State Court Decisions

Surrogate's Court, Chautauqua County

Proceeding for the Appointment of a Guardian for L.S., 2016-178

Public Defender Assigned to Represent Disabled, Indigent Person in Guardianship Proceeding

2016-178
Surrogate Stephen Cass

Appellate Division, Fourth Department

The People v. Helms, KA 13-00647

Divided Panel Vacates Sentence; Georgia Burglary Conviction Cannot be Predicate

KA 13-00647
Before: Presiding Justice Nancy Smith, Centra, Dejoseph, Curran, and Scudder, JJ.

Supreme Court, Franklin County

Matter of Howell v. Stanford, 2015-0945

Refusal to Enter Williard Program, Violation Of Conditions; Dismissal of Petition Denied

2015-0945
Justice Peter Feldstein

Supreme Court, Warren County

Creditone, LLC v. Wilson, 56695

Conclusory Denials of Service Fail to Rebut Presumption of Service; Default Denied Vacatur

56695
Justice Robert Muller

Surrogate's Court, Albany County

Matter of Cropsey, 2015-1077/A

Decedent's Capacity in Executing Will Called Into Question, Court Declines to Probate

2015-1077/A
Surrogate Stacy Pettit

Surrogate's Court, New York County

Estate of Cowell, 2009-1355/B

Succession Rights Through Biological Parents Ended After Adoption; Brother Not Distributee

2009-1355/B
Surrogate Rita Mella

Supreme Court, New York County, Part 50

Matter of Boone v. NYC Department of Education, 100633/2015

Theft Can’t Block Hiring of Bus Attendant, Judge Says

100633/2015
Justice Peter Moulton

Appellate Division, First Department

Morgan v. Worldview Entertainment Holdings, 652323/14

Panel Upholds Claim for Breach in 'Birdman' Suit

652323/14
Before: Tom, J.P., Mazzarelli, Manzanet-Daniels, Kapnick, Kahn, JJ.

Appellate Division, First Department

City Club of New York v. Hudson River Park Trust, 101068/15

Panel Allows Work to Start on Pier 55 Project in NYC

101068/15
Before: Mazzarelli, J.P., Friedman, Andrias, Webber, Gesmer, J.

Appellate Division, First Department

People v. Ricardo Jimenez, 3825/06

Court Reopens 1989 'Batman' Murder to Probe Brady Issue

3825/06
Before: Mazzarelli, J.P., Acosta, Moskowitz, Richter, JJ.

Supreme Court, St. Lawrence County

Warner v. Kain, 143469

Failure to Follow CPLR 1003 Constitutes Fatal Procedural Defect, Warrants Dismissal

143469
Justice Robert Muller

District Court, Suffolk County

The People v. McQuilkin, 2015 SU 052548

Depositions Sufficient to Support Violation Of Stay Away Provision in Protection Order

2015 SU 052548
Judge Karen Wilutis

Criminal Court, Queens County

The People v. Nieves, 2016QN009031

Defendant Requested Counsel Before Refusing Chemical Test; Refusal Suppression Granted

2016QN009031
Judge Althea Drysdale

Supreme Court, New York County, Part N

The People v. Mills, 5432/2015

Entry Into JDP Without Guilty Plea Denied, Exceptional Circumstances Not Found

5432/2015
Justice Richard Weinberg

Appellate Term, 9th & 10th Judicial Districts

Marotta v. Au, 2015-599 S C

Panel Rejects Trespass Theory, Found No Basis To Impose Liability for Bamboo Incursion

2015-599 S C
Before: Marano, P.J., Garguilo and Brands, JJ.

Surrogate's Court, Bronx County

ESTATE OF ALAN MARCUS, Deceased

ESTATE OF ALAN MARCUS, Deceased (94/G 578 P) — In this contested accounting proceeding, the court declines to entertain the order to show cause presented by the objectant seeking to compel the trustee to appear for a deposition pursuant to a subpoena ad testificandum, as the relief sought will be rendered academic upon the appointment of a Special Referee to oversee discovery. Although discovery in this proceeding is not stayed, the court previously determined, inter alia, that all discovery disputes are to be determined by a Special Referee to be appointed by the court. By letter dated June 23, 2016, the court submitted a proposed Special Referee to the parties and awaits their consent to same to ensure no conflicts of interest; in the alternative, the court awaits the parties' proposals for a different Special Referee. Once the Special Referee is appointed, discovery is to proceed, and all disputes will be resolved by the Special Referee, rendering applications like the instant order to show cause, academic.

94/G 578 P
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

Park Right Corp., v. Stone, A. & J.

570478/16. Park Right Corp., v. Stone, A. & J.

570478/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Copeland, Jamel

570431/16. People v. Copeland, Jamel

570431/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. McGowan, Matthew

570479/16. Park Right Corp., v. McGowan, Matthew

570479/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. Craren, Thomas

570477/16. Park Right Corp., v. Craren, Thomas

570477/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Kim, James

570420/11. People v. Kim, James

570420/11
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Vargas, Tommey

570468/16. People v. Vargas, Tommey

570468/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1890 Adam Clayton Powell LLC v. Penant, Renaud

570604/15. 1890 Adam Clayton Powell LLC v. Penant, Renaud

570604/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Empire Acupuncture PC a/a/o Awadmarine et al., v. State Farm

570504/16. Empire Acupuncture PC a/a/o Awadmarine et al., v. State Farm

570504/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Linton, Jamal

570485/16. People v. Linton, Jamal

570485/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Nazim, Mohammed

5701170/15. People v. Nazim, Mohammed

5701170/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. Lamont, Michael

570475/16. Park Right Corp., v. Lamont, Michael

570475/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Belfor, John v. Barron, Tammasita Ex-parte applications are declined

570497/16. Belfor, John v. Barron, Tammasita Ex-parte applications are declined.

570497/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Fernandez, Giovani

570208/16. People v. Fernandez, Giovani

570208/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. Merchant, Greg

570480/16. Park Right Corp., v. Merchant, Greg

570480/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Martinez, Oliver

570409/16. People v. Martinez, Oliver

570409/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Clinton Housing West 46th St. Partners L.P. v. Burrus, Christopher Ex-parte applications are declined

570519/16. Clinton Housing West 46th St. Partners L.P. v. Burrus, Christopher Ex-parte applications are declined.

570519/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. Collin, Daniel

570474/16. Park Right Corp., v. Collin, Daniel

570474/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Santos, Hector

571123/15. People v. Santos, Hector

571123/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Park Right Corp., v. Kohls, C. & J.

570476/16. Park Right Corp., v. Kohls, C. & J.

570476/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

ESTATE OF VERONICA ROSE MASSELLA, ALSO KNOWN AS VERONICA R. MASSELLA, Deceased

ESTATE OF VERONICA ROSE MASSELLA, ALSO KNOWN AS VERONICA R. MASSELLA, Deceased (14/1542/A) — On the return date of an order to show cause by the executor, the decedent's son seeking, inter alia, to compel access to a safe deposit box (the box) at a branch of Amalgamated Bank located at 3770 East Tremont Avenue in the Bronx (the branch) rented in the joint names of the decedent and his daughter and legal fees and costs, Amalgamated Bank appeared and opposed the application. An attorney also appeared for the daughter on the return date, waived any jurisdictional defects, indicated she supported the executor's application, and the matter was marked "submitted" on the papers on consent of the parties.

14/1542/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF SHIRLEY GROSSMAN, Deceased

ESTATE OF SHIRLEY GROSSMAN, Deceased (15/205/A) — In this pending will construction proceeding, counsel for the petitioner, one of the co-executors of this estate, seeks an order discharging him as attorney of record for the petitioner alleging that he has been discharged by the petitioner. The petitioner, and the other co-executor, who joined in the pending will construction proceeding pro se, do not oppose the motion. The respondent in the pending will construction proceeding, a testamentary beneficiary of the provision for which construction is requested, does not oppose the motion; however she requests the court schedule a conference after the time-period given to obtain new counsel.

15/205/A
Surrogate Thompson

Surrogate's Court, Bronx County

ESTATE OF DELORES A. TOWNSEND, Deceased

ESTATE OF DELORES A. TOWNSEND, Deceased (15/864) — In this application by a daughter of the decedent for letters of administration, process was served on a son of the decedent who is alleged to be under a disability and there was no appearance in opposition. It would appear that if the son's disability caused his default he would be ineligible to serve as the fiduciary of the estate so no guardian ad litem will be appointed for him in an accounting or other appropriate proceeding. Accordingly, in the absence of any appearance in opposition, the petition is granted and letters of administration shall issue to the petitioner subject to the limitations of SCPA 702(1) with respect to any causes of action.

15/864
Surrogate Thompson

Surrogate's Court, Bronx County

ESTATE OF WILLIAM TURNER, Deceased

ESTATE OF WILLIAM TURNER, Deceased (11/2815/D) — In this interim accounting proceeding filed by the executor in which the spouse filed objections seeking, inter alia, a determination by this court that a certain piece of improved realty should be included in the estate for the purpose of determining the value of her elective share, the spouse moves to compel disclosure of the decedent's medical records. The executor opposes the motion.

11/2815/D
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CAMILLE MAIALO, Deceased

ESTATE OF CAMILLE MAIALO, Deceased (13/690/A) — The administrators seek to remove the restrictions on their limited letters of administration to distribute and judicially account for the settlement proceeds of causes of action for the decedent's personal injuries.

13/690/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

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

ESTATE OF DEENA SWIMY, ALSO KNOWN AS DEENA YASMIN SWIMY, Deceased (14/535/A) — In response to a citation in this proceeding by the co-administrators, the designees of the decedent's spouse who, along with the decedent's two infant children are her only distributes, the New York State Department of Social Services (DSS) filed objections contending it has a Medicaid lien of $15,438.28, and a portion of the settlement proceeds should be allocated to personal injury. The administrators seek, inter alia, to distribute settlement proceeds which, pursuant to an order of the Supreme Court, Bronx County (McKeon, J.), dated December 22, 2014, were already allocated to wrongful death.

14/535/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALAN MARCUS, Deceased

ESTATE OF ALAN MARCUS, Deceased (94/F and G 578 P) — In separate contested proceedings which are now consolidated for purposes of trial by the court, one by a daughter of the decedent seeking to revoke successor letters of trusteeship that issued to her mother and the other by the successor trustee seeking to judicially settle her account, the daughter moves in the accounting proceeding (G file), to renew her prior motion seeking the personal income tax records of the successor trustee (see Matter of Marcus, NYLJ, Dec. 11, 2015 at 34 [Sur Ct, Bronx County 2015]). The successor trustee opposes the motion to renew.

94/F and G 578 P
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALAN MARCUS, Deceased

ESTATE OF ALAN MARCUS, Deceased (94/G 578 P) — In this now consolidated accounting proceeding commenced by the trustee in which objections were interposed by the decedent's daughter, the trust beneficiary, on March 31, 2016 this court ruled on the record in open court that all discovery issues are to be referred for determination by a Special Referee appointed by the court, with costs to be shared by all parties. By letter dated June 23, 2016, the court advised all parties of a person it identified to act as Special Referee, enclosed his curriculum vitae and requested that the parties advise the court by July 13, 2016 as to whether they consented to the proposed Special Referee. In the same letter the court advised the parties that if they could not consent, they should provide the basis for their lack of consent, in which case, the court would identify a different Special Referee for their consent to oversee discovery, or the parties could advise the court of a Special Referee of their choosing and provide the court with a copy of his/her curriculum vitae.

94/G 578 P
Surrogate Malave-Gonzalez

Surrogate's Court, Kings County

Estate of Berson, 2015-3097/A

Claimant Contradicted, Invalidated Own Claim Against Estate; Motion to Dismiss Denied

2015-3097/A
Surrogate Margarita Lopez Torres

Criminal Court, Bronx County, Part DVM

The People v. Lee, 2015BX037637

Affidavit of Service by Mail Creates Presumption Of Mailing, Statement of Readiness Effective

2015BX037637
Judge Mary Rosado

Criminal Court, Bronx County, Part AP-3

The People v. Enelus, 2015BX038246

Prosecutors' Statement of Readiness Without Lab Report a Nullity; Dismissal Warranted

2015BX038246
Judge Armando Montano

Surrogate's Court, New York County

Estate of Lane, 2010-1582/C

Issue of Predeceased Specific Legatee Not Exempt From Pro Rata Reduction of Bequest

2010-1582/C
Surrogate Rita Mella

Appellate Term, 9th & 10th Judicial Districts

The People v. Usak, 2015-882 S CR

Parking Commercial Vehicle in Residential District Conviction Reversed, Dismissed

2015-882 S CR
Before: Marano, P.J., Iannacci and Brands, JJ.

Appellate Division, Third Department

The People v. Al Haideri, 106956

Rape Lesser Included Offense of Predatory Sexual Assault; Rape Conviction Vacated

106956
Before: Lahtinen, J.P., McCarthy, Garry, Clark and Mulvey, JJ.

Supreme Court, New York County, Part 32

Makris v. Quartz Associates, 101022/2010

Judge Denies Company's Bid to Change Defense

101022/2010
Justice Arlene Bluth

Appellate Division, Fourth Department

Matter of Brian S., Katie S., and Alyssa S., CAF 15-00314

Faulting Counsel's Advocacy, Panel Reverses Neglect Finding

CAF 15-00314
Before: Centra, J.P., Peradotto, Lindley, DeJoseph, and Nemoyer, JJ.

Village Justice Court, Westchester County

The People v. Mignone, 15030142

Misdemeanor Informations Cannot Supersede Felony Complaints; Informations Dismissed

15030142
Village Justice David Otis Fuller Jr.

Family Court, Suffolk County

Matter of G.C. v. M.D., V-21186-15

Mother Granted Full Custody of Child, Permission to Remain in California

V-21186-15
Judge Richard Hoffmann

Supreme Court, Queens County, IA Part 27

Hicks v. N.Y. City Transit Auth., 702185/14

Passenger Fails to Raise Fact Questions On NYCTA's Liability in Personal Injury Suit

702185/14
Justice Darrell Gavrin

Supreme Court, New York County, IAS Part 61

Admiral Indemnity Co. v. Ingber, 154275/15

Insurer's Subrogation Claim Against Leaseholders Dismissed on Reargument

154275/15
Justice Barry Ostrager

Appellate Division, Fourth Department

The People v. Freeman, KA 13-00465

Divided Panel Affirms Defendant's Conviction For Criminal Possession of Weapon, Marijuana

KA 13-00465
Before: Whalen, P.J., Carni, Nemoyer, Troutman, and Scudder, JJ.

Appellate Division, Third Department

The People v. Tucker, 107450

Evidence Legally Insufficient to Establish Officer Injured While Undertaking Lawful Duty

107450
Before: Peters, P.J., Garry, Rose, Mulvey and Aarons, JJ.

Appellate Division, Second Department

Santos v. Deanco Servs., Inc., 2014-10016

Snow Remover Cannot Be Liable Under 'Espinal' Absent Evidence Passive Conduct Created Hazard

2014-10016
Justice Mark Dillon

Surrogate's Court, New York County

ESTATE OF RAMON IZAGUIRRE, Deceased

ESTATE OF RAMON IZAGUIRRE, Deceased (13/4147) — This petition for leave to compromise a cause of action for the conscious pain and suffering of Ramon Izaguirre and to allocate and distribute the net settlement proceeds is granted.

13/4147
Surrogate Anderson

Appellate Term, First Judicial Department

Belfor, John v. Barron, Tammasita

570497/16. Belfor, John v. Barron, Tammasita

570497/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

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

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

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

Appellate Term, First Judicial Department

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

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

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

Appellate Term, First Judicial Department

Ayala, Rosario v. NYCHA - Marble Hills Mgmt Ex-partes applications are declined

570515/16. Ayala, Rosario v. NYCHA - Marble Hills Mgmt Ex-partes applications are declined.

570515/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

E & A Holdings, Inc., v. Jerome Avenue Car Wash & Lube Inc.

570231/16. E & A Holdings, Inc., v. Jerome Avenue Car Wash & Lube Inc.,

570231/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

E & A Holdings, Inc., v. Jerome Avenue Car Wash & Lube Inc.

570232/16. E & A Holdings, Inc., v. Jerome Avenue Car Wash & Lube Inc.,

570232/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

21 Fort Washington Ave HDFC v. Gonzalez, Anthony Ex-partes applications are declined

570513/16. 21 Fort Washington Ave HDFC v. Gonzalez, Anthony Ex-partes applications are declined.

570513/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

King, Sharon v. Lopez, Ebony Ex-partes applications are declined

570511/16. King, Sharon v. Lopez, Ebony Ex-partes applications are declined.

570511/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Reid, Latham v. Reid, Roderick Ex-partes applications are declined

570512/16. Reid, Latham v. Reid, Roderick Ex-partes applications are declined.

570512/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Orah Group LLC v. Bezerra, Brooke Ex-partes applications are declined

570516/16. Orah Group LLC v. Bezerra, Brooke Ex-partes applications are declined.

570516/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Green, Shalanda Lynn Ex-partes applications are declined

570514/16. In the matter of Green, Shalanda Lynn Ex-partes applications are declined.

570514/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Bronx-1242, Inc., v. Jerome Avenue Car Wash & Lube Inc.

570230/16. Bronx-1242, Inc., v. Jerome Avenue Car Wash & Lube Inc.,

570230/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Anderson Avenue Associates L.P. v. Rojas, Eufemio Ex-partes applications are declined

570510/16. Anderson Avenue Associates L.P. v. Rojas, Eufemio Ex-partes applications are declined.

570510/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

West 139th Street LLC v. Feeney, Maria

570501/16. West 139th Street LLC v. Feeney, Maria

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

Appellate Term, First Judicial Department

1522 1st Avenue Realty LLC v. Miller, Mayne

57040516 1522 1st Avenue Realty LLC v. Miller, Mayne

57040516
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CMS Medical Supply Inc a/a/o Dyce, K. v. Erie Ins. Co. Of NY

570116/16. CMS Medical Supply Inc a/a/o Dyce, K. v. Erie Ins. Co. Of NY

570116/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

N.Y. Foundation for Senior Citizens v. Zapata, Aramis et al., Ex-partes applications are declined

570505/16. N.Y. Foundation for Senior Citizens v. Zapata, Aramis et al., Ex-partes applications are declined.

570505/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Brown, Jack v. 125 Second Ave Rlty Corp., et al Ex-partes applications are declined

570517/16. Brown, Jack v. 125 Second Ave Rlty Corp., et al Ex-partes applications are declined.

570517/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Thomas Mott Osborne Mem Fund Ind v. Word of Life Int.

570356/16. Thomas Mott Osborne Mem Fund Ind v. Word of Life Int.,

570356/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

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

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

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

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

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

15/1736/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

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

15/1736/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF NORRIS THOMSON, Deceased

ESTATE OF NORRIS THOMSON, Deceased (13/4798) — This is an uncontested proceeding to probate a lost will, dated August 5, 2004, in the estate of Norris Thomson. The proofs submitted establish that the original of the propounded instrument was retained by the drafter, but lost while in her custody. The presumption of revocation that arises in a case in which the original will was held by the testator (see SCPA 1407[1]) therefore does not apply here. The court is thus satisfied that decedent did not revoke the will. The court is further satisfied that the will was validly executed and that at the time of its execution decedent was competent in all respects to make a will and was not under restraint (EPTL 3-2.1; SCPA 1407[2]; SCPA 1408). Moreover, the provisions of the lost will have been established by a photocopy that has been proved to be a true and complete copy of the instrument as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.

