, 2013 which, after a hearing before a judicial hearing officer (Louis Douglas, J.H.O.), denied defendant's motion to suppress evidence.

2013-2246 Q CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JOSE ORTEGA, app

2014-542 Q CR. THE PEOPLE, res, v. JOSE ORTEGA, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered October 23, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fifth degree.

2014-542 Q CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

TAM MED. SUPPLY CORP., A/A/O/ MAIGNAN v. HARTFORD INS. CO.

2016-737 K C. TAM MED. SUPPLY CORP., A/A/O/ MAIGNAN v. HARTFORD INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 9, 2015.

2016-737 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JONG M. KIM, app

2013-1881 Q CR. THE PEOPLE, res, v. JONG M. KIM, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Gia Morris, J.), rendered April 30, 2013. The judgment convicted defendant, upon his plea of guilty, of driving while ability impaired. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]), in which he seeks leave to withdraw as counsel.

2013-1881 Q CR
: Solomon, J.P., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRAY, DANIEL

2016-61 K CR. THE PEOPLE v. PRAY, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 7, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-61 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PASSALACQUA, ANGELO

2016-783 S CR. THE PEOPLE v. PASSALACQUA, ANGELO — Application by the appellant pursuant to Criminal Procedure Law 460.50 for a stay of sentence from a judgment of conviction of the Justice Court, Village of the Patchogue, Suffolk County, rendered March 23, 2016.

2016-783 S CR
: Marano, P.J.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. KELLY MCKENNA, app

2013-600 K CR. THE PEOPLE, res, v. KELLY MCKENNA, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Stephen M. Antignani, J.), rendered January 22, 2013. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.

2013-600 K CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RANDOLPH JENKINS, app

2013-2094 K CR. THE PEOPLE, res, v. RANDOLPH JENKINS, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Gilbert C. Hong, J.), rendered April 3, 2013. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct. The appeal from the judgment brings up for review so much of an order of the same court (Martin A. Sciarrino, J.) dated March 22, 2013 as denied, after a hearing before a judicial hearing officer, the branch of defendant's motion seeking to suppress physical evidence.

2013-2094 K CR
: Solomon, J.P., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

V & V CAPITAL, LLC v. AISAIDI

2016-752 W C. V & V CAPITAL, LLC v. AISAIDI — Appeal from a determination of the City Court of New Rochelle, Westchester County, dated February 25, 2016, which refused to sign an order to show cause.

2016-752 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Surrogate's Court, Bronx County

Matter of Jakia A.F., 2008-635/A

GAL Granted Motion for Revocation of Letters Of Guardianship of Suspended Guardian

2008-635/A
Surrogate Nelida Malave-Gonzalez

Supreme Court, Kings County, IAS Part 5G

Crocker C. v. Anne R.

Counsel Fees to Husband's Discharged Attorney Referred for Evidentiary Hearing

[Index Number Redacted by Court]
Justice Jeffrey Sunshine

Criminal Court, Bronx County, AP 4

The People v. Copeland, 2014BX056548

Prosecutors' Filing Superseding Information Replaced, Superseded Misdemeanor Complaint

2014BX056548
Judge Dakota Ramseur

Criminal Court, Bronx County, Part AP-3

The People v. Cross, 2015BX045943

Use of Adjacent Turnstile Mere Inconvenience, Disorderly Conduct Charge Inadequately Pled

2015BX045943
Judge Armando Montano

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

The People v. Juarez, 2013-2065 K CR

Convictions for Attempted Assault, Attempted Weapon Possession Against Weight of Evidence

2013-2065 K CR
Before: Solomon, J.P., Weston and Elliot, JJ.

Family Court, New York County

Matter of Randolph v. Outerbridge, O-30602-16

Petitioner Fails to Establish Family Offenses Committed by Cousin; Petition Dismissed

O-30602-16
Judge Machelle Sweeting

Appellate Division, First Department

DDG Warren v. Assouline Ritz 1, 654425/13

Panel Says Judge Was Wrong to Postpone License Fee

654425/13
Before: Renwick, J.P., Andrias, Saxe, Richter, JJ.

Supreme Court, Nassau County, Trial/IAS Part 13

News 12 Co. v. Hempstead Public Schools Board, 6871/15

'Community Forum' Was a Meeting Under Education Law but Not Open Meetings Law, Camera Ban Was Authorized

6871/15
Justice Jeffrey Brown

Supreme Court, Nassau County, Trial Part 31

O'Hara v. Capital One Bank, N.A., 606500/15

Complaint for Tortious Interference Dismissed For Failing to Plead all Required Elements

606500/15
Justice Jack Libert

Civil Court, Kings County, Commercial Part 52

1981 Ocean Avenue Realty, LLC v. Station Management Services Inc., 87058/15

Court Denies Both Motions by Subtenants To Dismiss Summary Holdover Petition

87058/15
Justice Katherine Levine

Civil Court, New York County

Capitol One Bank (USA), N.A. v. Suarez, 03699/14-NY

Bank Fails to Show Prima Facie Entitlement To Judgment on Breach of Contract Claim

03699/14-NY
Judge Erika Edwards

Supreme Court, New York County

Phoenix Experiential Designs v. Lerner, 159723/15

Summary Judgment in Lieu of Complaint Against Corporate Defendant Granted

159723/15
Justice Barbara Jaffe

Supreme Court, New York County, Part 2

TD Bank, N.A. v. Excelsior Syndication of N.Y. LLC, 163126/15

Court Lacks Jurisdiction to Hear Bank's Motion For Summary Judgment in Lieu of Complaint

163126/15
Justice Kathryn Freed

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

Matter of Geico Indemnity Ins. Co. v. Global Liberty Ins. Co. of NY, 2014-1970 Q C

Court Did Not Err in Granting GEICO's Petition To Confirm Arbitration Award Against Global

2014-1970 Q C
Before: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Division, Third Department

Matter of the Claim of Roy, 521321

Videos Using Lego Characters Cited in Denial of Jobless Benefits

521321
Before: McCarthy, J.P., Egan Jr., Lynch and Clark, JJ.

Appellate Division, First Department

People v. Rayshawn Singleton, 4095/13

Panel Finds Evidence in Gun Case 'Lacked Probative Value'

4095/13
Before: Sweeny, Jr., J.P., Richter, Manzanet-Daniels, Gische, JJ.

Supreme Court, Suffolk County, I.A.S. Part 39

Gugliotta v. Wilson, 605584/15

Defamation Suit Against Town Justice Moves Forward

605584/15
Justice Denise Molia

District Court, Nassau County, Criminal Part 3

The People of the State of New York, Plaintiff(s) v. Helen Towey, Defendant(s), 2015NA018070

Long Form Information May Be Used to Add Different Charges in Criminal Action Started by Filing of Simple Traffic Information

2015NA018070
Judge Susan Kluewer

Supreme Court, Westchester County

U.S. Bank N.A.. v. Glusky, 70606/12

Bank's Notice to Admit in Foreclosure Action Palpably Improper, Motion to Strike Granted

70606/12
Justice Joan Lefkowitz

District Court, Nassau County, L&T Part

Merida v. Morosoff, LT-000734-16

Oral Demand for Rent Due Made Without Specifics RPAPL §711(2) Requirements

LT-000734-16
Judge Scott Fairgrieve

Supreme Court, Queens County, IAS Part 14

One West Bank v. Chapilliquen, 16868/2012

Bank Fails to Establish Standing to Commence Action, or Entitlement to Foreclosure

16868/2012
Justice David Elliot

Civil Court, Kings County

Kowalczyk v. Two Trees Management Co., 38243/15

Defendant Did Not Owe Duty to Plaintiff; Suit For Loss or Theft of Personal Property Dismissed

38243/15
Judge Adam Silvera

Supreme Court, New York County, Part 63

Navigators Ins. Co. v. Sterling Infosystems, Inc., 653024/2013

Attorney Fees Not Excessive, Hourly Rates Reasonable; Prevailing Party Awarded Fees

653024/2013
Justice Ellen Coin

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

Keith NG v. Chalasani, 2013-2034 Q C

Tenant's Conclusory Assertions of Depression Insufficient to Warrant Stipulation's Vacatur

2013-2034 Q C
Before: Pesce, P.J., Weston and Solomon, JJ.

Appellate Division, Third Judicial Department

Matter of Tina X. v. John X., 519252

Ex-ADA's Custody Case Role Not Prejudicial, Panel Rules

519252
Before: Peters, P.J., Lahtinen, McCarthy and Lynch, JJ.

Appellate Division, Second Department

People v. Aubrey Armstrong, 10397/13

Panel Revives Conviction Despite Officer Comments

10397/13
Before: Leventhal, J.P., Cohen, Hinds-Radix, Duffy, JJ.

Appellate Division, Second Department

People v. Damien Burton, 826/12

New Trial Ordered for Defendant Abruptly Removed From Court

826/12
Before: Eng, P.J., Chambers, Roman, Barros, JJ.

District Court, Suffolk County

Geico General Insurance Company as subrogee of Walter Soltan, Plaintiff v. Town of Babylon and Gary J. Holmgren, Jr., Defendants, CV-6657-14/CE

Operator of Snowplow That Struck Parked Vehicle Is Shown to Have Exhibited 'Reckless Disregard' for Safety of Others Under Vehicle and Traffic Law §1103(b)

CV-6657-14/CE
Judge Vincent Martorana

Surrogate's Court, Bronx County

Estate of Clifford Green

Order signed; 278A2000/A -Estate of Clifford Green; Order signed; 2016-291 -Estate of Jose M Perdomo; Order signed; 2012-790 -Estate of Wayne Carr; Order signed; 2015-186/A -Estate of Mary Marshall; Decree signed; 2016-666 -Estate of Alfred Luchetti; Decree signed; 2015-1349 -Estate of Alfred Harrington; Decree signed; 2015-788 -Estate of Elma Sendra; Decree signed; 2016-657 -Estate of Andrea Caruth; Decree signed; 2016-578 -Estate of John F Grippo; Decree signed; 2015-2063 -Estate of Benjamin Hager; Decree signed; 2016-450 -Estate of Miguel De Los Santos

278A2000/A
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

THE PEOPLE v. CELESTINO, FAUSTO

2016-134 RI CR. THE PEOPLE v. CELESTINO, FAUSTO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered December 17, 2015, as a poor person, and for the assignment of counsel.

2016-134 RI CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. KIRKLAND, MICHAEL

2016-288 W CR. PEOPLE v. KIRKLAND, MICHAEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Mount Vernon, Westchester County, rendered December 9, 2015, as a poor person, and for the assignment of counsel.

2016-288 W CR
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

KESSELMAN v. GLICK

2015-3004 K C. KESSELMAN v. GLICK — On the court's own motion, it is

2015-3004 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

BHKI MACON, LLC v. BELL

2016-442 K C. BHKI MACON, LLC v. BELL — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 29, 2016.

2016-442 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app

2013-1688 Q C. ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 17, 2013. The judgment, entered pursuant to an order of the same court entered July 8, 2013 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,548.69.

2013-1688 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app

2013-1712 Q C. ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered July 17, 2013. The judgment, entered pursuant to an order of the same court entered July 2, 2013 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,400.

2013-1712 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. RICHARDS, RICARDO

2015-2673 D CR. PEOPLE v. RICHARDS, RICARDO — Motion by appellant on an appeal from an order of the Justice Court of the Town of Pleasant Valley, Dutchess County, dated October 30, 2015, for leave to proceed as a poor person on the original record and type-written briefs.

2015-2673 D CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

253-257 57TH ST. ASSOC., LLC v. RAMOS

2016-19 K C. 253-257 57TH ST. ASSOC., LLC v. RAMOS — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2016, to vacate a stay granted by decision and order on motion of this court dated February 22, 2016, and for related relief.

2016-19 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RICHARDS, RICARDO

2015-2243 D CR; 2015-2673 D CR. THE PEOPLE v. RICHARDS, RICARDO — Appeal, by permission of a Justice of this court, from an order of the Justice Court of the Town of Pleasant Valley, Dutchess County, dated August 20, 2015 (appeal No. 2015-2243 D CR). Separate appeal, by permission of a Justice of this court, from an order of the Justice Court of the Town of Pleasant Valley, Dutchess County, dated October 30, 2015 (appeal No. 2015-2673 D CR).

2015-2243 D CR; 2015-2673 D CR
: Marano, P.J. Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app

2013-1693 Q C. ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DWAYNE MILLER, res, v. HERTZ CO., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 17, 2013. The judgment, entered pursuant to an order of the same court entered July 9, 2013 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $5,836.94.

2013-1693 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

COMPAS MEDICAL, P.C. AS ASSIGNEE OF MARKANDY BONHOMME, res, v. OMNI INDEMNITY COMPANY, app

2013-2623 K C. COMPAS MEDICAL, P.C. AS ASSIGNEE OF MARKANDY BONHOMME, res, v. OMNI INDEMNITY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered February 22, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2013-2623 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

MERIDIAN PSYCHOLOGICAL SERVICES, P.C., AS ASSIGNEE OF JEROME GREEN, res, v. ALLSTATE INSURANCE COMPANY, app

2013-2111 K C. MERIDIAN PSYCHOLOGICAL SERVICES, P.C., AS ASSIGNEE OF JEROME GREEN, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered January 8, 2013. The judgment, entered pursuant to a decision of the same court dated September 24, 2012, after a nonjury trial, awarded plaintiff the principal sum of $1,365.21.

2013-2111 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BRODEUR, CHRISTOPHER

2013-1276 K CR. THE PEOPLE v. BRODEUR, CHRISTOPHER — Motion by Seymour W. James, Jr., Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered May 22, 2013, to be relieved of representing appellant on the appeal and to have other counsel substituted.

2013-1276 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THEPEOPLE v. DAVID, EUGENE R.

2016-604 W CR. THEPEOPLE v. DAVID, EUGENE R. — Appeal from an order of the City Court of Yonkers, Westchester County, entered September 14, 2015.

2016-604 W CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. COLLET, CINDY

2015-1584 K CR. THE PEOPLE v. COLLET, CINDY — Motion by Lynn W. L. Fahey, Esq., counsel assigned tp represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 10, 2015, in effect, to be relieved on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.

2015-1584 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

COHEN v. BRENTNOL

2015-517 K C. COHEN v. BRENTNOL — Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 5, 2015. The order denied a motion by appellant for, in effect, a stay of a warrant of eviction in a nonpayment summary proceeding. By order to show cause dated March 2, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed as moot, as appellant has been evicted.

2015-517 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ABRAMCHUK, MARINA

2016-47 RI CR. THE PEOPLE v. ABRAMCHUK, MARINA Motion by appellant for leave to prosecute an appeal from judgments of conviction of the Criminal Court of the City of New York, Richmond County, rendered November 30, 2015, as a poor person and for the assignment of counsel.

2016-47 RI CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

CHATEAU OWNERS CORP., res, v. THOMAS M. MONAHAN, app

2013-2444 Q C. CHATEAU OWNERS CORP., res, v. THOMAS M. MONAHAN, app — Weston, J., dissents and votes to affirm the final judgment in the following memorandum:

2013-2444 Q C
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

CHATEAU OWNERS CORP., res, v. THOMAS M. MONAHAN, app

2013-2444 Q C. CHATEAU OWNERS CORP., res, v. THOMAS M. MONAHAN, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Maria Ressos, J.), dated July 26, 2013, deemed from a final judgment of the same court entered July 26, 2013 (see CPLR 5512 [a]). The final judgment, entered pursuant to the order dated July 26, 2013 which, insofar as appealed from as limited by the brief, granted the branches of landlord's motion seeking (1) to dismiss tenant's fourth through seventh affirmative defenses and (2) summary judgment upon the petition, awarded landlord possession in a holdover summary proceeding.

