State Court Decisions

Appellate Division, Second Department

Matter of James v. Donovan, 80304/14

Sealing of Garner Grand Jury Records Is Upheld

80304/14
Before: Dillon, J.P., Leventhal, Austin, Sgroi, JJ.

Practice Areas: Criminal Law

County Court, Onondaga County

People v. M. Robert Neulander, 2014-0635-1

Guilty Verdict in Murder Case Stands Despite Juror's Texts

2014-0635-1
Judge Thomas Miller

Practice Areas: Appellate Law - Criminal , Criminal Law

Supreme Court, Nassau County, IAS Part 27

M. J. v. G. J., 201857/2012

Pro Se Wife Denied Motion to Upset Custody Agreement

201857/2012
Justice Leonard Steinman

Practice Areas: Family Law

Appellate Division, Third Department

People v. Michael A. Nicholas, 106085

Panel Finds Trial Testimony Prejudiced Jury in Drug Case

106085
Before: Garry, J.P., Egan Jr., Rose and Lynch, JJ.

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

County Court, Suffolk County

The People v. Price, 00494/2015

Evidence Suppression Denied Without Hearing; Microsoft Not Acting as Government Agent

00494/2015
Judge Barbara Kahn

Practice Areas: Criminal Law

Surrogate's Court, Richmond County

Estate of La Forgia, 2013-331/N

Documentary Evidence, Limitations Period Do Not Bar Fraud Claim; Dismissal Denied

2013-331/N
Surrogate Robert Gigante

Practice Areas: Trusts and Estates

Supreme Court, Kings County, IAS Part 5G

L.P. v. C.B.

Husband's Actions, Volatility Deny Access To Marital Home, $25,000 in Counsel Fees

[Index Number Redacted by Court]
Justice Jeffrey Sunshine

Practice Areas: Family Law

Criminal Court, Bronx County, Part DVM

The People v. Frankiling, 2015BX006834

Defendant Not Identified in Facially Insufficient Instrument; Dismissal Granted

2015BX006834
Judge Mary Rosado

Practice Areas: Criminal Law

Criminal Court, Bronx County, Part AP-4

The People v. Connell, 2015BX009566

Withdrawal of Guilty Plea Under CPL §220.60(3) Based on Newly Discovered Evidence Denied

2015BX009566
Judge Armando Montano

Practice Areas: Criminal Law

Surrogate's Court, New York County

Matter of Barrett, 2009-0144 C

Petitioner Lacks Standing to Bring Motion To Compel Ex-Attorney-in-Fact to Account

2009-0144 C
Surrogate Nora Anderson

Practice Areas: Trusts and Estates

Appellate Division, First Department

Seung Won Lee, et al., Plaintiffs-Respondents v. Woori Bank, etc., Defendant-Appellant, 154157/14; 14872

Panel: Harassment Suit Not Barred by Whistleblower Claim

154157/14; 14872
Before: Tom, J.P., Friedman, Renwick, Moskowitz, DeGrasse, JJ.

Practice Areas: Labor and Employment , Discrimination , Sexual Harassment , Whistle-blower Law , Banking and Financial Institutions

Supreme Court, Queens County, Commercial Division, Part D

BNH Caleb 14 LLC v. Mabry, 709317/2014

Mortgagee Denied Foreclosure As Meritorious Defense for Unconscionable Act Set Forth

709317/2014
Justice Martin Ritholtz

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Queens County, IA Part 9

One West Bank, FSB v. Pertab, 17488/10

Bank Fails to Show Reasonable Excuse for Delay In Moving for Entry of Judgment on Default

17488/10
Justice Phyllis Orlikoff Flug

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Supreme Court, Kings County, IAS Term, Part 52

Newbury Place Reo III, LLC v. Sulton, 12914/12

Motion to Extend Time to Submit Reply Denied for Failing to Offer Reasonable Excuse

12914/12
Justice Francois Rivera

Practice Areas: Civil Procedure , Residential and Commercial Real Estate

Supreme Court, New York County, Part 37

Aspen Specialty Ins. Co. v. Ironshore Indemnity Incorporated, 160353/2013

Elevator Company's Insurer Obligated to Defend, Indemnify Hotel Owner in Personal Injury Suit

160353/2013
Justice Arthur Engoron

Practice Areas: Insurance Law , Contracts

Supreme Court, New York County, Part 42

Berhe v. The Trustees of Columbia University in the City of New York, 151508/13

Waiter Special Employee, Negligence Claims Against Columbia Barred by WCL §§11, 29(6)

151508/13
Justice Nancy M. Bannon

Practice Areas: Social Services Law , Workers

Appellate Term, 9th & 10th Judicial Districts

Doniger & Engstrand, LLP v. Carlomagno, 2014-427 S C

Dismissal of Claim for Fees Without Prejudice To Ability to Comply With 22 NYCRR §137.6

2014-427 S C
Before: Iannacci, J.P., Marano and Garguilo, JJ.

