State Court Decisions

New York State Court of Appeals

The People &c., Respondent v. Dennis Ford, Appellant, No. 47

SORA Points Added to Assessment for Refusing to Complete Treatment Not Valid for Inmate Who Did Not Explicitly Reject Treatment

Practice Areas: Criminal Law

New York State Court of Appeals

The People &c., Appellant, v. William Brown, Respondent, Patrick Thomas, Respondent, No. 36 No. 37

Appeals Not on Question of Law Are Not Authorized to Be Taken by State's High Court

Practice Areas: Criminal Law

Appellate Division, Second Department

The People of the State of New York, Appellant v. Leodia Mitchell, Respondent, 1676/11

Panel Affirms Warrant Requirement for Entire Rooming House

Practice Areas: Appellate Law - Criminal

Family Court, Suffolk County

In the Matter of a Proceeding under Article 6 of the Family Court Act Kelly S., Petitioner v. Farah M., Respondent, V-06922-14

Judge Follows California Law in Partner's Visitation Bid

Practice Areas: Family Law , Custody and Child Support

Surrogate's Court, Westchester

In the Matter of the Construction Proceeding in the Estate of Dorothy Grutzner, Deceased., 2011-1039/C

Residuary Passes to Intestacy as Trust Fails; Decedent's Grandchildren, Not Son, Inherit

Practice Areas: Trusts and Estates

Supreme Court, Nassau County, Trial/IAS Part 12

David Nelson, as Administrator for the Estate of Steven C. Nelson, Plaintiff v. Walt Whitman Mall, LLC, Simon Property Group, Inc. and Citywide Sewer & Drain Service Corporation, Defendants, 004419/14

Court Grants Joint Discovery, Joint Trial On Liability; Transfers Nassau Suit to Suffolk

Practice Areas: Civil Procedure

Surrogate's Court, Kings County

In the Matter of the Application of Joan Sciangula as Administrator of the Estate of Agnes Ann English, a/k/a Ann Faulkner, Deceased, To Recover Assets Withheld., 2005/4488/B

Turnover Petition Lacks Specificity on Fraud Allegations, Time-Barred; Dismissal Granted

Practice Areas: Trusts and Estates

Supreme Court, Kings County, IAS Term, Com 1

Aish Hatorah New York, Inc., Petitioner v. Jacob Fetman, Respondent, 22057/2013

Judgment Debtor's Wife Fails to Show Entitlement to Damages, Attorney Fees

Practice Areas: Creditors

Surrogate's Court, New York County

In the Matter of the Judicial Settlement of the Account of the Proceedings of Regan Otto Schroeder and Jed Isaacs as the Executors of the Estate of Richard A. Otto, Deceased., 1999-3358

Objectant Denied Leave to Amend Objections After Lengthy, Unjustified Delay

Practice Areas: Trusts and Estates

Appellate Division, Third Department

In the Matter of Billy J. Curless, Appellant v. Caitlyn M. McLarney, Respondent. (Proceeding No. 1.) (And Two Other Related Proceedings.), 516722

Order Granting Grandmother Primary Physical Custody of Child Affirmed by Panel

Practice Areas: Family Law

Surrogate's Court, Nassau County

In the Matter of the Guardianship of Louise D., A Mentally Retarded Person, 284798/C

Guardian's Petition to Terminate, Transfer Guardianship Action to Florida Approved

Practice Areas: Trusts and Estates

Criminal Court, Bronx County, Part TP-6

The People of the State of New York, Plaintiff v. Timothy Ransom, Defendant, 2011BX045348

Court Finds Officers' Initial Stop Unlawful, Suppression of Evidence Recovered Granted

Practice Areas: Criminal Law

Supreme Court, New York County, Part 82R

Springut Law PC, Plaintiff v. Rates Technology Inc. and Gerald Weinberger, Defendants, 156233/14

Periodical Inherently Reliable to Permit Admission to Support Reasonable Fees Claim

Practice Areas: Legal Profession , Attorney Fee Recovery , Evidence

Appellate Division, Third Judicial Department

William A. Petersen, Respondent v. Melinda Petersen, Appellant, 518793

Child Support Amount Husband Required To Pay Unjust, Inappropriate; Order Modified