2013-2444 Q C
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

ARGUELLES M.D., P.C., AS ASSIGNEE OF MARIE FRANCOEUR, app, v. OMNI INDEMNITY COMPANY, res

2013-1541 Q C. ARGUELLES M.D., P.C., AS ASSIGNEE OF MARIE FRANCOEUR, app, v. OMNI INDEMNITY COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered June 14, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1541 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C. AS ASSIGNEE OF JUNIOR NOEL, app, v. UNITRIN DIRECT INSURANCE COMPANY, res

2013-1701 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C. AS ASSIGNEE OF JUNIOR NOEL, app, v. UNITRIN DIRECT INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 9, 2013. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

2013-1701 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ARGUELLES M.D., P.C., AS ASSIGNEE OF JOSEPH DORCEAN, app, v. OMNI INDEMNITY COMPANY, res

2013-1581 Q C. ARGUELLES M.D., P.C., AS ASSIGNEE OF JOSEPH DORCEAN, app, v. OMNI INDEMNITY COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered June 14, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1581 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. DARBY, BRANDON

2016-28 Q CR. THE PEOPLE v. DARBY, BRANDON — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered December 4, 2015, as a poor person, and for the assignment of counsel.

2016-28 Q CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. DIAZ-LIMA, DANIEL

2015-2764 K CR. THE PEOPLE v. DIAZ-LIMA, DANIEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered November 12, 2015, as a poor person, and for the assignment of counsel.

2015-2764 K CR
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ARGUELLES M.D., P.C. AS ASSIGNEE OF DARVELL TRIBE, res, v. OMNI INDEMNITY COMPANY, app

2013-2126 K C. ARGUELLES M.D., P.C. AS ASSIGNEE OF DARVELL TRIBE, res, v. OMNI INDEMNITY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered June 26, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2013-2126 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. HANNER, TONYA

2016-239 W CR. THE PEOPLE v. HANNER, TONYA — Motion by appellant to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Eastchester, Westchester County, rendered December 9, 2015, as a poor person and for the assignment of counsel.

2016-239 W CR
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

ACUPUNCTURE HEALTHCARE PLAZA I, P.C., A/A/O SOMMA v. NATIONAL LIAB. & FIRE INS. CO.

2014-2409 Q C. ACUPUNCTURE HEALTHCARE PLAZA I, P.C., A/A/O SOMMA v. NATIONAL LIAB. & FIRE INS. CO. — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, entered July 25, 2014, for an enlargement of time to serve and file opposition to appellant's prior motion which was determined by decision and order on motion of this court dated January 13, 2016.

2014-2409 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

65-60 REALTY COMPANY, LLC v. KOMATSU

2015-540 Q C. 65-60 REALTY COMPANY, LLC v. KOMATSU — Motion by appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Civil Court of the City of New York, Queens County, entered January 5, 2015.

2015-540 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

PORT CHESTER HOUS. AUTH. v. ROSS

2015-2423 W C. PORT CHESTER HOUS. AUTH. v. ROSS — Motion by appellant to enlarge the time to perfect an appeal from a decision of the Justice Court of the Village of Port Chester, Westchester County, dated September 8, 2015, and to continue a stay granted by decision and order on motion of this court dated December 29, 2015.

2015-2423 W C
: Marano, P.J. Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

ARGUELLES M.D., P.C. AS ASSIGNEE OF MANUSHKA LAIBHEN, app, v. OMNI INDEMNITY COMPANY, res

2013-1585 Q C. ARGUELLES M.D., P.C. AS ASSIGNEE OF MANUSHKA LAIBHEN, app, v. OMNI INDEMNITY COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered June 12, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1585 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ALI, POORANDATH

2016-135 K CR. THE PEOPLE v. ALI, POORANDATH — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 22, 2015, as a poor person, and for the assignment of counsel.

2016-135 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERT MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app

STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERT MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered September 25, 2013. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, for an order compelling plaintiff to appear for an examination before trial.


: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

GBI ACUPUNCTURE, P.C., AS ASSIGNEE OF BRENETTA SELVER, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-1477 K C. GBI ACUPUNCTURE, P.C., AS ASSIGNEE OF BRENETTA SELVER, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered April 30, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1477 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ULTIMATE HEALTH PRODUCTS, INC. AS ASSIGNEE OF TAMEZAN OSMALI, app, v. AMERICAN TRANSIT INS. CO., res

2013-1479 Q C. ULTIMATE HEALTH PRODUCTS, INC. AS ASSIGNEE OF TAMEZAN OSMALI, app, v. AMERICAN TRANSIT INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 10, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1479 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERTO MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app

2013-1289 Q C. STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERTO MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered May 16, 2013. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative for an order compelling plaintiff to appear for an examination before trial.

2013-1289 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

PERFORMANCE PLUS MEDICAL, P.C. AS ASSIGNEE OF FABIOLA NOEL, app, v. NATIONWIDE INS., res

2013-1461 K C. PERFORMANCE PLUS MEDICAL, P.C. AS ASSIGNEE OF FABIOLA NOEL, app, v. NATIONWIDE INS., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 31, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1461 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

NEW WAY MEDICAL SUPPLY CORP. AS ASSIGNEE OF MICHEL EDNER, app, v. AMERICAN TRANSIT INS. CO., res

2013-1498 Q C. NEW WAY MEDICAL SUPPLY CORP. AS ASSIGNEE OF MICHEL EDNER, app, v. AMERICAN TRANSIT INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered March 25, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1498 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

TAM MEDICAL SUPPLY CORP., AS ASSIGNEE OF DOR GUY MARCEL, app, v. AMERICAN TRANSIT INS. CO., res

2013-1497 Q C. TAM MEDICAL SUPPLY CORP., AS ASSIGNEE OF DOR GUY MARCEL, app, v. AMERICAN TRANSIT INS. CO., res Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered May 22, 2013. The order denied plaintiffs motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1497 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERTO MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app

2013-1304 Q C. STEVEN ROSENZWEIG, D.C., AS ASSIGNEE OF ROBERTO MENJIVAR, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered May 16, 2013. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, for an order compelling plaintiff to appear for an examination before trial.

2013-1304 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

HEALING ART ACUPUNCTURE, P.C. AS ASSIGNEE OF ERIC BLACKMAN, app, v. AMERICAN COMMERCE INSURANCE COMPANY res

2013-1357 K C. HEALING ART ACUPUNCTURE, P.C. AS ASSIGNEE OF ERIC BLACKMAN, app, v. AMERICAN COMMERCE INSURANCE COMPANY res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 18, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1357 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

NATURAL THERAPY ACUPUNCTURE, P.C. AS ASSIGNEE OF SYNTHIA CANGE, app, v. COMMERCE INS. CO., res

2013-1452 K C. NATURAL THERAPY ACUPUNCTURE, P.C. AS ASSIGNEE OF SYNTHIA CANGE, app, v. COMMERCE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 31, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1452 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF MANUEL LEMA, app, v. AMERICAN TRANSIT INS. CO., res

2013-1375 Q C. NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF MANUEL LEMA, app, v. AMERICAN TRANSIT INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered May 22, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1375 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF PAUL LUCKNER, app, v. HEREFORD INSURANCE CO., res

2013-1470 K C. ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF PAUL LUCKNER, app, v. HEREFORD INSURANCE CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 6, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1470 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF SAMUEL CHASTON, app, v. AMERICAN TRANSIT INS. CO., res

2013-1230 Q C. ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF SAMUEL CHASTON, app, v. AMERICAN TRANSIT INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 8, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1230 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

METRO HEALTH PRODUCTS, INC. AS ASSIGNEE OF RASHEEDA HARTMAN, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-1487 Q C. METRO HEALTH PRODUCTS, INC. AS ASSIGNEE OF RASHEEDA HARTMAN, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 8, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1487 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Surrogate's Court, New York County

ESTATE OF DON GRAY, Deceased

ESTATE OF DON GRAY, Deceased (13/528/A) — In this final accounting in the estate of Don James Craven Gray, the New York County Public Administrator requests that the court determine both the validity of claims and the identity of decedent's distributees.

13/528/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF FRENCH-AMERICAN AID FOR CHILDREN, Grantor

ESTATE OF FRENCH-AMERICAN AID FOR CHILDREN, Grantor (15/2312) — Petitioner French-American Aid for Children, Inc. ("Aid for Children"), a New York Type B not-for-profit corporation, incorporated in 1961 to promote the welfare of children in the United States and France, filed this application seeking a declaration of the invalidity of a trust. The trust in question was created under agreement, dated March 25, 2010, between Aid for Children, as Grantor, and Joerg Klebe ("Klebe") and Diane Ackerman ("Ackerman"), as Trustees.

15/2312
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ROBERT QUEEN, Deceased

ESTATE OF ROBERT QUEEN, Deceased (15/148/A/B/C) — The petition of Howard Donovan Queen, III, limited administrator of the estate of Robert Queen, for: (1) leave to compromise a personal injuries claim, (2) an order lifting the restrictions in his fiduciary letters, and (3) settlement of his account is granted. Accordingly, the restrictions contained in the letters of administration are removed.

15/148/A/B/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF EDYTHE GOTTLIEB, Deceased

ESTATE OF EDYTHE GOTTLIEB, Deceased (15/2464/A) — At the call of the calendar on April 8, 2016, the court denied, as premature, the petition of Carole Kaplan and Pamela B. Goldsmith to reform the will of Edythe Gottlieb. The will has not been admitted to probate.

15/2464/A
Surrogate Mella

Surrogate's Court, Bronx County

Estate of Lois Richardson

Order signed; 2014-2522 -Estate of Lois Richardson; Order signed; 2016-540 -Estate of Neil Jay Felson; Order signed; 2016-530 -Estate of Loretta Smith; Order signed; 2016-711 -Estate of Simone Beltran; Order signed; 2014-2476/D -Estate of Enrique Padro Castro; Order signed; 2015-1458 -Estate of Silvestro Lamaruggine; Order signed; 1223P1976/A -Estate of Costas Efthemios; Decree signed; 2016-455/B -Estate of Andrew Skrapits; Decree signed; 2016-439 -Estate of Blanche Rifkin; Decree signed; 2015-2411 -Estate of Desmond Charles Perkins; Decree signed; 2015-2878 -Estate of Mendel Stock; Decree signed; 2015-2878/A -Estate of Mendel Stock; Decree signed; 797P1999/A -Estate of George O'Rourke; Decree signed; 2016-38 -Estate of Lynette Bradley; Decree signed; 2016-616 -Estate of Dolores Dillulio; Decree signed; 2016-344 -Estate of Joseph P Murphy; Decree signed; 2016-541 -Estate of Paula Albu; Decree signed; 2016-270/A -Estate of Aina Rudzitis; Decree signed; 2016-406 -Estate of Sheldon Harold Krubiner; Decree signed; 2015-1987/A -Estate of Tommie Sanders; Decree signed; 2016-692 -Estate of Thomas McGonnigle

2014-2522
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Jakia Amire Fullerton

Order signed; 2008-635/A -Estate of Jakia Amire Fullerton; Order signed; 2007-992 -Estate of Betania Marie Lozada; Order signed; 209G2001 -Estate of Brittany Marie Bielfeld; Order signed; 2014-2795 -Estate of Chondi H Touray; Order signed; 136G2006/A -Estate of Juan Alberto Rodriguez; Order signed; 2014-2794 -Estate of Mustapha Touray; Order signed; 2013-1305/B -Estate of Angelica Eileen Civetta; Order signed; 132G1998/A -Estate of Karamo Souare; Order signed; 209G2001 -Estate of Brittany Marie Bielfeld; Order signed; 2015-636 -Estate of Cameryn Alysse Verderame; Decree signed; 2016-516 -Guardianship of Chelsea Nicole Ramos; Decree signed; 2015-2881 -Guardianship of Jeremiah Angel Jarbar Bell; Decree signed; 2016-550 -Guardianship of Amanda Angeliz Perez; Decree signed; 2016-551 -Guardianship of Jaden Guarionex Perez; Decree signed; 2016-552 -Guardianship of Samantha Lindsay Perez; Decree signed; 2015-2940 -Guardianship of Alyssa Yesenia Estrada; Decree signed; 2016-151 -Guardianship of Maurice Angelo Heyliger; Decree signed; 2015-2525 -Guardianship of Oscar Jose Pichardo Grullon

2008-635/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Clarence Lewis

Order signed; 2013-293/A -Estate of Clarence Lewis; Decree signed; 2013-2006/A -Estate of Jung Sun Choi Kim; Decree signed; 2012-1958/A -Estate of Jessica V Davis; Decree signed; 2014-51/A -Estate of Alice Davis; Decree signed; 2008-39/A -Estate of Eric James

2013-293/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Selma Gelman

Order signed; 2013-1031/D -Estate of Selma Gelman

2013-1031/D
Surrogate Malave-Gonzalez

County Court, Monroe County

The People v. Hall, 2015-0402

Officers Not Justified in Asking to Enter Home, Consent Never Given; Suppression Granted

2015-0402
Judge Christopher Ciaccio

Supreme Court, Monroe County

Dean v. Dean, 14/3166

Lack of Attorney Signature, Delay in Serving Amended Pleading Can be Cured, Excused

14/3166
Justice Richard Dollinger

Supreme Court, Putnam County

Diasparra v. Worth Construction Co., Inc., 259/13

Equipment Must be Properly Placed, Adequate; Mere Presence Insufficient to Defeat Liability

259/13
Justice James Rooney

Supreme Court, Nassau County, Trial/IAS Part 13

Zhu v. N.Y. College of Health Professions, 15148/13

Teacher Raises Factual Issue if Proffered Excuse for Firing Pretextual; Dismissal Denied

15148/13
Justice Jeffrey Brown

Supreme Court, New York County, Part 55

Colbert v. St. Luke A.M.E. Church, 158514/2013

Church Granted Summary Judgment Dismissal of Member's Personal Injury Suit

158514/2013
Justice Cynthia Kern

Appellate Term, 9th & 10th Judicial Districts

Clifford v. Nationwide Custom Services, Inc.,, 2014-1931 RO C

Panel Affirms Judgment, Concludes It Rendered Substantial Justice to Parties

2014-1931 RO C
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Division, Second Department

Matter of Fredy L.M.M. (Anonymous), G-21854-14

Second Department Wrestles With Juvenile Immigrant Status

G-21854-14
Before: Mastro, J.P., Leventhal, Sgroi, Miller, JJ.

Appellate Division, Second Department

Matter of Anibal H., G-7130-14

Second Department Wrestles With Juvenile Immigrant Status

G-7130-14
Before: Dillon, J.P., Leventhal, Chambers, Barros, JJ.

Appellate Division, Third Judicial Department

People v. Joseph Back, 107167

Panel Faults Judge for Dismissing Arrest by Tribal Police

107167
Before: McCarthy, J.P., Egan Jr., Lynch, Devine and Clark, JJ.

Appellate Division, Second Department

Matter of Marlene G., 2015-00599

Second Department Wrestles With Juvenile Immigrant Status

2015-00599
Before: Dillon, J.P., Leventhal, Chambers, Barros, JJ.

Appellate Division, First Department

American Economy Insurance Company v. New York State, 16096

Workers' Comp Amendment Found Unconstitutional

16096
Before: Mazzarelli, J.P., Renwick, Saxe, Moskowitz, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DEVEROL MONCRIEFE, app, HERTZ CO., res

2013-1536 Q C. ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DEVEROL MONCRIEFE, app, HERTZ CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered June 12, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1536 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

NORTH SHORE HOMEFINDERS, LTD v. JAA DEV., LLC

2016-467 S C. NORTH SHORE HOMEFINDERS, LTD v. JAA DEV., LLC — Motion by appellants for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Sixth District, entered January 29, 2016.

