Decisions

State Court Decisions

Appellate Division, Second Department

The People of the State of New York, Respondent v. Tyson Sydoriak, Appellant, 1465/09

Panel Reiterates Rules for Answering Jury Notes

Practice Areas: Criminal Law , Appellate Law - Criminal

Appellate Division, First Department

William C. Rose, Plaintiff-Appellant v. New York City Health and Hospitals Corporation, Defendant-Respondent, 102533/12; 12017

Part of Whistleblower Suit Survives Late Notice of Claim

Practice Areas: Appellate Law - Civil , Labor and Employment , Hiring/Firing

Appellate Division, Second Department

The People of the State of New York, Respondent v. Shane Morris, Appellant, 2912/08

Panel Reiterates Rules for Answering Jury Notes

Practice Areas: Criminal Law , Appellate Law - Criminal

Criminal Court, Kings County AP-5

The People of the State of New York, Plaintiff v. David Branch, Defendant, 2014KN003357

Failure to Show Defendant Knew of License Suspension Grants Dismissal of VTL §511(1)(a)

Practice Areas: Criminal Law

Supreme Court, Kings County, Criminal Term Part Mismo

The People of the State of New York, Plaintiff v. Tomas Ordonez Xirum, Defendant, 2014CK002088

DHS Detainer Provides DOCs Probable Cause To Hold Defendant 48 Hours After Case Ends

Practice Areas: Criminal Law

Supreme Court, Bronx County, Criminal Division, Part AP4

The People of the State of New York, Plaintiff v. Lamont Anthony, Defendant, 2014BX018153

Complaint Alleging Animal Cruelty Sufficient To Support Charges; ASPCA Granted Hearing

Practice Areas: Criminal Law

Civil Court, New York County, Housing Part R

300 East 85th Housing Corp., Petitioner/Landlord v. Howard Dropkin and Frieda Dropkin, Respondents/Tenants, 84231/2013

Court Finds Voluntary Payment Doctrine Inapplicable; Landlord Fails to Prove Case

Practice Areas: Landlord/Tenant Law , Contracts

Supreme Court, New York County, Part 24

J.R., Plaintiff v. E.M., Defendant, 301738/2013

Court Rules NY Law Applies to Matrimonial Property Agreement, Finds It Unenforceable

Practice Areas: Family Law

Appellate Division, Third Department

Oorah, Inc., Appellant v. Town of Jefferson et al., Respondents, et al., Respondents (And Another Related Proceeding.), 517646

Court Erred in Finding Properties Not Entitled To Tax Exemptions; Judgments Reversed

Practice Areas: Taxation , Residential and Commercial Real Estate

Supreme Court, New York County, Part 42

Rogan LLC and Arthur Ryan, Plaintiff v. YHD Bowery Commercial Unit LLC, Defendant, 651168/13

Lease terms cannot be read to require commercial tenant's payment of any portion of condominium conversion's "Facade Restoration Capital Improvement Assessment"

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate , Contracts , Interpretation

Appellate Division, Third Department

Mohonk Preserve, Inc., Respondent v. Christopher E. Ullrich et al., Appellants, 517707

Plaintiff Nonprofit's Survey Controlled as to Disputed Boundary Lines; Despite Deeds Stretching to 1700s Disputed Boundary Lines Not Conclusively Established; Court Erred in Awarding Nonprofit Damages Under RPAPL 861 for Trees Cut Down in 2005

Practice Areas: Torts , Intentional Torts , Trespass , Energy and Natural Resources

Appellate Division, Third Department

In the Matter of Protect The Adirondacks! Inc., et al., Petitioners-Appellants v. Adirondack Park Agency et al., Respondents-Respondents, 516901

Challenges to Adirondack Park Agency's approval of proposed Adirondack Club and Resort project deemed to be without merit;

Practice Areas: Administrative Law , Land Use and Planning

Appellate Division, Third Department

In the Matter of the Claim of Anthony Nicpon, Respondent v. Zelasko Construction, Inc., et al., Respondents and Special Fund for Reopened Cases, Appellant Workers' Compensation Board, Respondent, 517023

Because Settlement Disposed of Employer's Duty to Pay Future Indemnity Benefits in Exchange for Claimant's Retention of Lump-Sum Payment From Third-Party Action, Workers' Compensation Law §25-a Shifted Liability for Future Medical benefits to Special Fund for Reopened Cases

Practice Areas: Social Services Law , Workers’ Compensation

New York State, Court of Appeals

In the Matter of Elaine D. Ward, Respondent, v. City of New York, et al., Appellant., No. 212 SSM 16

Reversed with costs and petition dismissed in its entirety, as court cannot say that the penalty of revoking petitioner's Master Plumber's license shocks the judicial conscience.

