State Court Decisions

Supreme Court, Clinton County

Susan R. Castine, Petitioner v. Michael R. Zurlo and Clinton County, Respondents, 2014-1202

Language in Election Law §1-102 Ambiguous, Statute Inapplicable; County Denied Dismissal

Practice Areas: Election and Political Law , Labor and Employment

Supreme Court, Westchester County

Todd Ruffalo, Jr., Plaintiff v. Peter B. Ackerman, Esq. and Peter B. Ackerman, Individually, Defendants, 50524/2014

Inappropriate, Incoherent Complaint Rejected; Defendants Granted Protective Order, Costs

Practice Areas: Civil Procedure

Supreme Court Kings County, IAS Term, Part 52

Confidential Lending, LLC, Plaintiff v. Project East 19, LLC, et al., Defendants, 501265/14

Plaintiff Granted Extended Time to Serve, But Denied Alternate Method of Service

Practice Areas: Civil Procedure

Appellate Term, First Department

Nelson Barreto, Plaintiff-Respondent v. Mirsad Kotaj, Defendant -and- T & R Construction Company, Defendant-Appellant, 570903/13

Panel Rules No Such Thing as 'Negligent Assault'; Judgment Reversed, Vacated

Practice Areas: Torts

Supreme Court, Nassau County, Trial/IAS Part 9

Yashima Cain, Plaintiff v. NYSARC, Inc. - Nassau County Chapter d/b/a AHRC Nassau, and Brookville Center for Children's Services, Inc., Defendants, 604878/14

Assistant Manager Did Not Qualify as Health Care Services Employee Under Labor Law §741

Practice Areas: Labor and Employment

Supreme Court, Kings County, IAS Term, Part 71

Lawrence Ciliotta, Plaintiff v. Frank Ranieri, Marilyn Ranieri Danielle Ranieri and Nicole Ranieri, Defendants, 1965/2012

Dog Owner Granted Summary Judgment Dismissing Neighbor's Personal Injury Suit

Practice Areas: Torts

Supreme Court, Bronx County, Criminal Term, Part 16

The People of the State of New York, Plaintiff v. Rudolph Ramrup, Defendant, 3115-2013

Court Unable to Decide if Prosecutors Satisfied Obligation to Preserve, Produce Recordings

Practice Areas: Criminal Law , Evidence

Supreme Court, Bronx County, Part 75

The People of the State of New York, Plaintiff v. Jamel Santiago, Defendant, 1886/2012

Deviation From Protocol Results in Field Sobriety Test Results Being Inadmissible

Practice Areas: Criminal Law

Criminal Court, New York County, Part F

The People of the State of New York, Plaintiff v. Brandon Wright, Defendant, 2014NY052788

Court Lacks Authority to Issue Discovery Order for Taking of Saliva, Buccal Cell Sample

Practice Areas: Criminal Law

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

The People of the State of New York, Respondent v. Raul Martinez, Appellant, 2011-1807 Q CR

Panel Affirms Judgments Convicting Defendant of Bail Jumping, DWI

Practice Areas: Criminal Law

Supreme Court, Kings County, IAS Term, Part 5T

A.H., Plaintiff v. G.H., Defendant, [Index Number Redacted by Court]

Court Declines to Apply CSSA; Neither Parent Awarded Child Support

Practice Areas: Family Law

County Court, Suffolk County

The People of the State of New York, Plaintiff v. Jay L. Sears, Defendant, 08046/2014

Aggravating Factors, Additional Points Warrant Designating Defendant Level II Sex Offender

Practice Areas: Criminal Law

Surrogate's Court, Nassau County

In the Matter of the Adoption of Child A and Child C, Anonymous, X2014-46725

If Parents Seek to Place Adopted Children With Others, Application to Court Must be Made

Practice Areas: Family Law

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

The People of the State of New York, Respondent v. Hao Lin, Appellant, 2010-3007 K CR

DWI Convictions Reversed as Substitute Witness Did Not Satisfy 'Bullcoming' Standard

Practice Areas: Criminal Law

Supreme Court, Kings County, IAS Term, Part 76

In the Matter of Jerrel Evans, An Incapacitated Person, 105020/97

Co-Guardians' Breach of Fiduciary Duties Warrants Total Denial of Commissions

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 45

Keith Stock, Plaintiff v. Schnader Harrison Segal & Lewis LLP, et al, Defendants, 651250/13