2016-467 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

KEVIN MERZ, res, v. BRYCE POYER AND WHITE WATER OUTFITTERS, app

2014-2726 S C. KEVIN MERZ, res, v. BRYCE POYER AND WHITE WATER OUTFITTERS, app — Appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County (Deborah Kooperstein, J.), entered October 28, 2014, and an order of the same court entered November 10, 2014. The judgment, entered upon defendants' failure to appear for trial, awarded plaintiff the principal sum of $1,800. The order denied defendants' motion to vacate the default judgment.

2014-2726 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. VILLATORO

2015-2777 S C. THE PEOPLE v. VILLATORO — Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered November 18, 2015, and to compel the District Court to file the record on appeal with this court.

2015-2777 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

MARYANN MARINO, res, v. JASON SALZMAN, def, -AND- SLOMIN'S, INC., app

2014-2727 N C. MARYANN MARINO, res, v. JASON SALZMAN, def, -AND- SLOMIN'S, INC., app — Appeal from an order of the District Court of Nassau County, First District (Colin F. O'Donnell, J.), entered November 18, 2014. The order, insofar as appealed from, denied so much of a motion as was made by defendant Slomin's, Inc. as sought to compel plaintiff to proceed to arbitration with respect to her claim against it and to stay so much of the action as was asserted against it pending the arbitration.

2014-2727 N C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

CARLOS v. PRIMUS

2016-197 W C. CARLOS v. PRIMUS — Motion by appellant on an appeal from a default final judgment of the City Court of Peekskill, Westchester County, entered January 6, 2016, in effect, for summary reversal, or, in the alternative, for a stay pending the determination of the appeal.

2016-197 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

DYNASTY MEDICAL, P.C., AS ASSIGNEE OF CARLOS FELIPE, res, v. MERCURY CASUALTY INS. CO., app

2014-891 S C. DYNASTY MEDICAL, P.C., AS ASSIGNEE OF CARLOS FELIPE, res, v. MERCURY CASUALTY INS. CO., app — Appeal from an order of the District Court of Suffolk County, Fourth District (David A. Morris, J.), entered March 10, 2014. The order, insofar as appealed from, denied the branch of defendant's motion seeking summary judgment dismissing the complaint.

2014-891 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

LAURIE GALLO, res, v. ANTHONY GALLO, app

2014-2694 S C. LAURIE GALLO, res, v. ANTHONY GALLO, app — Appeal from a judgment of the Justice Court of the Town of Riverhead, Suffolk County (Richard A. Ehlers, J.), entered August 5, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,470.64.

2014-2694 S C
: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

TARGET NATIONAL BANK, res, v. RICHARD D. SOKOLOFF, app

2014-1925 S C. TARGET NATIONAL BANK, res, v. RICHARD D. SOKOLOFF, app — Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated June 27, 2014. The order granted plaintiff's motion for summary judgment dismissing the counterclaim and, on the court's own motion, granted plaintiff summary judgment on its cause of action based upon an account stated.

2014-1925 S C
: Iannacci, J.P., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

VANESSA BEST, DOING BUSINESS AS PRECISION HEALTH CARE CONSULTANT, app, v. PROGRESSIVE PHYSICAL THERAPY OF NEW YORK, P.C. AND RICHARD LEICHTER, res

2014-2627 S C. VANESSA BEST, DOING BUSINESS AS PRECISION HEALTH CARE CONSULTANT, app, v. PROGRESSIVE PHYSICAL THERAPY OF NEW YORK, P.C. AND RICHARD LEICHTER, res — Appeal from a judgment of the District Court of Suffolk County, Second District (David A. Morris, J.), entered January 8, 2014. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.

2014-2627 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GUYETTE, LARRY

2015-02781 S CR. THE PEOPLE v. GUYETTE, LARRY — Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic & Parking Violations Agency District, rendered November 13, 2015, to continue a stay of execution of said judgment, pending the determination of the appeal to this court, and for an enlargement of time to perfect the appeal.

2015-02781 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

KEVIN MERZ, res, v. BRYCE POYER AND WHITE WATER OUTFITTERS, app

2014-2728 S C. KEVIN MERZ, res, v. BRYCE POYER AND WHITE WATER OUTFITTERS, app — Appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County (Deborah Kooperstein, J.), entered October 28, 2014, and an order of the same court entered November 10, 2014. The judgment, entered upon defendants' failure to appear for trial, awarded plaintiff the principal sum of $2,600. The order denied defendants' motion to vacate the default judgment.

2014-2728 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

GERARD M. CICIO, res, v. BARRY J. POLLACK AND BARBARA POLLACK, app

2014-1643 N C. GERARD M. CICIO, res, v. BARRY J. POLLACK AND BARBARA POLLACK, app — Appeal from a judgment of the District Court of Nassau County, Fourth District (Scott Siller, J.), entered March 18, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,500.

2014-1643 N C
: Iannacci, J.P., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MIZELL, TARON S.

2016-261 D CR. THE PEOPLE v. MIZELL, TARON S. — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, entered December 21, 2015.

2016-261 D CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

TRINIDAD v. DRONZEK

2016-462 W C. TRINIDAD v. DRONZEK — Motion by respondent to dismiss an appeal from a judgment of the City Court of Yonkers, Westchester County, entered January 20, 2015, for failure to prosecute.

2016-462 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

MARIA S. MASIGLA, P.T. A/A/O PIERRELOUIS v. UNITED SERVICES AUTO. ASSN.

2015-2277 Q C. MARIA S. MASIGLA, P.T. A/A/O PIERRELOUIS v. UNITED SERVICES AUTO. ASSN. — Motion by appellant to enlarge the time to perfect on an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 20, 2015.

2015-2277 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MOLINA, AQUILNO

2015-2767 Q CR. THE PEOPLE v. MOLINA, AQUILNO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered November 17, 2015, as a poor person, and for the assignment of counsel.

2015-2767 Q CR
: Weston, J.P., Pesce, Aliotta, JJ.

Appellate Term, Second Judicial Department

DAILY MED. EQUIPMENT DISTRIB. CTR., INC., A/A/O MARTINEZ v. NATL. LIAB. & FIRE INS. CO.

2013-1194 K C. DAILY MED. EQUIPMENT DISTRIB. CTR., INC., A/A/O MARTINEZ v. NATL. LIAB. & FIRE INS. CO. — Appellant National Liability & Fire Ins. Co, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated February 11, 2013, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on August 1, 2013, and appellant having perfected the appeal on January 31, 2014, and respondent having filed it's brief on February 14, 2014 and appellant having filed a reply brief on February 21, 2014, and on or about March 16, 2016, the parties having been sent notification that the appeal would appear on the April 5, 2016 submission calendar; and on March 22, 2016, counsel for respondent having notified the court via letter, that the matter had been settled on July 2, 2014, more than twenty months earlier.

2013-1194 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF SANTIGIE TURAY, app, v. 21ST CENTURY INSURANCE COMPANY, res

2014-382 Q C. DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF SANTIGIE TURAY, app, v. 21ST CENTURY INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 9, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

2014-382 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BAIRD, JERRON

2015-1909 K CR. THE PEOPLE v. BAIRD, JERRON — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 19, 2015, for leave to reargue the branch of his prior motion which sought the assignment of counsel, which prior motion was determined by decision and order on motion of this court dated October 19, 2015, and for an enlargement of time to perfect the appeal.

2015-1909 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FU-QI ACUPUNCTURE, P.C., A/A/O GOMEZ v. TRAVELERS INS. CO.

2016-301 K C. FU-QI ACUPUNCTURE, P.C., A/A/O GOMEZ v. TRAVELERS INS. CO. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 22, 2016.

2016-301 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DEVEROL MONCRIEFE, app, v. HERTZ CO., res

2013-1535 Q C. ALLEVIATION MEDICAL SERVICES, P.C. AS ASSIGNEE OF DEVEROL MONCRIEFE, app, v. HERTZ CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered June 13, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1535 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

BM REALTY 1, LLC v. GALL

2016-427 K C. BM REALTY 1, LLC v. GALL — Motion by nonparty-appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2016.

2016-427 K C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

QUALITY REHAB & P.T., P.C., A/A/O PACHECO v. STATE FARM MUT. AUTO. INS. CO.

2016-317 K C. QUALITY REHAB & P.T., P.C., A/A/O PACHECO v. STATE FARM MUT. AUTO. INS. CO. — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 28, 2011, for failure to prosecute.

2016-317 K C
: Pesce, P.J., Weston, Solomon, JJ.

Appellate Term, Second Judicial Department

VALDAN ACUPUNCTURE, P.C., A/A/O DUMMETT v. 21 CENTURY ADVANTAGE INS. CO.

2016-68 K C. VALDAN ACUPUNCTURE, P.C., A/A/O DUMMETT v. 21 CENTURY ADVANTAGE INS. CO. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 27, 2015.

2016-68 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

VALERIE VONDERHOFEN, res, v. ATLANTIC AVENUE AUTO REPAIRS, INC. DOING BUSINESS AS ATLANTIC AUTO REPAIR, app

2014-1367 Q C. VALERIE VONDERHOFEN, res, v. ATLANTIC AVENUE AUTO REPAIRS, INC. DOING BUSINESS AS ATLANTIC AUTO REPAIR, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered April 28, 2014. The order denied defendant's motion to vacate a default judgment.

2014-1367 Q C
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

ROSA v. ELLINAS

2016-655 K C. ROSA v. ELLINAS — Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 19, 2016.

2016-655 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BRYAN, ABRIE

2015-1531 K CR. THE PEOPLE v. BRYAN, ABRIE — Motion by appellant to vacate an order of this court dated November 23, 2015, which dismissed an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered May 13, 2015, and for leave to reargue appellant's prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which prior motion was determined by decision and order on motion of this court dated October 19, 2015.

2015-1531 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF NOEL JUNIOR, app, v. KEMPER INSURANCE COMPANY, res

2013-1013 Q C. DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF NOEL JUNIOR, app, v. KEMPER INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered April 22, 2013. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

2013-1013 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ROSA v. ELLINAS

2016-654 K C. ROSA v. ELLINAS — Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 9, 2016.

2016-654 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

FU-QI ACUPUNCTURE, P.C., A/A/O GOMEZ v. TRAVELERS INS. CO.

2016-300 K C. FU-QI ACUPUNCTURE, P.C., A/A/O GOMEZ v. TRAVELERS INS. CO. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 20, 2016.

2016-300 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ACUPUNCTURE HEALTHCARE PLAZA I, P.C. A/A/O FILPO-ESTRELLA v. STATE FARM MUT. AUTO. INS. CO.

2015-2203 Q C. ACUPUNCTURE HEALTHCARE PLAZA I, P.C. A/A/O FILPO-ESTRELLA v. STATE FARM MUT. AUTO. INS. CO. — Motion by appellant to enlarge the time to perfect on an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2014.

2015-2203 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

T&J CHIROPRACTIC, P.C., A/A/O ST. PAUL v. MVAIC

2013-692 Q C. T&J CHIROPRACTIC, P.C., A/A/O ST. PAUL v. MVAIC — Appeal in the above-captioned matter from the Civil Court of the City of New York, Queens County, entered March 7, 2013, which appeal was determined by decision and order of this court dated September 28, 2015. In the decision and order dated September 28, 2015, counsel for the respective parties were directed to show cause why an order should or should not be made and entered imposing such sanctions upon counsel for appellant, as the court may deem appropriate pursuant to the Rules of the Chief Administrator (22 NYCRR) §130-1.1.

2013-692 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

TAM MEDICAL SUPPLY CORP. AS ASSIGNEE OF SAUVEUR CABROUET, app, v. 21ST CENTURY INSURANCE COMPANY, res

2014-385 Q C. TAM MEDICAL SUPPLY CORP. AS ASSIGNEE OF SAUVEUR CABROUET, app, v. 21ST CENTURY INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered December 17, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2014-385 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

ACTUAL CHIROPRACTIC, P.C. AS ASSIGNEE OF OLIVER HAMILTON, res, v. A. CENTRAL INSURANCE COMPANY, app

2013-1096 K C. ACTUAL CHIROPRACTIC, P.C. AS ASSIGNEE OF OLIVER HAMILTON, res, v. A. CENTRAL INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 15, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2013-1096 K C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF SAUVEUR CABROUET, app, v. 21ST CENTURY INSURANCE COMPANY, res

2014-384 Q C. DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF SAUVEUR CABROUET, app, v. 21ST CENTURY INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 9, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

2014-384 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

105 LEFFERTS, LLC v. SAMUELS

2015-506 K C. 105 LEFFERTS, LLC v. SAMUELS — Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to continue a stay granted by decision and order on motion of this court dated May 20, 2015, and extended by decision and order on motion of this court dated November 10, 2015.

2015-506 K C
: Pesce, P.J., Weston, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. 1262 NY, LLC

2015-01435 S CR. THE PEOPLE v. 1262 NY, LLC — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Third District, rendered May 4, 2015.

2015-01435 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

SEACOVE 1, LLC v. VAIZBURD

2014-2079 K C. SEACOVE 1, LLC v. VAIZBURD — Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated June 23, 2014, to reinstate and continue a stay granted by decision and order on motion of this court dated December 5, 2014, and vacated by decision and order of this court dated February 2, 2016.

2014-2079 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

270 GLENMORE AVE., LLC v. BLONDE

2015-3011 K C. 270 GLENMORE AVE., LLC v. BLONDE — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 30, 2015, to vacate a stay granted by decision and order on motion of this court dated February 24, 2016.

2015-3011 K C
: Pesce, P.J., Weston, Solomon, JJ.

Appellate Term, Second Judicial Department

STROCCHIA v. CAMACHO

2016-390 Q C. STROCCHIA v. CAMACHO — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered February 16, 2016.

2016-390 Q C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

ULTIMATE HEALTH PRODUCTS, INC. A/A/O TOUSSAINT v. MVAIC

2013-1282 Q C. ULTIMATE HEALTH PRODUCTS, INC. A/A/O TOUSSAINT v. MVAIC — Appeal in the above-captioned matter from the Civil Court of the City of New York, Queens County, entered April1 15, 2013, which appeal was determined by decision and order of this court dated September 28, 2015. In the decision and order dated September 28, 2015, counsel for the respective parties were directed to show cause why an order should or should not be made and entered imposing such sanctions upon counsel for appellant, as the court may deem appropriate pursuant to the Rules of the Chief Administrator (22 NYCRR) §130-1.1.

2013-1282 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

OAKDALE MANOR OWNERS, INC. v. RAIMONDI

2014-1258 RO C. OAKDALE MANOR OWNERS, INC. v. RAIMONDI — Motion by respondent for leave to reargue an appeal from an order of the Justice Court of the Village of Suffern, Rockland County, entered April 11, 2014, which was determined by decision and order of this court dated November 30, 2015, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2014-1258 RO C
: Tolbert, J.P., Iannacci, Connolly, JJ.

Appellate Term, Second Judicial Department

KEAP GARDENS CTR., LLC v. NEW YORK CITY UNITED DAY CARE, INC.

2016-192 K C. KEAP GARDENS CTR., LLC v. NEW YORK CITY UNITED DAY CARE, INC. — Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 12, 2016.

2016-192 K C
: Weston, J.P., Pesce, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RICHARDS, RICARDO

2015-2673 D CR. THE PEOPLE v. RICHARDS, RICARDO — Application by defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Justice Court of the Town of Pleasant Valley, Dutchess County, entered October 30, 2015, which has been referred to me for determination.

2015-2673 D CR
: Marano, P.J.

