Decisions

State Court Decisions

Civil Court, New York County, Housing Part R

300 East 85th Housing Corp., Petitioner/Landlord v. Howard Dropkin and Frieda Dropkin, Respondents/Tenants, 84231/2013

Co-Op Can't Evict Couple Over Maintenance, Judge Rules

Practice Areas: Landlord/Tenant Law

Supreme Court, Queens County, Civil Term IAS Part 34

123 Powell, LLC, Plaintiff v. Benito Camacho, Defendant, 23499/2013

Motion to Cancel Lis Pendens Denied; Questions Exist if Owner Good Faith Purchaser

Practice Areas: Residential and Commercial Real Estate

Civil Court, Kings County, Housing Part F

Fay Capital Corp., Petitioner (Landlord) v. Alexander Rans, Kizzy Allen & Brenda Lewis, Respondent (Tenant), John Doe & Jane Doe, Respondents (Under-tenant), 050532/2014

No Rule Allows Third Owner Post-Foreclosure To Commence Holdover Under RPAPL §713(5)

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, IAS Term, Part 27

In the Matter of Trump Village Apartments One Owner; c/o Apartment Management Associates, LLC, Petitioner v. New York State Division of Housing and Community Renewal, Respondent, 37344/13

Trump Collaterally Estopped From Challenging Prior Court Order Reducing Tenants' Rents

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Civil Court, New York County, Housing Part U

451 Marion LLC, Petitioner v. Victor Gonzalez, Respondent "John Doe", and/or Jane Doe," Respondents, LT 252900/13

Landlord Fails to Explain Why it Did Not Know Respondent's Status; Holdover Suit Dismissed

Practice Areas: Landlord/Tenant Law

Civil Court, New York County

737 Park Avenue Acquisition, LLC, Petitioner-Landlord v. Robert B. Jetter, M.D., PLLC, Respondent-Tenants, L&T 71456/12

Neither Party Can Claim Prevailing Party Status; Landlord Denied Attorney Fees

Practice Areas: Legal Profession , Attorney Fee Recovery , Landlord/Tenant Law

Surrogate's Court, New York County

ESTATE OF MICHAEL MODELL, Deceased

Modell’s Widow Can Proceed With Trustee Removal Action

Practice Areas: Trusts and Estates

Appellate Division, Third Department

The People of the State of New York, Respondent v. Henry Leonard, Appellant, 105674

Panel Finds 'Meager Proof' for Heroin Search in Car

Practice Areas: Constitutional Law , Appellate Law - Criminal

Supreme Court, New York County, Part 24

J.R., Plaintiff v. E.M., Defendant, 301738/2013

Judge Voids Foreign-Based Marital Agreements

Practice Areas: Family Law

Appellate Division, Third Department

In the Matter of the Golub Corporation, Petitioner v. New York State Tax Appeals Tribunal et al., Respondents, 515402

Amended Sublease Obligating Supermarket Chain to Make PILOT Payment Does Not Qualify Those Payments for Empire Zone Tax Credits

Practice Areas: Taxation

Appellate Division, Third Department

In the Matter of Daniel Lampert, Petitioner v. State University of New York at Albany, Respondent, 517278

Disciplinary Suspension Imposed on Student for Violating Student Code of Conduct Regarding Hazing, Alcohol, Disruptic Conduct As Result of Hosting Off-Campus Party During Fraternity Pledge Period Is Not Disproportionate to Offense

Practice Areas: Education Law , Administrative Law

Supreme Court, Nassau County, Trial/IAS, Part 15

Edward Kalikow and 7001 Brush Hollow Road LLC, Plaintiffs v. Eugene Shalik, Defendant, 602328-13

Non-Managing Member of LLC Does Not Owe Fiduciary Duty to LLC's Other Members

Practice Areas: Business Entities , LLCs and LLPS , Residential and Commercial Real Estate

Supreme Court, Nassau County, Trial/IAS Part 3

Sandra Casiano, Plaintiff v. St. Mary's Church and Diocese of Rockville Centre, Defendants, 8986/09

Church Neither Created Nor Had Actual or Constructive Knowledge of Hole in Its Parking Lot in Which Plaintiff Claimed She Tripped, Fell

