State Court Decisions

City Court, Albany County

Pena v. Lockenwitz, LT-391-16/CO

Landlord's Unlawful Retaliatory Conduct Altered Tenant's Obligation to Pay Rent

LT-391-16/CO
Judge Thomas Marcelle

Civil Court, Queens County, Housing Part O

Brooks Family Holdings LLC v. Doe, 65263/15

Court Rules Landlord Responsible to Provide Heat to Premises in Subject Nonpayment Suit

65263/15
Judge Clifton Nembhard

Civil Court, Kings County, Housing Part S

475 Ocean Avenue Partners LLC v. Enwereuzonh, 54274/16

Landlord Fails to Show Landlord/Tenant Relationship to Be Basis for Nonpayment Suit

54274/16
Judge Howard Baum

Civil Court, New York County, Housing Part

Wick Holding Corp. v. Montes, 66469/2015

Tenant Granted Partial Summary Judgment Dismissing Claim for Possessory Judgment

66469/2015
Judge Michael Weisberg

Civil Court, New York County, Housing Part H

1802 Associates L.P. v. Arias, L&T 53046/16

Court Finds Notice of Termination Insufficient, Cannot be Amended; Holdover Suit Dismissed

L&T 53046/16
Judge Michelle Schreiber

Supreme Court, New York County, Part 15

James Leonard 6, Inc. v. Six & Cornelia Associates, 160161/2015

Tenant's Security Deposit Claim Dismissed; Landlord Entitled to Re-Letting Damages

160161/2015
Justice Eileen Rakower

Supreme Court, New York County, Part 35

Tsang, Bernice, Plaintiff v. Dong, Yonghan, Defendant, 150970/16

Suit Dismissed in Case Where Client's Alleged Antics Caused Lost Business

150970/16
Justice Carol Edmead

New York State, Court of Appeals

In the Matter of Steven Glickman, Respondent, v. Zackary Laffin et al., Appellants, et al., Respondents. (Proceeding No. 1.) (And Another Related Proceeding.), No. 187

No. 187
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Supreme Court, Nassau County, Trial/IAS Part 6

Hasupha Bryant, Plaintiff v. Festival Fun Parks, LLC d/b/a Splish Splash, Defendant, 604240/14

604240/14
Justice Thomas Feinman

Supreme Court, New York County, Part 46

Rubin Law, PLLC, Petitioner v. Hon. Milton A. Tingling as Clerk of New York County, Respondent, 102190/2015

Law Firm's Petition Against County Clerk Denied; Clerk's Witness Lacked Direct Knowledge if Prior Clerk Delegated His Authority to Enter Orders Electronically to Supreme Court Employees, and Thus if Court Clerk Who Filed Order Had Been Delegated Authority to Enter That Order

102190/2015
Justice Lucy Billings

Supreme Court, Franklin County

Matter of Sabino v. LaClair, 2016-143

Inmate's Claims of Remaining Time Owed, Ineffective Assistance of Counsel Meritless

2016-143
Justice Peter Feldstein

Village Court, Westchester County

The People v. C.C., 5215-16

Banging on Car Window, Threatening Occupant Exceeds Limits of First Amendment Freedom

5215-16
Village Justice David Otis Fuller, Jr.

Supreme Court, Nassau County, Trial/IAS Part 6

Wynkoop v. County of Nassau, 1175/15

Highway Law §139(2) Inapplicable to Impose Liability on County in Personal Injury Suit

1175/15
Justice Thomas Feinman

Appellate Term, 9th & 10th Judicial Districts

The People v. Oliva, 2014-1493 W CR

Evidence Sufficient to Support Conviction Of Lesser-Included Offense of DWAI

2014-1493 W CR
Before: Marano, P.J., Iannacci and Brands, JJ.

Surrogate's Court, New York County

Estate of Christopher, 2013-1310

Court Finds Allegations Did Not Mandate Disqualification Under Advocate-Witness Rule

2013-1310
Surrogate Nora Anderson

Appellate Division, First Department

Rebecca Broadway v. Hotton, 65369/12

Appellate Ruling Sets the Stage for Trial in Broadway Scandal

65369/12
Before: Friedman, J.P., Acosta, Renwick, Saxe, Kapnick, JJ.

Appellate Division, Second Department

People v. David Brown, 2299/08

Defense Counsel Faulted; Panel Vacates Convictions

2299/08
Before: Chambers, J.P., Dickerson, Duffy, Nelson, JJ.

Supreme Court, Nassau County, Trial/IAS Part 6

Matter of Liberty Mutual Ins. Co. v. Iphael, 605229/15

Insurer Granted Stay of Uninsured Motorist Arbitration as Other Vehicle Had Coverage

605229/15
Justice Thomas Feinman

Appellate Term, 9th & 10th Judicial Districts

The People v. Wrenn, 2014-199 N CR

DWI Conviction Supported by Legally Sufficient Evidence; Refusal Conviction Reversed

2014-199 N CR
Before: Marano, P.J., Garguilo and Brands, JJ.

Criminal Court, Bronx County, Part AP-3

The People v. Buchholz, 2015BX057198

Defendant Fails to Meet Burden Showing Statute Unconstitutional; Dismissal Denied

2015BX057198
Judge Armando Montano

Criminal Court, New York County, BTP1 Part

The People v. Daghmoumi, 2016NY028371

Tickets for Entertainment Services Do Not Require General Vending License

2016NY028371
Judge Lyle Frank

Criminal Court, New York County, Part B

The People v. McLaughlin, 2015NY080091

Information Charging Imitation Controlled Substance Facially Insufficient, Dismissed

2015NY080091
Judge Heidi Cesare

Surrogate's Court, New York County

Matter of Corn, 1997-3016A

Co-Executors Granted Summary Judgment Dismissing Most Objections by Respondent

1997-3016A
Surrogate Nora Anderson

Family Court, Kings County

Matter of Maria N. v. Kelly N., O-12093-16

Vacatur of Default Final Orders of Protection Denied for Lack of Reasonable Excuse

O-12093-16
Judge Javier Vargas

City Court, Westchester County

The People v. Victor, 2015-1461

Court Lacks Jurisdiction to Entertain Motion To Compel Providing Non-Testimonial Evidence

2015-1461
Judge Reginald Johnson

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

The People v. Kiselyov, 2013-1038 K CR

Court's Failure to Recite Waived Constitutional Rights Did Not Invalidate Voluntary Plea

2013-1038 K CR
Before: Pesce, P.J., Solomon and Elliot, JJ.

Criminal Court, New York County, Part B

The People v. Kinfe, 2016NY007630

Defendant Exercised Dominion Over Money; Dismissal for Facial Insufficiency Denied

2016NY007630
Judge Heidi Cesare

Civil Court, New York County

Missionary Sisters v. Lavelle, L & T 82568/2014

Issues of Fact Raised, Not Subject To Summary Determination in Holdover Suit

L & T 82568/2014
Judge Sabrina Kraus

Supreme Court, New York County, Part 30

Rodriguez v. State Farm Mutual Automobile Ins. Co., 158604/15

Insurers' Motion to Dismiss for Untimely Service, Lack of Complaint Granted

158604/15
Justice Sherry Klein Heitler

Appellate Division, Second Department

People v. Alshawn Holiday, 3672/10

New Trial Ordered in Wake of Prosecutor's 'Appeal to Sympathies'

3672/10
Before: Balkin, J.P., Miller, Hinds-Radix, Nelson, JJ.

Surrogate's Court, St. Lawrence County

In the Matter of the Beltran-Kropp Foundation, by Declaration of Trust dated September 28, 1989, 2014-50960

Disposition Directive Executed by Trustee Was Valid Exercise of Powers Given Him as Trustee by Declaration of Trust; Successor Trustee Cannot Revise, Restate, or Revoke Disposition Directive

2014-50960
Surrogate John Richey

Surrogate's Court, Bronx County

Estate of James Mangum

Order signed; 2015-1641/A - Estate of James Mangum; Decree signed; 2016-1437 - Estate of Beryl Sills; Decree signed; 2016-1344 - Estate of Susie Merchant; Decree signed; 2016-1141/A - Estate of Florida Lumi; Decree signed; 2016-570 - Estate of William Clark; Decree signed; 2014-2793/A - Estate of Earl Smith; Decree signed; 2016-778 - Estate of Colin Lewis; Decree signed; 2016-871 - Estate of Miriam Valcarcel; Decree signed; 2015-1042/A - Estate of Kathleen Collins; Decree signed; 2016-988 - Estate of Darryl Williams; Decree signed; 2016-1336 - Estate of John P Carlin Jr; Decree signed; 2015-1003 - Estate of Claude Errington Williams; Decree signed; 2015-2330 - Estate of Troy Lewis; Decree signed; 2016-913 - Estate of William Hoppmann; Decree signed; 2016-1013 - Estate of Pedro Lucero; Decree signed; 2016-845 - Estate of Austin Donkor; Decree signed; 2016-810 - Estate of Gail Pinkney; Decree signed; 2016-917 - Estate of Giuseppe Rao; Decree signed; 2016-688 - Estate of Maria C Torres; Decree signed; 2016-919 - Estate of Melvin Berry; Decree signed; 2016-684 - Estate of Jesus Gonzalez; Decree signed; 2016-600 - Estate of Michael Guagenti Jr; Decree signed; 2016-1516 - Estate of Emily White; Decree signed; 2016-1734 - Estate of Dayoli Ventura; Decree signed; 2016-1533 - Estate of Ronald H Reid; Decree signed; 2013-909/A - Estate of Pedro Torres; Decree signed; 2010-2443/A - Estate of Satnam Singh; Decree signed; 2015-2956 - Estate of Joseph Mizzi; Decree signed; 2016-1134 - Estate of Elsa Moreno

2015-1641/A
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. ALLISON VERNICK-CHAIKIN, app

2014-904 S CR. THE PEOPLE, res, v. ALLISON VERNICK-CHAIKIN, app — Appeal from a judgment of the District Court of Suffolk County, First District (Chris Ann Kelley, J.), rendered February 10, 2014. The judgment convicted defendant, upon a jury verdict, of assault in the third degree. The appeal from the judgment of conviction brings up for review (1) so much of an order of the same court dated December 4, 2012 as denied the branch of defendant's motion seeking to dismiss the accusatory instrument in furtherance of justice, (2) so much of an order of the same court dated May 22, 2013 as denied the branch of defendant's motion seeking to dismiss the accusatory instrument on statutory speedy trial grounds, and (3) an order of the same court dated December 17, 2013 which denied defendant's posttrial motion to set aside the jury's verdict and to dismiss the accusatory instrument.

2014-904 S CR
: Iannacci, J.P., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. ALLISON VERNICKCHAIKIN, app

2014-904 S CR. THE PEOPLE, res, v. ALLISON VERNICKCHAIKIN, app — Iannacci, J.P., dissents and votes to reverse the judgment of conviction and dismiss the accusatory instrument, either by granting the branch of defendant's motion seeking to dismiss the accusatory instrument in furtherance of justice, pursuant to CPL 170.30 (1) (g), or, in the alternative, as a matter of discretion in the interest of justice, pursuant to CPL 470.15 (3) (c), in the following memorandum:

2014-904 S CR
: Iannacci, J.P., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SCHLAGLER, ANDREW

2016-01645 OR CR. THE PEOPLE v. SCHLAGLER, ANDREW — Application by the appellant pursuant to Criminal Procedure Law 460.50 for a stay of sentence from a judgment of conviction of the City Court of Middletown, Orange County, rendered May 20, 2016.

2016-01645 OR CR
: Garguilo, J.J.

Surrogate's Court, Richmond County

ESTATE OF EVELLEN MATOS, Deceased

ESTATE OF EVELLEN MATOS, Deceased (09/1006/A) — The limited administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters of Administration issued by this Court on November 23, 2009, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.

09/1006/A
Surrogate Gigante

Surrogate's Court, Richmond County

ELISE A. STROM

ORDERS SIGNED: MATTER OF ELISE A. STROM; Kathleen A. Sullivan-2 orders; Becky Zalewski; Christopher Wm. Pallotta; Rita Fantino; Phyllis Sottile; Helen Bregulla; Patricia A. Glorioso; Thomas K. Choi-2 orders; Kevin McCarthy.


Surrogate Gigante

Surrogate's Court, Richmond County

CAROLINE MICHELLE HALEY

MATTER OF CAROLINE MICHELLE HALEY; Jake A. Meyer; Kaitlyn Murray; Malik Daril Rutland; Jason Fisher.


Surrogate Gigante

Surrogate's Court, Richmond County

VINCENT DEROSA

DECREES SIGNED: MATTER OF VINCENT DEROSA; William J. Lynch; Eric Holmes; Stephen J. McFadden; Rita F. Clohessy; Antoinette Padavano; Rosario Scollo; Anthony Pescatore; Wanda LaManna; Helen Sigman; Fred M. Madorma; Joseph Moschella; Elizabeth Pucciarelli; Joseph DeSisto; Robert J. Deppe; Patricia Pape.


Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF HARRY ROBERT BOLTEN, A/K/A HARRY BOLTEN, A/K/A HARRY R. BOLTEN, Deceased

ESTATE OF HARRY ROBERT BOLTEN, A/K/A HARRY BOLTEN, A/K/A HARRY R. BOLTEN, Deceased (16/37) — Petitioners seek to admit to probate a testamentary instrument, dated January 23, 2003, which purports to be the Last Will and Testament of the within decedent and to issue Limited and Restricted Letters Testamentary to the petitioners herein.

16/37
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF STEVEN M. LEVINE, Deceased

ESTATE OF STEVEN M. LEVINE, Deceased (15/906) — In this Probate proceeding, it appears that Makalya N. Corbin, an Infant, is a necessary party, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

15/906
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF MARY ANN MELISI, Deceased

ESTATE OF MARY ANN MELISI, Deceased (15/1110/A) — In this proceeding, the petitioner, Andrew Melisi, husband of Mary Ann Melisi, deceased, has requested, pursuant to EPTL 2-1.11(b)(2), an extension of the time to file and serve a renunciation of his distributive share.

15/1110/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF CHRISTEN BAILEY, A/K/A CHRISTEN HERB BAILEY, Deceased

ESTATE OF CHRISTEN BAILEY, A/K/A CHRISTEN HERB BAILEY, Deceased (15/225/A) — The Limited Administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters of Administration issued by this Court on May 11, 2015, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.

15/225/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF JOSE NEGRON, Deceased

ESTATE OF JOSE NEGRON, Deceased (10/186) — In this Petition for the Judicial Settlement of the Account of the fiduciary for this estate, the Administrator, Ileana Negron, has moved that she not be required to pay the required fee to file her Accounting until after June 24, 2016, citing personal financial considerations.

10/186
Surrogate Gigante

Surrogate's Court, Bronx County

Guardianship of Muriel Fabrikant

Decree signed; 2013-691/D -Guardianship of Muriel Fabrikant

2013-691/D
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Ramgopaul Mahabir

Order signed; 2009-2835/B - Estate of Ramgopaul Mahabir; Order signed; 2013-1607/A - Estate of Dom Masters

2009-2835/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Donovan Denzel Collins

Order signed; 2008-1807/A - Estate of Donovan Denzel Collins; Order signed; 2016-1365 - Estate of Alexander William Brown; Order signed; 180G2005 - Estate of David Joshua Romero; Order signed; 2016-1172 - Estate of Nargis Islam; Order signed; 251G2001 - Estate of Christopher Joseph Amato

2008-1807/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Vladimir Makarov

Order signed; 2011-1030/A - Estate of Vladimir Makarov; Order signed; 2013-626/E - Estate of Linda Lavonda Richburg James; Order signed; 2013-626/C - Estate of Linda Lavonda Richburg James; Order signed; 2013-626/D - Estate of Linda Lavonda Richburg James; Decree signed; 2014-2708/A - Estate of Hermine Unger

2011-1030/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Rosina Porelli

Order signed; 2014-33 - Estate of Rosina Porelli; Order signed; 2011-1789/A - Estate of Mary Wiles; Order signed; 2010-1250/A - Estate of Leopold Powell; Order signed; 2016-1746 - Estate of Phyllis Lydia White; Order signed; 2016-1658 - Estate of Robert Chieffo; Order signed; 2016-1606 - Estate of Thelma Randolph; Order signed; 2016-873/A - Estate of Arlene Verno; Order signed; 2016-873/A - Estate of Arlene Verno; Decree signed; 2016-1545 - Estate of Stanley Lorick; Decree signed; 2016-1299 - Estate of Giuseppe Battista; Decree signed; 2016-1555 - Estate of Luis M. Colon-Nater; Decree signed; 2016-1656 - Estate of Rena Patterson; Decree signed; 2016-1583 - Estate of Orpha Roman; Decree signed; 2016-1060/A - Estate of Bruce Davidson; Decree signed; 2009-2104/B - Estate of Yuen Gee; Decree signed; 2016-544 - Estate of John Jones; Decree signed; 2016-1060 - Estate of Bruce Davidson

2014-33
Surrogate Malave-Gonzalez

Supreme Court, Albany County

Matter of Protect the Adirondacks! v. Department of Environmental Conservation, 2137-13

Injunction That Stalled Snowmobile Trail Is Lifted

2137-13
Acting Justice Gerald Connolly

Supreme Court, New York County

State of New York v. Ralph P., 30125-2014

Judge Rejects Diagnosis for Civil Confinement

30125-2014
Justice Daniel Conviser

Supreme Court, New York County, IAS Part Three

Fragin v. First Funds Holdings, 652673/2014

Judge Orders Moses & Singer to Hand Over Docs Under Crime-Fraud Rule

652673/2014
Justice Eileen Bransten

Supreme Court, Warren County

Brauner v. Donmik Gallery Painting, Inc., 58304

Leave to Renew, Reargue Granted, Upon Same Warrant of Commitment Granted Plaintiff

58304
Justice Robert Muller

Supreme Court, Westchester County

Medina v. Ferrari, 58207/2014

Motion to Preclude Evidence Defendant Inebriated, Convicted of DWI Granted

58207/2014
Justice Terry Jane Ruderman

Supreme Court, Queens County, IA Part 30

Labrinos v. Vornado Realty Trust, 701066-2013

Fact Issues of Worker's Own Contributory Negligence Preclude Summary Judgment

701066-2013
Justice Chereé A. Buggs

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

Metro Health Products, Inc. v. Nationwide Ins., 2014-2609 K C

Civil Court Properly Granted Insurer's Motion Dismissing Provider's No-Fault Complaint

2014-2609 K C
Before: Pesce, P.J., Solomon and Elliot, JJ.

