State Court Decisions

New York State, Court of Appeals

Greater Jamaica Development Corporation v. New York City Tax Commission, No. 108

City Department of Finance Did Not Act Improperly in Revoking Tax Exemptions for Queens Parking Garages

No. 108
Opinion by Judge Pigott. Chief Judge Lippman and Judges Rivera, Abdus- Salaam and Fahey concur. Judge Read dissents in an opinion in which Judge Stein concurs.

Practice Areas: Taxation , Residential and Commercial Real Estate

New York State, Court of Appeals

In the Matter of State Farm Mutual Automobile Insurance Company, Appellant, v. Patrick Fitzgerald, Respondent, No. 119

First Department panel erred when it determined that the exception for police vehicles contained in the mandatory coverage provisions of state Insurance Law §3420 did not apply to SUM coverage

No. 119
Opinion by Judge Abdus-Salaam. Judges Read, Stein and Gonzalez concur. Judge Pigott dissents and votes to affirm in an opinion in which Chief Judge Lippman and Judge Fahey concur.

Practice Areas: Insurance Law , Automotive

New York State, Court of Appeals

The People &c., Respondent, v. Howard S. Wright, Appellant, No. 109

Defense's Failure to Challenge Prosecutor's Statements on DNA Evidence Warrants New Trial

No. 109
Opinion by Judge Rivera. Chief Judge Lippman and Judges Read, Abdus-Salaam and Stein concur. Judge Pigott dissents in an opinion.

Practice Areas: Criminal Law , Legal Profession , Attorney Malpractice , Evidence

Supreme Court, Suffolk County, Part XL

Matter of Paul T. v. South Huntington Union Free School District, 25006/2014

Court Upholds Decision to Deny Disability Classification for Bullied Child With ADHD

25006/2014
Justice James Hudson

Practice Areas: Education Law

Criminal Court, Kings County, Trial Part 5

The People v. Stanciu, 2014KN084786

Defendant's Right to Attorney Violated; Evidence of Chemical Test Refusal Suppressed

2014KN084786
Judge Joanne Quiñones

Practice Areas: Criminal Law

Criminal Court, Kings County, Part AP2

The People v. Correa, 2014KN089642

Prosecutors Made Timely Service on Counsel's Registry Address Within CPL §30.30 Time

2014KN089642
Judge Andrew Borrok

Practice Areas: Criminal Law

Civil Court, Bronx County, Part 50

Matter of Vasquez, 000219/15

Mother Did Not Provide Sufficient Basis to Over- Ride Father's Objection to Infant's Name Change

000219/15
Judge Ruben Franco

Practice Areas: Family Law

Supreme Court, Bronx County, Part 78

The People v. Misodi, 2920/14

Prosecutors Fail to Prove Defendants' Where-Abouts Continuously Unknown, Unascertainable

2920/14
Justice Martin Marcus

Practice Areas: Criminal Law

Supreme Court, Bronx County, IAS Part 23A

Matter of J.E.

Son Appointed Mother's Guardian, Independent Guardian Appointed Guardian of Property

[Index Number Redacted by Court]
Justice Alexander Hunter, Jr.

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 13

Richstone v. The Board of Managers of Leighton House Condominium, 153126/2014

Board Granted Reargument, and Upon Same Dismissal of Trespass Claims, Attorney Fees

153126/2014
Justice Manuel Mendez

Practice Areas: Civil Procedure , Contracts , Torts

County Court, Monroe County

The People v. Bermudez, 2014-0577

Parole Officer Lacked Justification for Search; Physical Evidence, Statements Suppressed

2014-0577
Judge Thomas Morse

Practice Areas: Criminal Law

New York State, Court of Appeals

In the Matter of Deborah Glick, et al., Appellants v. Rose Harvey, &c., et al., Respondents, New York University, Third-Party Respondent, No. 107

Court Endorses Use of Parcels for NYU Expansion Plan in Village

No. 107
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Residential and Commercial Real Estate

New York State, Court of Appeals

Eric M. Berman, P.C., et al., Respondents v. City of New York, et al., Appellants, No. 114

City Debt Collection Law and State Attorney Regulations Held Not to Conflict

No. 114
Opinion by Chief Judge Lippman. Judges Read, Pigott and Abdus-Salaam concur. Judge Fahey dissents in an opinion in which Judge Stein concurs.

