State Court Decisions

District Court, Nassau County, Civil Term

Jeffrey M. Rosenblum, P.C., Plaintiff(s) v. Linda Casano, Defendant(s), CV-005942-14

Law Firm Denied Dismissal of Four of Client's Five Counterclaims, Including Malpractice

Practice Areas: Civil Procedure , Contracts

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

Incorporated Village of Mineola, Plaintiff v. Marie Kinkela, Defendant, 005711/14

Village Demonstrates Entitlement To Administrative Search Warrant

Practice Areas: Residential and Commercial Real Estate , Administrative Law

Criminal Court, Queens County, Part AP-5

The People of the State of New York, Plaintiff v. Jeremy A. Ramos, Defendant, 2013QN036976

Prosecutors' Statements of Readiness Found Illusory, Granting Dismissal of Information

Practice Areas: Criminal Law

Civil Court, Bronx County, Part 41

J. Leung Acupuncture, P.C. a/a/o Kim Graville, Plaintiff v. Dairyland Insurance Company, Defendant, 703233/13

Insurer Granted Dismissal of No-Fault Claim; Policy Void Ab Initio for Fraud

Practice Areas: Insurance Law

Supreme Court, New York County, Commercial Division

In the Matter of the Liquidation of Jugobanka, A.D., Beograd New York Agency, a New York-Licensed Foreign Banking Agency, 400469/2012

Hearing Required to Determine Company's Priority Claim on Judgment Against Jugobanka

Practice Areas: Creditors

Village Justice Court, Nassau County

People of the State of New York, Plaintiff v. Barrington Adams, Defendant, BD8695201

Supporting Deposition Not Based on Officer's Personal Knowledge; Information Dismissed

Practice Areas: Criminal Law

District Court, Nassau County, First District, Criminal Term, Part 8

The People of the State of New York, Plaintiff v. Cynthia Tunney, Defendant, 2013NA006680

Prosecution Denied Reargument as Claims Found Meritless, Ordered to Release Documents

Practice Areas: Criminal Law , Civil Procedure

Surrogate's Court, New York County

Probate Proceeding, Will of Bert Stern, Deceased, 2013-2939

In Camera Review Ordered to Decide if Full Disclosure Would Disgrace Decedent's Memory

Practice Areas: Trusts and Estates , Civil Procedure

Supreme Court, New York County, IAS Part 45

Navillus Contracting, Plaintiff v. F.J. Sciame Construction Company, Inc., Defendant, 653429/2011

Defendant Entitled to Offset of Expenses, Legal Fees From Amount Owed to Subcontractor

Practice Areas: Contracts , Alternative Dispute Resolution

Supreme Court, New York County, Part 54

Curtis West 76 LLC, individually, and derivatively on behalf of Ilan Properties, Inc., Plaintiff v. David Benishai, Defendant, 651682/2014

Monetary Dispute Did Not Implicate An Irreparable Harm; Injunction Denied

Practice Areas: Civil Procedure , Contracts

New York State, Court of Appeals

Frank Paterno, Appellant v. Laser Spine Institute, et al., Respondents, No. 186

Medical Malpractice Suit Against Florida Surgical Practice Not Subject to Long-Arm Jurisdiction

Practice Areas: Medical Malpractice , Civil Procedure , Jurisdiction and Service of Process

New York State, Court of Appeals

Mary Veronica Santiago-Monteverde, Appellant v. John S. Pereira, &c., Respondent, No. 180

Debtor and Creditor Law 282(2) exempts a debtor-tenant's interest in a rent-stabilized lease.

Practice Areas: Bankruptcy , Landlord/Tenant Law

New York State, Court of Appeals

Kent Frezzell, Appellant v. City of New York, et al., Respondents, No. 188

Police Officer Cannot Sue Over Injuries Sustained in Car Collision With Another Officer Responding to the Same Radio Report

Practice Areas: Torts , Motor Vehicles

Appellate Division, Second Department

Errol McPherson, Appellant v. City of New York, et al., Respondents, 15036/05

Panel Orders New Damages Trial for False Arrest Claim

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

Appellate Division, Second Department

The People of the State of New York, Respondent v. Eugene Hester, Appellant, 8601/10

Conviction Stands Despite Destruction of Evidence

Practice Areas: Criminal Law , Appellate Law - Criminal

District Court, Eastern District

Leroy Peoples, Plaintiff v. Eric C. Rosenbaum & Linda S. Povman, Defendants, 14-CV-2414