Civil Court, Bronx County, Housing Part K

Gonzalez v. Dieudonne, 15151/16

LINC Program Rider Clear, Parties Bound By Automatically Renewing One Year Lease

15151/16
Judge Kimon Thermos

Supreme Court, New York County

At Last Sportswear, Inc. v. North American Textile, Co., LLC, 651781/2013

Plaintiff Granted Default Judgment on Contract Breach Claim, Inquest Ordered on Damages

651781/2013
Justice Eileen Bransten

Appellate Division, First Department

Morgan Stanley Mtge. Loan Trust 2006-13ARX v. Morgan Stanley Mtge. Capital Holdings LLC, 653429/12

Alleged Failure to Notify Trustee of Defective Loans Gave Rise to Independent Breach Claim

653429/12
Before: Mazzarelli, J.P., Moskowitz, Richter, Gische, JJ.

Surrogate's Court, New York County

ESTATE OF ANN LOPKOVITZ, Deceased

ESTATE OF ANN LOPKOVITZ, Deceased (09/3778/B) — The identity of decedent's distributees, maternal and paternal first cousins, was determined in a prior accounting proceeding brought by the Public Administrator. Two paternal cousins had post-deceased decedent, and the court directed that their shares be distributed to their heirs-at-law who had been granted Certificates of Inheritance establishing their rights to inherit the distributees' respective estates under the law of the Republic of Belarus, where they were domiciled (Matter of Lopkovitz, NYLJ, Dec. 4, 2013, at 22 col. 3).

09/3778/B
Surrogate Anderson

Appellate Term, Second Judicial Department

89 HICKS ST., LLC v. JOHNSON

2016-01236 K C. 89 HICKS ST., LLC v. JOHNSON — Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered April 15, 2016. Cross motion by respondent for a preference in the calendaring of the appeal

2016-01236 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BROWN STAR, INC.

2016-1726 S CR. PEOPLE v. BROWN STAR, INC. — Appeal from a judgment of conviction of the District Court of Suffolk County, Second District, rendered August 23, 2013, and from an order of the same court entered June 6, 2016. The notice of appeal was filed on June 30, 2016.

2016-1726 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BROWN STAR, INC.

2016-1804 S CR. PEOPLE v. BROWN STAR, INC. — Appeal from a judgment of conviction of the District Court of Suffolk County, Second District, rendered September 20, 2013, and from an order of the same court entered June 6, 2016. The notice of appeal was filed on June 30, 2016.

2016-1804 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. INFINITE GREEN, INC.

2016-1807 S CR. PEOPLE v. INFINITE GREEN, INC. — Appeal from a judgment of conviction of the District Court of Suffolk County, Second District, rendered December 7, 2009, and from an order of the same court entered April 15, 2016. The notice of appeal was filed on June 30, 2016.

2016-1807 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. TRINCHE, PETER

2016-1544 N CR. PEOPLE v. TRINCHE, PETER — Appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 18, 2016. On the court's own motion, it is

2016-1544 N CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. RODRIGUEZ, SUSANO

2016-01142 Q CR. PEOPLE v. RODRIGUEZ, SUSANO — Application by defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Queens County, entered March 16, 2016, which has been referred to me for determination.

2016-01142 Q CR
: Pesce, P.J.

Appellate Term, Second Judicial Department

DURAN v. ALVAREZ

2013-2658 N C. DURAN v. ALVAREZ — Motion by appellant to leave to reargue an appeal from a judgment of the District Court of Nassau County, First District, entered November 14, 2013, which was determined by decision and order of this court dated April 16, 2015, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2013-2658 N C
: Garguilo, J.P., Marano, Connolly, JJ.

Appellate Term, Second Judicial Department

EURO DESIGN BUILDING CORP. v. MAZEL V. BRACHA, LLC

2016-1426 Q C. EURO DESIGN BUILDING CORP. v. MAZEL V. BRACHA, LLC — Motion by appellants for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Queens County, dated May 23, 2016.

2016-1426 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

YWCA OF BROOKLYN v. TYLER

2016-1369 K C. YWCA OF BROOKLYN v. TYLER — 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 June 13, 2016.

2016-1369 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

WM REALTY, LLC v. WEINGARTEN

2015-1481 K C. WM REALTY, LLC v. WEINGARTEN — Motion by respondent for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 11, 2015, which was determined by decision and order of this court dated June 15, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2015-1481 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

MONMAR PLAZA, L.P. v. NEW LIFE IN CHRIST MINISTRIES

2015-2734 K C. MONMAR PLAZA, L.P. v. NEW LIFE IN CHRIST MINISTRIES — Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated August 11, 2015, to reinstate and continue a stay granted by decision and order on motion of this court dated January 26, 2016 and vacated by decision and order on motion of this court dated May 16, 2016.

2015-2734 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

1646 UNION, LLC v. SIMPSON

2015-2100 K C. 1646 UNION, LLC v. SIMPSON — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to vacate a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016 and May 16, 2016, respectively. Separate motion by appellant to continue the stay.

2015-2100 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ANDREWJORJIKIA, res, v. CITY PEDICAB, INC., app

2015-422 K C. ANDREWJORJIKIA, res, v. CITY PEDICAB, INC., app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered October 29, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,000.

2015-422 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. WEEKS, ERNA

2016-01153 K CR. PEOPLE v. WEEKS, ERNA — 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 April 26, 2016, as a poor person, and for the assignment of counsel.

2016-01153 K CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

BDL REAL ESTATE DEV. CORP. v. LASHLEY

2016-1451 K C. BDL REAL ESTATE DEV. CORP. v. LASHLEY — 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 June 13, 2016.

2016-1451 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BROWN STAR, INC.

2016-1806 S CR. PEOPLE v. BROWN STAR, INC. — Appeal from a judgment of conviction of the District Court of Suffolk County, Second District, rendered February 27, 2015, and from an order of the same court entered June 6, 2016. The notice of appeal was filed on June 30, 2016.

2016-1806 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

GIARAMITA v. BRAUNSBERG

2016-926 RI C. GIARAMITA v. BRAUNSBERG — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered April 24, 2015, for failure to prosecute.

2016-926 RI C
: Pesce, P.J., Solomon, Elliot, JJ.

Surrogate's Court, New York County

ESTATE OF MAURINE CHRISTOPHER, Deceased

ESTATE OF MAURINE CHRISTOPHER, Deceased (13/1310);

13/1310
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF HARRISON J. WEISNER, Grantor

ESTATE OF HARRISON J. WEISNER, Grantor (04/1974/B) — At the call of the August 10, 2016 calendar, in a proceeding pursuant to EPTL 11-2.4 (e) (2) (B), the court dismissed the motion of one of the objectants, successor co-trustee Murray T. Koven, for an order directing his co-trustee, Ira L. Slade, to pay the former's attorneys' fees from the trust. The motion, containing a request for relief not sought in a pleading (see SCPA 302 [1] [a]), was procedurally infirm.

04/1974/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MAURINE CHRISTOPHER, Deceased

ESTATE OF MAURINE CHRISTOPHER, Deceased (13/1310/A,B) — Pending in this estate are a contested probate proceeding and a proceeding to revoke preliminary letters testamentary. Decedent's brother John D. Brooks, Jr. ("movant"), who is objectant in the probate proceeding and petitioner in the revocation proceeding, seeks, in both proceedings, to disqualify counsel for Santos Molina ("respondent"), proponent of the will and preliminary executor. Specifically, movant seeks to disqualify three lawyers from the law firm of Eaton and Van Winkle, and the firm itself, on the ground that their representation violates the advocatewitness rule. Movant also seeks an order denying all counsel fees to the firm.

13/1310/A,B
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF LUIS GONZALEZ, Deceased

ESTATE OF LUIS GONZALEZ, Deceased (11/3454/BCD) — The proposed compromise of a cause of action for decedent's personal injury is approved. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases.

11/3454/BCD
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased (84/2195/I) — At the call of the August 10, 2016 calendar, upon a representation by petitioner's counsel that Aaron A. Woodward, III, former guardian of the property of Diane L. Basie, had substantially complied with the court's December 14, 2014 Decision and order, the court denied petitioner's application to have Mr. Woodward held in contempt.

84/2195/I
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF KATHLEEN FRANCIS CARTER, Deceased

ESTATE OF KATHLEEN FRANCIS CARTER, Deceased (03/0508/A) — At the call of the calendar on August 10, 2016, the return date in this motion by Kurt Kohler, legatee under the will of decedent, for an order extending the time for filing his objections to the appointment of co-Administrators c.t.a., the motion was granted. Movant showed that he no longer resides at the address where citation in this proceeding was mailed to him and explained that he only belatedly learned about this proceeding, thus offering a reasonable excuse for any default in appearing and filing objections. Moreover, movant's proposed objections are not frivolous.

03/0508/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF JIMMIE GREEN, Deceased

ESTATE OF JIMMIE GREEN, Deceased (90/3241/A) — At the call of the calendar on August 10, 2016, the court denied the motion of certain objectants to dismiss a claim of another objectant, Eugene Green, in this accounting by the New York County Public Administrator for the estate of decedent Jimmie Green.

90/3241/A
Surrogate Mella

Supreme Court, New York County

Matter of Time Warner Cable News NY1 v. New York City Police Department., 150305/2016

Judge Questions NYPD Invoice to Media for Video

150305/2016
Justice Kathryn Freed

Criminal Court, New York County, Part B

People v. Daniel Velez, 2015CN008005

Marijuana Charge Tossed in Case Where Joint Was Discarded

2015CN008005
Judge Heidi Cesare

Supreme Court, Suffolk County, IAS Part 25

E*Trade Bank v. Spivey, 0946-2014

Plaintiff Establishes Standing, Entitlement To Summary Judgment in Foreclosure Action

0946-2014
Justice Glenn Murphy

District Court, Nassau County, L&T Part

Park Lake Residences, LP v. Patterson, LT-006559-15

Trial Mandated on Issues of Fact if Waiver, Estoppel Warranted in Summary Proceeding

LT-006559-15
Judge Scott Fairgrieve

Civil Court, Kings County, Housing Part G

1120 Bergen Str. LLC v. Beckford, 062365/2016

Predicate Notice Stating One Misconduct Act Insufficient to Support Nuisance Allegation

062365/2016
Judge Marcia Sikowitz

Civil Court, Kings County, Housing Part B

Matter of Morataya v. For Judgment Pursuant to Article 7A of the Real Property Actions and Proceedings Law Premises, HP 97460/2010

Violations on Separate Property Denies Owners' Motion to Remove Article 7A Administrator

HP 97460/2010
Judge Susan Avery

Civil Court, Bronx County, Housing Part L

Morris Ave. Equities Corp. v. Guzman, 073024/14

Tenant Prevailing Party, Entitled to Attorney Fees Despite No Actual Payment Made

073024/14
Judge Steven Weissman

Civil Court, New York County, Housing Part C

Threadneedle Shipping Corp. v. Johnson, 60571/2016

Respondent Denied Summary Judgment To Dismiss Petitioner's Holdover Proceeding

60571/2016
Judge Jack Stoller

Appellate Division, First Department

Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts. Corp., 653048/13

2015 Court of Appeals Ruling Mandates 2014 Breach Action's Dismissal as Time-Barred

653048/13
Before: Acosta, J.P., Renwick, Saxe, Richter, Gische, JJ.

Surrogate's Court, New York County

ESTATE OF ANNA CORN, Deceased

ESTATE OF ANNA CORN, Deceased (97/3016A) — Before the court is the co-executors' motion for summary judgment dismissing the objections of decedent's grandson, a beneficiary of a testamentary trust, to the first and final accounting.

97/3016A
Surrogate Anderson

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JENNIFER L. SMITH, app

2014-681 OR CR. THE PEOPLE, res, v. JENNIFER L. SMITH, app — Appeal from a judgment of the Justice Court of the Town of Walkill, Orange County (Joseph A. Owen, J.), rendered February 6, 2014. The judgment, after a nonjury trial, convicted defendant of criminal contempt in the second degree.

2014-681 OR CR
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. JOSEPH W. WILDRICK, res

2015-446 OR CR. THE PEOPLE, app, v. JOSEPH W. WILDRICK, res — Appeal from an order the Justice Court of the Village of Goshen, Orange County (Rory K. Brady, J.), dated March 4, 2015. The order granted defendant's motion to dismiss the accusatory instrument.

2015-446 OR CR
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. PRESTIA, IGNAZIO

2016-1375 N CR. THE PEOPLE v. PRESTIA, IGNAZIO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered May 11, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-1375 N CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. TODD AVERY, res

2015-445 OR CR. THE PEOPLE, app, v. TODD AVERY, res — Appeal from an order the Justice Court of the Village of Goshen, Orange County (Rory K. Brady, J.), dated March 4, 2015. The order granted defendants motion to dismiss the accusatory instrument.

2015-445 OR CR
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. EDWARD P. OLIVA, app

2014-1493 W CR. THE PEOPLE, res, v. EDWARD P. OLIVA, app — Appeal from three judgments of the City Court of White Plains, Westchester County (JoAnn Friia, J.), rendered June 23, 2014. The judgments convicted defendant, after a nonjury trial, of driving while ability impaired, and two charges of passing a red signal, respectively.

2014-1493 W CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RAYMOND MICHAEL, app

2014-678 N CR. THE PEOPLE, res, v. RAYMOND MICHAEL, app — Appeal from a judgment of the District Court of Nassau County, First District (Susan T. Kluewer, J.), rendered March 19, 2014. The judgment convicted defendant, upon a jury verdict, of obstructing governmental administration in the second degree.

2014-678 N CR
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RYAN MIKALSEN, app

2014-1034 S CR. THE PEOPLE, res, v. RYAN MIKALSEN, app — Appeal from a judgment of the District Court of Suffolk County, First District (Karen M. Wilutis, J.), rendered April 2, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while impaired. The appeal from the judgment brings up for review an order of the same court (Jennifer A. Henry, J.) denying, after a hearing, the branch of defendant's omnibus motion seeking to suppress evidence.

2014-1034 S CR
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

HENIG v. TOWN OF BABYLON

2015-2420 S C. HENIG v. TOWN OF BABYLON — Motion by appellant to vacate an order of this court dated May 16, 2016, which dismissed an appeal from a judgment of the District Court of Suffolk County, Second District, entered June 24, 2015.

2015-2420 S C
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. CHUDY, CHUDY

2016-999 N CR. PEOPLE v. CHUDY, CHUDY — 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 7, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-999 N CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MIZELL, TARON S.

2016-261 D CR. THE PEOPLE v. MIZELL, TARON S. — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered December 21, 2015, as a poor person, and for the assignment of counsel.

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

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. JOHN M. LUCAS, res

2014-2635 S CR. THE PEOPLE, app, v. JOHN M. LUCAS, res — Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County (Edward D. Burke, J.), dated August 6, 2014. The order granted the branch of defendant's motion seeking to suppress evidence obtained as a result of defendant's allegedly unlawful arrest, and dismissed an accusatory instrument charging him with driving while ability impaired by drugs.

2014-2635 S CR
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. ABRAHAM EMANUEL, res

2014-1512 N CR. THE PEOPLE, app, v. ABRAHAM EMANUEL, res — Appeal from an order of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), dated June 10, 2014. The order granted the branch of defendant's motion seeking to dismiss the accusatory instrument in furtherance of justice.

2014-1512 N CR
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. JERMAINE MOODY, res

2015-444 OR CR. THE PEOPLE, app, v. JERMAINE MOODY, res — Appeal from an order of the Justice Court of the Village of Goshen, Orange County (Rory K. Brady, J.), dated March 4, 2015. The order granted defendant's motion to dismiss the accusatory instrument.

2015-444 OR CR
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. JOHN M. LUCAS, res

2014-2635 S CR. THE PEOPLE, app, v. JOHN M. LUCAS, res — Iannacci, J., dissents in part and concurs in part and votes to modify the order by vacating so much thereof as dismissed the accusatory instrument, in the following memorandum:

2014-2635 S CR
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. LEANORA A. WRENN, app

2014-199 N CR. THE PEOPLE, res, v. LEANORA A. WRENN, app — Appeal from two judgments of the District Court of Nassau County, First District (Andrew M. Engel, J.), rendered January 27, 2014. The judgments convicted defendant, upon jury verdicts, of common-law driving while intoxicated, and refusing to submit to a breath test, respectively. The appeal brings up for review the denial, after a hearing (Rhonda E. Fischer, J.), of that branch of defendant's omnibus motion seeking to suppress her statements to law enforcement officials.

2014-199 N CR
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

CENTRAL BRONX, P.T., P.C., A/A/O THOMAS v. AMERIPRISE AUTO & HOME

2015-2302 K C. CENTRAL BRONX, P.T., P.C., A/A/O THOMAS v. AMERIPRISE AUTO & HOME — Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 19, 2015.

2015-2302 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, app, v. TAMIR DARDASHTIAN, res

2014-90 N CR. THE PEOPLE, app, v. TAMIR DARDASHTIAN, res — Appeal from an order of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), dated December 10, 2013. The order granted the branch of defendant's motion seeking to dismiss the accusatory instrument in furtherance of justice.

2014-90 N CR
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RAVI HUNTER, app

2014-201 K CR. THE PEOPLE, res, v. RAVI HUNTER, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John T. Hecht, J.), rendered December 3, 2013. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.

2014-201 K CR
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CAPPIELLO, KIMBERLY

2016-825 RI CR. THE PEOPLE v. CAPPIELLO, KIMBERLY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 13, 2016, as a poor person, and for the assignment of counsel.

2016-825 RI CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

U.S. EQUITIES CORP. v. GARCIA

2016-582 K C. U.S. EQUITIES CORP. v. GARCIA — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 1, 2015, in effect, to continue a stay granted by decision and order on motion of this court dated April 27, 2016.