Practice Areas: Family Law

Appellate Term, 9th & 10th Judicial Districts

Point of You, Inc., Appellant v. John Santangelo and Mary Ann Santangelo, Respondents, 2013-502 S C

Panel Affirms Final Judgment Dismissing Landlord's Holdover Summary Proceeding

Practice Areas: Landlord/Tenant Law

Appellate Division, First Department

People of the State of New York, Appellant v. Ricardo Pabon, Defendant-Respondent, 570913/14

Court Improperly Charged Prosecutors With Excludable Time; Panel Reverses Order

Practice Areas: Criminal Law

Appellate Division, First Department

Ladenburg Thalmann & Co, Inc., Plaintiff-Respondent v. Signature Bank, Defendant-Appellant, 651982/13

Letter of Credit's Payment Requirement Met By True Copy of Letter's Original Amendment

Practice Areas: Banking and Financial Institutions , Commercial Law , Negotiable Instruments

Appellate Division, First Department

In re Platinum Pleasures of NY, Inc., Petitioner v. New York State Liquor Authority, Respondent, 100371/13

Panel Overturns Cancellation of Strip Club's Liquor License

Practice Areas: Administrative Law , Appellate Law - Civil

Supreme Court, Westchester County

L.P., Plaintiff v. R.P., Defendant, 13941/2011

Judge Rejects Right to Fee Requested After Settlement

Surrogate's Court, New York County

ESTATE OF CHRISTINA ANGELIDES, Deceased

ESTATE OF CHRISTINA ANGELIDES, Deceased. (13/4484/B) — At the call of the calendar, this motion to dismiss the preliminary executors' turnover petition was granted without prejudice to renewal by service on respondent pursuant to the terms of the Hague Convention as directed by the Appellate Division, First Department (Sardanis v. Sumitemo Corp., 279 AD2d 225 (1st Dept 2001).

Surrogate's Court, New York County

ESTATE OF SALVATORE SARNA, a/k/a SALVATORE SARNACCHIARO, Deceased

ESTATE OF SALVATORE SARNA, a/k/a SALVATORE SARNACCHIARO, Deceased. (10/0477/C) — In an SCPA 2103 proceeding commenced by Elena Clodius as preliminary executor of the estate of Salvatore Sarna for turnover of property allegedly held by Stephanie Freeman and Fabrizio Sarnacchiaro, a stipulation of discontinuance was filed on March 20, 2015 (see CPLR 3217 [a] [2]).

Surrogate's Court, New York County

ESTATE OF MICHAEL

ESTATE OF MICHAEL. (12/9992) — This is a proceeding by a nowadult adoptee to unseal his adoption records. The petitioner requests certain information from the records to establish his eligibility for membership in the Eastern Band of Cherokee Indians of North Carolina. In order to gain access to or inspect sealed adoption records in New York State, the Domestic Relations Law requires that a petitioner demonstrate good cause and provide notice to the adoptive parents (DRL §114[2]). Here the adoptive parents have consented to the unsealing of the records. The names and whereabouts of petitioner's biological parents are unknown to petitioner and therefore notice has not been given to them.

Surrogate's Court, New York County

ESTATE OF ANNETTE KATZIN, Deceased

ESTATE OF ANNETTE KATZIN, Deceased, (14/330/A) — This proceeding in the estate of Annette Katzin to compel the executor to provide information relevant to the petitioner's interest in the estate has been discontinued by a stipulation on file with the court.