13/4798
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

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

15/1736
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ROBERT A. KOEPPEL, Deceased

ESTATE OF ROBERT A. KOEPPEL, Deceased (96/4098/C) — On April 27, 2016, the date of a continued hearing on the criminal contempt portion of the above-captioned proceeding, the court ruled on Petitioners' objection to Respondent William Koeppel's invocation of his privilege against self-incrimination when asked some questions after being called to testify on the first day of this hearing.

96/4098/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF S. DANIEL ABRAHAM

ESTATE OF S. DANIEL ABRAHAM (15/1736/C) — S. Daniel Abraham executed trust agreements, dated March 20, 1980, creating four trusts for the benefit of his daughters and their issue. In 2012, the trustee, Estanne Abraham Fawer, exercised a power of appointment to decant the trusts' assets to four new 2012 Trusts. Abraham petitioned this court to amend the trust instruments to, inter alia, remove Fawer as trustee. In response, Fawer moved to dismiss the petitions pursuant to CPLR 321 1(a)(3) and (7). A guardian ad litem, C. Raymond Radigan, was appointed to represent infant remainder beneficiaries in these proceedings.

15/1736/C
Surrogate Mella

Appellate Division, Third Department

People v. Efrain Acevedo III, 106644

Despite Error, Panel Upholds Ruling on Juror Removal

106644
Before: McCarthy, J.P., Rose, Devine, Clark and Aarons, JJ.

Appellate Division, Third Department

People v. Ganesh Ramsaran, 108003

Panel Orders New Trial for Man Charged in Wife's Death

108003
Before: Peters, P.J., Rose, Mulvey and Aarons, JJ.

Appellate Division, Second Department

People v. Shuaib Oneill, 369/07

Justices Cite Credibility in Tossing Conviction

369/07
Before: Chambers, J.P., Hall, Duffy, Barros, JJ.

Surrogate's Court, Dutchess County

Matter of Sochurek, 2014-487/A

Decedent's Daughters' Challenge to Executrix's Authority Violated Will's In Terrorem Clause

2014-487/A
Surrogate James Pagones, J.D.

Surrogate's Court, Suffolk County

Estate of Apostolidis, 2010-3311/A

Respondent's Motion to Compel Compliance With Discovery Partly Granted, Partly Denied

2010-3311/A
Surrogate John M. Czygier, Jr

Surrogate's Court, New York County

Will of Weisner, 1991-3783/B

Denial of Receipt of Pleadings Fails to Rebut Service Presumption; Vacatur of Decree Denied

1991-3783/B
Surrogate Rita Mella

Appellate Term, 9th & 10th Judicial Districts

The People v. Spasoff, 2014-729 W CR

Instrument Charging Petit Larceny, Criminal Possession Stolen Property Facially Sufficient

2014-729 W CR
Before: Marano, P.J., Tolbert and Brands, JJ.

Appellate Division, Fourth Department

Matter of Azzi, CA 15-00223

Order Appointing AIP a Guardian Reversed, Objectants' Cross-Petition Reinstated

CA 15-00223
Before: Centra, J.P., Peradotto, Lindley, Dejoseph, And Curran, JJ.

Appellate Division, Third Department

The People v. Mandela, 108040

GCL §25-a Applied to Extend Six-Month Period; DA's Statement of Readiness Timely, Effective

108040
Before: Peters, P.J., Garry, Rose, Mulvey and Aarons, JJ.

Appellate Division, Second Department

Matter of Maria C.R. v. Rafael G., 2014-11722

Court's Jurisdiction to Grant Guardianship Petition Ended When 'Child' Turned 21

2014-11722
Justice Sandra Sgroi

Supreme Court, New York County, Part 42

Jennifer Baker, Plaintiff v. Lidia Monroe, NYPD, ADT, LLC, 55 Wall St the Cipriani Building, Defendant, 101972/2015

Alarm Company Ruled Not Liable for Burglary

101972/2015
Justice Nancy Bannon

Supreme Court, Richmond County, Part DCM 19

HSBC Bank USA v. Sanchez, 130348/13

Plaintiff to Produce Title Expert at Hearing To Confirm Defendant Proper Property Owner

130348/13
Judge Philip Straniere

Civil Court, Bronx County, Part 11

Rodiguez v. Rodriguez, 3851-16

Court Concludes Best Interest for Pet To Remain in NY With Plaintiff's Stepdaughter

3851-16
Judge Paul Alpert

Supreme Court, New York County, Part 39

Peters v. Peters, 600456/2004

Law Firm Adequately Complied With Subpoena, But Ordered to Produce Valuation Documents

600456/2004
Justice Saliann Scarpulla

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

The People v. Morren, 2013-110 Q CR

Defendant's Two DWI Convictions Affirmed As Not Against Weight of Evidence

2013-110 Q CR
Before: Weston, J.P., Solomon and Elliot, JJ.

Appellate Division, Third Department

Passeri v. Tomlins, 522393

Order Denying Law Firm Vacatur of Default Reversed, Vacatur Granted as Unintentional

522393
Before: Lahtinen, J.P., McCarthy, Garry, Clark and Mulvey, JJ.

Surrogate's Court, New York County

ESTATE OF MICHAEL MORGAN TAYLOR

ESTATE OF MICHAEL MORGAN TAYLOR (01/3975/A) — At the call of the calendar on February 23, 2016, the court denied Petitioner's motions, which sought, among other things, broad discovery as well as relief that is also requested in the underlying petition to compel the Administrator of decedent's estate to account. For the reasons more filly addressed on the record, the court denied these applications as either unnecessary — to the extent relief is identical to that sought in the pending proceeding — or premature. As to the resolution of the motions, this decision together with the transcript of the February 23, 2016 proceedings constitutes the order of the court.

01/3975/A
Surrogate Mella

Appellate Term, First Judicial Department

THE PEOPLE, res, v. FAUSTO DEJESUS, def-app

15-463. THE PEOPLE, res, v. FAUSTO DEJESUS, def-app — Judgment of conviction (Shari Ruth Michels, J. at speedy trial motion and renewal; Steven J. Hornstein, J., at plea and sentencing), rendered March 20, 2015, reversed, on the law, and the accusatory instrument is dismissed.

15-463
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Surrogate's Court, Richmond County

Betty Giarratano; Ivan Gontarski; Thomas T. Lennon; Erlinda Loyola; Joan P. Nelsen; Daniel Tapfar; Marie S. Knee; Philip Nucci

MATTER OF: Betty Giarratano; Ivan Gontarski; Thomas T. Lennon; Erlinda Loyola; Joan P. Nelsen; Daniel Tapfar; Marie S. Knee; Philip Nucci


Surrogate Gigante

Surrogate's Court, Richmond County

Vincent D'Alessandro- R ; Edward J. Schaefer - D ; William Korkowski- I ; Robert L. Mydich - B ; Hugh D. Kiernan, Jr.; Irene M. Colon; Joan L. Jones; Noreen Costa; Federico Marino; Michael Kopanos; John Martinelli; Becky Zalewski; Eve Lynne Donigian; Bernard Haber

MATTER OF: Vincent D'Alessandro- R ; Edward J. Schaefer - D ; William Korkowski- I ; Robert L. Mydich - B ; Hugh D. Kiernan, Jr.; Irene M. Colon; Joan L. Jones; Noreen Costa; Federico Marino; Michael Kopanos; John Martinelli; Becky Zalewski; Eve Lynne Donigian; Bernard Haber


Surrogate Gigante

Surrogate's Court, Richmond County

Amara V. Baez; Amanda Lipstein-2orders; Christopher Fazio; Justin Erling Garpestad; Syncere Elon Holland; Robert E. Healy; Amanda Lipstein; Alec T. Morello; Anastasia J. Martinez

MATTER OF: Amara V. Baez; Amanda Lipstein-2orders; Christopher Fazio; Justin Erling Garpestad; Syncere Elon Holland; Robert E. Healy; Amanda Lipstein; Alec T. Morello; Anastasia J. Martinez


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF NANCY ELLIOTT, Deceased

ESTATE OF NANCY ELLIOTT, Deceased (14/3742) — The proposed compromise of the cause of action for the wrongful death of Nancy Elliott is approved. The restrictions contained in the letters issued to the administrator are removed. She is authorized to collect the settlement proceeds and to execute the necessary receipts and releases.

14/3742
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MARY HILSON WOLF, Deceased

ESTATE OF MARY HILSON WOLF, Deceased (87/1848/P) — There is before the court a motion to dismiss amended objections to the accounts of Howard Sloan, a now deceased former successor co-trustee of three trusts under the will of Mary Hilson Wolf for the benefit of testator's daughter, Wendy Levey, and others. The procedural complexity of the proceedings warrants a recitation of their history.

87/1848/P
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MARGARET PIZER, Deceased

ESTATE OF MARGARET PIZER, Deceased (14/2099) — In a proceeding for letters of administration by the designee of decedent's alleged seven first cousins, this court issued letters of temporary administration to Donald A. Pizer, pursuant to SCPA 902, in August 2014. The application for full letters of administration was held in abeyance pending a determination of kinship.

14/2099
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ESTELLE HARRIS, Deceased

ESTATE OF ESTELLE HARRIS, Deceased (14/3514/A) — Despite several conferences before a court attorney-referee, at which settlement was encouraged but ultimately not achieved, this proceeding by Merle Berg, seeking to compel her brother and co-executor, Elliot Fink, to account for his proceedings as co-executor of the estate of their aunt, Estelle Harris, is denied without prejudice. Ms. Berg, as co-executor, has no standing to compel Mr. Fink to account, where she herself has not filed an account and a petition for its judicial settlement, pursuant to SCPA 2205(2)(h). Furthermore, to order a judicial accounting, where the assets of the estate have been largely distributed, and the dispute articulated by the parties involves a de minimus sum of money, is not in the best interests of the estate (see SCPA 2205[1]).

14/3514/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MARY HILSON WOLF, Deceased

ESTATE OF MARY HILSON WOLF, Deceased (87/1848/M);

87/1848/M
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HECTOR PENA, Deceased

ESTATE OF HECTOR PENA, Deceased (08/0895) — This petition for leave to allocate and distribute the net settlement proceeds of causes of action for the conscious pain and suffering and wrongful death of Hector Pena is granted. Proceeds in the sum of $70,000 shall be allocated to the cause of action for conscious pain and suffering and the remaining proceeds shall be allocated to the cause of action for wrongful death as set forth in the petition.

08/0895
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF CHRISTOPHER MORGAN, Deceased

ESTATE OF CHRISTOPHER MORGAN, Deceased (13/2592/A) — The administrator's amended petition for leave to compromise a cause of action for decedent's wrongful death and personal injury is granted. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases. The proceeds are allocated 100 percent to the cause of action for wrongful death.

13/2592/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MARY HILSON WOLF, Deceased

ESTATE OF MARY HILSON WOLF, Deceased (87/1848/J);

87/1848/J
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MICKY LIU, Deceased

ESTATE OF MICKY LIU, Deceased (15/1496/C) — In this proceeding — brought by May Lui, in her capacity as Administrator of the estate of her deceased brother Micky Liu — seeking recovery of alleged estate property pursuant to SCPA 2103,1 Respondent Veronica Beckham, appearing pro se, has filed a pre-answer motion to dismiss and/or for summary judgment, wherein Respondent also asks the court to remove the Administrator and revoke her letters of administration pursuant to SCPA 711 and 719.

15/1496/C
Surrogate Mella

Appellate Division, First Department

Sabena SA v. Deutsche Bank, 653651/12

653651/12
Before: Tom, J.P., Friedman, Sweeny, Jr., Saxe, JJ.

Supreme Court, New York County, IAS Part 3

Mill Financial v. Gillett, 652055/2010

Bank Scores in Suit Over Sale of Liverpool Football Club

652055/2010
Justice Eileen Bransten

Supreme Court, Monroe County

Piccarreto v. Mura, 12/11476

Wife Participated in Fraudulent Conveyance Of Husband's Interests in Home to Her

12/11476
Justice Richard Dollinger

Family Court, Kings County

R.M. v. C.C., 192764

Father Fails to Show Circumstances Changed Requiring Modification of Settlement

192764
Justice Judith Waksberg

Supreme Court, Kings County, IAS Term, Part 52

926 Port Chester Management Group LLC v. Slabakis, 513900/15

Complaint Fails State Fraudulent Transfers Cause of Action Under Debtor Creditor Law

513900/15
Justice Francois Rivera

Supreme Court, Queens County, Criminal Term Part Tap-A

The People v. Gills, 2344-2015

Defendant Entitled to Discovery of Electronic Raw Data That Yielded His DNA Profile

2344-2015
Justice Elisa Koenderman

Supreme Court, New York County, Part 3

International Finance Corp. v. Carrera Holdings Inc., 601705/2007

Contract's 'Expropriatory Event' Meant to Cover a Broad Range of Government Actions

601705/2007
Justice Eileen Bransten

Supreme Court, New York County, IAS Part 42

Sengbusch v. Les Bateux De New York, Inc., 154209/12

Yacht Owner Raised Fact Issue on Whether Boat Was Returned to Her in Good Repair

154209/12
Justice Nancy Bannon

Appellate Term, Second Judicial Department

PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF PAUL EVANS, app, v. METLIFE AUTO & HOME, res

2014-2249 Q C. PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF PAUL EVANS, app, v. METLIFE AUTO & HOME, res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered July 1, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

2014-2249 Q C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

VIVIAN KILADA, app, v. DIOCESE OF ROCKVILLE CENTRE AND SISTER MARYANN NOONAN, res

2015-706 N C. VIVIAN KILADA, app, v. DIOCESE OF ROCKVILLE CENTRE AND SISTER MARYANN NOONAN, res — Appeal from a judgment of the District Court of Nassau County, Second District (Douglas J. Lerose, J.), entered September 22, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of only $1 against defendant Diocese of Rockville Centre and dismissed the action against defendant Sister Maryann Noonan.

2015-706 N C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

1646 UNION, LLC v. POLANCO

2015-2104 K C. 1646 UNION, LLC v. POLANCO — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decision and order on motion of this court dated March 14, 2016.

2015-2104 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

SUSAN C. MUSELLA, app, v. CARMINE TUFANO AND DEBRA TUFANO, res

2015-533 N C. SUSAN C. MUSELLA, app, v. CARMINE TUFANO AND DEBRA TUFANO, res — Appeal from a judgment of the District Court of Nassau County, First District (Douglas J. Lerose, J.), entered October 2, 2014. The judgment, after a nonjury trial, dismissed the action.

2015-533 N C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

NEW YORK CITY HOUS. AUTH. BLVD. HOUSES v. DANCIL

2015-2299 K C. NEW YORK CITY HOUS. AUTH. BLVD. HOUSES v. DANCIL — Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered August 4, 2015, to continue a stay granted by decision and order on motion of this court dated December 10, 2015, and extended by decision and order on motion of this court dated April 13, 2016.

2015-2299 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. LOPEZ, HECTOR

2016-837 Q CR. THE PEOPLE v. LOPEZ, HECTOR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered March 9, 2016, as a poor person, and for the assignment of counsel.

2016-837 Q CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

WHITE v. CHYRACK

2016-1253 K C. WHITE v. CHYRACK — Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered November 10, 2015, for failure to prosecute.

2016-1253 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

FOUR DECADES CONTRACTING, INC., res, v. GEORGINE HARTENFELS, app

2014-2689 N C. FOUR DECADES CONTRACTING, INC., res, v. GEORGINE HARTENFELS, app — Appeal from a judgment of the District Court of Nassau County, Second District (Douglas J. Lerose, J.), entered July 1, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,841.

2014-2689 N C
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

ROSE MARIE MAROTTA, res, v. JAN AU and MEI AU, app

2015-599 S C. ROSE MARIE MAROTTA, res, v. JAN AU and MEI AU, app — Appeal from a judgment of the District Court of Suffolk County, Fourth District (David A. Morris, J.), entered December 4, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,800.

2015-599 S C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

CONDOR CAPITAL CORP., res, v. ROBERT STUMPER, app

2015-1320 S C. CONDOR CAPITAL CORP., res, v. ROBERT STUMPER, app — Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated May 8, 2015. The order denied defendant's motion for leave to renew his prior motion to vacate a default judgment, which motion had been denied in an order of the same court entered December 17, 2014.

2015-1320 S C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

THROGS NECK MULTICARE, P.C., AS ASSIGNEE OF MARY PADEN, app, v. MERCURY CASUALTY COMPANY, res

2015-502 S C. THROGS NECK MULTICARE, P.C., AS ASSIGNEE OF MARY PADEN, app, v. MERCURY CASUALTY COMPANY, res — Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated January 20, 2015. The order, insofar as appealed from, granted the branch of defendant's motion seeking summary judgment dismissing the complaint.

2015-502 S C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

NACHAJSKI v. SIWIEC

2016-316 K C. NACHAJSKI v. SIWIEC — Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered April 21, 2015, and an order of the same court dated December 23, 2015, to continue a stay granted by decision and order on motion of this court dated March 21, 2016.

2016-316 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

1646 UNION, LLC v. HYNDMAN

2015-2102 K C. 1646 UNION, LLC v. HYNDMAN — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decision and order on motion of this court dated March 14, 2016.

2015-2102 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GATEAU, KYNLIN

2016-821 K CR. THE PEOPLE v. GATEAU, KYNLIN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 1, 2016, as a poor person, and for the assignment of counsel.

2016-821 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

LAW OFFICES OF LINDA M. TOGA, P.C., res, v. BARBARA MATTHEWS, app

2015-297 S C. LAW OFFICES OF LINDA M. TOGA, P.C., res, v. BARBARA MATTHEWS, app — Appeal from a judgment of the District Court of Suffolk County, Sixth District (David A. Morris, J.), entered February 9, 2015. The judgment, entered pursuant to a decision of the same court dated January 8, 2015, after a nonjury trial, awarded plaintiff the principal sum of $11,245.41.

2015-297 S C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

THROGS NECK MULTICARE, P.C., AS ASSIGNEE OF MARY PADEN, res, v. MERCURY CASUALTY COMPANY, app

2015-598 S C. THROGS NECK MULTICARE, P.C., AS ASSIGNEE OF MARY PADEN, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated February 18, 2015. The order, insofar as appealed from, denied the branch of defendant's motion seeking summary judgment dismissing the complaint.

2015-598 S C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

GORELIK v. AQUALIFE, INC.

2016-1279 K C. GORELIK v. AQUALIFE, INC. — Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 1, 2015, for failure to prosecute.

2016-1279 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. REY, LARRY

2016-1047 RI CR. THE PEOPLE v. REY, LARRY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered April 8, 2016, as a poor person, and for the assignment of counsel.

2016-1047 RI CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

KIKI DIAN ZAVALA, res, v. ANTHONY CAPETOLA AND 2 AUDREY, INC., app

2014-2209 N C. KIKI DIAN ZAVALA, res, v. ANTHONY CAPETOLA AND 2 AUDREY, INC., app — Appeal from a judgment of the District Court of Nassau County, Third District (Scott H. Siller, J.), entered September 15, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,450 as against both defendants.

2014-2209 N C
: Marano, P.J., Garguilo and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ROBINSON, ICYLIN

2016-847 K CR. THE PEOPLE v. ROBINSON, ICYLIN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 18, 2016, as a poor person, and for the assignment of counsel.

2016-847 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. HABBAS, FAWAZ

2016-884 K CR. THE PEOPLE v. HABBAS, FAWAZ — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 16, 2016, as a poor person, for the assignment of counsel and for an enlargement of time to perfect the appeal.