Lawsuit Against Assistant DA Dismissed, Prosecutor's Work Fell Squarely Within Absolute Immunity

Practice Areas: Civil Rights

Supreme Court, Westchester County

H. S., Plaintiff v. A. S., Defendant, Caseindex_

Service of Summons With Notice of Action for Annulment Is Compliant With DRL §232

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Family Law

Supreme Court, Bronx County, Criminal Term, Part 16

The People of the State of New York, Plaintiff v. Bruce Borzon, Defendant, 3434-2013

'Refusal' Warnings Given to Defendant Were Unclear, Incomplete, Inaccurate

Practice Areas: Criminal Law

Criminal Court, New York County

The People of the State of New York, Plaintiff v. C.C.1, Defendant, 2005CN006205

Court Vacates Convictions of Defendant Who Was Victim of Sex Trafficking

Practice Areas: Criminal Law

Supreme Court, New York County, Part 54

Israel Discount Bank of New York, on its own behalf and as agent for Bank Leumi USA, Capital One, N.A., and Bank Hapoalim, B.M., Plaintiff v. Eisneramper LLP, Defendant, 651135/2014

Bank Fails to Plead Scienter in Action Alleging Accounting Firm's Negligent Audit

Practice Areas: Business Entities

Appellate Division, Fourth Department

The People of the State of New York, Respondent v. Tyrauice Fuqua, Defendant-Appellant, 887 KA 11-00970

Panel Orders New Trial in Upstate Murder Case

Practice Areas: Appellate Law - Criminal

Appellate Division, First Department

The People of the State of New York, Respondent v. Sean Thomas, Defendant-Appellant, 1463/12

Absent Jury Charge Leads Panel to Upset Conviction

Practice Areas: Criminal Law

New York State, Court of Appeals

Mary Veronica Santiago-Monteverde, Appellant v. John S. Pereira, &c., Respondent

Opinion by Judge Abdus-Salaam

Surrogate's Court, Richmond County

ESTATE OF JOSEPH PENNINO, A/K/A JOSEPH v. PENNINO, Deceased

ESTATE OF JOSEPH PENNINO, A/K/A JOSEPH v. PENNINO, Deceased (14/18) — In this Probate proceeding, it appears that Mary Pennino, surviving spouse, is an incapacitated person incapable of adequately protecting her rights, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Richmond County

ESTATE OF CHRISTOPHER PANNONE, Deceased

ESTATE OF CHRISTOPHER PANNONE, Deceased (13/1227) — In this pending proceeding, a petition for letters of administration for the limited purpose of discovering assets has been filed by Christopher Siragusa, decedent's grandson from a pre-deceased child of the decedent. A motion to dismiss that petition was filed by Linda Hannula, decedent's daughter, for failure to specify any congnizable basis for the issuance of letters pursuant to CPLR 3211(a)(1) and (7). Reply papers to the motion were submitted and oral arguments were heard by the Surrogate on September 10, 2014. Petitioner's request for letters of administration for the limited purpose of discovery is granted and the motion to dismiss said petition is denied.

Surrogate's Court, Richmond County

ESTATE OF JOHN W. PERSING, SR., A/K/A JOHN WILLIAM PERSING, Deceased

ESTATE OF JOHN W. PERSING, SR., A/K/A JOHN WILLIAM PERSING, Deceased (09/461/B) — Preliminary Letters Testamentary were issued on September 9, 2011. They have expired.

Surrogate's Court, Richmond County

ESTATE OF HOWARD WILLIAMS, Deceased

ESTATE OF HOWARD WILLIAMS, Deceased (12/321/A) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County as administrator of this estate.

Surrogate's Court, Richmond County

ESTATE OF SANTO FINOCCHIARO, Deceased

ESTATE OF SANTO FINOCCHIARO, Deceased (13/1026/B) — This pending proceeding to Compel Fiduciary To Account, last appeared on the Court's calendar on November 13, 2014, for the return date of an Order To Attend for Daniel Rausher, Esq. Daniel Rausher, Esq., appeared, as did petitioner's counsel, Maria Patelis, Esq., Strazzullo Law Firm, P.C., and Paul R. Gross, Esq., Special Assistant Corporation Counsel.

