State Court Decisions

Supreme Court, Oneida County

Matter of Robert V. v. The State of N.Y., CA2015-002561

Confined Sex Offender Denied Petition To Access, Review Records in MHLS' Possession

CA2015-002561
Justice Louis Gigliotti

Criminal Court, Kings County, Part AP2

The People v. Mitchell, 2015KN049374

Issuance of Search Warrant Based on Probable Cause; Motion to Controvert Warrant Denied

2015KN049374
Judge Joy Campanelli

Criminal Court, New York County

The People v. Rondon, 2016NY020807

Water Taxi Ride a 'Service' Not Entertainment, Charges for Peddling Without License Upheld

2016NY020807
Judge Steven Statsinger

Supreme Court, New York County, Part 35

Villongco v. Tompkins Square Bagels, 153093/2014

Employer Granted Dismissal of Personal Injury Suit, Not Liable for Negligent Hiring

153093/2014
Justice Carol Robinson Edmead

Supreme Court, New York County

Sione B. v. Doug B., 311438/13

Stipulation Clear, QDRO Accurately Reflects Its Terms of SAG Pension Distributions to Wife

311438/13
Justice Laura Drager

Appellate Division, First Judicial Department

In re Tiemann Place Realty, LLC v. 55 Tiemann Owners Corp., 159958/14

Apartment's Assignee Bound By Stipulation, Lease Terms Limiting Board Membership

159958/14
Justice Rolando Acosta

Supreme Court, Westchester County

Bucaj v. Capra Re, 50826/2014

Injured Firefighter's Claim Against Restaurant Proceeds

50826/2014
Justice Lawrence Ecker

Appellate Division, Second Department

Matter of Pinkesz v. Wertzberger, 14531/13

Ruling Bars Arbitrator From Modifying Original Award

14531/13
Before: Dillon, J.P., Chambers, Barros, Nelson, JJ.

Appellate Division, First Department

Wigdor v. SoulCycle, 161572/14

Suit by Lawyer Banned From SoulCycle Dismissed

161572/14
Before: Sweeny, J.P., Saxe, Moskowitz, Gische, Webber, JJ.

Family Court, Kings County, Part 18

Matter of Kareema H., N27985/14

Foster Care Terminated, Maternal Aunt Granted Sole Legal, Physical Custody of Child

N27985/14
Judge Lillian Wan

Family Court, Kings County, Part 3

Matter of Bertin E., Jr. v. Janis G., F-07609-04/15D

Court Declines to Credit Father's Testimony, Denies Objections to Amended Dismissal Order

F-07609-04/15D
Judge Javier Vargas

Surrogate's Court, Kings County

Will of Chiavelli, 1606-2015

Court Rules 2008 Will Executed in St. Maarten Revokes 2006 Will Executed in New York

1606-2015
Surrogate Diana Johnson

Supreme Court, Kings County, Criminal Term, Part AJ Tap

The People v. Perez, 10476-2014

First Degree Attempted Murder Legally Cognizable Crime, Dismissal Denied

10476-2014
Justice Matthew D'Emic

Surrogate's Court, New York County

Will of Mark, 2014-856

Objectants Denied Stay of Discovery, Directed to Produce Responsive Documents

2014-856
Surrogate Nora Anderson

Supreme Court, New York County

Matter of Fernandez v. The N.Y. City Police Dept., 100820/14

Court Declines to Order Police to Expend More Hours on Likely Fruitless Search for Records

100820/14
Justice Alice Schlesinger

Supreme Court, New York County

Villongco v. Tompkins Square Bagels, 153093/2014

Shop Not Liable for Worker's 'Off the Clock' Punch of Patron

153093/2014
Justice Carol Edmead

Appellate Division, First Department

People v. Paul Agola, 5319/12

Citing Double Jeopardy, Panel Reverses Conviction

5319/12
Before: Friedman, J.P., Renwick, Saxe, Kapnick, JJ.

Supreme Court, Putnam County

Noel Troche, Plaintiff v. Ronald D. Espinosa and John M. Zarcone, Jr., Defendants, 2538/09

Matter 'Marked Off' nearly 4 1/2 Years Ago Due to Failure To Appear At Calendar Call Is Restored to Calendars; Prior Court Erred in Denying Restoration Motion for Failure to Show 'Good Cause'; 'Good Cause' Not a Requirement Where Case Simply 'Marked Off'

2538/09
Justice Paul Marx

Supreme Court, Essex County

Moses Ludington Nursing Home Inc. v. Schreiner, CV14-0375

Issues if Access to Funds to Pay for Mother's Nursing Home Exist, Bar Summary Judgment

CV14-0375
Justice Robert Muller

Civil Court, Queens County, Small Claims Part

Caton v. Unique Stair Builder, Inc., 3129/2015

New Contract Unambiguously Incorporated Into Signed Delivery Receipt, Enforceable

3129/2015
Arbitrator Dale Frederick

Supreme Court, Queens County

Hossain v. Hossain, 17142/13

Defendant Expressly Consented to Jurisdiction Of Court in Stipulation in Partition Action

17142/13
Justice Allan Weiss

Supreme Court, Queens County, IAS Part 12

Catsiapis v. Giano, 21642/2012

E-Mails May Constitute Enforceable Contract If Communications Evince Clear Intent

21642/2012
Justice Denis Butler

Supreme Court, New York County, IAS Part 45

Rivera v. Cumulus Media, Inc., 654121/2015

Defendants Granted Dismissal of Promissory Estoppel, Anticipatory Contract Breach Claims

654121/2015
Justice Anil Singh

Supreme Court, New York County

Matter of Thomson v. Zillow, Inc., 150475/16

'Apex Witnesses' Not Exempt From Depositions, But From Giving Testimony; Motion Denied

150475/16
Justice Barbara Jaffe

Surrogate's Court, Richmond County

Ramona J. Prince; Rose Truss; Tracy Freeo; Salvador Nanco Rodriguez; Frank Semo, Jr.

MATTER OF: Ramona J. Prince; Rose Truss; Tracy Freeo; Salvador Nanco Rodriguez; Frank Semo, Jr.


Surrogate Gigante

Surrogate's Court, Richmond County

Christine M. Tomes; Julia A. Tomes; Felicia M. Alexander

MATTER OF: Christine M. Tomes; Julia A. Tomes; Felicia M. Alexander


Surrogate Gigante

Surrogate's Court, Richmond County

Peter G. West; Francis J. Romano; Dianne Jorgensen; Lorraine Ihnken; Hilda Thompson; Cynthia Macari; Richrd Pensabene; Joan Sandin; Helen Micara; James Mckendry; Rose Puletti; Madelyne Sintyago

MATTER OF: Peter G. West; Francis J. Romano; Dianne Jorgensen; Lorraine Ihnken; Hilda Thompson; Cynthia Macari; Richrd Pensabene; Joan Sandin; Helen Micara; James Mckendry; Rose Puletti; Madelyne Sintyago


Surrogate Gigante

Supreme Court, Albany County

Matter of Lederman v. King, 5443-14

Teacher's Petition to Set Aside, Vacate Growth Score, 'Ineffective' Rating Granted

5443-14
Justice Roger McDonough

Supreme Court, Westchester County

Friedberg v. Pena, 68005/2013

Failure to Serve Amended Complaint Requires Vacatur of Judgment of Foreclosure and Sale

68005/2013
Justice William Giacomo

Supreme Court, Suffolk County, I.A.S. Part 22

US Bank Trust, NA. v. Romano, 13-20919

Failure to Show Reasonable Excuse, Meritorious Defense Denies Dismissal of Foreclosure Suit

13-20919
Justice Carol MacKenzie

Supreme Court, Kings County, IAS Term, Part 70

Shaw v. Launch Development, LLC, 13867/14

Defendants Fined, Found in Civil Contempt For Violating Preliminary Injunction

13867/14
Justice Wavny Toussaint

Supreme Court, Kings County

N.Y. City Construction, Inc. v. Morgenstern Bros. Realty Inc., 502527/2015

Landlord's Assertions Found Speculative, Grants Tenant 'Yellowstone' Injunction

502527/2015
Justice Carolyn Demarest

Supreme Court, Bronx County, Part 24

Poole v. N.Y. University, 304687/2009

Special Employee Barred by WCL From Suing NYU For Injuries Sustained on The Job

304687/2009
Justice Sharon A.M. Aarons

Civil Court, New York County, Housing Part

UHAB HDFC v. Sylvester, 68431/2015

No Landlord Tenant Relationship; Dismissal Of Nonpayment Eviction Proceeding Granted

68431/2015
Judge Michael Weisberg

Surrogate's Court, Bronx County

Estate of James Foley

Order signed; 2015-274/A -Estate of James Foley; Order signed; 2016-536/A -Estate of John Pegram; Order signed; 502A2001/A -Estate of Gary Gordon; Order signed; 2015-1080/A -Estate of Antonia Colon; Order signed; 2014-1231/B -Estate of Catherine Rosado; Decree signed; 2015-2803 -Estate of Margaret Leonforte; Decree signed; 2016-261 -Estate of Edmund Lum; Decree signed; 2014-2801 -Estate of Naydven Santos; Decree signed; 2015-2744 -Estate of Edith Bullard; Decree signed; 2015-2859 -Estate of Musa Binakaj; Decree signed; 2015-1259/A -Estate of Elijah Q Johnson; Decree signed; 2016-467 -Estate of Ellen Victoria Morla; Decree signed; 2016-566 -Estate of Tina Connell; Decree signed; 2015-2982 -Estate of Zephaniah Burrell; Decree signed; 2015-2750 -Estate of Francisco; Sanchez-Miranda; Decree signed; 2016-587 -Estate of Jean Lumsby; Decree signed; 2015-217/A -Estate of Clarence Jenkins; Decree signed; 2015-413 -Estate of Gerald Johnson; Decree signed; 2015-2749 -Estate of Willis Donahue; Decree signed; 2016-508 -Estate of Denise Sleigh-Bradley; Decree signed; 2016-31 -Estate of Altaf Ali; Decree signed; 2016-1035 -Estate of Hector Luis Garcia; Decree signed; 2015-2409-Estate of Joseph Owusu Nkwantabisa; Decree signed; 2016-970 -Estate of Angelo C Basile; Decree signed; 2015-2712 -Estate of Joyce Chester; Decree signed; 2015-793 -Estate of Jordania Sarita; Decree signed; 2013-788 -Estate of Maria E Lugo; Decree signed; 2014-2574 -Estate of Stacy Peguero

2015-274/A
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

DOJI BAK, LLC, res, v. ALTA PLASTICS, app

2015-751 W C. DOJI BAK, LLC, res, v. ALTA PLASTICS, app — Appeal from an order of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), entered February 3, 2015. The order denied tenant's motion to vacate a default final judgment and dismiss the petition in a nonpayment summary proceeding.

2015-751 W C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, First Judicial Department

PARKCHESTER PRESERVATION COMPANY, LP, pet-land-res, v. ROBERT LAMBERT AND JOSEPHINE LAMBERT, res-tent-app

16-181. PARKCHESTER PRESERVATION COMPANY, LP, pet-land-res, v. ROBERT LAMBERT AND JOSEPHINE LAMBERT, res-tent-app — Order (John H. Stanley, J.), entered on or about June 11, 2015, modified to the extent of staying execution of the warrant of eviction on condition that tenants, within 10 days after service of a copy of this order with notice of entry, remove the subject washing machine from their apartment; as modified, order affirmed, without costs.

16-181
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

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

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

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

Appellate Term, Second Judicial Department

T & J CHIROPRACTIC, P.C., A/A/O MASSE v. AMERICAN TR. INS. CO.

2013-1700 Q C. T & J CHIROPRACTIC, P.C., A/A/O MASSE v. AMERICAN TR. INS. CO. — Motion by appellant, in effect, to vacate this court's decision and order on motion dated March 10, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 4, 2013, on the ground that the order recited that it was entered on consent.

2013-1700 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. CHANELLE WILKERSON, def-app

13-411. THE PEOPLE, res, v. CHANELLE WILKERSON, def-app — Judgment of conviction (Linda Poust-Lopez, J.), rendered November 2, 2012, affirmed.

13-411
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Klyvert, Delores v. Gomez, Adama

570327/16. Klyvert, Delores v. Gomez, Adama

570327/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, app, v. EFIGENIO FIGUEROA, def-res

16-099. THE PEOPLE, app, v. EFIGENIO FIGUEROA, def-res — Order (Armando Montano, J.), dated March 3, 2015, affirmed.

16-099
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. JACOBS, JAMES

2015-02636 S CR. THE PEOPLE v. JACOBS, JAMES — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered September 2, 2015.

2015-02636 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app

2014-2458 Q C. FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app — Weston, J., dissents and votes to reverse the order and grant defendant's motion for summary judgment dismissing the complaint in the following memorandum:

2014-2458 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, First Judicial Department

Martinez, Martina v. Kengne, Zacharie Ex-parte applications are declined

570350/16. Martinez, Martina v. Kengne, Zacharie Ex-parte applications are declined.

570350/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

52 Hamilton Pl NYC Corp., v. Araman, Christine Ex-parte applications are declined

570292/16. 52 Hamilton Pl NYC Corp., v. Araman, Christine Ex-parte applications are declined.

570292/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. SARANT, JOEL

2016-00923 S CR. THE PEOPLE v. SARANT, JOEL — Motion by defendant to file a late notice of appeal on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered January 5, 2016.

2016-00923 S CR
: Marano, P.J., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

OMEGA GINOBLI PARTNERS, LLC, res, v. ANTHONY OBIE, app, -AND- “JOHN DOE” AND “JANE DOE,” und

2014-1682 K C. OMEGA GINOBLI PARTNERS, LLC, res, v. ANTHONY OBIE, app, -AND- "JOHN DOE" AND "JANE DOE," und — Appeal from an order of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.), entered August 1, 2014. The order denied tenant's motion, in effect, to vacate a warrant in a nonpayment summary proceeding.

2014-1682 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app

2014-2458 Q C. FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered September 18, 2014. The order denied defendant's motion for summary judgment.

2014-2458 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, First Judicial Department

2321 First Avenue v. Rivera, Francisco Carmona Ex-parte applications are declined

570351/16. 2321 First Avenue v. Rivera, Francisco Carmona Ex-parte applications are declined.

570351/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

E 117 Mazal Holdings LLC v. Farrington, Rachel

570349/16. E 117 Mazal Holdings LLC v. Farrington, Rachel

570349/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. IALACCI, JOSEPH

2016-00245 S CR. THE PEOPLE v. IALACCI, JOSEPH — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered December 11, 2015.

2016-00245 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, First Judicial Department

JORDANA REIM, plf-res, v. NORMAN BAROTZ, def-app

16-195. JORDANA REIM, plf-res, v. NORMAN BAROTZ, def-app — Judgment (James E. d'Auguste, J.), entered on or about June 27, 2013, affirmed, without costs.

16-195
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lenox Hill Hospital v. Borgardus, Peter

570328/16. Lenox Hill Hospital v. Borgardus, Peter

570328/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

RPDG, LLC, app, v. ALEXANDER KURAVSKY AND VALERIA NOVAK, res, -AND- “JOHN DOE” AND “JANE DOE,” und

2014-2668 K C. RPDG, LLC, app, v. ALEXANDER KURAVSKY AND VALERIA NOVAK, res, -AND- "JOHN DOE" AND "JANE DOE," und — Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Kevin C. McClanahan, J.), entered March 10, 2015. The final judgment, entered pursuant to a decision of the same court dated March 4, 2014, after a nonjury trial, dismissed the petition.

2014-2668 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Surrogate's Court, Bronx County

Estate of Linda Labudda

Decree signed; 2012-2722/A -Estate of Linda Labudda; Decree signed; 2010-2669/A -Estate of Natasha Hinton

2012-2722/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Jessie Grigsby

Order signed; 2010-360/A -Estate of Jessie Grigsby; Order signed; 2007-271/G -Estate of Awilda Orta; Order signed; 2015-1336/B -Estate of Ruth Alston; Order signed; 2013-293/A -Estate of Clarence Lewis; Order signed; 2013-626/D -Estate of Linda Lavonda Richburg James; Order signed; 2013-626/C -Estate of Linda Lavonda Richburg James; Decree signed; 269A2005/B -Estate of Galena Laskhoff; Decree signed; 2011-1386/A -Estate of Raymond Sumpf; Decree signed; 2010-1340/A -Estate of Patrick Benizio; Decree signed; 2010-291/A -Estate of Chndrawati Gobardhan; Decree signed; 2013-644/A -Estate of Shirley Ann Swinton; Decree signed; 2012-2850/A -Estate of Carmela Sabarese; Decree signed; 2010-2392/A -Estate of Caesar Kentros; Decree signed; 2008-734/A -Estate of Lilia Rodriquez

2010-360/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Robert Vega Jr

Order signed; 64G2005/A -Estate of Robert Vega Jr; Order signed; 2013-1888/A -Estate of Giana Nicoli Provenzano; Order signed; 185G2004 -Estate of Kayla Ruby Hambright; Order signed; 184G2004 -Estate of Jakiyra Angela Hambright; Order signed; 2015-1509 -Estate of Jalen Amari Crawford; Order signed; 18G2006/A -Estate of Tajanee Latish Richardson; Order signed; 216G2005/B -Estate of Taj-Malik Lanair Richardson; Order signed; 2011-739 -Estate of Kyra Alexis Evelyn; Order signed; 2010-1198 -Estate of Caiden Wade Clayton; Decree signed; 2015-2247 -Guardianship of Cienna Alicia Suazo; Decree signed; 2015-1351 -Guardianship of Ashley Marie Castillo

64G2005/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Joseph Desanto

Order signed; 2015-2879 -Estate of Joseph Desanto; Order signed; 2014-1978 -Estate of Carmela Catalfamo; Order signed; 2014-1845 -Estate of Elizabeth Thompson; Order signed; 2016-543/A -Estate of Adele Martin; Order signed; 2010-602/D -Estate of Joe Lowery; Order signed; 2016-912 -Estate of Edwin Louis Santana; Order signed; 2015-2841 -Estate of Marie Zitt; Order signed; 2016-543/A -Estate of Adele Martin; Order signed; 2015-363 -Estate of William Logue; Order signed; 2016-364 -Estate of Lisa Kaunitz; Order signed; 2016-1017 -Estate of May Fung Chin; Order signed; 379P2002/A -Estate of Herman Leiser; Order signed; 2016-1058 -Estate of Jean Strickland; Order signed; 2016-1026 -Estate of Lawrence Smith; Order signed; 2016-918 -Estate of Isabelle Boone; Order signed; 2015-2758 -Estate of Margaret Morgan; Decree signed; 2015-736 -Estate of Kathleen Kearins; Decree signed; 2016-847 -Estate of Florence Sarafian; Decree signed; 2016-713 -Estate of Lino Spagnoli; Decree signed; 2016-904 -Estate of Martin Field; Decree signed; 2016-593 -Estate of Muriel Bilger; Decree signed; 2016-753 -Estate of Ida Jablon

2015-2879
Surrogate Malave-Gonzalez

Appellate Division, First Department

Credit Suisse Financial v. Reskakis, 651528/13

Panel Rejects Firm's Motion to Dismiss Bank's Suit

651528/13
Before: Mazzarelli, J.P., Moskowitz, Manzanet-Daniels, Gesmer, JJ.

Appellate Division, Second Department

Davila v. City of New York, 7669/06

$5M Excessive Force Verdict Against City Is Overturned

7669/06
Before: Mastro, J.P., Rivera, Austin, Lasalle, JJ.

Appellate Division, Second Department

People v. Michael Johnson, 2352/09

Panel Finds Testimony Did Not Prejudice Suspect

2352/09
Before: Hall, J.P., Sgroi, Cohen, Maltese, JJ.

Appellate Division, Third Department

Matter of Campbell v. Morris, 520784

Panel Upholds Denial of Conjugal Visits to Thrice-Married Inmate

520784
Before: Peters, P.J., Lahtinen, Egan Jr., Devine and Mulvey, JJ.

Appellate Division, Second Department

Congel v. Malfitano, 2013-07052

§69(2)(c) 'Minority Discount' May Be Applied In Deciding Value of Partner's Interest in Mall

2013-07052
Before: Dillon, J.P., Dickerson, Hall, Lasalle, JJ.