Surrogate's Court, Suffolk County

Estate of Handley, 2011-1487/1

Court Permits Appointed Fiduciary to Recover Half of Allegedly Converted Funds by Sibling

2011-1487/1
Surrogate John Czygier, Jr.

Criminal Court, Kings County, Part Trial 1

The People v. Roman, 2015KN048422

Defendant Denied In Camera Inspection Of NYPD Officer's Personnel, CCRB Files

2015KN048422
Judge Lorna McAllister

Surrogate's court, Bronx county

Estate of Markowicz, 2015-2865

No Basis Exists to Support Objections To Disqualify Spouse as Executor, Dismissed

2015-2865
Surrogate Nelida Malave-Gonzalez

Criminal Court, New York County

The People v. Gaddy, 2015NY048476

Information Facially Insufficient, Failing To Allege Defendant Placed Threatening Call

2015NY048476
Judge Steven Statsinger

Supreme Court, Bronx County, Part 60

The People v. English, 656/14

Controverting Portion of Warrant Authorising Search of Electronic Media in Premises Granted

656/14
Justice Steven Barrett

Surrogate's Court, New York County

Will of Martin, 1954-1427/E

Petitioners Denied Construction; Sister's Share Passes to Decedent's Intestate Distributees

1954-1427/E
Surrogate Rita Mella

District Court, Nassau County, First District L&T Part

Valley Dream Housing Company v. Albano, LT-000441-16

Tenant Proves Faulty Notice in Holdover Proceeding

LT-000441-16
District Judge Scott Fairgrieve

Appellate Division, First Department

Oates v. New York City Transit Authority, 302214/07

302214/07
Before: Tom, J.P., Sweeny, Andrias, Moskowitz, Gische, JJ.

Appellate Division, Second Department

Matter of Kelly S. v. Farah M., 2015-02749

Child Visitation Rights Upheld for Estranged Same-Sex Partner

2015-02749
Before: Leventhal, J.P., Dickerson, Roman, Hinds-Radix, JJ.

Supreme Court, New York County

Matter of New York State v. Kareem M., 30006\2014

Judge Decries 'Lack of Clarity' in Civil Confinement Rules

30006\2014
Justice Daniel Conviser

Appellate Division, First Department

PK Restaurant, LLC, doing business as 212 Restaurant and Bar, Plaintiff-Appellant-Respondent v. Ira Lifshutz, et al., Defendants-Respondents-Appellants 133 East 65th Street Associates, LLC, et al., Defendants-Respondents 133 East 65th Street Corporation et al., Defendants, 654177/13

Leasehold Interest Is 'Personalty' Not Affecting Title to, Possession, Use or Enjoyment of Real Property for Purposes of Filing Notice of Pendency Under CPLR 6501; Unlike Case in 'Lawlor', 'Casanas' Former Tenant 'Abandoned' Possession of Premises and Filed Notice of Pemdemcy for Purposes of Asserting Rights Under Prior Sublease

654177/13
Before: Mazzarelli, J.P., Renwick, Manzanet-Daniels, Kapnick, JJ.

Surrogate's court, Suffolk county

Matter of Maisch, 2012-3613/B

Commission Payments Made Without Court Approval Imposes Surcharge on Fiduciary

2012-3613/B
Surrogate John M. Czygier, Jr.

Supreme Court, Nassau County, IAS/Trial Part 28

HN v. PN, 202355/2014

Father's Petition to Compel Visitation With Son Denied as Not in Child's Best Interest

202355/2014
Justice Sharon M.J. Gianelli

Supreme Court, Queens County, Matrimonial Part 51

H. T. v. M. T., 23753/2012

Wife Denied Equitable Distribution On Property Acquired Before Marriage

23753/2012
Justice Pam Jackman Brown

Criminal Court, Bronx County, Part DVM

The People v. Hunt, 2014BX025228

Officers' Unavailability for Attendance at Slain Officer's Funeral an Exceptional Circumstance

2014BX025228
Judge Julio Rodriguez, III

Surrogate's Court, Bronx County

Estate of Sjostrom, 2012-1009/B

Executor's Action Seeking Authorization To Sell Realty Deemed Action for Partition

2012-1009/B
Surrogate Nelida Malave-Gonzalez

Criminal Court, New York County, Bench Trial Part 1

The People v. Chau, 2015NY077893

No Distinction Found Between Use of Flyer To Show Samples, Use of Physical Samples

2015NY077893
Judge Lyle Frank

Surrogate's Court, Bronx County

ESTATE OF MARY GRIBB, Deceased

ESTATE OF MARY GRIBB, Deceased (13/945) — In this pro se application by a niece of the decedent for the issuance of letters of administration, process was served on one of the decedent's nephews. On the return date of process, that nephew stated on the record in open court that he had no opposition to the application. Consents of eight distributees have been filed, and the request by the petitioner to dispense with the service of process on two other distributees whose whereabouts are unknown is granted (see SCPA 1003 [4]). Jurisdiction shall be obtained over Steven J. Gribb and Christopher C. Webber in any accounting proceeding.

13/945
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

LANCER ACUPUNCTURE, P.C., A/A/O ALEKSANDR MUZIS, plf-app, v. AMICA MUTUAL INS. CO., def-res

15-423. LANCER ACUPUNCTURE, P.C., A/A/O ALEKSANDR MUZIS, plf-app, v. AMICA MUTUAL INS. CO., def-res — Order (Gerald Lebovits, J.), entered April 16, 2015, modified by reinstating plaintiff's claim for firstparty no-fault benefits billed under CPT code 99302; as modified, order affirmed, with $10 costs.

15-423
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

K.C. MILL ROAD LLC, plf-res, v. DANTE PENA, def-app

16-034. K.C. MILL ROAD LLC, plf-res, v. DANTE PENA, def-app — Judgment (Gerald Lebovits, J.), entered on or about April 14, 2015, affirmed, without costs.

16-034
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

UTOPIA EQUIPMENT, INC., AS ASSIGNEE OF DELORES FEARON, app, v. MAYA ASSURANCE CO., res

2013-1618 K C. UTOPIA EQUIPMENT, INC., AS ASSIGNEE OF DELORES FEARON, app, v. MAYA ASSURANCE CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered June 24, 2013. The order denied plaintiff's motion for leave to renew and reargue its opposition to defendant's prior motion for summary judgment dismissing the complaint.

2013-1618 K C
: Elliot, J.P., Pesce and Solomon, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. DAVID GILLIARD, def-app

14-134. THE PEOPLE, res, v. DAVID GILLIARD, def-app — Judgment of conviction (Lisa A. Sokoloff, J.), rendered May 8, 2013, affirmed.

14-134
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

BIRCHWOOD COURT OWNERS, INC., res, v. CAROL TONER, app

2015-70 N C. BIRCHWOOD COURT OWNERS, INC., res, v. CAROL TONER, app — Appeal from an order of the District Court of Nassau County, First District (Eric Bjorneby, J.), entered September 25, 2014. The order denied tenant's motion to vacate a default final judgment and warrant in a nonpayment summary proceeding.

2015-70 N C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, Second Judicial Department

CONTEMPORARY ACUPUNCTURE, P.C., AS ASSIGNEE OF TIFFANY WADE, res, v. ALLSTATE INSURANCE COMPANY, app

2014-248 S C. CONTEMPORARY ACUPUNCTURE, P.C., AS ASSIGNEE OF TIFFANY WADE, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from an order of the District Court of Suffolk County, Sixth District (Janine A. Barbera-Dalli, J.), dated December 11, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2014-248 S C
: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

CARON EPSTEIN, app, v. GOLDENROD WJM, LLC AND JANET RITTER, res

2014-2324 N C. CARON EPSTEIN, app, v. GOLDENROD WJM, LLC AND JANET RITTER, res — Appeal from a judgment of the District Court of Nassau County, First District (Douglas J. Lerose, J.), entered March 20, 2014. The judgment, after a nonjury trial, dismissed the action.

2014-2324 N C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. MARIO VALDIVIA, def-app

16-022. THE PEOPLE, res, v. MARIO VALDIVIA, def-app — Order (Neil E. Ross, J.), dated December 23, 2010, affirmed.

16-022
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AS SUBROGEE OF JAMES CARLUCCI, app, v. LEE A. WILLIAMS, res

2015-495 Q C. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AS SUBROGEE OF JAMES CARLUCCI, app, v. LEE A. WILLIAMS, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Mojgan Cohanim Lancman, J.), entered February 25, 2015. The order granted defendant's motion to vacate a default judgment.

2015-495 Q C
: Weston, J.P., Pesce and Aliotta, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. NICHOLAS GONZALEZ, def-app

15-072. THE PEOPLE, res, v. NICHOLAS GONZALEZ, def-app — Judgment of conviction (Dakota D. Ramseur, J.), rendered March 13, 2014, affirmed.

15-072
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

1764 MAJORS PATH CORP., res, v. EMMANUEL PETRINOLIS, MIKE SERIKOS AND BENNY JONES, app

2014-1652 S C. 1764 MAJORS PATH CORP., res, v. EMMANUEL PETRINOLIS, MIKE SERIKOS AND BENNY JONES, app — Appeal from a final judgment of the Justice Court of the Town of Southampton, Suffolk County (Edward D. Burke, J.), entered July 3, 2014. The final judgment, after a nonjury trial, awarded petitioner possession in a summary proceeding brought pursuant to RPAPL 713 (3). The appeal was transferred to this court nunc pro tunc by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 1, 2014.

2014-1652 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Appellate Term, First Judicial Department

THE PEOPLE res, v. CHRIS LAWSON, def-app

11-305. THE PEOPLE res, v. CHRIS LAWSON, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered May 11, 2011, reversed, on the law, accusatory instrument dismissed and surcharge and fee, if paid, remitted.

11-305
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF LOUISE MARIE IVORY, Deceased

ESTATE OF LOUISE MARIE IVORY, Deceased (11/4364/A) — In this final accounting in the estate of Louise Marie Ivory, the New York County Public Administrator requests that the court determine the validity of claims and the identity of decedent's distributees.

11/4364/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF GEORGINA MONZON, Deceased

ESTATE OF GEORGINA MONZON, Deceased (10/3147/E) — At the call of the calendar, this uncontested application to amend the decree granting limited letters of administration in the estate of Georgina Monzon was granted.

10/3147/E
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF SUI FONG LEUNG, Deceased

ESTATE OF SUI FONG LEUNG, Deceased (14/4262/A/B/C) — The court grants this unopposed petition to compromise for $350,000 an action raising claims of wrongful death and conscious pain and suffering on behalf of decedent Sui Fong Leung and allocates these proceeds, as requested, to the claim of conscious pain and suffering.

14/4262/A/B/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HARRIET BLAU, Deceased

ESTATE OF HARRIET BLAU, Deceased (14/3676/A) — David Lenes, the preliminary executor of the will of decedent Harriet Blau, moved for summary judgment in his proceeding seeking permission to sell the shares of stock of a cooperative apartment that is given to decedent's son, Christopher Lotas, under her will. The motion was returnable before this court on April 12, 2016. After hearing oral argument on the record, the court directed the preliminary executor to serve and file by April 19, 2016, a supplemental affidavit: 1) identifying which trusts for the benefit of Mr. Lotas are in existence at this time; 2) attaching those trust instruments; and 3) explaining whether, under the terms of the trust agreements, the trustee has authority to make distributions or loans to the beneficiary or to the decedent's estate under special circumstances. If Mr. Lenes believes that he, as trustee, has such authority under any trust for the benefit of Mr. Lotas, Mr. Lenes should indicate in his affidavit the reasons why he is declining to exercise that authority to make a distribution to Mr. Lotas or to extend a loan to Mr. Lotas or to himself as preliminary executor so that the expenses related to the cooperative apartment may be paid and a sale at auction may be averted. Mr. Lotas may respond to Mr. Lenes's affidavit by submitting his affidavit no later than April 22, 2016. The motion will be marked submitted on April 22, 2016.

14/3676/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF FELIX A. EXPOSITO, Deceased

ESTATE OF FELIX A. EXPOSITO, Deceased (13/1928/A) — Decedent Felix Exposito died intestate on May 25, 2009. The Public Administrator's petition to settle her account as administrator of this estate was objected to by alleged distributees, who sought to prove their status.

13/1928/A
Surrogate Mella

Surrogate's Court, Bronx County

ESTATE OF BENJAMIN HAGER, Deceased

ESTATE OF BENJAMIN HAGER, Deceased (15/2063) — In this application by the Public Administrator seeking letters of administration, jurisdiction was acquired over four alleged cousins of the decedent, who defaulted, and two other alleged cousins signed waivers and consents to the applications. It appears that the whereabouts of another five alleged cousins are unknown. The court dispenses with service of process on the other five alleged cousins in this proceeding; however, jurisdiction shall be obtained over them in an accounting or other appropriate proceeding (see SCPA 1003[4]).

15/2063
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JAKIA A. F., AN INFANT

GUARDIANSHIP OF JAKIA A. F., AN INFANT (08/635/A) — On the return date of a supplemental amended order to show cause filed by the guardian ad litem appointed for the infant seeking to, inter alia, revoke the letters of guardianship of the infant's property that issued to his mother whose letters were suspended and recover assets allegedly misappropriated from the infant's funds, jurisdiction was obtained over the respondents, the suspended property guardian and the successor designated guardianship depository (the respondent depository). The respondent depository filed an answer opposing the relief and interposed a cross claim against the suspended guardian. The respondent guardian defaulted on the application, The guardian ad litem and the respondent depository subsequently entered into a written stipulation and seek court approval of same. The terms of the written stipulation state, inter alia, that in anticipation that the mother's letters of guardianship of the infant's property were to be revoked, the respondent depository is to make specified restitution payments to the guardian ad litem and pay the legal fees and disbursements incurred by the guardian ad litem in an amount not to exceed a certain sum, and the guardian ad litem is to hold the restitution funds in his IOLA account pending further order of the court. Thereafter the guardian ad litem thereafter filed an affirmation of services and reports that he is unable to serve as successor guardian of the infant's property or locate a suitable successor.

08/635/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DESMOND CHARLES PERKINS, Deceased

ESTATE OF DESMOND CHARLES PERKINS, Deceased (15/2411) — This is an uncontested SCPA 1407 proceeding by one of the decedent's sisters to probate, as a lost will, a photocopy of a will dated June 22, 2003. The decedent died on March 13, 2010, at the age of 82. In addition to the petitioner, the decedent's distributees are two brothers and another sister, all of whom consent to the application. The propounded instrument is signed by the decedent, contains an attestation clause, is witnessed by two witnesses and annexes a self-proving affidavit. The propounded instrument names the four living siblings, a nephew and another sister who predeceased without issue as equal residuary beneficiaries.

15/2411
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JESSICA VANESSA DAVIS, ALSO KNOWN AS JESSICA V. DAVIS, ALSO KNOWN AS JESSICA VANESSA DAVIS, Deceased

ESTATE OF JESSICA VANESSA DAVIS, ALSO KNOWN AS JESSICA V. DAVIS, ALSO KNOWN AS JESSICA VANESSA DAVIS, Deceased (12/1958/A

12/1958/
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF SHELDON KRUBINER, ALSO KNOWN AS SHELDON HAROLD KRUBINER, Deceased

ESTATE OF SHELDON KRUBINER, ALSO KNOWN AS SHELDON HAROLD KRUBINER, Deceased (16/406) — This is a proceeding seeking ancillary probate of the decedent's will, dated April 3, 2000, which was admitted to probate in Florida, the decedent's alleged domicile. The petitioners, the decedent's three children who are the nominated executors, were appointed co-personal representatives of the decedent's estate by the Circuit Court for Palm Beach County, State of Florida. It appears that the decedent possessed an interest in real property located in New York State which requires administration.