Surrogate's Court, Richmond County

ESTATE OF ANGELO GIGLIO, Deceased

ESTATE OF ANGELO GIGLIO, Deceased (08/133/A) — The limited administrator of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on March 4, 2008 so as to enable him to compromise a wrongful death/personal injury cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury claim in the amount of $500,000.00 is approved. All proceeds are allocated to the cause of action for personal injury. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $177,015.31 to Parker, Waichman & Alonso LLP. Sal Giglio shall be paid $1,400.00 as reimbursement for payment of decedent's funeral expenses. Additionally, Sal Giglio shall be paid $19,000.00 as statutory commissions. MSPRC-Medicare shall be paid $36.37 in payment of its claim. The New York City Department of Social Services shall be paid $42,000.00 in full satisfaction of their claim.

Surrogate's Court, New York County

Probate Proceeding, Will of DECISION JUAN MADERA, Deceased

Probate Proceeding, Will of DECISION JUAN MADERA, Deceased. File No.: 2014-1361 — This is an uncontested proceeding to probate an instrument, dated May 14,2010, as the last will of Juan Madera. Decedent died May 16,2010. His distributees are his two biological daughters, Bridget Madera and Michelle Madera, who were cited and did not interpose any objection to the petition. The propound instrument leaves decedent's entire estate to Lissette Morales, the daughter of decedent's com anion Bruna Cruz. The instrument also nominates Ms. Morales as Executor and Evelyn Garcia, her sister, as successor. Ms. Morales renounced her right as nominated preliminary executor. Thus, proponent herein is Ms. Garcia.

Surrogate's Court, Richmond County

ESTATE OF RALPH A. CASALE, Deceased

ESTATE OF RALPH A. CASALE, Deceased (14/697) — In this pending proceeding, the decedent, Ralph A. Casale, before his death designated the petitioner herein, his domestic partner, Roberta Lipner, as the beneficiary of his NYCERS death benefit. However, inasmuch as the decedent died also survived by a spouse, Helen Casale, the New York City Employees Retirement System has refused to pay over the death benefit to the named beneficiary, since they fear the surviving spouse may also make claim to the benefit. Accordingly, the petitioner seeks to have Limited Letters of Administration issue to the Public Administrator of Richmond County for the purpose of bringing an action to direct NYCERS to pay the death benefit to the petitioner.

Supreme Court, Nassau County, Trial/IAS, Part 14

JJM Sunrise Automotive, LLC d/b/a Lynbrook Audi, Plaintiff v. Volkswagen Group of America, Inc, d/b/a Audi of America, Inc., Stanley Weinstock and Biener Auto Group, Inc., Defendants, 601658-14

Court Dismisses Franchisee's Actions Alleging Violations of Motor Vehicle Dealer Act

Practice Areas: Business Entities

Supreme Court, King County, Commercial Division Part 1

Cortes, Porfirio Individually and as A Shareholders of 3A North Park Ave. Rest Corp. Suing in the Right of 3A North Park Ave. Rest Corp., Plaintiff v. 3A North Park Ave. Rest Corp., Angelo Ramunni and Dominick Desimone, Defendants, 13396/11

Court Awards Derivative Judgment; Common Law Dissolution of Corporation Appropriate

Practice Areas: Business Entities

Supreme Court, New York County, Part 36

Joseph Paul Winery Inc., Petitioner v. The State of New York, Dennis Rosen, individually, and as Chairperson, of the New York State Liquor Authority, Respondents, 101755/2013

Due Process Rights Were Violated at Board Meeting Where Hearing Was Also Conducted

Practice Areas: Administrative Law

Supreme Court, New York County, Part 5

Peter Kosovsky, M.D., Plaintiff v. Park South Tenants Corp., Board of Directors of Park South Tenants Corporation, Rose Associates, Inc., AM&G Waterproofing, LLC and Eliseo Associates, PLLC, Defendants, 602813/07

Defendants Breached Part of Proprietary Lease Requiring Them to Maintain Building

Practice Areas: Contracts , Breach

New York State, Court of Appeals

In the Matter of Roseann Kilduff, Respondent v. Rochester City School District, et al., Appellants, No. 192

Affirmed, petitioner had the right Under Education Law ยง3020 to choose the statutory review process over CBA procedure, and the School District's failed to honor that right.