Surrogate's Court, Kings County

ESTATE OF CHARLES VENDIKOS, Deceased

ESTATE OF CHARLES VENDIKOS, Deceased. (15/664) — This is a proceeding to probate a photocopy of an instrument purporting to be the last will and testament of Charles Vendikos (the decedent). The decedent died on July 15, 2013, survived by two siblings, John Vendikos, who is the proponent, and Angela Aretakis, who has waived the issuance of a citation and consents to admitting the copy of the purported lost will to probate. Jurisdiction is complete and has been obtained over all interested parties. The photocopy of the two-paged instrument appears to be signed by the decedent, witnessed by two witnesses including the drafting and supervising attorney, and contains an attestation clause. Attached to the instrument is a self-proving affidavit signed by the attesting witnesses. An affirmation in support of the instant petition is submitted by Jerald Rosenbloom, Esq. ("Rosenbloom"), one of the attesting witnesses. Rosenbloom submits that the will was executed on February 2, 1995, in his presence and under the supervision of Richard Hofflich, Esq., the drafter and his law partner. Rosenbloom further submits that the will was kept at their law office, then located at 130 Cedar Street, New York, New York, directly opposite 2 World Trade Center. On September 11, 2001, the will was destroyed along with other law office files. Rosenbloom avers that the original will was never in the decedent's possession or control, nor was the decedent made aware that the original will had been destroyed.

Supreme Court, Suffolk County, Commercial Division, Part 46

U.S. Nonwovens Corp., Plaintiff v. Pack Line Corp., and Nuspark Engineering, Inc., Defendants, 063900-2014

Valid Substantive Claims for Contract Breach Stated Under New York Law Satisfying CISG

Practice Areas: Contracts

Supreme Court, Nassau County, Trial/IAS Part 8

Egg Dragon Int'l Trading, Inc., Plaintiff v. Best Buy Foodservice, Inc., Defendant, 600184/14

Defendant Is Not Subject to Long-Arm Jurisdiction; Vacatur of Judgment Granted

Practice Areas: Civil Procedure , Business Entities

Supreme Court, Kings County, IAS Term, Part 71

Joseph Karpen, Plaintiff v. Muhammed A. Ali and Henry Kohn, Esq, Defendant(s), 5322/2013

Seller Breached Contract by Selling Property To Another Before Extension Date Expired

Practice Areas: Contracts , Residential and Commercial Real Estate

Civil Court, Bronx County, Parts 30 and 32

Stavros Moutopoulis, Plaintiff v. 2075-2081 Wallace Avenue Owners Corp., Defendant, 002246-13/BX

Plaintiff's Default Entitles Defendant To Retain Deposit as Liquidated Damages

Practice Areas: Contracts

Supreme Court, New York County, Part-95

In the Matter of the application of the State of New York, Petitioner v. Floyd Y., Respondent, For Commitment under Article 10 of the Mental Hygiene Law., 30061-2008

New Bar Set by 'Kenneth T' Is Not Met; Petition Confining Sex Offender Is Dismissed

Practice Areas: Health Law , Criminal Law

New York State, Court of Appeals

The People &c., Respondent v. Jeffrey Mercado, Appellant., No. 100 SSM 4

Practice Areas: Criminal Law

New York State, Court of Appeals

The People &c., Respondent v. Clemon Jones, Appellant, No. 45

Practice Areas: Criminal Law

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

The People of the State of New York, Plaintiff v. Said Salim, Defendant, 2004/14

Court Dismisses Charges Against NYPD Detective

Practice Areas: Criminal Law , Evidence

Surrogate's Court, Kings County

ESTATE OF AGNES ANN ENGLISH, a/k/a ANN FAULKNER, Deceased

ESTATE OF AGNES ANN ENGLISH, a/k/a ANN FAULKNER, Deceased, (05/4488/B) — In this contested miscellaneous proceeding, Denyse Montegut and Edward English (the objectants), as co-fiduciaries of the estate of Joseph English (English), move for summary judgment dismissing the petition for turnover of property withheld filed by Joan Sciangula (the petitioner), and the petitioner cross-moves for disqualification of the objectants' counsel.

Surrogate's Court, New York County

ESTATE OF VERONICA RADELLANT, Deceased

ESTATE OF VERONICA RADELLANT, Deceased, (10/1906/D/E) — The motion filed by Jay S. Sahni, Esq., of the Law Office of Walter Jennings P.C., to be relieved as counsel of record to Akwasiba Radellant is dismissed as moot in light of the Consent to Change Attorney filed with the court on February 20, 2015.