Practice Areas: Creditors

New York State, Court of Appeals

The People &c., Respondent, v. Matthew Keschner, Appellant., No. 15 and The People &c., Respondent, v. Aron Goldman, Appellant., No. 16

In Upholding Convictions, Court Explains Continuing Nature of Criminal Enterprises

No. 15 No. 16
Opinion by Judge Fahey. Judges Read, Pigott, Rivera and Stein concur. Chief Judge Lippman dissents in part.

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Health Law

Appellate Division, First Department

Sheila Freed, Plaintiff-Respondent v. Yochai Kapla, Defendant-Appellant, 313336/13

Two Rulings Emphasize Proper Execution of Prenups

313336/13
Before: Friedman, J.P., Andrias, Saxe, Richter, Gische, JJ.

Practice Areas: Family Law , Appellate Law - Civil

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

Rivera v. Allstate Life Ins. Co., 63509/14

Allstate's Notices Insufficient to Satisfy Statutory Requirements; Son Entitled to Policy Proceeds

63509/14
Justice Paul Baisley, Jr.

Practice Areas: Insurance Law , Contracts

Supreme Court, Nassau County, Trial/IAS Part 3

Matter of Cohen v. CSC Holdings, LLC, 603037/15

Court Grants Pre-Action Discovery to Compel Cablevision to Disclose IP Address User's Name

603037/15
Justice F. Dana Winslow

Practice Areas: Civil Procedure , Torts

Civil Court, Kings County, Housing Part G

Pacific Van Buren Realty, LLC v. Robinson, 108241/2014

Notice to Terminate Fails to State Sufficient Facts to Allow Tenant to Interpose Defense

108241/2014
Judge Maria Ressos

Practice Areas: Landlord/Tenant Law

Supreme Court, Bronx County, IA 20

Matter of Global Liberty Ins. Co. v. Professional Chiropractic Care, 261079/2014

Court May Not Set Aside Master Arbitrator's Award for Mere Error in Law; Vacatur Denied

261079/2014
Justice Kenneth Thompson, Jr.

Practice Areas: Alternative Dispute Resolution

Supreme Court, New York County, Part 15

Pielet Brothers Contracting v. All City Glass'n Mirro, 161294/2014

Defendants' Counterclaims Fail to State Cause of Action Granting Plaintiff Dismissal

161294/2014
Justice Eileen Rakower

Practice Areas: Contracts

Appellate Term, 9th & 10th Judicial Districts

Sandler v. Ramsay, 2014-900 S C

Panel Reverses Order, Grants Listing Agent Dismissal of Complaint for Misrepresentation

2014-900 S C
Before: Marano, P.J., Iannacci and Connolly, JJ.

Practice Areas: Torts

Surrogate's Court, New York County

ESTATE OF BARBARA WEIDEN SCHWARTZ FISCHLER, Deceased

ESTATE OF BARBARA WEIDEN SCHWARTZ FISCHLER, Deceased, (11/2968/K) — Russell W. Rosen and Steven F. Schwartz, successor temporary co-administrators of the estate of Barbara Weiden Schwartz Fischler, have petitioned for an order directing Burton M. Fischler, decedent's limited attorney-in-fact with respect to Charles Schwab brokerage account number 7671-2887, to turn over funds or else to account. The respondent has moved to dismiss the petition.

11/2968/K
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ROBERT SANGER WHITEHOUSE, Deceased

ESTATE OF ROBERT SANGER WHITEHOUSE, Deceased, (88/3720/B) — This uncontested proceeding to disallow any claim that Syn-Fuel Associates, LP may have against the estate of decedent or the abovereferenced inter vivos trust, based upon notes dated November 3, 1981, is granted.