Practice Areas: Legal Profession , Attorney Fee Recovery , Alternative Dispute Resolution , Arbitration (ADR)

Surrogate's Court, Bronx County

ESTATE OF ALAN J MARCUS

ORDER SIGNED: ESTATE OF ALAN J MARCUS (578P1994/F); Brendan Sheahan (13/1578/D).

578P1994/F
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF HORTENSE F. FELDBLUM, Deceased

ESTATE OF HORTENSE F. FELDBLUM, Deceased, (12/3225/B) — In this contested SCPA §2103 proceeding, the parties have now settled all their differences by way of a supplemental Stipulation of Settlement filed with the court on July 7, 2015. The Stipulation provides, inter alia, for the discontinuance of the pending proceeding, with prejudice, pursuant to CPLR 3217 (a)(2).

12/3225/B
Surrogate Mella

Appellate Term, First Judicial Department

PEOPLE v. WRIGHT, RONALD; MCGILL, DAQWAN

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


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

Surrogate's Court, Bronx County

ESTATE OF PEDRO MORAN, Deceased

ESTATE OF PEDRO MORAN, Deceased (12/1673/A) — In this application by the Public Administrator for letters of administration, jurisdiction is now complete over four of the decedent's five infant children who are his only known distributees. The court dispenses with service of process on the fifth child, an infant daughter, in this proceeding; however, jurisdiction shall be obtained over her in an accounting or other appropriate proceeding (see SCPA 1003 [4]). Accordingly, the application is granted, and letters of administration shall issue to the Public Administrator. The decree to be submitted herein shall vacate the authority of LaShema R. Williams, the mother of one of the infant distribtuees, to act as voluntary administrator.

12/1673/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

ESTATE OF KEITH A. BILLINGSLEY, Deceased

ESTATE OF KEITH A. BILLINGSLEY, Deceased, (11/4863 E) — 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 decedent's exposure to asbestos.

11/4863 E
Surrogate Anderson

Surrogate's Court, Bronx County

ESTATE OF GEORGE R. ZIMMERMAN, JR., Deceased

ESTATE OF GEORGE R. ZIMMERMAN, JR., Deceased (11/2313) — The administrator, the decedent's daughter, seeks to lift the restrictions contained on her limited letters of administration so that she may distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

11/2313
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JOHN MCENERY, ALSO KNOWN AS JOHN JOSEPH MCENERY, AND AS JOHN J. McENERY, Sr., Deceased

ESTATE OF JOHN MCENERY, ALSO KNOWN AS JOHN JOSEPH MCENERY, AND AS JOHN J. McENERY, Sr., Deceased (516P-04/M) — In this application, 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.

516P-04/M
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JUDITH FLOWERS, Deceased

ESTATE OF JUDITH FLOWERS, Deceased (11/2974/A) — The administrator, the decedent's daughter and sole distributee, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.

11/2974/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

PETITION OF PAULA ANN HALLMAN FOR A CONSTRUCTION OF THE WILL OF SEYMOUR COHN, DECEASED

PETITION OF PAULA ANN HALLMAN FOR A CONSTRUCTION OF THE WILL OF SEYMOUR COHN, DECEASED. (03/4467);

03/4467
Surrogate Mella

Surrogate's Court, Bronx County

ESTATE OF ANGELO ACOCELLA, Deceased

ESTATE OF ANGELO ACOCELLA, Deceased (15/1225) — In this proceeding to compel respondents to produce an original copy of a purported will of the decedent dated June 20 1997, the respondents appeared by their attorney and filed the will with the court. Accordingly, this decision constitutes the order of the court dismissing the proceeding as academic.