2016-884 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

QUEENS MEDICAL SUPPLY, INC., AS ASSIGNEE OF KEVIN TARPEH AND ASHMAR ROSE, app, v. TRAVELERS INDEMNITY CO., res

2015-418 K C. QUEENS MEDICAL SUPPLY, INC., AS ASSIGNEE OF KEVIN TARPEH AND ASHMAR ROSE, app, v. TRAVELERS INDEMNITY CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered July 30, 2014. The order denied plaintiff's motion to restore the case to the trial calendar.

2015-418 K C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THAYER MED., P.C., A/A/O MURPHY v. ALLSTATE INS. CO.

2015-1009 K C. THAYER MED., P.C., A/A/O MURPHY v. ALLSTATE INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 20, 2014. The order, insofar as appealed from as limited by the brief, denied the branch of appellant's cross motion seeking a protective order with respect to discovery sought by respondent. Respondent has stated in its brief that discovery has now been completed. By order to show cause dated June 3, 2016, the parties were directed to show cause before this court why the appeal should not be dismissed as moot, on the ground that discovery has been completed.

2015-1009 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

AUTO-CHLOR OF NYC, DOING BUSINESS AS AUTOCHLOR SYSTEM OF NEW YORK, app, v. MOUNT FISHTAIL, INC., DOING BUSINESS AS NEW MASALA 2 WOK, AND LEKHNATH SHARMA, res

2014-1987 Q C. AUTO-CHLOR OF NYC, DOING BUSINESS AS AUTOCHLOR SYSTEM OF NEW YORK, app, v. MOUNT FISHTAIL, INC., DOING BUSINESS AS NEW MASALA 2 WOK, AND LEKHNATH SHARMA, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 3, 2014. The order, insofar as appealed from, granted the branch of defendants' motion seeking summary judgment dismissing plaintiff's second cause of action, for accelerated rent pursuant to a liquidated damages clause, and denied plaintiff's cross motion for summary judgment.

2014-1987 Q C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

GREENWAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF SERGO PREMPIN, app, v. ELRAC, INC., res

2014-2771 Q C. GREENWAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF SERGO PREMPIN, app, v. ELRAC, INC., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered October 24, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

2014-2771 Q C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

JOHNSON v. THE HARTFORD INS. CO.

2015-1774 K C. JOHNSON v. THE HARTFORD INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 19, 2015.

2015-1774 K C
: Aliotta, J.P., Pesce, Solomon, JJ.

Appellate Term, Second Judicial Department

MARINE TERRACE ASSOC., LLC v. RAMALLO

2015-1089 Q C. MARINE TERRACE ASSOC., LLC v. RAMALLO — On the court's own motion, it is

2015-1089 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

ISLAND LIFE CHIROPRACTIC, P.C., AS ASSIGNEE OF KENNY LOUISSANT, app, v. UNITRIN AUTO AND HOME INSURANCE COMPANY, res

2014-2254 Q C. ISLAND LIFE CHIROPRACTIC, P.C., AS ASSIGNEE OF KENNY LOUISSANT, app, v. UNITRIN AUTO AND HOME INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered July 14, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

2014-2254 Q C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

SHERWOOD, LLC v. FERMIN

2015-1632 Q C. SHERWOOD, LLC v. FERMIN — On the court's own motion, it is

2015-1632 Q C
: Pesce, P.J., Aliotta, Solomon, JJ

Surrogate's Court, Westchester County

Estate of Palmieri, 2012-1154

Failure to Timely Disclose Possession of Tapes Warrants Preclusion of Their Use at Trial

2012-1154
Surrogate Thomas Walsh

Supreme Court, Queens County, Criminal Term Part Tap-A

The People v. Gills, 2344-2015

People Must Produce Electronic Raw Data as Written Document Concerning Scientific Test

2344-2015
Justice Elisa Koenderman

Appellate Division, Second Department

Gotkin v. Allstate Ins. Co., 2014-01403

Insurer's Noncompliance With §3425(d)(1) Is Basis to Reform Policy After Coverage Gap

2014-01403
Justice Jeffrey Cohen

Supreme Court, Bronx County

Dufresne-Simmons v. Wingate, Russotti & Shapiro, LLP, 307170/08

Legal Malpractice Action Does Not Mandate a Hearing Over Plaintiff's Sanity

307170/08
Justice Betty Owen Stinson

Supreme Court, New York County, Commercial Division Part 49

135 Bowery LLC v. Sofer, 108020/2011

Attorney Used the Position of Trust as Plaintiffs' Lawyer to Defraud Them

108020/2011
Justice O. Peter Sherwood

Supreme Court, New York County

The People v. Tookes, 3007/14

Case Imposes New Restrictions on Trial Courts' Authority to Defer Surcharges, Fees

3007/14
Justice Daniel Conviser

Appellate Division, Second Department

Heeran v. Long Island Power Authority, 702558/13

Sandy-Related Suit Against Utilities Allowed to Proceed

702558/13
By: Balkin, J.P., Austin, Miller, Hinds-Radix, JJ.

Appellate Division, Second Department

Connolly v. Long Island Power Authority, 6341/13

Sandy-Related Suit Against Utilities Allowed to Proceed

6341/13
Before: Balkin, J.P., Austin, Miller, Hinds-Radix, JJ.

Appellate Division, Second Department

Baumann v. Long Island Power Authority, 13286/13

Sandy-Related Suit Against Utilities Allowed to Proceed

13286/13
Before: Balkin, J.P., Austin, Miller, Hinds-Radix, JJ.

Appellate Division, Fourth Department

Estate of Joyce Pecky v. City of Buffalo, CA 15-00769

Suit Over Ex-Buffalo Officer Who Preyed on Women Falters

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

Appellate Division, Fourth Judicial Department

In The Matter of Brian S., Katie S., and Alyssa S, CAF 15-00314

Childrens Child Deprived Statements, Negative Inference From Mother's Failure to Testify Support Neglect Finding; Child Deprived of Effective Assistance of Counsel; Trial Attorney for Child Took Position Contrary to Position of Two Children

CAF 15-00314
Before: Centra, J.P., Peradotto, Lindley, DeJoseph, and Nemoyer, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. BERNARD BLACK, app

2014-2745 Q CR. THE PEOPLE, res, v. BERNARD BLACK, app — Appeal by defendant, as limited by his brief, from a sentence of the Criminal Court of the City of New York, Queens County (Dorothy Chin-Brandt, J.), imposed August 18, 2014, upon his conviction of criminal obstruction of breathing or blood circulation, upon his plea of guilty.

2014-2745 Q CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. PAUL M. USAK, app

2015-882 S CR. THE PEOPLE, res, v. PAUL M. USAK, app — Appeal from a judgment of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), rendered February 4, 2015. The judgment convicted defendant, after a nonjury trial, of parking a commercial vehicle in a Residence A District in the Town of Islip.

2015-882 S CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. COREY MARROW, app

2014-372 W CR. THE PEOPLE, res, v. COREY MARROW, app — Appeal, as limited by the brief, from a sentence of the City Court of Mount Vernon, Westchester County (Mark A. Gross, J.), imposed January 29, 2014, upon defendant's conviction, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree.

2014-372 W CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. SCIVOLETTE, GEORGE

2016-865 D CR. PEOPLE v. SCIVOLETTE, GEORGE — Application by defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from so much of an order of the Justice Court of the Town of Poughkeepsie, Dutchess County, entered March 4, 2016, as denied his CPL 440.10 motion to vacate the judgment, which has been referred to me for determination.

2016-865 D CR
: Marano, P.J.

Appellate Term, Second Judicial Department

ATLANTIC CHIROPRACTIC, P.C., as Assignee of CHRISTIAN MOE v. LIBERTY MUTUAL FIRE INSURANCE CO.

2014-2414 K C. ATLANTIC CHIROPRACTIC, P.C., as Assignee of CHRISTIAN MOE v. LIBERTY MUTUAL FIRE INSURANCE CO. — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered September 3, 2014, deemed from a judgment of the same court entered October 7, 2014 (see CPLR 5512 [a]). The judgment, entered pursuant to the September 3, 2014 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $1,800.

2014-2414 K C
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BELOTTI, RALPH

2016-1151 W CR. THE PEOPLE v. BELOTTI, RALPH — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Mount Kisco, Westchester County, rendered April 7, 2016, as a poor person, and for the assignment of counsel.

2016-1151 W CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RICHARD MOUZAKES, app

2014-1950 N CR. THE PEOPLE, res, v. RICHARD MOUZAKES, app — Appeal from a judgment of the District Court of Nassau County, First District (Tricia M. Ferrell, J.), rendered August 18, 2014. The judgment convicted defendant, upon his plea of guilty, of petit larceny.

2014-1950 N CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. MARCUS SHELTON, app; THE PEOPLE, res, v. MARCUS SHELTON, app

2014-584 W CR; 2014-585 W CR. THE PEOPLE, res, v. MARCUS SHELTON, app; THE PEOPLE, res, v. MARCUS SHELTON, app — Appeals from two judgments of the City Court of Peekskill, Westchester County (Reginald J. Johnson, J.), rendered February 24, 2014. Each judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]), seeking leave to withdraw as counsel.

2014-584 W CR; 2014-585 W CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. MARTIN, KEVIN

2016-1418 W CR. PEOPLE v. MARTIN, KEVIN — Appeal from an order of the City Court of Yonkers, Westchester County, entered May 3, 2016.

2016-1418 W CR
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

2016-1152 OR CR

2016-1152 OR CR Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Middletown, Orange County, rendered April 13, 2016, as a poor person, and for the assignment of counsel.

2016-1152 OR CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. ADAM L. YOUNGELMAN, app

2014-1162 S CR. THE PEOPLE, res, v. ADAM L. YOUNGELMAN, app — Appeal from 10 judgments of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Alan Mathers, J.H.O.), rendered December 19, 2013. The judgments, after a nonjury trial, convicted defendant of one charge of operating a motor vehicle without a certificate of inspection and nine charges of operating a motor vehicle without an approved safety belt for a back seat passenger under the age of sixteen, respectively.

2014-1162 S CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CARLTON REID, app

2013-2168 W CR. THE PEOPLE, res, v. CARLTON REID, app — Appeal from a judgment of the City Court of Mount Vernon, Westchester County (Mark A. Gross, J.), September 17, 2013. The judgment convicted defendant, upon his plea of guilty, of two counts of a criminal possession of a controlled substance in the seventh degree. Assigned counsel has submitted a brief in accordance with Anders v. California (386 US 738 [1967]), seeking leave to withdraw as counsel.

2013-2168 W CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. DOLAN, MARYANN

2016-893 K CR. PEOPLE v. DOLAN, MARYANN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 25, 2016, as a poor person, for the assignment of counsel and for an enlargement of time to perfect the appeal.

2016-893 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. WELLS, JAMES T.

2015-1991 N CR. PEOPLE v. WELLS, JAMES T. — Motion by appellant, pursuant to CPL 460.30, for a stay of execution of a judgment of conviction of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency, rendered July 14, 2015, and, in effect, to enjoin the Commissioner of the Department of Motor Vehicles from imposing points on appellant's license, pending the determination of the appeal from the judgment of conviction.

2015-1991 N CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. CIRILLO RODRIGUEZ, app

2014-617 W CR. THE PEOPLE, res, v. CIRILLO RODRIGUEZ, app — Appeal from a judgment of the Justice Court of the Village of Sleepy Hollow, Westchester County (Andres J. Valdespino, J.), rendered March 26, 2013. The judgment convicted defendant, upon a jury verdict, of theft of services.

2014-617 W CR
: Marano, P.J., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. ARIAS, LOUIS

2016-646 Q CR. PEOPLE v. ARIAS, LOUIS — 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 18, 2016, as a poor person, and for the assignment of counsel.

2016-646 Q CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. ROBINSON, ANDRE

2015-1827 K CR. PEOPLE v. ROBINSON, ANDRE — Motion by respondent to dismiss an appeal from an order of the Criminal Court of the City of New York, Kings County, entered January 5, 2015.

2015-1827 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. WENQIU CHEN

2016-540 K CR. PEOPLE v. WENQIU CHEN — 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 26, 2016, as a poor person, and for the assignment of counsel.

2016-540 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BIEL, LENIN

2016-844 Q CR. PEOPLE v. BIEL, LENIN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered March 22, 2016, as a poor person, and for the assignment of counsel.

2016-844 Q CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. EVANS, ANTHONY

2016-816 K CR. PEOPLE v. EVANS, ANTHONY — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 1, 2016, as a poor person, and for the assignment of counsel.

2016-816 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. EMILIANO ARAGON, app

2013-1198 Q CR. THE PEOPLE, res, v. EMILIANO ARAGON, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Gene R. Lopez, J.), rendered April 29, 2013. The judgment convicted defendant, upon his plea of guilty, of aggravated driving while intoxicated per se.

2013-1198 Q CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RONALD WILFRED, app

2014-751 K CR. THE PEOPLE, res, v. RONALD WILFRED, app — Appeal from three judgments of the Criminal Court of the City of New York, Kings County (Michael Yavinsky, J.), rendered December 12, 2013. The judgments convicted defendant, upon his pleas of guilty, of petit larceny, petit larceny and resisting arrest, respectively.

2014-751 K CR
: Solomon, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. GARCIA, JOSE

2016-822 K CR. THE PEOPLE v. GARCIA, 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, Kings County, rendered December 7, 2015, as a poor person, and for the assignment of counsel.

2016-822 K CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

J.K.M. MEDICAL CARE, P.C., as Assignee of LEAH LABAN-GOMEZ v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

2014-2245 K C. J.K.M. MEDICAL CARE, P.C., as Assignee of LEAH LABAN-GOMEZ v. LIBERTY MUTUAL FIRE INSURANCE COMPANY — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered September 3, 2014. The order denied defendant's motion for summary judgment dismissing the complaint based on the unpleaded defense of res judicata and granted plaintiff's cross motion for summary judgment.

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

Appellate Term, Second Judicial Department

THE PEOPLE v. CHIN, WAYNE

2016-850 K CR. THE PEOPLE v. CHIN, WAYNE — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 22, 2016, as a poor person, and for the assignment of counsel.

2016-850 K CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

HEALING ART ACUPUNCTURE, P.C. A/A/O SHUBRICK v. MVAIC

2015-2533 K C. HEALING ART ACUPUNCTURE, P.C. A/A/O SHUBRICK v. MVAIC — Motion by appellant to vacate the order of this court dated March 21, 2016, which dismissed an appeal an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 15, 2015, and for an enlargement of time to perfect the appeal.

2015-2533 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

SS MEDICAL CARE, P.C. A/A/O SHUBRICK v. MVAIC

2015-2529 K C. SS MEDICAL CARE, P.C. A/A/O SHUBRICK v. MVAIC — Motion by appellant to vacate the an order of this court dated March 21, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 15, 2015, and for an enlargement of time to perfect the appeal.

2015-2529 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. KELLY, DONNY

2016-519 Q CR. THE PEOPLE v. KELLY, DONNY — 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.

2016-519 Q CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MIZARAHI, ARLENE

2016-824 RI CR. THE PEOPLE v. MIZARAHI, ARLENE — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 13, 2016, as a poor person, and for the assignment of counsel.

2016-824 RI CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CAMPOS-GIL, VERONICA

2016-826 RI CR. THE PEOPLE v. CAMPOS-GIL, VERONICA — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 7, 2016, as a poor person, and for the assignment of counsel.

2016-826 RI CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. VIVES, NAIR

2016-814 K CR. THE PEOPLE v. VIVES, NAIR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 15, 2016, as a poor person, and for the assignment of counsel.

2016-814 K CR
: Pesce, P.J. Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CHUNICARCHI, JOSE

2016-832 Q CR. THE PEOPLE v. CHUNICARCHI, 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, Queens County, rendered March 10, 2016, as a poor person, and for the assignment of counsel.

2016-832 Q CR
: Pesce, P.J. Weston, Elliot, JJ.

Supreme Court, Kings County, IAS Term, Part 25

Matter of Rimler v. City of New York, 506046/2016

Lack of Timeliness Dooms Challenge to Library Sale

506046/2016
Justice Dawn Jimenez-Salta

Appellate Division, First Department

Oluwatayo v. Dulinayan, 304570/13

Innocent Driver Not Entitled to Judgment As to Liability as Against Defendant Drivers

304570/13
Justice Dianne Renwick

Supreme Court, Kings County, Part 9

Singh v. Siddique, 12842/12

Doctor Expert Whose Methods Do Not Adhere to Accepted Standards Cannot Testify

12842/12
Justice Debra Silber

District Court, Nassau County, L&T Part

Garry v. Ryan & Henderson, P.C., LT-001617-15

Issues of Fact Exist as to Whether Landlord Promptly Repaired Premises' Parking Garage

LT-001617-15
Justice Scott Fairgrieve

Supreme Court, Kings County, IAS Term, Part 81

Rodriguez v. Soiefer Bros. Realty Corp., 860/13

Worker Injured While 'Cleaning' on a Forklift Is Not Protected by Labor Law 240(1)

860/13
Justice Carl Landicino

Supreme Court, New York County, Commercial Part 48

Cypress Point Investment Partners, LLC v. Sandberg, 653085/2014

Defendants Fail to Show How They Suffered Any Injury from Disclosure of Information

653085/2014
Justice Jeffrey Oing

Supreme Court, New York County, Part 2

Matter of Campbell Apartment, Ltd. v. Metropolitan Transportation Auth., 100532/16

Grand Central Bar Lessee Properly Showed That MTA Improperly Solicited Bids for Lease

100532/16
Justice Kathryn Freed

Supreme Court, Kings County, IAS Part 5G

Crocker C. v. Anne R.

[Index Number Redacted by Court]
Justice Jeffrey Sunshine

Appellate Division, Fourth Judicial Department

People v. Marlo Helms, KA 13-00647

Panel Distinguishes NY and Ga. Burglary

KA 13-00647
Before: Smith, J.P., Centra, DeJoseph, Curran, And Scudder, JJ.

