State Court Decisions

Supreme Court, Queens County, Part K-13

The People of the State of New York, Plaintiff v. For Dismissal Kent Fann, Defendant, IND 2903-2013

Misdemeanor Charges Survive Unfitness Ruling

Practice Areas: Criminal Law , Constitutional Law

Appellate Division, First Department

The People of the State of New York, Respondent v. Jorge Beato, Defendant-Appellant, 424/10; 13385

Hearsay Faulted but Panel Finds Harmless Error

Practice Areas: Evidence , Hearsay , Criminal Law

Supreme Court, Dutchess County

Kathleen Colavito, Plaintiff v. Domenic Colavito and Teresa Mamone, Defendants, 3172/14

Documentary Evidence Shows Decedent Validly Effected Change of Beneficiary

Practice Areas: Labor and Employment , Torts

Supreme Court, Kings County, IAS term, Part 32

Vincent E. Natoli, OFM and the Old Roman Catholic Church, Cathedral Church of St. Lucy's, Plaintiff v. Louis Elias Milazzo, John Doe et al. and Albert Berube, Defendants, 38555/04

Court Directs Depositions to Determine Rightful Pastor, Custodians of Church

Practice Areas: Business Entities , Civil Procedure

Supreme Court, New York County, IAS Part 36

In the Matter of the Application of Carmen Matias, Petitioner v. New York City Housing Authority, Respondent, 401522/2013

Termination for Unintended Default Shocking To Sense of Fairness; HA's Decision Annulled

Practice Areas: Landlord/Tenant Law , Administrative Law

Appellate Division, Fourth Judicial Department

The People of the State of New York, Respondent v. Leroy Carver, Defendant-Appellant, KA 10-01363

Dissent Finds Defendant Deprived Effective Assistance of Counsel, Majority Rejects Claim

Practice Areas: Criminal Law

Appellate Division, Third Department

In the Matter of the Claim of Manuel Mejia, Claimant v. The Drake Group, LLC, Appellant Workers' Compensation Board, Respondent, 518263

Divided Panel Rules Board Abused Discretion in Denying Reopening Case

Practice Areas: Social Services Law , Workers

Civil Court, Bronx County

Remie Realty Corp., Petitioner-Landlord v. Digna Rodríguez, Respondent-Tenant, L&T 020455/2014

Landlord Cannot Alter Terms of Renewal Lease; Stipulation, Eviction Warrant Vacated

Practice Areas: Landlord/Tenant Law

Supreme Court, Queens County, IAS Part 4

Investors Bank, Plaintiff(s) v. Friday Realty Partners LLC and St Broadway Realty LLC. Defendant(s), 13045/2014

Lease Assignee Cannot Show Ability to Cure Default; 'Yellowstone' Injunction Denied

Practice Areas: Landlord/Tenant Law

Civil Court, Bronx County, Housing Part L

Southern Boulevard 1, L.P., Petitioner-Landlord v. Ana Escoto, Respondent-Tenant "John Doe" and "Jane Doe," Respondents-Undertenants, 15179/14

Landlord Fails to Prove Tenant Operating Day Care Facility Beyond Scope of License

Practice Areas: Landlord/Tenant Law

Civil Court, Bronx County, Housing Part T

River Park Residences LP, Petitioner-Landlord v. Sean Wims, Respondent-Tenant, L&T 51580/13

Court Rules Section 8 Tenant Established Entitlement to 30% Rent Abatement

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Housing Part L

Central Harlem Associates LLC, Petitioner-Landlord v. Gertrude Davis 210 West 146th Street-Apt 3-K New York, New York 10039 Respondent-Tenant "John Doe" and "Jane Doe" Respondent-Undertenants, L&T 81193/2014

Tenant Established She Openly, Notoriously Had Dog for Over 90 Days Before Start of Suit

Practice Areas: Landlord/Tenant Law

Appellate Division, Third Department

The People of the State of New York, Respondent v. Deana M. Olsen, Appellant, 106034

Panel Upholds Sentence in Vehicular Homicide Case

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

Appellate Division, First Department

In re Rockwood Pigments NA, Inc., Petitioner-Respondent v. Elementis Chromium LP, Respondent-Appellant, 651617/14; 13684