Supreme Court, Suffolk County, Commercial Division, Trial Term, Part 44

Aquila v. Rubio, 33561-12

Defendants Fail to Establish Usury, Plaintiff Granted Enforcement of Settlement

33561-12
Justice Elizabeth Emerson

Supreme Court, Bronx County, Part 60

The People v. Vaughn, 1918/13

Court Will Not Permit Testimony Concerning Certification of Operators of Tractor Mower

1918/13
Justice Steven Barrett

Supreme Court, New York County, Part 32

Mora v. Altheim Sunog Realty, 155243/2012

Tenant Not Responsible for Sidewalk Repairs, Granted Dismissal of Personal Injury Claim

155243/2012
Justice Arlene Bluth

Supreme Court, New York County, Part 46

Henderson-Jones v. City of N.Y., 115360/2006

Officer's 'Unreasonable' Lateness Denies Motion to Vacate Default Judgment on Liability

115360/2006
Justice Lucy Billings

Surrogate's Court, New York County

ESTATE OF MARGARET K. KLEIN, Deceased

ESTATE OF MARGARET K. KLEIN, Deceased (14/369/C) — Pending completion of a related proceeding to probate the will of decedent Margaret Klein, her preliminary executor has now sought an advance on commissions pursuant to SCPA 2311, which provides for ex parte relief. On the reasoning of Matter of Kochovos, (132 Misc 2d 577 [Sur Ct, Bronx County 1986]), this court concludes that advance commissions are available to preliminary executors (see also Matter of Feelus, 171 Misc 2d 110 (Sur Ct, Bronx County 1997]). SCPA 2311 provides a mechanism for lessening the income tax burden on fiduciaries occasioned by lump sum commission payments. SCPA 2311(3), however, limits the amount to be advanced to that of possible commissions payable for marshaling and receiving the estate assets (see SCPA 2307), which is all that petitioner seeks here. In light of the representations by petitioner that all estate assets have been marshaled, that all funeral expenses and creditors have been paid, that federal and New York State estate tax returns have been filed, and that fiduciary income tax returns have been filed as required, the court grants the petition. No bond is required pursuant to SCPA 2311(5).

14/369/C
Surrogate Mella

Appellate Term, Second Judicial Department

THE PEOPLE v. FINNERTY, JAMES

2015-2725 W CR. THE PEOPLE v. FINNERTY, JAMES — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered November 17, 2015, as a poor person, and for the assignment of counsel.

2015-2725 W CR
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TOMASSI, JAMES

2013-2511 N CR. THE PEOPLE v. TOMASSI, JAMES — Motion by appellant to enlarge the time to serve and file a brief on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 18, 2013. By decision and order of this court dated December 31, 2015, appellant's prior counsel was granted leave to withdraw as counsel and new counsel was assigned and directed to serve and file a brief within 90 days of the date of the decision and order. Newly assigned counsel states that an enlargement is required because a certain transcript has not been made part of the record on appeal.

2013-2511 N CR
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

105 LEFFERTS, LLC v. SAMUELS

2015-506 K C. 105 LEFFERTS, LLC v. SAMUELS — Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 7, 2015, to continue a stay granted by decision and order on motion of this court dated May 20, 2015, and extended by decision and order on motion of this court dated November 10, 2015. This court has been advised that the transcripts of trial are unavailable.

2015-506 K C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. AGUILAR, MISAEL

2016-517 Q CR. THE PEOPLE v. AGUILAR, MISAEL — 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 January 21, 2016, as a poor person, and for the assignment of counsel.

2016-517 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. ESPARRAGOZA, HANSEL

2016-526 RI CR. THE PEOPLE v. ESPARRAGOZA, HANSEL — Motion by appellant for leave to prosecute an appeal from judgments of conviction of the Criminal Court of the City of New York, Richmond County, rendered February 3, 2016, as a poor person, and for the assignment of counsel.

2016-526 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. IALACCI, JOSEPH

2015-2449 S CR. THE PEOPLE v. IALACCI, JOSEPH — 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, Fifth District, rendered October 21, 2015.

2015-2449 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CHANDLER, ALEXANDRIA

2016-914 N CR. THE PEOPLE v. CHANDLER, ALEXANDRIA — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Long Beach, Nassau County, rendered March 24, 2016, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2016-914 N CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RODRIGUEZ, RICARDO

2016-571 K CR. THE PEOPLE v. RODRIGUEZ, RICARDO — 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 February 16, 2016, as a poor person, and for the assignment of counsel.

2016-571 K CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

PEOPLE v. OWUSU, KWADWO

2016-688 W CR. PEOPLE v. OWUSU, KWADWO — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered January 20, 2016, as a poor person, and for the assignment of counsel.

2016-688 W CR
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. STEFFENS, IVETH

2016-508 Q CR. THE PEOPLE v. STEFFENS, IVETH — 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 February 4, 2016, as a poor person, and for the assignment of counsel.

2016-508 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

YAW v. HYPPOLITE

2015-2447 K C. YAW v. HYPPOLITE — On the court's own motion, it is

2015-2447 K C
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. MIAO, GUOLAN

2016-673 S CR. THE PEOPLE v. MIAO, GUOLAN — 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 7, 2016.

2016-673 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. TOLENTINO, JOANN

2016-371 K CR. THE PEOPLE v. TOLENTINO, JOANN — 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 January 25, 2016, as a poor person, for the assignment of counsel, and for the enlargement of time to perfect the appeal.

2016-371 K CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

THE PEOPLE v. MARTINEZ, FIDEL

2016-541 K CR. THE PEOPLE v. MARTINEZ, FIDEL — 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 January 29, 2016, as a poor person, and for the assignment of counsel.

2016-541 K CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

PEOPLE v. THE LANDING AT DOBBS FERRY HOMEOWNERS' ASSN.

2016-988 W CR. PEOPLE v. THE LANDING AT DOBBS FERRY HOMEOWNERS' ASSN. — Appeal from so much of an order of the Justice Court of the Village of Dobbs Ferry, Westchester County, entered March 11, 2016.

2016-988 W CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ROBBANA, MOEZ

2016-503 Q CR. THE PEOPLE v. ROBBANA, MOEZ — 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 February 3, 2016, as a poor person, and for the assignment of counsel.

2016-503 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

AVR CARLE PLACE ASSOC., LLC d/b/a HOMEWOOD CARLE PLACE v. ROSUALMAZON

2015-1662 N C. AVR CARLE PLACE ASSOC., LLC d/b/a HOMEWOOD CARLE PLACE v. ROSUALMAZON — Motion by appellant to enlarge the time to perfect on an appeal from an order of the District Court of Nassau County, First District, entered June 26, 2015.

2015-1662 N C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SANCHEZ-PONCE, JOSE

2016-527 RI CR. THE PEOPLE v. SANCHEZ-PONCE, JOSE — 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 January 29, 2016, as a poor person, and for the assignment of counsel.

2016-527 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ

Surrogate's Court, Richmond County

Henry Stude; Daniel DiMeglio; William Cahill; James Durbin -A; Rosario Giardina; Thomas Byrne-A&B; Anthony Latorre; James Bottiglia; Maria Chillemi; Dorothy Easop; Dorothy Eberhart; Robert Franceschini; Donald Hillis; Carmen Z. Iacobelli; Ethel Lewis; Eileen Sansevero

MATTER OF: Henry Stude; Daniel DiMeglio; William Cahill; James Durbin -A; Rosario Giardina; Thomas Byrne-A&B; Anthony Latorre; James Bottiglia; Maria Chillemi; Dorothy Easop; Dorothy Eberhart; Robert Franceschini; Donald Hillis; Carmen Z. Iacobelli; Ethel Lewis; Eileen Sansevero


Surrogate Gigante

Surrogate's Court, Richmond County

Rachel Ann DePinto; Amanda Dempsey; Christine Gagliano; Lawrence LaMazza; Robert E. Healy; Justin Erling Garpestad; Jiri Velicka

MATTER OF: Rachel Ann DePinto; Amanda Dempsey; Christine Gagliano; Lawrence LaMazza; Robert E. Healy; Justin Erling Garpestad; Jiri Velicka


Surrogate Gigante

Surrogate's Court, Richmond County

Charles Marchese; John Ross; Hortense Cupo; Stuart Regan; Stephen Coletti; Ivan Jozefek; Fabio R. Salas; Edward Harris; Ida Rene; Anna Romano

MATTER OF: Charles Marchese; John Ross; Hortense Cupo; Stuart Regan; Stephen Coletti; Ivan Jozefek; Fabio R. Salas; Edward Harris; Ida Rene; Anna Romano


Surrogate Gigante

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 April 19, 2016 calendar, the court adjourned until June 17, 2016, the return day of the petition of Joy Rosenthal, successor trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie, to have Aaron A. Woodward, III, former guardian of the property of Diane L. Basie, held in contempt for violating a December 9, 2014 order of this court (see SCPA 607).1

84/2195/I
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF CATHERINE BASIE, Grantor

ESTATE OF CATHERINE BASIE, Grantor (83/2265/B) — At the call of the April 19, 2016 calendar, the court determined the application of Joy Rosenthal, a successor co-trustee of the trust created by Catherine Basie under an agreement dated December 8, 1981, for the benefit of Diane L. Basie, to have former co-trustee Aaron A. Woodward, III, held in contempt for violating a July 21, 2011 order (see SCPA 607). The July 21, 2011 order had directed Mr. Woodward to file by September 19, 2011 an account for the period from June 16, 1998, the day after the closing date of the account settled by a December 8, 1998 decree, through June 30, 2011. Observing that Mr. Woodward could no longer comply with an order that had directed him to account by a deadline that expired more than four years ago, the court directed Mr. Woodward to file, within 45 days of service upon him of a citation in an accounting proceeding to be commenced by co-trustee BNY Mellon, N.A., either:

83/2265/B
Surrogate Mella

Supreme Court, New York County, Part 17

Dilek Edwards, Plaintiff v. Charles V. Nicolai and Stephanie Adams, Defendants, 160830/2013

Woman Fired for Being "Too Cute" Does Not Have Claim for Gender Discrimination

160830/2013
Justice Shlomo Hagler

Appellate Division, Third Department

Matter of Del Peschio v. DiNapoli, 521821

Panel Rejects Application for 9/11 Retirement Benefits

521821
Before: McCarthy, J.P., Garry, Egan Jr., Devine and Aarons, JJ.

Appellate Division, First Department

People v. Dan Evans, 4382/09

Citing 'Bedessie,' Split Panel Overturns Murder Conviction

4382/09
Before: Tom, J.P., Renwick, Andrias, Moskowitz, Kapnick, JJ.

Supreme Court, Nassau County, Trial/IAS Part 13

Matter of Shilian v. All Sons Electric Corp., 601994/16

Contractor Shows Good Cause to Allow Court To Extend Mechanics' Lien Nunc Pro Tunc

601994/16
Justice Jeffrey Brown

Surrogate's Court, Suffolk County

Accounting of Mary Elizabeth Clinton Trust, 2015-1309

Attorney Fails to Introduce 'Fresh Money' Into Estate, Denied Legal Fees From Trust Assets

2015-1309
Surrogate John M. Czygier, Jr.

Supreme Court, Kings County, Part 27

The People v. Duran, 828/2015

Court Finds Officers' Testimony Unbelievable, Grants Defendant's Motion to Suppress

828/2015
Justice Ruth Shillingford

Criminal Court, Bronx County, Part AP-3

The People v. Vargas, 2013BX016979

Supporting Deposition Failed to Convert Charges Dismissing Complaint, Charges

2013BX016979
Judge Armando Montano

Criminal Court, New York County, Part C

The People v. Woods, 2015NY059537

GORA Not Pre-Empted by Executive Law, Dismissal of AC §10-603(d)(i) Charge Denied

2015NY059537
Judge Louis Nock

Appellate Term, 9th & 10th Judicial Districts

The People v. Atkins, 2013-2279 D CR

Motion to Withdraw Guilty Plea Properly Denied; Criminal Contempt Conviction Affirmed

2013-2279 D CR
Before: Iannacci, J.P., and Tolbert, J.

Surrogate's Court, Bronx County

ESTATE OF LOUIS GOURDINE, Deceased

ESTATE OF LOUIS GOURDINE, Deceased (98/A/338S) — This is an application by the administrator, the decedent's spouse, to distribute the escrow fund consisting of the settlement proceeds of causes of action arising from the decedent's exposure to asbestos settled in the Supreme Court, New York County before a Special Master.

98/A/338S
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

THE PEOPLE, res, v. NICOLAS REDHEAD, def-app

15-449. THE PEOPLE, res, v. NICOLAS REDHEAD, def-app — Judgment of conviction (Larry R.C. Stephen, J.), rendered June 13, 2015, reversed, on the law, and the accusatory instrument dismissed.

15-449
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

RODRIGUEZ, JESSICA v. OMOWUNMI, A. & AKINTAYO, J. — Ex-parte application is denied

RODRIGUEZ, JESSICA v. OMOWUNMI, A. & AKINTAYO, J. — Ex-parte application is denied.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

EAST HARLEM PILOT BLOCK HDFC, INC., pet-land-res, v. KEITH GREEN, res-tent-app

16-200. EAST HARLEM PILOT BLOCK HDFC, INC., pet-land-res, v. KEITH GREEN, res-tent-app — Order (Leticia M. Ramirez, J.), entered November 16, 2015, reversed, with $10 costs, motion granted, stipulation, final judgment and prior default final judgment vacated, and matter remanded to Civil Court for further proceedings.

16-200
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

BEACH MEDICAL REHABILITATION, PC, A/A/O MOWATT, N. v. ALLSTATE; BEACH MEDICAL REHABILITATION, PC, A/A/O VIDAL, C. v. ALLSTATE; BEACH MEDICAL REHABILITATION, PC, A/A/O BOWLES, J. v. ALLSTATE

BEACH MEDICAL REHABILITATION, PC, A/A/O MOWATT, N. v. ALLSTATE; BEACH MEDICAL REHABILITATION, PC, A/A/O VIDAL, C. v. ALLSTATE; BEACH MEDICAL REHABILITATION, PC, A/A/O BOWLES, J. v. ALLSTATE — It is Ordered that said appeals are withdrawn.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

SHERIDAN ONE COMPANY, LLC v. LABREW, LAWRENCE

SHERIDAN ONE COMPANY, LLC v. LABREW, LAWRENCE — It is Ordered that the motion and cross motion are consolidated for disposition.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

DUNST, ALAN B. v. GOLD, DAVID

DUNST, ALAN B. v. GOLD, DAVID — It is Ordered that the motion of the defendant-appellant is granted without opposition. The Commissioner of Finance of the City of New York is hereby directed to release the funds on deposit in this proceeding, plus interest and less any costs, to Scott Hirsch, Esq., Hirsch & Hirsch, LLP, 64 Hilton Avenue, Hempstead, New York, 11550, as attorney of record for the defendant-appellant.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

ALLERTON AVE. ASSOCIATES LLC ET AL., v. NTR CORP

ALLERTON AVE. ASSOCIATES LLC ET AL., v. NTR CORP — It is Ordered that the tenant-appellant's motion is granted on condition that tenantappellant: (1) perfect its appeal by no later than the October 2016 term — the filing deadline for which is August 9, 2016; (2) pays landlord use and occupancy arrears in the amount of $90,301.71, representing use and occupancy arrears pursuant to the so-ordered stipulation dated October 27, 2015 and pays landlord the sum of $64,645.00 (representing the use and occupancy arrears from November 2015 through May 2016 at $9,235.00 per month), on or before June 3, 2016, without prejudice; and (3) pays the landlord accruing use and occupancy in the amount of $9,235.00 on or before each subsequent rental due date, without prejudice. In the event of tenant-appellant's failure to comply with the foregoing conditions, landlord-respondent may move on five days notice, for an order vacating the stay.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

17-25 ST. NICHOLAS AVE., LLC v. SULLIVAN, MONIQUE

17-25 ST. NICHOLAS AVE., LLC v. SULLIVAN, MONIQUE — It is Ordered that the respondent-appellant's motion seeking to vacate the order of this Court dated April 27, 2016 is denied.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. EDWARD LEE, def-app

15-416. THE PEOPLE, res, v. EDWARD LEE, def-app — Judgment of conviction (Guy H. Mitchell, J.), rendered May 19, 2015, affirmed.

15-416
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

SHERIDAN ONE COMPANY, LLC v. LABREW, LAWRENCE

SHERIDAN ONE COMPANY, LLC v. LABREW, LAWRENCE — It is Ordered that the motion and cross motion are consolidated for disposition.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

1058 THIRD AVENUE ASSOCIATES, L.P. v. ZUMAN, LYNN JOAN

1058 THIRD AVENUE ASSOCIATES, L.P. v. ZUMAN, LYNN JOAN — It is Ordered that the petitionerrespondent's motion seeking to strike the appeal from the June 2016 calendar is denied.


: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. BARBARA MORALES, def-app

13-379. THE PEOPLE, res, v. BARBARA MORALES, def-app — Judgment of conviction (Rita M. Mella, J. at initial plea; Erika M. Edwards, J. at re-plea and sentencing), rendered March 7, 2013, affirmed.

13-379
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. VINCENTE MESA, def-app

14-157. THE PEOPLE, res, v. VINCENTE MESA, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered April 10, 2013, affirmed.

14-157
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Surrogate's Court, Kings County

ESTATE OF ELENE CHIAVELLI, Deceased

ESTATE OF ELENE CHIAVELLI, Deceased (1606/15) — By petition filed on April 28, 2015, Rosemary Corso (the petitioner), the nominated executor under a will executed in 2006 (the "2006 Will"), asks that the 2006 Will be admitted to probate and that the Court find that the 2006 Will was properly executed though the witnesses did not sign after the decedent.

1606/15
Surrogate Johnson

Surrogate's Court, Bronx County

ESTATE OF LUIS DENIZARD RAMOS, ALSO KNOWN AS LUIS DENIZARD, Deceased

ESTATE OF LUIS DENIZARD RAMOS, ALSO KNOWN AS LUIS DENIZARD, Deceased (05/D/331A) — The administrator, the decedent's daughter, seeks to distribute from her attorneys' escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.

05/D/331A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF GABRIELLE GREENSTEIN, Deceased

ESTATE OF GABRIELLE GREENSTEIN, Deceased (08/116/A) — The administrator, the decedent's son, seeks to lift the restrictions contained in his limited letters of administration so that he may receive and judicially account for the proceeds of a personal injury cause of action.

08/116/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF VINIKIA BARROW, Deceased

ESTATE OF VINIKIA BARROW, Deceased (11/1394/A) — The administrator, the decedent's spouse, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.

11/1394/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF LUIS DENIZARD RAMOS, ALSO KNOWN AS LUIS DENIZARD, Deceased

ESTATE OF LUIS DENIZARD RAMOS, ALSO KNOWN AS LUIS DENIZARD, Deceased (05/C/331A) — The administrator, the decedent's daughter, seeks to distribute from her attorneys' escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.

05/C/331A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EDMUND LUM, Deceased

ESTATE OF EDMUND LUM, Deceased (16/261) — This is a proceeding for the issuance of ancilliary letters of administration to the decedent's spouse, who was appointed the administrator of his estate in Connecticut, the decedent's alleged domicile. It appears that the decedent possessed an interest in real property located in Bronx County that requires administration. The New York State Department of Taxation and Finance consents to the relief requested.

16/261
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ELLEN FREY-WOUTERS, Deceased

ESTATE OF ELLEN FREY-WOUTERS, Deceased (16/505) — At issue in this uncontested probate proceeding are significant legacies made to three individuals and to the drafting/supervising attorney who is also the nominated executor under the instrument.

16/505
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF PASQUALE PRIGNANO, Deceased

ESTATE OF PASQUALE PRIGNANO, Deceased (08/1553/B) — The successor executors, the decedent's sons who are also the co-executors of the estate of the decedent's postdeceased spouse, seek to distribute from their attorneys' escrow account the remaining 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, disbursements and a Medicare claim.