Surrogate's Court, Bronx County

Estate of Cody David Henderson

Order signed; 2009-1098 -Estate of Cody David Henderson: Order signed; 2012-2951 -Estate of Brandon Blondell Robertson ; Decree signed; 2014-1853 -Guardianship of Desha Lynette Moultrie ; Decree signed; 2014-753 -Guardianship of Jonathan Lozada Hernandez ; Decree signed; 2014-1634 -Guardianship of Luis Devin Santamaria ; Decree signed; 2014-2707 -Guardianship of Emely Aidelisa Piters Abreu ; Decree signed; 2014-2313 -Guardianship of Dennis Andy Cortes

Surrogate's Court, Bronx County

Estate of Basil Constant

Order signed; 2012-514/A -Estate of Basil Constant: Order signed; 2013-1881/A -Estate of Mary Pichetto ; Order signed; 2015-298 -Estate of Isabelo Padro: Order signed; 2013-390 -Estate of Benny Quartarone ; Order signed; 2015-474/A -Estate of Rosa Negron: Order signed; 2014-2059 -Estate of Sadie Mae Knox ; Order signed; 2013-1524/A -Estate of Vita Marino: Order signed; 2015-534 -Estate of Thomas F Maher ; Order signed; 970P1993/A -Estate of Mary McDonough: Decree signed; 2014-2594 -Estate of Mora J Moore ; Decree signed; 2015-364 -Estate of Ralph Borges Douglas E McKeon; Decree signed; 2013-2250 -Estate of Samuel Zaitz

Surrogate's Court, New York County

ESTATE OF RICHARD W. WALKER, Deceased

ESTATE OF RICHARD W. WALKER, Deceased, (14/1924/B) — At the call of the calendar this unopposed application to compromise decedent's cause of action for legal malpractice was approved. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement proceeds and execute the necessary receipts and releases. The settlement amount contained in the confidential stipulation entered into by the administrator in both her individual capacity and as fiduciary shall be redacted from the document which was reviewed in camera.

Surrogate's Court, Bronx County

Estate of Edward Leader

Order signed; 2013-2550 -Estate of Edward Leader: Order signed; 2008-471/A -Estate of Geraldine Badger ; Order signed; 2013-1281/A -Estate of Edwin Vonhagen: Decree signed; 2014-32 -Estate of Barrington Williams ; Decree signed; 2014-2089 -Estate of Valerie Ford: Decree signed; 2014-1837 -Estate of Herminia Andres ; Decree signed; 2011-576/C -Estate of Ora Frank: Decree signed; 2014-1958 -Estate of Harry Samalin ; Decree signed; 2014-2815 -Estate of Poseidon Cayden Quinones ; Decree signed; 2014-1913 -Estate of Bernice Gomez: Decree signed; 2015-412 -Estate of Pedro Julio Mora Mejia ; Decree signed; 2014-2271 -Estate of Ruth Smith: Decree signed; 2014-2436 -Estate of Rony Mejia ; Decree signed; 2014-2610 -Estate of Vincent Ellis: Decree signed; 2014-2625 -Estate of Rosemarie Fickera ; Decree signed; 2015-479 -Estate of Denise Ann Lippin

Surrogate's Court, Bronx County

Estate of Corrie Robinson

Order signed; 914P2005/D -Estate of Corrie Robinson: Order signed; 2008-2739/A -Estate of Carlos Ortiz ; Order signed; 2013-1297/C -Estate of Julia Torres: Order signed; 2012-2515/A -Estate of Jason Roman ; Order signed; 2013-626/B -Estate of Linda Lavonda Richburg James ; Decree signed; 440A2005/A -Estate of Louis Olvera: Decree signed; 2008-1467/B -Estate of Crystal Rene Thomas ; Decree signed; 693A1986/A -Estate of Gladys Bush: Decree signed; 2010-2806/A -Estate of Wendy Ellen Meyer ; Decree signed; 2008-659/A -Estate of Juan Yanes

Surrogate's Court, Bronx County

Estate of May Feldman

Order signed; 2014-184/B -Estate of May Feldman: Order signed; 710A1995/A -Estate of Ayuna King

Surrogate's Court, New York County

ESTATE OF VERONICA RADELLANT, Deceased

ESTATE OF VERONICA RADELLANT, Deceased, (10/1906/C);

Surrogate's Court, New York County

ESTATE OF MARCIA MARK, Deceased

ESTATE OF MARCIA MARK, Deceased. (14/856) — At the call of the calendar, this motion for discovery pursuant to SCPA 1404 seeking the deposition of proponent and production of court files relating to decedent's guardianship proceeding was denied.