Practice Areas: Administrative Law

New York State, Court of Appeals

Walter R. Beardslee, &c., et al., Respondent, v. Inflection Energy, LLC, 
et al., Appellant., No. 213

Certification of questions by the Unites States Court of Appeals for the Second Circuit, pursuant to section 500.27 of this Court's Rules of Practice, accepted and issues presented are to be considered after briefing and argument.

Practice Areas: Appellate Law - Civil , Civil Procedure

Supreme Court, Albany County

In the Matter of the Application of Leadingage New York, Inc.

Challenge to Healthcare Executive Salary Funding Regulations Can Proceed

Practice Areas: Health Law , Administrative Law

Criminal Court, New York County

The People of the State of New York, Plaintiff v. Larkin Ellis, Defendant, 2014NY054163

Judge Denies Request to Apply Harassment Ruling Retroactively

Practice Areas: Criminal Law

Supreme Court, Suffolk County, I.A.S. Term, Part 47

Daniel Budesheim, Petitioner v. Southampton Town Police Department, Town of Southampton and Suffolk County, New York, Respondents, 14419/2014

TRO of Local Sex Offender Law Continues Pending Court of Appeals Determination

Practice Areas: Criminal Law

Supreme Court, Nassau County, Trial/IAS Part 3

Lombard North Central PLC, Plaintiff-Judgment Creditor v. Jemal P. Johnson, Defendant-Judgment Debtor, 601339/14

Plaintiff Granted Motion for Entry of UK Judgment Against Defendant in New York

Practice Areas: Civil Procedure , Contracts

Civil Court, Queens County, Part 102

Chackochen Joseph, Plaintiff v. Sumitomo Mitsui Trust Bank, Defendant, 024841/12

Executive Employee Not Protected by Labor Law, Not Entitled to Vacation Pay Upon Firing

Practice Areas: Labor and Employment

Criminal Court, Kings County, AP-5

The People of the State of New York, Plaintiff v. Stanley Mothersil, Defendant, 2001KN053305

Neither 'Padilla' Nor 'Peque' Have Retroactive Effect if Matter No Longer on Direct Review

Practice Areas: Criminal Law

Surrogate's Court, Bronx County

Estate of Julia Torres, Deceased, 2013-1297

Jurisdiction Must Be Obtained Over Sibling Within 60 Days or TRO Vacated, Petition Denied

Practice Areas: Trusts and Estates

Criminal Court, Kings County, Part Trial-1

The People of the State of New York, Plaintiff v. Yona Weissman, Defendant, 2012KN002159

Judge Suppresses Images Found in Cellphone Search

Practice Areas: Criminal Law , Evidence

Appellate Division, Second Department

David Katz, Appellant v. Town of Clarkstown, New York, et al., Respondents, 35560/12

Town Not Liable for Tossing Cop's Belongings, Panel Says

Practice Areas: Torts , Liability

Supreme Court, Kings County, IAS Term, Com 1

Michael Ricatto, Plaintiff v. Frank Almona, Thomas Almona and Advance Fleet Maintenance, Inc., Defendant(s), 15799/11

Factual Issues Preclude Partner's Motion For Summary Judgment Dismissal of Complaint

Practice Areas: Business Entities , Contracts

Supreme Court, New York County, IAS Part 21

In the Matter of the Article 78 Application of Stefanie Barad, Petitioner v. Pace University, Respondent, 100047/2014

University Denied Petition to Dismiss Student's Suit As Time-Barred

Practice Areas: Civil Procedure , Education Law , Civil Rights

Supreme Court, New York County, Part 54

Robyn Asimov and Janet Asimov, as Co-Executors of The Estate of Isaac Asimov, Plaintiffs v. Trident Media Group, LLC and Robert Gottlieb, Defendants, 654129/2013