88/3720/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF ROBERT STRAUSS, Deceased

ESTATE OF ROBERT STRAUSS, Deceased. (12/4647) — This probate proceeding has been discontinued by the parties in a Stipulation of Settlement filed with this court on April 6, 2015, in a proceeding under file number 2012-4647/B (see CPLR 3217[a] and section 207.24 of the Uniform Rules for the Surrogate's Court).

12/4647
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF JOHN CARVELAS, Deceased

ESTATE OF JOHN CARVELAS, Deceased, (12/137/A/B/C) — The administrator's petition for leave to compromise a cause of action for decedent's wrongful death and conscious pain and suffering is granted. The restrictions on the letters of administration issued by this court are removed. The administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required.

12/137/A/B/C
Surrogate Mella

New York State, Court of Appeals

JF Capital Advisors v. The Lightstone Group, No. 112

No. 112
Opinion by Judge Fahey. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Stein concur.

Practice Areas: Contracts , Fraud (Contracts)

New York State, Court of Appeals

Caprio v. NYS Dept. Taxation and Finance, No. 116

No. 116
Opinion by Judge Stein. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Fahey concur.

Practice Areas: Taxation , Constitutional Law , Business Entities , Closely Held Corporations

New York State, Court of Appeals

People v. Curtis Basile, No. 113

No. 113
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Criminal Law

New York State, Court of Appeals

Burton v. NYS Dept. of Taxation and Finance, No. 115

No. 115
Opinion by Judge Rivera. Chief Judge Lippman and Judges Read, Pigott, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Taxation , Business Entities , Closely Held Corporations , Constitutional Law

Supreme Court, New York County, Part 60

AP Services, LLP v. Lobell, 651613/12

Trustee's Complaint Supports Claims That Former Directors Breached Duty of Loyalty

651613/12
Justice Marcy Friedman

Practice Areas: Business Entities

Court of Claims, New York County

Casey v. The State of New York, 118320

Officer Escorted From Courthouse Wins Award

118320
Judge Judith Hard

Practice Areas: Torts , Intentional Torts , False Imprisonment

Supreme Court, Kings County, IAS Term, Part Comm-1

Rad and D'Aprile Inc. v. Arnell Construction Corp., 502464/2014

Subcontractor's Breach of Contract Claim Based on Liquidating Agreement Is Timely

502464/2014
Justice Carolyn Demarest

Practice Areas: Contracts , Breach

Supreme Court, New York County, IAS Part 45

Kormilitsyna v. Everest National Ins. Co, 650769/2013

Issues of Fact Exist in Insurance Coverage Action as to Cause of Damages to Building

650769/2013
Justice Anil Singh

Practice Areas: Insurance Law

Supreme Court, New York County, Part 54

EV Scarsdale Corp. v. Engel & Voelkers North East LLC, 651169/2011

Franchise License Agreement Defendants May Potentially Be Liable Under GBL §691(3)

651169/2011
Justice Shirley Werner Kornreich

Practice Areas: Business Entities , Franchises

Supreme Court, New York County, Part 3

Quik Park West 57 LLC v. Bridgewater Operating, 651524/2013

Management Agreement Is Revocable Where Managers Fail to Show Improvements Made

651524/2013
Justice Eileen Bransten

Practice Areas: Contracts , Void Contracts

Surrogate's Court, Bronx County

Estate of Leeann White

Order signed; 2011-1502/A -Estate of Leeann White; Order signed; 2014- 2108/A -Estate of Irma Figueroa; Decree signed; 2011-1552/A -Estate of Christopher Capel; Decree signed; 2011-3104/A -Estate of Francine Cooke; Decree signed; 608A2006/A -Estate of David Seda; Decree signed; 2010- 2882/A -Estate of Antonia Afanador; Decree signed; 2012-1884/A -Estate of Gerard R Rubin

2011-1502/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF JACK MAURER, Deceased

ESTATE OF JACK MAURER, Deceased. (05/575) — At the call of the calendar, the motion to intervene by one of the beneficiaries of decedent's IRA account was granted.