15/1225
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ROGER HOHL, Deceased

ESTATE OF ROGER HOHL, Deceased (475A/03/B-C) — In these two proceedings, the administrator d.b.n. the decedent's daughter, seeks to distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

475A/03/B-C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ELNORA NELSON, Deceased

ESTATE OF ELNORA NELSON, Deceased (13/432/A) — The administrator, the decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that so that she may distribute from her attorney's escrow account and judicially account for the net proceeds of causes of action settled in the Supreme Court, Bronx County (McKeon, J). The supreme court order, inter alia, awarded attorney fees and disbursements and permitted reimbursement of claims asserted for Medicaid and Medicare payments made on the decedent's behalf.

13/432/A
Surrogate Malave-Gonzalez

Surrogate's Court, New York County

PETITION OF MARC S. COHN FOR A CONSTRUCTION OF THE WILL OF SEYMOUR COHN, DECEASED

PETITION OF MARC S. COHN FOR A CONSTRUCTION OF THE WILL OF SEYMOUR COHN, DECEASED. (03/4467) — In the estate of Seymour Cohn, decedent's children, Paula Ann Hallman and Marc S. Cohn, filed competing petitions and attendant motions for a construction of Article NINETEENTH, the in terrorem provision of decedent's will (see EPTL 3-3.5). Paula Ann Hallman sought a determination that Marc S. Cohn and his issue had forfeited all interest under the will, revocation of Marc S. Cohn's letters testamentary and letters of trusteeship, and denial of his commissions. Marc S. Cohn petitioned for a determination that Florida law, the law of the State in which decedent was domiciled at the time of his death, should govern the effect of the in terrorem provision, and that, under Florida law, an in terrorem provision is unenforceable.

03/4467
Surrogate Mella

Surrogate's Court, Bronx County

ESTATE OF MARIANO VILLARONGAFELICIANO, Deceased

ESTATE OF MARIANO VILLARONGAFELICIANO, Deceased (13/1055/A) — The administrator, one of the decedent's daughters, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.

13/1055/A
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

PEOPLE v. HOPKINS, KIMBERLY; GILLARD, NORMAN

PEOPLE v. HOPKINS, KIMBERLY; GILLARD, NORMAN — 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 — 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.


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

Appellate Term, First Judicial Department

13-286. THE PEOPLE, res v. YAO KOUAKOU, def-app

13-286. THE PEOPLE, res v. YAO KOUAKOU, def-app — 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 — Judgment of conviction (Richard Ross, J.H.O.), rendered May 30, 2012, affirmed.


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

Surrogate's Court, Bronx County

ESTATE OF EDITH ADAMS, Deceased

ESTATE OF EDITH ADAMS, Deceased (14/2817) — On the return date of this application by the decedent's daughter seeking letters of administration, it appeared that three of the decedent's sons filed waivers and consents and jurisdiction was obtained over the remaining son, without opposition.

14/2817
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

14-283. BENJAMIN CUNNINGHAM, MAHIMA CUNNINGHAM, REENA CUNNINGHAM, plf-app, v. CITY OF NEW YORK, RICHARD BABOOLAL, FRANK LUCIA, def-res

14-283. BENJAMIN CUNNINGHAM, MAHIMA CUNNINGHAM, REENA CUNNINGHAM, plf-app, v. CITY OF NEW YORK, RICHARD BABOOLAL, FRANK LUCIA, def-res — 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 — Order (Eddie J. McShan, J.), entered April 10, 2014, affirmed, without costs.


: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.

Surrogate's Court, Bronx County

ESTATE OF MARY MCGEE

ORDER SIGNED: ESTATE OF MARY MCGEE (14/1690); Lillian Colbert (350P2007/C); Henry Rothschild (12/1424/A); Christos Pantelias (11/2270).

14/1690
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF KENNETH WATSON, Deceased

ESTATE OF KENNETH WATSON, Deceased (53P/03/F) — The executor, the decedent's spouse and sole testamentary beneficiary, seeks to distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

53P/03/F
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF RAMIRO DIAZ

ORDER SIGNED: ESTATE OF RAMIRO DIAZ (12/2333); Frank Hines (15/625); Willeta Richardson (13/1894); Pauline Licastrino (11/3150/C).