2016-582 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. SOPHIA A. MCWILL, app

2014-1180 Q CR. THE PEOPLE, res, v. SOPHIA A. MCWILL, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Robert C. McGann, J.H.O.), rendered April 8, 2014. The judgment convicted defendant, after a nonjury trial, of violating New York City Administrative Code §16-118 (6).

2014-1180 Q CR
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. DANNY CHAVEZ, app

2014-487 S CR. THE PEOPLE, res, v. DANNY CHAVEZ, app — Appeal from two judgments of the District Court of Suffolk County, First District (Karen Kerr, J.), rendered February 5, 2014. Each judgment convicted defendant, upon his plea of guilty, of failure of sex offender to notify of overnight location (Code of Suffolk County §745-35 [C]). The appeal from the judgments of conviction brings up for review so much of an order of the same court dated January 8, 2014 as denied the branch of defendant's motion seeking to dismiss the accusatory instruments on the ground that Code of Suffolk County §745-35 (C) is preempted by state law.

2014-487 S CR
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. BARRINGTON BOWEN, app

2013-778 K CR. THE PEOPLE, res, v. BARRINGTON BOWEN, app — Weston, J., dissents and votes to reverse the judgment of conviction and to dismiss the accusatory instrument in the following memorandum:

2013-778 K CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. TIMOTHY CHITTENDEN, app

2014-405 W CR. THE PEOPLE, res, v. TIMOTHY CHITTENDEN, app — Appeal from eight judgments of the City Court of Rye, Westchester County (Brian Hansbury, J.), rendered January 29, 2014. The judgments convicted defendant, after a nonjury trial, of three charges of failing to obey a traffic control device, three charges of failing to signal before turning, operating an unregistered motor vehicle, and failing to wear a seatbelt while operating a motor vehicle, respectively.

2014-405 W CR
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. BARRINGTON BOWEN, app

2013-778 K CR. THE PEOPLE, res, v. BARRINGTON BOWEN, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John T. Hecht, J.), rendered March 7, 2013. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.

2013-778 K CR
: Pesce, P.J., Weston and Aliotta, JJ.

Surrogate's Court, New York County

ESTATE OF BESSIE NESFIELD, Deceased

ESTATE OF BESSIE NESFIELD, Deceased (98/3360.1) — In this probate proceeding in the estate of Bessie Nesfield, proponent (the nominated executor) moves for an order striking his SCPA §1404 deposition notice (CPLR §3103). Respondent, a distributee of a postdeceased distributee, was correctly cited in the probate proceeding and has standing to seek SCPA §1404 examinations. However, SCPA §1404 provides that the nominated executor may be deposed only when there is an in terrorem clause. The propounded instrument here does not include such a clause. Accordingly, because proponent may not be deposed pursuant to SCPA §1404, the motion is granted.

98/3360.1
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF TRUONG TRAN, Deceased

ESTATE OF TRUONG TRAN, Deceased (12/1785/E) — Before the court is an application by the fiduciary of a deceased temporary administrator for advance payment of commissions for services rendered in connection with the estate of Truong Tran. The court initially appointed the temporary administrator due to hostility among the allege distributees, three of whom have filed competing petitions for letters of administration. The count determined that a neutral person was required to oversee the administration of this complex estate pending determination of kinship. A retired Justice of New York Supreme Court was appointed temporary administrator on October 25, 2012. He died on July 7, 2014, while still in office.

12/1785/E
Surrogate Anderson

Supreme Court, New York County, Part 5

Matter of James v. Farina, 450170/16

NYC School Officials Ordered to Answer Public Advocate at Hearing

450170/16
Justice Lynn Kotler

Supreme Court, Kings County

Beginning with Children Charter School v. New York City Department of Education, 4300/2016

Judge Refuses Challenge to Charter School Closure

4300/2016
Justice Lara Genovesi

Supreme Court, Westchester County

D.E., Plaintiff v. P.A., Defendant, [Index Number Redacted by Court]

Wife Is Barred From Asserting Husband's Lack of Capacity as Ground to Dismiss His Action for Divorce; Wife Knew Husband Suffered Parkinson's Disease, Admitted to Concerns About His Competency Before Serving Her Answer; If Husband Is Found Incometent, Under DRL §170 His Conservator Will Not Be Able to Prosecute Divorce Action on Husband's Behalf

[Index Number Redacted by Court]
Justice Linda Christopher

Supreme Court, Monroe County

Hosmer v. Hosmer, 15/9845

Prenuptial Agreement Valid; Home Husband's Property Not Subject to Equitable Distribution

15/9845
Justice Richard Dollinger

County Court, Cayuga County

The People v. Attaway, 2016-027

Out-of-State Conviction May Render Defendant Ineligible for Judicial Diversion

2016-027
Judge Michael McKeon

City Court of Ithaca, Tompkins County

The People v. Exantus, 2015-88887

Defendant's Prolonged Stop at Yield Sign Gave Officer's Probable Cause to Stop Vehicle

2015-88887
Judge Scott Miller

Surrogate Court, Schenectady County

Matter of Attanasio, 2014-355/A

No Evidence Decedent Unequivocally Intended To Renounce Right to Revoke Agreement

2014-355/A
Surrogate Vincent Versaci

Supreme Court, Clinton County

Matter of Rodriguez v. N.Y. State Dept. of Corrs. & Community Supervision, 2016-287

Inmate's Petition Challenging Hearings' Results Denied as Accommodations Provided

2016-287
Justice Peter Feldstein

Supreme Court, New York County, IAS Part 21

Burrus v. N.Y. City Transit Auth., 152054/15

Evidence Clearly Shows Co-Defendant Sole Proximate Cause of Accident, NYCTA Not Liable

152054/15
Justice Michael Stallman

Surrogate's Court, Erie County

Estate of William Nunz, 2012-4075/A

Judge Orders Forensic Review of Lawyer's Mac in Probate Dispute

2012-4075/A
Justice Barbara Howe

Appellate Division, First Department

Kramer v. Greene, 653537/12

Panel Revives Ex-Stephen King Attorney’s Suit Against Author’s Agent

653537/12
Before: Tom, J.P., Sweeny, Andrias, Manzanet-Daniels, Webber, JJ.

Surrogate's Court, Richmond County

Matter of Asch, 2013-217/A

Renewal/Reargument of Cross-Motion Seeking Dismissal Granted; Court Adheres to Decision

2013-217/A
Surrogate Robert Gigante

Civil Court, Kings County, Trial Part 75

Charles Deng Acupuncture, P.C. v. Titan Ins. Co., CV-005920-14

Unsworn EUO Transcripts Admissible In Evidence Showing Providers Failed to Appear

CV-005920-14
Judge Richard Montelione

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

The People v. Martin, 2013-1699 Q CR

Discrepancies in Testimony Warrants Reversal Of Second Attempted Contempt Conviction

2013-1699 Q CR
Before: Pesce, P.J., Aliotta and Solomon, JJ.

Surrogate's Court, Bronx County

Estate of Swimy, 2014-535/A

Wrongful Death Proceeds Distributed, Infants' Shares Placed in Structured Annuity

2014-535/A
Surrogate Nelida Malave-Gonzalez

Surrogate's Court, New York County

Estate of Blau, 2014-3676

Failure to Show Collusion, Mistake Denies Beneficiary Motion to Set Aside Stipulation

2014-3676
Surrogate Rita Mella

Supreme Court, New York County, Criminal Term, Part 31 Supreme Court, New York County, Criminal Term, Part 31

The People v. Kim, 2076/14

'Sibblies' Inapplicable; Dismissal On Statutory, Constitutional Speedy Trial Grounds Denied

2076/14 2076/14
Justice Jill Konviser Justice Jill Konviser

Appellate Term, First Judicial Department

325 Broadway Associates LLC v. Dr. Mac Truong

570531/16. 325 Broadway Associates LLC v. Dr. Mac Truong

570531/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Unitex Textile Rental Services, Inc., v. Laserklinic, LLC

570502/16. Unitex Textile Rental Services, Inc., v. Laserklinic, LLC

570502/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Fay Da Mott Street, Inc., v. Forever Beauty Day Spa, Inc., Ex-parte application is declined

570582/16. Fay Da Mott Street, Inc., v. Forever Beauty Day Spa, Inc., Ex-parte application is declined.

570582/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Lexington 100 Properties, LLC v. Yahav, Saar

570403/16. Lexington 100 Properties, LLC v. Yahav, Saar

570403/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Union Square Associates, LLC v. Fineline Technology, LLC

570583/16. Union Square Associates, LLC v. Fineline Technology, LLC

570583/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Supreme Court, Westchester County

K.K., Plaintiff v. P.K.M., Defendant, [Index Number Redacted by Court]

[Index Number Redacted by Court]
Justice Linda Christopher

Appellate Division, Second Department

People v. Terrence Lessane, 5937/05

Brooklyn Appeals Court Orders Retrial of Murder Case, Finding Faulty Confession

5937/05
Before: Dillon, J.P., Roman, Miller, Lasalle, JJ.

Supreme Court, New York County

Flowers v. City of New York, 112909/10

Notice of Claims Ruling Cited in Narrowing of Suit Against City

112909/10
Justice Lynn Kotler

Surrogate's Court, Richmond County

Estate of Mohamed, 2011-618/B

Court Fixes Attorney's Fair, Reasonable Fees For Services Rendered to Estate Administrator

2011-618/B
Surrogate Robert Gigante

Supreme Court, Richmond County, Criminal Term, Part 14

The People v. Bellucci, 384/2010

Court Wavers From 'Unbending Rule,' Orders Attorney Interpose Objected to Insanity Defense

384/2010
Justice William Garnett

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

The People v. Sulker, 2014-1452 K CR

Accusatory Instrument Charging Disorderly Conduct Facially Defect; Conviction Reversed

2014-1452 K CR
Before: Solomon, J.P., Aliotta and Elliot, JJ.

Family Court, Bronx County

Matter of J.M. v. R.M., F-23338-14

Mother's Objection to Magistrate's Support Order for Son Not Residing in Home Denied

F-23338-14
Judge Lisa Headley

Surrogate's Court, Bronx County

Estate of Schwartz, 2009-914

Reargument Denied for Failure to Identify Law, Facts Court Overlooked, Misapprehended

2009-914
Surrogate Nelida Malave-Gonzalez

Surrogate's Court, New York County

Matter of Koeppel, 1996-4098/C

Petitioners' Objections to Respondent Invoking Right Against Self-Incrimination Overruled

1996-4098/C
Surrogate Rita Mella

Surrogate's Court, Bronx County

ESTATE OF CARLISE CARTER, Deceased

ESTATE OF CARLISE CARTER, Deceased (15/656) — On the return date of this application by an alleged creditor for the issuance of letters of administration to the Public Administrator, the Public Administrator appeared and did not oppose the relief requested; however, the matter was marked supplemental citation inasmuch as it appeared that jurisdiction had not been obtained over an alleged niece. It now appears that jurisdiction is complete and no one opposes the application.

15/656
Surrogate Malave-Gonzalez

Surrogate's Court, Dutchess County

IN THE ACCOUNTING PROCEEDING BY MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR IN INTEREST TO FIRST NATIONAL BANK OF RHINEBECK, SUCCESSOR TRUSTEE TO DUTCHESS BANK AND TRUST COMPANY, AS THE TRUSTEE OF THE TRUST U/W/O DOROTHY D. WILKINSON F/B/O JUDITH M. NIELSEN A/K/A JUDITH ANN NIELSEN A/K/A JUDITH M. WILKINSON

IN THE ACCOUNTING PROCEEDING BY MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR IN INTEREST TO FIRST NATIONAL BANK OF RHINEBECK, SUCCESSOR TRUSTEE TO DUTCHESS BANK AND TRUST COMPANY, AS THE TRUSTEE OF THE TRUST U/W/O DOROTHY D. WILKINSON F/B/O JUDITH M. NIELSEN A/K/A JUDITH ANN NIELSEN A/K/A JUDITH M. WILKINSON (72207/A) — Petitioner moves for an order, pursuant to CPLR 3212, granting it summary judgment and dismissing the preliminary objections to the trust accounting of Edward P. Nielsen, III and Katharine M. Nielsen dated March 22, 2016. Objectants Edward P. Nielsen, II and Katharine M. Nielsen (hereinafter "Nielsen") cross-move for an order, pursuant to CPLR 3212, granting summary judgment in their favor.

72207/A
Surrogate Pagones

Surrogate's Court, Bronx County

ESTATE OF EUKENNICK WEDDERBURN, Deceased

ESTATE OF EUKENNICK WEDDERBURN, Deceased (14/1479) — On the return date of the citation in this application by one of the decedent's daughters for letters of administration another daughter was cited and defaulted. All the other distributees consent to the application.

14/1479
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF STACEY LASHAWN PAYNE, also known as STACEY PAYNE, Deceased

ESTATE OF STACEY LASHAWN PAYNE, also known as STACEY PAYNE, Deceased (12/2329/A

12/2329/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HORACE BULLARD, Deceased

ESTATE OF HORACE BULLARD, Deceased (13/1100 C/D) — In two proceedings, each by one co-executor against the other co-executor, seeking advice and direction (C File) and discovery (D File), the co-executors have entered into a written stipulation of discontinuance of each proceeding, with prejudice and without costs to any party, which was filed with the court.

13/1100 C/D
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DEENA SWIMY, ALSO KNOWN AS DEENA YEASSIN SWIMY, Deceased

ESTATE OF DEENA SWIMY, ALSO KNOWN AS DEENA YEASSIN SWIMY, Deceased (14/535/A) — The co-administrators, the designees of the decedent's spouse, seek to distribute the proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J.), with the shares of the decedent's two infant children to be placed in structured annuities for their benefit. The supreme court order, inter alia, allocated the proceeds entirely to the wrongful death cause of action and awarded attorney's fees and disbursements.

14/535/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ROSINA PORELLI, Deceased

ESTATE OF ROSINA PORELLI, Deceased (14/33) — In this probate proceeding in which objections with a jury demand were filed by two of the decedent's five children, all of whom are equal beneficiaries under the instrument, the proponent has filed a note of issue, certificate of readiness and order framing issues.

14/33
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF MICHAEL A. L., PURSUANT TO SCPA ARTICLE 17-A

GUARDIANSHIP OF MICHAEL A. L., PURSUANT TO SCPA ARTICLE 17-A (16/1036) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged developmentally disabled person.

16/1036
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF VIRGINIA CINTRON, Deceased

ESTATE OF VIRGINIA CINTRON, Deceased (15/1869/A) — In this estate, after the court granted the application of the Public Administrator seeking letters of administration, the decedent's son and alleged sole distributee, who resides in California, appeared and filed a cross petition pro se for letters. Although the cross petitioner filed a skeletal heirship affidavit stating that the decedent's husband predeceased and the decedent only had two children, both of whom are non-marital and one of whom allegedly predeceased without issue, no documentary proof relating to the other son, no paid funeral bill and no affidavit to dispense with a bond evidencing a lack of debts and claims were filed herein. Thereafter, by decision and decree both dated March 7, 2016, the court granted the son's pro se cross petition for letters of administration, upon his filing a bond in the penal sum of $100,000, and dismissed the petition filed by the Public Administrator (see Matter of Cintron, NYLJ, Mar. 11, 2016, at 26, col 2 [Sur Ct, Bronx County 2016]).

15/1869/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARY GORDON, Deceased

ESTATE OF MARY GORDON, Deceased (14/2712) — In this contested probate proceeding the respondent son has moved requesting the issuance of "so ordered" subpoenas duces tecum in order to obtain decedent's medical records. On the return date of the motion counsel for the proponent appeared and stated that she did not oppose the motion and the matter was marked "submitted." Accordingly, this decision constitutes the order of the court granting the motion.

14/2712
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF EVELYN R. M., PURSUANT TO SCPA ARTICLE 17-A

GUARDIANSHIP OF EVELYN R. M., PURSUANT TO SCPA ARTICLE 17-A (15/1027) — 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 intellectually disabled person.

15/1027
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF RAMGOPAUL MAHABIR, Deceased

ESTATE OF RAMGOPAUL MAHABIR, Deceased (09/2835/B) — On the return date of this proceeding by the administrator, the decedent's spouse, seeking the judicial settlement of her account, the matter was marked supplemental citation with respect to one of the decedent's two sons. It now appears that jurisdiction is complete and objections were filed by that son. The other son consents to the application. The petitioner and the objecting son shall appear for a disclosure conference in courtroom 406 on September 29, 2016 at 9:30 AM. Thereafter, the matter will appear upon the ready for trial calendar of the court upon compliance with Uniform Rules for Surrogate's Court (22 NYCRR) §207.29 and 207.30.

09/2835/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HERMINE UNGER, Deceased

ESTATE OF HERMINE UNGER, Deceased (14/2708/A) — The executor, one of the decedent's two sons and only distributees who are equal testamentary beneficiaries, seeks to judicially account and distribute the remaining proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (Green, J.) being held in his attorneys' escrow account. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.

14/2708/A
Surrogate Malave-Gonzalez

County Court, Cayuga County

People v. Noah Attaway, 2016-027

Judge, Ruling Against Diversion, Cites Public Safety

2016-027
Justice Michael McKeon

Supreme Court, Nassau County, Trial Part 31

Corapi v. Ingvoldstad, 606872/15

Decedent Could Change Distributions Any Time; Son's Fraud Claims Against Attorney Fail

606872/15
Justice Jack Libert

Civil Court, Queens County, Part B

Lewis v. Roberson, 057001/16

Landlord Fails to Timely Commence Eviction Proceeding for Alleged Assault, Injury

057001/16
Judge John Lansden

Civil Court, Kings County, Housing Part H

Lasala v. Liguori, L&T 97378/2015

Failure to Comply With Specificity Requirements Grants Dismissal of Owner's Use Holdover

L&T 97378/2015
Judge Marc Finkelstein

Supreme Court, Kings County, IAS Term, Part 52

Galanova v. TKR Property Services, Inc., 12413/13

Manager Owed No Duty to Shareholder To Provide Bank With Documentation for Loan

12413/13
Justice Francois Rivera

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

J.K.M. Medical Care, P.C. v. Liberty Mutual Fire Ins. Co., 2014-2245 K C

Insurer's Answer Deemed Amended to Include Unpleaded Affirmative Defense of Res Judicata

2014-2245 K C
Before: Solomon, J.P., Aliotta and Elliot, JJ.