Appellate Division, Third Department

People v. Myron Green, 107343

New Trial Ordered for Driver Impaired by Medication

107343
Before: Peters, P.J., McCarthy, Egan Jr., Lynch and Devine, JJ.

Supreme Court, New York County, Part 46

Rubin Law v. Clerk of New York County, 102190/2015

Court Rules Wrongful Death Case Can't Be Revived

102190/2015
Justice Lucy Billings

Supreme Court, Suffolk County, IAS Part 33

Federal National Mortgage Assoc. v. Karastamatis, 45992-09

Defendants' Claim Federal Regulation X Bars Court From Considering FNMC Motion Rejected

45992-09
Justice Thomas Whelan

Supreme Court, Nassau County

Nationstar Mortgage LLC v. Korber, 004228/2015

Relief Sought Denied as Fact Issues Exist Whether Deed Conveyance Fraudulent, Void

004228/2015
Justice Julianne Capetola

Supreme Court, Kings County, IAS Term, Part 80

Clarke v. 750-760 Pelham Pkwy Owner LLC, 5765/2011

Workers' Compensation Law Barring Labor Law Claims by Worker Inapplicable to Owner

5765/2011
Justice Genine Edwards

Surrogate's Court, New York County

Will of Young, 2013-3862/A

Proponent Directed to Provide Statement No Other Documents Sought in Her Possession

2013-3862/A
Surrogate Rita Mella

Supreme Court, New York County, Part 13

Graham v. 420 East 72nd Tenants Corp., 154712/2015

Issue Raised Co-op Board May Have Engaged in Self-Dealing, Summary Judgment Denied

154712/2015
Justice Manuel Mendez

Appellate Division, Third Department

The People v. Hernandez, 105971

Panel Strikes Conditions of PRS County Court Erroneously Imposed at Sentencing

105971
Before: Peters, P.J., Garry, Rose, Mulvey and Aarons, JJ.

Appellate Division, Third Department

Matter of Sica v. DiNapoli, 522020

Panel Revives Firefighter's Disability Claims for Toxic-Gas Exposure

522020
Before: McCarthy, J.P., Garry, Lynch, Devine and Aarons, JJ.

Supreme Court, Franklin County

Matter of Pearson v. Idoni, 2016-07

County Clerk Granted Dismissal of Inmate's Request for Documents; Disbursements Denied

2016-07
Justice Peter Feldstein

Supreme Court, Clinton County

Patrie v. Camba, 2014-0482

Certain Paragraphs Struck in Bill of Particulars Against Medical Facilities in Malpractice Suit

2014-0482
Justice Robert Muller

Supreme Court, Broome County

M&T Bank v. Farrell, 2014-1913

RPAPL §1304 Applied to Doctor Not Living At Home; Failure to Comply Requires Dismissal

2014-1913
Justice Eugene Faughnan

Supreme Court, New York County, Part 13

Aprile v. Men of Invention LLC, 652726/13

Third, Fourth Counterclaims Conclusory Allegations Without More, Dismissed

652726/13
Justice Manuel Mendez

Supreme Court, New York County, Part 35

Halloran v. CVS Albany L.L.C., 153578/2014

Independent Contractor Had No Duty to CVS Customer; Personal Injury Suit Dismissed

153578/2014
Justice Carol Edmead

Appellate Division, First Department

Matter of City of New York v. 2305-07 Third Ave., LLC, 450370/14

EDPL Article 4 Eminent Domain Proceeding For Harlem Parcels Timely Brought by City

450370/14
Before: Mazzarelli, J.P., Andrias, Richter, Manzanet-Daniels, Kahn, JJ.

Surrogate's Court, Bronx County

Estate of Anne Shepper

Order signed; signed; 2010-2272 -Estate of Anne Shepper; Order signed; signed; 2016-783/A -Estate of Joseph Peter Chandry; Order signed; signed; 2014-505/B -Estate of Frank Mattes; Order signed; signed; 2016-1431 -Estate of Carmen Rosado; Order signed; signed; 2009-1709 -Estate of Adrienne Bono; Order signed; signed; 2015-2406/A -Estate of Maria Santorineou; Decree signed; signed; 2009-2648/A -Estate of W endell McFarlane; Decree signed; signed; 2016-939 -Estate of W anda Denise Perry-Richardson; Decree signed; signed; 2016-918 -Estate of Isabelle Boone; Decree signed; signed; 2016-1397 -Estate of Victoria Fortis; Decree signed; signed; 2016-1206 -Estate of Theodore Brooks; Decree signed; signed; 2016-742/A -Estate of Elias Baez; Decree signed; signed; 2016-538 -Estate of Constantine Philindras

2010-2272
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

253-257 57TH ST. ASSOC., LLC v. RAMOS

2016-19 K C. 253-257 57TH ST. ASSOC., LLC v. RAMOS — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2016, to vacate a stay granted by decision and order on motion of this court dated February 22, 2016. Separate motion by appellant to continue the stay.

2016-19 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

RIGHT AID MED. SUPPLY CORP., A/A/O DIAZ v. HARTFORD INS. CO.

2016-1225 K C. RIGHT AID MED. SUPPLY CORP., A/A/O DIAZ v. HARTFORD INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 9, 2015.

2016-1225 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

840 REALTY, LLC v. ANDREWS

2015-1626 K C. 840 REALTY, LLC v. ANDREWS — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 30, 2015, and to vacate a stay granted by decision and order on motion of this court dated September 21, 2015 and extended by decision and order on motion of this court dated February 24, 2016. By order of this court dated May 23, 2016, the appeal was dismissed for failure to prosecute.

2015-1626 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

MIRANDA v. TELLEZ

2016-1330 Q C. MIRANDA v. TELLEZ — Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 30, 2016.

2016-1330 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. ROSAS, DAVID

2015-1910 K CR. PEOPLE v. ROSAS, DAVID — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 23, 2015, to continue the stay of execution of the judgment, which was granted by the Supreme Court, Kings County, on September 2, 2015, and extended by decision and order on motion of this court dated March 17, 2016.

2015-1910 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

253-257 57TH ST. ASSOC., LLC v. RAMOS

2016-19 K C. 253-257 57TH ST. ASSOC., LLC v. RAMOS — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2016, to vacate a stay granted by decision and order on motion of this court dated February 22, 2016. Separate motion by appellant to continue the stay.

2016-19 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. MATTHEWS, GERARD

2016-633 W CR. PEOPLE v. MATTHEWS, GERARD — 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 Yonkers, Westchester County, entered February 25, 2016, which has been referred to me for determination.

2016-633 W CR
: Marano, P.J.

Appellate Term, Second Judicial Department

PELLEGRINO v. NEW YORK CITY TR. AUTH.

2016-668 K C. PELLEGRINO v. NEW YORK CITY TR. AUTH. — Motion by respondent to dismiss so much of an appeal as is from an order of the Civil Court of the City of New York, Kings County, dated February 5, 2016, on the ground that appellant is not aggrieved by the order. The order, insofar as appealed from, denied appellant's motion to vacate a judgment of the same court entered June 3, 2015. Separate motion by respondent to dismiss, in effect, as untimely so much of the appeal as is from an amended judgment of the same court entered March 28, 2016.

2016-668 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. RODRIGUEZ, RAFAEL

2016-1345 S CR. PEOPLE v. RODRIGUEZ, RAFAEL — Appeal from an order of the District Court of Suffolk County, Fifth District, entered February 24, 2016. The order granted a motion by nonpartyrespondent to withdraw as appellant's counsel.

2016-1345 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

NELSON v. NELSON

2016-996 K C. NELSON v. NELSON — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 10, 2015.

2016-996 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

NEW YORK INFINITY HEALTH CARE, LCSW, P.C. A/A/O WAITES v. PRAETORIAN INS. CO.

2016-1359 K C. NEW YORK INFINITY HEALTH CARE, LCSW, P.C. A/A/O WAITES v. PRAETORIAN INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 19, 2016. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on February 8, 2016 and the notice of appeal was not filed until May 6, 2016.

2016-1359 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Surrogate's Court, Richmond County

Elfriede Hartmann; Peter M. Apice; Barry Lovelace; Thomas K. Choi; Antoinette Marsillo; Susan r. Goldhirsch; Margret Reyes Miller; Mary Valenti; Marcia Paulette DeJesus; Lena Garzetta

MATTER OF: Elfriede Hartmann; Peter M. Apice; Barry Lovelace; Thomas K. Choi; Antoinette Marsillo; Susan r. Goldhirsch; Margret Reyes Miller; Mary Valenti; Marcia Paulette DeJesus; Lena Garzetta


Surrogate Gigante

Surrogate's Court, Richmond County

Helen Matteo; Angela Murphy; Dorothy M. Nevins; Thomas George O'Brien; Frances Pescatore; Edina Pillarella; Christina Pelini; Anthony Jude Pero; Josephine Russo; Gila J. Roth; Eileen E. Schulhoff; Rocco Tinebra; Dennis O'Rourke; Louis F. Perri; Abraham Colon; Joseph F. Cento

MATTER OF: Helen Matteo; Angela Murphy; Dorothy M. Nevins; Thomas George O'Brien; Frances Pescatore; Edina Pillarella; Christina Pelini; Anthony Jude Pero; Josephine Russo; Gila J. Roth; Eileen E. Schulhoff; Rocco Tinebra; Dennis O'Rourke; Louis F. Perri; Abraham Colon; Joseph F. Cento


Surrogate Gigante

Surrogate's Court, Richmond County

Syncere Elon Holland; Ximora Alexis Yancey; Talaysia Kiarah Yancey; Caroline M. Haley; Jake Austin Meyer

MATTER OF: Syncere Elon Holland; Ximora Alexis Yancey; Talaysia Kiarah Yancey; Caroline M. Haley; Jake Austin Meyer


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF SIMON A. GOLDBERG, Deceased

ESTATE OF SIMON A. GOLDBERG, Deceased (85/3169/A) — This is a motion by respondent in a proceeding to compel his account as trustee under the will of Simon Goldberg to (1) restore the proceeding to the calendar; (2) order the petitioner to comply with the terms of a stipulation between the parties which provided, among other things, that the petition "is hereby withdrawn" and that petitioner would file a "Discontinuance of Petition"; and (3) order petitioner to cease certain communications except through his counsel.

85/3169/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SIDNEY STEINMETZ, Deceased

ESTATE OF SIDNEY STEINMETZ, Deceased (08/3839/A) — On March 17, 2014 — more than two years ago — this court rendered a decision in a proceeding commenced by Miriam Steinmetz, pro se, for an order compelling Pearl Herskovitz to account as administrator c.t.a. of the will of Sidney Steinmetz. The decision reads:

08/3839/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HANNELORE KABUSCH, Deceased

ESTATE OF HANNELORE KABUSCH, Deceased (12/904/A) — Decedent Hannelore Kabusch died intestate on September 18, 2010. The Public Administrator's petition to settle her account as administrator of this estate was objected to by alleged distributees, who sought to prove their status.

12/904/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SIDNEY WEISNER, Deceased

ESTATE OF SIDNEY WEISNER, Deceased (91/3783/E) — Harrison J. Weisner has filed a petition: (1) to vacate the August 13, 2014 decree settling the first intermediate account of Melvin Ginsberg as co-trustee and Murray T. Koven as successor co-trustee of the trust for Harrison's benefit under Article NINTH (II) (A) (1) of the will of Sidney Weisner (see CPLR 5015 [a] [4]), and (2) to determine the fair market value of such trust — which had been converted to a unitrust as of January 1, 2002 — for the years 2012, 2013 and 2014 (see EPTL 11-2.4 [c] [7]).1 The co-trustees, Melvin Ginsberg and Murray T. Koven, moved to dismiss the petition. Harrison crossmoved for summary determination.

91/3783/E
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ELLEN MILCHIN, Deceased

ESTATE OF ELLEN MILCHIN, Deceased (11/1480/C) — This proceeding by a co-executor to revoke letters testamentary issued to her co-executor has been on the court's trial calendar. Upon review of the file, the court, sua sponte, removes the matter from the trial calendar and directs each of the fiduciaries to file an account of his or her proceedings, together with a petition for its judicial settlement, on or before September 16, 2016. This proceeding to remove a fiduciary is held in abeyance pending resolution of the accounting proceedings or further order of the court.

11/1480/C
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF JOAN P. KING, Deceased

ESTATE OF JOAN P. KING, Deceased (15/3095) — This is an uncontested proceeding to probate a copy of a lost will dated August 3, 2001. Decedent Joan P. King died on January 4, 2015, survived by her husband and three children. Under the propounded instrument, decedent devised and bequeathed her residuary estate to the Joan P. King Revocable Family Trust, which was also executed on August 3, 2001.

15/3095
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SIDNEY WEISNER, Deceased

ESTATE OF SIDNEY WEISNER, Deceased (91/3783/B);

91/3783/B
Surrogate Mella

Surrogate's Court, Bronx County

Estate of W ayne Mahon

Order signed; signed; 2015-1831 -Estate of W ayne Mahon; Decree signed; signed; 2014-1899 -Estate of Coral Jordan; Decree signed; signed; 2016-1308 -Estate of Jocelyn Alfonso

2015-1831
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Edna Sofi

Order signed; signed; 2008-2740/C -Estate of Edna Sofi; Order signed; signed; 2008-2740/G -Estate of Edna Sofi; Order signed; signed; 2008-2855/B -Estate of Vincent Sofi; Order signed; signed; 2014-767/B -Estate of Viola Ruth Koch; Decree signed; signed; 780A1993A -Estate of Charles Steir; Decree signed; signed; 2010-2051/D -Estate of Tuh King; Decree signed; signed; 2010-32/A -Estate of Margaret Murphy

2008-2740/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of John Alexis Quinonesabreu

Order signed; signed; 4G1998 -Estate of John Alexis Quinonesabreu; Order signed; signed; 2009-1666 -Estate of Christopher Bethel Brown; Order signed; signed; 2009-1665 -Estate of Majien Tanay Brown; Order signed; signed; 2009-1663 -Estate of Keanu Bethel Brown; Order signed; signed; 2012-477 -Estate of Alisha Utopia Hurst; Order signed; signed; 2007-1062/A -Estate of Charlie Joel Ruiz; Decree signed; signed; 2015-2221 - of Eddyomar Lara; Decree signed; signed; 2016-1305 - of Abbey Rose Carless; Decree signed; signed; 2016-806 - of Najaah Amina Yacouba; Decree signed; signed; 2016-902 - of Jahnella Lilieth Nelson; Decree signed; signed; 2015-1209 -Guardianship of Annalie Vega Alfonso

4G1998
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Veronica Massella

Order signed; signed; 2014-1542/A -Estate of Veronica Massella; Order signed; signed; 2012-2652/A -Estate of Tony Andrew Fortune; Decree signed; signed; 2009-2707/B -Estate of W illiam Schirmer; Decree signed; signed; 2008-868/A -Estate of Isabel Lopez

2014-1542/A
Surrogate Malave-Gonzalez

Supreme Court, New York County, Part 13

Taub v. Columbia University, 155657/15

Judge: Columbia's Dismissal of Research Expert, a Key Witness at Silver Trial, Was Flawed

155657/15
Justice Manuel Mendez

Appellate Division, Second Department

People v. Derrick Redd, 2766/08

Citing Prosecutorial Misconduct, Panel Vacates Murder Conviction

2766/08
Before: Dillon, J.P., Leventhal, Chambers, Barros, JJ.

Appellate Division, Third Judicial Department

Matter of Kennedy v. New York City Department of Corrections, 522067

Compensation Board's Cut in Attorney Fees Upheld

522067
Before: Peters, P.J., McCarthy, Egan Jr., Lynch and Devine, JJ.

Supreme Court, Richmond County, Criminal Term Part 15

The People v. Mack, 318/2015

Defendant Found in Custody Without 'Miranda' Warnings; Statement, Gesture Suppressed

318/2015
Justice Wayne Ozzi

Surrogate's Court, New York County

Estate of Sukenik, 2014-20/A

No Authority Supports Reforming Instruments To Minimize Adverse Tax Consequences to Wife

2014-20/A
Surrogate Nora Anderson

Supreme Court, New York County, Part 15

Castlepoint Ins. Co. v. Mangru, 159614/2015

Defendants Fail to Raise Fact Issues of Service, Dismissal for Lack of Jurisdiction Denied

159614/2015
Justice Eileen Rakower

Supreme Court, New York County, Part 13

Byrne-Ling v. City of New York, 156304/2012

Defendants Would Suffer no Substantial Prejudice if Vacatur of Note of Issue Denied

156304/2012
Justice Manuel Mendez

Appellate Division, Fourth Department

The People v. Lawrence, KA 14-00658

Protective Order Vacated as Possessing Firearm in Home Not Crime Between Spouses

KA 14-00658
Before: Centra, J.P., Peradotto, Lindley, DeJoseph, and Nemoyer, JJ.

Appellate Division, Third Department

The People v. Williams, 106908

Factual Basis to Authorize Search Warrant, Strip Search Provided; Judgment Affirmed

106908
Before: Peters, P.J., Garry, Rose, Mulvey and Aarons, JJ.

Surrogate's Court, New York County

ESTATE OF MICHAEL J. STOLLER, Deceased

ESTATE OF MICHAEL J. STOLLER, Deceased (07/2147/F/G/H/I) — At a special calendar of July 6, 2016, the Court granted the petitions of Joshua Stoller: a) to compel David Bodian and Nancy Young to account as co-executors of the will of Michael J. Stoller; b) to compel David Bodian and Nancy Young to account as co-trustees of the trust created under Article THIRD of the will of Michael J. Stoller; c) to remove David Bodian as co-executor; and d) to remove David Bodian as co-trustee of the Article THIRD trust.

07/2147/F/G/H/I
Surrogate Mella

Appellate Term, Second Judicial Department

MIRANDA v. TELLEZ

2016-1330 Q C. MIRANDA v. TELLEZ — Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 30, 2016.

2016-1330 Q C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

840 REALTY, LLC v. ANDREWS

2015-1626 K C. 840 REALTY, LLC v. ANDREWS — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 30, 2015, and to vacate a stay granted by decision and order on motion of this court dated September 21, 2015 and extended by decision and order on motion of this court dated February 24, 2016. By order of this court dated May 23, 2016, the appeal was dismissed for failure to prosecute.

2015-1626 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

NELSON v. NELSON

2016-996 K C. NELSON v. NELSON — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 10, 2015.

2016-996 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

PELLEGRINO v. NEW YORK CITY TR. AUTH

2016-668 K C. PELLEGRINO v. NEW YORK CITY TR. AUTH. — Motion by respondent to dismiss so much of an appeal as is from an order of the Civil Court of the City of New York, Kings County, dated February 5, 2016, on the ground that appellant is not aggrieved by the order. The order, insofar as appealed from, denied appellant's motion to vacate a judgment of the same court entered June 3, 2015. Separate motion by respondent to dismiss, in effect, as untimely so much of the appeal as is from an amended judgment of the same court entered March 28, 2016.

2016-668 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ROSAS, DAVID

2015-1910 K CR. THE PEOPLE v. ROSAS, DAVID — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 23, 2015, to continue the stay of execution of the judgment, which was granted by the Supreme Court, Kings County, on September 2, 2015, and extended by decision and order on motion of this court dated March 17, 2016.

2015-1910 K CR
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

COMPAS MEDICAL, P.C., AS ASSIGNEE OF NELSON JOSNER, app, v. PRAETORIAN INS. CO., res

2014-2502 Q C. COMPAS MEDICAL, P.C., AS ASSIGNEE OF NELSON JOSNER, app, v. PRAETORIAN INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 3, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2014-2502 Q C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

253-257 57TH ST. ASSOC., LLC v. RAMOS

2016-19 K C. 253-257 57TH ST. ASSOC., LLC v. RAMOS — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2016, to vacate a stay granted by decision and order on motion of this court dated February 22, 2016. Separate motion by appellant to continue the stay.

2016-19 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

253-257 57TH ST. ASSOC., LLC v. RAMOS

2016-19 K C. 253-257 57TH ST. ASSOC., LLC v. RAMOS — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2016, to vacate a stay granted by decision and order on motion of this court dated February 22, 2016. Separate motion by appellant to continue the stay.

2016-19 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

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

2014-2144 K C. PROFESSIONAL HEALTH IMAGING, P.C., AS ASSIGNEE OF CAMI NISHON, 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, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint and denied the branches of plaintiff's cross motion seeking summary judgment or, in the alternative, to strike defendant's answer and affirmative defenses, and to compel defendant to respond to discovery demands.

2014-2144 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

RIGHT AID MED. SUPPLY CORP., A/A/O DIAZ v. HARTFORD INS. CO.

2016-1225 K C. RIGHT AID MED. SUPPLY CORP., A/A/O DIAZ v. HARTFORD INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 9, 2015.

2016-1225 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

FAMILY CARE ACUPUNCTURE, PLLC, AS ASSIGNEE OF CASSANDRA LHERISSON, res, v. AMERIPRISE AUTO & HOME, app

2014-2307 Q C. FAMILY CARE ACUPUNCTURE, PLLC, AS ASSIGNEE OF CASSANDRA LHERISSON, res, v. AMERIPRISE AUTO & HOME, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 21, 2014. The order, insofar as appealed from and as limited by the brief, denied the branch of defendant's motion seeking leave to renew defendant's opposition to plaintiff's motion for summary judgment, which had been granted in a prior order of the same court entered May 22, 2014. A judgment was entered on June 5, 2014 pursuant to the May 22, 2014 order, awarding plaintiff the principal sum of $2,112.19.