Practice Areas: Education Law , Labor and Employment , Labor Law , Collective Bargaining Agreements

New York State, Court of Appeals

The People &c., Respondent v. Karen M. Caza, Appellant, No. 231 SSM 23

Appellate Division affirmed; defendant's argument that County Court erred in enhancing her sentence by departing from its conditional promise to make her two terms of imprisonment run concurrently, is unpreserved for our review

Practice Areas: Criminal Law , Appellate Law - Criminal

New York State, Court of Appeals

In the Matter of Maureen Kigin, 
Appellant v. State of New York Workers' 
Compensation Board et al., Respondents, No. 181

Workers' Compensation Board did not exceeded its statutory authority when it promulgated portions of the "Medical Treatment Guidelines"

Practice Areas: Administrative Law , Health Law , Insurance Law

New York State, Court of Appeals

The People &c., Respondent v. Tyrone Davis, Appellant, No. 232 SSM 22

Defendant's plea does not qualify for the "rare case" exception

Practice Areas: Criminal Law , Appellate Law - Criminal

New York State, Court of Appeals

Eric M. Berman, P.C., et al., Respondents v. City of New York, et al., Appellants, No. 233

Certified Questions in Case Challenging New York City Debt-Collection Law Are Accepted

Practice Areas: Civil Procedure , Appellate Law - Civil

New York State, Court of Appeals

Mary Andrucki, &c. et al., Appellants v. Aluminum Company of America, et al., Defendants, Port Authority of New York and New Jersey, Respondent, No. 185

Requirement That Port Authority of New York and New Jersey Be Given Notice of Wrongful Death Claim Was Fulfilled by Personal Injury Claim Notice

Practice Areas: Torts , Wrongful Death , Civil Procedure , Motion Practice

New York State, Court of Appeals

In the Matter of Merry-Go-Round 
Playhouse, Inc., Respondent v. Assessor of City of Auburn, etal., 
Appellants, No. 201

Theater Group Is Entitled to Tax Exemption on Apartment Buildings It Uses to House Actors

Practice Areas: Residential and Commercial Real Estate , Taxation

Supreme Court, New York County, Part 57

Samir Hashmi, Petitioner v. New York City Police Department, and Raymond Kelly in his official capacity as Commissioner of the New York City Police Department, Respondents, 101560/2013

NYPD Motion to Dismiss FOIL Request Under Federal Doctrine Is Denied

Supreme Court, New York, Part 82

The People of the State of New York, Plaintiff v. James Brady, Andrew Rossig, Marko Markovich and Kyle Hartwell, Defendants, 1652-14

Court Retains Charges Against Tower Skydivers

Practice Areas: Criminal Law

Appellate Division, Second Department

In the Matter of Ya-Sin S. (Anonymous), Appellant, 2013-08486

Split Panel Rejects Bid to Suppress Gun in Weapons Case

Practice Areas: Criminal Law , Family Law , Juvenile Law

Appellate Division, Second Department

Deutsche Bank National Trust Company, etc., Appellant v. Norris Islar, respondent, et al., Defendants, 20221/07

Panel Faults Flagrant Disregard of Precedent

Practice Areas: Residential and Commercial Real Estate

Surrogate's Court, Queen's County

PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant

PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant. File No. 2010-2480/A—The defendant, the Estate of Darren Bryant, moved, by notice of motion, to dismiss the amended verified complaint of plaintiff, Pebble Realty, Inc., upon the grounds of a defense based upon documentary evidence (CPLR 3211 [a] [1]), plaintiff's lack of capacity (CPLR 3211 [a][3]), and the failure to state a claim (CPLR 3211 [a][7]). By order dated April 3, 2014, the court gave notice to the parties that pursuant to CPLR §3211[c], it was treating the motion as one for summary judgment under CPLR §3212, granted the parties leave to serve and file additional papers and re-calendared the motion. Darren Bryant died on July 3, 2009 and the Public Administrator of Queens County was appointed administrator of his estate on June 17, 2010.

Surrogate's Court, New York County

ESTATE OF DANY DAVID, Grantor

ESTATE OF DANY DAVID, Grantor (14/2072) — In this application, Petitioner-Grantor Dany David asks the court to confirm the appointment by Leslie Olson David, a trust beneficiary, of Michael Schwartz as successor trustee of the Dany David Irrevocable Trust. Leslie Olson David filed objections to the confirmation of any appointment of Michael Schwartz, alleging that the duties of the trustee were not properly executed.