Supreme Court, New York County, IAS Part 61

Sybron Canada Holdings, Inc. v. Niznick, 650908/14

Disputed Issues of Fact Preclude Dismissal Of Declaratory Judgment Cause of Action

650908/14
Justice Barry Ostrager

Surrogate's Court, Bronx County

ESTATE OF ELVIRA LAWRENCE, Deceased

ESTATE OF ELVIRA LAWRENCE, Deceased (14/2576) — In this proceeding by an alleged creditor for the issuance of limited letters of administration to the Public Administrator, it now appears that jurisdiction is complete over the four known alleged distributees. On the return date of supplemental citation, the Public Administrator appeared and indicated on the record in open court that he did not oppose the application.

14/2576
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

People v. Nunez, Luis

570212/16. People v. Nunez, Luis

570212/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Sumpter, Romel

571135/15. People v. Sumpter, Romel

571135/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Caballero, Miguel

570546/14. People v. Caballero, Miguel

570546/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Morales, Sigfredo

571161/15. People v. Morales, Sigfredo

571161/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Cherkasky, Eli

570212/16. People v. Cherkasky, Eli

570212/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Beedith, Onan

570715/15. People v. Beedith, Onan

570715/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Nazim, Mohammed

571170/15. People v. Nazim, Mohammed

571170/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. James, Riginald

570376/16. People v. James, Riginald

570376/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Wilson, Joseph

570407/16. People v. Wilson, Joseph

570407/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Cruz, Christopher

570783/14. People v. Cruz, Christopher

570783/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Mazzotti, Tiago

570486/16. People v. Mazzotti, Tiago

570486/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Perez, Jonathan

570492/16. People v. Perez, Jonathan

570492/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Cuevas, Julio

570525/16. People v. Cuevas, Julio

570525/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Kripanidhi, Amit

570562/16. People v. Kripanidhi, Amit

570562/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lexington 100 Properties LLC v. Yahav, Saar Ex-parte applications are declined

570403/16. Lexington 100 Properties LLC v. Yahav, Saar Ex-parte applications are declined.

570403/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Morales, Marcelino

570452/16. People v. Morales, Marcelino

570452/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Richardson, Alexid

570482/16. People v. Richardson, Alexid

570482/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Davis, Wayne

570469/16. People v. Davis, Wayne

570469/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Holm, Pai v. Ecumenical Community Housing et al.

570570/16. Holm, Pai v. Ecumenical Community Housing et al.,

570570/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v- Thompson, Andre

570462/16. People v- Thompson, Andre

570462/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MDJ Medical P.C. et al., a/a/o Tabari, S. v. Praetorian Ins. Co.

570157/16. MDJ Medical P.C. et al., a/a/o Tabari, S. v. Praetorian Ins. Co.

570157/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Longfellow Owners LLC v. Hardy, Janet

570550/16. Longfellow Owners LLC v. Hardy, Janet

570550/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Quispe, Antonio

570481/16. People v. Quispe, Antonio

570481/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Abreu, Jesus

570463/16. People v. Abreu, Jesus

570463/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Chen, Aifen

570466/16. People v. Chen, Aifen

570466/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Rose, Erwin

570457/16. People v. Rose, Erwin

570457/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Judah, Alberto

570467/16. People v. Judah, Alberto

570467/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Jalloh, Omaru

570582/13. People v. Jalloh, Omaru

570582/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

NYCHA - Laguardia Houses v. Lugo, Maribel Carroll Ex-parte applications are declined

570576/16. NYCHA - Laguardia Houses v. Lugo, Maribel Carroll Ex-parte applications are declined.

570576/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Carmon, Marc

570494/16. People v. Carmon, Marc

570494/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

2320 Beaumont Ave. - Unit 3D LLC v. Andre, David

570575/16. 2320 Beaumont Ave. - Unit 3D LLC v. Andre, David

570575/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Dix, Sean

570213/15. People v. Dix, Sean

570213/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Shavel, Jesse

570488/16. People v. Shavel, Jesse

570488/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Schenectady County

Attorneys for Respondent, Dean Attanasio, Executor: Englert, Coffey, Mchugh & Fantauzzi, LLP, Peter V. Coffey, Esq., of Counsel, Schenectady, N.Y.

Attorneys for Respondent, Dean Attanasio, Executor: Englert, Coffey, Mchugh & Fantauzzi, LLP, Peter V. Coffey, Esq., of Counsel, Schenectady, N.Y.


Surrogate Versaci

Surrogate's Court, Schenectady County

Attorneys for Petitioner, Thomas Palma: Parisi, Coan & Saccocio, PLLC, Gerard F. Parisi, Esq., CPA, of Counsel, Schenectady, N.Y.

Attorneys for Petitioner, Thomas Palma: Parisi, Coan & Saccocio, PLLC, Gerard F. Parisi, Esq., CPA, of Counsel, Schenectady, N.Y.


Surrogate Versaci

Surrogate's Court, Schenectady County

ESTATE OF MARIO ATTANASIO, Deceased

ESTATE OF MARIO ATTANASIO, Deceased (14/355/A) — In this SCPA §2105 proceeding to compel the delivery of property held by a fiduciary, the Petitioner, Thomas Palma ("Petitioner"), moves pursuant to CPLR Rule 3212 for an Order directing the Respondent and Executor, Dean Attanasio ("Respondent"), to deliver to the Petitioner all real and personal property that is the subject of a written Agreement entered into between the Petitioner and the Decedent on October 13, 2009. This Agreement provided that upon the Decedent's death, the Petitioner, who was a longtime friend and business colleague of the Decedent's, would assume the management of certain parcels of real estate owned by the Decedent for a period of twenty-five (25) years. As compensation for his services, the Petitioner would be allowed to keep as his fee all of the net rental proceeds during that time period. The Decedent died on April 8, 2014, roughly 4 1/2 years after the execution of this Agreement. Following the Decedent's death, the Petitioner sought to enforce the Agreement against the Estate, but the Respondent refused to turn the management of the properties over to the Petitioner and indicated that he would not honor the Agreement. This discovery proceeding ensued, which seeks the delivery of the subject properties. Alternatively, the Petitioner seeks money damages for the Respondent's breach of the Agreement in refusing to allow the Petitioner to perform under the terms of the Agreement, in the amount of the net rental proceeds from the management of the properties for a twenty-five (25) year period following the Decedent's date of death. In response to the Petitioner's motion for summary judgment, the Respondent has cross-moved for summary judgment to dismiss all claims of the Petitioner.

14/355/A
Surrogate Versaci

Surrogate's Court, New York County

ESTATE OF ELLEN SALEM, Deceased

ESTATE OF ELLEN SALEM, Deceased (12/876/A) — In this final accounting of the Public Administrator in the estate of Ellen Salem, the court is asked to determine the identity of decedent's distributees. Based upon the proof submitted at a kinship hearing before a court attorney-referee, the court finds that decedent was survived by three paternal first cousins (two of whom post-deceased) and two maternal first cousins.

12/876/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF LEWIS B. STRAUS, Deceased

ESTATE OF LEWIS B. STRAUS, Deceased (15/2217/A) — This application to compel the executor of the estate of Lewis B. Straus to account is denied without prejudice to renewal, if after six months from the date of this decision petitioners are not satisfied by an informal accounting.

15/2217/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF EDWIN PENDLETON STEVENS, Deceased

ESTATE OF EDWIN PENDLETON STEVENS, Deceased (82/4017/A/B) — At the call of the calendar, this uncontested application regarding a trust created under Article SIXTH (B) of the will of Edwin Pendleton Stevens, seeking a court order permitting the trustee to resign and appointing a successor trustee, was granted.

82/4017/A/B
Surrogate Anderson

Surrogate's Court, Bronx County

ESTATE OF JESUS GONAZLEZ, Deceased

ESTATE OF JESUS GONAZLEZ, Deceased (16/684) — In this application for the issuance of letters of administration to the petitioner, the decedent's mother, the infant decedent's presumptive distributees are the petitioner and the decedent's father. With respect to the father, whose whereabouts are unknown, it appears that he has a criminal history that would render him ineligible to serve as fiduciary of this estate (see SCPA 707 [1] [d]), and jurisdiction over him is dispensed with in this proceeding. However, jurisdiction shall be obtained over the father in any future accounting or other appropriate proceeding (see SCPA 1003 [4]). In the absence of any appearance in opposition, letters of administration limited pursuant to SCPA 702 (1) shall issue to the petitioner.

16/684
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF WILLIAM SCHIRMER, Deceased

ESTATE OF WILLIAM SCHIRMER, Deceased (09/2707/B) — This is an application by the administrator, the decedent's spouse, to distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees and disbursements, as well as a payment to the Asbestos Non-Malignancy Global Resolution Trust from the proceeds allocated to personal injury.

09/2707/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EDITH CARDENAS, Deceased

ESTATE OF EDITH CARDENAS, Deceased (15/1262/A) — The administrator, the decedent's spouse, seeks to remove the restrictions on his limited letters of administration so that he may receive and judicially account for the proceeds of settlement of a personal injury claim and a no-fault benefit.

15/1262/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ISABEL LOPEZ, Deceased

ESTATE OF ISABEL LOPEZ, Deceased (08/868/A) — The administrator, one of the decedent's daughters, 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.

08/868/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JOSE CORREA DIAZ, ALSO KNOWN AS JOSE CORREA, Deceased

ESTATE OF JOSE CORREA DIAZ, ALSO KNOWN AS JOSE CORREA, Deceased (14/700) — In this estate the decedent's daughter, based upon the consent of the decedent's son and only other distributee, was appointed administrator of this estate by decree dated May 1, 2014; however no letters ever issued to her as she was unable to obtain a bond, and to date no bond has been filed. In April of 2016, the son filed a cross-petition for letters of administration seeking to vacate the decree appointing the daughter and the appointment of his attorney as administrator of the estate. On the return date of the supplemental citation issued to the daughter on the son's application, the daughter appeared and consented to the application on the record in open court.

14/700
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF SYLVESTER W. CALLWOOD, Deceased

ESTATE OF SYLVESTER W. CALLWOOD, Deceased (15/2957) — In this application by a son of the decedent for letters of administration, jurisdiction was acquired over the decedent's six other children, without opposition.

15/2957
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF NANETTE PUNCH, Deceased

ESTATE OF NANETTE PUNCH, Deceased (09/1778/A) — The administrator, the decedent's daughter and sole distributee, seeks to compromise and judicially account for the settlement proceeds of causes of action arising from the events leading to the decedent's death.

09/1778/A
Surrogate Malave-Gonzalez

Supreme Court, New York County, IAS Part 39

Bison Capital v. Hunton & Williams, 153793/15

Malpractice Suit Narrowed Against Hunton & Williams

153793/15
Justice Saliann Scarpulla

Appellate Division, First Department

Matter of Brookford, LLC v. State Division of Housing & Community Renewal, 100065/15

Rent Control Covers Spouse in Care Facility, Panel Says

100065/15
Before: Sweeny, J.P., Saxe, Moskowitz, Gische, Webber, JJ.

Supreme Court, Westchester County

Village of Mamaroneck v. Craig, 51640/2015

Court Grants Declaratory Judgment Pine Street is a Public Street Within Village

51640/2015
Justice Lawrence Ecker

Family Court, Kings County, Part 18

Matter of Matthew R., B XXXX/13

It Is in Child's Best Interests to Be Adopted By His Current Foster Mother

B XXXX/13
Justice Lillian Wan

Criminal Court, Kings County, Part TP2

The People v. Brecher, 2015KN005592

Defendant Proves Right to Speedy Trial Denied Where Prosecutors Not Ready in 90 Days

2015KN005592
Justice Curtis Farber

Family Court, Bronx County

O.A. v. D.B., 174745

Under Hague Convention, Children Directed to Return to Norway

174745
Justice Llinet Rosado

Supreme Court, New York County, Part 54

Celtixconnect Equity Investors LLC v. Sea Fibre Network Ltd, 653340/2014

Delaware Corp.'s Action Against Irish Company Fails on Forum Non Conveniens Grounds

653340/2014
Justice Shirley Werner Kornreich

Supreme Court, New York County, Part 35

Serov v. Kerzner International Resorts, Inc., 162184/2015

Corporation's Florida Address Does Not Indicate It Conducted Business in NY

162184/2015
Justice Carol Edmead

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. HAROLD MCCRAY, app

2012-2780 K CR. THE PEOPLE, res, v. HAROLD MCCRAY, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Desmond A. Green, J.), rendered November 9, 2012. The judgment convicted defendant, upon a jury verdict, of forcible touching, endangering the welfare of a child, sexual abuse in the third degree, and harassment in the second degree.

2012-2780 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. LUIS MINCHALA, app

2014-317 Q CR. THE PEOPLE, res, v. LUIS MINCHALA, app — Appeal by defendant, as limited by the brief, from so much of a sentence of the Criminal Court of the City of New York, Queens County (Gene R. Lopez, J.), imposed January 21, 2014, as, upon his conviction of aggravated driving while intoxicated per se, upon his plea of guilty, imposed, as a condition of a one-year conditional discharge, that an ignition interlock be installed on any vehicle driven by defendant for three years.

2014-317 Q CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

UNITED MORTGAGES OF AMERICA, INC., app, v. MANISH G. BANGARD AND TRUSHA BANGARD, res

2015-1041 Q C. UNITED MORTGAGES OF AMERICA, INC., app, v. MANISH G. BANGARD AND TRUSHA BANGARD, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Mojgan C. Lancman, J.), entered April 22, 2015. The order denied the branch of plaintiff's motion seeking summary judgment.

2015-1041 Q C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CHRISTOPHER WILLIAMS, app

2014-561 K CR. THE PEOPLE, res, v. CHRISTOPHER WILLIAMS, app — Weston, J., dissents and votes to reverse the judgment of conviction, insofar as appealed from, and to remit the matter to the Criminal Court for a new trial on the charge of attempted assault in the third degree, in the following memorandum:

2014-561 K CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. AGYAMENG BEDIAKO, app

2012-2321 K CR. THE PEOPLE, res, v. AGYAMENG BEDIAKO, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John H. Wilson, J.), rendered September 24, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree.

2012-2321 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. DIEGO ALVAREZ, ALSO KNOWN AS FERNANDO MENDIEXA, app

2013-1760 Q CR. THE PEOPLE, res, v. DIEGO ALVAREZ, ALSO KNOWN AS FERNANDO MENDIEXA, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Gia L. Morris, J.), rendered October 10, 2012. The judgment convicted defendant, upon his plea of guilty, of petit larceny.

2013-1760 Q CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

OSLYN LYTTLE, res, v. SCOTT VILLAGE HOMEOWNERS ASSOCIATION, INC., app

2014-2993 K C. OSLYN LYTTLE, res, v. SCOTT VILLAGE HOMEOWNERS ASSOCIATION, INC., app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered September 8, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $8,908.57.

2014-2993 K C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. MOHAMID MOHAMED, app

2012-1108 K CR. THE PEOPLE, res, v. MOHAMID MOHAMED, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Robert D. Kalish, J.), rendered April 25, 2011. The judgment convicted defendant, after a nonjury trial, of attempted criminal contempt in the second degree and harassment in the second degree.

2012-1108 K CR
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. GREGORY MARTIN, app

2013-1699 Q CR. THE PEOPLE, res, v. GREGORY MARTIN, app — Appeal from two judgments of the Criminal Court of the City of New York, Queens County (Elisa S. Koenderman, J.), rendered February 19, 2013. Each judgment convicted defendant, after a nonjury trial, of attempted criminal contempt in the second degree.

2013-1699 Q CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. KUNIO SULKER, app

2014-1452 K CR. THE PEOPLE, res, v. KUNIO SULKER, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John Cataldo, J.H.O.), rendered May 7, 2014. The judgment convicted defendant, after a nonjury trial, of disorderly conduct.

2014-1452 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. LATOYA BACCHUS, app

2013-2256 K CR. THE PEOPLE, res, v. LATOYA BACCHUS, app — Appeal by defendant, as limited by her brief, from a sentence of the Criminal Court of the City of New York, Kings County (Matthew A. Sciarrino, Jr., J.), imposed September 16, 2013, upon her conviction of assault in the third degree, upon her plea of guilty.

2013-2256 K CR
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

DANIEL MATHEWS, M.D., app, v. ALLSTATE INSURANCE, res

2014-2615 W C. DANIEL MATHEWS, M.D., app, v. ALLSTATE INSURANCE, res — Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), entered June 10, 2014. The judgment, after a nonjury trial, dismissed the action.

2014-2615 W C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. WAYNE WASHINGTON, app

2013-580 K CR. THE PEOPLE, res, v. WAYNE WASHINGTON, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Geraldine Pickett, J., at trial; Michael J. Yavinsky, J., at sentence), rendered February 13, 2013. The judgment convicted defendant, after a nonjury trial, of attempted criminal obstruction of breathing or blood circulation.

2013-580 K CR
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CHRISTOPHER WILLIAMS, app

2014-561 K CR. THE PEOPLE, res, v. CHRISTOPHER WILLIAMS, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Dena E. Douglas, J., at trial; Matthew A. Sciarrino, Jr., J., at sentencing), rendered November 8, 2013. The judgment, insofar as appealed from as limited by the notice of appeal, convicted defendant, after a nonjury trial, of attempted assault in the third degree.

2014-561 K CR
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. LEONARDO REGALADO, app

2014-1446 K CR. THE PEOPLE, res, v. LEONARDO REGALADO, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Michael J. Yavinsky, J.), rendered May 14, 2014. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree and attempted endangering the welfare of a child. The appeal from the judgment of conviction brings up for review an order of the same court (Raymond Rodriguez, J.) dated March 4, 2014, denying defendant's motion to dismiss, on statutory speedy trial grounds, so much of the second superseding information as related to the second time and place of occurrence set forth therein.