08/1553/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CARMEN CUEVAS, Deceased

ESTATE OF CARMEN CUEVAS, Deceased (13/713/A) — In this proceeding to judicially settle the account of the administrator, the guardian ad litem appointed for the decedent's two infant great grandchildren who are distributees of her estate seeks to enter into a stipulation of settlement with all parties which downwardly modifies the amount of attorneys fees and fixes the disbursements that are to be paid to the attorney for the administrator. After consideration of all relevant factors (see Matter of Freeman, 34 NY2d 1 [1974]; Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], affd 213 App Div 59 [4th Dept 1925], affd 241 NY 593 [1925]), the court finds the stipulated legal fees and disbursements to be reasonable under all of the circumstances and authorizes the guardian ad litem to enter into that stipulation of settlement.

13/713/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF FRANCIS J. MCDONNELL, Deceased

ESTATE OF FRANCIS J. MCDONNELL, Deceased (02/D/810A) — In this proceeding, the administrator, one of the decedent's sons, seeks to distribute from his attorneys' escrow account the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master. The cause of action arose from the decedent's exposure to asbestos. The supreme court order, inter alia, directed the payment of attorneys' fees, disbursements and a Medicare claim.

02/D/810A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JESSIE TYSON, Deceased

ESTATE OF JESSIE TYSON, Deceased (15/1240) — In this uncontested probate proceeding, on the return date of an application by the attorney for the proponent seeking leave to withdraw as counsel, it appeared that jurisdiction was complete in the underlying probate proceeding and in the instant application, and there was no appearance in opposition to the underlying probate proceeding or the application to be relieved as counsel.

15/1240
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ABRAHAM EPSTEIN, ALSO KNOWN AS ABE EPSTEIN, Deceased

ESTATE OF ABRAHAM EPSTEIN, ALSO KNOWN AS ABE EPSTEIN, Deceased (08/875/K) — The executor, the decedent's sister who is his sole distributee and testamentary beneficiary, seeks to distribute from her attorneys' escrow account the remaining proceeds of personal injury 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.

08/875/K
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIA MONTALVO, Deceased

ESTATE OF MARIA MONTALVO, Deceased (13/2842/A) — The administrator, one of the decedent's daughters, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Suarez, J.) being held in her attorneys' escrow account. The supreme court order, inter alia, directed the payment of counsel fees and disbursements and allocated the settlement proceeds to the wrongful death cause of action.

13/2842/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF LEEANN WHITE, ALSO KNOWN AS LEEANN WHITE-MORALES, Deceased

ESTATE OF LEEANN WHITE, ALSO KNOWN AS LEEANN WHITE-MORALES, Deceased (11/1502/A) — In this accounting proceeding by the Public Administrator, an order to show cause was filed by attorneys representing the decedent's mother and alleged grandmother seeking to leave to withdraw as counsel. On the return date of the order to show cause the matter was marked "supplemental process" as process on the mother and alleged grandmother did not appear to be complete, and thereafter, the underlying accounting proceeding was marked "adjourned without date." It now appears that jurisdiction is complete on the withdrawal application without opposition.

11/1502/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF ALFONSO B., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF ALFONSO B., AN ALLEGED MENTALLY RETARDED PERSON (12/1857) — 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 mentally retarded person. Following the hearing, the petition was amended on consent of the respondent's step father to remove the request to appoint the step father as second alternate standby guardian.

12/1857
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EDWIN MARTINEZ, ALSO KNOWN AS EDWIN MARTINEZ, SR., Deceased

ESTATE OF EDWIN MARTINEZ, ALSO KNOWN AS EDWIN MARTINEZ, SR., Deceased (08/497/A) — The administrator, a daughter of the decedent, seeks to compromise and judicially account for the proceeds of causes of action arising from the decedent's death.

08/497/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF KEVIN A.S. AN ALLEGED DEVELOPMENTALLY DISABLED PERSON

GUARDIANSHIP OF KEVIN A.S. AN ALLEGED DEVELOPMENTALLY DISABLED PERSON (15/1359) — 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 developmentally disabled person.

15/1359
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CARLTON BUTLER, Deceased

ESTATE OF CARLTON BUTLER, Deceased (10/590/A-B) — In these two proceedings, the administrator, the decedent's spouse, seeks to distribute from her attorneys' escrow account the remaining 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 orders, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.

10/590/A-B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JOHN MCCORMACK, ALSO KNOWN AS JOHN J. MCCORMACK, Deceased

ESTATE OF JOHN MCCORMACK, ALSO KNOWN AS JOHN J. MCCORMACK, Deceased (04/F/378A) — The administrator, the decedent's sister and sole distributee, seeks to distribute from her attorneys' escrow account the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master. The cause of action arose from the decedent's exposure to asbestos. The supreme court order, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.

04/F/378A
Surrogate Malave-Gonzalez

Supreme Court, Albany County

Matter of Fatata v. Phillips, 1821-16

Judge Rejects Dispute Over Primary Election Petitions

1821-16
Judge Richard Platkin

Criminal Court, Kings County, Part AP5

The People v. Hutchinson, 2015KN023921

Defendant Denied Dismissal of Information On Charges Withdrawn From Grand Jury

2015KN023921
Judge Laura Johnson

District Court, Suffolk County

The People v. Portier, 2014SU/33963

Defendant Denied Suppression of Witness' Statement Regarding Defendant's Identity

2014SU/33963
Judge David Morris

Surrogate's Court, Suffolk County

Estate of Costello, 2013-457/F

Administrator Ordered to Determine Value, Sell Decedent's Shares of Corporation to Brother

2013-457/F
Surrogate John M. Czygier, Jr.,

Supreme Court, Kings County, Part 5G

R. I. v. T. I.

Wife Awarded Maintenance, Child Support; Husband Estopped From Seeking DNA Test

[Index Number Redacted by Court]
Justice Jeffrey Sunshine

Supreme Court, New York County, Commercial Division Part 49

The People v. Sprint Communications, Inc, 103917/2011

Dismissal of AG's Complaint to Recover Tax Revenue on Sprint's Pre-2006 Conduct Denied

103917/2011
Justice O. Peter Sherwood

Appellate Term, 9th & 10th Judicial Districts

The People v. Bankupally, 2014-1046 N CR

Conviction on Aggravated DWI, Dismissal Of DWI Charge Not Legally Repugnant Verdict

2014-1046 N CR
Before: Marano, P.J., and Garguilo, J.

Surrogate's Court, Kings County

ESTATE OF HELEN SILVERMAN, Deceased

ESTATE OF HELEN SILVERMAN, Deceased (12/578/A) — In this proceeding for judicial settlement of an intermediate accounting, the Kings County Public Administrator (the petitioner), as administrator of the estate of Helen Silverman (the decedent), seeks a determination of the decedent's distributees according to the law of intestate distribution in the State of New Jersey. The decedent died intestate on March 9, 2010, and the petitioner was issued Letters of Administration on March 13, 2012. The instant proceeding was commenced on November 29, 2013, and a guardian ad litem was appointed to represent the interests of unknown distributees of the decedent's estate. In addition to assets located in the decedent's domicile in the State of New York, her estate includes three parcels of real property located in the State of New Jersey.

12/578/A
Surrogate Lopez Torres

Appellate Term, First Judicial Department

MAUTNER-GLICK CORP., v. MANKO, LIUBA

MAUTNER-GLICK CORP., v. MANKO, LIUBA — It is Ordered that the motion of the respondent-appellant seeking to enlarge the time to perfect her appeal is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RAHIYM NOBLE, def-app

14-267. THE PEOPLE, res, v. RAHIYM NOBLE, def-app — Judgment of conviction (Abraham L. Clott, J.), rendered December 9, 2013, affirmed.

14-267
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

NYCHA - KING TOWERS v. ALSTON, CYNTHIA J.; 625 WEST 140TH STREET, L.P. v. LEWIS, SHAKIMA; 1363 FRANKLIN AVE L.P. v. MOORE, PHILIP JR.; RINCON, GUSTAVO v. YUNAYEV, BORIS; EQR-71 BROADWAY, LLC v. BURRELL, HEATHER; 137TH STREET PROPERTIES, LLC v. MAYS, JOETTA; SENA REALTY LLC., ET AL., v. HALL, ROBIN A. ET AL.,; ARLE REALTY CORP., v. KOUYATE, MOHAMED; 732 REALTY CORP., v. MALDONADO, VICTOR; 811 ASSOCIATES, LLC v. VIDAL, BRUNILDA — Ex-parte applications are declined

NYCHA - KING TOWERS v. ALSTON, CYNTHIA J.; 625 WEST 140TH STREET, L.P. v. LEWIS, SHAKIMA; 1363 FRANKLIN AVE L.P. v. MOORE, PHILIP JR.; RINCON, GUSTAVO v. YUNAYEV, BORIS; EQR-71 BROADWAY, LLC v. BURRELL, HEATHER; 137TH STREET PROPERTIES, LLC v. MAYS, JOETTA; SENA REALTY LLC., ET AL., v. HALL, ROBIN A. ET AL.,; ARLE REALTY CORP., v. KOUYATE, MOHAMED; 732 REALTY CORP., v. MALDONADO, VICTOR; 811 ASSOCIATES, LLC v. VIDAL, BRUNILDA — Ex-parte applications are declined.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

L & E 924 LLC v. JOHNSON, CHARLES; PATBRU REALTY ASSOCIATES LLC v. MCLEOD, F. & ATTERBURY, B. — Ex-parte applications are declined

L & E 924 LLC v. JOHNSON, CHARLES; PATBRU REALTY ASSOCIATES LLC v. MCLEOD, F. & ATTERBURY, B. — Ex-parte applications are declined.


: Shulman, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

VLADENN MEDICAL SUPPLY, CORP. A/A/O JOCELYN NOEL, plf-res, v. AMERICAN COMMERCE INS. CO., def-app

15-205. VLADENN MEDICAL SUPPLY, CORP. A/A/O JOCELYN NOEL, plf-res, v. AMERICAN COMMERCE INS. CO., def-app — Order (Joseph E. Capella,, J.), entered May 24, 2013, affirmed, without costs.

15-205
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

31 CORNELIA PROPERTIES CORP., pet-land-app, v. CHARLES LEMMA AND LUCILLE LEMMA, res-tent-cross-app, -and- KYLE LEMMA, “JOHN DOE” AND/OR “JANE DOE,” res-und

15-373/374. 31 CORNELIA PROPERTIES CORP., pet-land-app, v. CHARLES LEMMA AND LUCILLE LEMMA, res-tent-cross-app, -and- KYLE LEMMA, "JOHN DOE" AND/OR "JANE DOE," res-und — Order (Arlene H. Hahn, J.), dated January 30, 2015, affirmed, without costs.

15-373/374
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

128 SECOND REALTY LLC AND STELLAR 128 SECOND LLC, pet-land-app, v. CHRIS DOBROWOLSKI A/K/A CHRISTOPHER DOBROWOLSKI, res-tent-cross-app, -AND- JOHN DOE AND JANE DOE, res

16-016. 128 SECOND REALTY LLC AND STELLAR 128 SECOND LLC, pet-land-app, v. CHRIS DOBROWOLSKI A/K/A CHRISTOPHER DOBROWOLSKI, res-tent-cross-app, -AND- JOHN DOE AND JANE DOE, res — Order (Maria Milin, J.), dated August 5, 2015, insofar as appealed from, modified to grant tenant's motion to dismiss the petition; as modified, order affirmed, without costs.

16-016
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Surrogate's Court, New York County

ESTATE OF RICHARD C. CHIANG, A/K/A RICHARD CHIANG Deceased

ESTATE OF RICHARD C. CHIANG, A/K/A RICHARD CHIANG Deceased (15/733) — In this uncontested probate proceeding, the court is asked to fix the compensation for the services provided by the guardian ad litem (G.A.L.), who was appointed to represent the interest of the decedent's spouse, a person under a disability. The court will allow "reasonable compensation" for legal services rendered by a G.A.L. (SCPA 405[1]). In determining reasonable compensation, the court may consider a number of factors, including: the time spent (Matter of Kelly, 187 AD2d 718 [2d Dept 1992]); the complexity of the questions involved (Matter of Coughlin, 221 AD2d 676 [3d Dept 1995]); the nature of the services provided (Matter of Von Hofe, 145 AD2d 424 [2d Dept 1988]); the amount of litigation required (Matter of Sabatino, 66 AD2d 937 [3d Dept 1978]); the amounts involved and the benefit resulting from the execution of such services (Matter of Shalman, 68 AD2d 940 [3d Dept 1979]); the lawyer's experience and reputation (Matter of Brehm, 37 AD2d 95 [4th Dept 1971]); and the customary fee charged by the Bar for similar services (see Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], affd 213 App Div 59 [4th Dept 1925], affd 241 NY 593 [1925]; Matter of Freeman, 34 NY2d 1 [1974]).

15/733
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SAUL KREPS, A/K/A SAUL A. KREPS, Deceased

ESTATE OF SAUL KREPS, A/K/A SAUL A. KREPS, Deceased (13/4165/A) — In this final accounting in the estate of Saul Kreps, the Public Administrator requests that the court determine the identity of decedent's distributees.

13/4165/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF JOAN M. SMYTH, Deceased

ESTATE OF JOAN M. SMYTH, Deceased (15/874/A/B/D) — The petition of Margaret A.S. Laganelli, executor of the will of Joan M. Smyth, for the appointment of Marguerite K. Kircher as co-executor has been discontinued pursuant to a notice filed on May 5, 2016.

15/874/A/B/D
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF FLORENCE ZINMAN, Deceased

ESTATE OF FLORENCE ZINMAN, Deceased (15/2703) — Richard Zinman and Linda K. Cohen have petitioned for probate of a lost instrument, dated November 1, 2004, and two original codicils, dated October 29, 2007 and October 6, 2011, respectively, in the estate of Florence Zinman (see SCPA 1407). Decedent died on May 19, 2015. The proceeding is uncontested.

15/2703
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF NANCY STUBBS, Deceased

ESTATE OF NANCY STUBBS, Deceased (14/1582/C) — In this uncontested proceeding pursuant to SCPA 1809, petitioner Thomas Pietrantonio, Esq., asks the court to determine that his claim against the estate of Nancy Stubbs is valid and enforceable. His claim is for payment of an award made by New York County Supreme Court for his services as court evaluator, in a proceeding for the appointment of a guardian for Ms. Stubbs under Article 81 of the Mental Hygiene Law. The guardianship proceeding was terminated by the death of Ms. Stubbs in March 2014; by order dated June 4, 2014, the Supreme Court granted petitioner an allowance of $3,126, to be paid from the decedent's estate.1

14/1582/C
Surrogate Mella

Supreme Court, Nassau County

A.R. v. G.R., XXXXXX/09

List Price of Home After Sandy Was Impossible, Referee Rules

XXXXXX/09
Referee Marie F. McCormack, Esq.

Appellate Division, First Department

Cowen and Company v. Fiserv, 650846/13

Industry Practice Is Sufficient Basis for Fee, Panel Concludes

650846/13
Before: Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick, Webber, JJ.

Supreme Court, Oneida County

Matter of Robert V. v. State of New York, CA2015-002561

Judge: Law Limits Records Access in Civil Confinement Cases

CA2015-002561
Judge Louis Gigliotti

Supreme Court, Nassau County, Trial/IAS Part 13

Butler v. inSync Litigation Support, LLC, 608162/15

Process Server Denied Dismissal of Attorney's Contract Breach, Negligence Claim Against It

608162/15
Justice Jeffrey Brown

Civil Court, Kings County, Housing Part D

40 Woodruff LLC v. Dixon, L&T 067692/15

Landlord Cannot Maintain Illegal Sublet Holdover Against Tenant's Immediate Family

L&T 067692/15
Judge Marc Finkelstein

Supreme Court, Kings County, IAS Term, Part 35

Chandler Management Corp. v. First Specialty Ins., 509677/15

Insured's Claim Against Insurer Time-Barred By 12-Month Suit Limitation Provision in Policy

509677/15
Justice Karen Rothenberg

Civil Court, New York County, Housing Part E

Fiya Rsd Partners, LLC v. Lee, L & T 60200/15

Subsequent Owner Not Absolved From Abiding By RSC; Treble Damages, Overcharges Awarded

L & T 60200/15
Judge Maria Milin

Supreme Court, New York County, Part 32

Lafroscia v. MEPT 5th Avenue, LLC, 153406/2012

Defendants Raise Triable Issues if Short Lanyard Proximate Cause of Worker's Injuries

153406/2012
Justice Arlene Bluth

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

Wang v. Martinez, 2013-2343 Q C

Judgment Against Seller, Title Company Reversed Absent Proof of Breach

2013-2343 Q C
Before: Pesce, P.J., Weston and Aliotta, JJ.

Surrogate's Court, Bronx County

Estate of Alfred Luchetti

Order signed; 2016-666/A -Estate of Alfred Luchetti; Order signed; 2014-534/A -Estate of Audrie Scott; Order signed; 2010-2595/A -Estate of Gail Guillet; Decree signed; 2008-1195/A -Estate of Ethel Sampson; Decree signed; 2016-921 -Estate of Jose Contreras; Decree signed; 2015-249 -Estate of Mildred Francis; Decree signed; 2015-1592 -Estate of Carmen Acevedo; Decree signed; 2015-1945 -Estate of Esther Cabral; Decree signed; 2016-294 -Estate of Michael Mazzella; Decree signed; 2015-558 -Estate of Shirley Hirsch; Decree signed; 2016-316/A -Estate of Peter T Johnson

2016-666/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Stella Hatjygeorge

Order signed; 2015-2399 -Estate of Stella Hatjygeorge; Order signed; 2016-995 -Estate of Epifanio Marra; Decree signed; 2015-1927 -Estate of Seni Sise; Decree signed; 2016-734 -Estate of Amelia D'Arco; Decree signed; 2016-157 -Estate of Ann L Wilson; Decree signed; 2015-2540 -Estate of Gussie Friedlander; Decree signed; 2016-496 -Estate of Dorothy Dobbins; Decree signed; 2015-2853 -Estate of Judith McPhillips

2015-2399
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Jeremiah G Hil

Decree signed; 2015-2837 -Estate of Jeremiah G Hill

2015-2837
Surrogate Thompson

Surrogate's Court, Bronx County

Estate of Cearia Louis Marshall

Order signed; 2014-710 -Estate of Cearia Louis Marshall; Order signed; 2009-1098 -Estate of Cody David Henderson; Order signed; 2015-1209 -Estate of Annalie Vega Alfonso; Order signed; 2010-241 -Estate of Kiara Paulette-Peggy Baker; Order signed; 2012-2136 -Estate of Hawkins Maleek Freeman III; Order signed; 2011-1035 -Estate of Daphany Lee Velez; Order signed; 2013-1580 -Estate of Ganiece Michaelle Garcia; Order signed; 2010-240 -Estate of Stephon Leon-Lloyd Baker; Decree signed; 2012-1857 -Guardianship of Alfonso Bueno; Decree signed; 2009-1098 -Guardianship of Cody David Henderson; Decree signed; 2015-2561 -Guardianship of Cristopher Wallace Reyes

2014-710
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Carlton Williams

Order signed; 2013-658/B -Estate of Carlton Williams; Decree signed; 2013-804/A -Estate of Yvonne Livingston; Decree signed; 2013-713/A -Estate of Carmen Cuevas

2013-658/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Pasquale Dilullo

Decree signed; 2016-504 -Estate of Pasquale Dilullo

2016-504
Surrogate Thompson

Surrogate's Court, Bronx County

Estate of Hugo Engler

Order signed; 175A1984/B -Estate of Hugo Engler; Decree signed; 2008-116/A -Estate of Gabrielle Greenstein; Decree signed; 331A2005/C -Estate of Luis Denizard Ramos; Decree signed; 331A2005/D -Estate of Luis Denizard Ramos; Decree signed; 2007-399/A -Estate of Dawn E Wright; Decree signed; 2008-875/K -Estate of Abraham Epstein; Decree signed; 378A2004/F -Estate of John J McCormack; Decree signed; 2008-1553/B -Estate of Pasquale Prignano; Decree signed; 2015-2133/A -Estate of Okwudili Okeke; Decree signed; 2013-2842/A -Estate of Maria Montalvo; Decree signed; 2010-2060/A -Estate of Michael Abbati; Decree signed; 673P2001/D -Estate of John Marzigliano; Decree signed; 2008-497/A -Estate of Edwin Martinez; Decree signed; 338S1998/A -Estate of Louis Gourdine; Decree signed; 2009-2309/A -Estate of Jesse Myers; Decree signed; 810A2002/D -Estate of Francis McDonnell

175A1984/B
Surrogate Malave-Gonzalez

Appellate Division, Third Department

People v. Justin K. Jones, 106471

T-Shirts Did Not Detract From Fair Trial, Panel Says

106471
Before: Lahtinen, J.P., McCarthy, Garry, Rose and Mulvey, JJ.

Supreme Court, Nassau County, Trial/IAS Part 16

Lik v. LA Fitness., 4871/14

Lawsuit Over Basketball Injury in Gym Can Proceed

4871/14
Justice Jeffrey Brown

Supreme Court, New York County, IAS Part 42

Berardi v. Phillips Nizer, 157690/2012

Lawsuit Over Divorce Case Proceeds Against Phillips Nizer

157690/2012
Justice Bannon

Appellate Division, First Department

Jack Kelly Partners v. Zegelstein, 600351/08

Standard Lease Does Not Shield Landlord in Dispute, Panel Says

600351/08
Before: Tom, J.P., Sweeny, Jr., Richter, Manzanet-Daniels, JJ.