Injunction Granted in Goods Distribution Dispute Upheld

Practice Areas: Appellate Law - Civil , Contracts , Breach

Supreme Court, New York County, IAS Part 36

In the Matter of the Application of Carmen Matias, Petitioner v. New York City Housing Authority, Respondent, 401522/2013

Housing Agency Criticized for 'Harsh' Eviction Attempt

Practice Areas: Intellectual Property , Trademarks , Landlord/Tenant Law

Appellate Division, First Department

The People of the State of New York, Respondent v. Daviel McCummings, Defendant-Appellant, 1544/10; 13432

Panel Upsets Conviction Over Judge's Failure to Inquire

Practice Areas: Criminal Law

Appellate Division, Third Department

Caren EE., Respondent v. Alan EE., Appellant, 517860

Panel Finds Wife's Book Deal Violated Divorce Agreement

Practice Areas: Family Law , Guardianship

Supreme Court, New York County, Part 45

In the Matter of the Application of Rockwood Pigments NA, Inc., Petitioner v. Elementis Chromium LP, Respondent, 651617/2014

Injunction Granted in Goods Distribution Dispute Upheld

Practice Areas: Contracts , Breach , Appellate Law - Civil

Supreme Court, Nassau County, Trial IAS Part 3

Yadunath Hiralall, Plaintiff v. Gary Adames and Lease Plan USA, Inc., Defendants, 603444/14

Sudden Stop in Traffic Foreseeable; Partial Summary Judgment on Liability Issue Granted

Practice Areas: Torts , Motor Vehicles

Civil Court, Bronx County, Part 35C

CACH, LLC, Plaintiff v. Frank Sarkodie, Defendant, 10239/14

Assignee's Motion for Summary Judgment To Recover on Credit Card Debt Denied

Practice Areas: Creditors

Civil Court, New York County

Jean Thermidor, Plaintiff v. Pinnacle Uptown, LLC and Slade Industries, Inc, Defendants, TS 300433-10/NY

Elevator Repair Company Granted Summary Judgment in Negligence Action by Resident

Practice Areas: Torts

Supreme Court, Nassau County, Trial/IAS Part 8

William Freely, Plaintiff v. Eric D. Donnenfeld, M.D., and Ophthalmic Consultants of Long Island, Defendants, 601780/13

Patient Fails to Establish Alleged Fraud Claim Separate From Medical Malpractice Action

Practice Areas: Medical Malpractice

Appellate Division, Third Department

Jerica Lee Hicks, an infant, by Terri L. Nolette, her Parent and Guardian, Respondent v. Berkshire Farm Center and Services for Youth, Appellant, et al., Defendant, 518429

Material Issues Preclude Summary Judgment On Negligent Training, Supervision Claims

Practice Areas: Torts

Surrogate's Court, New York County

ESTATE OF JAMES O'BRIEN, Decedent

ESTATE OF JAMES O'BRIEN, Decedent. (13/1174/B,C) — In this contested administration proceeding in the estate of James O'Brien, Carol O'Brien, decedent's surviving spouse, and James O'Brien, Jr., one of decedent's sons, have cross-petitioned for letters of administration.

Surrogate's Court, New York County

ESTATE OF LISA ABRAHAMS, Deceased

ESTATE OF LISA ABRAHAMS, Deceased (12/659/C and D) — On May 21, 2014, this court issued a compliance order in two proceedings commenced by David Charig in the estate of Lisa Abrahams: one pursuant to SCPA 1401, the other pursuant to SCPA 2102 and 2105. The order provided:

Surrogate's Court, New York County

ESTATE OF ANDREW BRONSKY, Deceased

ESTATE OF ANDREW BRONSKY, Deceased. (13/3472) — In this probate proceeding in the estate of Andrew Bronsky, the court has been informed that Arthur J. Teichberg, Esq., counsel for the objectant, has been suspended from the practice of law (see Matter of Teichberg, 121 AD3d 319 [1st Dept 2014]). Accordingly, the probate proceeding is stayed until 30 days after notice to appoint another attorney has been served upon objectant (see CPLR 321 [c]).