2014-1446 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

REMIGIA CARBONELLA, app, v. ANGELINA VINCI CARBONELLA, res, -AND- WILLIAM GLENN BARCHUCK AND “JACKIE DOE” ALSO KNOWN AS “JACQUELINE DOE,” occ

2015-115 RI C. REMIGIA CARBONELLA, app, v. ANGELINA VINCI CARBONELLA, res, -AND- WILLIAM GLENN BARCHUCK AND "JACKIE DOE" ALSO KNOWN AS "JACQUELINE DOE," occ — Appeal from an order of the Civil Court of the City of New York, Richmond County (Kimberley Slade Moser, J.), entered November 17, 2014. The order, insofar as appealed from as limited by petitioner Remigia Carbonella's brief, upon a motion by petitioner to, among other things, restore a licensee summary proceeding to the Resolution Part calendar, and a cross motion by occupant Angelina Vinci Carbonella to, among other things, dismiss the petition for failure to state a cause of action and failure to join a necessary party, marked the proceeding off the calendar and directed that it not be restored except upon motion to join Michael Carbonella as a party.

2015-115 RI C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. DION MENNER, app

2012-2729 K CR. THE PEOPLE, res, v. DION MENNER, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Michael Gerstein, J.), rendered November 13, 2012. The judgment convicted defendant, after a nonjury trial, of attempted patronizing a prostitute in the third degree.

2012-2729 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. ANDRAY KISELYOV, app

2013-1038 K CR. THE PEOPLE, res, v. ANDRAY KISELYOV, app — Appeal from four judgments of the Criminal Court of the City of New York, Kings County (Curtis J. Farber, J.), rendered April 9, 2013. The judgments convicted defendant, upon his pleas of guilty, of attempted petit larceny, criminal trespass in the second degree, and two charges of disorderly conduct, respectively.

2013-1038 K CR
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. PAUL BOSTICCO, app

2013-2610 Q CR. THE PEOPLE, res, v. PAUL BOSTICCO, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (John F. Zoll, J.), rendered September 30, 2013. The judgment convicted defendant, upon his plea of guilty, of petit larceny.

2013-2610 Q CR
: Pesce, P.J., Aliotta and Solomon, JJ.

Supreme Court, Putnam County

Matter of DiFrancesco v. Costello, 1779/2015

'Withdrawal', 'Dismissal' 'Distinction Without Difference'; Sealing Ordered Under CPL §160.50

1779/2015
Justice Paul Marx

Supreme Court, Westchester County

Matter of James v. The Westchester County Board of Elections, 2450/2016

Application to Validate Designating Petitioners' Petitions Denied for 'Ill-Advised' Form Deviations

2450/2016
Justice Charles Wood

Supreme Court, Kings County

Infinity Ins. Co. v. Nazaire, 506767/13

Insurers Fail to Make Prima Facie Showing For Declaration it Properly Rescinded Policy

506767/13
Justice Wavny Toussaint

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

DJS Medical Supplies, Inc. v. Allstate Ins. Co., 2014-2857 K C

Panel Reverses Judgment Dismissing Provider's Complaint, Remits to Civil Court

2014-2857 K C
Before: Pesce, P.J., Solomon and Elliot, JJ.

Civil Court, New York Court, Housing Part C

ROC Century Associates LLC v. Papavasiliou, 82510/2014

Traditional Indicia of Primary Residence Did Not Show Daughter's Residence at Premises

82510/2014
Judge Jack Stoller

Supreme Court, Kings County, IAS Term, Part 52

Russo v. Bhatti, 12673/14

Failure to File Affidavit of Service With Clerk's Office Denies Plaintiff Default Judgment

12673/14
Justice Francois Rivera

Surrogate's Court, Queen's County

ESTATE: Abreu, Rafael

ESTATE: Abreu, Rafael; Allocca, Francene; Ames, J enna Isabella; Beller, Enriqueta; Bishop, Gametta; Carroll, Gloria E.; Cartagena, Enrique; Chevallier, Arlette; Colin, Jonathan; Duong, Kahn; Fiscina, Joseph N.; Fishman, Bella; Gao, Jennifer; Gold, Simon; Goldstein, Richard; Goodrich, Ludmila; Graboski, Theodore S.; Gray, Elizabeth; Han, Sung Bae; Harris, Michelle; Heath, William; Johnson, Lillian A.; Jones, Allena; Joseph, Moses; Kakos, Pavlos; Kitt, Dawn; Knorr, Martin J.; Lacertosa, Mary Angela; Lai, Bryan; Lamar, Paul; Liolis, Tom; Lowe, Michael J.; Maeurer, Pauline; Malinowski, Joseph; Manger, Elyse E.; Maratos, Antonios, Orders Signed


Surrogate Kelly

Appellate Term, Second Judicial Department

ISLAND LIFE CHIROPRACTIC, P.C. AS ASSIGNEE OF JEAN JOSEPH v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

2015-02544 K C. ISLAND LIFE CHIROPRACTIC, P.C. AS ASSIGNEE OF JEAN JOSEPH v. STATE FARM MUTUAL AUTOMOBILE INS. CO. — Motion by appellant to vacate the dismissal and enlarge the time to perfect the app on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 20, 2015.

2015-02544 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DCA 1, L.P. v. FRAZIER

2016-1350 K C. DCA 1, L.P. v. FRAZIER — 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 June 10, 2016.

2016-1350 K C
: Pesce, P.J., Solomon, Elliot, JJ

Appellate Term, Second Judicial Department

443-445 JEFFERSON AVE., LLC v. SEVERIN

2015-2974 K C. 443-445 JEFFERSON AVE., LLC v. SEVERIN — Motion, returnable July 7, 2016, by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 7, 2015, to vacate a stay granted by decision and order on motion of this court dated February 9, 2016.

2015-2974 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

5712 REALTY, LLC v. TONY

2016-1386 K C. 5712 REALTY, LLC v. TONY — 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 May 24, 2016.

2016-1386 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BOUATICK, RANDY

2016-936 Q CR. PEOPLE v. BOUATICK, RANDY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered March 24, 2016, as a poor person, and for the assignment of counsel.

2016-936 Q CR
: Pesce, P.J., Solomon, Elliot, JJ

Appellate Term, First Judicial Department

Henschel, Herbert v. Port Authority of New York and New Jersey et al.

571189/15. Henschel, Herbert v. Port Authority of New York and New Jersey et al.,

571189/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

BLUE WAVE REALTY, LLC v. GEULA, INC.

2016-1667 K C. BLUE WAVE REALTY, LLC v. GEULA, INC. — 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 June 21, 2016.

2016-1667 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PESCE v. LEIMSIDER

2015-2206 RI C. PESCE v. LEIMSIDER — Motion by appellants for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Richmond County, entered June 11, 2015. Cross-motion by respondents to dismiss the appeal and for an award of "compensatory damages for expenses."

2015-2206 RI C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. CONSTABLE, RICKY

2016-1357 K CR. PEOPLE v. CONSTABLE, RICKY — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 22, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-1357 K CR
: Pesce, P.J., Solomon, Elliot, JJ

Appellate Term, Second Judicial Department

BIG APPLE ORTHO PRODUCTS INC. AS ASSIGNEE OF MICHAEL ASHBY v. AMERIPRISE AUTO & HOME

2015-02536 K C. BIG APPLE ORTHO PRODUCTS INC. AS ASSIGNEE OF MICHAEL ASHBY v. AMERIPRISE AUTO & HOME — Motion by appellant to vacate the dismissal and enlarge the time to perfect the app on an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 15, 2015.

2015-02536 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. YAOHUA DENG

2016-1103 S CR. PEOPLE v. YAOHUA DENG — Motion by appellant pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 28, 2016.

2016-1103 S CR
: Marano, P.J.

Appellate Term, Second Judicial Department

78-14 ROOSEVELT, LLC v. HAMILTON MADISON HOUSE, INC.

2016-1360 Q C. 78-14 ROOSEVELT, LLC v. HAMILTON MADISON HOUSE, INC. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 25, 2016.

2016-1360 Q C
: Pesce, P.J., Solomon, Elliot, JJ

Appellate Term, Second Judicial Department

443-445 JEFFERSON AVE., LLC v. SEVERIN

2015-2974 K C. 443-445 JEFFERSON AVE., LLC v. SEVERIN — Motion, returnable July 20, 2016, by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 7, 2015, to vacate a stay granted by decision and order on motion of this court dated February 9, 2016.

2015-2974 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, First Judicial Department

E 117 Mazal Holdings LLC v. Farrington, Rachel

570441/16. E 117 Mazal Holdings LLC v. Farrington, Rachel

570441/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

PEOPLE v. GUAMAN, JULIO

2016-827 Q CR. PEOPLE v. GUAMAN, JULIO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered March 3, 2016, as a poor person, and for the assignment of counsel.

2016-827 Q CR
: Pesce, P.J., Solomon, Elliot, JJ

Appellate Term, Second Judicial Department

TC ACUPUNCTURE, P.C., A/A/O KENTON v. STATE WIDE INS. CO.

2016-1510 K C. TC ACUPUNCTURE, P.C., A/A/O KENTON v. STATE WIDE INS. CO. — Motion by appellant, by order to show cause dated June 24, 2016, 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 May 25, 2016.

2016-1510 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

5670 58 ST. HOLDING CORP. v. ASAP TOWING SERVS., INC.

2016-349 Q C; 2016-1590 Q C. 5670 58 ST. HOLDING CORP. v. ASAP TOWING SERVS., INC. — Motion, by order to show cause, by appellant on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 7, 2015, and an order of the same court dated January 29, 2016 (appeal No. 2016-349 Q C), and by nonparty-appellant on an appeal from an order of the same court dated February 10, 2016 (appeal No. 2016-1590 Q C), for leave to reargue their prior motion for a stay pending the determination of the appeals, which prior motion was determined by decision and order on motion of this court dated April 14, 2016. Separate motion by respondents to modify the temporary stay contained in the order to show cause.

2016-349 Q C; 2016-1590 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

TJ Group USA, Inc., v. MD Kamal Uddin

570568/16. TJ Group USA, Inc., v. MD Kamal Uddin

570568/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

TC ACUPUNCTURE, P.C., A/A/O KENTON v. STATE WIDE INS. CO.

2016-1506 K C. TC ACUPUNCTURE, P.C., A/A/O KENTON v. STATE WIDE INS. CO. — Motion by appellant, by order to show cause dated June 24, 2016, 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 May 25, 2016.

2016-1506 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

2016-1747 Q C

2016-1747 Q C. Appeal from an order of the Civil Court of the City of New York, Queens County, entered May 19, 2016.

2016-1747 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

561 West 186th Street Associates, LLC v. Avila, C. & Hernandez, X. Ex-parte application is declined

570569/16. 561 West 186th Street Associates, LLC v. Avila, C. & Hernandez, X. Ex-parte application is declined.

570569/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

QUALITY REHAB & P.T., P.C. AS ASSIGNEE OF HENRY PACHECO v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

2016-00317 K C. QUALITY REHAB & P.T., P.C. AS ASSIGNEE OF HENRY PACHECO v. STATE FARM MUTUAL AUTOMOBILE INS. CO. — Motion by appellant to vacate the dismissal and enlarge the time to perfect the app on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 28, 2011.

2016-00317 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

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

1472 Properties, LLC v. Solanki, 2015-481 K C

Housing Part Lacked Jurisdiction to Entertain Tenant's Motion After Proceeding Terminated

2015-481 K C
Before: Pesce, P.J., Solomon and Elliot, JJ.

Surrogate's Court, New York County

Matter of Taylor, 2001-3975/A

Court Rules Possibility of Genetic Testing By Alleged Non-Marital Son Not Foreclosed

2001-3975/A
Surrogate Rita Mella

Surrogate's Court, Kings County

Estate of Zolli, 2015-3104

Movant Fails to Show Leave to Reargue Denial Of Motion for Summary Judgment Warranted

2015-3104
Surrogate Margarita Lopez Torres

District Court, Suffolk County

The People v. Hercsky, 2015 SU 005270

Supporting Deposition Allegations, Prosecutor's Information Found Legally Sufficient

2015 SU 005270
Judge Karen Wilutis

Family Court, Kings County

J.B. v. C.C.

Mother, Child Granted Order of Protection Against Father Except for Supervised Visits

[Index Number Redacted by Court]
Judge Judith Waksberg

Surrogate's Court, Bronx County

Estate of Massella, 2014-1542/A

Executor Granted Order Permitting Access To Decedent's Safe Deposit Box

2014-1542/A
Surrogate Nelida Malave-Gonzalez

Appellate Division, First Department

Anonymous, Plaintiff-Respondent v. Anonymous, Defendant-Appellant, 308500/11

Panel Upholds Ruling Boosting Maintenance Award Sixfold

308500/11
Before: Mazzarelli, J.P., Acosta, Saxe, Kapnick, Kahn, JJ.

Appellate Term, First Judicial Department

Cavolina, Louise v. Kovack, Colleen

570530/16. Cavolina, Louise v. Kovack, Colleen

570530/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Five Boro Med Equip a/a/o Small, T. v. ELRAC, Inc.

570528/16. Five Boro Med Equip a/a/o Small, T. v. ELRAC, Inc.,

570528/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Trustees of Columbia University v. Franjul, Christina Ex-parte applications are declined

570566/16. Trustees of Columbia University v. Franjul, Christina Ex-parte applications are declined.

570566/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1266 Olmstead Avenue LLC v. Rosa, Nancy

570499/16. 1266 Olmstead Avenue LLC v. Rosa, Nancy

570499/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Regis Mgmt Group LLC v. Virtuoso, Biz Ex-parte applications are declined

570564/16. Regis Mgmt Group LLC v. Virtuoso, Biz Ex-parte applications are declined.

570564/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

147th Street Corp., v. Carchi, Luis Ex-parte applications are declined

570565/16. 147th Street Corp., v. Carchi, Luis Ex-parte applications are declined.

570565/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Kong's Realty Corp., v. Estate of Marta C. Argueta

570527/16. Kong's Realty Corp., v. Estate of Marta C. Argueta

570527/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

305 Riverside Corp., v. Sandlow, Thomas & Joan Neal

570249/16. 305 Riverside Corp., v. Sandlow, Thomas & Joan Neal

570249/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

31 Cornelia Properties Corp., v. Lemma, Charles & Lucille

570806/15. 31 Cornelia Properties Corp., v. Lemma, Charles & Lucille

570806/15
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PEJ Realty Corp., v. Acosta, Edgar Ex-parte applications are declined

570563/16. PEJ Realty Corp., v. Acosta, Edgar Ex-parte applications are declined.

570563/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

289 & 305 Associates v. Mohan, Maxine Ex-parte applications are declined

570101/16. 289 & 305 Associates v. Mohan, Maxine Ex-parte applications are declined.

570101/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

DeJesus, Julissa v. The East Harlem School & Hageman, Ivan M.

570371/16. DeJesus, Julissa v. The East Harlem School & Hageman, Ivan M.

570371/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CF E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15. CF E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CF E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15. CF E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Civil Court, Kings County, Trial Part 11

Rosemarie Ross, Plaintiff v. Joann Genova, Defendant, CV 068422-15

Lease Obligating Tenant to Pay All Electric Bills Through Shared Meter Is Unenforceable; Landlord Is Responsible for Electric Service Measured Through Shared Meter Minus Nominal Set-Off; Landlord Violated New York Public Service Law §52 by Creating Condition Making It Impossible to Apportion Electric Usage

CV 068422-15
Judge Richard Montelione

Family Court, Kings County

Matter of Jubilee S. (James S. Sr.), 95455

ACS Fails to Provide Evidence Corroborating Child's Hearsay Statements, or Show Harm

95455
Judge Ann O'Shea

Criminal Court, New York County, Part J4

The People v. Slater, 2016SC005362

Conclusory Allegations Not Facts of Evidentiary Character; Instrument Facially Insufficient

2016SC005362
Judge Stephen Antignani

Surrogate's Court, Bronx County

Estate of Singleton, 2012-1636/A

Court Rules Decedent's Father Presumed Predeceased Under SCPA §2225(a)

2012-1636/A
Surrogate Nelida Malave-Gonzalez

Family Court, Bronx County

Matter of Daniella A

Neglect Petition Against Mother Dismissed, Suspended Judgment Entered as Modification

[Index Number Redacted by Court]
Judge Valerie Pels

Criminal Court, Bronx County, Part TP-6

The People v. Caceres, 2013BX045072

Hearsay Evidence Under Fellow Officer Rule Sufficient For DA to Prove Legality of Arrest

2013BX045072
Judge Armando Montano

Surrogate's Court, Richmond County

Matter of Larsen, 2016-484

To Uphold Decedent's Testamentary Intent Water Damaged Will Admitted to Probate

2016-484
Surrogate Robert Gigante

Appellate Division, First Department

Orfeusz M. Jerdonek, Plaintiff-Respondent, v. 41 West 72 LLC, et al., Defendants-Appellants [And a Third-Party Action], 590726/10

Units' Deed Holder Not Liable for Accident at Condominium

590726/10
Before: Friedman, J.P., Andrias, Saxe, Gische, Kapnick, JJ.

Supreme Court, Nassau County, Criminal Term, Part 43

The People of the State of New York, Plaintiff v. Jalal Abodalo, Defendant, 01818N-2008

Finding Actual Innocence, Court Tosses Part of Sex Abuse Conviction

01818N-2008
Acting Justice Teresa Corrigan

Criminal Court, Queens County, Part AP-1

The People of the State of New York, Plaintiff v. Curtis Green, Defendant, 2015QN000650

Judge Declines to Dismiss Criminal Charge Against MTA Driver

2015QN000650
Judge Ernest Hart

Appellate Division, First Department

Jerdonek v. 41 W. 72 LLC, 590726/10

Condominium Board, Not Conversion Sponsor, Owned Common Elements Where Worker Hurt

590726/10
Justice David Friedman

Supreme Court, New York County, Part 35

Block v. Coinmach Corp., 160116/2014

Court Could Not Say Company Lacked Notice Of Recurring Condition; Dismissal Denied

160116/2014
Justice Carol R. Edmead

Supreme Court, Queens County, IAS Part 32

Burkhardt v. Amtrust North America, Inc., 11007/2015

Approval, Confirmation of Settlement Granted; Legal Fees from Settlement Proceeds Approved

11007/2015
Justice Rudolph E. Greco Jr.