Supreme Court, Queens County, IAS Part 14

HSBC Bank USA v. Murphy, 701215/2015

Bank Fails to Prove Standing, Not Entitled To Summary Judgment in Foreclosure Action

701215/2015
Justice David Elliot

Civil Court, Kings County, Part Q

IA2 Service LLC v. Quinapanta, L&T 81693/15

Tenants Demonstrate Ample Need For Discovery, Deposition of Non-Party Witness in Holdover

L&T 81693/15
Judge John Henry Stanley

Supreme Court, Kings County, Part 73

The Bank of New York Mellon v. Mitchell, 21946/2009

Lender's Failure to Comply With RPAPL §1303 Requires Dismissal of Foreclosure Action

21946/2009
Justice Peter Sweeney

Civil Court, New York County, Housing Part

325 Third Avenue LLC v. Vargas, 78811/2015

Conclusory Allegations of Non-Primary Tenancy in Predicate Notice Inadequate

78811/2015
Judge Michael Weisberg

Civil Court, New York County

Roger Morris Apt. Corp. v. Varela, 83411/2015

Factual Dispute Bars Summary Judgment, Failure to Show Ample Need Denies Discovery

83411/2015
Judge Jack Stoller

Civil Court, New York County, Part F

Tho-Go 120-125 Riverside LLC v. Schwalb, L&T 70020/15

Parties' Motions Denied Due to Conflicting Evidence Of Building's J-51 Tax Benefits

L&T 70020/15
Judge Laurie Lau

Supreme Court, New York County, Part N

The People v. Rafaniello, 5266/14

Court Denies Non-Citizen's Application to Enter Judicial Diversion Without Entering Guilty Plea

5266/14
Justice Richard Weinberg

Surrogate's Court, Richmond County

ESTATE OF FRANK C. LA FORGIA, A/K/A FRANK LAFORGIA, A/K/A FRANCO CARMINE LAFORGIA, Deceased

ESTATE OF FRANK C. LA FORGIA, A/K/A FRANK LAFORGIA, A/K/A FRANCO CARMINE LAFORGIA, Deceased (13/331/O) — This matter last appeared on this Court's calendar on Tuesday, May 10, 2016. At such time, all counsel agreed to a stipulation scheduling discovery. The written stipulation was signed by all counsel and filed with this Court. The filed stipulation is hereby incorporated by reference herein.

13/331/O
Surrogate Gigante

Appellate Term, Second Judicial Department

LUISA KNOLL, app, v. ENRIQUE CRUZ, res, -AND- JUSTO COLLADO, “JOHN DOE” and “JANE DOE,” occupants

2014-2799 K C. LUISA KNOLL, app, v. ENRIQUE CRUZ, res, -AND- JUSTO COLLADO, "JOHN DOE" and "JANE DOE," occupants — Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Jean T. Schneider, J.), entered January 29, 2015. The final judgment, insofar as appealed from, after a nonjury trial, dismissed so much of the petition as is against occupant Enrique Cruz in a licensee summary proceeding.

2014-2799 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 appellant, by order to show cause dated April 1, 2016, in effect, for leave to reargue her prior motion for summary reversal of a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, which prior motion was determined by decision and order on motion of this court dated February 8, 2016, or, in the alternative, in effect, to continue a stay of enforcement of the final judgment contained in the decision and order on motion of this court dated February 8, 2016, and for an award of costs and disbursements.

2015-2398 D C
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. YOUNG KAHNG

2013-301 W CR. THE PEOPLE v. YOUNG KAHNG — Motion by appellant pro se for leave to reargue an appeal from a judgment of conviction of the Justice Court of the Town of Greenburgh, Westchester County, rendered January 17, 2013, which was determined by decision and order of this court dated February 24, 2016.

2013-301 W CR
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

EDWARD S. RASKIN, res, v. JON MAYER, app

2014-2338 Q C. EDWARD S. RASKIN, res, v. JON MAYER, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered May 2, 2014, and from a judgment of the same court entered May 20, 2014. The order denied defendant's motion to, in effect, open his default in appearing on an adjourned trial date and dismiss the complaint or, in the alternative, to restore the action to the trial calendar. The judgment, entered on the default, awarded plaintiff the principal sum of $21,545.65.

2014-2338 Q C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

AHMED A. OPETUBO, app, v. FOLASADE OMOWANILE, res

2015-347 K C. AHMED A. OPETUBO, app, v. FOLASADE OMOWANILE, res — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered January 15, 2015. The order denied plaintiff's motion to, in effect, vacate a default judgment and restore the action to the calendar.

2015-347 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. FINNERTY, JAMES

2015-2776 W CR. THE PEOPLE v. FINNERTY, JAMES — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered November 17, 2015, as a poor person, and for the assignment of counsel.

2015-2776 W CR
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

MARSAM REALTY 13TH AVE., LLC v. BAGELS “N” GREENS BP, LLC

2016-769 K C. MARSAM REALTY 13TH AVE., LLC v. BAGELS "N" GREENS BP, LLC — Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 9, 2016.

2016-769 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. THOMPSON

2016-493 W C. THE PEOPLE v. THOMPSON — Motion by appellant for leave to prosecute an appeal from an order of the City Court of New Rochelle, Westchester County, entered November 20, 2015, as a poor person, and for an enlargement of time to perfect the appeal.

2016-493 W C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

CLARK REMY, res, v. ELEGANT HVAC, INC., app

2014-2684 Q C. CLARK REMY, res, v. ELEGANT HVAC, INC., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered April 14, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,000.

2014-2684 Q C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

LILLIAN PIGNATELLO, res, v. DUTCHESS KNOLLS, INC., app

2014-1309 D C. LILLIAN PIGNATELLO, res, v. DUTCHESS KNOLLS, INC., app — Appeal from a judgment of the Justice Court of the Town of Fishkill, Dutchess County (Robert J. Rahemba, J.), entered June 27, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,260.

2014-1309 D C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, Second Judicial Department

JERRY TELSEY, app, v. HARRIS WATER MAIN & SEWER CONTRACTORS, INC., res

2015-260 K C. JERRY TELSEY, app, v. HARRIS WATER MAIN & SEWER CONTRACTORS, INC., res — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered October 1, 2014. The judgment, after a nonjury trial, dismissed the action.

2015-260 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

RENZLER v. FRAGUELA

2015-2398 D C. RENZLER v. FRAGUELA — Motion by appellant, by order to show cause dated March 31, 2016, in effect, for, among other things, leave to reargue her prior motion for summary reversal of a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, which prior motion was determined by decision and order on motion of this court dated February 8, 2016.

2015-2398 D C
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

PORT MED., P.C., A/A/O MAZIN v. AUTOONE INS. CO.

2015-2228 K C. PORT MED., P.C., A/A/O MAZIN v. AUTOONE INS. CO. — Motion by appellant to vacate an order of this court dated February 22, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 17, 2015.

2015-2228 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

149-05 OWNERS CORP. v. PHILLIPS

2016-598 Q C. 149-05 OWNERS CORP. v. PHILLIPS — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 23, 2015, for failure to perfect. Cross motion by appellants for an enlargement of time to perfect the appeal.

2016-598 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. HARRIS, BALIVA

2015-389 N CR. THE PEOPLE v. HARRIS, BALIVA — Motion by appellant to vacate an order of this court dated May 11, 2015, which dismissed an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered January 14, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2015-389 N CR
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

GLORIA ADAMS, app, v. BANK OF AMERICA, res

2015-529 K C. GLORIA ADAMS, app, v. BANK OF AMERICA, res — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered August 18, 2014. The judgment, entered pursuant to a decision of the same court dated April 1, 2014, after a nonjury trial, dismissed the complaint.

2015-529 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

ZAYAS PHYSICAL THERAPY, P.C., A/A/O PEREZ v. AUTO ONE INS. CO.

2015-1988 K C. ZAYAS PHYSICAL THERAPY, P.C., A/A/O PEREZ v. AUTO ONE INS. CO. — Motion by appellant to vacate an order of this court dated February 22, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 14, 2015, and for an enlargement of time to perfect the appeal.

2015-1988 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF VLADIMIR JEAN, res, v. INFINITY INS. CO., app

2014-2068 K C. BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF VLADIMIR JEAN, res, v. INFINITY INS. CO., app — Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150.

2014-2068 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

BERNADIN BAYONNE, app, v. ADVANCE AUTO PARTS, res

2015-387 RO C. BERNADIN BAYONNE, app, v. ADVANCE AUTO PARTS, res — Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Scott B. Ugell, J.), entered January 6, 2015. The judgment, after a nonjury trial, dismissed the action.

2015-387 RO C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, Second Judicial Department

DANIELLE MCGIBBON, res, v. GILDIN, ZELENITZ & SHAPIRO, P.C., app

2014-2339 Q C. DANIELLE MCGIBBON, res, v. GILDIN, ZELENITZ & SHAPIRO, P.C., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered December 3, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,500.

2014-2339 Q C
: Weston, J.P., Pesce and Aliotta, JJ.

Appellate Term, Second Judicial Department

SOKOLOW v. WERTH

2016-767 K C. SOKOLOW v. WERTH — 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 January 19, 2016, for summary reversal, and for leave to prosecute the appeal as a poor person.

2016-767 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ANNA N. BROWN, res, v. CARLTON WILSON, def

2013-2734 Q C. ANNA N. BROWN, res, v. CARLTON WILSON, def;

2013-2734 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, Second Judicial Department

LILLY M. RAMJIT, res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, app

2014-1728 K C. LILLY M. RAMJIT, res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered September 10, 2012. The judgment, insofar as appealed from as limited by the brief, upon a jury verdict on the issue of damages, awarded plaintiff the principal sum of $50,000.

2014-1728 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

TAM MEDICAL SUPPLY CORP. AS ASSIGNEE OF JAMES BOUCICAULT, app, v. CITIWIDE AUTO LEASING, res

2014-656 Q C. TAM MEDICAL SUPPLY CORP. AS ASSIGNEE OF JAMES BOUCICAULT, app, v. CITIWIDE AUTO LEASING, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 28, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2014-656 Q C
: Pesce, P.J., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

ROBERT D. BUSH, res, v. BEAUTY BAY, INC., app

2014-1133 RI C. ROBERT D. BUSH, res, v. BEAUTY BAY, INC., app — Appeal from a final judgment of the Civil Court of the City of New York, Richmond County (Theresa M. Ciccotto, J.), entered July 31, 2014. The final judgment, entered following tenant's default in complying with so much of an order of the same court dated February 18, 2014 as granted the branch of landlord's motion seeking to direct tenant to make a deposit of rent pursuant to RPAPL 745 (2), awarded landlord possession in a nonpayment summary proceeding. The appeal from the final judgment brings up for review the above-stated portion of the order dated February 18, 2014.

2014-1133 RI C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF STEVEN THOMAS, res, v. INFINITY INS. CO., app

2014-2032 K C. BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF STEVEN THOMAS, res, v. INFINITY INS. CO., app — Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,772.59.

2014-2032 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

NEW AGE ACUPUNCTURE, P.C., AS ASSIGNEE OF SEBASTIAN MONTOYA, app, v. 21st CENTURY INSURANCE COMPANY, res

2014-1999 K C. NEW AGE ACUPUNCTURE, P.C., AS ASSIGNEE OF SEBASTIAN MONTOYA, app, v. 21st CENTURY INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered July 23, 2014. The order, insofar as appealed from, granted the branch of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover for services billed using CPT code 97026.

2014-1999 K C
: Elliot, J.P., Weston and Solomon, JJ.

Surrogate's Court, Richmond County

ESTATE OF SALVADOR NANCO RODRIGUEZ, Deceased

ESTATE OF SALVADOR NANCO RODRIGUEZ, Deceased (13/435/A) — In this pending compromise proceeding, the Court appointed Daniel D. Kuhn, Esq., as Guardian ad Litem to represent Ivan Nanco Arguello, an infant. The Court has been advised that Daniel D. Kuhn, Esq., cannot accept the appointment. Accordingly, the Court relieves her of the appointment.

13/435/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF JOHN TRICARICO, A/K/A JOHN J. TRICARICO, Deceased

ESTATE OF JOHN TRICARICO, A/K/A JOHN J. TRICARICO, Deceased (A/67/04/D) — In this estate, the Court by prior Decisions and Orders, granted applications to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent against several defendants. Limitations remained within the Letters of Administration against the non-settling defendants. The instant application seeks to compromise the action against additional settling defendants.

A/67/04/D
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF CHRIS ZORBAS, Deceased

ESTATE OF CHRIS ZORBAS, Deceased (11/69/A) — This is an application by the limited administrator of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on February 3, 2011, so as to enable him to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.

11/69/A
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF CHARLES MARCHESE, Deceased

ESTATE OF CHARLES MARCHESE, Deceased (13/168/B) — In this compromise proceeding, it appears that Rose Marchese, surviving spouse, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

13/168/B
Surrogate Gigante

Supreme Court, Wayne County

The People v. Irizarry, 15-44

Prosecutors Fail to Comply With CPL 4540(c), Fail to Establish Second Felony Offender Status

15-44
Judge Daniel Barrett

Supreme Court, Wayne County

Krebbeks v. The Village of Newark, 76503/2014

Court Grants Village's Motion To Dismiss Personal Injury Action

76503/2014
Justice John Nesbitt

Family Court, Erie County

Kevin D. v. Terri C., V-11173-15

Court Rules Visitation With Incarcerated Father Not in Child's Best Interest, Denied

V-11173-15
Judge Mary Carney

Supreme Court, Ulster County

Farrell v. Wildlife Conservation Socy., 14-502

Court Denies Motion to Set Aside Jury Verdict In Its Failure to Award for Future Injuries

14-502
Justice Lisa Fisher

Supreme Court, New York County, Part 22

Paulema v. Alam, 157041/14

Plaintiffs Raised Triable Issues if Disc Bulges, Herniations, Causally Related to Accident

157041/14
Justice Leticia Ramirez

Appellate Division, First Department

Chanin v. Machcinski, 651579/14

Non-Client Can Pursue Action Against Law Firm, Panel Rules

651579/14
Before: Tom, J.P., Sweeny, Andrias, Manzanet-Daniels, Webber, JJ.

Surrogate's Court, New York County

ESTATE OF RAMON TAPIA, Deceased

ESTATE OF RAMON TAPIA, Deceased. (14/4773/A) — At the call of the calendar, the petition to compel the executor of the estate of Ramon Tapia to account was granted. Respondent Maria Varela is directed to file an account of her proceedings, together with a petition for the judicial settlement thereof, within thirty (30) days of the date of this decision.

14/4773/A
Surrogate Anderson

Appellate Term, Second Judicial Department

MCLIN v. MENTAL HEALTH ASSN.

2016-180 N C. MCLIN v. MENTAL HEALTH ASSN. — Motion by respondent for leave to renew and reargue appellant's prior motion for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered January 21, 2016, which was determined by decision and order on motion of this court dated January 28, 2016.

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

Appellate Term, Second Judicial Department

PREPETIT MED., P.C. A/A/O PADILLA v. ALLSTATE INS. CO.

2016-977 Q C. PREPETIT MED., P.C. A/A/O PADILLA v. ALLSTATE INS. CO. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 6, 2014.

2016-977 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

SPA WELLNESS, INC. v. FERAZZOLI

2016-975 Q C. SPA WELLNESS, INC. v. FERAZZOLI — Appeal from an order of the Civil Court of the City of New York, Queens County, entered February 24, 2016.

2016-975 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

OSBORN v. BADIE

2015-114 W C. OSBORN v. BADIE — Motion by James W. Badie, personal representative of the estate of Claude Badie, to be substituted for the deceased appellant Claude Badie, and to reinstate an appeal from an order of the Justice Court of the Village of Hastings-On-Hudson, Westchester County, entered July 9, 2014. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated August 14, 2015. By decision and order on motion of this court dated February 22, 2016, the appeal was dismissed without prejudice to reinstatement within 90 days upon a motion by a personal representative for the deceased appellant.

2015-114 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

CARLOS v. PRIMUS

2016-197 W C. CARLOS v. PRIMUS — Motion by respondent on an appeal from a final judgment of the City Court of Peekskill, Westchester County, entered January 6, 2016, for the release of funds on deposit.

2016-197 W C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

NSS FINANCIAL SERVICES, LLC., plf-res, v. ELIYAHU ASDON, def-app

16-105/107. NSS FINANCIAL SERVICES, LLC., plf-res, v. ELIYAHU ASDON, def-app — Judgments (Gerald Lebovits, J.), entered on or about January 7, 2014, affirmed, without costs.

16-105/107
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, Second Judicial Department

MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN.

2016-284 Q C. MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN. — Motion by appellant to vacate a decision and order on motion of this court dated March 7, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered December 14, 2015.

2016-284 Q C
: Weston, J.P., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

CHARLES DENG ACUPUNCTURE, P.C., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN.

2016-272 Q C. CHARLES DENG ACUPUNCTURE, P.C., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN. — Motion by appellant to vacate a decision and order on motion of this court dated March 7, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered December 21, 2015.

2016-272 Q C
: Weston, J.P., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

NYS ACUPUNCTURE, P.C., A/A/O BROCK v. STATE FARM MUT. AUTO. INS. CO.

2013-02381 Q C. NYS ACUPUNCTURE, P.C., A/A/O BROCK v. STATE FARM MUT. AUTO. INS. CO. — Apeal from an order of the Civil Court of the City of New York, Queens County, entered October 16, 2013.

2013-02381 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

SUTPHIN COMPLETE MEDICAL CARE, A/A/O RAFAEL D. BAEZ-VILLAR, plf-app, v. HEREFORD INS. CO., def-res

16-101. SUTPHIN COMPLETE MEDICAL CARE, A/A/O RAFAEL D. BAEZ-VILLAR, plf-app, v. HEREFORD INS. CO., def-res — Order (Tanya R. Kennedy, J.), entered November 12, 2014, modified to deny defendant's motion for summary judgment and to reinstate the complaint; as modified, order affirmed, with $10 costs.

16-101
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, Second Judicial Department

55 OCEAN, LLC v. THOMAS

2016-863 K C. 55 OCEAN, LLC v. THOMAS — Motion by appellant to be restored to possession pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 15, 2016, and for a stay pending the determination of the appeal.

2016-863 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

OMEGA DIAGNOSTIC IMAGING, P.C. A/A/O UNIQUE PETTWAY, plf-res, v. PRAETORIAN INSURANCE COMPANY, def-app

16-010. OMEGA DIAGNOSTIC IMAGING, P.C. A/A/O UNIQUE PETTWAY, plf-res, v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Paul L. Alpert, J.), entered June 8, 2015, affirmed, with $10 costs.