05/575
Surrogate Anderson

Surrogate's Court, Bronx County

Estate of Myles Ra Chaud Dunning

Order signed; 2010-414 -Estate of Myles Ra Chaud Dunning; Order signed; 58G2003 -Estate of Jeremy Alexander Carrasquillo; Order signed; 2013-2548 -Estate of Oscar Shaquan Hodge; Order signed; 168G2004/A -Estate of Isis Monique McCants; Decree signed; 2014-957 -Guardianship of Terrell Anthony Smith; Decree signed; 2014-1842 -Guardianship of Laqual Malik Tinyi Kyreem Jordan; Decree signed; 2015-141 -Guardianship of Gabrielle Daniel Castro; Decree signed; 2014-1769 -Guardianship of Marlon Giovani Ortega Jr; Decree signed; 2015-119 -Guardianship of Aaron K Danso Sakyiama; Decree signed; 2015-1113 -Guardianship of Jordan Alexander Kore Pommells; Decree signed; 2014-1662 -Guardianship of Joel Munoz; Decree signed; 2015-636 -Guardianship of Cameryn Alysse Verderame; Decree signed; 2015-591 -Guardianship of Diany Adelynn Pena; Decree signed; 2015- 386 -Guardianship of Brandon Kinta Moore; Decree signed; 2015-592 -Guardianship of Jilane Alysse Pena; Decree signed; 2015-387 -Guardianship of Dylan Alexander Moore; Decree signed; 2015-1127 -Guardianship of Mariama Cire Bah

2010-414
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased, (84/2195/D) — The petition for advice and direction (see SCPA 2107 [2]) of Joy S. Rosenthal, trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie, is granted.

84/2195/D
Surrogate Mella

Surrogate's Court, Bronx County

Estate of Harriet Robinson

Order signed; 2011-2736/F -Estate of Harriet Robinson; Order signed; 2013-392 -Estate of Geraldine L Demers; Order signed; 2012-603 -Estate of David Solomon; Decree signed; 2015-653 -Estate of Catherine Percival; Decree signed; 2014-1947 -Estate of Daniel Jacob Bell; Decree signed; 2015-785 -Estate of Eva Juliann Albert; Decree signed; 2014-904 -Estate of Emilia Guerriero; Decree signed; 2013-1578/C -Estate of Brendan Sheahan

2011-2736/F
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased, (84/2195/F) — Joy S. Rosenthal, who is counsel to herself as successor trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie,1 has petitioned for an order fixing her fees in the amount of $29,560 (for 73.9 hours of work at an hourly rate of $400) and her paralegal's fees in the amount of $490 (for 4.9 hours of work at an hourly rate of $100), for legal services rendered during the period from December 28, 2012, the date on which letters of successor trusteeship issued to Ms. Rosenthal, through June 30, 2014 (see SCPA 2110).2 The trust is valued at $1.5 million. Intellectual property rights (which, according to the petition, are being appraised) generate annual income of $200,000.

84/2195/F
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF KEITH A. BILLINGSLEY, Deceased

ESTATE OF KEITH A. BILLINGSLEY, Deceased, (11/4863 B/C/D) — The compromise of causes of action for decedent's wrongful death and conscious pain and suffering was approved, and the attorney's fees and disbursements were fixed and determined, by order of the Supreme Court, New York County. The causes of action arose from the decedent's exposure to asbestos.