12/2333
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF PAUL O'BRIEN

DECREE SIGNED: ESTATE OF PAUL O'BRIEN (687P1998/D); Charles Sanders (456A2001/B); George R Zimmerman Jr (11/2313/A); Mariano Villaronga Feliciano (13/1055/A); Giorgio Milani (408A2000/A); Judith Flowers (11/2974/A); Roger Hohl (475A2003/B); Roger Hohl (475A2003/C); John McEnery (516P2004/M); Thomas P Callanan (13/777/E); Louis Balogh (09/2868/D); Robert Isaacs (454A2005/D); Gertrude Torres (11/2063/A); Ralph Cilento (651P2003/D); Adelaida Colon (13/1005/A).

687P1998/D
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

15-061. GLD REALTY CORP., pet-landapp v. ROBERT WILLIAMS, res-tent-res

15-061. GLD REALTY CORP., pet-landapp v. ROBERT WILLIAMS, res-tent-res — 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 — Final judgment (Phyllis K. Saxe, J.), entered on or about September 18, 2014, affirmed, with $25 costs.


: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.

Surrogate's Court, Bronx County

ESTATE OF BRUNILDA OQUENDO, Deceased

ESTATE OF BRUNILDA OQUENDO, Deceased (12/1776/A) — The administrator, the decedent's son, seeks to lift the restrictions contained on his limited letters of administration so that he may distribute and judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.) being held in his attorneys' escrow account. The supreme court order, inter alia, directed the payment of counsel fees and disbursements.

12/1776/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF MATTHEW WILLIAM BARRIS

DECREE SIGNED: GUARDIANSHIP OF MATTHEW WILLIAM BARRIS (15/253); Hector Colon III (15/1208).

15/253
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF PAUL P. O'BRIEN, ALSO KNOWN AS PAUL O'BRIEN, Deceased

ESTATE OF PAUL P. O'BRIEN, ALSO KNOWN AS PAUL O'BRIEN, Deceased (687P/98/D) — In this application, the decedent's spouse, who is his sole testamentary beneficiary, seeks to distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

687P/98/D
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ROSE REBE WROBEL

ORDER SIGNED: ESTATE OF ROSE REBE WROBEL (734P2001/A); Chaim Wrobel (354P2000/A).

734P2001/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF CHARLES SANDERS, Deceased

ESTATE OF CHARLES SANDERS, Deceased (456A/01/B) — The administrator, d.b.n., one of the decedent's daughters, seeks to lift the restrictions contained on her limited letters of administration so that she may distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

456A/01/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIA L. SANTIAGO, ALSO KNOWN AS MARIA SANTIAGO, Deceased

ESTATE OF MARIA L. SANTIAGO, ALSO KNOWN AS MARIA SANTIAGO, Deceased (85A/02/B) — The administrator d.b.n., the decedent's daughter, seeks to lift the restrictions contained on her limited letters of administration so that she may receive and judicially account for the settlement proceeds of a personal injury cause of action.

85A/02/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JAKIA AMIRE FULLERTON

ORDER SIGNED: ESTATE OF JAKIA AMIRE FULLERTON (08/635/A)(2); Jorge Caraballo Jr (214G1989); Alisha Utopia Hurst (12/477); Joseph Gottfried (231G1981).

08/635/A (2)
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF SHIRLEY SORKIN, ALSO KNOWN AS SHIRLEY LAURA SORKIN, ALSO KNOWN AS LAURA SORKIN, Deceased

ESTATE OF SHIRLEY SORKIN, ALSO KNOWN AS SHIRLEY LAURA SORKIN, ALSO KNOWN AS LAURA SORKIN, Deceased (15/1493) — In this probate proceeding the nominated executor, the attorney who drafted the propounded instrument dated March 25, 2015 which annexes a self proving affidavit, submits a separate written acknowledgment of disclosure, dated the same date, which was signed by the testator in the presence of two witnesses. The decedent's distributees are two children, each of whom signed a waiver and consent to the proceeding.

15/1493
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF REX B ORITI

DECREE SIGNED: ESTATE OF REX B ORITI (15/1295); Keithley v. Adams (15/1390); Dorothy Schwartz (15/767/A); Bridget Devany (15/1280/A); Ruth Bouscher (88P2006/B); Frank Regina (14/1475); Providence Scopa (15/1353); Ernestina Nieves (15/1465); Gary Lamotta (15/1526); James Power (15/1116); Michael Salvatore (14/2060/A); Kenneth Lewis Lee (15/746); Shirley Sorkin (15/1493).