16-010
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, Second Judicial Department

GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN.

2016-465 Q C. GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN. — Motion by appellant to vacate a decision and order on motion of this court dated March 10, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2015.

2016-465 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN.

2016-466 Q C. GENTLECARE AMBULATORY ANESTHESIA SERVS., A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN. — Motion by appellant to vacate a decision and order on motion of this court dated March 21, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2015.

2016-466 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

SHARP VIEW DIAGNOSTIC IMAGING, P.C., A/A/O FABIOLA v. HEREFORD INS. CO.

2014-1274 K C. SHARP VIEW DIAGNOSTIC IMAGING, P.C., A/A/O FABIOLA v. HEREFORD INS. CO. — Appellant Sharp View Diagnostic Imaging, P.C., as Assignee of Joseph Fabiola, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 21, 2014, and counsel having attended a Civil Appeals Management Program (CAMP) conference on July 22, 2014, and appellant having perfected the appeal on October 24, 2014, and on or about January 20, 2016, the parties having been sent notification that the appeal would appear on the February 3, 2016 ready-day calendar; and on January 21, 2016, counsel for appellant having notified the court via letter, that the matter had been settled on September 11, 2015, more than four months earlier, and appellant's counsel having submitted a Civil Court Stipulation of Discontinuance, signed by both counsel and dated September 11, 2015, along with an Appellate Term Withdrawal By Stipulation bearing the same date. By order to show cause dated January 27, 2016, the parties or their counsel were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (f) upon the parties or their respective counsel.

2014-1274 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

XIAOMAO WANG, res, v. ALBERTO MARTINEZ, def, -AND- BRUCE A. PAYNE ASSOCIATES, INC., app

2013-2343 Q C. XIAOMAO WANG, res, v. ALBERTO MARTINEZ, def, -AND- BRUCE A. PAYNE ASSOCIATES, INC., app;

2013-2343 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, First Judicial Department

VS CARE ACUPUNCTURE, PC, A/A/O DALAYSHIA CARR, plf-res, v. MVAIC, def-app

16-202. VS CARE ACUPUNCTURE, PC, A/A/O DALAYSHIA CARR, plf-res, v. MVAIC, def-app — Order (Debra Rose Samuels, J.), entered October 28, 2015, affirmed, with $10 costs.

16-202
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, Second Judicial Department

ANIS REALTY, LLC v. ROMAN

2016-795 K C. ANIS REALTY, LLC v. ROMAN — 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 March 2, 2016.

2016-795 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

SCHNEIDER v. MIDTOWN MOVING & STORAGE, INC.

2015-450 K C. SCHNEIDER v. MIDTOWN MOVING & STORAGE, INC. — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014, to continue a stay granted by decision and order on motion of this court dated April 17, 2015, and extended by decisions and orders on motion of this court dated October 20, 2015 and January 28, 2016. A review of the record on appeal indicates that the action was dismissed by the Civil Court, no appearance either side, on March 17, 2016.

2015-450 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

XIAOMAO WANG, res, v. ALBERTO MARTINEZ, app -AND- BRUCE A. PAYNE ASSOCIATES, INC., def

2014-1245 Q C. XIAOMAO WANG, res, v. ALBERTO MARTINEZ, app -AND- BRUCE A. PAYNE ASSOCIATES, INC., def — Separate appeals by defendants Alberto Martinez and Bruce A. Payne Associates, Inc. from a judgment of the Civil Court of the City of New York, Queens County (Jody Orlow, J.), entered June 27, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $11,800 as against each defendant.

2014-1245 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Surrogate's Court, Richmond County

Roman Blum; Flora Lepore; Colleen Mallon; Lillie Golden; Eric Garner - 2 orders; Wolf Blaustein; Arlene Quinn; Stanley Mruczynski; Anthony J. Ficara; James F. Regan

MATTER OF: Roman Blum; Flora Lepore; Colleen Mallon; Lillie Golden; Eric Garner - 2 orders; Wolf Blaustein; Arlene Quinn; Stanley Mruczynski; Anthony J. Ficara; James F. Regan


Surrogate Gigante

Surrogate's Court, Richmond County

Robert Edward Healy; Amanda Lipstein - 6 orders; Tariq Jared A. Martin; Emily Marie Mondi; William J. Irvine; Rachel Lyn Irvine; Christine Gagliano

MATTER OF: Robert Edward Healy; Amanda Lipstein - 6 orders; Tariq Jared A. Martin; Emily Marie Mondi; William J. Irvine; Rachel Lyn Irvine; Christine Gagliano


Surrogate Gigante

Surrogate's Court, Richmond County

Raymond Perry S; Michael Antonelli S; Joseph Abruzzo-2 Dec S; David Ismail; Thomas Ryan; Jo-Ann Comas; Grace Giorgianni; Dickey Smith; Carleton P. Irish; Paul D. Ferrari; Thelma S. Medida; John Dernbach; Valerie H. Lavin; Angela Doglio; Wayne Piccirillo; Richard Capuozzo; Richard Adamson; Julius A. Bertolini

MATTER OF: Raymond Perry S; Michael Antonelli S; Joseph Abruzzo-2 Dec S; David Ismail; Thomas Ryan; Jo-Ann Comas; Grace Giorgianni; Dickey Smith; Carleton P. Irish; Paul D. Ferrari; Thelma S. Medida; John Dernbach; Valerie H. Lavin; Angela Doglio; Wayne Piccirillo; Richard Capuozzo; Richard Adamson; Julius A. Bertolini


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF PETER BASCH, Deceased

ESTATE OF PETER BASCH, Deceased. (14/1271/A) — At the call of the calendar on April 22, 2016, the court granted the request of petitioner Betsy Tiffany to take the deposition of respondent Lucia Basch in this proceeding to determine the validity of respondent's notice of election (SCPA 1421). Respondent's motion for summary judgment and petitioner's cross-motion for summary judgment are held in abeyance pending the conclusion of the deposition, pursuant to CPLR 3212 (f). The court will consider respondent's request that her deposition be taken by video conference in Florida upon her submission of sworn statements from two physicians regarding the effect on her health of travel to New York.

14/1271/A
Surrogate Mella

Appellate Division, Second Department

Tisdell v. Metropolitan Transportation Authority, 776/09

MTA, LIRR Found Not Liable for Death of Cadet

776/09
Before: Mastro, J.P., Leventhal, Sgroi, Miller, JJ.

Supreme Court, Kings County, Part 5F

BC, Plaintiff v. RC, Defendant, XXXXX/12

Defendant Husband Wastefully Dissipated Marital Asset for 20 Years by Fully Maintaining Solely With Marital Funds Property in Which He Held Only One-Third Interest; Defendant Husband Also Transferred Substantial Funds to Relatives in Contemplation of Divorce Action; Plaintiff Wife Awarded 'Majauskas' Share of Defendant Husband's Pension to Be REceived as Monthly Payment by Way of QDRO

XXXXX/12
Justice Rachel Adams

Family Court, Kings County

Matter of Kailynn I.

Mother Granted Dismissal of ACS's Neglect Petition as Court's Aid No Longer Required

[Index Number Redacted by Court]
Judge Jacqueline Deane

Surrogate's Court, Kings County

Probate Proceeding, Will of Theodore Trataros, 2015-1627

Respondents' Motion to Compel SCPA 1404 Examination of Decedent's Spouse Denied

2015-1627
Surrogate Margarita Lopez Torres

Criminal Court, Bronx County, Part AP-3

The People v. Hernandez, 2015BX004851

Prosecutors Did Not Exceed 90-Day Speedy Trial Clock on DWI Charge; Dismissal Denied

2015BX004851
Judge Armando Montano

Supreme Court, Bronx County, Part 60

The People v. Mohammed, 2913/14

Court Denies Defendant's Motion to Compel Turnover of Electronic Raw Data of DNA Testing

2913/14
Justice Steven Barrett

Appellate Term, 9th & 10th Judicial Districts

The People v. LaBagh, 2014-2853 OR CR

Prosecutors' Information Jurisdictionally Defective, Criminal Mischief Conviction Vacated

2014-2853 OR CR
Before: Iannacci, J.P., and Tolbert, J.

Surrogate's Court, New York County

ESTATE OF WINIFRED HOWARD, Deceased

ESTATE OF WINIFRED HOWARD, Deceased (15/2307) — In this uncontested proceeding, the nominated executors seek to probate, as a lost will, a copy of a document dated July 16, 2009 which purports to be the will of Winifred Howard, who died on March 26, 2014.

15/2307
Surrogate Mella

Appellate Term, First Judicial Department

FIVE J'S AUTOMOTIVE, LTD., plf-app, v. CONRAD HUGHES, def-res

16-199. FIVE J'S AUTOMOTIVE, LTD., plf-app, v. CONRAD HUGHES, def-res — Judgment (Eddie J. McShan, J.), entered May 7, 2013, affirmed, without costs.

16-199
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. FREDDIE SINGLETON, def-app

14-265. THE PEOPLE, res, v. FREDDIE SINGLETON, def-app — Judgment of conviction (Joanne D. Quinones, J.), rendered October 29, 2013, affirmed.

14-265
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

COURTNEY HOUSE, LLC, pet-land-res, v. BERNARD GOETZ, res-tent-app

16-112. COURTNEY HOUSE, LLC, pet-land-res, v. BERNARD GOETZ, res-tent-app — Order (Jack Stoller, J.), dated November 16, 2015, insofar as appealed from, affirmed, with $10 costs.

16-112
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. ANTONIO VALDEZ, def-app

14-221. THE PEOPLE, res, v. ANTONIO VALDEZ, def-app — Judgments of conviction (Alvin M. Yearwood, J. at plea; William McGuire, J. at sentencing), rendered September 17, 2013, affirmed.

14-221
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. ROBERT PLEASANT, def-app

10-279. THE PEOPLE, res, v. ROBERT PLEASANT, def-app — Judgment of conviction (Tamiko A. Amaker, J.), rendered February 2, 2010, affirmed.

10-279
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RUFUS GIBSON, def-app

15-281. THE PEOPLE, res, v. RUFUS GIBSON, def-app — Judgment of conviction (Jennifer G. Schecter, J.), rendered December 19, 2011, affirmed.

15-281
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. LAMARANA BAH, def-app

14-402. THE PEOPLE, res, v. LAMARANA BAH, def-app — Judgments of conviction (Joanne D. Quinones, J.), rendered July 26, 2013, affirmed.

14-402
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. AILENIS DIAZ, def-app

14-350. THE PEOPLE, res, v. AILENIS DIAZ, def-app — Judgment of conviction (Dakota D. Ramseur, J.), rendered February 10, 2014, affirmed.

14-350
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF MARIA SCHMID, Deceased

ESTATE OF MARIA SCHMID, Deceased (13/3241/A) — The decision dated April 27, 2016, is amended to read as follows:

13/3241/A
Surrogate Anderson

New York State, Court of Appeals

Friends of Thayer Lake LLC, et al., Appellants, v. Phil Brown, et al., Respondents, et al., Defendant., No. 55

No. 55
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Appellate Division, First Department

People v. Shaequawn Watson, 4033/09

Panel Orders Batson Inquiry in the 'Interest of Justice'

4033/09
Before: Mazzarelli, J.P., Friedman, Richter, Manzanet-Daniels, Gische, JJ.

Appellate Division, First Department

People v. Leonardo Coronado, 66965C/09

Court Vacates Conviction of Man Police Stopped as Crime Victim

66965C/09
Before: Friedman, J.P., Andrias, Moskowitz, Kapnick, Webber, JJ.

Supreme Court, Richmond County

K.D. v. L.D., 50023/2012

Husband Cannot Prove Anything But Unilateral Mistake in Contract, Reformation Denied

50023/2012
Justice Catherine DiDomenico

Criminal Court, Kings County, Trial Part 1

The People v. Rolon, 2015KN053629

Defendant Fails to Show Sufficient Facts To Warrant Judge Review Officers' Records

2015KN053629
Judge Carolyn Walker-Diallo

Criminal Court, Kings County, AP-6

The People v. Hart, 2015KN072002

Failure to Allege Damage Caused Over $250 Dismisses Hindering Prosecution Charge

2015KN072002
Judge Andrew Borrok

Criminal Court, Bronx County, Part AP-2

The People v. Sanchez, 2015BX038318

Court Adheres to Prior Ruling, Hearing Needed To Determine Admissibility of Blood Sample

2015BX038318
Judge Armando Montano

Criminal Court, Bronx County, Part TP-3

The People v. Bedwell, 2013KN060164

Absent Probable Cause, Warrantless Search Of Vehicle Unjustified; Evidence Suppressed

2013KN060164
Judge George Grasso

Criminal Court, New York County

The People v. Olive, 2013NY053857

Arresting Officer May Provide Substitute Testimony of Defendant's Breath Test at Trial

2013NY053857
Judge Melissa Crane

New York State, Court of Appeals

Larabee v. Governor, No. 52 and Silverman v. Silver, No. 53

Bid for Retroactive Judicial Pay Raises Is Rejected

No. 52 No. 53
Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur. Chief Judge DiFiore and Judge Stein took no part.

Appellate Division, First Department

Matter of Grabell v. New York City Police Department, 100580/13

Panel Limits Disclosure of Data About NYPD X-ray Vans

100580/13
Before: Sweeny, J.P., Richter, Manzanet-Daniels, Gische, JJ.

Civil Court, Kings County, Part 41

Active Care Medical Supply Corp., a/a/o Mantilla, Christian, Plaintiff v. Hartford Insurance Company, Defendant, CV-027848-14

Insurer Not Entitled to Summary Judgment in Suit to Recover First-Party No-Fault Benefits; Court Could Not Consider Employee Affidavit in Insurer's Reply Papers as It Was New Evidence Not Before Court in Insurer's Original Motion

CV-027848-14
Acting Justice Devin Cohen

Supreme Court, Westchester County

Barcacel v. The City of Yonkers, 55239/2014

Issues of Fact Preclude Summary Judgment To Pedestrian, City in Personal Injury Suit

55239/2014
Justice Terry Jane Ruderman

Supreme Court, Westchester County

Wells Fargo Bank v. Vuksanovic, 13963/08

Board Denied Application for Bank To 'Maintain' Premises Under RPAPL §1307

13963/08
Justice Lewis Lubell

Supreme Court, Kings County, IAS Term, Part 52

Owens v. Starbucks Corp., 510891/15

Dismissal of Discrimination Complaint Stayed Pending Determination by Commission

510891/15
Justice Francois Rivera

Supreme Court, Bronx County, Part 13

Kamate v. M.J. Cahn Co., 22512-15E

DHR Properly Annulled Employee's Complaint for Court Adjudication

22512-15E
Justice Fernando Tapia

Supreme Court, New York County, Part 45

61 West 37th Street LLC v. Senevi, 652908/2015

Landlord Not Entitled to Assignment Fee, Dismissal of Contract Breach Claim Granted

652908/2015
Justice Anil Singh

Appellate Term, 9th & 10th Judicial Districts

Bulsara v. Chami, 2014-1465 N C

Buyer Fails to Establish Liability on Seller's Part, or Basis to Revoke Car Purchase

2014-1465 N C
Before: Marano, P.J., and Garguilo, J.

Surrogate's Court, Kings County

ESTATE OF THEODORE TRATAROS, Deceased

ESTATE OF THEODORE TRATAROS, Deceased (15/1627) — In this probate proceeding, Elizabeth Pantelis (the petitioner), the nominated executor and trustee, filed a petition seeking to probate a written instrument dated September 24, 2010 (the purported will), which purports to be the last will and testament of Theodore Trataros (the decedent). The decedent died on March 17, 2014, at the age of 93 years, survived by his wife, Efstathia Trataros (decedent's spouse), and three adult daughters, Mary Marinakis, Zoe Apodiacos (together, the potential objectants or respondents) and the petitioner herein. Under the propounded instrument, the respondents are expressly disinherited. The proponent alleges that the 38-paged purported will was drafted by an attorney and executed in the presence of two witnesses under attorney supervision. Jurisdiction is complete. Objections have not yet been filed.

15/1627
Surrogate Lopez Torres

Appellate Term, First Judicial Department

People v. Flores, Jose

570228/16. People v. Flores, Jose

570228/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

327 East 84th Street Associates v. Uptown Motors Ltd., et al.

570308/16. 327 East 84th Street Associates v. Uptown Motors Ltd., et al.,

570308/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

Ivy League Apt. Corp., v. Fowler route Company, Inc.

570070/15. Ivy League Apt. Corp., v. Fowler route Company, Inc.,

570070/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Ocasio, Jose

571081/15. People v. Ocasio, Jose

571081/15
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

Riverbay Corporation v. Soler, Allison W. Ex-parte applications are declined

570322/16. Riverbay Corporation v. Soler, Allison W. Ex-parte applications are declined.

570322/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

2776 Boulevard LLC v. SME Capital Ventures

570250/16. 2776 Boulevard LLC v. SME Capital Ventures

570250/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

13775 Realty, LLC v. Foglino, Annette

570011/16. 13775 Realty, LLC v. Foglino, Annette

570011/16
: Shulman, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lauriano, Douglas A. v. Gold, Andrew & Fallon, Jennifer

570309/16. Lauriano, Douglas A. v. Gold, Andrew & Fallon, Jennifer

570309/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

68 East Realty, LLC v. Liebowitz, Susan Ex-parte applications are declined

570321/16. 68 East Realty, LLC v. Liebowitz, Susan Ex-parte applications are declined.

570321/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Orchard Street Equities LLC v. Breakstone, Duncan Ex-parte applications are declined

570319/16. Orchard Street Equities LLC v. Breakstone, Duncan Ex-parte applications are declined.

570319/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Healing Medical Care a/a/o Ferrante, A. v. Praetorian Ins Co.

570279/16. Healing Medical Care a/a/o Ferrante, A. v. Praetorian Ins Co.,

570279/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Rigoberto, Gilbert

570235/16. People v. Rigoberto, Gilbert

570235/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

1325 Fifth Avenue LLC v. Orekunrin, John Ex-parte applications are declined

570320/16. 1325 Fifth Avenue LLC v. Orekunrin, John Ex-parte applications are declined.

570320/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Royal Charter Properties, Inc., v. Washington, Natalie A.

570197/16. Royal Charter Properties, Inc., v. Washington, Natalie A.

570197/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Bleecker Street Investors, LLC v. Zabari, Doron

570731/15. Bleecker Street Investors, LLC v. Zabari, Doron

570731/15
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

Mac, Neal, Kelly v. Girard, Anthony Ex-parte applications are declined

570318/16. Mac, Neal, Kelly v. Girard, Anthony Ex-parte applications are declined.

570318/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Milro Associates v. New York Bone & Joint Specialists, PLLC

570029/16. Milro Associates v. New York Bone & Joint Specialists, PLLC

570029/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Cabrera, Ronny

570234/16. People v. Cabrera, Ronny

570234/16
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Surrogate's Court, New York County

ESTATE OF JERI SECHZER, Decedent

ESTATE OF JERI SECHZER, Decedent (12/4014/A) — After conference with the court, this proceeding to compel the preliminary executors of the estate of Jeri Sechzer to account has been discontinued pursuant to a stipulation filed with the court.

12/4014/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF EDWARD P. EVANS, Deceased

ESTATE OF EDWARD P. EVANS, Deceased (11/197 H) — At the call of the calendar, the court granted a motion to dismiss this application to compel two co-executors and one former executor of the estate of Edward P. Evans ("decedent") to account. The two current co-executors had filed the motion on the ground that petitioner lacked standing to seek the requested relief. Petitioner had received her bequest in full and therefore had no further interest in the estate. Moreover, she could not seek an accounting on behalf of a charitable foundation, which is the residuary beneficiary of decedent's estate, since she was no longer a trustee of that foundation at the time she commenced this proceeding.