11/4863 B/C/D
Surrogate Anderson

Surrogate's Court, Bronx County

Estate of Alpage Terrell

Order signed; 2010-929/B -Estate of Alpage Terrell; Order signed; 2013- 1904/A -Estate of Jack D Smith Jr; Order signed; 2012-2722/A -Estate of Linda Labudda; Decree signed; 2011-1786/A -Estate of Burt Davidson

2010-929/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Fred Steinberg

Order signed; 2015-338/A -Estate of Fred Steinberg; Order signed; 649P1991/A -Estate of Wentworth Brown; Order signed; 2015-1263 -Estate of Sofia Berger; Order signed; 2015-1249 -Estate of Edith Lorraine Simmons; Order signed; 2015-510/A -Estate of Joan D Cado; Order signed; 2015-1332 -Estate of Andres Guerrero; Order signed; 2015-1405 -Estate of; Decree signed; 2014-2504 -Estate of Anna M Basile; Decree signed; 2015-1224 -Estate of Muriel S Shookhoff; Decree signed; 2015-1114 -Estate of Howard Kessler; Decree signed; 2015-445 -Estate of SilasHurtt; Decree signed; 2009-2252/A -Estate of Bertha Zelda Haber

2015-338/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Christopher Sean Patrick Siggelko

Order signed; 966M1996 -Estate of Christopher Sean Patrick Siggelko

966M1996
Surrogate Malave-Gonzalez

Family Court, Rockland, County

Matter of K.B. v. L.B., O-00659-15/15A

New York Court Asserts Emergency Jurisdiction Over NC Resident in Family Offense Petition

O-00659-15/15A
Referee Dean Richardson-Mendelson

Practice Areas: Family Law

Supreme Court, Westchester County

E. M. v. M. M., [Index Number Redacted by Court]

Hearing Ordered to Determine Facts Leading To Mutual Waiver of Maintenance Provision

[Index Number Redacted by Court]
Justice Lawrence Ecker

Practice Areas: Family Law , Contracts

New York State, Court of Appeals

People v. William Henderson, No. 106

No. 106
Opinion by Judge Abdus-Salaam. Chief Judge Lippman and Judges Read, Pigott, Rivera, Stein and Fahey concur.

Practice Areas: Criminal Law , Evidence , Appellate Law - Criminal

New York State, Court of Appeals

People v. Dean Pacquette, No. 118

No. 118
Opinion by Judge Pigott. Chief Judge Lippman and Judges Read, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Criminal Law , Evidence , Appellate Law - Criminal

New York State, Court of Appeals

Commonwealth of Pennsylvania Public School Employees' Retirement System v. Morgan Stanley, No. 104

No. 104
Opinion by Judge Stein. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Fahey concur.

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , Torts , Intentional Torts , Fraud (Torts)

Supreme Court, Nassau County, Trial Term, Part 10

Estate of Andrea Rebello v. Budimlic, 4911/14

Suit Proceeds in Shooting Of Student by Police

4911/14
Justice Karen Murphy

Practice Areas: Torts

Appellate Division, Third Department

Matter of Contemporary Services Corp. v. Perales, 519039

Panel Upholds Fines Levied On Security Guard Company

519039
Before: Peters, P.J., Lahtinen, McCarthy and Rose, JJ.

Practice Areas: Administrative Law , Appellate Law - Civil

Appellate Division, Second Department

Taggart v. Costabile, 3435/10

Propery Owners Found Not Liable for Tenants' Actions

3435/10
Before: Skelos, J.P., Dickerson, Leventhal, Miller, JJ.

Practice Areas: Torts , Appellate Law - Civil , Emotional Distress , Intentional Torts , Nuisance

Appellate Division, First Department

Borstein v. Henneberry, 112421/10

Divorce Lawyer Sanctioned for Action in His Own Divorce

112421/10
Before: Gonzalez, P.J., Mazzarelli, Renwick, DeGrasse, JJ.