Supreme Court, Essex County

Roda v. The Zoning Board of Appeals of the Town of North Elba, CV15-0120

Application Made and Considered Under Prior LUC §4.2.2.(C), Rendered Moot by Amendment

CV15-0120
Justice Robert Muller

Supreme Court, Nassau County, Trial Part 7

Velasquez v. The Donado Law Firm PC, 606619/2015

Defendant Need not Verify Pleading If Doing So May Incriminate Him

606619/2015
Justice Arthur Diamond

Appellate Term, 9th & 10th Judicial Districts

McCann v. McSorley, 2015-463 N C

Order Modified, Dismissal of Plaintiff's Claim Vacated; Plaintiff Awarded $420 From Deposit

2015-463 N C
Before: Iannacci, J.P., and Tolbert, J

Supreme Court, Kings County, IAS Term, Part 57

Brooklyn Heights Assoc., Inc. v. Brooklyn Bridge Park Corp., 514720/15

Construction Challenge Denied for Res Judicata, Limitation Period, Remedy Exhaustion Grounds

514720/15
Justice Lawrence Knipel

Supreme Court, Suffolk County, Part XL

William Sukow and Rockwell Cuisine Concepts, LLC, Plaintiffs v. Eagle Realty Holdings, Inc. and Gloria Rocchio, Defendants, 061523/2013

Landlord Granted Judgment in Action Over Refusal to Honor Extension Clause in Commercial Lease, Settlement Agreement; Although Complaint Asserts Claim for Tortious Interference With Business Relations, Plaintiff's Claim Actually Sounds in Tortious Interference With Prospective Business Relations

061523/2013
Acting Justice James Hudson

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

ESTATE OF S. DANIEL ABRAHAM, (15/1736);

15/1736
Surrogate Mella

Appellate Term, First Judicial Department

237 Realty LLC v. Crawford, Anita L. Ex-parte applications are declined

570448/16. 237 Realty LLC v. Crawford, Anita L. Ex-parte applications are declined.

570448/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CF E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined

571200/15. CF E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined.

571200/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Okslen Acupuncture PC a/a/o Chunasamy, S. v. Mercury Casualty Co.

570418/16. Okslen Acupuncture PC a/a/o Chunasamy, S. v. Mercury Casualty Co.,

570418/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lexington 100 Properties LLC v. Yahav, Saar

570403/16. Lexington 100 Properties LLC v. Yahav, Saar

570403/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

West 139 Street LLC v. Feeney, Maria Ex-parte applications are declined

570501/16. West 139 Street LLC v. Feeney, Maria Ex-parte applications are declined.

570501/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Tavera, Jose

570919/15. People v. Tavera, Jose

570919/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Sibanyoni, Aubrey

570461/16. People v. Sibanyoni, Aubrey

570461/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Peterson, Sherman

570758/15. People v. Peterson, Sherman

570758/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Moore, Jeanne v. Schoop, Stephan & Kirzy Ex-parte applications are declined

570552/16. Moore, Jeanne v. Schoop, Stephan & Kirzy Ex-parte applications are declined.

570552/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

White, Gillian B. v. Bishop, Petrina

570520/16. White, Gillian B. v. Bishop, Petrina

570520/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Tru Xing Acupuncture PC a/a/o Pomaro, C. v. State Farm

570507/16. Tru Xing Acupuncture PC a/a/o Pomaro, C. v. State Farm

570507/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. White, Jahmon

570692/15. People v. White, Jahmon

570692/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Garcia, Carmelo

570453/16. People v. Garcia, Carmelo

570453/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Gillum, Yvette v. Brown, James III Ex-parte applications are declined

570551/16. Gillum, Yvette v. Brown, James III Ex-parte applications are declined.

570551/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF PETER H. BASCH, Deceased

ESTATE OF PETER H. BASCH, Deceased (14/1271/A) — This proceeding has been discontinued pursuant to a stipulation dated July 1, 2016 and filed with the court.

14/1271/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

ESTATE OF S. DANIEL ABRAHAM, (15/1736/A);

15/1736/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF CORA L. LAMB, Deceased

ESTATE OF CORA L. LAMB, Deceased (14/103/A/B/C) — The administrator's proposed compromise of a cause of action for decedent's conscious pain and suffering is approved. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases.

14/103/A/B/C
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF RONALD AUBREY CHARASZ, Deceased

ESTATE OF RONALD AUBREY CHARASZ, Deceased (13/1345/F) — The SCPA 2103 proceeding commenced by Felice Charasz, executor of the will of Ronald Aubrey Charasz, has been discontinued with prejudice pursuant to a stipulation filed on June 24, 2016 (see CPLR 3217 [a] [2]).

13/1345/F
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF LOUISE NICHOLSON, Deceased

ESTATE OF LOUISE NICHOLSON, Deceased (09/0403/A) — This petition for leave to compromise causes of action for the conscious pain and suffering and wrongful death of Louise Nicholson is granted. Proceeds in the sum of $34,107 shall be allocated to the cause of action for conscious pain and suffering and the remaining proceeds shall be allocated to the cause of action for wrongful death as set forth in the petition.

09/0403/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF PAULINE ORENSTEIN ESSIG, Deceased

ESTATE OF PAULINE ORENSTEIN ESSIG, Deceased (83/0087/B) — This contested accounting in the estate of Pauline Orenstein Essig has been settled pursuant to a stipulation filed with the court.

83/0087/B
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

ESTATE OF S. DANIEL ABRAHAM, (15/1736/B);

15/1736/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

ESTATE OF S. DANIEL ABRAHAM, (15/1736/C) — On the court's own motion, the decision in this matter issued on July 18, 2016, is retracted and replaced with the following.

15/1736/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF KATHARINE BROWN, Deceased

ESTATE OF KATHARINE BROWN, Deceased (80/5848/A) — This is an application for an order upon a bank holding trust assets as agent for a now-deceased fiduciary to distribute the trust assets directly to charitable remainder beneficiaries. The relief sought cannot be granted since the court cannot direct the bank to take on the duties and responsibilities of a fiduciary. Accordingly, the application is denied, without prejudice to a further application for the appointment of a fiduciary or another appropriate order.

80/5848/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF ELOISE DAVIS, Deceased

ESTATE OF ELOISE DAVIS, Deceased (10/1529) — This petition for leave to allocate and distribute the net settlement proceeds of the cause of action for the conscious pain and suffering of Eloise Davis is granted. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement proceeds and to execute the necessary receipts and releases. Attorney's fees and disbursements were fixed by order of the Supreme Court, Bronx County. The administrator is authorized to pay herself statutory commissions in the sum of $9,600 and to reimburse herself in the sum of $8,064 for decedent's funeral expenses. She is also authorized to pay the sum of $5,682.50 to Davidow, Davidow, Siegel & Stern, LLP, for services rendered in decedent's guardianship proceeding.

10/1529
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF ROSALIE A. DALL, Deceased

ESTATE OF ROSALIE A. DALL, Deceased (03/2836/A/B) — At the call of the calendar, this unopposed application to appoint a successor trustee of trusts under Article Fourth (A) of the will of Rosalie Dall was granted. The letters of trusteeship previously issued to the deceased trustee, Ronald F. Dall, are hereby revoked.

03/2836/A/B
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MARY M. STILLEY, Deceased

ESTATE OF MARY M. STILLEY, Deceased (12/3003/BCD) — The proposed compromise of causes of action for decedent's personal injury and wrongful death is approved. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases. The proceeds are allocated 100 percent to the cause of action for wrongful death.

12/3003/BCD
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF WILLIAM STUART GREENSPON, Deceased

ESTATE OF WILLIAM STUART GREENSPON, Deceased (07/0446/BC) — After conferences with the court, this proceeding in the estate of William Greenspon to revoke letters of administration c.t.a. and to appoint a successor fiduciary has been discontinued pursuant to a stipulation filed with the court.

07/0446/BC
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF PAULINE KLEINMAN, Deceased

ESTATE OF PAULINE KLEINMAN, Deceased (12/1654/B/C) — At the call of the calendar, this unopposed application to remove an infirm administrator of an estate and to appoint the Public Administrator of New York County as administrator d.b.n. was granted. The letters of administration previously issued to Lawrence Dick are hereby revoked.

12/1654/B/C
Surrogate Anderson

Civil Court, Queens County, Part 30

Patycki v. MTA Bus Co., 300219/15

Plaintiff Sanctioned for Failure to Provide Outstanding Discovery, Delay Tactics

300219/15
Judge Larry Love

Civil Court, Kings County, Part R

Bermudez v. Fuselli, L&T No.88360//2015

Tenants Prove Full Use of Premises, Not Petitioner's Roommates; Holdover Dismissed

L&T No.88360//2015
Judge Hannah Cohen

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

Esposito v. Larig, 2014-2005 K C

Tenants' Rent Overcharge Claims Untimely, Should Have Been Dismissed; Order Modified

2014-2005 K C
Before: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Division, Second Department

Mahoney v. Brockbank, 2014-04029

Prejudgment Interest Computed From Date Of Damages Verdict, Not Liability Stipulation

2014-04029
Before: Rivera, J.P., Balkin, Dickerson, Cohen, JJ.

Supreme Court, Bronx County

U.S. Bank Trust v. N.Y. Depart. of Housing Preservation and Development, 21908/2016E

Case Not Ripe for Judicial Review; Landlord Denied Injunctive Relief Against HPD

21908/2016E
Justice Mitchell Danziger

Supreme Court, New York, Housing Part

418 West 130 Street, LLC v. Baez, 78169/2015

Tenant Establishes Ample Need to Depose Landlord's Head Officer in Holdover Action

78169/2015
Judge Michael Weisberg

Civil Court, New York County

7 E. 86th Realty LLC v. Leof, L & T 60946/2015

Landlord Establishes Ample Need for Discovery As to Tenant's Mobile in Holdover Proceeding

L & T 60946/2015
Judge Sabrina Kraus

Surrogate's Court, Bronx County

Estate of Brittany Marie Bielfeld

Order signed; 209G2001 -Estate of Brittany Marie Bielfeld: Order signed; 2012-962 -Estate of Jean-Louis David Affoumani: Order signed; 2013-711 -Estate of Rosanny Quintana: Order signed; 32G2007 -Estate of Don Jei Durham-Bethea: Order signed; 2012-627 -Estate of Ashley Ysabel Pena: Order signed; 96G2005/A -Estate of Irisa Mavriqi: Order signed; 58G2003 -Estate of Jeremy Alexander Carrasquillo: Order signed; 85G2006/B -Estate of Tyanna Nakia Neufville: Decree signed; 2015-2111 -Guardianship of Xavier Fred Mcinnis: Decree signed; 2015-1946 -Guardianship of Jessica Mae Colthirst: Decree signed; 2015-2388 -Guardianship of Michelle Deborah Stoopack: Decree signed; 2016-200 -Guardianship of Zachary Joseph Velazquez: Decree signed; 2015-601 -Guardianship of Jamari Ajauni Smith: Decree signed; 2015-444 -Guardianship of Travis Cody Santiago

209G2001
Surrogate Malave-Gonzalez

Surrogate's Court, Richmond County

ESTATE OF TORLEIV LARSEN, Deceased

ESTATE OF TORLEIV LARSEN, Deceased (16/484) — In this pending probate proceeding, the petitioner, Alexander James Larsen, decedent's grandson and sole distributee, is seeking to admit a document purporting to be the Last Will and Testament of the decedent. Said document sustained water damage which wiped away the signatures of the decedent and the attesting witnesses. The issue before the Court is whether or not an original document that sustained damage and purporting to be the last will and testament of a decedent, can be admitted to probate without the signature of the decedent and the attesting witnesses. Based on the facts recited below, the answer is in the affirmative.

16/484
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF LISA MOHAMED, Deceased

ESTATE OF LISA MOHAMED, Deceased (11/618/B) — In this pending proceeding, a SCPA 2110 petition to fix attorney's fees in the total amount of $49,952.16 has been filed by Neal Katz, Esq. for services rendered to Leroy Anthony as Temporary Administrator and the Estate of Lisa Mohamed. The issue before the Court is the fair and reasonable value of the services rendered by Petitioner.

11/618/B
Surrogate Gigante

Surrogate's Court, New York County

PAUL EVAN ORLIN, Plaintiff, v. DAVID E. STUTZMAN, AS EXECUTOR OF THE ESTATE OF A. ALEX PORTER, Defendant

PAUL EVAN ORLIN, Plaintiff, v. DAVID E. STUTZMAN, AS EXECUTOR OF THE ESTATE OF A. ALEX PORTER, Defendant (15/653463) — After conference with the court, these proceedings to determine the validity of a claim against the estate of A. Alex Porter have been discontinued pursuant to a stipulation filed with the court.

15/653463
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF A. ALEX PORTER, Deceased

ESTATE OF A. ALEX PORTER, Deceased (14/1680/A);

14/1680/A
Surrogate Anderson

Surrogate's Court, Kings County

ESTATE OF RICHARD ZOLLI, A/K/A RICHARD ZENO ZOLLI, Deceased

ESTATE OF RICHARD ZOLLI, A/K/A RICHARD ZENO ZOLLI, Deceased (15/3104) — Erin Tormey (the movant) seeks leave, pursuant to CPLR §2221(d), to reargue her motion for summary judgment in the abovecaptioned contested accounting proceeding. On December 23, 2015, this court issued its decision and order (the 2015 decision) denying the movant's motion for summary judgment, in which she sought a declaration that Maria Benalcazar (the respondent) is not entitled to a distributive share of the estate of Richard Zolli, a/k/a Richard Zeno Zolli (the decedent) on the grounds that the respondent had abandoned the decedent, her spouse, and that her claim is time-barred. The court determined that the respondent's claim for her distributive share is not time-barred, and that triable issues of fact exist with respect to the claim of abandonment.

15/3104
Surrogate Lopez Torres

Surrogate's Court, Bronx County

Estate of Michael Christopher W illiams

Order signed; 2015-380/B -Estate of Michael Christopher W illiams: Order signed; 2011-2140/B -Estate of Paul Goldreyer : Order signed; 2015-2338/A -Estate of Carmela Aufiero: Order signed; 2014-2114 -Estate of Clive Radix: Decree signed; 2015-2851 -Estate of Richard Lamarcha: Decree signed; 2015-2916 -Estate of Ethel Boatwright: Decree signed; 2015-35 -Estate of Catherine Cardone: Decree signed; 2015-2828 -Estate of Elise Krakower: Decree signed; 2015-1647 -Estate of Trevor Hugh Thomas: Decree signed; 2016-1539 -Estate of W illiam W ilson: Decree signed; 2016-43 -Estate of Nancy Kessler: Decree signed; 2016-402 -Estate of Astor Benjamin: Decree signed; 2016-1159 -Estate of Mario Hernandez: Decree signed; 2015-410 -Estate of Reginald Claxton: Decree signed; 2016-288 -Estate of Elina Gutierrez: Decree signed; 2015-2322/A -Estate of Dujuan Briggs: Decree signed; 2016-1551 -Estate of Lillian McBride: Decree signed; 2016-1483 -Estate of Sara Nunez: Decree signed; 2016-471 -Estate of Ingrid Smith: Decree signed; 2016-1586 -Estate of James H Hull: Decree signed; 2015-1303 -Estate of Joan Martin: Decree signed; 2015-1854 -Estate of Joyce Fuelto: Decree signed; 2016-1014 -Estate of Maria Ricca: Decree signed; 2016-1051 -Estate of Belgica Raposo: Decree signed; 2016-454 -Estate of Beverly Ruddock: Decree signed; 2016-529 -Estate of Clara Lutzker: Decree signed; 2016-1142 -Estate of Naomi Goodley W hite: Decree signed; 2016-1201 -Estate of Emily Harste

2015-380/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Doris Gonzalez Alomar

Order signed; 2014-2136/A -Estate of Doris Gonzalez Alomar: Order signed; 2014-1438/A -Estate of Maurice Malone

2014-2136/A
Surrogate Malave-Gonzalez

Appellate Division, Third Department

The People of the State of New York, Respondent v. Michael J. Gibson, Also Known as Jo-Jo, Appellant, 105996

NY Gun Law Doesn't Match Okla. Offense, Panel Finds

105996
Before: Lahtinen, J.P., McCarthy, Garry, Clark and Mulvey, JJ.

Supreme Court, New York County, Part 11

Rodriguez v. Toys R US, 158806/2012

158806/2012
Justice Joan Madden

District Court, Nassau County, Criminal Term

The People of the State of New York, Plaintiff v. Oscar Portillo, Defendant, 2016 NA000065

2016 NA000065
Justice Darlene Harris

Supreme Court, Westchester County

B.W., Plaintiff v. R.F., Defendant, [Index Number Redacted by Court]

Prenuptial Agreement Valid Where Language Substantially Conforms With Uniform Form Certificate of Acknowledgement Provided in Real Property Law §309-a; Acknowledgement at Issue Complies with Requirements of Real Property Law §292.

[Index Number Redacted by Court]
Justice Linda Christopher

Appellate Division, Fourth Department

Pater v. City of Buffalo, CA 15-00769

Divided Panel Found Court Properly Granted City Defendants' Summary Judgment Motion

CA 15-00769
Before: Presiding Justice Erin Peradotto, J.P., Carni, Lindley, Curran, and Troutman, JJ.

Supreme Court, Clinton County

Trombley Painting Corp. v. Global Industrial Services, Inc., 2014-0685

Defendant's Participation in Litigation Waives Right to Compel Arbitration

2014-0685
Justice Robert Muller

City Court, Albany County

The People v. Ellis, 16-238213

Failure to Check Box Labeling Document Supporting Deposition Ministerial Error

16-238213
Judge Helena Heath

Supreme Court, Westchester County

US Bank N.A. v. Levine, 54232/2015

Notice Provisions of RPAPL §1304 Inapplicable Where Borrower Deceased

54232/2015
Justice William Giacomo

Supreme Court, New York County, IAS Part 42

Lederer v. Daily News, L.P., 650400/15

Complaint States Claims for Contribution Against Photographer, Licensing Agency

650400/15
Justice Nancy Bannon

City Court, Warren County

The People v. Utsett, 2016-0308

Defendant's Request for Supporting Deposition Improperly Made, Denied

2016-0308
Judge Gary Hobbs

Surrogate's Court, Bronx County

ESTATE OF JUTHER PEREZ, ALSO KNOWN AS JUTHER ALFREDO PEREZ, JR., Deceased

ESTATE OF JUTHER PEREZ, ALSO KNOWN AS JUTHER ALFREDO PEREZ, JR., Deceased (13/2302/A) — The administrator seeks to judicially account for the proceeds of a judgment obtained after a jury verdict in the United States District Court, Southern District of New York (Conti, J.) which are being held in his attorneys' escrow account. Counsel fees and disbursements in that action were separately paid by the defendant after the judgment was entered.