11/197 H
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF GHISLAIN ARSENE EPOUTA, Deceased

ESTATE OF GHISLAIN ARSENE EPOUTA, Deceased (11/0038) — The proposed compromise of causes of action for decedent's personal injury and wrongful death was approved, and the attorney's fee and disbursements were fixed and determined, by order of the Supreme Court, Bronx County. The proceeds are allocated 100 percent to the cause of action for wrongful death. 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 with respect to defendant La Casa Del Mofongo, Inc., only; the restrictions shall remain in full force and effect with regard to any remaining defendants.

11/0038
Surrogate Anderson

Appellate Division, Second Department

People v. Baljit Singh, 2642/10

Panel Faults Denial of Justification Charge

2642/10
Before: Leventhal, J.P., Miller, Maltese, Duffy, JJ.

Supreme Court, Greene County

Wells Fargo Bank, NA v. Rositzke, 12-0641

Bank Granted Summary Judgment, Defendants' Amended Answer Struck

12-0641
Justice Lisa Fisher

Civil Court, Richmond County, Housing Part Y

Kimso Apartments, LLC v. Mateo, L&T 53131/15

Landlord Waived Right to Evict Tenants For Harboring Pit Bulls; Holdover Dismissed

L&T 53131/15
Judge Kimberley Slade

Civil Court, Queens County, Housing Part E

Tulane Realty LP v. Cruz, L&T 79121/15

One Incident Insufficient to Sustain Nuisance Claim Under RSC §2524.3(b); Holdover Denied

L&T 79121/15
Judge Clifton Nembhard

Supreme Court, New York County, Part 55

Kosciuszko Plaza LLC v. N.Y. City Department of Housing Preservation and Development, 161835/2015

Owner's Petition Challenging HPD's Denial Of J-51 Tax Benefit Application Time-Barred

161835/2015
Justice Cynthia Kern

Supreme Court, New York County, Part 42

Doman v. P.S. Marcato Elevator Co., Inc., 160077/13

Owner, Agent Fail to Establish Inapplicability Of Doctrine of Res Ipsa Loquitur in Injury Suit

160077/13
Justice Nancy Bannon

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

Git Leb, LLC v. Golphin, 2014-1006 K C

Tenant's Motion to Dismiss Holdover Petition Should Have Been Denied; Order Reversed

2014-1006 K C
Before: Elliot, J.P., Weston and Solomon, JJ.

New York State, Court of Appeals

Plotch v. Citibank, No. 57

No. 57
Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur. Judge Garcia took no part.

New York State, Court of Appeals

People v. Wayne Henderson, No. 58

No. 58
Chief Judge DiFiore and Judges Rivera, Abdus- Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Kent v. Lefkowitz, No.63

No. 63
Judges Pigott, Rivera, Abdus-Salaam and Garcia concur. Judge Fahey dissents in an opinion. Judge Stein took no part.

New York State, Court of Appeals

People v. Jonathan Connolly, No. 68

No. 68
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Garcia concur. Judge Fahey took no part.

Court of Claims, New York County

Burns v. State of New York, 123779

State Found Not Liable for Worker's Injury on Cliff

123779
Judge Judith Hard

Supreme Court, Monroe County

Josphe v. Dermatology Assoc. of Rochester, 2015/6671

Defendants' Request for Medical Records Overly Broad; Court Limits, Orders in Camera Review

2015/6671
Justice Matthew Rosenbaum

Supreme Court, St. Lawrence County

Biggs v. The Zoning Board of Appeals of the Town of Pierrepont, 146789

ZBA's Decision Firewood Processing Fell Within 'Forestry' Definition Irrational, Annulled

146789
Justice Mary Farley

City Court, Albany County

Community Care Physicians, P.C. v. Domagalski, CV-613-15/CO

Damages Inquest Ordered on Reasonable Value of Medical Services Provided Patient

CV-613-15/CO
Judge Thomas Marcelle

Supreme Court, Nassau County, Trial/IAS, Part 29

Matter of Lamb v. Egan, 8361-2015

Administrative Tribunal Properly Found Driver Refused Chemical Test, Upholds Order

8361-2015
Justice James McCormack

Supreme Court, New York County, Part 39

Discover Technologies, LLC v. Arcovis, LLC, 651355/2015

Company, Member Held in Contempt For Failing to Respond to Subpoena

651355/2015
Justice Saliann Scarpulla

Supreme Court, New York County, Part 32

Atkinson v. Key Real Estate Associates, 104274/2011

Factual Issue Raised if Defect Trivial, Lack Of Handrails Contributed to Injuries

104274/2011
Justice Arlene Bluth

Surrogate's Court, New York County

ESTATE OF MARGARET ZOMZELY, Deceased

ESTATE OF MARGARET ZOMZELY, Deceased (15/468/A) — At the call of calendar on April 19, 2016, the court directed that Petitioner may proceed to examine Respondents JPMorgan Chase Bank, N.A., Sheron Tomlinson, and Kim Trigoboff, Esq., regarding the matters identified in the petition. The court directed Respondents to appear for examination no later than May 19, 2016.

15/468/A
Surrogate Mella

Appellate Term, Second Judicial Department

647 ALBANY AVE., LLC v. CRESPO

2016-788 K C. 647 ALBANY AVE., LLC v. CRESPO — Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 11, 2016. The order denied a motion by nonparty-appellant, in effect, to stay the execution of a warrant in a nonpayment summary proceeding. The warrant was subsequently executed, and, upon a motion by nonparty-appellant for access to the premises to retrieve his belongings, nonparty-appellant advised the Civil Court that he was not seeking to be restored to possession.

2016-788 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

U.S. EQUITIES CORP. v. OWN

2016-876 RI C. U.S. EQUITIES CORP. v. OWN — Appeal from an order of the Civil Court of the City of New York, Richmond County, entered December 21, 2015.

2016-876 RI C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. RANDAZZO, ANTHONY

2015-02910 S CR. THE PEOPLE, v. RANDAZZO, ANTHONY — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered November 16, 2015.

2015-02910 S CR
: Garguilo, J.P., Marano, Iannacci, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. STEVEN D. (ANONYMOUS)

2015-02936 Q CR. THE PEOPLE, v. STEVEN D. (ANONYMOUS) — 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 December 7, 2015, as a poor person, and for the assignment of counsel.

2015-02936 Q CR
: Pesce, P.J. Aliotta Solomon, JJ.

Appellate Term, Second Judicial Department

Y.A.M. MED. SUPPLY, INC., A/A/O FRANCO v. TRAVELERS INDEM. CO.

2016-143 K C. Y.A.M. MED. SUPPLY, INC., A/A/O FRANCO v. TRAVELERS INDEM. CO. — 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 October 6, 2015.

2016-143 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. VARELA, ERIC

2016-339 W CR. THE PEOPLE, v. VARELA, ERIC — 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 City Court of White Plains, Westchester County, entered June 30, 2015, which has been referred to me for determination.

2016-339 W CR
: Marano, P.J.

Appellate Term, Second Judicial Department

U.S. EQUITIES CORP. v. GARCIA

2016-582 K C. U.S. EQUITIES CORP. v. GARCIA — Motion by appellant for a stay pending the determination of an order of the Civil Court of the City of New York, Kings County, entered December 1, 2015.

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

Appellate Term, Second Judicial Department

PEOPLE, v. CHUDY, VINCENT

2016-999 N CR. PEOPLE, v. CHUDY, VINCENT — Application by the appellant pursuant to Criminal Procedure Law 460.50 for a stay of sentence from a judgment of conviction of the District Court of Nassau County, First District, rendered April 7, 2016.

2016-999 N CR
: Marano, P.J., Tolbert Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. RANDAZZO, ANTHONY

2015-02909 S CR. THE PEOPLE, v. RANDAZZO, ANTHONY — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County Traffic & Parking Violations Agency, rendered November 16, 2015.

2015-02909 S CR
: Garguilo, J.P., Marano, Iannacci, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CRUMELL, JERRY

2015-2938 K CR. THE PEOPLE v. CRUMELL, JERRY — 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 December 3, 2015, as a poor person, and for the assignment of counsel.

2015-2938 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

MASIGLA, A/A/O ANTOINE v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN.

2015-178 Q C; 2015-192 Q C; 2015-305 Q C; 2015-628 Q C. MASIGLA, A/A/O ANTOINE v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O BONY v. UNITED SERVS. AUTO. ASSN.; MASIGLA, A/A/O JOSEPH v. UNITED SERVS. AUTO. ASSN. — Motion by respondent in the four above-captioned appeals from orders of the Civil Court of the City of New York, Queens County, entered, respectively, December 18, 2014, December 18, 2014, December 17, 2014 and December 17, 2014, to consolidate the appeals or, in the alternative, to have all the appeals heard at the same term of this court.

2015-178 Q C; 2015-192 Q C; 2015-305 Q C; 2015-628 Q C
: Pesce, P.J. Aliotta Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. TADEO-PERALTA, RAFAEL

2016-365 RI CR. THE PEOPLE, v. TADEO-PERALTA, RAFAEL — 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 January 7, 2016, as a poor person relief, and for the assignment of counsel.

2016-365 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. PEREZ, VICTORIANO

2016-46 RI CR. THE PEOPLE, v. PEREZ, VICTORIANO — 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 December 14, 2015, as a poor person, and for the assignment of counsel.

2016-46 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DISCOVER BANK, v. WHYTE

2016-953 K C. DISCOVER BANK, v. WHYTE — Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 28, 2016.

2016-953 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, v. CORREA, ERIC

2015-1842 K CR. THE PEOPLE, v. CORREA, ERIC — Motion by Seymour W. James, Jr., 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 July 21, 2015, to be relieved of representing appellant on the appeal and to have other counsel substituted.

2015-1842 K CR
: Pesce, P.J. Aliotta Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RANSOM, RONALD

2016-415 N CR. THE PEOPLE v. RANSOM, RONALD — Motion by appellant pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of the Justice Court of the Village of Hempstead, Nassau County, rendered December 30, 2015.

2016-415 N CR
: Marano, P.J.

Appellate Term, Second Judicial Department

GIT LEB, LLC, app, CONSTANCE GOLPHIN, res, -AND- “JOHN” GOLPHIN, “JOHN DOE” AND “JANE DOE,” und

2014-1006 K C. GIT LEB, LLC, app, CONSTANCE GOLPHIN, res, -AND- "JOHN" GOLPHIN, "JOHN DOE" AND "JANE DOE," und — Appeal from an order of the Civil Court of the City of New York, Kings County (Hannah Cohen, J.), entered January 28, 2014. The order granted tenant's motion to dismiss the petition in a holdover summary proceeding.

2014-1006 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE. v. CATALDO, SAL J.

2015-02934 S CR. THE PEOPLE. v. CATALDO, SAL J. — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered December 9, 2015.

2015-02934 S CR
: Garguilo, J.P., Marano, Iannacci, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RANSOM, RONALD

2016-416 N CR. THE PEOPLE v. RANSOM, RONALD — Motion by appellant pursuant to CPL 460.50 for a stay of execution of a judgment of conviction of the Justice Court of the Village of Hempstead, Nassau County, rendered December 30, 2015.

2016-416 N CR
: Marano, P.J.

Appellate Term, Second Judicial Department

YOUNG, v. EMILIA'S DIAMONDS, INC.

2015-2666 K C. YOUNG, v. EMILIA'S DIAMONDS, INC. — Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered October 29, 2015, to continue a stay granted by decision and order on motion of this court dated January 13, 2016.

2015-2666 K C
: Pesce, P.J. Aliotta Solomon, JJ.

Appellate Term, Second Judicial Department

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

2016-349 Q C. 5670 58 ST. HOLDING CORP. v. ASAP TOWING SERVS., INC. — Motion by appellant and nonparty-appellant for an enlargement of time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 7, 2015, and from orders of the same court dated January 29, 2016 and February 10, 2016.

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

Appellate Term, Second Judicial Department

PANTIGO PROFESSIONAL CTR., LLC v. STANKEVICH

2015-1645 S C. PANTIGO PROFESSIONAL CTR., LLC v. STANKEVICH — Motion by appellant on an appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County, entered July 2, 2015, to continue a stay granted by decision and order on motion of this court dated September 22, 2015, and extended by decision and order on motion of this court dated February 23, 2016, and to compel the Justice Court to file the record on appeal with this court.

2015-1645 S C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

RIMPEL, v. BLAKE

2016-924 N C. RIMPEL, v. BLAKE — Appeal from a small claims judgment of the District Court of Nassau County, Second District, entered September 11, 2015. A review of the record indicates that the judgment was mailed to the parties on September 11, 2015 and the notice of appeal was not filed until October 19, 2015.

2016-924 N C
: Marano, P.J., Tolbert Garguilo, JJ.

Surrogate's Court, Richmond County

Joseph OIah; Theresa A. Peana; Herman W., Lorber; Aldo Sarnella; Louis Facciolo; Soshim Ho; Louis F. Perri; Clare Rich; John Graziano; Keith Loughlin

MATTER OF: Joseph OIah; Theresa A. Peana; Herman W., Lorber; Aldo Sarnella; Louis Facciolo; Soshim Ho; Louis F. Perri; Clare Rich; John Graziano; Keith Loughlin


Surrogate Gigante

Surrogate's Court, Richmond County

Rachel Ann DePinto; Victoria M. Blanding

MATTER OF: Rachel Ann DePinto; Victoria M. Blanding


Surrogate Gigante

Surrogate's Court, Richmond County

Mary Grabowsky; Kyler O. Hailey; Alicia V. Isasi; Teresita V. Lamicelli; Jack Levy; Viola Montalbano; William Olsen; Adeline Tennant; Lucille Sansone; Aleksandr Shapiro; Rita Cedar; Jeanette Benedict; David Winiarz; Helen Gilbert; Carol M. Wegener; Joseph Iulo; Ananthan Satchi; Kenneth Wegener

MATTER OF: Mary Grabowsky; Kyler O. Hailey; Alicia V. Isasi; Teresita V. Lamicelli; Jack Levy; Viola Montalbano; William Olsen; Adeline Tennant; Lucille Sansone; Aleksandr Shapiro; Rita Cedar; Jeanette Benedict; David Winiarz; Helen Gilbert; Carol M. Wegener; Joseph Iulo; Ananthan Satchi; Kenneth Wegener


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF STANLEY RICHMOND, Deceased

ESTATE OF STANLEY RICHMOND, Deceased (15/1319) — At the call of the April 26, 2016 calendar, the court granted the motion of Alan Fisher, objectant in a probate proceeding in the estate of Stanley Richmond, for a subpoena duces tecum. The purported cross-motion of petitioner Mari DiMano was denied.

15/1319
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF PATRICIA LAWSON, Deceased

ESTATE OF PATRICIA LAWSON, Deceased (15/990/A) — On April 22, 2016, the return date of this petition to compel Respondent Reginald Lawson to account for his proceedings as Administrator of the estate of decedent Patricia Lawson, Respondent failed to appear, and the court granted Mr. Evans' petition.

15/990/A
Surrogate Mella

Supreme Court, Queens County, IAS Part 34

U.S. Bank National Assoc. v. Pelaez, 70811/2014

Bank Established Standing to Commence Foreclosure Suit, Entitlement to Judgment

70811/2014
Justice Robert McDonald

Surrogate's Court, Kings County

Proceeding for Hytham M. G.

Guardianship Unwarranted Where Less Restrictive Means to Address Needs Available

[Index Number Redacted by Court]
Surrogate Margarita López Torres

Supreme Court, Kings County, IAS Term Part 4

Burbacki v. Abrams, 509725-2015

Legal Malpractice Claims Bankruptcy Estate Property, Cannot be Maintained Individually

509725-2015
Justice David Vaughan

Supreme Court, Kings County, Criminal Term Part 24

The People v. Pendley, 3759/2014

Warrantless Search Illegal; Evidence Seized, Statements to Police Granted Suppression

3759/2014
Justice ShawnDya Simpson

Criminal Court, New York County

The People v. Lemons, 2015NY078026

Contact Via Instagram Violates Protection Order; Dismissal on Facial Insufficiency Denied

2015NY078026
Judge Steven Statsinger

Supreme Court, New York County, Part 46

Thomas v. N.Y. City Department of Education, 100905/2014

Challenge to Use of Federal Funds Under NCLB Dismissed as No Private Right of Action Provided

100905/2014
Justice Lucy Billings

New York State, Court of Appeals

In the Matter of Kenneth Cole Productions, Inc., Shareholder Litigation, No. 54

Delaware Standard of Review Applied to Going-Private Merger, Kenneth Cole's Bid to Control Company Upheld

No. 54
Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur. Chief Judge DiFiore took no part.

Appellate Division, Third Department

New York State United Teachers v. State of New York, 521358

Panel Upholds Legality of Local Property Tax Cap

521358
Before: McCarthy, J.P., Garry, Lynch, Devine and Clark, JJ.

Supreme Court, Suffolk County, Part XL

People v. Robert Macedonio, SCI-3240/2008

Newsday Wins Bid for Access to Lawyer's Sealed Plea

SCI-3240/2008
Acting Justice James Hudson

Appellate Term, Second Judicial Department

TAMEKA STEPHENSON, res, v. 305 REALTY NY, LLC AND PINNACLE MANAGEMENT, app

2014-2442 K C. TAMEKA STEPHENSON, res, v. 305 REALTY NY, LLC AND PINNACLE MANAGEMENT, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered March 18, 2014, and an order of the same court (Ingrid Joseph, J.) entered September 29, 2014. The order entered March 18, 2014 denied defendants' motion to vacate a default judgment and dismiss the complaint. The order entered September 29, 2014, insofar as appealed from, upon, in effect, reargument and renewal, adhered to the prior determination.

2014-2442 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF GLENNS SMITH, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2014-2137 K C. PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF GLENNS SMITH, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered July 8, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.

2014-2137 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CHRISTINE M. TUMMINELLO, app

2012-1005 N CR. THE PEOPLE, res, v. CHRISTINE M. TUMMINELLO, app — Appeal from judgments of the District Court of Nassau County, First District (Susan T. Kluewer, J.), rendered March 26, 2012. The judgments convicted defendant, upon jury verdicts, of assault in the third degree, criminal contempt in the second degree, and endangering the welfare of a child, respectively.

2012-1005 N CR
: Marano, P.J., Iannacci and Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. DARREN ATKINS, app

2013-2279 D CR. THE PEOPLE, res, v. DARREN ATKINS, app — Appeal from a judgment of the City Court of Beacon, Dutchess County (Timothy G. Pagones, J.), rendered October 10, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree.

2013-2279 D CR
: Iannacci, J.P., and Tolbert, J.

Appellate Term, Second Judicial Department

MICHAEL LOWNEY AND RUTH LOWNEY, res, v. LENORE ARCE, app

2014-1909 RI C. MICHAEL LOWNEY AND RUTH LOWNEY, res, v. LENORE ARCE, app — Appeal from an order of the Civil Court of the City of New York, Richmond County (Orlando Marrazzo, Jr., J.), entered April 24, 2014. The order denied defendant's motion to open her default.

2014-1909 RI C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

METROPOLITAN DIAGNOSTIC MEDICAL CARE, P.C., AS ASSIGNEE OF ANSEL LESLIE, app, v. AMERICAN TRANSIT INSURANCE COMPANY, res

2014-2033 K C. METROPOLITAN DIAGNOSTIC MEDICAL CARE, P.C., AS ASSIGNEE OF ANSEL LESLIE, app, v. AMERICAN TRANSIT INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered August 12, 2014. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.

2014-2033 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THOMAS TIERNEY, app, v. HOME DEPOT U.S.A. AND PAUL SCHAPPERT, res

2014-1908 S C. THOMAS TIERNEY, app, v. HOME DEPOT U.S.A. AND PAUL SCHAPPERT, res — Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated July 10, 2014. The order granted defendants' motion for summary judgment dismissing the action.

2014-1908 S C
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF JENNIFER DONOFRIO, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2014-1991 K C. PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF JENNIFER DONOFRIO, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered July 7, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.

2014-1991 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF MAKSIM CELA, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2014-2138 K C. PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF MAKSIM CELA, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered August 8, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.

2014-2138 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

KAMLESH BULSARA, res, v. KHODER CHAMI, app

2014-1465 N C. KAMLESH BULSARA, res, v. KHODER CHAMI, app — Appeal from a judgment of the District Court of Nassau County, Second District (Joy M. Watson, J.), entered December 9, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,300.