Novel Privilege Issue Raised in Suit Against Law Firm

Practice Areas: Legal Profession , Attorney Malpractice , Evidence

Appellate Division, First Department

The People of the State of New York, Respondent v. Keith Johnson, Defendant-Appellant, 2877/09

Panel Tosses Conviction in Failed Drug Buy Case

Practice Areas: Appellate Law - Criminal , Criminal Law

Appellate Division, First Department

Anonymous, Plaintiff-Appellant-Respondent v. Anonymous, Defendant-Respondent-Appellant, 350033/12

Panel Allows Challenge to Prenup's Fee Waiver

Practice Areas: Family Law , Contracts , Interpretation

County Court, Monroe County

The People of the State of New York, Plaintiff v. Rene Bailey a/k/a Renee Bailey, Defendant, 2001-0490

New Medical Knowledge Debunks Shaken Baby Conviction

Practice Areas: Criminal Law , Appellate Law - Criminal

New York State, Court of Appeals

In the Matter of Suzanne Lozinak, Respondent v. Board of Education of Williamsville 
Central School, Appellant, No. 236 SSM 25

Reversed, with costs, and petition dismissed. We cannot say that "the penalty of [termination] …shocks the judicial conscience"

Practice Areas: Appellate Law - Civil

New York State, Court of Appeals

The People &c., Respondent v. Raul Johnson, Appellant, No. 218

Since the first case, and the lawyer's representation of defendant in it, were continuing when defendant was questioned about the second case, there was a violation of defendant's right to counsel.

Practice Areas: Criminal Law

New York State, Court of Appeals

In the Matter of State of New York, Respondent v. Michael M., Appellant, No. 224

The evidence was legally insufficient to justify revoking respondent's strict and intensive supervision and imposing secure confinement.

Practice Areas: Evidence

New York State, Court of Appeals

Trump Village Section 3, Inc.,
Respondent v. City of New York, et al., Appellants, No. 221

No taxable event occurs when a residential housing cooperative corporation terminates its participation in the Mitchell-Lama program and amends its certificate of incorporation as part of its voluntary dissolution and reconstitution as a cooperative corporation governed by the Business Corporation Law

Practice Areas: Taxation

New York State, Court of Appeals

Mary T. Heltz, Appellant v. Bruce S. Barratt et al., Respondents, No. 237 SSM 28

Affirmed, plaintiff failed to produce admissible evidence raising a triable issue of fact concerning whether defendant Barratt had an opportunity to avoid the collision.

Practice Areas: Appellate Law - Criminal

New York State, Court of Appeals

In the Matter of Mark Ford, et al.,
Appellants v. New York State Racing
and Wagering Board, Respondent, No. 225

Appellate Division affirmed, respondent possesses the power to promulgate rules mandating warrantless, out-of-competition equine testing for proscribed doping agents.

Practice Areas: Administrative Law

New York State, Court of Appeals

172 Van Duzer Realty Corp., Respondent v. Globe Alumni Student Assistance
Association, Inc., et al., Appellants, No. 228

The acceleration clause is not per se invalid merely because the landowner terminated the lease and the tenant is no longer in possession.

Practice Areas: Landlord/Tenant Law

New York State, Court of Appeals

Allison Gammons, Respondent v. City of New York, et al., Appellants, No. 220

Labor Law §27-a (3) (a) (1) of the Public Employee Safety and Health Act sets forth an objective clear legal duty that may serve as a predicate for a claim under General Municipal Law §205-e.

Practice Areas: Labor and Employment

New York State, Court of Appeals

The People &c., Respondent v. Dwight Giles, Appellant, No. 226

Defendants' motions to set aside the verdict pursuant to CPL 330.30 (1) were procedurally improper because they were premised on matters outside the existing trial record.

Practice Areas: Criminal Law

County Court, Madison County

The People of the State of New York, Plaintiff v. Michael J. Piznarski, Defendant, 2011-0073

Lowest Risk Classification Adopted in Sex Tapes Case

Practice Areas: Criminal Law , Civil Rights

Appellate Division, First Department

Tatiana Cheeks, Plaintiff-Respondent v. The City of New York, Defendant-Appellant, 21962/99

Deeply Divided Panel Orders New Trial in False Arrest Case

Practice Areas: Torts , Intentional Torts

Supreme Court, Suffolk County, I.A.S. Commercial Part 45

Saunders Venture Inc., d/b/a/ Saunders and Associates, Plaintiff v. Catcove Group, Inc., and Riverside Catwalk, LLC Defendants, 37906/2011