2014-2307 Q C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

COMPAS MEDICAL, P.C., AS ASSIGNEE OF NELSON JOSNER, app v. PRAETORIAN INS. CO., res

2014-2469 Q C. COMPAS MEDICAL, P.C., AS ASSIGNEE OF NELSON JOSNER, app v. PRAETORIAN INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 2, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2014-2469 Q C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AS SUBROGEE OF KAREN KELLY, app, v. KNISH HACKING CORP., res, -AND- BATOS ANDRZEJ, def

2014-2683 Q C. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AS SUBROGEE OF KAREN KELLY, app, v. KNISH HACKING CORP., res, -AND- BATOS ANDRZEJ, def — Appeal from an order of the Civil Court of the City of New York, Queens County (Willaim A. Viscovich, J.), entered November 7, 2014. The order, insofar as appealed from as limited by the brief, granted the branch of a motion by defendant Knish Hacking Corp. seeking to open its default in answering the complaint.

2014-2683 Q C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RODRIGUEZ, RAFAEL

2016-1345 S CR. THE PEOPLE v. RODRIGUEZ, RAFAEL — Appeal from an order of the District Court of Suffolk County, Fifth District, entered February 24, 2016. The order granted a motion by nonparty-respondent to withdraw as appellant's counsel.

2016-1345 S CR
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MATTHEWS, GERARD

2016-633 W CR. THE PEOPLE v. MATTHEWS, GERARD — 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 Yonkers, Westchester County, entered February 25, 2016, which has been referred to me for determination.

2016-633 W CR
: Marano, P.J.

Appellate Term, Second Judicial Department

NEW YORK INFINITY HEALTH CARE, LCSW, P.C. A/A/O WAITES v. PRAETORIAN INS. CO.

2016-1359 K C. NEW YORK INFINITY HEALTH CARE, LCSW, P.C. A/A/O WAITES v. PRAETORIAN INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 19, 2016. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on February 8, 2016 and the notice of appeal was not filed until May 6, 2016.

2016-1359 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

FRIEDMAN HARFENIST KRAUT & PERLSTEIN, LLP, res, v. JONATHAN PRATT, app

2014-2265 N C. FRIEDMAN HARFENIST KRAUT & PERLSTEIN, LLP, res, v. JONATHAN PRATT, app — Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated May 16, 2014. The order denied defendant's motion to vacate a "default judgment" entered against him and to mark the action settled.

2014-2265 N C
: Garguilo, J.P., Iannacci and Brands, JJ.

Surrogate's Court, Suffolk County

ESTATE OF KONSTANTINOS APOSTOLIDIS, A/K/A CONSTANTINOS APOSTOLIDIS, Deceased

ESTATE OF KONSTANTINOS APOSTOLIDIS, A/K/A CONSTANTINOS APOSTOLIDIS, Deceased (10/3311/A) — In this contested proceeding to determine the validity of a claim, both petitioner/claimant and respondent have filed discovery-related motions. Respondent has filed a motion in which she requests an order, inter alia, (a) compelling claimant pursuant to CPLR 3124 to comply with various discovery requests or, in the alternative, (b) imposing sanctions pursuant to CPLR 3126. Claimant has filed its own motion seeking relief pursuant to CPLR 3124 and 3126 as well as a cross-motion for a protective order striking respondent's discovery requests pursuant to CPLR 2214(a),(b), 2215, and 3103(a) and for sanctions pursuant to 22 NYCRR 130-1-1. For the reasons set forth below, respondent's motion is granted in part and denied in part, claimant's motion pursuant to CPLR 3124 and 3126 is denied, and claimant's cross-motion is granted in part and denied in part.

10/3311/A
Surrogate Czygier

Surrogate's Court, Suffolk County

ESTATE OF RUTH E HOWELL, Deceased

ESTATE OF RUTH E HOWELL, Deceased (14/3328) — In this contested probate proceeding, objectant has filed a motion for summary judgment pursuant to CPLR 3212 and a motion to compel discovery pursuant to CPLR 3124, 3126, and SCPA 2102(6). Petitioners oppose both motions, and crossmove for summary judgment in their favor. For the reasons set forth below, objectant's motion to compel discovery is granted in part and denied in part, objectant's motion for summary judgment is denied, and petitioner's cross-motion for summary judgment is granted in part and denied in part.

14/3328
Surrogate Czygier

Surrogate's Court, New York County

ESTATE OF MICHAEL J. STOLLER, Deceased

ESTATE OF MICHAEL J. STOLLER, Deceased (07/2147/E);

07/2147/E
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HAROLD D. YOUNG, Deceased

ESTATE OF HAROLD D. YOUNG, Deceased (13/3862/A) — In this contested probate proceeding in the estate of Harold D. Young ("decedent"), decedent's sister, Phyllis Brooks ("objectant") has filed her fourth motion to compel proponent to comply with discovery demands. Decedent's other sister, Shirley Cahan, the proponent of the will, has crossmoved for "reconsideration" of her motion seeking summary dismissal of the objections which was granted in part and denied in part by a decision of this court dated November 6, 2015. At the call of the calendar of April 22, 2016, the return date of the motion and the cross-motion, the court heard extensive oral argument from the parties.

13/3862/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SANDRA FALK, Deceased

ESTATE OF SANDRA FALK, Deceased (14/502/A) — After a conference before a court attorney-referee, a dispute between David Lande, the executor of the estate of Sandra Falk, and Apple Bank for Savings, has been resolved. The proceeding by Lande, for an order permitting the estate to retain a portion of wrongly-distributed totten trust account funds, including the motion for summary judgment by Apple Bank for Savings, has been discontinued, with prejudice, pursuant to a stipulation filed in this court in accordance with CPLR §3217(b).

14/502/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MICHAEL J. STOLLER, Deceased

ESTATE OF MICHAEL J. STOLLER, Deceased (07/2147/C);

07/2147/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF CAROLE L. BUTLER, Deceased

ESTATE OF CAROLE L. BUTLER, Deceased (15/593/A) — At the call of the June 28, 2016 calendar, the court heard the unopposed notion of Alvin Fielder, objectant in this estate accounting by the Public Administrator, seeking a judicial subpoena duces tecum pursuant to CPLR §2307, to compel production of decedent's long form birth certificate for purposes of a kinship determination.

15/593/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF MICHAEL J. STOLLER, Deceased

ESTATE OF MICHAEL J. STOLLER, Deceased (07/2147/D);

07/2147/D
Surrogate Mella

Supreme Court, Rockland County

Chestnut Ridge Associates v. 30 Sephar Lane, 14674/10

Zoning Law Targeting Landscaper Ruled Unconstitutional

14674/10
Justice Gerald Loehr

Appellate Division, Fourth Department

Matter of Arbitration, Monroe County Sheriff and Monroe County Deputy Sheriffs'

Arbitrator Wrongly Excluded Evidence, Panel Concludes

CA 15-01676
Before: Whalen, P.J., Carni, Nemoyer, Troutman, and Scudder, JJ.

Appellate Division, Fourth Department

People v. Brenda Roth, KA 15-01259

Panel Reinstates Indictments Against Upstate Woman

KA 15-01259
Before: Centra, J.P., Peradotto, Lindley, DeJoseph, and Curran, JJ.

Family Court, Suffolk County, Part IV

Matter of P.R. v. C.B., V-15266-15/16C

Hearing to Be Held to Decide if Neglect Claims Rise to Level of Extraordinary Circumstances

V-15266-15/16C
Judge Bernard Cheng

Supreme Court, Kings County

The People v. Frederick, 1259-2015

Probable Cause Existed Supporting Issuing Search Warrant; Motion to Controvert Denied

1259-2015
Justice Matthew D'Emic

Surrogate's Court, New York County

Matter of Hoppenstein, 2015-2918/B

Failure to Find Co-Trustees Willfully Neglected To Comply With Court Orders Denies Contempt

2015-2918/B
Surrogate Rita Mella

Surrogate's Court, New York County

Estate of Sideris, 2011-4100/A

Summary Judgment Dismissing Respondents' Objections Granted in Turnover Proceeding

2011-4100/A
Surrogate Nora Anderson

Supreme Court, New York County, Part 21

Rector v. Metropolitan Transp. Auth., 155239/2015

Leave to Amend Complaint to Add Named Driver Granted as No Prejudice Shown

155239/2015
Justice Michael Stallman

Supreme Court, New York County, Part 13

All Craft Fabricators, Inc. v. ATC Assoc. Inc., 156897/13

Inspection of Crates Under UN Conditions Granted; Preliminary Injunction Denied

156897/13
Justice Manuel Mendez

Surrogate's Court, New York County

ESTATE OF RAKESH CHAWLA, Deceased

ESTATE OF RAKESH CHAWLA, Deceased (12/449 A) — The administrator's petition for leave to compromise a cause of action for decedent's wrongful death is granted. The restrictions contained in the letters issued to the administrator are removed, and she is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated 100 percent to the cause of action for wrongful death.

12/449 A
Surrogate Anderson

Appellate Term, First Judicial Department

615 Building Company LLC v. Corsell, Theodora Lee Ex-parte applications are declined

570447/16. 615 Building Company LLC v. Corsell, Theodora Lee Ex-parte applications are declined.

570447/16
: Schoenfeld, J.P., Shulman, 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., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. SHARON MARINER, def-app

16-036. THE PEOPLE, res, v. SHARON MARINER, def-app — Judgement of conviction (Alexander M. Tisch, J., at speedy trial motion; Felicia A. Mennin, J., at jury trial), rendered June 25, 2015, reversed, on the law, defendant's speedy trial motion granted and the accusatory instrument dismissed.

16-036
: Schoenfeld, J.P., Ling-Cohan, J.

Appellate Term, First Judicial Department

25 West 24th Street Realty Corp., v. Gianquinto, Peter et al.

570444/16. 25 West 24th Street Realty Corp., v. Gianquinto, Peter et al.,

570444/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Adeyanju, Deborah v. 118 Equities, LLC, et al.

570451/16. Adeyanju, Deborah v. 118 Equities, LLC, et al.,

570451/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

354 East 66th Street Realty Corp., v. Tower Chemists, Inc.

570450/16. 354 East 66th Street Realty Corp., v. Tower Chemists, Inc.,

570450/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Mutual Redevelopment Houses Inc., v. Pita Pan Inc., & Matta, Lewis Ex-parte applications are declined

570471/16. Mutual Redevelopment Houses Inc., v. Pita Pan Inc., & Matta, Lewis Ex-parte applications are declined.

570471/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF JEAN DECOCK, Deceased

ESTATE OF JEAN DECOCK, Deceased (12/2886/A) — In this final accounting of the Public Administrator as administrator of the estate of Jean DeCock, who died on December 21, 2011, the court is asked to determine the identity of decedent's distributees. Based upon the proof submitted at a kinship hearing before a court attorney-referee in which a guardian ad litem for unknown distributees participated, the court finds that decedent was survived by fourteen paternal first cousins once removed and by no distributees on the maternal side. The court is satisfied that diligent and exhaustive efforts have been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent's death, and that no claim to a distributive share in the estate has been made by any person other than the abovementioned distributees (SCPA 2225). The final report of the guardian ad litem indicates that he is satisfied that the identities of the distributees have been established.

12/2886/A
Surrogate Anderson

Supreme Court, Nassau County, Trial/IAS Part 6

Germana v. National Tire and Brake Service Inc., 605627/14

Non-Active Tortfeasor Not Relieved of Liability For Motor Vehicle Accident Under VTL §388

605627/14
Justice Thomas Feinman

Civil Court, Queens County, Small Claims Part

Crawley v. Johnston, 2983/2015

Landlord Fails to Rebut Claimant's Testimony Of Value of Discarded Bailed Property

2983/2015
Arbitrator Dale Frederick

Supreme Court, Bronx County, IA 20

TV Realty, LLC v. Tower Ins. Co. of N.Y., 306589/2013

Dismissal of Insured's Complaint For Failure To Promptly Notify Insurer of Loss Granted

306589/2013
Justice Kenneth Thompson, Jr.

Civil Court, New York County, Part H

Manhattan Ave. Assoc. v. Payano, 87252/15

Landlord's Failure to Provide Required HUD Notices, Defective Rent Demand Dismiss Petition

87252/15
Judge Michelle Schreiber

Surrogate's Court, New York County

Neuberger Berman Trust Co., v. Schlesinger, 1983/0735 H

Fact Issues Bar Finding Doctrine of Continuous Representation Applied to Toll Three Year SOL

1983/0735 H
Surrogate Nora Anderson

Supreme Court, New York County, IAS Part 6

City of N.Y. v. District Council 37, 450075/2016

Petition Dismissed for Failure to Establish Grounds for Vacating Arbitration Award

450075/2016
Justice Joan Lobis

New York State, Court of Appeals

Matter of State of New York v.
Dennis K., No. 106
Anthony N., No. 107
Richard TT., No. 108

Personality Disorder Considered Factor in Civil Confinement

No. 106 No. 107
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein and Garcia concur, Judge Rivera in a separate concurring opinion. Judge Fahey took no part.

Appellate Division, First Department

People v. Nasean Bonie, 1431/14

News Channel Must Disclose Portions of Jailhouse Interview, Panel Rules

1431/14
Before: Sweeny, J.P., Acosta, Manzanet-Daniels, Gische, Gesmer, JJ.

New York State, Court of Appeals

Mazella v. Beals, No. 119

No. 119
Chief Judge DiFiore and Judges Pigott, Abdus-Salaam, Stein and Garcia concur. Judge Fahey took no part.

Supreme Court, Nassau County, IAS Part 7

Matter of Pidot v. Macedo, 3448/2016

Motion to Compel Placing Candidate's Name On Ballot Denied as Impossible

3448/2016
Justice Arthur Diamond

Supreme Court, Queens County

U.S. Bank, N.A. v. Azad, 708605/2014

Issues Raised if Modification Entered Into Revoking Acceleration Bar Summary Judgment

708605/2014
Justice Robert McDonald

Supreme Court, Queens County, Part 10

Gillett v. The City of N.Y., 705442/14

Worker's Own Conduct Sole, Proximate Cause Of Injuries; Labor Law Claims Dismissed

705442/14
Justice Kevin Kerrigan

Civil Court, Bronx County, Part F

729 Prospect Realty Service Corp. v. Rodriguez, 55313/15

Landlord Violated Orders Staying Re-Letting Premises, Held in Civil, Criminal Contempt

55313/15
Judge Brenda Spears

Civil Court, New York County, Housing Part D

230 W 140 Inc. v. Carter, L&T 50980/2015

Respondent Granted Motion to Preclude Landlord From Introducing Sealed Records

L&T 50980/2015
Judge Sabrina Kraus

Surrogate's Court, Bronx County

Estate of Christopher McIver

Order signed; 112G2006 -Estate of Christopher McIver; Order signed; 252G2001 -Estate of Beth Yireh Diaz; Order signed; 111G2004 -Estate of Leanna Marie Fernandez; Order signed; 2011-2652 -Estate of Miranda Lyn Ferera; Order signed; 2015-253 -Estate of Matthew W illiam Barris; Order signed; 251G2001 -Estate of Christopher Joseph Amato; Order signed; 2012-2951 -Estate of Brandon Blondell Robertson; Order signed; 2014-1378/A -Estate of Aaron Moses Hibbert; Decree signed; 101G2006/A -Guardianship of Breonah Egypt K Anderson; Decree signed; 2015-1910 -Guardianship of Stephanie Marye Colon; Decree signed; 2015-2770 -Guardianship of Jaden Shamel Cochrane; Decree signed; 2015-2697 -Guardianship of Luamis Yari Gerena Acevedo; Decree signed; 2008-635/A -Guardianship of Jakia Amire Fullerton; Decree signed; 2015-2968 -Guardianship of Daniella Nicole Cascione; Decree signed; 2015-2967 -Guardianship of Gianna Terese Cascione

112G2006
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF CLYDE LUCKY, Deceased

ESTATE OF CLYDE LUCKY, Deceased (14/464/A) — At the call of the calendar, this application to compel the executor of the estate of Clyde Lucky to account was granted.

14/464/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF MARGARET MAY OWENS, Deceased

ESTATE OF MARGARET MAY OWENS, Deceased (15/3541/A) — In this contested probate proceeding, the nominated executor (the "proponent") has applied for preliminary letters testamentary.

15/3541/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF NIKI SIDERIS, Deceased

ESTATE OF NIKI SIDERIS, Deceased (11/4100/A) — This is a contested SCPA §2103 proceeding brought by the preliminary executor of the estate of Niki Sideris to recover certain estate property from decedent's three brothers and from the children of one of the brothers. Petitioner moves for summary judgment dismissing the objections and ordering turnover of the property to the estate fiduciary. For the reasons stated herein, the petition is granted.

11/4100/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF JAN T. ARCHACKI, Deceased

ESTATE OF JAN T. ARCHACKI, Deceased (16/1542) — At the call of the calendar on June 17, 2016, and on the consent of the preliminary executor, the court amended its April 29, 2016 order granting preliminary letters testamentary to Damian Dajka on the estate of Jan T. Archacki, as follows: the authority of the preliminary executor is restricted to prohibit him from selling or otherwise disposing of decedent's real estate in Amagansett, New York, until probate of the will or until further order of the court authorizing such disposition. In addition, the preliminary executor is prohibited from encumbering the Amagansett real estate until probate or until further order of the court permitting any such encumbrance.