Appellate Division, Fourth Judicial Department

The People of the State of New York, Respondent v. Jimmy W. Gibson, Defendant-Appellant, 09-00395

Denying New Counsel Bid Was Error, Panel Says

Practice Areas: Appellate Law - Criminal

Appellate Division, Third Judicial Department

Mark James LaPlante, Respondent v. Christine Ann LaPLante, Appellant, 518329

Filing Under Old Law, Ex-Wife Denied Counsel Fees

Practice Areas: Family Law

Supreme Court, Rockland County

U.S. Bank National Association, as Trustee for WFASC 2005-AR2, Plaintiff v. Juan Vasquez a/k/a Juan Bautista Vazquez a/k/a Juan B. Vasquez, et al, Defendants, 3608/2010

Court Finds Bank Failed to Negotiate in Good Faith; Interest, Costs, Attorney Fees Cancelled

Practice Areas: Residential and Commercial Real Estate

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

Onewest Bank, FSB, Plaintiff v. Flor Rojas a/k/a Flor I. Rojas, Et Als, Defendants, 35640-09

Claim Bankruptcy Discharge Precludes Court's Issuance of Foreclosure, Sale Lacks Merit

Practice Areas: Residential and Commercial Real Estate , Bankruptcy

Civil Court, Bronx County, Part S

24 BCH II Housing Development Fund Company, Inc., As Nominee for 2476 BCH Owners, LLC, Petitioner v. Jonathan Lagoa, Respondent, "John Doe" and "Jane Doe" Respondents, L&T 41100/14

Son As Qualifying Family Member, Entitled To Succession Claim; Licensee Suit Dismissed

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County

Ali Ammar, Petitioner v. Shola Olatoye, as Chairperson of the New York City Housing Authority, Respondents, 100660/14

Matter Remanded to NYCHA for New Hearing, Presentation of Witnesses on Succession Claim

Practice Areas: Landlord/Tenant Law

Appellate Division, Third Department

Turtle Island Trust et al., Respondents v. County of Clinton et al., Appellants, et al., Defendants, 519007

Trusts' Challenges to Tax Assessments Time-Barred, Should Have Been Denied

Practice Areas: Residential and Commercial Real Estate , Native American Law

Surrogate's Court, Richmond County

MATTHEW L. ROSENBLUM-2 ORDERS

MATTER OF MATTHEW L. ROSENBLUM-2 ORDERS; Francis J. Forte; Nicholas W. Caldarera; Anthony N. D'Albora; Kaitlyn Murray; Samantha P. Baio-Sherwood; Andrew Ian Segerman. ORDER SIGNED: MATTER OF TAHJIR MARLAN HILL; Joseph A. Cosenza; Joseph Wierzbicki; Santa D'Antoni D; Rose Maglio; Pauline Baselice; Sylvie M. Cameron; Philip Castrogiovanni; Peter DiGregorio.

Surrogate's Court, New York County

ESTATE OF ROY E. MITCHELL, Deceased

ESTATE OF ROY E. MITCHELL, Deceased, (13/3554/A) — This petition for leave to compromise the cause of action for the conscious pain and suffering of Roy E. Mitchell and to allocate and distribute the net settlement proceeds is granted.

Surrogate's Court, New York County

ESTATE OF MOZELL FEREBEE, Deceased

ESTATE OF MOZELL FEREBEE, Deceased, (09/2411/A,B,C) — By order dated September 18, 2014, of the Supreme Court, Bronx County, the underlying action for decedent Mozell Ferebee's personal injuries was settled. That order also fixed and determined the fees and disbursements of administrator's attorney and paid two medical liens. It directed that the compromise funds be placed in escrow and authorized payment of attorney's fees and disbursements upon the filing of this petition to account for and distribute the proceeds.