Court Declines to Address Applicability Of GOL §5-903; No Justiciable Controversy

Practice Areas: Contracts

Appellate Division, Third Department

In the Matter of the Foreclosure of Tax Liens by County of Ulster. County of Ulster, Respondent v. ERED Enterprises, Inc., Appellant, 518062

Calculation Method 'Wholly Unreasonable' Likely Caused Excessive Redemption Amount

Practice Areas: Taxation , Residential and Commercial Real Estate

Appellate Division, First Department

The People of the State of New York, Respondent v. Jamal Chamlee, also known as Jamal Chanlee, Defendant-Appellant, 5801/11

Case Remanded for Hearing on Warrantless Entry

Practice Areas: Criminal Law , Appellate Law - Criminal

Appellate Division, First Department

The People of the State of New York, Respondent v. Neal McLeod, Defendant-Appellant, 3173/09; 12201

Panel Orders New Trial After Restriction on Cross Examination

Practice Areas: Criminal Law , Appellate Law - Criminal , Constitutional Law

Supreme Court, Suffolk County, I.A.S. Term, Part 47

Daniel Budesheim, Petitioner v. Southampton Town Police Department, Town of Southampton and Suffolk County, New York, Respondents, 14419/2014

Suffolk Sex Offender Law Put oqn Hold Pending Appeal

Practice Areas: Criminal Law

Supreme Court, Clinton County

Penny Seymour, Individually and as Parent and Natural Guardian of Alex Seymour, an Infant, Plaintiff v. Northeastern Clinton Central School District, Defendant, 2012-1170

School District Granted Summary Judgment In Minor's Negligence, Personal Injury Action

Practice Areas: Torts

Supreme Court, Kings County, IAS Term, Part 52

Denzil Daley and Caroline Daley, Plaintiff v. 250 Park Avenue, LLC, Anheuser-Busch, Inc. d/b/a Budweiser and Nucor Construction Corporation, Defendants, 31894/09

Tenant's Indemnification Obligation Triggered in Personal Injury Suit by Worker

Practice Areas: Insurance Law , Contracts

Civil Court, Kings County, Part P

Linette Cooper, Petitioner v. Back on Track Group, Inc. Respondent, 16348/14

'Three-Quarter House' Occupant Granted Restoration to Possession of Bed in Premises

Practice Areas: Landlord/Tenant Law

Appellate Division, Third Department

In the Matter of Atlantic States Legal Foundation, Inc., Appellant v. New York State Department of Environmental Conservation, Respondent, et al., Respondents, 517388

Erroneous Advice Does Not Implicate Exception; Equitable Estoppel Not Invoked Against DEC

Practice Areas: Administrative Law , Civil Procedure , Land Use and Planning

Court of Claims, New York County

Shirley Jackson, as Administratrix of the Estate of Carl Jackson, Deceased, and Shirley Jackson, Individually, Plaintiffs v. The State of New York, Defendants, 2014-030-009

Claimant Fails to Show Defendant's Negligence Proximate Cause of Decedent's Death

Practice Areas: Torts , Medical Malpractice

Surrogate's Court, Bronx County

ESTATE OF JAVIER INES FLORES

ORDER SIGNED: ESTATE OF JAVIER INES FLORES (14/1520); Angelena Cornish (13/2429/A); Albert Sausto (13/2709); Alfonso Ragland (13/2066); Gloria Purvis (497A05).

Surrogate's Court, New York County

ESTATE OF LUCILLE GAYNES

ORDER SIGNED: ESTATE OF LUCILLE GAYNES (89/1897/A); Fu Ci Feng (11/1456/A).

Surrogate's Court, New York County

ESTATE OF KATHLEEN ANN WARWICK

ORDER SIGNED: ESTATE OF KATHLEEN ANN WARWICK (10/3300/D); Gloria Gellman (12/3723/A).

Surrogate's Court, Richmond County

ESTATE OF ANTHONY RICHARD MEROLA, Deceased

ESTATE OF ANTHONY RICHARD MEROLA, Deceased. (14/465) Petitioner seeks to admit to probate a testamentary instrument, dated June 2, 1997, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.