16/406
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CLARENCE LEWIS, Deceased

ESTATE OF CLARENCE LEWIS, Deceased (13/293/A, B) — In two separate proceedings by Cynthia Gatewood (Cynthia), an alleged daughter of the decedent, seeking to revoke the letters of administration that issued to the decedent's alleged son Barrett Lewis (Barrett) and the issuance of letters of administration d.b.n. to herself, there are two motions before the court seeking, inter alia, to compel DNA testing and one motion opposing that relief and requesting other relief.

13/293/A, B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DEBORAH REEVE, Deceased

ESTATE OF DEBORAH REEVE, Deceased (609P/06/B/C) — In these two applications, the administrator c.t.a., the decedent's spouse and guardian of the property of the decedent's infant son, seeks to distribute from his attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

609P/06/B/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JUNG-SUN CHOI KIM, Deceased

ESTATE OF JUNG-SUN CHOI KIM, Deceased (13/06/A) — The administrator, the designee of the decedent's son and sole distributee, seeks to judicially account for the proceeds of a cause of action arising from the decedent's death.

13/06/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF SELMA GELMAN, Deceased

ESTATE OF SELMA GELMAN, Deceased (13/1031/D) — All issues in this contested accounting proceeding were settled pursuant to a stipulation on the record entered into among counsel for all parties and allocuted by the decedent's daughter. The stipulation provides, inter alia, that: (1) the decedent's daughter and son withdraw their objections to the account; (2) estate counsel agreed to seek a legal fee in a reduced amount and refund any overpayments to the estate; (3) the executor is to receive full statutory commissions; (4) the executor is to immediately pay certain interim distributions to the daughter and the son; (5) the parties are to execute a further written stipulation concerning, inter alia, allowance of previously-agreed upon claims and offsets asserted by the daughter and the son and distributions to their children; and, (6) the executor was to serve and file an amended account comporting with both stipulations.

13/1031/D
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ERIC JAMES, Deceased

ESTATE OF ERIC JAMES, Deceased (08/39/A) — The administrator, the decedent's spouse, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of settlement of two personal injury causes of action.

08/39/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF FRANCIS X. BROGAN, Deceased

ESTATE OF FRANCIS X. BROGAN, Deceased (16/484) — This is a proceeding seeking ancillary probate of the decedent's will dated January 21,2015 which was admitted to probate by the Probate Court for Fairfield County in the State of Connecticut, the decedent's alleged domicile. The petitioner, the decedent's daughter, was granted letters testamentary in Connecticut. It appears that the decedent possessed an interest in property located in Bronx County which requires administration. Accordingly, the will is entitled to be admitted to ancillary probate (see SCPA 1602), and ancillary letters testamentary shall issue to the petitioner (SCPA 1604 [1][b]).

16/484
Surrogate Malave-Gonzalez

Supreme Court, Warren County

Boland v. Riding High Dude Ranch, Inc., 58485

Motion In Limine to Prohibit Evidence Of Parties' Agreement, Release Granted

58485
Justice Robert Muller

Practice Areas: Contracts, Torts, Civil Procedure

Appellate Division, First Department

Cardoza v. City of New York, 307977/08

Jury Award Against Officers for Excessive Force Is Reinstated

307977/08
Before: Acosta, J.P., Saxe, Richter, Gische, Kapnick, JJ.

Practice Areas: Civil Rights, Torts, Damages, Punitive, Appellate Law - Civil, Standard of Review

Appellate Division, Third Judicial Department

Schulz v. Cuomo, 520670

Claim Challenging Adoption of State Programs Dismissed

520670
Before: McCarthy, J.P. Egan Jr., Rose and Lynch, JJ.

Practice Areas: Appellate Law - Civil

Criminal Court, New York County, Bench Trial Part 1

The People of the State of New York, Plaintiff v. Xulan Li, Defendant, 2015NY046526

Instrument Charging Defendant With Unlicensed General Vending Contrary to City's Administrative Code Dismissed for Failure to Allege Defendant Selling Items in "Public Space"

2015NY046526
Judge Lyle Frank

Appellate Term, 9th & 10th Judicial Districts

All Season Awning Corp. v. Hartofelis, 2014-1364 S C

Home Improvement Contractor's Failure To Comply With Statute Does Not Bar Recovery

2014-1364 S C
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Practice Areas: Contracts

Appellate Division, First Department

Maisonet v. Roman, 22180/13

Plausible Sudden Emergency Doctrine Defense Requires Summary Judgment's Reversal

22180/13
Justice Dianne Renwick

Practice Areas: Insurance Law, Automotive, Torts, Motor Vehicles

Supreme Court, Suffolk County, I.A.S. Part 43

Bonfante III v. Nevone, 14-62953

Contract Breach Claim Against Contractor Dismissed; Sanctions Hearing Ordered

14-62953
Justice Arthur Pitts

Practice Areas: Contracts, Civil Procedure

Supreme Court, Ulster County

American Express Centurion Bank v. Kreuter, 15-1189

Dentist Denied Reargument as There Is Timely Breach Of Contract Claim by Patient

15-1189
Justice Lisa Fisher

Practice Areas: Contracts, Civil Procedure, Torts

Supreme Court, New York County, IAS Part 53

Lipton v. Green, 651754/2014

Agreement to Agree Where Material Terms Left for Future Negotiations Unenforceable

651754/2014
Justice Charles Ramos

Practice Areas: Contracts, Business Entities

Supreme Court, New York County, Part 62

Schoolman Transportation System, Inc. v. The Board of Edu. of the City School Dist. of the City of N.Y., 651803/13

DOE Granted Dismissal of Suit for Payment Of Full Contract for Oral Termination Notice

651803/13
Justice James d'Auguste

Practice Areas: Contracts, Education Law

Surrogate's Court, Suffolk County

ESTATE OF THE GLORIA M. SMITH GRANTOR TEN YEAR RETAINED INCOME TRUST

ESTATE OF THE GLORIA M. SMITH GRANTOR TEN YEAR RETAINED INCOME TRUST, (13/3264/B) — On April 8, 2015, pursuant to its authority under SCPA 1502(2), this court suspended respondent Dana Smith as trustee of The Gloria M. Smith Grantor Ten Year Retained Income Trust; and appointed petitioners Westey Smith Mandriota, Tracey McCauley and Kimberly Hysni as successor co-trustees of captioned trust, upon due qualification, for the purpose of marketing and selling the trust realty located at 167 East Shore Road in Huntington Bay, New York, so that the trust could be wound up and its assets distributed. Noting that this respondent was precluded on SCPA 707(e) grounds from being appointed fiduciary of the estate of Gloria M. Smith (File #2013-3264/A), the court held that it is authorized to appoint a successor trustee to wind up a terminated trust's administration or distribution "... when there is no person in office able to execute it" (SCPA 1502 [5]). The court specifically found that "(R) espondent's apparent failure to fulfill her fiduciary obligations renders her subject to suspension and, ultimately, removal as trustee, and allows for the appointment of a successor or successors to complete captioned trust's administration" (In the Matter of the Gloria M. Smith Grantor Ten Year Retained Income Trust, Decision April 8, 2015, S. Czygier, File #2013-3264/B). A hearing was then scheduled for respondent's removal.

13/3264/B
Surrogate John Czygier Jr.

Appellate Term, Second Judicial Department

THE PEOPLE v. CONCEPCION, MATTHEW

2015-2051 S CR. THE PEOPLE v. CONCEPCION, MATTHEW — Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered August 17, 2015, to continue a stay, pursuant to CPL 460.50 and Vehicle and Traffic Law §1808, granted by decision and order on motion of this court dated November 27, 2015, and to direct respondent to notify the Commissioner of Motor Vehicles that the stay has been extended.

2015-2051 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

SILVERSTEIN v. 30 CTR. REALTY CORP.

2016-388 Q C. SILVERSTEIN v. 30 CTR. REALTY CORP. — Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered December 17, 2015.

2016-388 Q C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

WRG ACQUISITION XIII, LLC v. STRASSER

2015-1582 N C and 2015-2257 N C. WRG ACQUISITION XIII, LLC v. STRASSER — Motion by appellant to vacate an order of this court dated January 11, 2016, which dismissed an appeal from an order of the District Court of Nassau County, First District, dated June 17, 2015 (appeal No. 2015-2257 N C), to continue a stay granted by decision and order on motion of this court dated October 2, 2015, and to consolidate that appeal with an appeal from a final judgment of the same court entered November 20, 2014 (appeal No. 2015-1582 N C), and for other relief.

2015-1582 N C and 2015-2257 N C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

PEOPLE v. ROGERS, RODNEY

PEOPLE v. ROGERS, RODNEY — 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, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. ANASTASIO MORALES, def-app

14-209. THE PEOPLE, res, v. ANASTASIO MORALES, def-app — Judgment of conviction (Melissa C. Jackson, J., at plea; Erika M. Edwards, at sentencing), rendered October 7, 2013, affirmed.

14-209
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

NORTH ACUPUNCTURE, P.C., A/A/O PEREZ v. TRAVELERS PROP. CAS. INS. CO.

2013-1019 K C. NORTH ACUPUNCTURE, P.C., A/A/O PEREZ v. TRAVELERS PROP. CAS. INS. CO. — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 24, 2011, for failure to prosecute, and for related relief.

2013-1019 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

JOHNSON v. JP MORGAN CHASE BANK, N.A.

2016-622 K C. JOHNSON v. JP MORGAN CHASE BANK, N.A. — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 5, 2015.

2016-622 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

660 REALTY CO. LLC v. KOZAK, YAROSLAVA., ET AL.

660 REALTY CO. LLC v. KOZAK, YAROSLAVA., ET AL., — Stipulation "So Ordered": Appeal adjourned to the June 2016 term of the Court.


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

Appellate Term, First Judicial Department

THE PEOPLE, res, v. JOHNNY ESPINAL, def-app

13-306. THE PEOPLE, res, v. JOHNNY ESPINAL, def-app — Judgment of conviction (Michelle A. Armstrong, J.), rendered January 6, 2013, affirmed.

13-306
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

MURRAY v. GONZALEZ

2016-389 K C. MURRAY v. GONZALEZ — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 29, 2016.

2016-389 K C
: Pesce, P.J., Weston, Solomon, JJ.

Appellate Term, Second Judicial Department

ATKINSON v. O'TOOLE

2015-1655 S C. ATKINSON v. O'TOOLE — Motion by respondent to strike the appendix to appellant's brief and to enlarge the time to serve and file a respondent's brief on an appeal from a judgment of the District Court of Suffolk County, Third District, entered June 16, 2014.

2015-1655 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

HERNANDEZ, MARITZA v. SOL S. STOLZENBERG, D.M.D., ET AL.

HERNANDEZ, MARITZA v. SOL S. STOLZENBERG, D.M.D., ET AL., — Stipulation "So Ordered": Appeal adjourned to the June 2016 term of the Court.


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

Appellate Term, Second Judicial Department

THE PEOPLE v. CADEAU, FRANTZI

2016-395 K CR. THE PEOPLE v. CADEAU, FRANTZI — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, entered January 21, 2016.

2016-395 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SHEHZAD, AMIR

2015-2570 RI CR. THE PEOPLE v. SHEHZAD, AMIR — Application by defendant pursuant to CPL 450.16 and 460.15 for a certificate granting leave to appeal to this court from so much of an order of the Criminal Court of the City of New York, Richmond County, entered July 1, 2015, as denied the branch of a motion by appellant seeking to vacate a judgment of conviction of the same court rendered May 9, 2012, which has been referred to me for determination.

2015-2570 RI CR
: Pesce, P.J.

Appellate Term, Second Judicial Department

PEPIN v. DIBRIENZA

2014-2239 K C. PEPIN v. DIBRIENZA — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 16, 2014, to continue a stay granted by decision and order on motion of this court dated January 7, 2016, and for leave to prosecute the appeal on a stipulated, reproduced record.

2014-2239 K C
: Pesce, P.J., Weston, Solomon, JJ.

Appellate Term, Second Judicial Department

HUANG YI CHENG v. BINET

2016-1 Q C. HUANG YI CHENG v. BINET — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered December 24, 2015. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's papers in opposition.

2016-1 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. JAMES SMALLWOOD, def-app

13-243. THE PEOPLE, res, v. JAMES SMALLWOOD, def-app — Judgment of conviction (Michelle A. Armstrong, J.), rendered December 7, 2012, affirmed.

13-243
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.

Appellate Term, First Judicial Department

NSS FINANCIAL SERVICES, LLC v. ASDON, ELIYAHU

NSS FINANCIAL SERVICES, LLC v. ASDON, ELIYAHU — Stipulation "So Ordered": Service and filing of Reply Brief enlarged to April 14, 2016.


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

Appellate Term, First Judicial Department

THE PEOPLE, res, v. LEELON JONES, def-app

14-369. THE PEOPLE, res, v. LEELON JONES, def-app — Judgment of conviction (Erika M. Edwards, J.), rendered October 28, 2013, affirmed.

14-369
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. LESTER GALAN, def-app

13-067. THE PEOPLE, res, v. LESTER GALAN, def-app — Judgment of conviction (Diana M. Boyar, J. at initial plea; Ann E. Scherzer, J. at re-plea and sentencing), rendered June 20, 2013, affirmed.

13-067
: Lowe, III, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

884 WEST END LLC v. ROSMAN, ELIEZER; 1522 1st Avenue Realty LLC v. Miller, Mayne; Greystone Properties 104 LLC v. Borgella, Rodly; 1526 Beach LLC v. Gladden, Tolecia; Ngalam, Tita S. v. Martinez, Erica; 990 Avamericas Associates L.P. v. Lafayette Fashions Inc., Et Al; 1809-15 7th Ave HDFC v. Arthur, Nora., Et Al., — Ex-parte applications are declined

884 WEST END LLC v. ROSMAN, ELIEZER; 1522 1st Avenue Realty LLC v. Miller, Mayne; Greystone Properties 104 LLC v. Borgella, Rodly; 1526 Beach LLC v. Gladden, Tolecia; Ngalam, Tita S. v. Martinez, Erica; 990 Avamericas Associates L.P. v. Lafayette Fashions Inc., Et Al; 1809-15 7th Ave HDFC v. Arthur, Nora., Et Al., — Ex-parte applications are declined.


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

Appellate Term, Second Judicial Department

GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN.

2016-466 Q C. GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2015.

2016-466 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

PEOPLE v. PADILLA, JORGE

PEOPLE v. PADILLA, JORGE — 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. See Order


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

Appellate Term, First Judicial Department

PEOPLE v. GONZALEZ, DAVID; Gaye, Souleymane; Miranda, Gilberto; Clark, Dane

PEOPLE v. GONZALEZ, DAVID; Gaye, Souleymane; Miranda, Gilberto; Clark, Dane — Stipulation: "So Ordered"; adjourned to the October 2016 Term of this Court.


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

Appellate Term, Second Judicial Department

1625 ROCKAWAY PARKWAY, LLC v. MATTHEWS

2015-2380 K C. 1625 ROCKAWAY PARKWAY, LLC v. MATTHEWS — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 6, 2015, to vacate a stay granted by decision and order on motion of this court dated December 23, 2015, for the release of funds on deposit, and for other relief.

2015-2380 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. EL, SAGE

2016-186 K CR. THE PEOPLE v. EL, SAGE — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from two judgments of conviction of the Criminal Court of the City of New York, Kings County, rendered November 5, 2015, and from a determination of the same court dated November 5, 2015 granting defendant an adjournment in contemplation of dismissal.