Surrogate's Court, New York County

ESTATE OF RICHARD A. OTTO, Deceased

ESTATE OF RICHARD A. OTTO, Deceased. (99/3358) — In this contested final accounting by the executors of the estate of Richard Otto, executor Jed Isaacs moves to strike objectant's Counterstatement of Issues and objectant cross-moves for leave to file amended objections.

Appellate Term, First Judicial Department

72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-app

570188/14. 72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-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 — Final judgment (Jack Stoller, J.), entered on or about February 11, 2014, affirmed, with $25 costs. Appeal from order (Laurie L. Lau, J.), entered November 22, 2013, dismissed, without costs, as subsumed in the appeal from the final judgment.

Surrogate's Court, Richmond County

ESTATE OF JOHN W. PERSING, SR., Deceased

ESTATE OF JOHN W. PERSING, SR., Deceased. (09/461/A) — The Court sets the following schedule for completion of discovery in this proceeding:

Appellate Term, First Judicial Department

V.S. CAREACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, def-app

570259/14. V.S. CAREACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, 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 — Order (Andrea Masley, J.) dated January 28, 2013, insofar as appealed from, reversed, without costs, motion granted and complaint dismissed. (see V.S. Care Acupuncture PC v. MVAIC, appeal numbered 14-190, decided herewith.) The Clerk is directed to enter judgment accordingly.

Surrogate's Court, Richmond County

ESTATE OF JANE McATEER, Deceased

ESTATE OF JANE McATEER, Deceased. (13/425/B) — In this accounting proceeding, it appears that Gerard Francis McAteer, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Appellate Term, First Judicial Department

V.S. CAREACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, def-app

570260/14. V.S. CAREACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, 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 — Order (Andrea Masley, J.) dated January 28, 2013, insofar as appealed from, reversed, without costs, motion granted and complaint dismissed. (see V.S. Care Acupuncture PC v. MVAIC, appeal numbered 14-190, decided herewith.) The Clerk is directed to enter judgment accordingly.

Surrogate's Court, New York County

ESTATE OF JAMES CHARLES RISK

ESTATE OF JAMES CHARLES RISK, (05/4370/A) — This discovery proceeding involves competing claims to tangible personal property. The claimants are the executor of the estate of James Risk, on the one side, and, on the other, the trustee of a revocable trust purportedly established by Risk ("decedent") a few years before his death. Pending are cross-motions for summary judgment, which address a threshold question, i.e., whether the trust was validly established by decedent, as well as other incidental issues, such as whether the executor's law firm should be disqualified.

Surrogate's Court, Richmond County

ESTATE OF CARABELLA DAMBRA, a/k/a CARABELLA D'AMBRA, Deceased

ESTATE OF CARABELLA DAMBRA, a/k/a CARABELLA D'AMBRA, Deceased. (15/186) — Petitioner seeks probate of a propounded instrument, dated March 6, 2009, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to her.

Appellate Term, First Judicial Department

THE PEOPLE, res-app, v. AVILES, def-res

570370/14. THE PEOPLE, res-app, v. AVILES, 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 (Harold Adler, J.), dated April 9, 2013, reversed, on the law, defendant's motion denied, accusatory instrument reinstated and matter remanded for further proceedings.

Surrogate's Court, New York County

ESTATE OF GRACE R. GOLDSMITH, Deceased

ESTATE OF GRACE R. GOLDSMITH, Deceased, (13/2697/E) — In this proceeding, Clarissa Goldsmith, the Administrator of the estate of decedent Grace R. Goldsmith, seeks turnover of certain unclaimed funds held by the Office of the Comptroller of the State of New York ("Comptroller") as abandoned property that petitioner claims belonged to decedent and are now property of her estate.