16/1542
Surrogate Mella

Surrogate's Court, Bronx County

Estate of John Shea

Order signed; 2015-2812 -Estate of John Shea; Order signed; 2016-1207 -Estate of Mildred Kramer; Order signed; 2016-1370 -Estate of Helen Schwartz; Order signed; 2016-1037 -Estate of Julia M Jeffrey; Order signed; 2015-858/A -Estate of Vincent Cannariato; Order signed; 2016-1360 -Estate of Robert Foster; Order signed; 2012-2507/A -Estate of Simon P Gourdine; Order signed; 206A2007/A -Estate of Priscilla Rosenblum; Order signed; 2013-1197/A -Estate of Jean Tedesco; Order signed; 2016-191 -Estate of Catherine Connolly; Order signed; 2016-1418 -Estate of Anthony Vricella; Decree signed; 2016-290 -Estate of David Federman; Decree signed; 2016-290/A -Estate of David Federman; Decree signed; 2016-1050 -Estate of Martin O'Grady; Decree signed; 2011-3153/A -Estate of David Chester; Decree signed; 2016-1167/A -Estate of Irma Greenbaum; Decree signed; 2016-1044 -Estate of Joseph J. Staniorski; Decree signed; 2016-1167 -Estate of Irma Greenbaum; Decree signed; 2015-764 -Estate of Thomas Jones; Decree signed; 2016-903/A -Estate of Patrick Lynch; Decree signed; 2015-2248/D -Estate of Mamie McIver; Decree signed; 2016-972/A -Estate of Faye Piccolino; Decree signed; 2016-448 -Estate of Saleh Mohammed Jambo; Decree signed; 2016-1346 -Estate of Dorothy T. Donovan; Decree signed; 2016-972 -Estate of Faye Piccolino

2015-2812
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Steven Narvaez

Order signed; 2012-68/A -Estate of Steven Narvaez; Order signed; 2014-269/B -Estate of Sylvester Patterson; Order signed; 2009-922/A -Estate of Louis Miro; Decree signed; 2016-865 -Estate of Daphne Tracey; Decree signed; 2015-1994 -Estate of Emerson Hodge; Decree signed; 2015-2954 -Estate of Ella Madrigal; Decree signed; 2016-828 -Estate of Edward Horatio; Decree signed; 2015-1969 -Estate of Irene Friedlander; Decree signed; 2014-2043 -Estate of Stanford Grant; Decree signed; 2015-1643 -Estate of Carmela Zavattoni; Decree signed; 2016-763 -Estate of Monica DelVecchio; Decree signed; 2015-2984 -Estate of Alan Cupero; Decree signed; 2016-887 -Estate of Frank Fodi

2012-68/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Diomedes Domingo Nunez

Order signed; 2013-179/B -Estate of Diomedes Domingo Nunez; Order signed; 2011-1502/A -Estate of Leeann W hite; Order signed; 2009-568/N -Estate of Eitan Haber; Order signed; 222P2005/A -Estate of Lillian Musco; Order signed; 578P1994/F -Estate of Alan J Marcus; Order signed; 578P1994/F -Estate of Alan J Marcus; Decree signed; 2010-1797/A -Estate of Emanuel Eimer; Decree signed; 20A2006/B -Estate of Patrick Gleeson; Decree signed; 2011-1098/A -Estate of Daniel Driscoll; Decree signed; 2009-2135/B -Estate of Alex Grande; Decree signed; 2013-690/A -Estate of Camille Maialo

2013-179/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Lillian Musco

Order signed; 222P2005A -Estate of Lillian Musco; Order signed; 2014-2136/A -Estate of Doris Gonzalez Alomar; Order signed; 578P1994/G -Estate of Alan J Marcus; Order signed; 2011-2815/D -Estate of W illiam Turner; Order signed; 2014-775/A -Estate of W illiam W all; Order signed; 578P1994/G -Estate of Alan J Marcus; Order signed; 578P1994/G -Estate of Alan J Marcus; Order signed; 578P1994/G -Estate of Alan J Marcus; Decree signed; 2007-271/E -Estate of Awilda Orta; Decree signed; 2011-245/D -Estate of Margaret Bacek; Decree signed; 2011-1679/A -Estate of Robert McStravick

222P2005A
Surrogate Malave-Gonzalez

Surrogate's Court, Kings County

Estate of Elesteen Steptoe, 2015-109

Objectant Granddaughter Denied Summary Judgment in Bid to Deny Petitioner Letters

2015-109
Surrogate Margarita Lopez Torres

County Court, Yates County

Matter of License To Carry a Pistol Issued to Donna L. McKay

No Adjudication of Mental Incompetency Made; Reinstatement of Firearms Granted

[Index Number Redacted by Court]
Judge Patrick Falvey

Supreme Court, New York County, Part 22

Beras v. Vigorito, 154787/14

Conflicting Expert Medical Opinions Preclude Summary Judgment Dismissal

154787/14
Justice Leticia Ramirez

Surrogate's Court, Oneida County

Matter of R.

Father Establishes Consent to Children's Adoption Needed; Adoption Petitions Dismissed

[Index Number Redacted by Court]
Surrogate Louis Gigliotti

Supreme Court, Ulster County

Lang v. Vandelay Realty LLC, 14-3637

Plaintiff's Injuries Could Have Been Foreseeable; Trier of Fact to Determine Causation

14-3637
Justice Lisa Fisher

City Court, Warren County

The People v. Riggins, 2007-0513

Record Reveals Knowing, Voluntary Waiver Of Constitutional Rights, Plea; Vacatur Denied

2007-0513
Judge Gary Hobbs

New York State, Court of Appeals

Pasternack v. Laboratory Corporation, No. 112

Ruling Rejects Duty-of-Care Claim for Drug-Testing Lab

No. 112
Chief Judge DiFiore and Judges Pigott and Garcia concur. Judge Stein dissents in part in an opinion. Judge Fahey dissents in an opinion in which Judge Rivera concurs.

Appellate Division, First Department

Stock v. Schnader Harrison Segal &; Lewis, 651250/13

Client Has No Claim to Lawyer's Communication With Firm GC

651250/13
Before: Mazzarelli, J.P., Friedman, Richter, Manzanet-Daniels, Gische, JJ.

Surrogate's Court, Bronx County

ESTATE OF HORACE BULLARD, Deceased

ESTATE OF HORACE BULLARD, Deceased (13/1100/D) — On the adjourned date of this discovery proceeding, there was no appearance by any party. As a result, the court marked the matter "off calendar." The matter may be restored by any party upon two weeks' written notice to the court and all parties.

13/1100/D
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

351 East 4th Street LLC v. Hong Tang

570426/16. 351 East 4th Street LLC v. Hong Tang

570426/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

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

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

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

Appellate Term, First Judicial Department

CF E 86 LLC et al v. Rosenberg, Rudolph Ex-parte application is denied

571200/15. CF E 86 LLC et al v. Rosenberg, Rudolph Ex-parte application is denied.

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

Appellate Term, First Judicial Department

THE PEOPLE, res, v. JOSE ANDUJAR, def-app

12-202. THE PEOPLE, res, v. JOSE ANDUJAR, def-app — Judgment of conviction (Frank P. Nervo, J., on dismissal motion; Anthony J. Ferrara J., at trial and sentence), rendered October 26, 2011, affirmed.

12-202
: Hunter, Jr., J.P., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Titan West Associates v. Guach, Emila et al.

570433/16. Titan West Associates v. Guach, Emila et al.,

570433/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. JAMES SHOWELL, def-app

13-046. THE PEOPLE, res, v. JAMES SHOWELL, def-app — Judgment of conviction (Joanne D. Quinones, J.), rendered July 30, 2012, affirmed.

13-046
: Hunter, Jr., J.P., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Lexington 100 Properties LLC v. Yahav, Saar

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

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

Appellate Term, First Judicial Department

237 Realty LLC v. Crawford, Anita L.

570448/16. 237 Realty LLC v. Crawford, Anita L.

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

Appellate Term, First Judicial Department

People's United Bank et al., v. Brown, Albert

570442/16. People's United Bank et al., v. Brown, Albert

570442/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

615 Building Co., LLC v. Corsell, Theodora Lee et al.

570447/16. 615 Building Co., LLC v. Corsell, Theodora Lee et al.,

570447/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF JOSEPH GUBERMAN, Deceased

ESTATE OF JOSEPH GUBERMAN, Deceased (14/4765/A) — This is an uncontested proceeding to probate an instrument dated May 5, 2010, as the lost will of Joseph Guberman.

14/4765/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ERWIN HEITZENEDER, Deceased

ESTATE OF ERWIN HEITZENEDER, Deceased (13/3026/A) — Incident to her final accounting in the estate of Erwin Heitzeneder, the Public Administrator requests a determination of the identity of decedent's distributees.

13/3026/A
Surrogate Anderson

Surrogate's Court, Bronx County

ESTATE OF STANFORD GRANT, Deceased

ESTATE OF STANFORD GRANT, Deceased (14/2043) — In this proceeding by a daughter of the decedent for the issuance of letters of administration, a waiver and consent was filed by a son, and another son was served with supplemental citation and defaulted.

14/2043
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALEX GRANDE, ALSO KNOWN AS ALEXANDER GRANDE, ALSO KNOWN AS ALEXANDER J. GRANDE, Deceased

ESTATE OF ALEX GRANDE, ALSO KNOWN AS ALEXANDER GRANDE, ALSO KNOWN AS ALEXANDER J. GRANDE, Deceased (09/2135/B) — The administrator, one of the decedent's two sons and his only distributees, seeks to distribute from his attorneys' escrow account the remaining settlement proceeds of a personal injury cause of action. 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.

09/2135/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF LAURA KRELL, Deceased

ESTATE OF LAURA KRELL, Deceased (14/1778) — On the return date of this application by an alleged creditor for the issuance of letters of administration to the Public Administrator, jurisdiction was obtained over an attorney who is the nominated executor of an alleged testamentary instrument, who defaulted, and the Public Administrator appeared and consented to the issuance of letters.

14/1778
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF STEVEN NARVAEZ, Deceased

ESTATE OF STEVEN NARVAEZ, Deceased (12/68/A) — In this application by counsel for the respondent, the brother of the decedent and the designated administrator, seeking to withdraw as his attorney, there was no appearance in opposition.

12/68/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF FRANK FODI, Deceased

ESTATE OF FRANK FODI, Deceased (16/887) — In this application by Public Administrator for the issuance of letters of administration, there was no appearance in opposition. Accordingly, the application is granted, and letters of administration shall issue to the Public Administrator.

16/887
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF DANIEL DRISCOLL, ALSO KNOWN AS DANIEL J. DRISCOLL, Deceased

ESTATE OF DANIEL DRISCOLL, ALSO KNOWN AS DANIEL J. DRISCOLL, Deceased (11/1098/A) — The executor, the decedent's spouse and sole testamentary beneficiary, 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 order, inter alia, directed payment of counsel fees, disbursements and a Medicare claim.

11/1098/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF IRMA GREENBAUM, Deceased

ESTATE OF IRMA GREENBAUM, Deceased (16/1167) — In this uncontested probate proceeding, the nominated executor, the attorney who drafted the propounded instrument dated November 14, 2000, submits a separate written acknowledgment of disclosure regarding commissions, dated the same date, which was signed by the testator in the presence of a witness. The acknowledgment contains only three of the four disclosures presently required in an acknowledgment of disclosure under SCPA 2307-a. Specifically, it lacks the statement in the 2004 amendment to SCPA 2307-a, effective November 16, 2004, which is embodied in the models of acknowledgment of disclosure provided in SCPA 2307-a (3) (a) (iii) that, "absent execution of this disclosure of acknowledgment, the attorney who prepared the will,... who serves as an executor shall be entitled to one-half the commissions he or she would otherwise be entitled to receive." That same language was added to SCPA 2307-a (1) (c) as a statutory requirement in 2007, when other provisions of SCPA 2307-a were also amended (see Matter of Buckley, 29 Misc 3d 1059, 1063 n 2 [Sup Ct, Oneida County [2010], citing L 2007, ch. 488, effective August 31, 2007).

16/1167
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF GIANNA T. C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF GIANNA T. C., AN ALLEGED MENTALLY RETARDED PERSON (15/2967) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2967
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EMANUEL EIMER, Deceased

ESTATE OF EMANUEL EIMER, Deceased (10/1797/A) — The administrator, one of the decedent's sons, seeks to distribute from his 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 and disbursements.

10/1797/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JADEN S. C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JADEN S. C., AN ALLEGED MENTALLY RETARDED PERSON (15/2770) — 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 and property of the respondent, an alleged mentally retarded person.

15/2770
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EITAN HABER, Deceased

ESTATE OF EITAN HABER, Deceased (09/568/N) — On the adjourned return date of an order to show cause by one of the decedent's sons seeking, inter alia, to extinguish possible claims for legal fees and costs incurred by two daughters in this estate, the son appeared with counsel, the executor, another son, also appeared by counsel, the two daughters appeared pro se, and their former counsel participated by telephone conference. A stipulation was entered into by all parties and counsel on the record in open court, the terms of which, are, inter alia, that: (1) former counsel represented that it was paid in full; (2) the two daughters would not assert any claims against the son for legal fees or disbursements; (3) all outstanding issues concerning the estate and the parties were resolved; (4) all parties and present and former counsel would exchange mutual releases; (5) the son and the daughters would provide receipts and releases to the executor; (6) the son's proceeding was withdrawn; and, (7) no further proceedings would be required to finalize the estate and effectuate distribution.

09/568/N
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF LILLIAN MUSCO, Deceased

ESTATE OF LILLIAN MUSCO, Deceased (22P/05 and 22P/05/A) — On the prior return date of separate motions to restore a compulsory accounting proceeding filed by the one of the decedent's two daughters (the movant) and a SCPA 2103 turnover proceeding by the executor, the decedent's son, against the daughters and a former estate attorney, the movant, executor and the former estate attorney filed a written stipulation pursuant to which, inter alia: (1) the daughters were to deliver receipts and releases to the executor; (2) the former estate attorney was to refund a portion of the legal fees previously paid by the executor; and, (3) the two pending motions would be withdrawn upon compliance with the terms of that stipulation. On the adjourned return date of the motions, the parties filed another written stipulation, inter alia, requesting to withdraw both motions as both daughters complied with the terms of the stipulation.

22P/05 and 22P/05/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF DANIELLA N.C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF DANIELLA N.C., AN ALLEGED MENTALLY RETARDED PERSON (15/2968) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2968
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF PATRICK GLEESON, Deceased

ESTATE OF PATRICK GLEESON, Deceased (06/B/20A) — The administrator, the decedent's daughter, seeks to distribute from her attorneys' escrow account the remaining proceeds of a personal injury cause of action that was settled in the Supreme Court, New York County, before a Special Master. The cause of action arose from the decedent's exposure to asbestos.

06/B/20A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF LUAMIS Y. G. A., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF LUAMIS Y. G. A., AN ALLEGED MENTALLY RETARDED PERSON (15/2697) — 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.

15/2697
Surrogate Malave-Gonzalez

New York State, Court of Appeals

In the Matter of New York City Asbestos Litigation. No. 83
and
In the Matter of Eighth Judicial District Asbestos Litigation. No. 84

Manufacturers Have Duty to Warn of Asbestos-Laden Parts

No. 83 No. 84
Both cases: Judges Pigott, Rivera, Stein and Fahey concur. Judge Garcia concurs in result in a separate concurring opinion. Chief Judge DiFiore took no part.

Criminal Court, Queens County, Part AP-1

People v. Isaac Sanson, 2015QN008701

Queens Judge Strikes Down Pedestrian Protection Law

2015QN008701
Judge Gia Morris

Appellate Division, Second Department

People v. Roodly Loiseau, 3946/13

Breach of Attorney-Client Privilege Results in New Trial

3946/13
Before: Eng, P.J., Roman, Lasalle, Barros, JJ.

Supreme Court, New York County, Part 13

Orellana v. Macy's Retail Holdings, 453060/2015

Macy's Barred From Detaining Shoplifters, Demanding Damages

453060/2015
Justice Manuel Mendez

Supreme Court, Suffolk County, I.A.S. Part 38

Landow v. Atlantic Property, LLC, 605572-2016

Absent Tolling Provisions, Claims to Deem Post-Nuptial Agreement Terms Valid Untimely

605572-2016
Justice William Ford

Criminal Court, Queens County, Part AP-4

The People v. McGovern, 2016QN002431

Instrument Charging Defendant With Criminal Contempt Dismissed as Facially Insufficient

2016QN002431
Judge Bruna Dibiase

Surrogate's Court, Kings County

Estate of Bowser, 2014-1441/A

Granddaughter Entitled to Summary Judgment On Applicability of Anti-Lapse Statute

2014-1441/A
Surrogate Margarita Lopez Torres

Supreme Court, New York County, Part 7

Budget Truck Rental, LLC v. Mollo, 150666/15

Company Ordered to Provide Privilege Log For Documents Sought; Striking Answer Denied

150666/15
Justice Gerald Lebovits

Surrogate's Court, Bronx County

ESTATE OF CARMELA ZAVATTONI, Deceased

ESTATE OF CARMELA ZAVATTONI, Deceased (15/1643) — On the return date of this application by a daughter of the decedent seeking letters of administration, jurisdiction was obtained over the decedent's only other distributee, another daughter, and she defaulted.

15/1643
Surrogate Malave-Gonzalez

Surrogate's Court, Westchester County

ESTATE OF CAROLE PALMIERI, Deceased

ESTATE OF CAROLE PALMIERI, Deceased (12/1154) — In this contested probate proceeding, Rosemary Bellinger ("respondent") moves this court for an order (i) precluding Patricia Palmieri ("petitioner") from offering evidence on the undue influence issue and/or determining that issue in favor of respondent; (ii) suppressing admission and use at the trial of this will contest the tape recordings1; (iii) suppressing admission and use at trial of derivative materials from the tape recordings, including copies of all or part of the tape recordings, transcripts thereof, and testimony concerning their contents; and (iv) granting respondent such other and further relief as to the court may seem just and proper. The motion is granted in part, as more fully set forth herein.

12/1154
Surrogate Walsh

Surrogate's Court, New York County

Estate of ALICJA CORNING CLARK, Deceased

Estate of ALICJA CORNING CLARK, Deceased (16/762/A) — After conference with the court, this miscellaneous proceeding in the estate of Alicja Corning Clark has been discontinued pursuant to a stipulation on file with the court.

16/762/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF REUBEN HOPPENSTEIN, Grantor

ESTATE OF REUBEN HOPPENSTEIN, Grantor (15/2918/A) — Before the court at the call of the June 14, 2016 calendar were two contempt proceedings brought by Cheryl Hoppenstein against Ava Hoppenstein Shore and Charles H. Hoppenstein, respectively, as well as motions to dismiss the contempt petitions, and a motion by Cheryl and her children, as objectants in the accounting proceeding commenced by co-trustees Ava, Charles, and Nathan Davidovich, seeking disclosure and a preliminary injunction. After oral argument, the court determined these applications as follows.

15/2918/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF CHARLES SUKENIK, Deceased

ESTATE OF CHARLES SUKENIK, Deceased (14/20/A) — Petitioner, the wife of decedent Charles Sukenik, asks the court to reform an inter vivos trust he established, as well as the IRA beneficiary designation form he executed in which he left his IRA to petitioner. The purpose of the reformation is to remedy "inefficient estate and income tax planning" which, absent the requested reformation, will result in petitioner's incurring an income tax liability of approximately $1.6 million.

14/20/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF LAWRENCE J. CORNECK, Deceased

ESTATE OF LAWRENCE J. CORNECK, Deceased (14/4693/B) — Despite having had more than two years and having further been directed in open court on February 26, 2016 to do so, respondent Stewart D. Pollak, as preliminary executor, has failed to show to the satisfaction of the court that jurisdiction has been obtained over the necessary parties in his underlying proceeding to probate the will of decedent Lawrence Corneck. That failure, along with other allegations of delay, serves as the grounds for respondent's removal sought in this proceeding by petitioner Norman Field, who is the nominated successor executor in the will offered for probate. Pursuant to an order of this court dated April 7, 2016, as modified, the preliminary executor filed a responsive pleading, but that document failed to establish that jurisdiction over the necessary parties had been obtained by April 5, 2016, the deadline set in open court on February 26, 2016, for the preliminary executor to complete that task.

14/4693/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF NOEL KIT YUK LAM, Deceased

ESTATE OF NOEL KIT YUK LAM, Deceased (14/2863/C) — This accounting proceeding by the administrator of the estate of Noel Kit Yuk Lam has been discontinued pursuant to a stipulation filed with the court.

14/2863/C
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF JAMES S. MANCATO, Deceased

ESTATE OF JAMES S. MANCATO, Deceased (15/429) — In this contested probate proceeding, the preliminary executor, John Brancato, moves for an order pursuant to SCPA 2303 requiring non-domiciliary objectant, Bessie Lobato, to provide security for costs.

15/429
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF REUBEN HOPPENSTEIN, Grantor

ESTATE OF REUBEN HOPPENSTEIN, Grantor (15/2918/C);

15/2918/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF WILLIAM STECKO, Deceased

ESTATE OF WILLIAM STECKO, Deceased (01/2136) — This petition for leave to allocate the proceeds of the settlement of the causes of action for decedent's conscious pain and suffering and wrongful death arising out of decedent's exposure to asbestos, and to distribute the net settlement proceeds, is granted.