Surrogate's Court, New York County

ESTATE OF FRIEDRICH KARL LUTZ, Deceased

ESTATE OF FRIEDRICH KARL LUTZ, Deceased, (11/3928/C);

Surrogate's Court, New York County

ESTATE OF WINSTON S SHYATT

ORDER SIGNED: ESTATE OF WINSTON S SHYATT (14/703); Judith Steier (14/2427/A); Sandra Branch (13/2385)(2); Patricia Gill (14/3022/A); Carol Arlyn Pieper (14/3159); Makey Flowers (14/2502).

Surrogate's Court, Richmond County

ESTATE OF MALCOLM LEBOWITZ, Deceased

ESTATE OF MALCOLM LEBOWITZ, Deceased. (09/298/N) — This is an application to compromise a wrongful death/personal injury cause of action against defendants in a multiple defendant lawsuit brought on behalf of decedent's estate.

Surrogate's Court, Richmond County

ESTATE OF VITA VAUGHAN, Deceased

ESTATE OF VITA VAUGHAN, Deceased. (14/721) — In this pending proceeding, Letters of Administration were issued by Kings County Surrogate's Court to the petitioner, Julia Vaughan, on May 23, 2012. By Order of Hon. Diana A. Johnson, Surrogate, Kings County Surrogate's Court, the Letters of Administration heretofore issued herein were vacated, and the administration petition was transferred to the Surrogate's Court of Richmond County, the county of decedent's domicile.

Surrogate's Court, New York County

ESTATE OF TINA ADELAIDA NEGRON

DECREE SIGNED: ESTATE OF TINA ADELAIDA NEGRON (09/2200/A).

Surrogate's Court, New York County

ESTATE OF TINA ADELAIDA NEGRON, Deceased

ESTATE OF TINA ADELAIDA NEGRON, Deceased (09/2200/A) — The proposed compromise of causes of action for decedent's conscious pain and suffering and wrongful death is approved. The proceeds are allocated 100 percent to the cause of action for conscious pain and suffering.

Surrogate's Court, Richmond County

SANTO LOFARO

DECREES SIGNED: MATTER OF SANTO LOFARO; Robert Maffettone; Milton Meroa; Aurora Mirando; Roy Henry Mosher; Michael J. Murphy; Richard Piccininni; Duane Picciurro; Trudy Oakford; Jeannette Racano; Vita Rehberg; Rachel Reiss; Richard t. Sheppard; & Elaine Shields.

Surrogate's Court, New York County

ESTATE OF FRIEDRICH KARL LUTZ, Deceased

ESTATE OF FRIEDRICH KARL LUTZ, Deceased. (11/3928/A/B);

Surrogate's Court, Richmond County

ESTATE OF JOSEPH A. CAVITOLO, Deceased

ESTATE OF JOSEPH A. CAVITOLO, Deceased. (14/426) — Ashley Cavitolo, the Petitioner herein, seeks the issuance of Limited and Restricted Letters of Administration. After reviewing the petition and the documents attached thereto, that petition is granted.

Surrogate's Court, Richmond County

GIUSEPPE EMMANUELE

ORDERS SIGNED: MATTR OF GIUSEPPE EMMANUELE; Fred Magri; Zernobia L. Wladarczyk; Gloria Hanley; & Edward G. Cerullo, Jr.

Surrogate's Court, Richmond County

GUARDIANSHIPS SIGNED: AZURE Z. CAYENNE

GUARDIANSHIPS SIGNED: AZURE Z. CAYENNE; Carol Evans; Olivia A. McKenna; Elizabeth Ostrovsky; Michael J. Pepe; 7 Jacklyn M.C. Pepe.

Surrogate's Court, Richmond County

ESTATE OF ERNESTO COLON, Deceased

ESTATE OF ERNESTO COLON, Deceased. (12/519/A) — This is a proceeding for the judicial settlement of the account of the Administrator of this estate. The Guardian ad Litem, appointed on behalf of an incapacitated distributee has filed his report wherein he consents to the judicial settlement of the Administrator's account. The fee of the Guardian ad Litem is fixed in the amount of $2,950.00 and shall be paid as an administration expense within thirty days of the date of this decision.