Broker Fails to Show It Was Procuring Cause of Sale; Not Entitled to Commissions

Practice Areas: Contracts , Residential and Commercial Real Estate

Supreme Court, Suffolk County, Part 50

Goli Realty Corp., Plaintiff(s) v. John Halperin; Peter Halperin; SPJ, LLC; Amerada Hess Corporation, Defendant(s), 41574/2010

Broker Entitled to Commissions Based On Implied-in-Fact Contract, Parties' Conduct

Practice Areas: Business Entities , Residential and Commercial Real Estate , Contracts

Supreme Court, Nassau County Trial/IAS Part 23

Air Charter Service, Inc., Plaintiff v. James Kilmetis and Private Jet Services Group, Inc., Defendants, 606070/2014

Ex-Employer Denied Restraining Order, Enforcement of Restrictive Covenant

Practice Areas: Labor and Employment , Business Entities , Civil Procedure

Civil Court, New York County

Lease Finance Group, LLC, Plaintiff-Judgment Creditor v. John Fiske a/k/a John H Fiske Jr aka John H Fiske, Defendant-Judgment Debtor, 021127/12

Service of Notice on PA Branch Insufficient To Permit Restraint of Georgia Account

Practice Areas: Creditors

Supreme Court, New York County, Part 3

New York Central Mutual Fire Insurance Company, Petitioner v. Bronx Chiropractic Services, P.C. a/a/o Richard Pretto, Respondent, 652570/2013

Insurer Granted Vacatur of Master Arbitrator's Decision as Contrary to Well-Settled Law

Practice Areas: Alternative Dispute Resolution , Insurance Law

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

General Assurance Company as Subrogee of Maria T. Giresi, Respondent v. Sarojnie Lachmenar and Ravi Sawh, Appellants, 2012-2649 Q C

Panel Affirms Judgment Awarding Insurer Money in Subrogation Action

Practice Areas: Civil Procedure , Torts , Motor Vehicles

Appellate Term, First Judicial Department

SUSAN P. LEVY AND STUART D. LEVY, plf-res, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., defapp

14-061. SUSAN P. LEVY AND STUART D. LEVY, plf-res, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Andrea Masley, J.), dated December 27, 2012, insofar as appealed from, modified to grant defendants partial summary judgment dismissing so much of plaintiffs' cause of action for legal malpractice as relates to defendants' alleged failure to pursue arbitration in connection with the first-named plaintiff's claims for first-party no-fault benefits; as modified, order affirmed, without costs.

Appellate Term, First Judicial Department

IP Mortgage Borrower, LLC v. Tribeca Delicatessen Inc

570002/15 IP Mortgage Borrower, LLC v. Tribeca Delicatessen Inc — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

RICHARD TOSI, plf-app, v. YORKSHIRE TOWERS GP CO., LLC AND YORKSHIRE TOWERS COMPANY, L.P. a/k/a YORKSHIRE TOWERS COMPANY SUCCESSOR, L.P., def-res

570408/14. RICHARD TOSI, plf-app, v. YORKSHIRE TOWERS GP CO., LLC AND YORKSHIRE TOWERS COMPANY, L.P. a/k/a YORKSHIRE TOWERS COMPANY SUCCESSOR, L.P., def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment (Robert R. Reed, J.), entered June 26, 2013, affirmed, with $25 costs. Appeal from orders (Robert R. Reed, J.), entered, respectively, April 12, 2013 and May 7, 2013, dismissed, without costs, as subsumed in the appeal from the judgment.

Appellate Term, First Judicial Department

Bellutta, Lucia v. Charugundla, Kent

571016/14 Bellutta, Lucia v. Charugundla, Kent — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Shiekh, Akhtar

570931/14 People v. Shiekh, Akhtar — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

206 WEST 104TH STREET LLC, pet-land-app, v. MIGUEL ZAPATA AND EDWARD CACERAS, res-ten-res, -andJEFF ZAPATA, res-und

14-355. 206 WEST 104TH STREET LLC, pet-land-app, v. MIGUEL ZAPATA AND EDWARD CACERAS, res-ten-res, -andJEFF ZAPATA, res-und — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Michelle D. Schreiber, J.), entered June 16, 2014, insofar as appealed from, reversed, with $10 costs, respondent Jeff Zapata's motion to amend his answer denied, and petitioner's cross motion for summary judgment of possession granted. Issuance of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

Appellate Term, First Judicial Department

JMW 75 LLC v. Wielaard, Jim

570023/15 JMW 75 LLC v. Wielaard, Jim — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