Surrogate's Court, New York County

ESTATE OF LISA ABRAHAMS, Deceased

ESTATE OF LISA ABRAHAMS, Deceased. (12/659/B);

Surrogate's Court, Suffolk County

Probate Proceeding, Will of Annette Sabin, Deceased, 2013-538

Court Finds 'Three-Two Rule' Applies, Grants Movants Extension for Special Circumstances

Practice Areas: Trusts and Estates

Surrogate's Court, Bronx County

Estate of Julio Vasquez, Deceased, 2008-643/A

Objections Regarding Conversion by Movant Of Decedent's Items Dismissed, Otherwise Denied

Practice Areas: Trusts and Estates

Surrogate's Court, New York County

In the Matter of the Trusts Created under the Last Will and Testament of Catherine H. Carpenter, Deceased., 1977-6048/B

Lease Holder Denied Dismissal of Trustee's Suit to Terminate Lease, Recover Possession

Practice Areas: Trusts and Estates , Landlord/Tenant Law

Appellate Division, Fourth Judicial Department

Melissa Lazar, Plaintiff-Respondent-Appellant v. Barry D. Lazar, Defendant-Appellant-Respondent (Appeal No. 3.), CA 14-00020

Panel Modifies Maintenance, Child Support Awards in Judgment of Divorce Action

Practice Areas: Family Law

Appellate Division, Third Judicial Department

In the Matter of Judith H. Breselor, Respondent v. Janelle Julien Arciniega, Appellant, 518920

Panel Affirms Family Court Order Granting Grandmother Visitations

Practice Areas: Family Law

Appellate Division, First Department

Anonymous, Plaintiff-Appellant v. William Lerner, Defendant-Respondent, 157590/13; 13974

Panel Rejects Woman's Bid for Anonymity in Fraud Case

Practice Areas: Torts , Emotional Distress , Affirmative Defenses , Consent

Appellate Term, First Judicial Department

Murphy, Karen v. Weitz, Marvin

570725/14 Murphy, Karen v. Weitz, Marvin — 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. Smith, Jeremiah

570050/15 People v. Smith, Jeremiah — 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

Scandinavian Homes LLC v. Rahnbou, Mohammed

570085/15 Scandinavian Homes LLC v. Rahnbou, 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

Surrogate's Court, Queen's County

Accounting of Steven Miller, as Administrator of the Estate of ELAINE MILLER, Deceased

In the Matter of the Accounting of Steven Miller, as Administrator of the Estate of ELAINE MILLER, Deceased, File No. 2011-2841/B—In this accounting proceeding, the New York State Office of Mental Health (OMH) objected, inter alia, to that portion of petitioner's account which rejected its claim for Medicaid services paid on behalf of the decedent. In the account, petitioner alleged that the claim was rejected because OMH had negotiated a settlement with decedent prior to her death for the cost of her care in an amount much less than claimed. He also alleged in the Statement of Pertinent Facts contained in Schedule J that the decedent's death was the direct result of the negligence of OMH and, therefore, OMH's claim, if valid, is offset and exceeded by a claim for decedent's wrongful death. OMH moved for an order dismissing petitioner's "defense" and granting summary judgment allowing its claim.

Appellate Term, First Judicial Department

People v. Blaanding, John

570034/15 People v. Blaanding, John — 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

JDM Washington Street LLC v. Hendricks, Tracie

570083/15 JDM Washington Street LLC v. Hendricks, Tracie — 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. Radin, Lidya

570444/11 People v. Radin, Lidya — 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. Cooblall, Rohan

571006/14 People v. Cooblall, Rohan — 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

Perros-Pineda v. Irvin, Danielle

570095/15 Perros-Pineda v. Irvin, Danielle — 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. Ruiz, Rene

570027/15 People v. Ruiz, Rene — 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. McQueen, Jimmie

570030/15 People v. McQueen, Jimmie — 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, New York County

Petition of Tracy Pannell, as Distributee of the Estate of MYRA ALLEN, Deceased, for Revocation of Letters of Administration, for Issuance of Letters of Administration d.b.n., and to Compel an Account Pursuant to SCPA 2205.

In the Matter of the Petition of Tracy Pannell, as Distributee of the Estate of MYRA ALLEN, Deceased, for Revocation of Letters of Administration, for Issuance of Letters of Administration d.b.n., and to Compel an Account Pursuant to SCPA 2205. File No.: 2013-3304/C/D/E — Pursuant to a stipulation of settlement filed on December 29,2014, Petitioner Tracy Pennell, withdrew the instant application ( 1) for the revocation of letters of administration granted to Respondent Robert R. Pannell in decedent Myra Allen's estate, (2) for the issuance of letters of administration d.b.n. to Petitioner, and (3) to compel Respondent to account, and the proceeding was discontinued (CPLR §3217[a]).