Surrogate's Court, New York County

ESTATE OF JAMES THOMAS BRANCIFORTE, Deceased

ESTATE OF JAMES THOMAS BRANCIFORTE, Deceased (14/1824/B) — This is an uncontested proceeding to probate a one-page handwritten, unwitnessed instrument dated February 12, 2010 as decedent's last will and testament.

Surrogate's Court, New York County

ESTATE OF VIOLA PEARL PREVOST, A/K/A VIOLA PEARL DILLABOUGH, Deceased

ESTATE OF VIOLA PEARL PREVOST, A/K/A VIOLA PEARL DILLABOUGH, Deceased (12/797/G/H/I) — The settlement of causes of action for decedent's conscious pain and suffering and wrongful death were approved, and attorney's compensation and disbursements fixed by an order of the Supreme Court, New York County, dated September 8, 2014. The administrator has petitioned for leave to allocate and distribute the proceeds of this settlement.

Appellate Division, Second Department

The People, etc., Respondent v. Richard Sassi, Jr., Appellant, 127/12

Conviction of Ex-Police Detective for False Report of Burglary Overturned

Practice Areas: Criminal Law

Appellate Division, Fourth Department

The People of the State of New York, Respondent v. Robert M. Knapp, Defendant-Appellant (Appeal No. 1.), 1023 KA 12-01870

Panel Orders a New Trial for 'Suggestible' Defendant

Practice Areas: Criminal Law , Constitutional Law

Civil Court, Kings County, Housing Part O

Anthony Ross Petitioner v. Yury Baumblit and Back on Track Group, Inc. et al., Respondents, 20282/14

Three-Quarter House Can't Evict Tenant, Judge Rules

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

Supreme Court, Suffolk County, IAS Part 43

Anne Marie Pinto f/k/a Anne Marie Dietrichson, Plaintiff v. Neil Dietrichson, Defendant, 60801/13

Money Judgment for Use, Occupancy Denied; Ex-Wife Granted Judgment as to Liability Only

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

Supreme Court, Kings County, At an IAS Term, Part Comm-1

In the Matter of the Arbitration between Benjamin Kleinbart, Petitioner v. Build Green Solutions LLC, d/b/a BGS, and Elkana Tombak, Respondents, 507814/13

No Rational Basis Exists for Arbitration Award; Court Vacates Award, Denies Confirmation

Practice Areas: Alternative Dispute Resolution

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

M. M. & I. Realty Co., L.L.C., Respondent v. John Gargano, Tenant, Stefanie Gargano, Appellant, -and- "John Doe" and "Jane Doe," Undertenants, 2013-516 K C

Final Judgment Modified, Warrant Permanently Stayed on Condition Tenant Never Returns

Practice Areas: Landlord/Tenant Law

Court of Claims, New York County

Salvatore Gambino, Claimant(s) v. The State of New York and New York State Thruway Authority, Defendant(s), 2014-010-044

NYSTA Driver Sole Proximate Cause Of Accident; Claims Against State Dismissed

Practice Areas: Torts , Motor Vehicles

New York State, Court of Appeals

Branic International Realty Corp., Appellant v. Phillip Pitt, &c., Respondent, "John Doe," et al., Respondents, No. 200

Respondent voluntarily vacated the premises, therefore the mootness exception is not applicable under the facts of this case.

Practice Areas: Civil Procedure

New York State, Court of Appeals

In the Matter of Catherine A. Gorman, Appellant v. Kathleen M. Rice, &c., Respondent, et al., Respondent, No. 190

Onus Was on Defendant to Decide Whether Mistrial Would Be Declared; Retrial Not Barred on Double Jeopardy Grounds

Practice Areas: Criminal Law , Motor Vehicles (Criminal)

New York State, Court of Appeals

The People &c., Respondent v. Howard Grubstein, Appellant, No. 193

Defendant who asserts that he was deprived of his right to counsel when he pleaded guilty pro se is not barred from raising that claim in a motion under CPL 440.10 by his failure to raise it on direct appeal.

Practice Areas: Criminal Law , Motor Vehicles (Criminal) , Appellate Law - Criminal

New York State, Court of Appeals

The People &c., Respondent v. Derrick Hill, Appellant, No. 194

Defendant did not open the door to evidence of his post-Miranda silence and, therefore, Supreme Court erred in permitting its introduction at trial.