A Realty Associates, L.P. et al v. G. Anthony Mercado, et al

571093/1372 A Realty Associates, L.P. et al v. G. Anthony Mercado, et al — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

Rasheed, Arshad v. Central Avenue Nissan

570726/14 Rasheed, Arshad v. Central Avenue Nissan — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

MEDCARE SUPPLY, INC., a/a/o TRISTAN HINDS, plf-app, v. FARMERS NEW CENTURY INS. CO. def-res

14-371. MEDCARE SUPPLY, INC., a/a/o TRISTAN HINDS, plf-app, v. FARMERS NEW CENTURY INS. CO. def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Jennifer G. Schecter, J.), entered April 15, 2013, reversed, with $10 costs, motion denied and complaint reinstated.

Appellate Term, First Judicial Department

LLC v. Scott, Vernon

571027/142528 LLC v. Scott, Vernon — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

HS Realty Associates Inc v. Iligan, Nimfa

570891/13 HS Realty Associates Inc v. Iligan, Nimfa — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Makendy

570938/14 People v. Makendy — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Moya, Ricardo F. Savinon

570932/14 People v. Moya, Ricardo F. Savinon — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Shiekh, Akhtar

570931/14 People v. Shiekh, Akhtar — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

Norfolk Development LLC v. Kee, Elizabeth

570185/09 Norfolk Development LLC v. Kee, Elizabeth — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

THE PEOPLE, app, v. VICTOR LIZARDI, def-res

14-219. THE PEOPLE, app, v. VICTOR LIZARDI, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (John H. Wilson, J.), dated May 7, 2013, insofar as appealed from, reversed, on the law and the facts, motion denied, accusatory instrument reinstated, and matter remanded for further proceedings.

Appellate Term, First Judicial Department

PS 157 Lofts et al v. Austin, Kimberly et al

570467/13 PS 157 Lofts et al v. Austin, Kimberly et al — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

412 W 148 LLC v. Bangoura, Mohammed

571026/14402 -412 W 148 LLC v. Bangoura, Mohammed — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Rodriguez, Anthony

570900/14 People v. Rodriguez, Anthony — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res

14-074. SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Margaret A. Chan, J.), entered August 15, 2011, insofar as appealed from, modified by granting the motion of plaintiff Stuart Levy for prejudgment interest on the award of $158,855.36 issued to him on the conversion cause of action and remanding the matter to Civil Court for calculation of such prejudgment interest; as modified, order affirmed, without costs.

Appellate Term, First Judicial Department

People v. Emmanuel, Eric

570840/14 People v. Emmanuel, Eric — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

Evanell L.P. v. Mitchell, Terrence

571024/14 Evanell L.P. v. Mitchell, Terrence — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

PEOPLE v. ABUZIYAD, RAMI

2014-543 K CR. PEOPLE v. ABUZIYAD, RAMI — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 8, 2013, for the assignment of counsel.

Appellate Term, Second Judicial Department

GENERAL ASSURANCE COMPANY AS SUBROGEE OF MARIA T. GIRESI, res, v. SAROJNIE LACHMENAR AND RAVI SAWH, app

2012-2649 Q C. GENERAL ASSURANCE COMPANY AS SUBROGEE OF MARIA T. GIRESI, res, v. SAROJNIE LACHMENAR AND RAVI SAWH, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 1, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $17,867.98 and implicitly dismissed defendants' counterclaim. The appeal from the judgment brings up for review (1) so much of an order of the same court (Maureen A. Healy, J.) entered June 21, 2011 as denied the branch of defendants' motion seeking to vacate the notice of trial and strike the action from the trial calendar, and (2) an order of the same court (Maureen A. Healy, J.) dated October 20, 2011, which, upon reargument, adhered to the June 21, 2011 determination.

Surrogate's Court, Bronx County

GUARDIANSHIP OF SHAKEEM B. G., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF SHAKEEM B. G., AN ALLEGED MENTALLY RETARDED PERSON (14/1265) — 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.

Appellate Term, First Judicial Department

People v. Polk, Herbert

570939/14 People v. Polk, Herbert — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Herbes, Donavan

570838/14 People v. Herbes, Donavan — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

2800 COYLE ST. OWNERS CORP. v. LAUTMAN

2014-1663 K C. 2800 COYLE ST. OWNERS CORP. v. LAUTMAN — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 30, 2014, to vacate a stay granted by amended decision and order on motion of this court dated September 11, 2014.