Practice Areas: Family Law , Legal Profession , Appellate Law - Civil

Supreme Court, New York County, Part 46

Thomas McHenry, Plaintiff v. Bader, Yakaitis and Nonnenmacher, LLP, and Jeffrey Bader, Paul Yakaitis, and John Nonnenmacher, individually, Defendants, 101221/2013

Issues Exist if Law Firm's Negligence in Failing to Properly Serve Defendant With Notice of Trial Led to Underlying Judgment's Vacatur Based on Acceptable Excuse for Nonappearance

101221/2013
Justice Lucy Billings

Practice Areas: Legal Profession , Attorney Malpractice

Surrogate's Court, Suffolk County

Estate of Seiniger, 2290P2003/A

Court Finds Ascertainable Limitations Period Has Not Run; Respondent Denied Dismissal

2290P2003/A
Surrogate John Czygier, Jr.

Practice Areas: Trusts and Estates , Civil Procedure

Surrogate's Court, New York County

Matter of Wechsler, 2006-2277/A

Fact Issues of Respondent's Undue Influence, Decedent's Capacity Bar Summary Judgment

2006-2277/A
Surrogate Nora Anderson

Practice Areas: Trusts and Estates

Surrogate's Court, Erie County

Estate of Attea, 2014-1283/A

Existence of Contract Governing Disposition Irrelevant on Issue if Nun's Will Valid

2014-1283/A
Surrogate Barbara Howe

Practice Areas: Trusts and Estates , Contracts

Appellate Term, First Judicial Department

Steward Realty LLC v. Trusa NYC Food LLC

570687/15. Steward Realty LLC v. Trusa NYC Food LLC — Ex-parte applications are declined. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570687/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF SCOTT GROSSO, Deceased

ESTATE OF SCOTT GROSSO, Deceased (15/1299) — At the call of the calendar on June 9, 2015, the return date of this proceeding to compel production of a will, the court marked the matter discontinued.

15/1299
Surrogate Mella

Appellate Term, First Judicial Department

B.C.R.E. - 90 West Street, LLC v. Hodge, Patricia

570649/15. B.C.R.E. - 90 West Street, LLC v. Hodge, Patricia — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570649/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Richmond County

ESTATE OF FRANCESCO TIERNO, A/K/A, FRANK TIERNO, Deceased

ESTATE OF FRANCESCO TIERNO, A/K/A, FRANK TIERNO, Deceased. (P/240/03/D) — In this estate, the Court by prior Orders granted applications to compromise wrongful death/conscious pain and suffering causes of action on behalf of the decedent against several defendants. Limitations remained within the Letters Testamentary as against the non-settling defendants. The instant application seeks to compromise the action against an additional settling defendant. Waivers and consents from all the interested parties have been filed.

P/240/03/D
Surrogate Gigante

Surrogate's Court, Richmond County

ESTATE OF JOSEPH THOMPSON VALENTE, Deceased

ESTATE OF JOSEPH THOMPSON VALENTE, Deceased. (10/959/A) — This is an application by the limited administrator of this estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on June 20, 2011, so as to enable him to compromise a legal malpractice cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance.

10/959/A
Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF KAREN LAWRENCE, Deceased

ESTATE OF KAREN LAWRENCE, Deceased, (09/4484/A) — At the call of the calendar on June 9, 2015, Petitioner and Respondent appeared and reported that they had resolved this matter as reflected in a stipulation filed with the court that date. The parties further agreed to discontinue this matter.

09/4484/A
Surrogate Mella

Surrogate's Court, Richmond County

ESTATE OF LILLIAN MCAULEY Deceased

ESTATE OF LILLIAN MCAULEY Deceased. (15/97/A) — In this Discovery proceeding, it appears that Christine McAuley, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

15/97/A
Surrogate Gigante

Appellate Term, First Judicial Department

Tatkang Kong Yan v. 90 Elizabeth Street, LLC

570672/15. Tatkang Kong Yan v. 90 Elizabeth Street, LLC — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570672/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Richmond County

ESTATE OF JASON JOHN AIELLO, Deceased

ESTATE OF JASON JOHN AIELLO, Deceased (08/735/B+C) — In these SCPA Article 19 and compromise proceedings, it appears that Jason Aiello, Gianna Aiello, and Christina Aiello, Infants, are necessary parties, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