13/2302/A
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

CACH, LLC v. POWELL

2015-1550 Q C. CACH, LLC v. POWELL — Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 13, 2015. A judgment was entered pursuant to the order on April 29, 2015.

2015-1550 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

XVV, INC., A/A/O CAMARA v. WARNER INS. CO.

2016-1427 K C. XVV, INC., A/A/O CAMARA v. WARNER INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 8, 2016.

2016-1427 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

30 SNEDEN PROPS., LLC v. MIO XIAN LIN

2016-871 RI C. 30 SNEDEN PROPS., LLC v. MIO XIAN LIN — Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Richmond County, dated April 7, 2016, to vacate a stay granted by decision and order on motion of this court dated May 23, 2016.

2016-871 RI C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

385 BAYVIEW, LLC v. WARREN

2016-793 N C. 385 BAYVIEW, LLC v. WARREN — Motion by appellant on an appeal from a final judgment of the District Court of Nassau County, First District, entered March 1, 2016, to extend appellant's time to comply with the payment requirement of a stay granted by decision and order on motion of this court dated May 25, 2016.

2016-793 N C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. WARD, ANDRE

2015-761 K CR. THE PEOPLE v. WARD, ANDRE — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 23, 2015, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.

2015-761 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

EILEEN LYNCH, app, v. NORTH SHORELONG ISLAND JEWISH HEALTH SYSTEM, INC., res

2015-1100 N C. EILEEN LYNCH, app, v. NORTH SHORELONG ISLAND JEWISH HEALTH SYSTEM, INC., res — Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.; op 46 Misc 3d 1222[A], 2015 NY Slip Op 50254[U]), entered March 4, 2015. The order denied plaintiff's motion to, in effect, vacate the dismissal of the complaint and restore the matter to the calendar.

2015-1100 N C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

HU-NAM-NAM, M.D., AS ASSIGNEE OF TOMAS OCASIO, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app

2014-2330 K C. HU-NAM-NAM, M.D., AS ASSIGNEE OF TOMAS OCASIO, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered September 8, 2014. The order denied defendant's motion for summary judgment dismissing the complaint.

2014-2330 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

RENZLER v. FRAGUELA

2015-2398 D C. RENZLER v. FRAGUELA — Motion by respondents on an appeal from a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, to vacate a stay granted by decision and order on motion of this court dated February 8, 2016, and extended by decision and order on motion of this court dated May 6, 2016. Cross motion by appellant, in effect, for summary reversal, to modify the stay, and for sanctions, costs and other relief.

2015-2398 D C
: Marano, P.J., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

CONWELL v. ZOVELOS

2016-1238 Q C. CONWELL v. ZOVELOS — Motion by appellant for a stay pending the determination of the appeal from an order of the Civil Court of the City of New York, Queens County, entered May 5, 2016, in effect, for summary reversal, and for other relief.

2016-1238 Q C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

MCLIN v. MENTAL HEALTH ASSN.

2016-180 N C. MCLIN v. MENTAL HEALTH ASSN. — Appeal from a "decision and order" of the District Court of Nassau County, First District, entered January 21, 2016. The "decision and order" awarded respondent a judgment of possession in a summary proceeding brought pursuant to RPAPL 713 (10).

2016-180 N C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

OAKWOOD TERRACE HOUS. CORP. v. MONK

2013-975 OR C. OAKWOOD TERRACE HOUS. CORP. v. MONK — Motion by appellant for leave to reargue an appeal from a final judgment of the Justice Court of the Town of New Windsor, Orange County, entered May 30, 2013, which was determined by decision and order of this court dated February 22, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2013-975 OR C
: Tolbert, J.P., Iannacci, Connolly, JJ.

Appellate Term, Second Judicial Department

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

2016-1085 S C. JP MORGAN CHASE BANK, N.A. v. MCCRAE — Motion by appellant, in effect, for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Third District, entered April 22, 2016, or for alternative relief.

2016-1085 S C
: Marano, P.J., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GUILIFIELD, JASHAAD

2016-1648 RO CR. THE PEOPLE v. GUILIFIELD, JASHAAD — Appeal from a judgment of conviction of the Justice Court of the Town of Clarkstown, Rockland County, rendered January 2, 2013. The notice of appeal was filed on June 27, 2016.

2016-1648 RO CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

TISBURY PSYCHOLOGICAL SERVS, P.C., A/A/O CAMARA v. WARNER INS. CO.

2016-1440 K C. TISBURY PSYCHOLOGICAL SERVS, P.C., A/A/O CAMARA v. WARNER INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 8, 2016.

2016-1440 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. DIETZ, DESIREE

2016-1381 S CR. THE PEOPLE v. DIETZ, DESIREE — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered April 27, 2016, as a poor person, and for the assignment of counsel.

2016-1381 S CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

GATES TOWERS, LLC, res, v. KATE PFOHL, app

2014-922 K C. GATES TOWERS, LLC, res, v. KATE PFOHL, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Lydia C. Lai, J.), entered May 15, 2014. The order denied tenant's motion to, in effect, vacate a prior order of the same court (Thomas M. Fitzpatrick, J.) dated May 7, 2014 which, upon tenant's default in appearing at a traverse hearing, had overruled the traverse and denied tenant's underlying motion to vacate a default final judgment that had been entered against her on March 4, 2014.

2014-922 K C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

JOSEPH D. MCCANN, app, v. DAVID MCSORLEY, DOING BUSINESS AS MCSORLEY CUSTOM YACHT CANVAS, res

2015-463 N C. JOSEPH D. MCCANN, app, v. DAVID MCSORLEY, DOING BUSINESS AS MCSORLEY CUSTOM YACHT CANVAS, res — Appeal from a judgment of the District Court of Nassau County, Second District (Joy M. Watson, J.), entered July 2, 2014. The judgment, after a nonjury trial, dismissed plaintiff's cause of action and awarded defendant the principal sum of $1,015.26 on his counterclaim.

2015-463 N C
: Iannacci, J.P., and Tolbert, J.

Appellate Term, Second Judicial Department

THE PEOPLE v. FIELDS, SABRINA

2016-1294 K CR. THE PEOPLE v. FIELDS, SABRINA — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, entered January 31, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-1294 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. HUNGRIA, JAVIER

2016-635 N CR. THE PEOPLE v. HUNGRIA, JAVIER — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 16, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-635 N CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

696 GRAND STREET, LLC, app, v. MICHAEL HOFFMAN, res, -AND- DAN SKINNER, def

2014-2329 K C. 696 GRAND STREET, LLC, app, v. MICHAEL HOFFMAN, res, -AND- DAN SKINNER, def — Appeal from (1) a decision of the Civil Court of the City of New York, Kings County (Noach Dear, J.), dated June 10, 2014, and (2) a judgment of the same court entered June 23, 2014, deemed from an amended judgment of the same court entered June 23, 2014 (see CPLR 5512 [a]). The amended judgment, entered pursuant to the decision, after a nonjury trial, dismissed so much of the complaint as is against defendant Michael Hoffman.

2014-2329 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ABEL, ARNOLD

2015-773 K CR. THE PEOPLE v. ABEL, ARNOLD — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 31, 2015, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.

2015-773 K CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

LEIBOWITZ v. TOWN MGT. CO.

2015-2728 K C. LEIBOWITZ v. TOWN MGT. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 11, 2015.

2015-2728 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ

2016-867 K C; 2016-1007 K C; 2016-1008 K C; 2016-1010 K C. BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ; BH 2105 ATL., LLC v. RODRIGUEZ — Motion by appellant to consolidate the above-captioned appeals from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2015, and to perfect the appeals with a single brief.

2016-867 K C; 2016-1007 K C; 2016-1008 K C; 2016-1010 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

REGISTRE v. JAMES

2016-1421 K C. REGISTRE v. JAMES — Motion by appellant, by order to show cause, 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 May 19, 2016.

2016-1421 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BOWMAN

2016-626 S C. THE PEOPLE v. BOWMAN — Motion by appellant for an enlargement of time to perfect an appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, entered February 22, 2016, and to compel the District Court to file the record on appeal with this court.

2016-626 S C
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SOLLO, MICHAEL

2014-1035 S CR. THE PEOPLE v. SOLLO, MICHAEL — Motion by respondent on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered April 9, 2014, to strike the appellant's brief for failure to include certain required transcripts in the record on appeal, or for alternative relief. Cross motion by appellant for leave to proceed upon an abridged record.

2014-1035 S CR
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

DEFINE v. TOTS-N-US NURSERY SCH.

2016-1633 D C. DEFINE v. TOTS-N-US NURSERY SCH. — Purported appeal from a small claims judgment of the Justice Court of the Town of East Fishkill, Dutchess County, entered April 4, 2016.

2016-1633 D C
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

BM REALTY 1, LLC v. GALL

2016-427 K C. BM REALTY 1, LLC v. GALL — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2016, to vacate a stay granted by decision and order on motion of this court dated March 30, 2016.

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

Appellate Term, Second Judicial Department

CHIROCARE CHIROPRACTIC ASSOCIATES, AS ASSIGNEE OF ANTONETA MERTIRI, app, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, res

2014-1568 S C. CHIROCARE CHIROPRACTIC ASSOCIATES, AS ASSIGNEE OF ANTONETA MERTIRI, app, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, res — Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated June 4, 2014. The order granted the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground that the action is barred by virtue of defendant's workers' compensation fee schedule defense.

2014-1568 S C
: Marano, P.J., Tolbert and Garguilo, JJ.

Surrogate's Court, Richmond County

ESTATE OF CAROL MOON, A/K/A CAROL A. MOON, Deceased

ESTATE OF CAROL MOON, A/K/A CAROL A. MOON, Deceased (15/907/A) — This administration proceeding first appeared on this Court's Calendar of March 16, 2016 as the return date of a Citation. At such time, distributee, William C. Ventro, appeared.

15/907/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF PHILLIP NUCCI, Deceased

ESTATE OF PHILLIP NUCCI, Deceased (14/333/C) — In this proceeding the petitioner, Attilio Nucci, a distributee in intestacy in the estate of the decedent, Phillip Nucci, has requested, pursuant to EPTL 2-1.11(b)(2), an extension of the time to file and serve a renunciation of his intestate share of decedent's estate.

14/333/C
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF WILLIAM R. CONTE, Deceased

ESTATE OF WILLIAM R. CONTE, Deceased (11/908/A) — The Limited Executrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters Testamentary issued by this Court on November 3, 2011, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.

11/908/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF LOUIS FACCIOLO, A/K/A LOUIS D. FACCIOLO, Deceased

ESTATE OF LOUIS FACCIOLO, A/K/A LOUIS D. FACCIOLO, Deceased (15/412) — Petitioner seeks to admit to probate a testamentary instrument, dated March 26, 2013, which purports to be the Last Will and Testament of the within decedent and to issue Limited Letters Testamentary to the petitioner herein.

15/412
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF SYLVIA SANDOWSKY, Deceased

ESTATE OF SYLVIA SANDOWSKY, Deceased (16/672/A) — Petitioners seek probate of a propounded instrument, dated June 17, 2008, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to them.

16/672/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF DORIS PEREZ, A/K/A DORIS A. PEREZ, Deceased

ESTATE OF DORIS PEREZ, A/K/A DORIS A. PEREZ, Deceased (15/845) — In this limited administration proceeding seeking the appointment of the Public Administrator of Richmond County for the limited purpose of receiving service of process within a pending Supreme Court proceeding, an application pursuant to SCPA 1003(4) was made.

15/845
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF YURIKO IKEFUGI, A/K/A YURIKO ONODA IKEFUGI, Deceased

ESTATE OF YURIKO IKEFUGI, A/K/A YURIKO ONODA IKEFUGI, Deceased (08/1090/B) — The decedent, Yuriko Ikefugi, a/k/a Yuriko Onoda Ikefugi, died on November 8, 2008. Letters Testamentary were issued in the within estate to Alfred Ikefugi on January 20, 2009. Alfred Ikefugi died on August 28, 2015.

08/1090/B
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF VASILIKI STASINOPOULOS, Deceased

ESTATE OF VASILIKI STASINOPOULOS, Deceased (16/106/A) — Petitioners seek probate of a propounded instrument, dated November 14, 2015, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to them.

16/106/A
Surrogate Gigante

Surrogate's Court, Bronx County

ESTATE OF LOUIE E. MORALES, Deceased

ESTATE OF LOUIE E. MORALES, Deceased (11/1260/B) — The administrator, the mother of the decedent, seeks leave to compromise causes of action arising from events leading to the decedent's death settled after mediation.

11/1260/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF BARBARA SINGLETON, Deceased

ESTATE OF BARBARA SINGLETON, Deceased (12/1636/A) — In this proceeding to judicially settle the account of the co-executors, the decedent's sisters, citation issued to Clarence Jones, the decedent's father whose whereabouts are unknown, seeking to determine him to be deceased, or alternatively disqualify him on the grounds of abandonment.

12/1636/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF LEONARDO D. N. G., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF LEONARDO D. N. G., AN ALLEGED MENTALLY RETARDED PERSON (15/2876) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2876
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF TRAVIS C. S., AN ALLEGED INTELLECTUALLY DISABLED PERSON

GUARDIANSHIP OF TRAVIS C. S., AN ALLEGED INTELLECTUALLY DISABLED PERSON (15/444) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person.

15/444
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF GEORGIA DAVIDSON, ALSO KNOWN AS GEORIA MAE DAVIDSON, Deceased

ESTATE OF GEORGIA DAVIDSON, ALSO KNOWN AS GEORIA MAE DAVIDSON, Deceased (10/2448/A) — The administrator, the decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that so that she may distribute from her attorney's escrow account and judicially account for the net proceeds of a personal injury cause of action settled in the Supreme Court, Bronx County (Green, J.). The supreme court order, inter alia, awarded attorney fees and disbursements, and directed payment of asserted Medicare and Medicaid liens.

10/2448/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF LAURO R. L., ALSO KNOWN AS LAURO R. L. S., AN ALLEGED INTELLECTUALLY DISABLED PERSON

GUARDIANSHIP OF LAURO R. L., ALSO KNOWN AS LAURO R. L. S., AN ALLEGED INTELLECTUALLY DISABLED PERSON (16/331) — 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 intellectually disabled person.

16/331
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF LAVETTE M. P., A MENTALLY RETARDED PERSON

GUARDIANSHIP OF LAVETTE M. P., A MENTALLY RETARDED PERSON (12/2667/A) — In this application, the petitioner, the ward's mother, seeks to remove the restrictions on her letters of guardianship so that she may receive and utilize the remaining settlement proceeds of an action for the ward's personal injuries settled in the Supreme Court, Bronx County (Tuitt, J.) to join and fund the CLC Pooled Trust II (the pooled trust) for the ward's benefit. The supreme court order, inter alia, directed the payment of trial counsel's fees and disbursements, a physician's claim, and that the net distributable proceeds were to be held in escrow by trial counsel pending the decree of this court, with an intent to establish and fund an appropriate trust for the ward's benefit. The petitioner also seeks an award of attorneys' fees and costs in bringing this proceeding, to be paid from the ward's funds.

12/2667/A
Surrogate Malave-Gonzalez

Supreme Court, New York County, Part 55

Rodriguez v. 5W Public Relations, LLC, 156571/14

Judge Turns Back Class Action Seeking Back Pay for Interns

156571/14
Justice Cynthia Kern

Appellate Division, Third Department

People v. Michael Harris, 106323

Court Finds Drug Evidence Was Improperly Gathered

106323
Before: Lahtinen, J.P., Rose, Lynch, Clark and Aarons, JJ.

Family Court, Suffolk County

Matter of Aidin V., NN-17500-14

County Compelled to Respond to Discovery Demands Via Paper Documents, Not CDs

NN-17500-14
Judge Richard Hoffmann

Supreme Court, Suffolk County, IAS/Trial Part 34

Williams v. Chustckie, 19380/14

Causes of Action for Promissory Estoppel And Fraud Based on Oral Agreement, Dismissed

19380/14
Justice Joseph Pastoressa

Supreme Court, Kings County

The People v. Doe, 2013KN067190

Veteran's 'Clayton' Motion to Dismiss Menacing Charge in Interest of Justice Granted

2013KN067190
Justice Jo Ann Ferdinand

Surrogate's Court, Bronx County

Matter of White, 2010-159/A

Court Permits Additional Legal Fee To Be Paid by Trustee From SNT Funds

2010-159/A
Surrogate Nelida Malave-Gonzalez

Supreme Court, New York County, Part 19

Sorgho v. 6056 Owners Co., LLC, 160984/2013

Factual Issues Remain if Elevator Condition Open, Obvious Precluding Summary Judgment

160984/2013
Justice Kelly O'Neill Levy

Appellate Term, 9th & 10th Judicial Districts

The People v. Gregory, 2014-630 N CR

Failure to Prove Owner Violated Covenant, COO Reverses Zoning Code Conviction

2014-630 N CR
Before: Garguilo, J.P., Iannacci and Brands, JJ.

Surrogate's Court, New York County

ESTATE OF HAROLD FLEISHER, Deceased

ESTATE OF HAROLD FLEISHER, Deceased (12/4187/C) — A claim asserted against the estate of Harold Fleischer was dismissed by decision and order of this court dated October 14, 2015, in a proceeding under SCPA 1809. The administrator has petitioned for amendment of his letters of administration to omit the requirement of the bond that was imposed to protect the creditor's claim.