Surrogate's Court, New York County

ESTATE OF SOPHIE WAGENSTEIN, Deceased

ESTATE OF SOPHIE WAGENSTEIN, Deceased (05/3960);

Surrogate's Court, New York County

PETER WAGENSTEIN, AS TRUSTEE, plf, v. ELLEN SHWARTS, AS TRUSTEE AND AS VOLUNTARY ADMINISTRATOR OF THE ESTATE OF SOPHIE WAGENSTEIN, def. AND ELLEN SHWARTS, INDIVIDUALLY, third-party plf, v. PETER WAGENSTEIN, INDIVIDUALLY, Third-Party def.

PETER WAGENSTEIN, AS TRUSTEE, plf, v. ELLEN SHWARTS, AS TRUSTEE AND AS VOLUNTARY ADMINISTRATOR OF THE ESTATE OF SOPHIE WAGENSTEIN, def. AND ELLEN SHWARTS, INDIVIDUALLY, third-party plf, v. PETER WAGENSTEIN, INDIVIDUALLY, Third-Party def. (05/116105) — After conferences with the court, the above-captioned proceedings in the estate of Sophie Wagenstein have been discontinued with prejudice pursuant to a stipulation dated July 16, 2014.

Surrogate's Court, Richmond County

ESTATE OF ROBERT GRAHAM, A/K/A ROBERT J. GRAHAM, A/K/A BOB GRAHAM, Deceased

ESTATE OF ROBERT GRAHAM, A/K/A ROBERT J. GRAHAM, A/K/A BOB GRAHAM, Deceased. (13/1120/A) — Ian Swartz seeks Letters of Temporary Administration in the within estate because there will be a delay in the issuance of Letters of Administration. A determination of paternity must be made before full letters are issued. However, steps must be taken now to safeguard decedent's real property.

Surrogate's Court, Richmond County

ESTATE OF WILLIAM HAGICOSTAS, Deceased

ESTATE OF WILLIAM HAGICOSTAS, Deceased. (14/560) — This is a proceeding for the Ancillary Probate of a Will of decedent, dated November 11, 2001, which has been granted probate in the State of New Jersey, the state of decedent's domicile, and said Will has not been contested thereat.

Surrogate's Court, New York County

ESTATE OF BETTY PETERSON

DECREE SIGNED: ESTATE OF BETTY PETERSON (13/1164/B).

Surrogate's Court, New York County

ESTATE OF SIDNEY COOPER

DECREE SIGNED: ESTATE OF SIDNEY COOPER (14/2912).

Surrogate's Court, Richmond County

ESTATE OF ARTURO CUAUTLE, Deceased

ESTATE OF ARTURO CUAUTLE, Deceased. (10/1243/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on January 10, 2011, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of the decedent.

Surrogate's Court, New York County

GUARDIANSHIP OF SONNY SHUN HING LAM

DECREE SIGNED: GUARDIANSHIP OF SONNY SHUN HING LAM (14/2310); Richard Lewis Jr. (13/2175); Omari Nkosi Buchanan (13/3782); Fannie Beltran (99/1683/A).

Surrogate's Court, Richmond County

ESTATE OF GIUSEPPE EMMANUELE, Deceased

ESTATE OF GIUSEPPE EMMANUELE, Deceased. (14/616) — In this probate proceeding, it appears that Marisa Carmela Emmanuele, an Infant, is a necessary party, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, New York County

ESTATE OF MOESHA DE ROSETTE RIVAS

ORDER SIGNED: ESTATE OF MOESHA DE ROSETTE RIVAS (04/1678.1); Nava Rose Blyakher (06/3776); Moises Norberto Rivas (04/1679.1); Oscar Thomas Tubke Davidson (10/2137).

Surrogate's Court, New York County

ESTATE OF SALOME HEMANS

DECREE SIGNED: ESTATE OF SALOME HEMANS (07/3625/A).

Surrogate's Court, New York County

ESTATE OF LAUREN BACALL

DECREE SIGNED: ESTATE OF LAUREN BACALL (14/3195); Barbara F Goodman (06/2447/A); Leonard Dobbs (14/536/B); Nina W Werblow (77/1545/B); Leonard Dobbs (14/536/C); Nina W Werblow (77/1545/A); Sandra Shaktman (14/3131/B).