Appellate Term, Second Judicial Department

PEOPLE v. COX, KEVIN

2014-2526 K CR. PEOPLE v. COX, KEVIN — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — 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 September 23, 2014, as a poor person, and for the assignment of counsel.

Appellate Term, Second Judicial Department

PEOPLE v. CHERRY, FRANKIE

2014-2366 K CR. PEOPLE v. CHERRY, FRANKIE — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — 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 August 26, 2014, as a poor person, and for the assignment of counsel.

Appellate Term, First Judicial Department

People v. Cates, Christopher

570743/14 People v. Cates, Christopher — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

DeJESUS, res, v. GOLDFINGERS, GOLDFINGERS CLUB NEW YORK AND PULSE NITE CLUB, INC., app, -andANDREW RODRIGUEZ AND BCR ASSOCIATES, LLC, def

2013-1615 Q C. DeJESUS, res, v. GOLDFINGERS, GOLDFINGERS CLUB NEW YORK AND PULSE NITE CLUB, INC., app, -andANDREW RODRIGUEZ AND BCR ASSOCIATES, LLC, def — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered April 30, 2013. The order, insofar as appealed from, denied a motion by defendants Goldfingers, Goldfingers Club New York and Pulse Nite Club, Inc. for summary judgment dismissing so much of the complaint as was asserted against them.

Appellate Term, First Judicial Department

People v. Thompson, Victor

570899/14 People v. Thompson, Victor — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

PEOPLE v. KWAS, MATTHEW J.

2014-1069 N CR. PEOPLE v. KWAS, MATTHEW J. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered April 28, 2014, as a poor person.

Surrogate's Court, Bronx County

ESTATE OF MARCOS BERROA, Deceased

ESTATE OF MARCOS BERROA, Deceased (11/88/A) — The administrators, the decedent's daughters and only distributees, seek to judicially account for the settlement proceeds of causes of action settled in the Supreme Court, Bronx County (Aarons, J.).

Surrogate's Court, Bronx County

ESTATE OF ABUNDIO MENDEZ PEREZ, Deceased

ESTATE OF ABUNDIO MENDEZ PEREZ, Deceased (10/362/B) — The administrators, the decedent's brother-in-law and spouse, the latter of whom is also the guardian of the property of the decedent's two infant children, seek to compromise claims arising from the decedent's death and to obtain approval and judicially account for the settlement proceeds and proposed structured settlements with the shares of the decedent's two infants.

Appellate Term, First Judicial Department

Warren LLC v. Lynch, Holly

570028/1546 Warren LLC v. Lynch, Holly — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

ALVILLAR v. RENO CAPITAL, LLC

2014-2180 K C ALVILLAR v. RENO CAPITAL, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by respondents-appellants 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 June 11, 2014, deemed an appeal from a final judgment of the same court entered June 11, 2014 (see CPLR 5512 [a]). Cross motion by petitioner-respondent to dismiss the appeal.

Surrogate's Court, Bronx County

ESTATE OF NANCY ROMAN, Deceased

ESTATE OF NANCY ROMAN, Deceased (11/2491/A) — The administrator, the decedent's daughter, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the settlement proceeds of causes of action arising from the decedents death.

Appellate Term, First Judicial Department

Lotus Acupuncture P.C. a/a/o Vicente, L. v. Commerce Ins Co.

571001/14 Lotus Acupuncture P.C. a/a/o Vicente, L. v. Commerce Ins Co. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

Lotus Acupuncture P.C. a/a/o Vicente, L. v. Commerce Ins Co.

571002/14 Lotus Acupuncture P.C. a/a/o Vicente, L. v. Commerce Ins Co. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Williams, Timothy

570965/14 People v. Williams, Timothy — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Surrogate's Court, Bronx County

ESTATE OF ANTHONY HIBBERT, Deceased

ESTATE OF ANTHONY HIBBERT, Deceased (10/2515/B) — The administrator, the decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that she may receive and judicially account for the proceeds of a personal injury cause of action.

Appellate Term, First Judicial Department

People v. Foti, Gary

570246/13 People v. Foti, Gary — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RODNEY BRAZIER, def-app

12-102. THE PEOPLE, res, v. RODNEY BRAZIER, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Jennifer G. Schecter, J.), rendered August 4, 2011, affirmed.

Appellate Term, Second Judicial Department

RESTORATION SPORTS & SPINE CENTER AS ASSIGNEE OF DEBRA LOWMAN, res, v. GEICO, app

2012-2280 Q C. RESTORATION SPORTS & SPINE CENTER AS ASSIGNEE OF DEBRA LOWMAN, res, v. GEICO, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 10, 2012. The order denied defendant's motion to dismiss the complaint pursuant to CPLR 3216.