15/1295
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF EDITH ADAMS

DECREE SIGNED: ESTATE OF EDITH ADAMS (14/2817); Rose Weinberg (15/1062); Pedro Moran (12/1673/A); Vincent Durso (11/1409); Ida Zambetti (15/1423); Johanna Smith (40A07/C); Loretta Ruddocksmith (15/753); Nelson Torres (15/1391).

14/2817
Surrogate Malave-Gonzalez

Supreme Court, Kings County

The People of the State of New York, Plaintiff v. Dante Newman & Treyvon Newman, Defendants, 8135-2007

Judge Suppresses Suspect ID Over Police Lineup Choices

8135-2007
Judge Del Giudice

Practice Areas: Evidence , Admissibility , Criminal Law

Supreme Court, Bronx County

Wells Fargo Bank v. Boffour, 381155-2011

Bank Counsel Sanctioned for Frivolous Conduct In Violating Court Order, Misrepresentations

381155-2011
Justice Norma Ruiz

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Civil Court, New York County, Housing Part D

240 West 140 Inc. v. Carter, L&T 50980/15

Landlord's Reliance on RPL §231 Voids Lease, Including Jury Demand Provision

L&T 50980/15
Judge Phyllis Saxe

Practice Areas: Landlord/Tenant Law

Supreme Court, Westchester County

Blanc Holdings LLC v. Midollo, 53462/2012

Prior Denial of Vacatur of Default Did Not Bar JPMC From Right of Redemption in Property

53462/2012
Justice Francesca Connolly

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Queens County, Civil Term Part 2

National City Bank v. Ghaness, 18982/09

Bank Entitled to Reformation of Mortgage To Add Legal Description For Premises

18982/09
Justice Allan Weiss

Practice Areas: Residential and Commercial Real Estate

Civil Court, New York County

Waterside Plaza Ground Lessee, LLC v. Hirsch, L & T 86275/2014

Tenant's Conduct Shows Acquiescence to Illegal Use of Premises for Sale of Narcotics by Son

L & T 86275/2014
Judge Sabrina Kraus

Practice Areas: Landlord/Tenant Law

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

Williams v. Richardson, 2013-2615 Q C

Panel Reverses Order as Plaintiff's Prior Motion For Leave to Renew Should Have Been Granted

2013-2615 Q C
Before: Weston, J.P., Aliotta and Elliot, JJ.

Practice Areas: Civil Procedure , Insurance Law

Surrogate's Court, Richmond County

Estate of FRANK C. LA FORGIA, Deceased.

In the Matter of the Estate of FRANK C. LA FORGIA, Deceased. File No.: 2013-331/N — Defendants Joseph LaForgia ("Joseph"), Lisa LaForgia ("Lisa") and #2 JRL LLC ("JRL") move, inter alia, to dismiss the verified complaint in this action transferred from Supreme Court.

2013-331/N
Surrogate Gigante

Appellate Division, Second Department

The People of the State of New York, Respondent v. Luis Cesar, Appellant, 12-00569

Sentencing Should Not Rely on Immigration Status, Panel Says

12-00569
Before: Dillon, J.P., Dickerson, Cohen, Duffy, JJ.

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

Supreme Court, Kings County, IAS Term, Part 15

Atsushi Yoshida, Plaintiff v. Hsueh-Chih Chin, M.D. and Nihon Medical Group, P.C. Defendants, 24149/2008

Physical Therapist's Statement About Doctor's Purported Use of Power Drill Shielded From Claims of Defamation

24149/2008
Justice Marsha Steinhardt

Practice Areas: Torts , Intentional Torts , Defamation

Surrogate's Court, Broome County

In the Matter of the Estate of Deborah A. Grochocki, Deceased, 2014-605

Victims Lose Claim to Inheritance Renounced by Inmate

2014-605
Surrogate David Guy

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 55

Gorlick, Kravitz & Listhaus, PC, Plaintiff v. Benjamin Reches and Sack & Sack, Attorneys at Law, Defendants, 162842/14

Firm's Claims Against Rival Firm Are Dismissed

162842/14
Justice Cynthia Kern

Practice Areas: Legal Profession , Labor and Employment , Discrimination

Appellate Division, Third Department

In the Matter of Constellation Nuclear Power Plants LLC, Petitioner v. Tax Appeals Tribunal of the State of New York et al., Respondents, 519639