Practice Areas: Criminal Law , Appellate Law - Criminal

Appellate Division, First Department

In re Ming Tung, et al., Petitioners-Respondents v. China Buddhist Association, et al., Respondents-Appellants, 110149/11

Panel Declines to Intervene in Buddhist Temple Dispute

Practice Areas: Constitutional Law

Supreme Court, Suffolk County, I.A.S. Part 17

Onewest Bank FSB, Plaintiff(s) v. Elmer O. Escobar, Town Supervisor Town of Islip, Milagro Fuentes, Juana Reyes, Defendant(s), 30234-2009

Bank Denied Vacatur of Order of Reference, Directed to Appear for Possible Sanctions

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Family Court, Monroe County

In the Matter of a Paternity Proceeding Under Article 5 of the Family Court Act Q. M., Petitioner v. B. C. and J. S. Respondents, P-13761-13

Presumption of Marriage, Equitable Estoppel Do Not Bar Biological Father's Paternity Suit

Practice Areas: Family Law

Supreme Court, Orange County

Donovan James, Plaintiff v. Terrace Tavern, LLC, PRO 13 Properties, LLC and Robert McKenzie, Defendants, 9470/2012

Bar, Landlord Granted Dismissal of Dram Shop Act, Negligence Claim for Shooting

Practice Areas: Torts

Family Court, Rockland County

In the Matter of a Custody/Visitation Proceeding Chava F., Petitioner v. Jacob F., Respondent, V-02337-13

Acrimonious Couple Granted Joint Legal Custody Of Children, but Father Retains Physical Custody

Practice Areas: Family Law

Supreme Court, Westchester County

S. H., Plaintiff v. E. S., Defendant, Caseindex_

Wife Granted $40,000 Monthly Maintenance, Nearly $9,000 Child Support Awards

Practice Areas: Family Law

Supreme Court, Nassau County, Trial/IAS Part 3

Liberty Mutual Insurance Company a/s/o Lilia Carmona, Plaintiff v. Frank Alberto, Defendant, 603004/13

Insurer Satisfied Criteria for Default Judgment; Court Concerned About Notice to Defendant

Practice Areas: Insurance Law , Civil Procedure

Supreme Court, New York County, Part 46

In the Matter of the Application of Louis Robles, Petitioner v. New York City Department of Citywide Administrative Services and New York City Department of Buildings, Respondents, 111586/2011

DCAS' Denial of HPBOE License Arbitrary; Denial Vacated, Remitted for Reconsideration

Practice Areas: Administrative Law

Surrogate's Court, Richmond County

ESTATE OF MICHAEL GRAZIANO, Deceased

ESTATE OF MICHAEL GRAZIANO, Deceased (14/1054) — The Petitioner seeks the issuance of Limited Letters of Temporary Administration. After reviewing the petition and the documents attached thereto, the petition is granted.

Surrogate's Court, New York County

ESTATE OF NICHOLAS SCHEEL

ESTATE OF NICHOLAS SCHEEL, (11/369/B) — At the call of the October 28, 2014 calendar, the court ruled as follows on the motion of respondent — in effect, objectant — Patrick Joseph McGee to compel the deposition of petitioner Karin Weidema in a proceeding to invalidate the May 20, 2010 restatement of a trust created by Nicholas Scheel under an instrument dated September 26, 2002.

Surrogate's Court, Richmond County

ESTATE OF KATHLEEN O'BRIEN, Deceased

ESTATE OF KATHLEEN O'BRIEN, Deceased (14/1013) — In this Probate proceeding, it appears that Laura O'Brien, Distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, New York County

ESTATE OF GLORIA TRIANO, Deceased

ESTATE OF GLORIA TRIANO, Deceased (13/3525) — At the call of the October 31, 2014 calendar, the court dismissed as premature the motion of John M. Greener, petitioner and preliminary executor in a probate proceeding in the estate of Gloria Triano, for an order striking the objections filed by Gale Gravina and for other relief. Jurisdiction remains incomplete. Until jurisdiction is complete, the probate proceeding is stayed.