Surrogate's Court, Richmond County

ESTATE OF JOHN HAUGH, Deceased

ESTATE OF JOHN HAUGH, Deceased. (00/D/P-527) — The limited co-executors of this estate have petitioned to modify the limitations contained in the Limited Letters Testamentary issued by this Court on December 19, 2000, so as to enable them to compromise a wrongful death/personal injury cause of action on behalf of the decedent.

Appellate Term, First Judicial Department

EMA ACUPUNCTURE P.C. a/a/o NICOLE FLYNN, plf-app, v. ALLSTATE INSURANCE COMPANY, def-res

570852/14. EMA ACUPUNCTURE P.C. a/a/o NICOLE FLYNN, plf-app, v. ALLSTATE INSURANCE COMPANY, 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 (Margaret A. Chan, J.), entered December 17, 2012, insofar as appealable, affirmed, with $10 costs.

Appellate Term, First Judicial Department

ACUPUNCTURE SOLUTIONS, P.C. ET AL, a/a/o BELLANIRIS MATA, plf-res, v. LUMBERMANS MUTUAL CASUALTY COMPANY, def-app

570833/14. ACUPUNCTURE SOLUTIONS, P.C. ET AL, a/a/o BELLANIRIS MATA, plf-res, v. LUMBERMANS MUTUAL CASUALTY COMPANY, 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 — Order (Elizabeth A. Taylor, J.), entered October 15, 2013, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

Surrogate's Court, Richmond County

ESTATE OF MARY RYAN, Deceased

ESTATE OF MARY RYAN, Deceased. (02/A/350) — In these contested accounting proceedings, a written Stipulation of Settlement resolving all outstanding issues was reached and filed with this Court on March 9, 2015.

Surrogate's Court, Richmond County

ESTATE OF HELENE BAKER, Deceased

ESTATE OF HELENE BAKER, Deceased. (88/C/P-118) — In this pending proceeding for the appointment of a Successor Trustee, the Guardian ad Litem has filed a request, upon notice, for an interim fee for services, rendered between November 1, 2013 through December 10, 2014.

Surrogate's Court, Richmond County

NANCY K. TSAO

DECREE SIGNED: MATTER OF NANCY K. TSAO; Leonard James; Eileen A. Horan; Jose G. Jimenez; John M. Nazi; Roberto Roman; Cathy Louise Palmieri; Joseph M. Pucciarelli; John DeFato; Rose G. Pepe; Michael Garo; Ferdinand Schraml; Rose Schraml; Catherine McNally; Dorothea M. Dunn.

Surrogate's Court, Richmond County

ESTATE OF GEORGE H. STYZEAK, JR., Deceased

ESTATE OF GEORGE H. STYZEAK, JR., Deceased. (05/B/A/163/) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County, as administrator d.b.n. of this estate.

Appellate Term, First Judicial Department

V.S. CARE ACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, def-app

570261/14. V.S. CARE ACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, 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 — Order (Andrea Masley, J.) dated January 28, 2013, insofar as appealed from, reversed, without costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Appellate Term, First Judicial Department

V.S. CARE ACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, def-app

570262/14. V.S. CARE ACUPUNCTURE PC a/a/o JOSE OLIVERA, plf-res, v. MVAIC, 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 — Order (Andrea Masley, J.) dated January 28, 2013, insofar as appealed from, reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted in its entirety. (see V.S. Care Acupuncture PC v. MVAIC, appeal numbered 14-190, decided herewith.) The Clerk is directed to enter judgment accordingly.

Surrogate's Court, New York County

ESTATE OF AMARE SELTUN, Deceased

ESTATE OF AMARE SELTUN, Deceased, (10/2871/A/B/C) — At the call of the February 20, 2015 calendar, the court granted the unopposed motion filed by Elizabeth Seltun to strike the Answer of decedent's father, Semre Seltun, for failure to comply with a discovery order dated August 8, 2014, and a conditional order dated December 9, 2014 (see CPLR §3126 [3]; Santiago v. City of New York, 71 AD3d 468 [1st Dept 2010]).