Panel Rejects Tax Credit Bid by Nuclear Power Plants

519639
Before: Peters, P.J., Lahtinen, Garry and Lynch, JJ.

Practice Areas: Taxation , Appellate Law - Civil , Administrative Law

Supreme Court, Wyoming County

Belden v. County of Wyoming, 34977

County Fails to Show Entitlement To Summary Judgment in Negligence Suit

34977
Justice Michael Mohun

Practice Areas: Torts , Motor Vehicles

Supreme Court, Wayne County

Brown v. Nationstar Mortgage, LLC, 75016

Modification Agreement Found Enforceable; Court Directs Performance Under Agreement

75016
Justice Daniel Barrett

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Queens County, IA Part 9

Castro-Verdugo v. The City of New York, 16533/11

Factual Issues Exist if Ambulance Operated For Emergency Situation at Time of Accident

16533/11
Justice Phyllis Orlikoff Flug

Practice Areas: Torts

Family Court, Bronx County

Matter of Lisa T. v. K. T., O-32396-12/15

Court Dismisses Family Offense Petition, But Finds Husband Violated TOP

O-32396-12/15
Judge John Kelley

Practice Areas: Family Law

Supreme Court, New York County, Part 33

Matter of Kelly v. The Port Authority of New York, 100315/2015

PAPD Had Rational Basis for Terminating PPO; Motion to Annul, Reinstate Denied

100315/2015
Justice Alexander Hunter, Jr.

Practice Areas: Labor and Employment

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

Omphil Care, Inc. v. Hertz Co., 2013-2529 K C

Summary Judgment Dismissal of Complaint Should Have Been Granted By Res Judicata

2013-2529 K C
Before: Aliotta, J.P., Solomon and Elliot, JJ.

Practice Areas: Insurance Law , Civil Procedure

Surrogate's Court, New York County

ESTATE OF SIDNEY SOLOMON and ELAYNE SOLOMON, Settlors

ESTATE OF SIDNEY SOLOMON and ELAYNE SOLOMON, Settlors, (12/1157/B) — The proceeding commenced by Jeffrey Solomon for relief against Daniel S. Macklowitz and Laurie Macklowitz Selfon, current co-trustees of the trust created under an agreement dated May 23, 1990 between Sidney Solomon and Elayne Solomon, settlors, and Ronni Helene Macklowitz, trustee (see SCPA 2102[4]), has been discontinued pursuant to a stipulation filed on July 1, 2015 (see CPLR 3217[a][2]).

12/1157/B
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SOPHIE REGENSTEIN, Grantor

ESTATE OF SOPHIE REGENSTEIN, Grantor. (14/3481 A) — In this contested accounting proceeding commenced by two co-trustees of an inter vivos trust, petitioners moved to dismiss the responsive pleading filed by one of the remainder beneficiaries ("objectant"). Objectant, in turn, filed a cross-motion seeking leave to supplement his pleading pursuant to CPLR 3025(b).

14/3481 A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF SOPHIE REGENSTEIN, Grantor

ESTATE OF SOPHIE REGENSTEIN, Grantor. (14/3481) — In this contested accounting proceeding commenced by two co-trustees of an inter vivos trust, petitioners moved to dismiss the answer filed by one of the remainder beneficiaries ("objectant"). Objectant filed a cross-motion asking this court to refer the trustees' allegedly criminal acts to a "public prosecutor," and to refer trustee Michael D. Lissner's alleged violation of the disciplinary rules to the New York State Bar.

14/3481
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF JOHN PANORIOS, Deceased

ESTATE OF JOHN PANORIOS, Deceased, (13/4819/A) — The proceeding commenced by Eleftheria Ardizzone, administrator of the estate of John Panorios, for turnover and related relief (see SPCA 2103) has been discontinued with prejudice pursuant to a stipulation filed on June 24, 2015 (see CPLR 3217[a][2]).