Appellate Term, First Judicial Department

Cooper Associates, LP v. Dominguez, Pedro

570086/1555 Cooper Associates, LP v. Dominguez, Pedro — 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. Walton, Ernie

570033/15 People v. Walton, Ernie — 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

Holy Land Management LLC v. John/Jane Doe

570096/15 Holy Land Management LLC v. John/Jane Doe — 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

Lisco Holdings v. McMillan, James Earl III & McMillan, Janice

570094/14 Lisco Holdings v. McMillan, James Earl III & McMillan, Janice — 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. Blackman, Horatio

570029/15 People v. Blackman, Horatio — 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

Mitchell, Waymon v. M P Plaza, LP

570097/15 Mitchell, Waymon v. M P Plaza, LP — 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

Harlem Valley HDFC v. Williams, James

570084/15 Harlem Valley HDFC v. Williams, James — 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

APF 286 Mad LLC, GAN 286 Madison LLC et al v. RIS Real Properties Inc.

570078/13 APF 286 Mad LLC, GAN 286 Madison LLC et al v. RIS Real Properties 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

People v. Rivera, Juan

570026/15 People v. Rivera, Juan — 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

Promenade Global LLC v. Baez, Wanda

570098/15 Promenade Global LLC v. Baez, Wanda — 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. Richardson, Dwayne

570025/15 People v. Richardson, Dwayne — 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

WHGA Renaissance Apartments LP, v. Jackson, Linda

570976/14 WHGA Renaissance Apartments LP, v. Jackson, Linda — 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

Davis, June v. Town Sports International

570785/14 Davis, June v. Town Sports International — 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. Khramstov, Sergei

570048/15 People v. Khramstov, Sergei — 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, Nassau County

Petition for the Construction of the Last will and Testament of Bess N. Linder, Deceased, 145787/C

Court Find Testator's Intent Can be Ascertained In Trustee's Petition for Construction of Trust

Practice Areas: Trusts and Estates

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

The People of the State of New York, Respondent v. Shatava Barnes, Appellant, 2012-799 K CR

No Discussion of Constitutional Rights Being Waived in Plea Allocution; Judgment Reversed

Practice Areas: Criminal Law

Appellate Division, Fourth Department

In the Matter of the Estate of Anthony J. Thomas, Deceased, CA 13-01911

Petition Sufficiently Stated Cause of Action For Constructive Trust for Two Properties

Practice Areas: Trusts and Estates

Appellate Division, Third Judicial Department

The People of the State of New York, Respondent v. Paul Curry, Appellant, 105843

Panel Modifies Judgment, Vacates Sentence As Only Board of Parole May Impose PRS

Practice Areas: Criminal Law

Appellate Division, Third Department

Robert Miller, Respondent v. State of New York, Appellant, 516950

Wrongful Imprisonment Award to Man Transferred Between Prisons Instead of Released Is Upheld

Surrogate's Court, Richmond County

ESTATE OF SARA DEMOTT, a/k/a SARA ASHLEY ANGELINA DEMOTT, Deceased

ESTATE OF SARA DEMOTT, a/k/a SARA ASHLEY ANGELINA DEMOTT, Deceased. (13/605/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 June 12, 2013 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 $200,000.00 is approved. All proceeds are allocated to the cause of action for personal injury.

Surrogate's Court, Richmond County

LOIS SWANDA

ORDERS SIGNED: MATTER OF LOIS SWANDA; Michael H. DeSantis-2 orders; Carmela Mileo; Alfred J. Sileo; Charlotte Beretey.

Surrogate's Court, Richmond County

NICKOLAS ABONDOLO

DECREES SIGNED: MATTER OF NICKOLAS ABONDOLO; Angeline Kasidonis; Frances K. Guarino; Thomas R. McWeeney; Selma Richardson; Lawrence J. Goldstein; John J. Sein; Steven Motelson; Robert Scios; Dolores Follins; Rose M. Hanning; George Delmar; Ralph Guaraino; Thomas J. Patane.

Surrogate's Court, Richmond County

ESTATE OF TREMAINE, Deceased

ESTATE OF TREMAINE, Deceased. (P-18/02/A/B/C) — The decedent, Ethel Tremaine, died on November 8, 2001. Letters of Trusteeship were issued in the within estate to Janet Marchese and Albert C. Newberg on January 31, 2002.