2016-186 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Surrogate's Court, Suffolk County

ESTATE OF CAROLYN O. MAISCH, A/K/A CAROLYN MAISCH, Deceased

ESTATE OF CAROLYN O. MAISCH, A/K/A CAROLYN MAISCH, Deceased (12/3613/B) — In this proceeding to judicially settle his account, petitioner asks, as a threshold matter, to dispense with service of process upon certain contingent interests pursuant to SCPA 315. Upon granting same, he asks that the court approve various administration expenses and counsel fees.

12/3613/B
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ROTHSCHILD TRUSTS UNDER AGREEMENTS DATED DECEMBER 24, 1959, JUNE 29, 1961 AND OCTOBER 9, 1962

IN THE MATTER OF THE ROTHSCHILD TRUSTS UNDER AGREEMENTS DATED DECEMBER 24, 1959, JUNE 29, 1961 AND OCTOBER 9, 1962. (15/4194); (15/4194/a) — Before the court are a motion to dismiss and a cross-motion to disqualify counsel for respondents herein. The motion to dismiss is granted solely to the extent of holding the underlying proceeding in abeyance, pending resolution of the subsequently filed applications for construction of the various trusts. The cross-motion to disqualify counsel is denied.

15/4194; 15/4194/a
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF PATRICK HENRY MERCERON, A/K/A PATRICK MERCERON, Deceased

ESTATE OF PATRICK HENRY MERCERON, A/K/A PATRICK MERCERON, Deceased (13/4022/B) — In this compelled accounting proceeding, objections have been filed by the guardian ad litem appointed by the court. Decedent was survived by his son, who has not appeared herein, and his two daughters, Sabrina Merceron ("Sabrina") and Chloe Merceron ("Chloe"), who is an infant. Sabrina is the guardian of the property of Chloe, who is the sole residuary beneficiary under decedent's will. Decedent's last will and testament, dated May 22, 2009, was admitted to probate pursuant to decision and decree each dated February 6, 2014. Letters of administration c.t.a. issued to Sabrina on July 31, 2014 after the posting of a bond.

13/4022/B
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF JOAN E. LEVEY, Deceased

ESTATE OF JOAN E. LEVEY, Deceased (12/4371) — In this contested probate proceeding, an instrument dated May 12, 2005 has been offered for probate as the last will and testament of the above named decedent. Objections have been filed to the probate of the propounded instrument by John Hanrahan as administrator of the estate of Ann T. Hanrahan ("Hanrahan" or "objectant"), decedent's postdeceased sister. Decedent died on September 30, 2012 and her last will and testament was thereafter offered for probate by LuAnn Leno and James Levey ("petitioners" or "movants"), the co-executors nominated therein. Ann T. Hanrahan died on June 1, 2013 and objections were filed by Hanrahan on October 29, 2013.

12/4371
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF STELLA HANDLEY, Deceased

ESTATE OF STELLA HANDLEY, Deceased, (11/1487/I) — By decision/order dated May 12, 2015, the underlying proceeding for discovery, pursuant to SCPA 2103, was converted by the court into a turnover proceeding, upon respondent's repeated default in appearing. The chronology recited in this court's decision/order dated March 17, 2015 is incorporated herein, and is also reflected in petitioner's supporting papers (See Estate of Handley, File #2011-1487/1, 3/17/2015 and 5/12/2015, S. Czygier). After additional attempts to schedule an inquest, the court directed counsel for petitioner to submit any documentation supporting his position to the court for review, anticipating final submissions by February 19, 2016, while reserving its right to schedule a hearing (See Estate of Handley, File #2011-1487/1, 11/19/2015, S. Czygier). As she has in the past, respondent has provided the court, with a faxed letter from a physician, who is purportedly treating respondent, indicating that, she "is not mentally capable" of appearing in court, and that she should be excused from court appearances through April 1, 2016. Respondent has not submitted any documentation in opposition to petitioner's submission (s) herein, but for this fax transmission.

11/1487/I
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF STEPHEN M. LAMSTEIN A/K/A STEPHEN LAMSTEIN, Deceased

ESTATE OF STEPHEN M. LAMSTEIN A/K/A STEPHEN LAMSTEIN, Deceased (472P09/C/D/E/F) — Before the court is a motion for summary judgment brought by the petitioner in a proceeding seeking the removal of the executor under captioned decedent's last will and testament, as well as the removal of the trustee of an inter vivos trust. For the reasons set forth herein, the motion is denied.

472P09/C/D/E/F
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF CHRISTINE E. CHRISTIE, Deceased

ESTATE OF CHRISTINE E. CHRISTIE, Deceased (15/950) — Within the context of the underlying contested probate proceeding, respondent, John Scott Christie, moves for an order pursuant to CPLR 3214 and 3126 compelling petitioner to comply with his disclosure demands. Petitioner, Pamela C. Kart, opposes the instant application. For the reasons set forth below, the application is denied and the "NOTICE FOR DISCOVERY & INSPECTION," "DEMAND FOR ELECTRONIC MEDIA" and "DEMAND FOR AUTHORIZATIONS" are stricken.

15/950
Surrogate John Czygier Jr.

Surrogate's Court, Suffolk County

ESTATE OF NORMAN J. MERCER, Deceased

ESTATE OF NORMAN J. MERCER, Deceased (211P08/Q) — Subsequent to the filing of the underlying petition, counsel for the co-petitioners advised the court that one of his clients, David J. Mercer, has passed away. The court has received a copy of the death certificate and has amended the caption, sua sponte. Further, the parties have agreed that the court will render a determination of this contested application on the papers submitted.

211P08/Q
Surrogate John Czygier Jr.

Appellate Division, Third Department

Matter of N.Y. State Correctional Officers v. N.Y. State Office of Mental Health, 521067

Rule Requiring Mental Health Personnel Who Refuse Flu Vaccination to Wear Masks Is Upheld

521067
Before: Garry, J.P., Egan Jr., Lynch, Devine and Clark, JJ.

Practice Areas: Health Law

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

Deutsche Bank National Trust Co. v. Deserio, 62428/14

Mandatory Condition Precedent Characterized As Defense, Waived by Non-Appearing Defendant

62428/14
Justice Thomas Whelan

Practice Areas: Residential and Commercial Real Estate

Civil Court, Bronx County, Housing Part A

Oregon Realty Co. v. Rincon, 84143/15

Tenant Fails to Show Excusable Default, Meritorious Defense to Warrant Restoration

84143/15
Judge Jose Rodriguez

Practice Areas: Landlord/Tenant Law

Supreme Court, Queens County, IA Part 36

Bank of America v. Fachlaev, 707497/15

As Borrower Fails to Show Debt Accelerated, Action Not Barred by Limitations Period

707497/15
Justice Diccia Pineda-Kirwan

Practice Areas: Residential and Commercial Real Estate

Civil Court, Bronx County, Housing Part S

West Farms Estate Co., LP v. Morales, L&T 26342/15

Reargument Granted, Judgment of Possession, Warrant of Eviction Against Tenant Vacated

L&T 26342/15
Judge Miriam Breier

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Housing Part B

Burke v. 270 St. Nicholas Avenue HDFC, L&T 6289/13

Discontinuance of Harassment Suit Granted; Respondents Claim for Attorney fees Severed

L&T 6289/13
Judge Cheryl Gonzales

Practice Areas: Landlord/Tenant Law, Civil Procedure, Legal Profession, Attorney Fee Recovery

Civil Court, New York County, Housing Part D

East Harlem LEX Partners LP v. Neville, L&T 62232/15

Landlord's Non-Compliance With HUD Handbook Requirements Mandates Dismissal

L&T 62232/15
Judge Bernadette Black

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County, Part 60

ACE Securities Corp. v. DB Structured Products, 651854/2014

Suit May Not Be Revived Using Savings Provision of CPLR §205(a)

651854/2014
Justice Marcy Friedman

Practice Areas: Commercial Law, Civil Procedure, Statute of Limitations, Securities and Federal Corporate Law, Real Estate Securities

Supreme Court, New York County, Commercial Part 48

Borah Goldstein v. Trumbull Ins. Co., 652633/2013

Firm's Hurricane Sandy and Computer Virus Business Interruption Claims Narrowed

652633/2013
Justice Jeffrey Oing

Practice Areas: Insurance Law

Supreme Court, New York County, IAS Part 6

Matter of The City Club of New York v. Hudson River Park Trust, 101068/2015

Lawsuit to Block Hudson River Park Plan Dismissed

101068/2015
Justice Joan Lobis

Practice Areas: Land Use and Planning, Environmental Law

Appellate Division, First Department

Aponte v. Olatoye, 400546/14

Split Panel Backs Tenancy for Disabled Woman's Son

400546/14
Before: Tom, J.P., Renwick, Andrias, Moskowitz, Manzanet-Daniels, JJ.

Practice Areas: Civil Rights, Appellate Law - Civil, Standard of Review, Landlord/Tenant Law, Residential and Commercial Real Estate

Supreme Court, Warren County

Stephanie Carota, Plaintiff v. Hess Corporation, Defendant, 60319

Submissions Insufficient to Provide Prima Facie Evidence That Filling Station Kept Premises in Reasonably Safe Condition, Lacked Actual Notice of Any Dangerous Condition; Summary Judgment Denied

60319
Justice Robert Muller

Practice Areas: Torts, Premises Liability

Town Court, Monroe County

The People v. Abrucci-Kohan

Probable Cause Existed to Stop Defendant's Car for One of Four Taillights Not Operating

[Index Number Redacted by Court]
Judge Steven Milligram

Practice Areas: Criminal Law

Supreme Court, Greene County

Harris v. Finster, Inc., 12-0941

Court Permits Plaintiff's Proposed Amendment To Complaint to Conform to Evidence

12-0941
Justice Lisa Fisher

Practice Areas: Civil Procedure, Residential and Commercial Real Estate

Surrogate's Court, Dutchess County

Matter of Barbero, 2015-41

Conclusory Claims of Need for Confidentiality Of Agreement Insufficient to Seal Court Record

2015-41
Surrogate James Pagones

Practice Areas: Trusts and Estates, Civil Procedure

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

Trinity Transportation Corp. v. Town of Brookhaven, 14-24084

Amended Agreement Null, Void for Failing To Comply With Competitive Bidding Procedures

14-24084
Justice Joseph Pastoressa

Practice Areas: Contracts

Supreme Court, Queens County, IAS Part 6

Jones v. The City of N.Y., 5395/09

Triable Issues Exist Whether Worker Was Sole, Proximate Cause of Own Injuries

5395/09
Justice Howard Lane

Practice Areas: Labor and Employment

Supreme Court, New York County

Caesar v. Brookman, 800004/15

Parties' E-mail Constituted Continuous Treatment; Malpractice Claim Timely Filed

800004/15
Justice Alice Schlesinger

Practice Areas: Civil Procedure, Medical Malpractice

Surrogate's Court, Bronx County

Estate of Anthony Eliot Vernikov

Order signed; 2015-2566 -Estate of Anthony Eliot Vernikov; Order signed; 42G1999 -Estate of Freddie Hector Rivera Jr; Order signed; 2015-2016 -Estate of Rachel Delita Boynes; Order signed; 2012-1151/A -Estate of Shanthania Pena; Order signed; 97G2006/A -Estate of Armando Cocaj; Decree signed; 281G2004 -Guardianship of Sedia Blamo Hawa Jebboe; Decree signed; 2015-1630 -Guardianship of Issaih Ethan Moore; Decree signed; 2015-1693 -Guardianship of Jose Fernandez; Decree signed; 2015-1923 -Guardianship of Quilmer Garibaldi Jimenez Correa; Decree signed; 2015-1909 -Guardianship of Krystal-Kaye Shaneik Gordon; Decree signed; 2015-460 -Guardianship of Samanta Montero; Decree signed; 2015-2883 -Guardianship of Josiah Joel De'Sean Bell; Decree signed; 2015-2882 -Guardianship of Jeshoua Sean Lamonte Bell; Decree signed; 2015-2010 -Guardianship of Izaeya Justice Aviles; Decree signed; 2016-77 -Guardianship of Onesty Lameek Martin; Decree signed; 2016-76 -Guardianship of Tori Charlotte Tina Martin

2015-2566
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

POZNER v. CHEIKHAOUI

2016-285 K C. POZNER v. CHEIKHAOUI — Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 23, 2015, and, in effect, for summary reversal.

2016-285 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

RINDENOW v. ALENICK

2016-488 N C. RINDENOW v. ALENICK — Appeals from orders of the District Court of Nassau County, First District, entered April 24, 2014 and September 8, 2015, respectively. The order entered April 24, 2014 denied appellants' motion, in effect, for leave to reargue their opposition to respondent's prior motion to strike their jury demand. The order entered September 8, 2015, insofar as appealed from, denied appellants' motion to dismiss the petition. By order of the same court dated January 5, 2016, made upon reargument of appellants' motion to dismiss the petition, appellants' motion to dismiss the petition was granted.

2016-488 N C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

MANSFIELD OWNERS, INC. v. PHILLIP

2015-124 K C. MANSFIELD OWNERS, INC. v. PHILLIP — Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated February 5, 2016, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered December 9, 2014, and for related relief.

2015-124 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

M&B LINCOLN REALTY CORP. v. THOMPSON

2014-1241 K C. M&B LINCOLN REALTY CORP. v. THOMPSON — Motion by undertenantrespondent for leave to appeal to the Appellate Division from a decision and order of this court dated December 8, 2015, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 30, 2013, and for a stay.

2014-1241 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SAMUEL, ODDETTE G.

2012-434 K CR. THE PEOPLE v. SAMUEL, ODDETTE G. — Motion by respondent for leave to reargue an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 23, 2012, which was determined by decision and order of this court dated September 17, 2015 (49 Misc 3d 1350[A], 2015 NY Slip Op 51413[U]).

2012-434 K CR
: Pesce, P.J., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

CATON OWNERS, LLC v. LYTTLE

2014-1624 K C. CATON OWNERS, LLC v. LYTTLE — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 3, 2014, in effect, to continue a stay granted by decision and order on motion of this court dated September 24, 2014, reinstated and continued by decision and order on motion of this court dated January 8, 2015, and extended by decisions and orders on motion of this court dated May 20, 2015, August 19, 2015 and December 3, 2015.

2014-1624 K C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

125 COURT ST., LLC v. SHER

2015-2505 K C. 125 COURT ST., LLC v. SHER — Motion by respondent-appellant on an appeal and cross appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered August 28, 2015, in effect, to modify the terms of a stay granted by decision and order on motion of this court dated January 12, 2016.

2015-2505 K C
: Aliotta, J.P., Pesce, Solomon, JJ.

Appellate Term, Second Judicial Department

35 JACKSON HOUSE APTS. CORP. v. YAWORSKI

2014-895 Q C. 35 JACKSON HOUSE APTS. CORP. v. YAWORSKI — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 23, 2014, which was determined by decision and order of this court dated December 15, 2015, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court, and for a stay.

2014-895 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

REMO ANDREIS and LILLIAN ANDREIS, app, v. VINCENT ALFANO, res

2014-1923 S C. REMO ANDREIS and LILLIAN ANDREIS, app, v. VINCENT ALFANO, res — Appeal from a judgment of the District Court of Suffolk County, Sixth District (David A. Morris, J.), entered May 20, 2014. The judgment, after a nonjury trial, dismissed the action.

2014-1923 S C
: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

THOMAS CLIFFORD, res, v. NATIONWIDE CUSTOM SERVICES, INC., app

2014-1931 RO C. THOMAS CLIFFORD, res, v. NATIONWIDE CUSTOM SERVICES, INC., app — Appeal from a judgment of the Justice Court of the Town of Orangetown, Rockland County (Richard C. Finning, J.), entered July 3, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,230.