Appellate Term, Second Judicial Department

PARKER YELLOWSTONE, L.P. v. CHETRICK

2014-348 Q C. PARKER YELLOWSTONE, L.P. v. CHETRICK — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant-respondent on an appeal and cross appeal from a final judgment of the Civil Court of the City of New York, Queens County, dated October 2, 2013, to dismiss the cross appeal as untimely perfected, to strike respondent-appellant's reply brief, and to strike portions of respondent-appellant's brief as dehors the record on appeal.

Appellate Term, Second Judicial Department

SD MED., P.C. A/A/O MEJIA v. ALLSTATE INS. CO.

2014-2626 K C. SD MED., P.C. A/A/O MEJIA v. ALLSTATE INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 30, 2013. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on October 1, 2013 and the notice of appeal was not filed until November 7, 2013.

Appellate Term, Second Judicial Department

PEOPLE v. O'NEILL, EDWARD F.

2013-2478 W CR. PEOPLE v. O'NEILL, EDWARD F. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for a preference in the calendaring of an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered October 24, 2013.

Appellate Term, Second Judicial Department

PERLMAN v. BRUSSELS AIRLINES

2013-1386 N C. PERLMAN v. BRUSSELS AIRLINES — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for leave to reargue an appeal from a judgment of the District Court of Nassau County, Second District, entered March 5, 2013, which was determined by decision and order of this court dated October 1, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

Appellate Term, First Judicial Department

People v. Bah, Ahmed

570928/14 People v. Bah, Ahmed — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, Second Judicial Department

D & H REHABILITATION MED., P.C. A/A/O POITEVIEN v. PRAETORIAN INS. CO.

2014-2224 K C. D & H REHABILITATION MED., P.C. A/A/O POITEVIEN v. PRAETORIAN INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — 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 July 31, 2014.

Appellate Term, First Judicial Department

People v. Floyd, Kiesha

570941/14 People v. Floyd, Kiesha — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

People v. Vargas, Tommey

570768/14 People v. Vargas, Tommey — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Surrogate's Court, Bronx County

ESTATE OF ELIGIO SILVERIO, Deceased

ESTATE OF ELIGIO SILVERIO, Deceased (11/367/A) — The administrator, one of the decedent's daughters, seeks to judicially account for and distribute the remaining proceeds of causes of action settled with one of the defendants in the Supreme Court, Bronx County (Green, J.) being held in her attorneys' escrow account. The supreme court order, inter alia, directed the payment of attorneys' fees, disbursements and a Medicaid claim.

Surrogate's Court, Bronx County

ESTATE OF ESMERALDO OLMO, Deceased

ESTATE OF ESMERALDO OLMO, Deceased (13/614/A) — In a proceeding and cross proceeding for letters of administration by two of the decedent's sons, a pretrial compliance conference was scheduled for September 25, 2014 and, on that date, the parties entered into a written stipulation of settlement which, inter alia, provided that the cross petitioning son is to serve as fiduciary and adjourned the matter to December 2, 2014. On the December 2, 2014 date, there was no appearance by any party and the court marked the matter off the calendar.

Surrogate's Court, Bronx County

ESTATE OF JOSEPH O. GUERRA, Deceased

ESTATE OF JOSEPH O. GUERRA, Deceased (13/2706) — On the last adjourned date of this administration proceeding by a son of the decedent, no party appeared and the court stated on the record in open court that the matter would be marked off the calendar. Accordingly, the court's statement on the record in open court and this decision constitute the order of the court marking the proceeding "off calendar." The proceeding is to be dismissed on March 31, 2015, unless prior to that date, the parties submit a stipulation agreeing to an adjourned date or one party restores the proceeding to the calendar on 20 days' written notice to the court and all parties who appeared.

Surrogate's Court, Bronx County

ESTATE OF LEO MESSINA, Deceased

ESTATE OF LEO MESSINA, Deceased (11/2746/D and E) — In this estate, after a conference with a member of the court's Law Department, all pending issues were settled pursuant to a written stipulation entered into by the parties and "so ordered" by the court.

Appellate Term, First Judicial Department

People v. Rivera, William

570929/14 People v. Rivera, William — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

Appellate Term, First Judicial Department

Frank & Walter Eberhart L.P. v. Gebhart, Villette et al

571028/14 Frank & Walter Eberhart L.P. v. Gebhart, Villette et al — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order