Surrogate's Court, Richmond County

ESTATE OF RAGIONE, Deceased

ESTATE OF RAGIONE, Deceased. (14/881) — In this Probate proceeding, it appears that Michael Della Ragione, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Richmond County

ESTATE OF VINACCIA, Deceased

ESTATE OF VINACCIA, Deceased. (13/535) — Petitioner seeks to admit to probate a testamentary instrument, dated December 19, 1996, 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, Richmond County

GUARDIANSHIPS MATTER OF STEPHANIE ANGELA PEREZ

GUARDIANSHIPS MATTER OF STEPHANIE ANGELA PEREZ; Jurelle Simone Sutton; Robert F. Ford; Anthony Natale D'Albora; Nicholas George Plunkett; Richard John Sydlo.

Surrogate's Court, Richmond County

ESTATE OF CLARE RICH a/k/a CLARE M. RICH, Deceased

ESTATE OF CLARE RICH a/k/a CLARE M. RICH, Deceased. (14/1219) — Petitioners seek probate of a propounded instrument, dated February 9, 2006, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to them.

Appellate Term, Second Judicial Department

PREMIUM 600 REALTY CORP. v. BROWN

2014-2602 K C. PREMIUM 600 REALTY CORP. v. BROWN — 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, dated November 13, 2014.

Appellate Term, Second Judicial Department

PEOPLE v. BORST, ALAN2013-1189 W CR. PEOPLE v. BORST, ALAN

2013-1189 W CR. PEOPLE v. BORST, ALAN — 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 Justice Court of the Village of Mamaroneck, Westchester County, rendered May 2, 2013, in effect, to reinstate and continue a stay of the revocation of his driver's license, which stay was granted as part of a stay of enforcement of the judgment of conviction by the Supreme Court, Westchester County, on June 4, 2013. The stay of enforcement of the judgment of conviction was continued by decision and order on motion of this court dated October 3, 2013. The stay of the revocation of defendant's driver's license was reinstated and continued by decision and order on motion of this court dated January 15, 2014 and again by decision and order on motion of this court dated September 4, 2014.

Appellate Term, Second Judicial Department

1400 OLD COUNTRY RD., LLC v. LAW OFFICES OF MATTHEW S. SEIDLER2014-2604 N C. 1400 OLD COUNTRY RD., LLC v. LAW OFFICES OF MATTHEW S. SEIDLER

2014-2604 N C. 1400 OLD COUNTRY RD., LLC v. LAW OFFICES OF MATTHEW S. SEIDLER — 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 District Court of Nassau County, First District, dated October 29, 2014, and for leave to appeal from that order. Cross motion by respondents to dismiss the appeal.

Appellate Term, Second Judicial Department

TO TAT YEUNG v. TASTY HOUSE 18, LLC

2015-14 Q C. TO TAT YEUNG v. TASTY HOUSE 18, 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 — Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 23, 2014.

Surrogate's Court, Richmond County

ESTATE OF MATHAI, Deceased

ESTATE OF MATHAI, Deceased. (14/482) — In this contested matter, decedent's two children from a prior marriage, object to the petition for letters of administration filed by Saramma George, the decedent's wife, their step-mother. The Objectants claim that the Petitioner is unfit for appointment as a fiduciary due to her dishonesty, hostility and potential improvident handling of the decedent's estate. Additionally, Objectants question the validity of decedent's marriage to the Petitioner, allege that decedent did in fact have a will, compelled its production, and have cross-petitioned that letters of administration be issued to Sheeba George, one of the Objectants. The Petitioner has moved for summary judgment dismissing all the claims made by the Objectants stating they are frivolous, without merit and that the Petitioner has a statutory right to receive letters of administration.

Surrogate's Court, Richmond County

ESTATE OF GOTTLIEB, Deceased

ESTATE OF GOTTLIEB, Deceased. (06/619/M) — This 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. This Court, by prior Orders, granted compromise applications as against several co-defendants. Limitations remained within the Letters Testamentary as against non-settling defendants. The instant application seeks to compromise the action against additional settling defendants.