12/4187/C
Surrogate Mella

Appellate Term, First Judicial Department

Esplanade Gardens Inc., v. Licciardi, John

570518/16. Esplanade Gardens Inc., v. Licciardi, John

570518/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Promenade Global LLC v. Baez, Wanda Ex-parte applications are declined

570538/16. Promenade Global LLC v. Baez, Wanda Ex-parte applications are declined.

570538/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Lewis, Richard

570961/14. People v. Lewis, Richard

570961/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

E 117 Mazal Holdings LLC v. Farrington, Rachel Ex-parte applications are declined

570441/16. E 117 Mazal Holdings LLC v. Farrington, Rachel Ex-parte applications are declined.

570441/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

502 West 152nd Street LLC v. Soumahoro, Mohammed Ex-parte applications are declined

570535/16. 502 West 152nd Street LLC v. Soumahoro, Mohammed Ex-parte applications are declined.

570535/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

773 FLATBUSH AVE. CORP. v. YAN HONG ZHANG

2015-1759 K C. 773 FLATBUSH AVE. CORP. v. YAN HONG ZHANG — Motion by appellant to enlarge his time to serve and file an amended appellant's brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 13, 2015.

2015-1759 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Chen, Min

570154/14. People v. Chen, Min

570154/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Missionary Sisters Inc., v. Fauerbach, Vivien

570939/15. Missionary Sisters Inc., v. Fauerbach, Vivien

570939/15
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Tavarez, Robert

570693/15. People v. Tavarez, Robert

570693/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Smith, Shardonda

571062/15. People v. Smith, Shardonda

571062/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Blandino, Roberto

570880/11. People v. Blandino, Roberto

570880/11
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. POORMAN, DWIGHT

2016-1433 Q CR. THE PEOPLE v. POORMAN, DWIGHT — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered September 9, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-1433 Q CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, First Judicial Department

People v. Jones, John

570807/14. People v. Jones, John

570807/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Grand St Guild HDFC, Inc., v. Wray, Tyrone Ex-parte applications are declined

570533/16. Grand St Guild HDFC, Inc., v. Wray, Tyrone Ex-parte applications are declined.

570533/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Orta, Heriberto

570460/16. People v. Orta, Heriberto

570460/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Harden, Michael

570393/15. People v. Harden, Michael

570393/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. WHITE, DEDAN

2016-819 K CR. THE PEOPLE v. WHITE, DEDAN — 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 March 7, 2016, as a poor person, and for the assignment of counsel.

2016-819 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, First Judicial Department

People v. Polanco, Carlos

570005/13. People v. Polanco, Carlos

570005/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Wells Fargo Bank N.A. v. Jennings, Janice Ex-parte applications are declined

570536/16. Wells Fargo Bank N.A. v. Jennings, Janice Ex-parte applications are declined.

570536/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

HSBC BANK USA, N.A. v. POSY

2014-2273 N C. HSBC BANK USA, N.A. v. POSY — Appeal from an order of the District Court of Nassau County, First District, entered July 9, 2014. The appeal has been perfected. By decision and order on motion of the Appellate Division, Second Judicial Department, dated November 12, 2015, Menez Jean-Jerome, the attorney for appellants, was immediately suspended from the practice of law pending further order of that Court.

2014-2273 N C
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, First Judicial Department

People v. Williams, Michael

570561/14. People v. Williams, Michael

570561/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Kamara, Bai

570286/15. People v. Kamara, Bai

570286/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

237 Realty, LLC v. Crawford, Anita Ex-parte applications are declined

570448/16. 237 Realty, LLC v. Crawford, Anita Ex-parte applications are declined.

570448/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. LARGIE, HOWARD

2016-1358 K CR. THE PEOPLE v. LARGIE, HOWARD — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Civil Court of the City of New York, Kings County, rendered October 7, 2015.

2016-1358 K CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, First Judicial Department

People v. Colon, Eladio

570269/14. People v. Colon, Eladio

570269/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CF E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined

571200/15. CF E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined.

571200/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. McDonald, Joel

570801/14. People v. McDonald, Joel

570801/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Innovative MR Imaging P.C. a/a/o Marcellus, G. v. National Liability & Fire

571001/15. Innovative MR Imaging P.C. a/a/o Marcellus, G. v. National Liability & Fire

571001/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Jones, John

571063/13. People v. Jones, John

571063/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Gaye, Abdoulaye

570113/13. People v. Gaye, Abdoulaye

570113/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

MY FIRST TAXI, INC. v. IZQUIERO

2016-1610 Q C. MY FIRST TAXI, INC. v. IZQUIERO — Appeal from an order of the Civil Court of the City of New York, Queens County, entered June 4, 2015.

2016-1610 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. POORMAN, DWIGHT

2016-1434 Q CR. THE PEOPLE v. POORMAN, DWIGHT — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 25, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-1434 Q CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SHENYEN, TENZIN

2016-1362 K CR. THE PEOPLE v. SHENYEN, TENZIN — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 23, 2015.

2016-1362 K CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, First Judicial Department

D & H Rehabilitation Medical a/a/o Sutton, W. v. Praetorian Ins. Co.

570877/15. D & H Rehabilitation Medical a/a/o Sutton, W. v. Praetorian Ins. Co.

570877/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Jenkins, Christopher

570840/15. People v. Jenkins, Christopher

570840/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. ZELAYA, ALEXANDER D.

2015-02605 S CR. THE PEOPLE v. ZELAYA, ALEXANDER D. — Motion by appellant to enlarge the time to perfect on an appeal from an order of the District Court of Suffolk County, Traffic And Parking Violations Agency, entered September 4, 2015.

2015-02605 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, First Judicial Department

People v. Emesowum, Chukwunyere

570088/15. People v. Emesowum, Chukwunyere

570088/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

773 FLATBUSH AVE. CORP. v. ST. SURIN

2015-1775 K C. 773 FLATBUSH AVE. CORP. v. ST. SURIN — Motion by appellant to enlarge his time to serve and file an amended appellant's brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 13, 2015.

2015-1775 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

Sixteenth Associates LLC v. Cruz, Antonio & Victor Ex-parte applications are declined

570534/16. Sixteenth Associates LLC v. Cruz, Antonio & Victor Ex-parte applications are declined.

570534/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

695 Nicholas realty Corp., v. Diop, Serigne Ex-parte applications are declined

570537/16. 695 Nicholas realty Corp., v. Diop, Serigne Ex-parte applications are declined.

570537/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Walsh, Joshua

570238/13. People v. Walsh, Joshua

570238/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Tardif, Mary

570006/13. People v. Tardif, Mary

570006/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Lee, Nicole

570820/15. People v. Lee, Nicole

570820/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Quedraogo, Relwinde

570665/11. People v. Quedraogo, Relwinde

570665/11
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Ozbek, Vrez

570191/13. People v. Ozbek, Vrez

570191/13
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. LARGIE, HOWARD

2016-1361 K CR. THE PEOPLE v. LARGIE, HOWARD — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Civil Court of the City of New York, Kings County, rendered October 26, 2015.

2016-1361 K CR
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BARRETT-JONES, JOY

2016-1176 RI CR. THE PEOPLE v. BARRETT-JONES, JOY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered April 16, 2016, as a poor person, and for the assignment of counsel.

2016-1176 RI CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RANSOM, RONALD

2016-00415 N CR. THE PEOPLE v. RANSOM, RONALD — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the Justice Court of the Village of Hempstead, Nassau County, rendered December 30, 2015.

2016-00415 N CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, First Judicial Department

People v. Sauri, Josefina

570305/14. People v. Sauri, Josefina

570305/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Williford, Mark

570306/16. People v. Williford, Mark

570306/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

PEOPLE v. RANSOM, RONALD

2016-00416 N CR. PEOPLE v. RANSOM, RONALD — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the Justice Court of the Village of Hempstead, Nassau County, rendered December 30, 2015.

2016-00416 N CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, First Judicial Department

People v. Monroe, Jaquan

570644/14. People v. Monroe, Jaquan

570644/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Alejandro, Monica

571000/15. People v. Alejandro, Monica

571000/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF LINDA STILLMAN, Deceased

ESTATE OF LINDA STILLMAN, Deceased (05/4515/B/C) — This application by the co-trustees seeking permission to resign, and for the appointment of a successor "Independent Trustee" as described in decedent's will, is granted. The relief sought is unopposed, the successor trustees designated under decedent's will have duly executed renunciations, the consent and designation of the nominated successor independent trustee has been provided, the guardian ad litem appointed to represent the interests of one of the trust beneficiaries has interposed no objections, and the other beneficiaries have duly executed consents.

05/4515/B/C
Surrogate Mella

Surrogate's Court, Kings County

Proceeding for the Appointment of a Guardian for Michelle M., 2014-XXXX

Noting Human Rights Concerns, Surrogate Denies Guardianship of Disabled Adult

2014-XXXX
Surrogate Margarita Lopez Torres

Supreme Court, Dutchess County

Matter of Ciaprazi v. Evans, 0910/2016

Faulting Parole Board, Judge Orders Inmate's Release

0910/2016
Justice James Pagones

Appellate Division, Third Judicial Department

People v. Justin Elmendorf, 106958

106958
Before: Garry, J.P., Egan Jr., Lynch, Devine and Mulvey, JJ.

Appellate Division, Third Department

In the Matter of the Claim of Joyce Kliman, Respondent Genesee Region Home Care Association, Inc., Doing Business as Lifetime Care, Appellant Commissioner of Labor, Respondent, 521465

Pediatric Palliative Care Home Is Liable for Unemployment Insurance Contributions on Payments to Licensed Creative Arts Therapist; Despite Not Directly Supervising Claimant's Therapeutic Services Palliative Care Home Had Overall control Over Work Performed by Claimant and Others Similarly Situated

521465
Before: Lahtinen, J.P., McCarthy, Garry, Clark and Mulvey, JJ.

Family Court, Queens County

Matter of Kevin, A-12627/04

Adoptee's Desire for Original Birth Certificate Insufficient to Constitute Good Cause, Denied

A-12627/04
Judge John Hunt

Surrogate's Court, Kings County

Proceeding for the Appointment of a Guardian for Antonio C., 2015-4490

Petitioner Denied Appointment as Disabled Individual's Guardian Under Article 17-A

2015-4490
Surrogate Margarita Lopez Torres

Criminal Court, Bronx County, Part AP-3

The People v. Ford, 2016BX007343

Absence of Allegation Identifying Official Function Dismisses Obstruction Charge

2016BX007343
Judge Armando Montano

Surrogate's Court, Bronx County

Estate of Marcus, 578 P 1994/F and G

Movant Fails to Provide Justification for Failing To Present Facts to Change Prior Determination

578 P 1994/F and G
Surrogate Nelida Malave-Gonzalez

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

The People v. Aragon, 2013-1198 Q CR

Defendant Clearly Pleaded to Aggravated Driving While Intoxicated; Conviction Affirmed

2013-1198 Q CR
Before: Solomon, J.P., Aliotta and Elliot, JJ.

Criminal Court, New York County, Part C

The People v. Chen, 2014NY062415

Court Partly Grants, Partly Denies Dismissal Of Trademark Counterfeiting Charges

2014NY062415
Judge Lyle Frank

Surrogate's Court, Richmond County

ESTATE OF FRANK C. LAFORGIA, A/K/A FRANK LAFORGIA, A/K/A FRANCO CARMINE LAFORGIA, Deceased

ESTATE OF FRANK C. LAFORGIA, A/K/A FRANK LAFORGIA, A/K/A FRANCO CARMINE LAFORGIA, Deceased (13/331/E) — In this pending probate proceeding, Fox Rothschild, LLP., the former long time attorneys for decedent and his company, filed a SCPA §2110 petition to pay attorney's fees. The application is opposed by the estate. The estate has also interposed a cross claim against Fox Rothschild, LLP.

13/331/E
Surrogate Gigante

Appellate Term, Second Judicial Department

NEW HORIZON SURGICAL CENTER, L.L.C., AS ASSIGNEE OF MICHAEL YIANGINIS, res, v. ALLSTATE INSURANCE COMPANY, app

2014-2978 RI C. NEW HORIZON SURGICAL CENTER, L.L.C., AS ASSIGNEE OF MICHAEL YIANGINIS, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered November 12, 2014. The judgment, entered upon a decision of the same court dated February 4, 2014, after a nonjury trial, awarded plaintiff the principal sum of $7,790.60.

2014-2978 RI C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

FEDERATED CAPITAL CORPORATION, AS ASSIGNEE OF ADVANTA BANK CO., res, v. MICHAEL B. BOSCO, app, -AND- CASA BOSCO, INC., def

2015-1042 RI C. FEDERATED CAPITAL CORPORATION, AS ASSIGNEE OF ADVANTA BANK CO., res, v. MICHAEL B. BOSCO, app, -AND- CASA BOSCO, INC., def — Appeal from an order of the Civil Court of the City of New York, Richmond County (Theresa M. Ciccotto, J.), entered April 22, 2015. The order denied the motion by defendant Michael B. Bosco for, in effect, leave to reargue and renew his prior motion to vacate a default judgment, which had been denied in an order of the same court entered July 10, 2014.

2015-1042 RI C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

CAPITAL 2000, LLC, res, v. WAYNE TATUM, app, -AND- “JANE DOE” AND “JOHN DOE”, occ

2015-588 Q C. CAPITAL 2000, LLC, res, v. WAYNE TATUM, app, -AND- "JANE DOE" AND "JOHN DOE", occ — Appeal from an order of the Civil Court of the City of New York, Queens County (John S. Lansden, J.), entered February 10, 2015. The order denied a motion by Wayne Tatum to be restored to possession.

2015-588 Q C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

ATANAS VANCHEV, res, v. ELIZABETH MULLIGAN, app

2014-2350 Q C. ATANAS VANCHEV, res, v. ELIZABETH MULLIGAN, app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered September 19, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,170.35.

2014-2350 Q C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

DJS MEDICAL SUPPLIES, INC., AS ASSIGNEE OF DENNIS JOHNSON, app, v. ALLSTATE INSURANCE COMPANY, res

2014-2857 K C. DJS MEDICAL SUPPLIES, INC., AS ASSIGNEE OF DENNIS JOHNSON, app, v. ALLSTATE INSURANCE COMPANY, res — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered July 3, 2014. The judgment, after a nonjury trial, dismissed the complaint.

2014-2857 K C
: Pesce, P.J., Solomon and Elliot, JJ.

Appellate Term, Second Judicial Department

TINA ESPOSITO, app, v. SOPHRONIA LARIG ALSO KNOWN AS SOPHIA LARIG AND EYAL DAN, res, -AND- “JOHN DOE” AND “JANE DOE,”, und

2014-2005 K C. TINA ESPOSITO, app, v. SOPHRONIA LARIG ALSO KNOWN AS SOPHIA LARIG AND EYAL DAN, res, -AND- "JOHN DOE" AND "JANE DOE,", und — Appeal from an order of the Civil Court of the City of New York, Kings County (Maria Milin, J.), entered June 9, 2014. The order, insofar as appealed from, denied landlord's cross motion for, among other things, summary judgment on the petition, to dismiss tenants' rent-overcharge counterclaims, and for an award of use and occupancy, and granted tenants' "cross motion" for summary judgment dismissing the petition, in a holdover summary proceeding.

2014-2005 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

1650 REALTY ASSOCIATES, LLC, res, v. IBRAHIM SASOUN, app, -AND- “JOHN DOE” AND “JANE DOE”, und

2015-1480 K C. 1650 REALTY ASSOCIATES, LLC, res, v. IBRAHIM SASOUN, app, -AND- "JOHN DOE" AND "JANE DOE", und — Appeal from an order and final judgment of the Civil Court of the City of New York, Kings County (Marina C. Mundy, J.), both entered May 15, 2015. The order granted landlord's motion for summary judgment and denied tenant's cross motion for summary judgment dismissing the petition in a holdover summary proceeding. The final judgment, entered pursuant to the order, awarded landlord possession and the principal sum of $49,354.55.

2015-1480 K C
: Pesce, P.J., Solomon and Elliot, JJ.

Surrogate's Court, Richmond County

ESTATE OF DONALD LEO, Deceased

ESTATE OF DONALD LEO, Deceased (13/996) — In the within administration proceeding, there are two motions currently pending before the Court, one to amend the decedent's death certificate to state that Maureen Leo is the surviving spouse, and the second to disqualify Maureen Leo as administrator due to her alleged ineligibility to serve as fiduciary of the decedent's estate.

13/996
Surrogate Gigante

Surrogate's Court, Richmond County

Kamila Rose Szandrowski; Kevin M. Wismer; Mary Anne Tomaszewski; Jessica Lynn Latta; Jonathan A. Latta; Jared M. Reiter

MATTER OF: Kamila Rose Szandrowski; Kevin M. Wismer; Mary Anne Tomaszewski; Jessica Lynn Latta; Jonathan A. Latta; Jared M. Reiter


Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF AGNES KINSELLA, Deceased

ESTATE OF AGNES KINSELLA, Deceased (14/30/A) — In this proceeding to determine the validity of a claim, Carmel Richmond Health Care & Rehabilitation Center (hereinafter "Petitioner") seeks to recover $32,252.13 based upon decedent's Net Available Monthly Income ("NAMI"),pursuant to her Medicaid eligibility as determined by the New York City Human Resources Administration. From 2007 to the date of her death on October 15, 2013, the decedent was a resident at petitioner's facility and died with a gross estate valued at $27,000.00. On January 15, 2014, decedent's daughter, Marianne Morris was appointed the Voluntary Administratrix of her mother's estate.

14/30/A
Surrogate Gigante

Surrogate's Court, Richmond County

Salvatore Borriello -J ; Benny D'Amato - E ; Frank L. Giovinazzo - C ; John Anstett - D ; John Anstett - C ; Thomas Martino - H ; Margie Poole - A S; Peter Caputo; Francesco Ciappina; James F. Ronaldson; Charlotte Duncan; John Mallen

MATTER OF: ; Salvatore Borriello -J ; Benny D'Amato - E ; Frank L. Giovinazzo - C ; John Anstett - D ; John Anstett - C ; Thomas Martino - H ; Margie Poole - A S; Peter Caputo; Francesco Ciappina; James F. Ronaldson; Charlotte Duncan; John Mallen


Surrogate Gigante