Surrogate's Court, New York County

ESTATE OF MALVINA ROBERTS

DECREE SIGNED: ESTATE OF MALVINA ROBERTS (14/1966/C).

Surrogate's Court, New York County

ESTATE OF FRIEDRICH KARL LUTZ, Deceased

ESTATE OF FRIEDRICH KARL LUTZ, Deceased, (11/3928/D) — On August 20, 2014, the return date of these petitions, the court granted the petition to compel Respondent John J. Lynch to account for his proceedings as executor of the estate of Friedrich Karl Lutz (File No. 2011-3928/D). Mr. Lynch is ordered to file his account, petition for its judicial settlement, and any other submissions required to obtain the issuance of a citation in that accounting proceeding within 60 days of the date that this Decision and Order is served upon him, with notice of entry. Respondent shall then cause citation to be issued and complete service to be made without undue delay, on all persons interested in the accounting proceeding pursuant to SCPA §2210.

Surrogate's Court, New York County

WILL SOPHIE WAGENSTEIN, Deceased

WILL SOPHIE WAGENSTEIN, Deceased;

Surrogate's Court, New York County

JOHN GAYNES, plf, v. MELVIN SCHREIBER, et al., def

JOHN GAYNES, plf, v. MELVIN SCHREIBER, et al., def (13/155546); (1989/1897/A) — At the call of the calendar of this action, transferred from Supreme Court (New York County), for breach of fiduciary duty and seeking an accounting by the executor of the estate of Lucille Gaynes, the court dismissed the complaint, without prejudice, on the ground of the plaintiff's lack of standing. Order signed.

Surrogate's Court, New York County

ESTATE OF MARGARET PIZER

ORDER SIGNED: ESTATE OF MARGARET PIZER (14/2099).

Surrogate's Court, Bronx County

ESTATE OF ANNA JEANETTE JONAS

ORDER SIGNED: ESTATE OF ANNA JEANETTE JONAS (08/1470); Tristan James Ronald (06/195G/A); Brittany Amber Luisi (04/115G); David Joshua Romero (05/180G); Troy Omar Wells (13/977); Natalie Shantell Whyte (00/107G); Darryn Omari Wells (13/976); Imani Synthia McPherson (06/215G/A); Domonique Lexus Lindsay (04/187G/A); Demi Romero (05/179G/A); Janiece Brown (09/1661); Samantha Angelique Torres (13/740); Katherine Elizabeth Shannon (10/1698/A); Brandon Jamal Gidron (03/177G/A).

Surrogate's Court, Bronx County

ESTATE OF NATIVIDAD PEREZ, Deceased

ESTATE OF NATIVIDAD PEREZ, Deceased (10/1251/A) — The administrator, the mother of decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that she may distribute the net proceeds of causes of action from her attorney's escrow account settled in the Supreme Court, Bronx County (McKeon, J.). The supreme court order, inter alia, awarded counsel fees and disbursements and directed the payment of liens asserted by the Department of Social Services/HRA and Centers for Medicare and Medicaid Services.

Surrogate's Court, Bronx County

ESTATE OF AUDREY CHUNG

DECREE SIGNED: ESTATE OF AUDREY CHUNG (13/2648); Noel R Cork (12/799/A); Willeta Richardson (13/1894); Robert Feeney Sr (13/2599); Diomedes Domingo Nunez (13/179); Wayne Brown (13/1093/A); Mary Elder (14/751/A); Andrew Mattox (14/1491); Pedro Espada (13/1399); Victor M Mojica (14/837); Martha Susana Tibillin Guamug (14/1490); Sergio Romero (13/966); Esperanza Garcia (14/1122); George Benjamin (14/791); John Guadalupe (14/1589); Lilouti Ram (14/1447); Harry Concepcion (13/1589); Narin Ramsawak (14/877).

Surrogate's Court, Bronx County

ESTATE OF GIUSEPPE LIOTTA

ORDER SIGNED: ESTATE OF GIUSEPPE LIOTTA (14/1557); Fannie Ladosha Enoch (14/1522); Princess Gayle (14/1591); Catherine Rentas (13/2848/A); Helen M Kennett (13/1431/A); William J Armstrong (14/1529); Stella Gordon Meierfeld (13/543); Frank Regina (14/1475); Renssalaer Lee (14/1594).