Surrogate's Court, New York County

ESTATE OF MARION HARFIELD, Deceased

ESTATE OF MARION HARFIELD, Deceased. (99/2962 I/J) — This unopposed application by the co-trustees of a trust created under decedent's will for permission for one of the co-trustees to resign and appointment of a successor co-trustee is granted. Letters of trusteeship previously issued to Andrew W. Regan are hereby revoked. Letters of successor trusteeship shall issue to Orin Herskowitz, who shall serve as co-trustee in conjunction with Sarah Pie upon his qualifying according to law.

Appellate Term, Second Judicial Department

KUNEY v. MANCINI2014-2156 W C. KUNEY v. MANCINI

2014-2156 W C. KUNEY v. MANCINI — 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 Peekskill Travel Bureau to dismiss an appeal from a judgment of the City Court of Peekskill, Westchester County, entered January 29, 2014, or, in the alternative, to strike the appellant's brief.

Appellate Term, Second Judicial Department

VILLAGE OF NYACK HOUS. AUTH. v. DEMOSTHENE2015-26 RO C. VILLAGE OF NYACK HOUS. AUTH. v. DEMOSTHENE

2015-26 RO C. VILLAGE OF NYACK HOUS. AUTH. v. DEMOSTHENE — 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 Justice Court of the Town of Clarkstown, Rockland County, entered April 15, 2014.

Appellate Term, Second Judicial Department

PEOPLE v. LAWSON, DWIGHT W.2014-1949 S CR. PEOPLE v. LAWSON, DWIGHT W.

2014-1949 S CR. PEOPLE v. LAWSON, DWIGHT W. — 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 — Purported motion by appellant, by order to show cause, for leave to reargue his prior motion for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered August 4, 2014, as a poor person, and for the assignment of counsel, which prior motion was determined by decision and order on motion of this court dated October 17, 2014.

Surrogate's Court, New York County

ESTATE OF LORI ANN UDELL, Deceased

ESTATE OF LORI ANN UDELL, Deceased, (08/2555A/B/C) — The causes of action commenced by Petitioner, as Administrator of decedent's estate and on behalf of decedent's distributees, was settled among the parties and judicially approved as reflected in an Amended Order, dated July 28, 2014, issued by the Honorable George J. Silver in New York County Supreme Court. Said Order further attributed the proceeds of the settlement to decedent's cause of action for conscious pain and suffering. Counsel's fees and disbursements were fixed and approved. Finally, the Amended Order directed Petitioner to file an application in this Court for allocation and distribution of the net proceeds on behalf of decedent's estate.

Appellate Term, Second Judicial Department

LOTUS ACUPUNCTURE, P.C. A/A/O DISLA v. STATE FARM MUT. AUTO. INS. CO.

2012-2423 Q C. LOTUS ACUPUNCTURE, P.C. A/A/O DISLA v. STATE FARM MUT. AUTO. INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 28, 2012, which was determined by decision and order of this court dated August 20, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

Appellate Term, Second Judicial Department

STEPHENSON v. 305 REALTY NY, LLC

2014-2442 K C. STEPHENSON v. 305 REALTY NY, 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 appellants for a stay pending the determination of an appeal from orders of the Civil Court of the City of New York, Kings County, entered March 18, 2014 and September 29, 2014. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellants' motion.

Appellate Term, Second Judicial Department

STEPHENSON v. 305 REALTY NY, LLC

2014-2442 K C. STEPHENSON v. 305 REALTY NY, 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 appellants for a stay pending the determination of an appeal from orders of the Civil Court of the City of New York, Kings County, entered March 18, 2014 and September 29, 2014, respectively. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellants' motion.

Appellate Term, Second Judicial Department

PEOPLE v. LAWSON, DWIGHT W.2014-1949 S CR. PEOPLE v. LAWSON, DWIGHT W.

2014-1949 S CR. PEOPLE v. LAWSON, DWIGHT W. — 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 — Purported motion by appellant, by order to show cause, pursuant to CPL 460.50, for a stay of execution of a judgment of conviction of the District Court of Suffolk County, First District, rendered August 4, 2014.

Surrogate's Court, Richmond County

ESTATE OF FOGERTY, Deceased

ESTATE OF FOGERTY, Deceased. (13/754/A) — This is an application for the appointment of a successor trustee of an Irrevocable Living Trust. The grantor/trustee has died and all nominated successor trustees have predeceased the grantor/trustee.