Surrogate's Court, Richmond County

ESTATE OF JOSEPH L. RYAN, Deceased

ESTATE OF JOSEPH L. RYAN, Deceased (13/24) — Limited Letters of Administration were issued in the within estate on January 22, 2013. Assets have now come into the hands of the limited administrator which belong to the estate. The limited administrator seeks to amend the Limited Letters of Administration to become Limited and Restricted Letters of Administration.

Surrogate's Court, Richmond County

ESTATE OF MANUEL ALVAREZ, Deceased

ESTATE OF MANUEL ALVAREZ, Deceased (12/913) — In this administration proceeding, specific relief is being sought which may affect the interest of an incapacitated person, Gladys Caraballo thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, New York County

ESTATE OF HARVEY STUART HIRSCH, Deceased

ESTATE OF HARVEY STUART HIRSCH, Deceased (13/1489/A) — Linda K. Hirsch, as executor of the will of her husband, Harvey Stuart Hirsch, who died on March 13, 2013, has petitioned for an order directing Morgan Stanley Smith Barney, the depository for decedent's non- ERISA retirement plan, to turn over to her the $705,000 balance of such account (see SCPA §2103). Michael S. Kutzin, guardian ad litem for the unknown successor trustees and unknown beneficiaries of the non- ERISA retirement plan — the only other parties to the proceeding has filed a second supplemental report requesting permission to enter into a stipulation of discontinuance. The court, finding a discontinuance to be in the best interests of the wards of the guardian ad litem, authorizes him to enter into the stipulation.

Surrogate's Court, Richmond County

ESTATE OF JOSEPH PENNINO, A/K/A JOSEPH V. PENNINO, Deceased

ESTATE OF JOSEPH PENNINO, A/K/A JOSEPH V. PENNINO, Deceased (14/18/B) — Petitioner seeks probate of a propounded instrument, dated November 19, 2010, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary and Letters of Trusteeship to him.

Surrogate's Court, Richmond County

ESTATE OF MARY C. STYZEAK, Deceased

ESTATE OF MARY C. STYZEAK, Deceased (01/B/P/150) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County, as administrator of this estate.

Surrogate's Court, New York County

ESTATE OF FREDERICK RUTGERS AND KATHERINE PHILLIPS RUTGERS, Grantors

ESTATE OF FREDERICK RUTGERS AND KATHERINE PHILLIPS RUTGERS, Grantors (14/1479) — This is an unopposed1 application seeking to split and reform an intervivos trust created under agreement dated January 22, 1965, by and between Frederick Rutgers and Katherine Phillips Rutgers, as grantors, and JPMorgan Chase Bank N.A.'s corporate predecessor, Manufacturers Hanover Trust Company, as trustee ("the Trust").

Surrogate's Court, New York County

ESTATE OF BERT STERN, Deceased

ESTATE OF BERT STERN, Deceased (13/2939) — The question before the court in this probate proceeding is whether information disclosed to or acquired by a psychiatrist during the course of professional treatment should be revealed to an objectant without prior review by proponent or an in camera review by the court. Petitioner is decedent's surviving spouse and preliminary executor of his estate. Respondents, decedent's children by a prior marriage and a foundation established by decedent during his lifetime, have filed objections to the probate of decedent's will on, among other grounds, a lack of capacity.

Surrogate's Court, Richmond County

ESTATE OF ANTHONY FAVAZZA, Deceased

ESTATE OF ANTHONY FAVAZZA, Deceased (14/332) — In this probate proceeding, it appears that unknown distributees, and/or distributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Richmond County

ESTATE OF ERLINDA LOYOLA, Deceased

ESTATE OF ERLINDA LOYOLA, Deceased (13/219/A) — The limited administratrix of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on May 31, 2013 so as to enable her to compromise a wrongful death/ personal injury cause of action on behalf of decedent.

Surrogate's Court, Richmond County

ESTATE OF JOSEPH GIULIANO, Deceased

ESTATE OF JOSEPH GIULIANO, Deceased (12/748/A) — The limited administratrix of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 13, 2012 so as to enable her to compromise a wrongful death/ personal injury cause of action on behalf of decedent.

District Court, Nassau County, First District Civil Term

Greater Forest Hills Physical Therapy, PC Assignee of Jacinto Sanchez, Plaintiff(s) v. State Farm Mutual Automobile Insurance Company, Defendant(s), CV-020834-13

Court Rules Claimant Not Obligated to Submit No-Fault Claims Once Insurer Denies Coverage

Practice Areas: Insurance Law