Surrogate's Court, Bronx County

ESTATE OF RUBEN CARABALLO

ORDER SIGNED: ESTATE OF RUBEN CARABALLO (07/282A/A).

Appellate Term, First Judicial Department

FM UNITED, LLC v. DULE-WOLLIN, JENNIFER & WOLLIN, LONNIE

FM UNITED, LLC v. DULE-WOLLIN, JENNIFER & WOLLIN, LONNIE — It is Ordered that tenants-appellants' motion is denied.

Surrogate's Court, Bronx County

ESTATE OF GENA VIRGINIA HUDDLESON

ORDER SIGNED: ESTATE OF GENA VIRGINIA HUDDLESON (10/263/B); Girinauth Persaud Pasram (09/132/A).

Surrogate's Court, Bronx County

ESTATE OF KEON NEDD, Deceased

ESTATE OF KEON NEDD, Deceased (10/2910/A) — This is an application by the administrator, the decedent's mother, to compromise and to judicially account for a cause of action arising from the decedent's death and a no-fault death benefit.

Surrogate's Court, Bronx County

ESTATE OF MICHAEL AGLIRA, Deceased

ESTATE OF MICHAEL AGLIRA, Deceased (13/1103; 13/1103/A-B) — In these proceedings filed by two alleged brothers of the decedent seeking, inter alia, to revoke the letters of administration issued to the decedent's sister and to change the beneficiary designation in her favor for an annuity policy issued for the decedent's benefit, after a conference with a member of the court's Law Department, the parties and the attorney for the successor annuity payer entered into two written stipulations that were "so-ordered" by the court providing, inter alia, that: (1) separate counsel for the sister and the brothers were to file a petition to appoint themselves co-administrators d.b.n. and the letters issued to the sister would be revoked thereupon; (2) certain interim distributions would be paid to the sister and the brothers in equal amounts upon the appointment of the co-administrators d.b.n. that were to be deducted from their respective distributive shares; and, (3) the successor annuity payer would continue to hold all payments and distributions presently payable to the sister until the final order of the court or another court of competent jurisdiction.

Surrogate's Court, Bronx County

GUARDIANSHIP OF JULISSA N. G.-N., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JULISSA N. G.-N., AN ALLEGED MENTALLY RETARDED PERSON (13/2430) — 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 and property of the respondent, an alleged mentally retarded person.

Surrogate's Court, Bronx County

ESTATE OF MICHAEL PATRICK ST MARK

ORDER SIGNED: ESTATE OF MICHAEL PATRICK ST MARK (13/2884/A); Aurea Cruz Faulk (07/269/B).

Surrogate's Court, Bronx County

ESTATE OF RIZWANA BHATTI, ALSO KNOWN AS RIZWANA K. BHATTI, Deceased

ESTATE OF RIZWANA BHATTI, ALSO KNOWN AS RIZWANA K. BHATTI, Deceased (11/75/A) — The administrator, the decedent's brother, seeks to lift the restrictions contained in his limited letters of administration so that he judicially account for the proceeds of a personal injury cause of action settled in Supreme Court, Bronx County (Walker, J.) as well as a no-fault death benefit. The Supreme Court order directed payment of attorney fees and disbursements.

Appellate Term, First Judicial Department

MALCOLM X APARTMENTS, INC., v. BROWN-ALLEN, CYNTHIA

MALCOLM X APARTMENTS, INC., v. BROWN-ALLEN, CYNTHIA — It is Ordered that tenant-appellant's motion is denied. This case has been calendared for the October 2014 term.

Surrogate's Court, Bronx County

ESTATE OF KATHLEEN BIBLE, Deceased

ESTATE OF KATHLEEN BIBLE, Deceased (07/120P) — This is an application seeking to have a photocopy of the decedent's purported will dated October 3, 1996 admitted to probate as a lost will. The decedent died on March 24, 2005, at the age of 91. She never married or had issue. After jurisdiction was complete, the court appointed a guardian ad litem for unknown distributees who has filed a report raising certain issues.