01/2136
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF CHARLES WINICK, Decedent

ESTATE OF CHARLES WINICK, Decedent (15/2576) — At the call of the calendar on June 17, 2016, the court entertained: 1) a motion by decedent's son to compel the production of the attorney-drafter's file in its entirety in this probate proceeding; and 2) a cross-motion by decedent's daughter seeking a protective order shielding from disclosure communications between cross-movant's attorney and petitioner, who is the attorney-drafter and the will's proponent, during a period of time when petitioner was drafting testamentary instruments for decedent. Movant has sought these communications in his pre-objection discovery demands and disclosure of these communications is also the subject of the motion, movant having taken the position that they are or should be part of the attorneydrafter's file.

15/2576
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF REUBEN HOPPENSTEIN, Grantor

ESTATE OF REUBEN HOPPENSTEIN, Grantor (15/2918/B);

15/2918/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF NOEL KIT YUK LAM, Deceased

ESTATE OF NOEL KIT YUK LAM, Deceased (14/2863/B) — This petition to compel an accounting and for related relief in the estate of Noel Kit Yuk Lam has been discontinued pursuant to a stipulation filed with the court.

14/2863/B
Surrogate Anderson

Surrogate's Court, Bronx County

GUARDIANSHIP OF RUBEN C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF RUBEN C., AN ALLEGED MENTALLY RETARDED PERSON (15/2138) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2138
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ALAN CUPERO, Deceased

ESTATE OF ALAN CUPERO, Deceased (15/2984) — In this application for the issuance of letters of administration to the decedent's niece, jurisdiction was obtained over the decedent's sister and there was no appearance in opposition. Accordingly, in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner upon her filing a bond in the penal sum of $80,000.

15/2984
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF KYRA M., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF KYRA M., AN ALLEGED MENTALLY RETARDED PERSON (15/2674) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2674
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF NATHANIEL E. A. S., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF NATHANIEL E. A. S., AN ALLEGED MENTALLY RETARDED PERSON (15/2887) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2887
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JEFFRY J. L., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JEFFRY J. L., AN ALLEGED MENTALLY RETARDED PERSON (16/182) — 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.

16/182
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF STEPHANIE M. C., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF STEPHANIE M. C., AN ALLEGED MENTALLY RETARDED PERSON (15/1910) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/1910
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF REGINALD CLAXTON, Deceased

ESTATE OF REGINALD CLAXTON, Deceased (15/410) — In this application by a son of the decedent for the issuance of limited letters of administration, a consent to the application was filed by the decedent's daughter and citation issued to two other sons. On the return date of citation, there was no appearance in opposition and the matter was marked submitted, subject to verification of proof of service. It now appears that jurisdiction is complete.

15/410
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF MARY A. S., A MENTALLY RETARDED PERSON

GUARDIANSHIP OF MARY A. S., A MENTALLY RETARDED PERSON (80/A/380G) — This is an application for the appointment of the respondent's sister as successor guardian of the person of the respondent. Letters of guardianship issued to the respondent's nowdeceased mother by decree dated December 19, 1980 and the petitioner herein was appointed standby guardian at that time. The Mental Hygiene Legal Service, First Department (MHLS) does not oppose the application.

80/A/380G
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JORGE A. S., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JORGE A. S., AN ALLEGED MENTALLY RETARDED PERSON (16/80) — 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.

16/80
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HERBERT BROWN, Deceased

ESTATE OF HERBERT BROWN, Deceased (15/2315) — On an adjourned return date in this application by one of the decedent's daughters for letters of administration, a son of the decedent who appeared on the original return date and requested time to file objections did not appear and executed a waiver and consent to the daughter's petition. The other two distributees had previously executed waivers and consents. Accordingly, in the absence of any opposition the application is granted and letters of administration shall issue to the petitioner upon her posting a bond in the penal sum of $165,000.

15/2315
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF JACQUELINE D. R., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF JACQUELINE D. R., AN ALLEGED MENTALLY RETARDED PERSON (15/2305) — 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.

15/2305
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF GERALD GRAZIANI, ALSO KNOWN AS GERARD GRAZIANI, Deceased

ESTATE OF GERALD GRAZIANI, ALSO KNOWN AS GERARD GRAZIANI, Deceased (02/G/949A) — In this proceeding, the administrators, two of the decedent's three sisters and only distributees, seek to distribute from their 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 and disbursements.

02/G/949A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EDITH STAPLETON, Deceased

ESTATE OF EDITH STAPLETON, Deceased (13/1653/C) — In this cross petition by a son of the decedent, the voluntary administrator, for the issuance of letters of administration, process was served upon another son and an alleged creditor, the petitioner, who previously withdrew its application for the issuance of letters of administration to the Public Administrator or any eligible distributee, without any appearance in opposition.

13/1653/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF BORIS J. L. C., ALSO KNOWN AS BORIS J.L., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF BORIS J. L. C., ALSO KNOWN AS BORIS J.L., AN ALLEGED MENTALLY RETARDED PERSON (15/2312) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2312
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF BRIAN W. G., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON

GUARDIANSHIP OF BRIAN W. G., AN ALLEGED DEVELOPMENTALLY DISABLED PERSON (16/438) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged developmentally disabled person.

16/438
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF FRANCISCO A. S., AN ALLEGED MENTALLY RETARDED PERSON

GUARDIANSHIP OF FRANCISCO A. S., AN ALLEGED MENTALLY RETARDED PERSON (15/2254) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

15/2254
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CAROLYN LORENSON HEITNER, also known as CAROLYN HEITNER, Deceased

ESTATE OF CAROLYN LORENSON HEITNER, also known as CAROLYN HEITNER, Deceased (16/931) — In this probate proceeding the nominated executor, who drafted the propounded instrument dated March 11, 2016, submits a separate written acknowledgment of disclosure regarding commissions, dated the same date, which was signed by the testator in the presence of two witnesses.

16/931
Surrogate Malave-Gonzalez

New York State, Court of Appeals

People v. Jamell McCullough, No. 105

Appeals Court Tackles Expert Testimony on Eyewitness ID

No. 105
Judge Rivera dissents and votes to affirm in an opinion in which Judges Abdus-Salaam and Fahey concur.

New York State, Court of Appeals

People v. Sparkle Daniel, No. 117

No. 117
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Nadine Panton, No. 118

No. 118
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Appellate Division, First Department

Matter of Castro v. Schriro, 101472/13

Panel Revives Guard’s Challenge to His Termination

101472/13
Before: Acosta, J.P., Renwick, Andrias, Moskowitz, JJ.

Civil Court, New York County, Part 102

Christopher M. Mitchell, Plaintiff v. Madeline R. Snider, Defendant, CV-017738-14

Dog Jointly Owned by Plaintiff, His Ex-Girlfriend Who Is Entitled to Sole Possession; Dog Lived With Woman,at Same Location, for Past 4 1/2 Years

CV-017738-14
Judge Erika Edwards

Supreme Court, New York County, IAS Part 61

Miller v. Fusion Analytics Holdings, LLC, 151023/2015

Triable Issues Exist Not Entitling Either Party To Judgment on Elder Financial Abuse Claim

151023/2015
Justice Barry Ostrager

Supreme Court, Suffolk County, IAS Part 48

Krishnan v. Suffolk Anesthesiology Associates, P.C., 611048/2015

SAA Granted Preliminary Injunction Against Doctor Prohibiting Practice in Anesthesiology

611048/2015
Justice Jerry Garguilo

Civil Court, Queens County, Small Claims Part

Davidoff v. Lacosta, 3223/2015

Doctrine of Collateral Estoppel Inapplicable; Claimant Awarded Judgment for Car Damage

3223/2015
Arbitrator Dale Frederick

Supreme Court, Kings County, IAS Term, Part 7

Campbell v. The City of N.Y., 19055/2013

Striking Defendants' Answer For Failing To Produce Officers for Depositions Granted

19055/2013
Justice Lara Genovesi,

Supreme Court, New York County, IAS Part 48

Macy's, Inc. v. J.C. Penney Corp., Inc., 650197/2012

Court Denies Macy's Motion to Reject JHO's Report, Denies JCP a Protective Order

650197/2012
Justice Jeffrey Oing

Supreme Court, New York County, Part 11

Nwankwo v. New York-Presbyterian, 150800/12

Reargument Granted on Issue if Dismissal Proper for Failing to Appoint Representative

150800/12
Justice Joan Madden

Surrogate's Court, Richmond County

James Chukalas; Charles Garofalo; John Andrillo; Daniel J. Colasanto; August A. Alvarez; Marie Bonomo; Marylou Cerqua; Vincent Crispino; John D'Antonio; Dorothy A. Duffy; Marie Fiumara; Ruth Fressola; Elizabeth Giammarino; James L. Holley; August J. Kempf; Clara Hormann; Joseph Mosscrop; Luba Moringlan; Michael Mezzacappa

MATTER OF:; James Chukalas; Charles Garofalo; John Andrillo; Daniel J. Colasanto; August A. Alvarez; Marie Bonomo; Marylou Cerqua; Vincent Crispino; John D'Antonio; Dorothy A. Duffy; Marie Fiumara; Ruth Fressola; Elizabeth Giammarino; James L. Holley; August J. Kempf; Clara Hormann; Joseph Mosscrop; Luba Moringlan; Michael Mezzacappa


Surrogate Gigante

Appellate Term, First Judicial Department

Common Ground Community H.D.F.C. v. Curry, Cornell

570224/11. Common Ground Community H.D.F.C. v. Curry, Cornell

570224/11
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. RAHEEM MAZYCK, def-app

15-043. THE PEOPLE, res, v. RAHEEM MAZYCK, def-app — Judgment of conviction (Anil C. Singh, J.), rendered September 28, 2013, reversed, on the law, and the matter remanded for further proceedings on the accusatory instrument.

15-043
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

People v. Rogers, Benjamin

570601/11. People v. Rogers, Benjamin

570601/11
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Brown, Melvin

570396/15. People v. Brown, Melvin

570396/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Second 82nd Corp., v. Veiders, Raymond Robin

570261/11. Second 82nd Corp., v. Veiders, Raymond Robin

570261/11
: Shulman, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

TC ACUPUNCTURE, P.C., A/A/O YVETTE DESSIN, plf-app, v. TRI-STATE CONSUMER INS. CO., def-res

16-158. TC ACUPUNCTURE, P.C., A/A/O YVETTE DESSIN, plf-app, v. TRI-STATE CONSUMER INS. CO., def-res — Order (James E. d'Auguste, J.), entered August 7, 2013, modified by reinstating plaintiff's claims for firstparty no-fault benefits for services rendered July 1, 2010 through July 8, 2010; as modified, order affirmed, with $10 costs.

16-158
: Hunter, Jr., J.P., Lowe, III, Ling-Cohan, JJ.

Appellate Term, First Judicial Department

Allerton Avenue Associates LLC v. NTR Corp.

570316/16. Allerton Avenue Associates LLC v. NTR Corp.,

570316/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Butler, Willie

570420/16. People v. Butler, Willie

570420/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

JDM Washington LLC v. Renak, Younes Ex-parte application is declined

570455/16. JDM Washington LLC v. Renak, Younes Ex-parte application is declined.

570455/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Tow, Andrew

570918/15. People v. Tow, Andrew

570918/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Davis, Nashawn

571419/15. People v. Davis, Nashawn

571419/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Lugo, Luis

571144/15. People v. Lugo, Luis

571144/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

BRG 321 LLC, pet-land-app, v. LESLIE HIRSCHORN, res-tent-res, -AND- FREDERICO DIMATTIA, res-tent

16-172. BRG 321 LLC, pet-land-app, v. LESLIE HIRSCHORN, res-tent-res, -AND- FREDERICO DIMATTIA, res-tent — Final judgment (Phyllis K. Saxe, J.), entered on or about June 18, 2015, insofar as appealed from, affirmed, with $25 costs.

16-172
: Hunter, Jr., J.P, Lowe, III, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

ELK 300 E 83 LLC, pet-land-app, v. ROSEMARY DOWD, restent, -AND- MICHAEL DOWD AND CATHERINE DOWD, res-und-res

16-217. ELK 300 E 83 LLC, pet-land-app, v. ROSEMARY DOWD, restent, -AND- MICHAEL DOWD AND CATHERINE DOWD, res-und-res — Order (Michael L. Weisberg, J.), dated December 23, 2015, affirmed, with $10 costs.

16-217
: Hunter, Jr., J.P, Lowe, III, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Jacob Estates, LLC v. Gil, Belkis

570446/16. Jacob Estates, LLC v. Gil, Belkis

570446/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Richmond County

Donald Leo; Giovanni Asperti; Phillip Nucci; Yolanda Bonadonna; Fabio R. Salas

MATTER OF:; Donald Leo; Giovanni Asperti; Phillip Nucci; Yolanda Bonadonna; Fabio R. Salas


Surrogate Gigante

Surrogate's Court, Richmond County

Rachel A. DePinto; Vanessa Guzman; Kyam A. Antoine; Gianna L. Morgera-2 orders

MATTER OF:; Rachel A. DePinto; Vanessa Guzman; Kyam A. Antoine; Gianna L. Morgera-2 orders


Surrogate Gigante

Supreme Court, Suffolk County, I.A.S. Part 33

Wells Fargo Bank v. Burke, 11403/11

Sale of Interest in Loan to Freddie Mac Did Not Divest Bank of Holder Status

11403/11
Justice Thomas Whelan

District Court, Nassau County, L&T Part

Bernadotte v. Woolford, LT-000273-16

Husband May Not Evict Sister-in-Law From Premises, Only Terminate Exclusive Possession

LT-000273-16
Judge Scott Fairgrieve

Supreme Court, Nassau County, Trial/IAS Part 10

NY Rehab Pain Management & Medical Services v. State Farm Auto Ins. Co., 13672/13

Belated Objections by Provider to Propriety Of EUO Inappropriate; Dismissal Granted

13672/13
Justice Randy Sue Marber

Supreme Court, Kings County, IAS Term, Part 52

Tillayev v. Fight Factory LLC, 22182/11

Assumption of Risk Doctrine Inapplicable To Concealed Risks, Defective Gym Equipment

22182/11
Justice Francois Rivera

Supreme Court, Kings County, IAS Term, Part 80

Hu v. Bravo Food Inc., 502227/12

Leave to Amend Complaint to Add Defendants Denied; Compelling Completion of EBT Granted

502227/12
Justice Genine Edwards

Supreme Court, New York County, Part 2

Matter of Valentin v. Correction Officers' Benevolent Assoc., Inc., 100701/16

Declaration of Candidate's Eligibility to Run For President of COBA Denied, Dismissed

100701/16
Justice Kathryn Freed

Surrogate's Court, Bronx County

Estate of Elizabeth Ayala

Order signed; 2016-1326 - Estate of Elizabeth Ayala; Order signed; 2011-2309/A - Estate of Eugenia Stanescu; Order signed; 2014-1978 - Estate of Carmela Catalfamo; Order signed; 2014-1978 - Estate of Carmela Catalfamo

2016-1326
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Jamilette Duran

Order signed; 2008-769 - Estate of Jamilette Duran; Order signed; 2008-2880 - Estate of Epree Marquis Antley; Order signed; 2015-2016 - Estate of Rachel Delita Boynes; Order signed; 2014-2678 - Estate of Ambar Julianna Cedeno Leyba; Order signed; 2009-2705 - Estate of Warner William Ramirez; Order signed; 2009-2704 - Estate of Hilda Marie Barrett; Order signed; 2015-398 - Estate of Dominick Xavier Pico; Order signed; 31G2005 - Estate of Linda Acosta; Decree signed; 2015-1461 - of Javell LaKimMartinez; Decree signed; 2016-182 - of Jeffry JahlaniLondon; Decree signed; 2015-1929 - of Luis AngelSantana; Decree signed; 2015-2353 - of James MarioSandoval; Decree signed; 2015-2695 - of Melvin Valdez; Decree signed; 2015-2312 - of Boris J LagarchaCedeno; Decree signed; 2015-2254 - of Francisco A Sosa; Decree signed; 2015-2138 - of Ruben Cruz; Decree signed; 2015-2887 - of NathanielEmmanuel Alexander Sutherland; Decree signed; 2015-2674 - of Kyra Mercado; Decree signed; 2016-438 - of Brian Gottlieb; Decree signed; 2016-80 - of Jorge AntonioSerrata; Decree signed; 2015-2305 - of Jacqueline DawnRohan; Decree signed; 380G1980/A - of Mary AnnSchneider

2008-769
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Athena Natal

Order signed; 2012-1111/A - Estate of Athena Natal; Order signed; 2010-2024/A - Estate of Ronnie Garcia; Decree signed; 949A2002/G - Estate of Gerald Graziani; Decree signed; 2014-2385/A - Estate of Zulma Haniff

2012-1111/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Joyce Davis

Order signed; 2015-2829/A - Estate of Joyce Davis; Order signed; 2012-2831/B - Estate of Fred William Gadry; Order signed; 2015-2176 - Estate of Donald McKenzie; Decree signed; 2016-211 - Estate of Doris Silverstein; Decree signed; 2016-736 - Estate of Yiannakis Charalambous; Decree signed; 2016-213 - Estate of Gladys I Cruz; Decree signed; 2015-2623 - Estate of Carl Smith; Decree signed; 2015-2462 - Estate of Allan Howard; Decree signed; 2013-1578/C - Estate of Brendan Sheahan; Decree signed; 2016-604 - Estate of Stephanie Renee Jones; Decree signed; 2015-1677 - Estate of German Caraballo; Decree signed; 2015-2356/A - Estate of Rita Hartstein; Decree signed; 2015-1387 - Estate of Willie Earl Bartley; Decree signed; 2016-1376 - Estate of Hilton Joseph

2015-2829/A
Surrogate Malave-Gonzalez

New York State, Court of Appeals

People v.
Charles Smith, No. 109
Tyrell Ingram, No. 110
Isma McGhee, Also Known as Izzy, No. 111

No. 109 No. 110 No. 111
Chief Judge DiFiore and Judges Pigott, Rivera, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Dennis Sincerbeaux, No. 113

No. 113
Judges Abdus-Salaam, Stein and Garcia concur. Judge Rivera dissents in an opinion in which Judge Pigott concurs. Judge Fahey took no part.

New York State, Court of Appeals

In the Matter of New York City Asbestos Litigation., No. 85

No. 85
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

New York State, Court of Appeals

230 Park Avenue v. Kurzman Karelsen & Frank, No. 50

Landlord Has No Duty to Help Tenant Defray Costs Caused by Early Withdrawal From Office Lease

No. 50
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

Appellate Division, First Department

People v. Rios, 2530/12, NYLJ 1202760894631

Conviction Reduced to Third-Degree Robbery; Evidence Did Not Establish 'Physical Injury'

2530/12
Before: Tom, J.P., Mazzarelli, Andrias, Manzanet-Daniels, Gesmer, JJ.

Appellate Division, Second Department

Matter of Hollander v. Child Support Enforcement Bureau, Suffolk County , 26940/13

Father Must Pay Support Despite Tardy Calculations

26940/13
Before: Leventhal, J.P., Dickerson, Sgroi, Cohen, JJ.