2014-1465 N C
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF JENNIFER KRANWINKEL, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2014-2170 K C. PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF JENNIFER KRANWINKEL, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered July 29, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.

2014-2170 K C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. TYRONE R. ADAMS, app

2012-1294 W CR. THE PEOPLE, res, v. TYRONE R. ADAMS, app — Appeal from a judgment of the Justice Court of the Village of Sleepy Hollow, Westchester County (Andres J. Valdespino, J.), rendered March 26, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree.

2012-1294 W CR
: Iannacci, J.P., and Tolbert, J.

Appellate Term, Second Judicial Department

THE PEOPLE, v. MORRISON, RUSHEED

2015-2575 Q CR. THE PEOPLE, v. MORRISON, RUSHEED — 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 October 20, 2015, as a poor person, and for the assignment of counsel.

2015-2575 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

44th STREET PHOTO, INC., res, v. ADAM C. ABRAMS, app

2014-2733 S C. 44th STREET PHOTO, INC., res, v. ADAM C. ABRAMS, app — Appeal from a judgment of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), entered May 6, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000 and dismissed defendant's counterclaims.

2014-2733 S C
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

ALAN J. PORTO, res, v. ROBERT S. PORTO, app

2014-2715 Q C. ALAN J. PORTO, res, v. ROBERT S. PORTO, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered September 18, 2014. The order denied defendant's motion to vacate an arbitrator's award, and, in effect, the judgment that was entered pursuant thereto.

2014-2715 Q C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

BERNARD SKELLY, app, v. FORD LINCOLN OF QUEENS BLVD., res

2015-366 Q C. BERNARD SKELLY, app, v. FORD LINCOLN OF QUEENS BLVD., res — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered June 5, 2014. The judgment, after a nonjury trial, dismissed the action.

2015-366 Q C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

GAETANO TARDUNGO AND MARIA MULE TARDUNGO, res, v. MEHRAN ARIAN, app

2015-318 Q C. GAETANO TARDUNGO AND MARIA MULE TARDUNGO, res, v. MEHRAN ARIAN, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered December 16, 2014. The order denied defendant's motion to vacate a default judgment.

2015-318 Q C
: Elliot, J.P., Weston and Solomon, JJ.

Appellate Term, Second Judicial Department

JASON REALTY ASSOC., LLC, v. LYONS

2015-1772 K C. JASON REALTY ASSOC., LLC, v. LYONS — Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Kings County, dated July 20, 2015, to direct the release of funds on deposit.

2015-1772 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. KIRAN BANKUPALLY, app

2014-1046 N CR. THE PEOPLE, res, v. KIRAN BANKUPALLY, app — Appeal from judgments of the City Court of Long Beach, Nassau County (Frank D. DiKranis, J. at trial; Robert G. Bogle, J., at sentencing), rendered April 4, 2014. The judgments convicted defendant, after a nonjury trial, of aggravated driving while intoxicated and speeding, respectively.

2014-1046 N CR
: Marano, P.J., and Garguilo, J.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. MAX S. LABAGH, app

2014-2853 OR CR. THE PEOPLE, res, v. MAX S. LABAGH, app — Appeal from a judgment of the Justice Court of the Town of Wawayanda, Orange County (Shawn R. O'Connor, J.), rendered November 14, 2014. The judgment convicted defendant, upon a jury verdict, of criminal contempt in the second degree, reckless endangerment in the second degree, criminal mischief in the fourth degree, and harassment in the second degree.

2014-2853 OR CR
: Iannacci, J.P., and Tolbert, J.

Appellate Term, Second Judicial Department

RANDY J. SCHAEFER, ESQ., AS RECEIVER OF RENTS AND PROFITS OF REAL PROPERTIES KNOWN AS AND LOCATED AT 8 JUDITH DRIVE, GREENLAWN, NEW YORK, res, v. BE4, LLC, BRUCE ENGEL AND JURELI, LLC, app

2014-390 S C; 2014-1061 S C. RANDY J. SCHAEFER, ESQ., AS RECEIVER OF RENTS AND PROFITS OF REAL PROPERTIES KNOWN AS AND LOCATED AT 8 JUDITH DRIVE, GREENLAWN, NEW YORK, res, v. BE4, LLC, BRUCE ENGEL AND JURELI, LLC, app — Appeals from (1) an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.; op 42 Misc 3d 1219[A], 2014 NY Slip Op 50099[U]), dated February 3, 2014 (appeal No. 2014-390 S C), and (2) from a judgment of the same court entered May 30, 2014, and a warrant of arrest and commitment of the same court dated May 29, 2014 (appeal No. 2014-1061 S C). The order, insofar as appealed from as limited by the briefs, granted a petition to hold BE4, LLC, Bruce Engel and Jureli, LLC in civil contempt, directed them jointly and severally to pay a fine in the principal sum of $12,989, plus attorney's fees to be determined following a subsequent application, and to transfer title to premises located at 8 Judith Drive, Greenlawn, New York, to Breen 1, LLC by February 28, 2014, failing which petitioner was authorized to enter judgment against them jointly and severally and to submit a warrant of arrest and commitment for a six-month period for Bruce Engel. The judgment awarded SilvermanAcampora, LLP, as attorneys for petitioner, the principal sum of $55,150.59. The warrant of arrest and commitment commanded the sheriff of Suffolk County to arrest Engel and commit him for a six-month period but provided that Engel could purge himself of his civil contempt by paying the $12,989 fine and attorney's fees, and by transferring title to the premises at 8 Judith Drive, Greenlawn, New York to Breen 1, LLC.

2014-390 S C; 2014-1061 S C
: Marano, P.J., and Garguilo, J.

Appellate Division, Second Department

Lester v. New York State Office of Parks, Recreation & Historic Preservation, 10863/09

Lawyer's Age Bias Suit Over Lifeguard Swimwear Is Revived

10863/09
Before: Austin, J.P., Cohen, Miller, Duffy, JJ.

Criminal Court, New York County

People v. Nicholas Lemons

Man Faces Contempt Charge for Attempted Instagram Contact

2015NY078026
Judge Steven Statsinger

Supreme Court, Bronx County, Part H92

The People v. Wilson, 3089/2014

No Basis to Allow Defense's Impeachment Questioning of Prosecution Witness, Denied

3089/2014
Justice Ralph Fabrizio

Supreme Court, Nassau County, IAS Part 38

Cohen v. Cohen

Wife's Ex-Counsel Granted So-Ordering Of Charging Lien, Denied Payment From Escrow

[Index Number Redacted by Court]
Justice Jeffrey Goodstein

Supreme Court, Queens County, IAS Part 34

Hart v. Fnu Kaiwan-Ullah, 15843/2014

Plaintiffs Raise Factual Issues on Whether They Sustained Serious Injury Under §5102(d)

15843/2014
Justice Robert McDonald

Surrogate's Court, Kings County

Estate of Coiro, 2013-3466/A

Sister's Turnover Proceeding Against Brother Not Time-Barred; Dismissal Denied

2013-3466/A
Surrogate Margarita Lopez Torres

Supreme Court, New York County, Part 82R

T.D. Bank. N.A. v. Interstate Fire Protection, Inc., 150188/15

Redactions Found 'So Extreme' Impossible To Tell if Invoices Related to Subject Litigation

150188/15
Special Referee Jeffrey Helewitz

Supreme Court, New York County, IAS Part 36

Matter of Miccoli v. W.T.

DA Denied Authorization to Speak With Committed Defendant's Doctors, Staff

[Index Number Redacted by Court]
Justice Doris Ling-Cohan

Surrogate's Court, Bronx County

Estate of Alan J Marcus

Order signed; 578P1994/G -Estate of Alan J Marcus; Order signed; 2013-63/A -Estate of Iris Abel; Decree signed; 2012-2793/A -Estate of Mao Chunfan

578P1994/G
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

PEOPLE v. SUFFRAND, JOHN

PEOPLE v. SUFFRAND, JOHN — Stipulation: "So Ordered"; withdrawn with prejudice.


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

PEOPLE v. LAMORTE, RUNGSIMA; SANTIAGO, MARISSA

PEOPLE v. LAMORTE, RUNGSIMA; SANTIAGO, MARISSA — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James Jr., Esq. Of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal ad to serve without compensation. See Order


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PEOPLE v. CONSTANTINO, ROBERT

PEOPLE v. CONSTANTINO, ROBERT — Stipulation: "So Ordered"; adjourned to the September 2016 Term of this Court.


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

MONDROW, SCOTT v. DAYS INNS WORLDWIDE, INC., ET AL

MONDROW, SCOTT v. DAYS INNS WORLDWIDE, INC., ET AL — It is Ordered that respondents' motion is denied in its entirety.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PEOPLE v. URBANO, MIGUEL

PEOPLE v. URBANO, MIGUEL — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Robert S. Dean, Esq. Of the Center for Appellate Litigation, (120 Wall Street, 28th Floor, NY, NY 10005, tel # 212 577-2523) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. See Order


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

GNANN, MARKO v. BROWN, ADAM

GNANN, MARKO v. BROWN, ADAM — Stipulation "So Ordered": Appeals are hereby withdrawn.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PEOPLE v. BAH, RAFAEL

PEOPLE v. BAH, RAFAEL — Ordered that the motion is granted to the extent of granting appellant leave to file an untimely notice of appeal. The Criminal Court Appeals Clerk is directed to file a notice of appeal on behalf of the defendant. Upon filing said notice of appeal, that branch of the motion seeking to appeal as a poor person and the assignment of counsel is granted. Seymour W. Jams Jr., Esq. Of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. See Order


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

KLYVERT, DELORES v. GOMEZ, ADAMA; HASSON, YOSEF C/O VISION PROPERTY MGMT v. JOHNSON, TINA; ALLERTON AVE ASSOCS LLC ET AL., v. NTR CORP

KLYVERT, DELORES v. GOMEZ, ADAMA; HASSON, YOSEF C/O VISION PROPERTY MGMT v. JOHNSON, TINA; ALLERTON AVE ASSOCS LLC ET AL., v. NTR CORP — Ex-parte applications are granted.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

LUBELSKI, S. & NAUMOFF, A. v. CROMAN, S. & H. ET AL.; 2 WEST 45TH LLC v. MARK TIME CORPORATION—Ex-parte application is declined

LUBELSKI, S. & NAUMOFF, A. v. CROMAN, S. & H. ET AL.; 2 WEST 45TH LLC v. MARK TIME CORPORATION—Ex-parte application is declined.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

116 JOHN STREET SUBTENANT LLC v. HAWKINS, ANDREW J. ET AL.

116 JOHN STREET SUBTENANT LLC v. HAWKINS, ANDREW J. ET AL.;


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PEOPLE v. WILLIAMSON, DAVID; HYLTON, ROSHANE; JACKSON, STEVEN

PEOPLE v. WILLIAMSON, DAVID; HYLTON, ROSHANE; JACKSON, STEVEN — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James Jr., Esq. Of the Legal Aid society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. See Order


: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

BSREP UA RIVER CROSSING LLC, pet-land-res, v. TRACY DAVIS, res-tent-app

16-125. BSREP UA RIVER CROSSING LLC, pet-land-res, v. TRACY DAVIS, res-tent-app — Final judgment (Jack Stoller, J.), entered December 22, 2014, affirmed, without costs.

16-125
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

1240 SHEVA REALTY ASSOC., LLC, pet-land-app, v. GUILLERMINIA RAMOS, res-tent-res

16-093. 1240 SHEVA REALTY ASSOC., LLC, pet-land-app, v. GUILLERMINIA RAMOS, res-tent-res — Order (Javier E. Vargas, J.), entered February 20, 2015, affirmed, with $10 costs.

16-093
: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

305 RIVERSIDE CORP., v. SANDLOW, THOMAS & JOAN NEAL

305 RIVERSIDE CORP., v. SANDLOW, THOMAS & JOAN NEAL — Stipulation "So Ordered": Appeal adjourned to the September 2016 term of the Court.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF JAKOV RONA, Deceased

ESTATE OF JAKOV RONA, Deceased (13/837/A) — Incident to her accounting in the estate of Jakov Rona, the Public Administrator requests a determination of the identity of decedent's distributees.

13/837/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MALA LANDSBERG, Deceased

ESTATE OF MALA LANDSBERG, Deceased (12/3907/B) — Incident to her accounting in the estate of Mala Landsberg, the Public Administrator requests a determination of the identity of decedent's distributees.

12/3907/B
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF FLORENCE CALLEN, Settlor

ESTATE OF FLORENCE CALLEN, Settlor (16/298) — By stipulation filed with the court on April 27, 2016, the parties agreed to a further adjournment of this matter to the court's June 7, 2016 calendar. The parties further agreed to the continuation of the restraint imposed by the court's February 17, 2016 order to show cause, as continued by the court's April 6, 2016 decision and order, until the June 7, 2016 return date. Accordingly, it is

16/298
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF JOHN PETER CLAY, Grantor

ESTATE OF JOHN PETER CLAY, Grantor (13/2732/A) — The trustees of the trust established by John Peter Clay on May 1, 2006 (as amended and restated) wish to transfer assets from the trust into an appointed trust pursuant EPTL §10-6.6(c). They ask the court for authorization pursuant to EPTL §10-6.6(n)(3) to eliminate certain provisions of the trust. Petitioners have demonstrated that the relief they seek is appropriate under the circumstances. Accordingly, the application, which is uncontested, is granted.

13/2732/A
Surrogate Anderson

Surrogate's Court, Bronx County

Estate of Alan J Marcus

Order signed; 578P1994/F -Estate of Alan J Marcus; Order signed; 81G1998/A -Estate of Christopher Joseph Amato

578P1994/F
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Herminia Andres

Order signed; 2014-1837/A -Estate of Herminia Andres; Decree signed; 2015-2839 -Estate of Margaret Johnson; Decree signed; 2015-1287 -Estate of Yosef Ben-Jochannah

2014-1837/A
Surrogate Thompson

Surrogate's Court, Bronx County

Estate of Joseph Walters

Order signed; 2016-183 -Estate of Joseph Walters; Order signed; 514P2007/D -Estate of Irving Bernstein; Decree signed; 2015-2121 -Estate of Ida Goldstein; Decree signed; 2016-707 -Estate of John McDermott; Decree signed; 2014-2749/B -Estate of Juan Guerra Moreno; Decree signed; 2015-2760 -Estate of Eleanor Salese; Decree signed; 2016-321 -Estate of Pamela Mason; Decree signed; 2014-2449/A -Estate of Alfredo Forbes; Decree signed; 2015-1414 -Estate of John O'Connor

2016-183
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Doris Davis

Order signed; 2011-1991/B -Estate of Doris Davis; Order signed; 2011-1340/A -Estate of Thomas E Haugh; Decree signed; 2015-2717 -Estate of Maria Medina; Decree signed; 2016-394 -Estate of Iviola Hippolyte; Decree signed; 2015-2057 -Estate of David Lopez; Decree signed; 2015-2670 -Estate of Frank Graziano; Decree signed; 2016-628 -Estate of Elias Feuerstein; Decree signed; 2015-1922 -Estate of Virginia Mells; Decree signed; 2015-2454 -Estate of Austin Simon; Decree signed; 2015-2484 -Estate of Robert McClean; Decree signed; 2013-945 -Estate of Mary Gribb; Decree signed; 2016-332/A -Estate of Louis Alexy; Decree signed; 2016-32 -Estate of James McGuinness

2011-1991/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Shirley Grossman

Order signed; 2015-205/A -Estate of Shirley Grossman; Decree signed; 2016-738 -Estate of Rosalind Delores Zeigler; Decree signed; 2014-2300/A -Estate of Violeta L Taft; Decree signed; 2016-557 -Estate of Ronald Gouldman; Decree signed; 2016-630 -Estate of Susan Brown; Decree signed; 2016-192/A -Estate of Sonia A Gayle Clarke

2015-205/A
Surrogate Thompson

Surrogate's Court, Bronx County

Guardianship of Joseph Manuel Gonzalez

Decree signed; 2010-2436 -Guardianship of Joseph Manuel Gonzalez

2010-2436
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Ruth Alston

Order signed; 2015-1336/B -Estate of Ruth Alston; Decree signed; 2014-229/A -Estate of Juana Castillo

2015-1336/B
Surrogate Thompson

New York State, Court of Appeals

Jiannaras v. Alfant, No. 64

Google and On2 Technologies Proposed Merger Not in Best Interests of Out-of-State Class Members

No. 64
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Millennium Holdings v. The Glidden Company, No. 38

No. 38
Chief Judge DiFiore and Judges Pigott, Rivera, Stein and Fahey concur. Judge Garcia took no part.

New York State, Court of Appeals

Highbridge Broadway v. City of Schenectady, No. 49

No. 49
Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur. Judge Stein dissents and votes to affirm in an opinion.

New York State, Court of Appeals

People v. Andre Harrison, Appellant, No. 60 and People v. Marino Serrano, No. 61

No. 60, No. 61
Case No. 60: Chief Judge DiFiore and Judges Pigott, Abdus-Salaam, Stein and Garcia concur. Judge Rivera dissents in an opinion. Case No. 61: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Garcia concur, Judge Rivera in a concurring opinion.

New York State, Court of Appeals

Sherman v. NYS Thruway Authority, No. 56

No. 56
Judge Rivera dissents in an opinion in which Judges Abdus-Salaam and Fahey concur.

New York State, Court of Appeals

Castiglione v. Kruse, No. 124

No. 124 SSM 7
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Supreme Court, New York County

Matter of Miccoli v. W.T., [Index Number Redacted by Court]

[Index Number Redacted by Court]
Judge Doris Ling-Cohan

Supreme Court, Warren County

Prutzman v. Albany Medical Center Hospital, 60046

Protective Order Granted Against Defendants' Demands For Identifying Expert Information

60046
Justice Robert Muller

District Court, Nassau County, Civil Part 3

Portfolio Recovery Associates, LLC v. Guzman, CV-044078-09

Vacatur of Default Judgments, Discontinuance Actions Adjourned for Supplemental Affidavits

CV-044078-09
Judge Ignatius Muscarella

Supreme Court, Queens County, IA Part 36

Diggs v. Oscar De La Renta, LLC, 16175/12

Ex-Employee's Counsel Granted Attorney Fees But With 50% Across-The-Board Reduction

16175/12
Justice Diccia Pineda-Kirwan

Supreme Court, New York County, IAS Part 33

Matter of C.F. v. N.Y. City Housing Authority, 100580-2015

Tenant Denied Leave to Renew Order Denying Her Application to Re-Open Her Default

100580-2015
Justice Alexander Hunter

Supreme Court, New York County, Part 22

Tavarez v. Maxwell Plumb Mechanical Corp., 152556/13

Defendants Denied Partial Summary Judgment Dismissing Mother's Zone-of-Danger Claims

152556/13
Justice Arlene Bluth

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

Family Foot Center v. Gioeli, 2014-2321 Q C

Panel Reverses Order, Grants Dismissal Of Motion Asserted Against Defendant

2014-2321 Q C
Before: Pesce, P.J., Weston and Aliotta, JJ.

Surrogate's Court, New York County

ESTATE OF JANET COIRO, A/K/A JANET ANN COIRO, Deceased

ESTATE OF JANET COIRO, A/K/A JANET ANN COIRO, Deceased (13/3466/A) — On January 13, 2016, Joseph Coiro (the respondent) filed the instant motion seeking dismissal of the petition filed pursuant to SCPA §2104 by Debra Arrao (the petitioner), which seeks turnover of certain assets alleged to belong to the estate of Janet Coiro, a/k/a Janet Ann Coiro (the decedent). The petitioner filed an affirmation in opposition on March 3, 2016, and the respondent filed a reply in support of the instant motion on March 8, 2016.

13/3466/A
Surrogate Torres

Appellate Term, First Judicial Department

HOPE FOUNDERS, pet-land-res, v. GWENETH WILLIAMS, res-tent-app

16-002. HOPE FOUNDERS, pet-land-res, v. GWENETH WILLIAMS, res-tent-app Order (Phyllis K. Saxe, J.), dated February 5, 2015, affirmed, without costs.