Surrogate's Court, Bronx County

ESTATE OF ROSALINA MARRERO

DECREE SIGNED: ESTATE OF ROSALINA MARRERO (09/876/A); Charles O Afriyie (11/1406/A); Abraham De Leon Gonzalez (12/2289/B); Raynelis Arias Mateo (10/2150/A); Juan Hernandez (10/46/A); James Normanly (12/2662/A); Hattie Hayes (04/680A/A).

Appellate Term, First Judicial Department

BRG GODWIN, LLC v. MEJIA, RAMON

BRG GODWIN, LLC v. MEJIA, RAMON — It is Ordered that landlordrespondent's motion is denied.

Appellate Term, First Judicial Department

GULLIVER, EARL v. POLEN, DENINE

GULLIVER, EARL v. POLEN, DENINE — It is Ordered that respondentappellant's motion is granted, only to the extent of staying enforcement of the final judgment and warrant of eviction, on condition that respondentappellant perfects her appeal by no later than the December 2014 term-the filing deadline is October 7, 2014. In the event of respondent-appellant's failure to comply with the foregoing condition, petitioner-respondent may move, on five days' notice, for an order vacating the stay and dismissing the appeal.

Surrogate's Court, Bronx County

ESTATE OF WILLIE ADAMS, Deceased

ESTATE OF WILLIE ADAMS, Deceased (12/848/A) — In this proceeding by the proponent, one of the decedent's sons, to probate an instrument dated August 11, 2011, jurisdiction was obtained over all necessary parties, and objections were filed by two daughters. In addition to the proponent and the daughters who are the only beneficiaries under the instrument, the decedent's remaining distributees are a spouse and another son. Accordingly, there are no parties who need to be served with SCPA 1411 citation. After a conference with a member of the court's law department, the parties entered into a written stipulation dated April 29, 2014 which was "so-ordered" by the court pursuant to which, inter alia, the daughters withdrew their objections subject to the terms of the stipulation.

Surrogate's Court, Bronx County

GUARDIANSHIP OF DARIEN J ANDERSON

DECREE SIGNED: GUARDIANSHIP OF DARIEN J ANDERSON (13/2780).

Appellate Term, First Judicial Department

53-63 PARTNERS L.P. v. CHARLES, CAMELLE & VERNON; DRYDEN HOTEL ASSOCIATES v. PYRONNEAU, ROBERT

53-63 PARTNERS L.P. v. CHARLES, CAMELLE & VERNON; DRYDEN HOTEL ASSOCIATES v. PYRONNEAU, ROBERT — Ex-parte applications are declined.

Surrogate's Court, Bronx County

ESTATE OF FRANCES MALIN ORNSTEIN

DECREE SIGNED: ESTATE OF FRANCES MALIN ORNSTEIN (14/1531); Theresa Politi (14/1120); Kathleen Harrington (14/1432); Muriel Freeman (14/763); Stella A Nesbitt (13/879/A); Patricia A Henn (14/536/B); Walter L Armstrong (14/1026); Benjamin Goldman (14/1558); Edna Holloman (14/1597); Mary Anne Kelly (14/940); Olive Burke (14/1445).

Surrogate's Court, Bronx County

ESTATE OF MARIELA JIMINIAN, Deceased

ESTATE OF MARIELA JIMINIAN, Deceased (07/259A and 05/340S/A) — The administrator, the decedent's spouse, seeks to lift the restrictions contained in his limited letters of administration so that he may distribute the remaining proceeds of causes of action from her attorney's escrow account settled in the Supreme Court, Bronx County (Green, J.). The supreme court order, inter alia, awarded counsel fees and disbursements and directed the payment of liens asserted by the Department of Social Services/HRA.

Appellate Division, Second Department

In the Matter of State of New York, Appellant v. Claude McC. (Anonymous), Respondent, 38/11

The state may initiate civil management proceedings against a sex offender who, while on supervised release, committed a non-sex crime, a state appeals panel has held.

Practice Areas: Appellate Law - Civil

Appellate Division, First Department

In re Robert Pastalove, Petitioner-Appellant v. Raymond Kelly, etc., et al., Respondents-Respondents, 111175/11

Panel Declines Injured Officer Enhanced Disability Benefits

Practice Areas: Administrative Law , Labor and Employment , Employment Contracts