Appellate Division, Third Department

The People of the State of New York, Respondent v. Amir Syed Rizvi, Appellant, 104624

Panel Upholds Sentence in Paterson Email Threat

Practice Areas: Appellate Law - Criminal , Criminal Law

Supreme Court, Kings County, Criminal Term Part 24

The People of the State of New York, Plaintiff v. Antwon Dennis, Defendant, 12843/1989

Defense Lawyer's Hiring by DA Created Conflict, Judge Rules

Practice Areas: Appellate Law - Criminal , Criminal Law , Legal Profession

Supreme Court, Orange County

Anthony P. and Dawne R., Plaintiffs v. Ericka F. and Jeffrey F., Defendants, 4559/2012

Renewal, Extension of Time to Serve Then- Minor Based on Waiver in Stipulation Denied

Practice Areas: Torts

Appellate Division, Third Department

Broome County, Respondent-Appellant v. The Travelers Indemnity Company et al., Appellants-Respondents, 518993

Two Policy Exclusions Bar Recovery; Order Reversed, Granting Defendants Dismissal

Practice Areas: Insurance Law

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

Stracar Medical Services, P.C. as Assignee of Michael Fonseca, Appellant v. State Farm Mutual Automobile Insurance Company, Respondent, 2013-1501 K C

Order Granting Insurer Summary Judgment Dismissing Provider's Complaint Affirmed

Practice Areas: Insurance Law

Appellate Division, First Department

BasicNet S.p.A., et al., Plaintiffs-Appellants v. CFP Services Ltd., etc., Defendant-Respondent, Corporate Funding Partners, LLC, et al., Defendants, 653266/11

Despite Backdating, Plaintiffs Are Entitled To Payment Under Standby Letters of Credit

Practice Areas: Commercial Law , Contracts , Breach , Intellectual Property

Supreme Court, Erie County

In the Matter of New York Civil Liberties Union, Petitioner v. Erie County Sheriff's Office, Respondent, 2014/000206

Access Granted to Data About Sheriff's Use of Tracking Device

Practice Areas: Civil Rights , Constitutional Law

Appellate Division, Third Department

The People of the State of New York, Respondent v. Blazej J. Kot, Appellant, 103759

Split Panel Affirms Dismissal of Motion in Wife Slay Case

Practice Areas: Appellate Law - Criminal

Appellate Division, First Department

Nisha Buckingham, Plaintiff-Appellant v. Simon Buckingham, Defendant-Respondent, 314297/11

Prenup Blocks $950,000 Payment to Ex-Wife, Panel Concludes

Practice Areas: Family Law , Contracts , Interpretation

Surrogate's Court, Nassau County

Application by Madelaine Bernfeld, as Executor of the Estate of Michael Bernfeld, Deceased, For Discovery and Turnover of Assets Pursuant to SCPA 2103, 358300/B

Executor Granted Petition to Appoint Temporary Receiver for Dental Practice

Practice Areas: Trusts and Estates

Criminal Court, Bronx County, Part TP-6

The People of the State of New York, Plaintiff v. Efigenio Figueroa, Defendant, 2011BX011774

Officer's Initial Stop Lawful, Transformed To Illegal Detention; Suppression Granted

Practice Areas: Criminal Law

Supreme Court, Bronx County, Part 75

The People of the State of New York, Plaintiff v. Giovanni Rios, Defendant, 2072/2014

Delay of Grand Jury Vote Chargeable To Prosecutors; Defendant Granted Dismissal

Practice Areas: Criminal Law

Supreme Court, New York County, Part 51

Marcilio, Nicholas, Plaintiff v. Hennessy, Marlene, Defendant, 314626-12

Husband Denied Discontinuance of Divorce Action; Wife Granted Vacatur of Notice

Practice Areas: Family Law

Appellate Division, Third Department

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Child Support Increased; Award of Separate, Marital Property Business to Wife Appropriate

Practice Areas: Family Law

Appellate Term, 9th & 10th Districts

The People of the State of New York, Respondent v. Jawant Mohabir, Appellant, 2012-2572 N CR

Judgments of Conviction Reversed, Matters Remitted for New Trial Before New JHO

Practice Areas: Criminal Law