08/735/B+C
Surrogate Gigante

Appellate Term, First Judicial Department

DHPD v. 862 Ninth Ave Assocs & Tempesta, Richard

570685/15. DHPD v. 862 Ninth Ave Assocs & Tempesta, Richard — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570685/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

125-127 Allen St. Assocs v. Meio Jaio Lin

570635/14. 125-127 Allen St. Assocs v. Meio Jaio Lin — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570635/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Richmond County

ESTATE OF EMIL GEORGE SORENSEN, Deceased

ESTATE OF EMIL GEORGE SORENSEN, Deceased. (09/577/C) — In this compromise proceeding, it appears that Molly Creeden and Lily Pickett, infants, are necessary parties, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

09/577/C
Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF RENATA FORTI, Deceased

ESTATE OF RENATA FORTI, Deceased (11/3926 A) — This proceeding was brought by the administrator of decedent's estate ("petitioner") for discovery pursuant to SCPA §2103. Petitioner has had an opportunity to examine respondent Susetta Mion, and she now moves to amend her petition to, inter alia, join necessary parties, assert additional claims relating to specific property, and seek an extension of notices of pendency on real property as to which petitioner is asserting claims of equitable ownership on behalf of the estate.

11/3926 A
Surrogate Anderson

Surrogate's Court, Richmond County

ESTATE OF HERBERT ARTHUR PICKLES, Deceased

ESTATE OF HERBERT ARTHUR PICKLES, Deceased. (14/1089/A) — Petitioner seeks probate of a propounded instrument, dated October 17, 2001, as the Last Will and Testament of the decedent, and seek the issuance of Letters Testamentary to him.

14/1089/A
Surrogate Gigante

Appellate Term, First Judicial Department

371 West 46th Street Properties v. Weinberg, Sarah & Demoyano, Iris

570686/15. 371 West 46th Street Properties v. Weinberg, Sarah & Demoyano, Iris — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570686/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

New York State, Court of Appeals

The People &c., Respondent v. Richard Gonzalez, Appellant, No. 76

Court Backs 'Taxi of Tomorrow' Program

No. 76
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Criminal Law , Evidence , Admissibility

New York State, Court of Appeals

Greater New York Taxi Association, et al., Appellants v. New York City Taxi and Limousine Commission, &c., et al., Respondents Nissan Taxi Marketing, N.A., LLC., et al., Intervenors-Respondents, No. 120

Court Backs 'Taxi of Tomorrow' Program

No. 120
Opinion by Judge Stein. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Fahey concur.

Practice Areas: Administrative Law

Appellate Division, Third Department

People v. Martin O. Pope Jr., 106899

Panel Faults Explanation of Rights Being Waived

106899
Before: McCarthy, J.P., Lynch, Devine and Clark, JJ.

Practice Areas: Appellate Law - Criminal

Appellate Division, First Department

Tucker v. NYCHA, 100582/13

Panel Finds Eviction Shocking to Fairness

100582/13
Before: Andrias, J.P., Moskowitz, DeGrasse, Gische, Kapnick, JJ.

Practice Areas: Administrative Law , Appellate Law - Civil , Landlord/Tenant Law

District Court, Suffolk County

The People v. Fassberger, 2013SU038147

Officer's Conduct Without Credible Reason, Unlawful; Suppression Motion Granted

2013SU038147
Judge Karen Wilutis

Practice Areas: Criminal Law

Criminal Court, Kings County, Part AP5

The People v. Negron, 2014KN091178

Discrepancy Between Complaint, Supporting Deposition Did Not Render Instrument Invalid

2014KN091178
Judge Laura Johnson

Practice Areas: Criminal Law

Criminal Court, Bronx County, Part AP-3

The People v. Arroyo, 2015BX013676

Prima Facie Evidence Created Rebuttable Presumption; Dismissal of DWI Denied

2015BX013676
Judge Mary Rosado

Practice Areas: Criminal Law

Criminal Court, Bronx County, Part AP-4

The People v. Ramos, 2014BX018483

Prosecutors Fail to Connect Two Defendants Whose Cases They Sought to Join for Trial