2014-1931 RO C
: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

35 JACKSON HOUSE APTS. CORP. v. YAWORSKI

2014-896 Q C. 35 JACKSON HOUSE APTS. CORP. v. YAWORSKI — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 23, 2014, which was determined by decision and order of this court dated December 15, 2015, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court, and for a stay.

2014-896 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

CITY CARE ACUPUNCTURE, P.C. AND JAMAICA WELLNESS MEDICAL, P.C. A/A/O SERGHEICIUC v. ALLSTATE PROPERTY AND CASUALTY INS. CO.

2015-1846 Q C. CITY CARE ACUPUNCTURE, P.C. AND JAMAICA WELLNESS MEDICAL, P.C. A/A/O SERGHEICIUC v. ALLSTATE PROPERTY AND CASUALTY INS. CO. — Motion by respondent to enlarge the time to serve and file a respondent's brief, on an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 28, 2015.

2015-1846 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

ALL SEASON AWNING CORPORATION, res, v. MICHAEL X. HARTOFELIS, app

2014-1364 S C. ALL SEASON AWNING CORPORATION, res, v. MICHAEL X. HARTOFELIS, app — Appeal from a judgment of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), entered March 3, 2014. The judgment, after a nonjury trial, upon finding in favor of plaintiff in the principal sum of $3,959 on its cause of action and in favor of defendant in the principal sum of $200 on his counterclaim, awarded plaintiff the net principal sum of $3,759.

2014-1364 S C
: Marano, P.J., Iannacci and Garguilo, JJ.

Surrogate's Court, New York County

ESTATE OF JEAN G. THALLY, Deceased

ESTATE OF JEAN G. THALLY, Deceased. (15/576/B & C) — At the call of the motion calendar on April 8, 2016, the court granted this unopposed motion by petitioner in this probate proceeding in the estate of decedent Jean Thally. The motion sought to compel compliance with a subpoena served on non-party Italo Tirillo, who is alleged to be one of two attesting witnesses to the will offered for probate (CPLR 2308[b]). The court directed and ordered Italo Tirillo to appear for his examination pursuant to SCPA 1404 no later than 30 days after personal service upon him of a certified copy of this order. Upon proof by affidavit filed with the court and served on the parties that Italo Tirillo has failed to appear and be examined as required by this order, a warrant directing the sheriff to bring Italo Tirillo before this court may issue without further notice.

15/576/B C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF LAWRENCE J. CORNECK, Deceased

ESTATE OF LAWRENCE J. CORNECK, Deceased (14/4693/B) — After a conference with the parties following the court's miscellaneous calendar called on April 5, 2016, and as agreed to by the parties, respondent Stewart D. Pollak is directed to file with the court and serve on the other parties no later than April 12, 2016, a verified, responsive pleading to this petition to revoke the preliminary letters testamentary granted to Mr. Pollak on or about December 22, 2014 in the estate of decedent Lawrence J. Corneck.

14/4693/B
Surrogate Mella

Surrogate's Court, Bronx County

Estate of Betty Fitzgerald

Order signed; 1218P1993T -Estate of Betty Fitzgerald; Order signed; 2015-1031 -Estate of Dorothy Rock; Order signed; 2016-702 -Estate of Edna Wason; Order signed; 2016-563 -Estate of Cynthia McIver; Order signed; 2016-609 -Estate of Barbara Loewenthal; Order signed; 2011-2324 -Estate of Leon Hernesh; Order signed; 2015-1141/B -Estate of Grace Ferranti; Decree signed; 2016-204 -Estate of Mattie Schottenfeld; Decree signed; 2015-2128/C -Estate of Edward J Holland; Decree signed; 2015-2128/B -Estate of Edward J Holland; Decree signed; 2014-1522/A -Estate of Helena Robles; Decree signed; 2016-455/A -Estate of Andrew Skrapits

1218P1993T
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALICE DAVIS, Deceased

ESTATE OF ALICE DAVIS, Deceased (14/51/A) — The administrator, the decedent's son, seeks to compromise claims arising from the decedent's death and judicially account for the settlement proceeds.

14/51/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF QUILMER G. J. C., ALSO KNOWN AS QUILMER G., ALSO KNOW AS QUILMER J., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF QUILMER G. J. C., ALSO KNOWN AS QUILMER G., ALSO KNOW AS QUILMER J., AN ALLEGED MENTALLY RETARDED PERSON (15/1923) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/1923
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MAGDA MARKOWICZ, Deceased

ESTATE OF MAGDA MARKOWICZ, Deceased (15/2865) — In this probate proceeding in which objections were filed by the decedent's daughter, the parties stipulated on the record in open court to submit the objections for a summary judgment determination on the papers (see CPLR 3212).

15/2865
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Camille Kunzenmann

Order signed; 2015-1888 -Estate of Camille Kunzenmann; Order signed; 2012-2291/A -Estate of Laura Rivera; Order signed; 2015-988 -Estate of Millicent Taylor; Decree signed; 2015-496/A -Estate of Melvin Thomas Jr; Decree signed; 2016-536 -Estate of John Pegram; Decree signed; 2015-2745 -Estate of Herbert Cabassa; Decree signed; 2015-2502 -Estate of Marian Greene; Decree signed; 2015-2155 -Estate of Artelia Lawrence; Decree signed; 2015-2962 -Estate of John K Barnett; Decree signed; 2016-537 -Estate of Frances Lidge; Decree signed; 2016-664 -Estate of Ana M Marrero; Decree signed; 2015-964/A -Estate of Robert Johnson; Decree signed; 2015-2703 -Estate of Adrienne Adams; Decree signed; 2014-2183/A -Estate of Christopher Rego; Decree signed; 2014-1/B -Estate of Isadore Glover; Decree signed; 2014-2734 -Estate of Carmen Rodriguez; Decree signed; 2016-560 -Estate of Thomas Reilly; Decree signed; 2016-579 -Estate of Giuseppina Giannitrapani

2015-1888
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIO TARANTINO, Deceased

ESTATE OF MARIO TARANTINO, Deceased (08/627/A) — The administrator, one of the decedents daughter, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.), being held in her attorneys escrow account. The supreme court order, inter alia, directed payment of attorneys' fees and disbursements.

08/627/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF BRENOAH A., ALSO KNOWN AS BRENOAH E. A., AN INFANT

GUARDIANSHIP OF BRENOAH A., ALSO KNOWN AS BRENOAH E. A., AN INFANT (101G2006/A) — In this proceeding by the successor guardian ad litem for the infant seeking, inter alia, to revoke the letters of guardianship of the property issued to the infant's maternal aunt on December 28, 2006 based on her alleged misappropriation with the assistance of two respondent fiduciary institutions, the letters of the respondent guardian were suspended by decision and order of this court dated January 28, 2013, and the suspended guardian and the former guardian ad litem defaulted on this application. Two respondent institutions filed objections; however, on the last adjourned date, a proposed settlement was reached with them which withdrew their objections, and the guardian ad litem requested and received authorization to enter into the stipulation which was then reduced to writing and filed with the court. The remaining issues of the revocation of the letters of guardianship of the property and the request to deny any possible claim for legal services of a former guardian ad litem are the only issues remaining before the court.

101G2006/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Vilma Woznicki

Order signed; 2012-359/B -Estate of Vilma Woznicki; Order signed; 2012-1568/A -Estate of Fay Solomon; Order signed; 2011-1030/A -Estate of Vladimir Makarov; Decree signed; 2008-627/A -Estate of Mario Tarantino

2012-359/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF SAMANTHA M., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON

GUARDIANSHIP OF SAMANTHA M., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON (15/460) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged developmentally disabled person.

15/460
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF KRYSTALKAYE S. G., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON

GUARDIANSHIP OF KRYSTALKAYE S. G., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON (15/1909) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardian of the person and property of the respondent, an alleged developmentally disabled person.

15/1909
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF RICHARD PAUL SJOSTROM, Deceased

ESTATE OF RICHARD PAUL SJOSTROM, Deceased (12/1009/B) — The executor, the decedent's spouse, seeks the authority to sell realty specifically devised under the decedent's will, admitted to probate on March 8, 2015. The will leaves the realty equally to the petitioner and the decedent's two daughters, one of whom post-deceased the decedent. The surviving daughter consents to the application. Process was served on the spouse of the post-deceased daughter, her alleged sole distributee, and he defaulted. No estate fiduciary has been appointed for the estate of the post-deceased daughter in Florida, her alleged domicile. The estate file indicates that the estate assets consist of the realty as well as approximately $200,000 in personal property.

12/1009/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF THOMAS JONES, Deceased

ESTATE OF THOMAS JONES, Deceased (15/764) — In this probate proceeding, on the return date of a motion by one of the decedent's five children, his only distributees, seeking to withdraw his waiver and consent to probate of the propounded instrument dated April, 2007 offered by the nominated executor, a daughter of the decedent, the parties stipulated to, inter alia, adjourn the motion to April 21, 2016 while certain information was obtained and to the selection by the court of an appraiser from a list of appraisers submitted by each party.

15/764
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ELMA SENDRA, Deceased

ESTATE OF ELMA SENDRA, Deceased (15/788) — In this application by a daughter of the decedent for limited letters of administration, jurisdiction was obtained over the decedent's four other children, without any appearance in opposition. Accordingly, and in the absence of any opposition the application is granted, and letters of administration limited by SCPA 702(1) shall issue to the petitioner.

15/788
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALFRED HARRINGTON, Deceased

ESTATE OF ALFRED HARRINGTON, Deceased (15/1349) — On the return date of a supplemental citation of this application by the daughter-in-law of the decedent, who is the fiduciary of the estate of a post-deceased son seeking letters of administration, it appeared that proof remained incomplete and the matter was marked "supplemental citation;" however, it now appears that jurisdiction is complete over the decedent's two sons, without any opposition to the application.

15/1349
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Sylvia Klein

Order signed; 2013-137/C -Estate of Sylvia Klein; Order signed; 212P1961/B -Estate of Max Blumenkrantz; Order signed; 212P1961/C -Estate of Max Blumenkrantz; Decree signed; 2012-2005/B -Estate of Jose Flores-Andino

2013-137/C
Surrogate Malave-Gonzalez

Appellate Division, Third Department

Matter of Hennessey Jr., D-20-16

Panel Authorizes Use of Criminal Record in Disciplinary Case

D-20-16
Before: McCarthy, J.P., Garry, Egan Jr. and Clark, JJ.

Practice Areas: Legal Profession, Appellate Law - Civil

Appellate Division, Second Department

Galanova v. Safir, 27265/10

Justices Dismiss Co-op Tenant's Defamation Suit

27265/10
Before: Eng, P.J., Mastro, Leventhal, Miller, JJ.

Practice Areas: Appellate Law - Civil, Torts, Intentional Torts, Defamation

Supreme Court, Queens County, IAS Part 30

Lin v. Lin, 700829/2012

Defendant Cannot Not Make 'End Run Around Stricken Answer' by Raising Affirmative Defenses

700829/2012
Justice Chereé Buggs

Practice Areas: Civil Procedure

Criminal Court, Kings County, DWI Part

The People v. Felicia, 2015KN053689

Instrument Alleging Defendant Operated Vehicle While Impaired Facially Sufficient

2015KN053689
Judge Andrew Borrok

Practice Areas: Criminal Law

Supreme Court, Bronx County, Part 60

The People v. Byrd, 568/14

Delay of 16 Years in Commencing Prosecution Not Unreasonable, Did Not Violate Due Process

568/14
Justice Steven Barrett

Practice Areas: Criminal Law

Surrogate's Court, New York County

Estate of Maull, 2012-3522/C

Decedent's Spouse's Default Relieved, Time To Elect Extended for Good Cause Shown

2012-3522/C
Surrogate Rita Mella

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 73

The People v. Daugherty, 00503-2015

Contents of Wallet, Backpack Suppressed As No Evidence Search was Inventory Search

00503-2015
Justice Edwina Mendelson

Practice Areas: Criminal Law

Supreme Court, New York County

Matter of New York City Civilian Complaint Review Bd. v. Office of the Comptroller of the City of New York, 452927/15

Court to Conduct In Camera Review of §50-h Hearing Transcripts Sought by CCRB

452927/15
Justice James D'Auguste

Practice Areas: Civil Procedure

Surrogate's Court, Bronx County

ESTATE OF MICHAEL ABBATI, Deceased

ESTATE OF MICHAEL ABBATI, Deceased (10/2060/A) — The executor, the decedent's spouse and sole testamentary beneficiary, seeks to judicially account and distribute the settlement proceeds of causes of action.

10/2060/A
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

Pasquale A. Viggiano; Peter A. Mazzoli; Joseph Bosch; Valentin Kuzmenko; Bruno Mauer; Vito Marando; Anthony Norris; Olimpia Felline; Robert Kuman; Beverly R. Neuhaus; Anne C. Dene; Nunzio Zingaro; Karen Bevacqua; James Hicks; Antonette L. Sica

Matter of: Pasquale A. Viggiano; Peter A. Mazzoli; Joseph Bosch; Valentin Kuzmenko; Bruno Mauer; Vito Marando; Anthony Norris; Olimpia Felline; Robert Kuman; Beverly R. Neuhaus; Anne C. Dene; Nunzio Zingaro; Karen Bevacqua; James Hicks; Antonette L. Sica


Surrogate Gigante

Surrogate's Court, Richmond County

John T. Schron; Richard F. Shouldis; Catherine J. Smith; Dawn Sboto-Sfouggatakis; Albert Glick; Daryl Lally; Dolores J. Moynihan; Grace Colon; Patrick Murphy; Bernard Murphy

Matter of: John T. Schron; Richard F. Shouldis; Catherine J. Smith; Dawn Sboto-Sfouggatakis; Albert Glick; Daryl Lally; Dolores J. Moynihan; Grace Colon; Patrick Murphy; Bernard Murphy


Surrogate Gigante

Surrogate's Court, Richmond County

Victoria M. Blanding; Angela M. Privitera; Heny Enrique Alfaro-Valero; Matthew T. Salkin

Matter of: Victoria M. Blanding; Angela M. Privitera; Heny Enrique Alfaro-Valero; Matthew T. Salkin


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF FLORENCE CALLEN, Settlor

ESTATE OF FLORENCE CALLEN, Settlor, (16/298) — At a conference in the court on April 5, 2015, the initial return date of this proceeding, brought by order to show cause, the parties agreed to an adjournment of the matter to the court's April 29, 2016 calendar. The parties further agreed to the continuation of the restraint imposed by the court's February 17, 2016 order to show cause until the April 29, 2016 return date. Accordingly, it is

16/298
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF JOSEPH DEAN, Deceased

ESTATE OF JOSEPH DEAN, Deceased. (11/4844/B) — At the call of the calendar on April 5, 2016, the return date of petitioner LaRhonda Dean-Ware's motion to restore this proceeding to compel an account to the calendar, the court granted petitioner's motion. Upon being restored, the proceeding was adjourned to the court's June 3, 2016 miscellaneous calendar.

11/4844/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF RAUL M. SLAVIN, Deceased

ESTATE OF RAUL M. SLAVIN, Deceased. (15/1970) — In her counsel's reply affirmation, movant Gilda Julia acknowledges that the protective order sought in her motion is no longer needed, but she continues to pursue the branch of her motion seeking the imposition of sanctions.

15/1970
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HARRY CHANG, Deceased

ESTATE OF HARRY CHANG, Deceased. (03/3038/C) — At the call of the April 5, 2016 calendar, the return day of Julia Collins's motion — in a proceeding to settle her account as a co-executor of the will of Harry Chang — for an order compelling co-executor Diana Van Houtum to agree to a payment of $150,000 to petitioner's counsel, Greenfield Stein & Senior, LLP, and a payment to Lisa Cardone, petitioner's fiduciary accountant, on the record in open court Ms. Van Houtum consented to the payment of Lisa Cardone's fee, and petitioner withdrew the balance of her motion without prejudice to her commencing a proceeding to obtain the same relief.