16-002
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

EAST 17TH LLC, pet-land-res, v. KELLY MCCUSKER, res-tent-app

15-369/370. EAST 17TH LLC, pet-land-res, v. KELLY MCCUSKER, res-tent-app — Judgment (Brenda S. Spears, J.), entered December 1, 2014, reversed, with $30 costs, tenant's counterclaims for rent overcharges and attorneys' fees reinstated, and matter remanded to Civil Court for further proceedings consistent with this decision. Appeal from order (Brenda S. Spears, J.), dated October 2, 2014, dismissed, without costs, as subsumed in the appeal from the judgment.

15-369/370
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

MAUTNER-GLICK CORP.; 307 EAST 77 LLC v. MANKO, LIUBA; CUSHMAN & WAKEFIELD v. ZIERING, ROBBIN; LRH CLAY MGMT INC., v. DOUCE, OLIVER; NEW FRONTIERS II L.P. v. MALDANADO, RAFAEL — Ex-parte applications are declined.

MAUTNER-GLICK CORP.; 307 EAST 77 LLC v. MANKO, LIUBA; CUSHMAN & WAKEFIELD v. ZIERING, ROBBIN; LRH CLAY MGMT INC., v. DOUCE, OLIVER; NEW FRONTIERS II L.P. v. MALDANADO, RAFAEL — Ex-parte applications are declined.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

335-7 LLC v. STEELE, TRACY

335-7 LLC v. STEELE, TRACY — It is Ordered that the motion and cross-motion are consolidated for disposition.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. JOEL TAVAREZ, def-app

14-095. THE PEOPLE, res, v. JOEL TAVAREZ, def-app — Judgment of conviction (Erika M. Edwards, J.), rendered June 10, 2013, affirmed.

14-095
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

261 WEST REALTY CO., v. KEVIN JOHNN STUDIO, LLC

261 WEST REALTY CO., v. KEVIN JOHNN STUDIO, LLC, — It is Ordered that said application, pursuant to CPLR §5704(b), is granted to the extent of vacating the stay of the enforcement of the warrant of eviction, contained in the Order to Show Cause returnable on May 16, 2016, and striking the Order to Show Cause from the Civil Court calendar. The warrant of eviction may be executed after personal service of a copy of this order upon Kevin Johnn Studio, LLC, 257-261 West 38th Street, 5th Floor Front, New York, New York, 10018, and counsel for respondenttenant Green & Cohen, P.C., 319 East 91st Street, Basement, New York, New York, 10128, and filing proof thereof with the Clerk of the Civil Court.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MANLEY LAUNDROMAT INC., pet-res, v. SU GUI WU, res-app

16-114. MANLEY LAUNDROMAT INC., pet-res, v. SU GUI WU, res-app — Final judgment (Sabrina B. Kraus, J.), entered on or about July 1, 2015, affirmed, with $25 costs.

16-114
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

SHERIDAN ONE COMPANY, LLC, v. LABREW, LAWRENCE P.

SHERIDAN ONE COMPANY, LLC, v. LABREW, LAWRENCE P. — It is Ordered that the motion and cross motion are consolidated for disposition.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

HARRISON HILLS 55 LLC, pet-land-res, v. VALERIE MULLIGAN, res-tent-app

16-182. HARRISON HILLS 55 LLC, pet-land-res, v. VALERIE MULLIGAN, res-tent-app — Order (Kevin C. McClanahan, J.), dated October 6, 2015, modified to permanently stay execution of the warrant of eviction; as modified, order affirmed, without costs.

16-182
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

135 W. 13, LLC, pet-landapp, v. JUDITH STOLLERMAN AND DANIELLE M. SANDOW, res-tent-res

16-067/068. 135 W. 13, LLC, pet-landapp, v. JUDITH STOLLERMAN AND DANIELLE M. SANDOW, res-tent-res — Final judgment (Sheldon J. Halprin, J.), entered on or about December 10, 2012, reversed, with $30 costs, and final judgment of possession granted in favor of landlord on the holdover petition.

16-067/068
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Division, First Department

Myers v. Schneiderman, 151162/15

Panel Refuses to Legalize 'Aid in Dying' Procedures

151162/15
Before: Mazzarelli, J.P., Renwick, Manzanet-Daniels, Kapnick, JJ.

Appellate Division, Fourth Department

People v. Tyrel Rivers, KA 13-02198

New Trial Is Ordered After Selective Readback

KA 13-02198
Before: Smith, J.P., DeJoseph, Nemoyer, Troutman, and Scudder, JJ.

Civil Court, Kings County, Housing Part A

Sun v. Capies, 73891/15, NYLJ 1202756466562

Owner's Failure to Comply With RPAPL §1305 Grants Tenants Restoration to Tenancy

73891/15
Judge Jose Rodriguez

Appellate Division, Fourth Department

People v. Jose Gomez, KA 05-02660

Defendant Made to Wear Stun Belt Gets New Trial

KA 05-02660
Before: Centra, J.P., Carni, DeJoseph, Curran, and Scudder, JJ.

Appellate Division, First Department

People v. Ricardo Moya, 4936/10

Ex Parte Meeting Prompts Panel to Order New Trial

4936/10
Before: Mazzarelli, J.P., Acosta, Andrias, Richter, JJ.

District Court, Nassau County, Civil Part 3

Palisades Aquisition XVI, LLC, Plaintiff(s) v. Frank Bisz, Defendant(s), CV-020784-09

CV-020784-09
Judge Ignatius Muscarella

District Court, Nassau County, L&T Part

Robles v. Margaritis, LT-005239-15

Parties' Lack of Privity of Contract, Estate Requires Dismissal of Non-Payment Action

LT-005239-15
Judge Scott Fairgrieve

Civil Court, Queens County, Housing Part B

QPII-109-05 120 Street LLC v. Massingale, 78813/15

Employee's Motion to Stay Holdover During Pendency of HRC Proceeding Granted

78813/15
Judge Clifton Nembhard

Civil Court, New York County, Part H

Yashar Foundation Inc. v. Schwatzman, 85579/15

Non-Profit Denied Summary Judgment In Holdover to Recover Possession for Own Use

85579/15
Judge Michelle Schreiber

Supreme Court, New York County, Part 55

Tomic v. 92 East LLC, 151152/2015

Tenants Granted Renewal, Found Entitled To Summary Judgment in Overcharges Suit

151152/2015
Justice Cynthia Kern

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

Chateau Owners Corp. v. Monahan, 2013-2444 Q C

Divided Panel Reverses Order That Awarded Coop Possession in Summary Holdover Suit

2013-2444 Q C
Before: Michael, Pesce, P.J., Weston and Solomon, JJ.

New York State, Court of Appeals

People v. Tyrone Manor, No. 62

No. 62
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, 
Stein and Garcia concur. Judge Fahey took no part.

New York State, Court of Appeals

Matter of Viking Pump, No. 59

No. 59
Opinion by Judge Stein. Chief Judge DiFiore and Judges Pigott, 
Rivera, Abdus-Salaam and Fahey concur. Judge Garcia took no part.

New York State, Court of Appeals

Finerty v. Abex, No. 1

No. 1
Chief Judge DiFiore and Judges Abdus-Salaam, Stein, Fahey 
and Garcia concur. Judge Rivera took no part.

New York State, Court of Appeals

Beck Chevrolet. v. GM, No.48

GM Sales Formula for Dealers Violates NY Law, Ruling Says

No. 48
Chief Judge DiFiore and Judges Abdus-Salaam, Stein and Fahey concur. Judge Pigott dissents in part in an opinion. 
Judge Garcia took no part.

New York State, Court of Appeals

People v. Quanaparker Howard, No. 65

No. 65
Judges Pigott, Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Rivera dissents in an opinion.

New York State, Court of Appeals

People v. Joel Joseph, No. 67

No. 67
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Elliot Parrilla, No. 99

Strict Liability Applied to Gravity Knife Possession

No. 99
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

New York State, Court of Appeals

Flo & Eddie v. Sirius XM, No. 124

No. 124
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Supreme Court, New York County, Part 31

Jackson K. v. Parisa G., 300957/15

Wife's Motion to Dismiss Complaint Alleging Parties' Marriage Valid Absent Certificate Denied

300957/15
Justice Laura Drager

Appellate Division, Third Department

Matter of Hawkins v. New York State Department of Corrections and Community Supervision, 521536

Age at Time of Crime Must Be Weighed by Parole, Panel Says

521536
Before: McCarthy, J.P., Egan Jr., Rose and Lynch, JJ., Garry, J.

Supreme Court, Kings County, At Term Comm-11

Delfasco v. Powell, 502539/2015

Employee's Connection to NY Through Employer Does Not Satisfy 'Minimum Contacts' Analysis

502539/2015
Justice Sylvia Ash

Supreme Court, Richmond County, DCM Part 6

Hernandez v. Asoli, 150656/12

Workers' Compensation Law Precludes Employee's Negligence Suit Against Employers

150656/12
Justice Philip Minardo

Supreme Court, Kings County, Part 9

Scuteri v. 7318 13th Ave. Corp., 502333/13

Evidence Insufficient to Show Alleged Defect Trivial, Non-Actionable Against Property Owners

502333/13
Justice Debra Silber

Civil Court, Bronx County, Part 40

Big Apple Ortho Medical Supply, Inc. v. Allstate Ins. Co., 3141/2011

Insurer's Reliance on CPLR 5019(a) to Modify Judgment Misplaced, No Clerical Error Shown

3141/2011
Judge Shawn Kelly

Supreme Court, New York County, Part 5

Cannon v. N.Y. City Police Dept., 107033/05

NYPD Granted Dismissal of Now-Retired Ex-Employee's Age Discrimination Complaint

107033/05
Justice Lynn Kotler

Appellate Term, 9th & 10th Judicial Districts

The People v. Carron, 2014-679 S CR

Refusal to Take Breath Test at Arrest Scene Not Cognizable Offense; Conviction Reversed

2014-679 S CR
Before: Iannacci, J.P., and Tolbert, J.

Surrogate's Court, Richmond County

Christine Marie Tomes

Matter of: Christine Marie Tomes; Julie Ann Tomes; Alexxa Mershon; Ali Bilal Elcharfa; Anthony S. Derosa; Zack J. Benasillo


Surrogate Robert J. Gigante

Surrogate's Court, Richmond County

Ronald Cohen

Matter of: Ronald Cohen; Clinton Abrams; Willie Williams; Peter Discenza; Thomas P. Kelly (2 Orders); Edward J. Amann, Jr.; Betty Keshinover; Aniya-Christina S. Williams; Beverly R. Neuhaus; Clare Rich


Surrogate Robert J. Gigante

Surrogate's Court, Richmond County

John J. Tricarico

Matter of: John J. Tricarico; Frank Capeci; Lillie Golden; Loretta Benneche; Christal Canecchio; Elissa W. Harwood; Anne Hannan; Maureen Riff; Stanley F. Marshall; Diep Pierce; Brenda Quartara; Jayeola Fetuga; Diego Fernando Vega; Giacomo Loiacono; Palmira Beattie; Thomas Mooney; Sylvester A. Aquino


Surrogate Robert J. Gigante

New York State, Court of Appeals

People v. Sean John, No. 29

"Surrogate" Witnesses With General Knowledge of Testing Procedures Prohibited, Analyst Linking DNA to Defendant Must Testify

No. 29
Judges Rivera, Stein and Fahey concur. Judge Garcia dissents and votes to affirm in an opinion in which Judges Pigott and Abdus-Salaam concur.

Appellate Division, First Department

Garthon Business v. Stein, 653715/14

Panel Finds NY, Not London, Is Proper Forum for Dispute

653715/14
Before: Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels, Gische, JJ.

Appellate Division, Second Department

People v. Maureen Flowers, 13-00863

13-00863
Before: Mastro, J.P., Dickerson, Hall, Sgroi, JJ.

Appellate Division, Second Department

Citibank v. Abraham, 101265/10

101265/10
Before: Balkin, J.P., Austin, Miller, Hinds-Radix, JJ.

Appellate Division, First Department

Klupchak v. First East Village Associates, 110617/09

Vertical Ladder Fire Escape Where Student Fell Ruled Illegal

110617/09
Before: Tom, J.P., Acosta, Moskowitz, Gische, JJ.

Supreme Court, Kings County, Criminal Term Part 24

The People v. Simon, 7811/2014

Court Finds Officers' Testimony Not Credible, 'Mapp', 'Dunaway' Suppression Motion Granted

7811/2014
Justice ShawnDya Simpson

District Court, Nassau County, Criminal Term Part 8

The People v. Vezza, 2014NA025882

Statements in Custody Likely to Elicit Response To Be Used Against Defendant Suppressed

2014NA025882
Judge Andrew Engel

Family Court, Kings County

Matter of Jonathan C. v. Iaishia Q. T., F-18212-2009

Vacatur of Order of Filiation Motion Held In Abeyance Pending Estoppel Hearing

F-18212-2009
Judge Javier Vargas

Family Court, Bronx County, Part 2

Matter of Julissa P., NN-18156/15

Aid of Court Remained Necessary; ACS Denied Withdrawal of Neglect Petition

NN-18156/15
Judge Alma Gomez

Appellate Term, 9th & 10th Judicial Districts

The People v. Frankel, 2014-583 N CR

Defendant Lacks Standing to Challenge Money's Seizure; Order Reversed, Suppression Denied

2014-583 N CR
Before: Marano, P.J., Tolbert and Garguilo, JJ.

Supreme Court, Erie County

HealthNow New York, Inc., Plaintiff and Counterclaim-Defendant v. Meridian Technologies, Inc., Defendant and Counterclaim-Plaintiff, Systems Personnel, Inc., Defendant, 601748-2011

Health Insurer's Breach Complaint Dismissed For Failure to Provide IT Services Firm With Notice of Deficiency, Opportunity to Cure; IT Services Firm Entitled to Judgment on Its Unpaid Invoices

601748-2011
Justice Henry Nowak

Appellate Division, First Department

Quintavalle v. Perez, 303665/14

Panel Finds No Comparative Negligence for Injured Pedestrian

303665/14
Before: Friedman, J.P., Sweeny Jr., Saxe, Richter, Kahn, JJ.

Family Court, Queens County

Matter of Arturo R., D-6356/06

Sealing Record of Prior Juvenile Delinquency Proceeding Granted in Interest of Justice

D-6356/06
Judge John Hunt

Civil Court, Queens County, Small Claims Part

Nieves v. City of N.Y., 2785/2015

Nothing in Facts Indicate Property Damage Exceeded Reasonable Search by Police

2785/2015
Arbitrator Dale Frederick

Supreme Court, Queens County, Criminal Term, Part TAP-A

The People v. Bacquie, 896-2014

Defendant Errs in Relying on 'Sibblies'; Dismissal Denied, §30.30 Time Not Exceeded

896-2014
Justice Barry Kron

Surrogate's Court, Bronx County

Estate of Sheahan, 2013-1578/B/C

Brother's Cross-Petition for Stay, Letters Struck Unless Bond Filed for Discovery to Proceed

2013-1578/B/C
Surrogate Nelida Malave-Gonzalez

Criminal Court, New York County, Part E

The People v. Sanchez, 2015NY040890

Prosecutors, Defense Incorrectly Calculate Chargeable Time Under CPL §30.30

2015NY040890
Judge Guy Mitchell

Appellate Term, 9th & 10th Judicial Districts

The People v. Lawrence, 2014-1618 S CR

Verdict Conviction for Endangering Welfare Of Child Against Weight of Evidence, Reversed

2014-1618 S CR
Before: Marano, P.J., Iannacci and Garguilo, JJ.

Surrogate's Court, New York County

ESTATE OF ROBERT A. KOEPPEL, Deceased

ESTATE OF ROBERT A. KOEPPEL, Deceased (96/4098/C) — In the context of a proceeding commenced by former counsel to William Koeppel seeking to hold him in contempt for violating certain orders of this court, the petitioning law firms have moved by Order to Show Cause to compel two attorneys and a law firm to produce documents requested by subpoena. One of the attorneys from whom documents are sought is Koeppel's current counsel. The other attorney and the law firm on whom the subpoenas were served previously represented Koeppel at the time the subject orders were issued.

96/4098/C
Surrogate Mella

Appellate Term, Second Judicial Department

PEOPLE v. AGUILAR, MISAEL

2016-355 Q CR. PEOPLE v. AGUILAR, MISAEL — 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 January 12, 2016, as a poor person, and for the assignment of counsel.

2016-355 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. PARKER, JOSHUA

2016-360 RI CR. PEOPLE v. PARKER, JOSHUA — 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 January 15, 2016, as a poor person, and for the assignment of counsel.

2016-360 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-00438 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated January 2, 2013, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 29, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendant-appellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Settlement & Discontinuance originally dated December 3, 2012, then re-dated December 16, 2014, nearly 16 months before it was placed on the Appellate Term calendar for oral argument,

2014-00438 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

WEINSTEIN v. CADMAN TOWERS, INC.

2014-1218 K C. WEINSTEIN v. CADMAN TOWERS, INC. — Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 17, 2014. In an order dated September 5, 2014, the Surrogate's Court, Kings County, found that letters of administration had been issued to Raymond M. Weinstein solely for the purpose of continuing a proceeding before the New York State Division of Human Rights, and that the limited letters of administration that had been issued to Raymond M. Weinstein had been revoked.

2014-1218 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-436 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated January 2, 2013, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 29, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendant-appellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Settlement & Discontinuance originally dated December 3, 2012, then re-dated December 16, 2014, nearly 16 months before it was placed on the Appellate Term calendar for oral argument,

2014-436 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BRADLEY, TYRIC

2015-1587 K CR. PEOPLE v. BRADLEY, TYRIC — Motion by Seymour W. James, Jr., 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 June 9, 2015, to be relieved of representing appellant on the appeal and to have other counsel substituted.

2015-1587 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. WALKER, TERRANCE

2016-354 Q CR. PEOPLE v. WALKER, TERRANCE — 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 January 12, 2016, as a poor person, and for the assignment of counsel.

2016-354 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DELMAN, LLC v. OZCAN

2015-1367 K C. DELMAN, LLC v. OZCAN — Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015. The order denied appellant's motion, in effect, to stay the execution of the warrant in a nonpayment summary proceeding. Appellant has submitted undisputed proof that a new lease was executed effective June 1, 2015.

2015-1367 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO.

2014-435 K C. FAMILY MEDICAL PRACTICE, P.C. A/A/O JEANITE v. PRAETORIAN INS. CO. — Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated December 20, 2012, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 30, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendantappellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Discontinuance dated December 3, 2012, more than 3 years and four months before it was placed on the Appellate Term calendar for oral argument,

2014-435 K C
: Weston, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

GAETANE PHYSICAL THERAPY, P.C., A/A/O DELVA v. KEMPER AUTO & HOME INS. CO.

2014-936 K C. GAETANE PHYSICAL THERAPY, P.C., A/A/O DELVA v. KEMPER AUTO & HOME INS. CO. — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 27, 2013, which was determined by decision and order of this court dated March 1, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2014-936 K C
: Pesce, P.J., Weston, Solomon, JJ.

Surrogate's Court, New York County

ESTATE OF RAFAEL ALVAREZ, Deceased

ESTATE OF RAFAEL ALVAREZ, Deceased (09/0275) — The compromise of causes of action for decedent's wrongful death and conscious pain and suffering was approved, and the attorney's fees and disbursements were fixed and determined, by order of the Supreme Court, New York County. The Supreme Court also approved a payment to the New York City Department of Social Services/Human Resources Administration in the amount of $2,527.37 in full satisfaction of its Medicaid claim against decedent's estate for benefits furnished to decedent.

09/0275
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF DAVID M. CAHN, Deceased

ESTATE OF DAVID M. CAHN, Deceased (16/850) — In this uncontested probate proceeding, the court is presented with a paper writing purporting to be decedent's last will and testament, executed on December 16, 1980. There is no selfproving affidavit accompanying the document, but proponent, decedent's surviving spouse, has established that the propounded instrument was executed under the supervision of a lawyer. Proponent was unable, however, to locate either of the attesting witnesses.

16/850
Surrogate Anderson