13/4819/A
Surrogate Mella

Appellate Division, Third Department

In the Matter of John D. Justice, Appellant v. Commissioner of the New York State Department of Corrections and Community Supervision, Respondent, 519827

Panel Upholds Rejection of Post-Release Residences

519827
Before: Garry, J.P., Rose, Devine and Clark, JJ.

Practice Areas: Administrative Law , Appellate Law - Civil

Supreme Court, Bronx County

Wells Fargo Bank, N.A. Plaintiff v. Kwaku Boffour, et al, Defendants, 381155-2011

Firm Sanctioned for Actions in Foreclosure Case

381155-2011
Justice Norma Ruiz

Practice Areas: Banking and Financial Institutions

Supreme Court, Westchester County

Matter of Mazzella v. Bedford Central School District, 50043/2015

Hearing Officer's Decision to Terminate Teacher for Incompetence Ratings Upheld

50043/2015
Justice Francesca Connolly

Practice Areas: Education Law

Supreme Court, Nassau County, Trial/IAS, Part 8

Aragon v. Rozzo, 1137/13

Plaintiffs Fail to Show Infant Within District's Custody, Owed Duty of Adequate Supervision

1137/13
Justice Thomas Feinman

Practice Areas: Torts

Surrogate's Court, Bronx County

Estate of Brickner, 2014-1046/A

Reformation of Will to Maximize Tax Benefits Comports With Testator's Intentions, Granted

2014-1046/A
Surrogate Nelida Malave-Gonzalez

Practice Areas: Trusts and Estates

Supreme Court, Bronx County, IAS Part 23A

McCloskey v. Nieves, 23428/2013E

Stopping Short Insufficient in Rear-End Collision to Rebut Presumption of Negligence

23428/2013E
Justice Alexander Hunter, Jr.

Practice Areas: Torts , Motor Vehicles

Supreme Court, New York County, Part 31

Gargh v. Gargh, 350501/07

Wife Denied Child Support Arrears Judgment Against Husband Accrued After Date of UK Order

350501/07
Justice Laura Drager

Practice Areas: Family Law

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

The People v. Rana, 2011-3228 Q CR

Panel Affirms Child Endangerment Conviction; Defendant's Claims to Vacate Plea Meritless

2011-3228 Q CR
Before: Pesce, P.J., Aliotta and Elliot, JJ.

Practice Areas: Criminal Law

Appellate Term, First Judicial Department

People v. Ortiz, Sixto

570513/12. People v. Ortiz, Sixto — 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

570513/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Hagen, Hank

570892/12. People v. Hagen, Hank — 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

570892/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Muier, Robert

570801/12. People v. Muier, Robert — 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

570801/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Price, Kelley

571134/12. People v. Price, Kelley — 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

571134/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Buchovsky, Igor

570050/14. People v. Buchovsky, Igor — 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

570050/14
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Goodwin, Jonathan

570271/14. People v. Goodwin, Jonathan — 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

570271/14
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Goodwin, Jonathan

570522/13. People v. Goodwin, Jonathan — 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

570522/13
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Zaragoza, Alejandro

570804/11. People v. Zaragoza, Alejandro — 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

570804/11
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Kamara, Bai

570300/11. People v. Kamara, Bai — 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

570300/11
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Yupa-Paucar, Alejandro

570777/13. People v. Yupa-Paucar, Alejandro — 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

570777/13
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Lake, Kimberly

570233/13. People v. Lake, Kimberly — 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

570233/13
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

JNPJ Realty LLC v. LaVerne, Peter James & Arita, Shiho

570660/15. JNPJ Realty LLC v. LaVerne, Peter James & Arita, Shiho — 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

570660/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

BLDG Management Co. Inc., v. Firstenberg, Marc

570676/15. BLDG Management Co. Inc., v. Firstenberg, Marc — 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

570676/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

First Lenox Terrace Associates v. Garland, Wanda

570668/15. First Lenox Terrace Associates v. Garland, Wanda — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570668/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

GC 1700, LLC v. Jose Ortiz, Nally Sanchez, Julio Peguero, et al

570711/15. GC 1700, LLC v. Jose Ortiz, Nally Sanchez, Julio Peguero, et al; — 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

570711/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1894 Eastchester Professional Bldg Ltd., v. Christopher, Gerald

570605/15. 1894 Eastchester Professional Bldg Ltd., v. Christopher, Gerald 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

570605/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Valentine, Chaun

570357/14. People v. Valentine, Chaun — 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

570357/14
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Kante, Mahmaduo

570867/12. People v. Kante, Mahmaduo — 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

570867/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Appellate Term, First Judicial Department

People v. Pashkoff, Shlomo

570236/12. People v. Pashkoff, Shlomo — 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

570236/12
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.