03/3038/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF FRIEDRICH KARL LUTZ, Deceased

ESTATE OF FRIEDRICH KARL LUTZ, Deceased. (11/3928/F) — At the call of the miscellaneous calendar on April 1, 2016, the petition to punish respondent, John Lynch, Executor of decedent's estate, for contempt for his failure to comply with this court's Decision and Order directing him to file a petition for judicial settlement of his account, was discontinued by petitioner's counsel on the record in open court.

11/3928/F
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF PHILLIS R. CAMBEILH, A/K/A PHILLIS RUTH ANN CAMBEILH, Deceased

ESTATE OF PHILLIS R. CAMBEILH, A/K/A PHILLIS RUTH ANN CAMBEILH, Deceased (11/2768/A/B/C) — Settlements of causes of action for decedent's pain and suffering and wrongful death were approved, the attorney's compensation and disbursements fixed, and a claim of MSPRC allowed, by an order of the Supreme Court, New York County dated October 30, 2015. The administrator has petitioned for leave to allocate and distribute the proceeds of these settlements.

11/2768/A/B/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HAROLD ANTIN, Deceased

ESTATE OF HAROLD ANTIN, Deceased (02/0111) — Before the court are two applications for legal fees for services rendered by successive counsel to the executor of the Estate of Harold Antin. The parties have waived a hearing and agreed to a determination of legal fees on the papers submitted. The firm which first represented the executor seeks approval of legal fees and disbursements for services rendered from January 2002 through March 2009; successor counsel seeks approval of fees from March 2009 through June 2014. The executor's accounting includes the fees of other law firms the executor consulted from time to time. The total amount at issue exceeds $350,000, or 25 percent of this $1,400,000 estate.

02/0111
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF WARREN NEININGER, Deceased

ESTATE OF WARREN NEININGER, Deceased. (11/1786/A/B/C) — The settlement of causes of action for the conscious pain and suffering and wrongful death of Warren Neininger was approved, a claim for funeral expenses was allowed, and the attorney's compensation and disbursements were fixed, by an order of the Supreme Court, New York County, dated August 12, 2015. In accordance with the Supreme Court's order, the proceeds are allocated entirely to the cause of action for wrongful death. The administrator, decedent's son, now petitions for permission to distribute the net proceeds of the settlement.

11/1786/A/B/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF WILLIAM CAZEMIR, Deceased

ESTATE OF WILLIAM CAZEMIR, Deceased (14/39/A) — Decedent William Cazemir died intestate on January 12, 2013. The Public Administrator administered his estate, and seeks to settle her account. An alleged distributee appeared and objected to the account, but failed to present kinship proof despite a hearing having been scheduled. The court agrees with the conclusion of the guardian ad litem appointed for decedent's unknown distributees that distributees may exist, but the record is insufficient to establish their identities.

14/39/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MARILYN SILVER, Deceased

ESTATE OF MARILYN SILVER, Deceased. (14/2802/A) — At the call of the motion calendar on April 1, 2016, the court granted this unopposed motion by objectant Richard L.Kriss, who seeks to prove his status as distributee of decedent Marilyn Silver, in this accounting by the Public Administrator. The motion requested that the court so-order a subpoena duces tecum seeking certified copies of ten birth and death records from the New York City Department of Health and Mental Hygiene Office of Vital Records (see CPLR 2307).

14/2802/A
Surrogate Mella

Surrogate's Court, Bronx County

IN THE INTERMEDIATE AMENDED ACCOUNTING OF VINCENT CHARLES SOFI AND LORRAINE SOFI PUCA AS TRUSTEES OF THE VINCENT SOFI INTERVIVOS TRUST ESTABLISHED BY VINCENT SOFI, Deceased

IN THE INTERMEDIATE AMENDED ACCOUNTING OF VINCENT CHARLES SOFI AND LORRAINE SOFI PUCA AS TRUSTEES OF THE VINCENT SOFI INTERVIVOS TRUST ESTABLISHED BY VINCENT SOFI, Deceased (08/2855/B) — In this contested accounting proceeding, the trustees, two of the decedent's children, served and filed a note of issue, certificate of readiness and statement of issues.

08/2855/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF MARIO A. C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF MARIO A. C., AN ALLEGED MENTALLY RETARDED PERSON (15/1877) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/1877
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF MIGUEL A. P. P., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF MIGUEL A. P. P., AN ALLEGED MENTALLY RETARDED PERSON (15/1604) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/1604
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ADOPTION OF CHILDREN WHOSE FIRST NAMES ARE ISABELLA AND ISAIAH

IN THE MATTER OF THE ADOPTION OF CHILDREN WHOSE FIRST NAMES ARE ISABELLA AND ISAIAH (3X/14 AND 4X/14) — In these two adoption proceedings, counsel for the petitioners, the children's mother and stepfather, filed affirmations stating that his clients desired to withdraw their petitions.

3X/14 AND 4X/14
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DOC GALLOWAY, Deceased

ESTATE OF DOC GALLOWAY, Deceased (10/908/A) — In this proceeding by the decedent's spouse seeking to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds, objections were filed by the guardian ad litem appointed to represent the interests of an incarcerated son.

10/908/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIA M. AMILL, Deceased

ESTATE OF MARIA M. AMILL, Deceased (12/1783/A) — The administrator, a daughter of the decedent, seeks to lift the restrictions on her limited letters of administration and distribute the settlement proceeds of a personal injury cause of action.

12/1783/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DAWN E. WRIGHT, Deceased

ESTATE OF DAWN E. WRIGHT, Deceased (07/399/A) — The administrator, the decedent's sister who is the guardian of the property of one of the decedent's two infant daughters, her only distributees, and co-guardian of the person and property of the other infant, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.). The supreme court order, inter alia, directed payment of attorneys' fees and disbursements, funeral expenses, and directed the purchase of selected annuities in specified sums for the aggregate benefit of the infants, subject to allocation and distribution by this court.

07/399/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF DESHA L. M., A MENTALLY RETARDED PERSON

GUARDIANSHIP OF DESHA L. M., A MENTALLY RETARDED PERSON (14/1853/B) — This is an application by the respondent's aunt, the guardian of the person and property of the respondent, a mentally retarded person, seeking the appointment of two of the respondent's cousins as successor standby guardian and proposed first alternate standby guardian, respectively.

14/1853/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF OKWUDILI OKEKE, Deceased

ESTATE OF OKWUDILI OKEKE, Deceased (15/2133/A) — In this SCPA 1421 proceeding, the decedent's surviving spouse, who is also the limited administrator of the estate, petitions to determine the effect of her right of election against the decedent's New York City Employees' Retirement System (NYCERS) death benefit, which would otherwise pass equally to the three infant children of the spouse and the decedent, the named beneficiaries.

15/2133/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JOSE F., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JOSE F., AN ALLEGED MENTALLY RETARDED PERSON (15/1693) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged mentally retarded person.

15/1693
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIE E. THOMAS, Deceased

ESTATE OF MARIE E. THOMAS, Deceased (15/1928) — This is a proceeding for ancillary probate of the decedent's will dated August 30, 2014 which was admitted to probate by the County of Bernalillo in the Probate Court, State of New Mexico, the decedent's alleged domicile. It appears that by order entered December 21, 2015, the original probate proceeding was then transferred to the Second Judicial District Court, County of Bernalillo. The petitioner, a sister of the decedent, was appointed personal representative of the estate by the probate court.

15/1928
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF PRISCILLA M. L., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF PRISCILLA M. L., AN ALLEGED MENTALLY RETARDED PERSON (15/2202) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged mentally retarded person.

15/2202
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF ISSAIH E. M., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF ISSAIH E. M., AN ALLEGED MENTALLY RETARDED PERSON (15/1630) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged mentally retarded person.

15/1630
Surrogate Malave-Gonzalez

New York State, Court of Appeals

Yaniveth R., v. LTD Realty, No. 35

Judges Find No Duty to Abate Lead in Grandmother's Unit

No. 35
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein and Garcia concur. Judge Fahey dissents in an opinion.

Practice Areas: Landlord/Tenant Law, Torts, Premises Liability

Appellate Division, First Department

The People of the State of New York, Respondent v. Waun Smith, Defendant-Appellant, 3172/13

Panel Rejects DA's Approach in Drug Diversion Case

3172/13
Before: Sweeny, Jr., J.P., Renwick, Manzanet-Daniels, Kapnick, JJ.

Practice Areas: Appellate Law - Criminal

Civil Court, Richmond County, Part Y

St. Marks Place Associates, Petitioner v. Theresa Woods, Respondent-Tenant, 52315/15

Tenant Granted Summary Judgment on Basis of Equitable Estoppel, Partial Summary Judgment on Basis of Laches; Landlord's Monthly Invoices for February 2014 Through May 2015 Charged Tenant Parking Only, Did Not Charge for Rent

52315/15
Judge Marina Cora Mundy

Practice Areas: Landlord/Tenant Law

Criminal Court, Kings County, Part TL-1

The People v. Dixon, 2015KN031268

Defendants' Motions for Subpoenas Of Officers' Personnel Records Denied

2015KN031268
Judge Laura Johnson

Practice Areas: Civil Rights, Civil Procedure, Criminal Law

Supreme Court, Kings County, IAS Term, Part 5T

Shaw X. v. Jingdong X

Husband's Motion to Set Aside Divorce Held In Abeyance Pending Evidentiary Hearing

[Index Number Redacted by Court]
Justice Delores Thomas

Practice Areas: Family Law

Supreme Court, Bronx County, Criminal Term, Part 16

The People v. Bond, 4505-2007

Prosecutors Barred From Relying on 2000 Conviction in Adjudicating Defendant SVFO

4505-2007
Justice Richard Lee Price

Practice Areas: Criminal Law

Surrogate's Court, New York County

Matter of Koeppel, 1996-4098/A

Firms Fail to Show Final Value of Remainder To Client From Settlement, Are Issues for Trial

1996-4098/A
Surrogate Rita Mella

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 10

Hines v. City of N.Y., 151542-2012

Defendants' Conduct Did not Rise to Level Intentional Wrongdoing, Dismissal Granted

151542-2012
Justice George Silver

Practice Areas: Torts

Supreme Court, New York County, Part 32

McMahon v. N.Y. Organ Donor Network, Inc., 156669/12

Ex-Employee's Document Request to Employer For Personnel Records Found Reasonable

156669/12
Justice Arlene Bluth

Practice Areas: Labor and Employment, Civil Procedure

Appellate Term, First Judicial Department

Acupuncture Solutions PC a/a/o Nunez, G. v. Praetorian Ins. Co

570156/16. Acupuncture Solutions PC a/a/o Nunez, G. v. Praetorian Ins. Co

570156/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Verdieu, Dominique v. Mahadeo, Hardy

571078/15. Verdieu, Dominique v. Mahadeo, Hardy

571078/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Royal Charter Properties Inc., v. Washington, Natalie A.

570197/16. Royal Charter Properties Inc., v. Washington, Natalie A.

570197/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Shiho Tanaka & Central Point LLC v. Lake, Gemini Ex-parte applications are declined

570219/16. Shiho Tanaka & Central Point LLC v. Lake, Gemini Ex-parte applications are declined.

570219/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Azuly, Ahron v. Maslavi, Dezire

570203/16. Azuly, Ahron v. Maslavi, Dezire

570203/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

529 West 29th LLC v. Makha, Yolande

570177/16. 529 West 29th LLC v. Makha, Yolande

570177/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Gema Hall HDFC v. Burroughs, Teresa Ex-parte applications are declined

570216/16. Gema Hall HDFC v. Burroughs, Teresa Ex-parte applications are declined.

570216/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Citibank (South Dakota) v. Legendre, Adriana M. Ex-parte applications are declined

570217/16. Citibank (South Dakota) v. Legendre, Adriana M. Ex-parte applications are declined.

570217/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Skeete, Stanley v. Bah, Rafael Ex-parte applications are declined

570903/15. Skeete, Stanley v. Bah, Rafael Ex-parte applications are declined.

570903/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

246 West 38 Holding LLC v. Tufamerica, Inc., et al.

570183/16. 246 West 38 Holding LLC v. Tufamerica, Inc., et al.,

570183/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Acupuncture Approach PC a/a/o Shaddi, J. v. NY Central Mut Fire Ins. Co.

570195/16. Acupuncture Approach PC a/a/o Shaddi, J. v. NY Central Mut Fire Ins. Co.

570195/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

V.S. Care Acupuncture a/a/o Carr, D. v. MVAIC

570155/16. V.S. Care Acupuncture a/a/o Carr, D. v. MVAIC

570155/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

2655 Realty LLC v. John Doe & Jane Doe Ex-parte applications are declined

570215/16. 2655 Realty LLC v. John Doe & Jane Doe Ex-parte applications are declined.

570215/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Dec-Hull 209 Realty LLC v. Green, Derwayne & Evelyn Ex-parte applications are declined

570218/16. Dec-Hull 209 Realty LLC v. Green, Derwayne & Evelyn Ex-parte applications are declined.

570218/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Azure Acupuncture PC a/a/o Hamilton, M. v. ELRAC

570193/16. Azure Acupuncture PC a/a/o Hamilton, M. v. ELRAC

570193/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

BRG 321 LLC v. Hirschorn, Leslie

570103/16. In the Matter of BRG 321 LLC v. Hirschorn, Leslie

570103/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

217 East 88th Street, et al., v. Valdes-Williams, Elaine et al.

570140/16. 217 East 88th Street, et al., v. Valdes-Williams, Elaine et al.,

570140/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Urban Well Acupuncture PC a/a/o Espinal, A. v. Nationwide

570031/16. Urban Well Acupuncture PC a/a/o Espinal, A. v. Nationwide

570031/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Supreme Court, New York County, Part 54

Gottwald v. Sebert, 653118/2014

Kesha's Assault, Bias Claims Against Manager Dismissed

653118/2014
Justice Shirley Werner Kornreich

Practice Areas: Contracts, Breach, Torts, Intentional Torts, Tortious Interference with Contract

Supreme Court, Suffolk County, Trial Term, Part 44

Clemente Bros. Contracting Corp. v. Milazzo, 21385-10

Court Declines to Dismiss Negligence Claim Against Capital One Under Contract Law, UCC

21385-10
Justice Elizabeth Emerson

Practice Areas: Business Entities, Contracts, Legal Profession, Attorney Fee Recovery

Supreme Court, Nassau County

Greenberg v. Woodbury Financial Services, Inc., 603552/15

Court Concludes Plaintiff Fails to Meet Criteria Of CPLR 5015 To Warrant Vacatur of Default

603552/15
Justice Julianne Capetola

Practice Areas: Contracts, Civil Procedure, Labor and Employment

Civil Court, Queens County, Small Claims Part

Spano v. Gold Buyers Club, 2501/2015

Claimant Awarded for Failure to Return Property Paid Claim, But Contract Breach Fails

2501/2015
Arbitrator Dale Frederick

Practice Areas: Contracts, Personal Property, Torts

Civil Court, Kings County, Part 75

Nieto v. Deveau, 300240/11

Plaintiff's Bill of Particulars as Amendment, Not Supplement, Required Leave of Court

300240/11
Judge Richard Montelione

Practice Areas: Civil Procedure, Torts

Supreme Court, Kings County, IAS Term, Part 52

Adelphi Academy of Brooklyn v. Tabel, 185/2003

Default Judgment Against Parent Vacated As Invalid, Collection Activities Ordered Ceased

185/2003
Justice Francois Rivera

Practice Areas: Contracts, Civil Procedure, Creditors