Civil Court, Richmond County

Manor Road Management v. Livingston, L&T 53684/15

'Too Much Money' Withheld for Two Debts, Judge Says

L&T 53684/15
Judge Philip Straniere

Supreme Court, Kings County, IAS Term, Part 52

Rodriguez v. JHL Restaurants of Seventh Avenue, 968/2014

Movants Established Premises in Reasonably Safe Condition, Attack Unforeseeable

968/2014
Justice Francois Rivera

Supreme Court, Essex County

Duffina v. The County of Essex, 1007-08

Issues of Fact Exist Precluding Summary Judgment on Indemnification Relief Sought

1007-08
Justice Robert Muller

Civil Court, Richmond County

Villafranca v. Akhtar, SCR 485/15

Matter Rescheduled on Industry Standard Of Diminished Value of Cars Post-Accident

SCR 485/15
Judge Philip Straniere

Criminal Court, Bronx County, Part AP-3

The People v. Kajtazi, 2016BX001850

Complaint Fails to Indicate Defendant Knew Of Closing Order; Contempt Charge Dismissed

2016BX001850
Judge Armando Montano

Supreme Court, New York County, IAS Part 21

Riley v. N.Y. City Transit Authority, 150092/15

NYCTA, Driver Denied Summary Judgment Dismissal in Rear-End Collision Injury Suit

150092/15
Justice Michael Stallman

Supreme Court, Westchester County

HSBC Bank USA v. Autry, 52240/2015

Bank Shows Good Cause to Warrant Extension Of Time to Serve Defendants in Foreclosure Suit

52240/2015
Justice William Giacomo

Surrogate's Court, Richmond County

Fero Cekic; Bianca Leonforte; Isaac Cekic; Rachel Lyn Irvine; William Jeffrey Irvine; Skye Constance Quanci; Hope Karelynn Quanci; Angelina A. Ciurcina; Kaitlyn Murray - 2 orders; Zack J. Benasillo; Nicole Vierno - 3 orders; John T. Trezzino; Adrianna Nicole Trezzino; Malik Manuel Perez; Ali Bilal Elcharfa; Allen D. Boyer; Richard M. White, Jr.; Damian Lorenzo L.Mazyck-Khan

MATTER OF: Fero Cekic; Bianca Leonforte; Isaac Cekic; Rachel Lyn Irvine; William Jeffrey Irvine; Skye Constance Quanci; Hope Karelynn Quanci; Angelina A. Ciurcina; Kaitlyn Murray - 2 orders; Zack J. Benasillo; Nicole Vierno - 3 orders; John T. Trezzino; Adrianna Nicole Trezzino; Malik Manuel Perez; Ali Bilal Elcharfa; Allen D. Boyer; Richard M. White, Jr.; Damian Lorenzo L.Mazyck-Khan


Surrogate Gigante

Appellate Term, Second Judicial Department

PORTILLO v. SIMPSON

2016-1088 W C. PORTILLO v. SIMPSON — Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Eastchester, Westchester County, entered March 4, 2016.

2016-1088 W C
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

RESTORE ONE, INC., DOING BUSINESS AS SERVPRO OF GREATER SMITHTOWN, res, v. BETSY HARRIS, app

2014-2235 N C. RESTORE ONE, INC., DOING BUSINESS AS SERVPRO OF GREATER SMITHTOWN, res, v. BETSY HARRIS, app — Appeals from a judgment of the District Court of Nassau County, Third District (Susan Katz Richman, J.), entered October 15, 2013, and an order of the same court (Joy M. Watson, J.) entered July 14, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,990.95. The order denied defendant's motion to vacate the judgment.

2014-2235 N C
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

MIECZYSLAW ROWINSKI, app v. ARTHUR KOMACKI, res

2014-2371 N C. MIECZYSLAW ROWINSKI, app v. ARTHUR KOMACKI, res — Appeal from a judgment of the District Court of Nassau County, First District, (Eric Bjorneby, J.), entered January 25, 2013. The judgment, after a nonjury trial, dismissed the action.

2014-2371 N C
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

FABARA v. TODAY'S AUTO REPAIR

2016-87 N C. FABARA v. TODAY'S AUTO REPAIR — Appeal from an order of the District Court of Nassau County, Third District, entered March 12, 2015. On May 14, 2015, the District Court dismissed the action when appellant failed to appear for trial.

2016-87 N C
: Marano, P.J, Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

NAVARATNAM SELLATHURAI, app, v. MATHEW GEEVARGHESE AND MORTGAGE ENTERPRISE, res

2014-2913 N C. NAVARATNAM SELLATHURAI, app, v. MATHEW GEEVARGHESE AND MORTGAGE ENTERPRISE, res — Appeal from a judgment of the District Court of Nassau County, First District (Douglas J. Lerose, J.), entered September 4, 2014. The judgment, after a nonjury trial, dismissed the action.

2014-2913 N C
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RANDAZZO, ANTHONY

2015-02909 S CR. THE PEOPLE v. RANDAZZO, ANTHONY — Motion by appellant to vacate the dismissal 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, and for an enlargement of time to perfect the appeal.

2015-02909 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

GREAT AM. RESTORATION SERVS., INC. v. FLATON

2016-1043 N C. GREAT AM. RESTORATION SERVS., INC. v. FLATON — Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered April 20, 2016.

2016-1043 N C
: Marano, P.J., Iannacci, Brands, JJ.

Appellate Term, Second Judicial Department

GARY GATTI, app, v. VINCENT RAGO, res

2015-718 S C. GARY GATTI, app, v. VINCENT RAGO, res — Appeal from an order of the District Court of Suffolk County, Second District (James F. Matthews, J.), dated March 26, 2015. The order denied plaintiff's motion to extend the time to submit a judgment.

2015-718 S C
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. JOSETTE CALDONE, app

2015-1003 S C. THE PEOPLE, res, v. JOSETTE CALDONE, app — Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Allen S. Mathers, J.H.O.), entered December 10, 2014. The judgment, after a nonjury trial, imposed a $50 civil liability upon defendant for a red light violation, plus a $30 administrative fee.

2015-1003 S C
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. RANDAZZO, ANTHONY

2015-02910 S CR. THE PEOPLE v. RANDAZZO, ANTHONY — Motion by appellant to vacate the dismissal 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, and for an enlargement of time to perfect the appeal.

2015-02910 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. DANIELS, TROMMIE

2016-1290 RI CR. THE PEOPLE v. DANIELS, TROMMIE — Motion by defendant, in effect, pursuant to CPL 460.30, for an extension of time to take an appeal from judgments of conviction of the Criminal Court of the City of New York, Richmond County, rendered June 25, 2015 (Criminal Court docket Nos. 2015RI004472 and 2015RI004473) and to amend a decision and order on motion of this court dated September 9, 2015, which granted defendant leave to prosecute the appeal as a poor person and assigned counsel on an appeal from a separate judgment of conviction of the same court rendered June 25, 2015 (Criminal Court docket No. 2015RI004474), to reflect that defendant also appeals from the judgments of conviction under Criminal Court docket Nos. 2015RI004472 and 2015RI004473.

2016-1290 RI CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, First Judicial Department

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

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

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

Appellate Term, Second Judicial Department

EUGENE THOMAS DUFFY, res, v. SAMUEL D. LUBY, DOING BUSINESS AS HANDYMAN SAM HOME IMPROVEMENTS, app

2014-1160 S C. EUGENE THOMAS DUFFY, res, v. SAMUEL D. LUBY, DOING BUSINESS AS HANDYMAN SAM HOME IMPROVEMENTS, app — Appeal from a judgment of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered February 14, 2013 and reinstated January 13, 2014, and an order of the same court entered January 13, 2014. The judgment, after a nonjury trial, awarded plaintiff the net principal sum of $5,476. The order granted plaintiff's unopposed motion to reinstate the judgment.

2014-1160 S C
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, First Judicial Department

E. 117 Mazal Holdings, LLC v. Farrington, Rachel

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

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

Appellate Term, Second Judicial Department

MIGUELINA PAYAMPS, res, v. NINIBE SANCHEZ, app

2014-296 K C. MIGUELINA PAYAMPS, res, v. NINIBE SANCHEZ, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered October 24, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150 and dismissed defendant's counterclaim.

2014-296 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

SERVICE ALLIANCE, INC., DOING BUSINESS AS SERVPRO, app, v. DAVID BETESH, res

2015-639 K C. SERVICE ALLIANCE, INC., DOING BUSINESS AS SERVPRO, app, v. DAVID BETESH, res — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered August 1, 2014. The judgment, insofar as appealed from, entered pursuant to so much of a decision of the same court dated October 17, 2013 as, after a nonjury trial, found in favor of defendant on plaintiff's causes of action for breach of contract and account stated, dismissed the complaint.

2015-639 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

JOHN PEROTTI, res, v. LUIS SOLLECITO AND SOUTH SHORE HONDA, app

2014-393 N C. JOHN PEROTTI, res, v. LUIS SOLLECITO AND SOUTH SHORE HONDA, app — Appeal from a judgment of the District Court of Nassau County, First District (Colin F. O'Donnell, J.), entered February 8, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,871.25.

2014-393 N C
: Marano, P.J., Tolbert and Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. COLLET, CINDY

2015-1584 K CR. THE PEOPLE v. COLLET, CINDY — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 10, 2015, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to her by assigned counsel. By order to show cause dated April 1, 2016, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that she had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.

2015-1584 K CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

Bayview Loan Serving LLC v. Wade, Cherisse Ex-parte applications are declined

570436/16. Bayview Loan Serving LLC v. Wade, Cherisse Ex-parte applications are declined.

570436/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, Second Judicial Department

K.O. MED., P.C., A/A/O COBB v. FARMINGTON CAS. CO.

2016-1283 K C. K.O. MED., P.C., A/A/O COBB v. FARMINGTON CAS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 30, 2015.

2016-1283 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

MICHEL v. DEPIERRO

2015-211 Q C. MICHEL v. DEPIERRO — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered October 9, 2014, which was determined by decision and order of this court dated March 11, 2016.

2015-211 Q C
: Weston, J.P., Pesce, Aliotta, JJ.

Appellate Term, First Judicial Department

28th Street Investors Co., LLC, v. Gentilella, Frank

571118/15. 28th Street Investors Co., LLC, v. Gentilella, Frank

571118/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Vatelier, Thierry v. Golding, Kevin

570440/16. Vatelier, Thierry v. Golding, Kevin

570440/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Advanced Med Diag Queens a/a/o Kyung v. Metro Prop & Cas Ins. Co.

570434/16. Advanced Med Diag Queens a/a/o Kyung v. Metro Prop & Cas Ins. Co.

570434/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

PS 157 Lofts LLC, et al., v. Austin, Kimberly et al., Ex-parte applications are declined

570467/13. PS 157 Lofts LLC, et al., v. Austin, Kimberly et al., Ex-parte applications are declined.

570467/13
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

354 East 66th Street Realty Corp., v. Tower Chemists, Inc., Ex-parte applications are declined

570450/16. 354 East 66th Street Realty Corp., v. Tower Chemists, Inc., Ex-parte applications are declined.

570450/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

DeVries, H. & Ophir, O. v. Jim Duffy, LLC, et al.

570430/16. DeVries, H. & Ophir, O. v. Jim Duffy, LLC, et al.,

570430/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

CLARK STORES, INC., app, v. YOUNG GIRL 15, LLC, DOING BUSINESS AS BEVERLY BOUTIQUE, res

2015-454 Q C. CLARK STORES, INC., app, v. YOUNG GIRL 15, LLC, DOING BUSINESS AS BEVERLY BOUTIQUE, res — AND — EXPO 2000 OF KINGS HIGHWAY, INC., und — Appeal from an order of the Civil Court of the City of New York, Queens County (Terence C. O'Connor, J.), entered January 6, 2015. The order denied the branch of landlord's motion seeking to vacate so much of a prior order of the same court entered November 6, 2014 as, upon granting, on default, a motion by tenant and subtenant to dismiss the petition based on a defect in the service of the predicate rent notice, provided that the dismissal was with prejudice, and as sua sponte awarded tenant and undertenant attorney's fees of $500.

2015-454 Q C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF GUERLINE DORLEANS, app, v. PRAETORIAN INS. CO., res

2014-1939 K C. BRAND MEDICAL SUPPLY, INC., AS ASSIGNEE OF GUERLINE DORLEANS, app, v. PRAETORIAN INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered October 25, 2013. The order denied plaintiff's motion to vacate a prior order of the same court (Carolyn E. Wade, J.) entered May 18, 2012, which granted, on default, defendant's motion for summary judgment dismissing the complaint.

2014-1939 K C
: Pesce, P.J., Weston and Elliot, JJ.

Appellate Term, First Judicial Department

Midwood Acupuncture P.C. a/a/o Williams, D. v. Warner Ins. Co.

570432/16. Midwood Acupuncture P.C. a/a/o Williams, D. v. Warner Ins. Co.

570432/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

BK-V-LIMITED PARTNERSHIP v. JONES

2016-1070 K C. BK-V-LIMITED PARTNERSHIP v. JONES — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 2, 2016, and for summary reversal.

2016-1070 K C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

Mautner-Glick Corp., v. Manko, Liuba

570119/16. Mautner-Glick Corp., v. Manko, Liuba

570119/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

K.O. MED., P.C., A/A/O COBB v. FARMINGTON CAS. CO.

2016-597 K C. K.O. MED., P.C., A/A/O COBB v. FARMINGTON CAS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 22, 2015. The order denied appellant's motion for summary judgment dismissing the complaint. By order of the same court entered November 30, 2015, a motion by respondent for summary judgment was granted.

2016-597 K C
: Pesce, P.J., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

149 ST., LLC v. RODRIGUEZ

2016-868 Q C. 149 ST., LLC v. RODRIGUEZ — Motion by appellant to stay enforcement of an order of the Civil Court of the City of New York, Queens County, entered March 21, 2016, pending the determination of an appeal therefrom. Cross motion by respondent for a stay of trial pending the determination of the appeal, and for costs and attorney's fees.

2016-868 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

NOAM PROPS., INC. v. FUENTES

2016-930 K C. NOAM PROPS., INC. v. FUENTES — Motion by appellant to stay enforcement of so much of an order of the Civil Court of the City of New York, Kings County, entered February 16, 2016, as ordered the commitment of nonparty Yaniv Erez to a sentence of 30 days in jail for criminal contempt, pending the hearing and determination of an appeal from the order.

2016-930 K C
: Pesce, P.J., Solomon, D Elliot, JJ.

Appellate Term, First Judicial Department

East 85th Realty LLC v. Lujan, Norma Ex-parte applications are declined

570449/16. East 85th Realty LLC v. Lujan, Norma Ex-parte applications are declined.

570449/16
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, Second Judicial Department

QUINCY ST. OWNERS, LLC v. SOLOMON

2016-1092 K C. QUINCY ST. OWNERS, LLC v. SOLOMON — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 11, 2016. Cross motion by respondent for an order directing the release of funds on deposit.

2016-1092 K C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

SERRA IZMIRLIGIL, app, v. BOB'S DISCOUNT FURNITURE, LLC, CORY FIRST CHOICE HOME DELIVERY, INC., 5 STARS TRUCKING, INC. AND IVAN TARRA, res

2014-907 S C. SERRA IZMIRLIGIL, app, v. BOB'S DISCOUNT FURNITURE, LLC, CORY FIRST CHOICE HOME DELIVERY, INC., 5 STARS TRUCKING, INC. AND IVAN TARRA, res — Appeal from a judgment of the District Court of Suffolk County, Sixth District (David A. Morris, J.), entered January 16, 2014. The judgment, after a nonjury trial, dismissed the action.

2014-907 S C
: Garguilo, J.P., Iannacci and Brands, JJ.

Appellate Term, Second Judicial Department

EAST RAMAPO CENTRAL SCHOOL DISTRICT, res, v. MOSDOS CHOFETZ CHAIM, INC., app

2012-1378 RO C. EAST RAMAPO CENTRAL SCHOOL DISTRICT, res, v. MOSDOS CHOFETZ CHAIM, INC., app — Appeal from a final judgment of the Justice Court of the Town of Ramapo, Rockland County (Arnold P. Etelson, J.), entered December 8, 2011. The final judgment, after a nonjury trial, awarded landlord possession and arrears in a licensee summary proceeding.

2012-1378 RO C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MARTINEZ, LUIS

2014-2904 Q CR. THE PEOPLE v. MARTINEZ, LUIS — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered October 3, 2014, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated April 13, 2016, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.

2014-2904 Q CR
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, Second Judicial Department

WM REALTY, LLC, res, v. EZRIEL WEINGARTEN and GITTY WEINGARTEN, app

2015-1481 K C. WM REALTY, LLC, res, v. EZRIEL WEINGARTEN and GITTY WEINGARTEN, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Marina C. Mundy, J.), entered March 11, 2015. The order granted landlord's postjudgment motion for the entry of a money judgment in a holdover summary proceeding.

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

Appellate Term, First Judicial Department

119 West 145th St. LLC v. Getty Properties Corp., et al.

570380/16. 119 West 145th St. LLC v. Getty Properties Corp., et al.,

570380/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Richmond County

Victor E. Savary; Harry Robert Bolten; Courtney Pryor; John McNamara; Joyce Donahue; Clara Hormann; Angelo DeSimone; Flora Lepore; Dorothy L. Kerr; Clare E. Beyer; Rita Fantino; Steven M. Levine; Frances H. Watson; Gertrude Eggert; Fichtl Trust - 2 orders; James A. DePalma; Charles Romano; Baudin Papraniku; Michael A. Mooney

MATTER OF: Victor E. Savary; Harry Robert Bolten; Courtney Pryor; John McNamara; Joyce Donahue; Clara Hormann; Angelo DeSimone; Flora Lepore; Dorothy L. Kerr; Clare E. Beyer; Rita Fantino; Steven M. Levine; Frances H. Watson; Gertrude Eggert; Fichtl Trust - 2 orders; James A. DePalma; Charles Romano; Baudin Papraniku; Michael A. Mooney


Surrogate Gigante

Supreme Court, Bronx County, Part 60

The People v. Bridgewater, 2562-1993

Rapist Denied Vacatur of Conviction, Enjoined From Further Motions Without Leave of Court

2562-1993
Justice Steven Barrett

Surrogate's Court, New York County

Matter of Johnson, 2009-3447/A/B/C

Court Rules Decedent's Spouse Disqualified From Sharing in Proceeds of Settlement

2009-3447/A/B/C
Surrogate Rita Mella

Appellate Division, First Department

Patrolmen's Benevolent Association of the City of New York v. City of New York, 653550/13

Panel Upholds NYC Measure That Prohibits Biased Policing

653550/13
Before: Mazzarelli, J.P., Acosta, Moskowitz, Gische, JJ.

Supreme Court, Queens County, Criminal Term, Part K-7

The People v. Sease, 3548/95

Claim of Ineffective Assistance of Counsel Undermined by Record; Vacatur Denied

3548/95
Justice Robert Kohm

Supreme Court, Kings County, I.A.S. Term, Part 5J

Yulia C. v. Angelo C., 52303/2014

Wife Fails to Offer Sufficient Evidence for Court To Decide Paternity, Sole Legal Custody Issues

52303/2014
Justice Ingrid Joseph

Criminal Court, Bronx County, Part AP2

The People v. Sanchez, 2016BX009656

Reckless Endangerment Charge Dismissed, No Substantial Risk of Injury Found in Conduct

2016BX009656
Judge Mary Rosado

Criminal Court, Bronx County, Part AP-5

The People v. Kamara, 2015BX032235

Prosecutors Stopped Speedy Trial Clock; 183 Of 184 Days Chargeable, Dismissal Denied

2015BX032235
Justice Armando Montano

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 June 17, 2016 calendar, the court found that Mr. Woodward has substantially complied with the directions in this court's December 9, 2014 order to the extent that it directed him to file an affidavit amending each annual guardianship account for which the Wachovia guardianship account existed to reflect that account, as well as an affidavit to which all monthly statements for that account are attached. The petition seeking to punish Mr. Woodward for contempt for his failure to comply with those directions is, therefore, denied.

84/2195/I
Surrogate Mella