2014BX018483
Judge Armando Montano

Practice Areas: Criminal Law

Surrogate's Court, Bronx County

Estate of Soltesz, 2013-1469

Movant Denied Sealing Order of Confidential Settlement; Good Cause Not Demonstrated

2013-1469
Surrogate Nelida Malave-Gonzalez

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 50

Varon v. Country-Wide Ins. Co., 154592/2013

Motorist Fails to Show Court Misapprehended Facts, Controlling Law; Reargument Denied

154592/2013
Justice Peter Moulton

Practice Areas: Civil Procedure , Insurance Law

Surrogate's Court, Suffolk County

Matter of the Victor Larsen Irrevocable Trust, 2013-3752/A

Irrevocable Trust Should be Reformed To Effectuate Testator's Actual Intent

2013-3752/A
Surrogate John Czygier, Jr.

Practice Areas: Trusts and Estates

Criminal Court, Kings County, DV-1

The People v. Guichardo, 2015KN013077

No Legal Impediment to Convict Defendant Of Criminal Contempt Exists; Dismissal Denied

2015KN013077
Judge Jane Tully

Practice Areas: Criminal Law

Supreme Court, Kings County, IAS Term, Part 52

Matter of State Farm Mutual Ins. Automobile Co. v. Riley, 12993/14

Insurer's Petition not Supported by Allegations From Anyone With Personal Knowledge, Denied

12993/14
Justice Francois Rivera

Practice Areas: Civil Procedure , Insurance Law , Alternative Dispute Resolution

Criminal Court, Bronx County, Part AP-4

The People v. Smith, 2014BX055720

Instrument Alleging Inmate Promoting Prison Contraband Found Facially Sufficient

2014BX055720
Judge Mary Rosado

Practice Areas: Criminal Law

Surrogate's Court, Bronx County

Estate of Durso, 2011-1409

Petitioner Granted Declaration Absentee Father Presumed Dead Three Years After Absence

2011-1409
Surrogate Nelida Malave-Gonzalez

Practice Areas: Trusts and Estates

Criminal Court, New York County, Part N

The People v. Chan, 2003NY053237

Vacatur of Marijuana Charges for Ineffective Assistance of Counsel Under 'Padilla' Denied

2003NY053237
Judge Richard Weinberg

Practice Areas: Criminal Law

New York State, Court of Appeals

People v. Kareem Washington, No. 110

No. 110
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Criminal Law , Legal Profession

New York State, Court of Appeals

Amalgamated Bank v. Helmsley-Spear, No.105

No. 105
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Civil Procedure

New York State, Court of Appeals

People v. Stanley A. Brown, No. 117

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

Practice Areas: Criminal Law

New York State, Court of Appeals

People v. Cleveland Lovett, No. 111

No. 111
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Criminal Law

Appellate Division, Fourth Department

Barone v. Chapman-Cleland, 14-01034

Custody Denied to Woman's Same-Sex Former Partner

14-01034
Before: Smith, J.P., Valentino, Whalen, and DeJoseph, JJ.

Practice Areas: Family Law , Custody and Child Support

Supreme Court, Kings County, Criminal Term Part 19

People v. Peter Liang, 9988/2014

Charges Stand Against Officer in Stairwell Shooting

9988/2014
Justice Danny Chun

Practice Areas: Criminal Law , Evidence

Appellate Division, First Department

BarFreeBedford v. NYS Liquor Authority, 100217/14

Panel Upholds Liquor License for Storied West Village Tavern

100217/14
Before: Mazzarelli, J.P., Acosta, Saxe, Manzanet-Daniels, Clark, JJ.

Practice Areas: Administrative Law , Land Use and Planning , Appellate Law - Civil