Practice Areas: Torts , Premises Liability , Invitees

Supreme Court, Kings County, IAS Term, Part 47

Samuel Zeligfeld and Toby Weber, as Trustees of the CZ Shelter and Guarantee Trust, Plaintiffs v. Phoenix Life Insurance Company, Defendant, 502791/12

Although Not Absolutely Clear, Insurer's Lapse Notice Provided Essential Information as to Where, and to Whom, Premium Payments Should Be Made

Practice Areas: Insurance Law

Supreme Court, New York County, IAS Part 46

American Guarantee and Liability Insurance Company, Plaintiff v. Mark E. Cohen, Esq., Uriel Mond, Toby Papir, Joshua Mallin, Joel Rothman, Martin Rothman, Bernard Sand, Julius Sand, Karen Sand, Yekutiel Shalev, Shemon Singer, and Joseph Willig, Defendants, 113510/2009

Attorney's use of IOLA account as escrow account did not harm coinvestors, cannot be expected to form basis for malpractice claim, but insurer's evidence of underwriting policies did not show its denial of coverage to attorneys based on their potential liability for failed investments made through IOLA account

Practice Areas: Legal Profession , Attorney Malpractice , Insurance Law , Professional Liability/Malpractice Insurance

Supreme Court, Rockland County

David Anthony Fernandez, individually and as Executor of the Estate of Janis Anne Fernandez, Plaintiffs v. Daimler Chrysler, A.G., et. al., Defendants, 4909/07

Sporadic Contacts Insufficient to Establish Jurisdiction; Daimler Granted Dismissal

Practice Areas: Civil Procedure , Products Liability

Supreme Court, Kings County, IAS Term, Part 52

Carlos Vargas, Plaintiff v. Brian A. Lancaster, Beverly G. Christie, Marlon Gray and Christopher B. Brown, Defendants, 4677/13

Prejudice of Joint Trial Outweighed by Possible Inconsistent Verdicts; Actions Consolidated

Practice Areas: Civil Procedure , Torts

Civil Court, New York County, Housing Part P

Megan Holding LLC, Petitioner v. Julie Conason and Geoff Bryant, Respondents, L&T 64737/09

Matter Set Down to Determine Reasonable Attorney Fees for Successful Contempt Motion

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure , Landlord/Tenant Law

Surrogate's Court, New York County

In the Matter of the Accounting of Sheila Lunnin, as Executor of the Estate of Esther Bigus, Deceased, 2006-3683/A

Court Disallows Certain Attorney Fees; Orders Repayment to Beneficiaries Plus Interest

Practice Areas: Trusts and Estates , Legal Profession , Attorney Fee Recovery

Supreme Court, New York County, IAS Part 21

In the Matter of the Application of Andrew Okopal Petitioner v. New York State Department of Health and New York City Human Resources Administration, Respondents, 401779/13

ALJ's Decision Upholding HRA's Denial Of Benefits Not Arbitrary; Action Dismissed

Practice Areas: Civil Procedure , Health Law

Supreme Court, New York County, Part 36

Mercury Public Affairs, LLC, d/b/a IGR Group and FHGR, Plaintiff v. Gramercy Park Services, LLC, Gramercy Park Medical Group P.C., and Raymond Sanchez, Defendants, 104570/11

Court Denies Vacatur of Default Judgment; No Sufficient Explanation for Defaults Given

Practice Areas: Civil Procedure

Surrogate's Court, Kings County

ESTATE OF DASHEEM JOHNSON

ORDER SIGNED: ESTATE OF DASHEEM JOHNSON (93/2541C).

Surrogate's Court, New York County

ESTATE OF EDWARD BARON COHEN

ORDER SIGNED: ESTATE OF EDWARD BARON COHEN (09/3556/F); Anita Williams (12/2238/A); Edward Baron Cohen (09/3556/G); Edward Baron Cohen (09/3556/H); Miriam Brauner (12/4035/C); Vincent Whylie (13/3098/A); Richard Warren Cohen (07/4133/A); Elizabeth Chalmers Turner (57/0837/C); Jeanne Adams (12/1041/E); Edward Baron Cohen (09/3556/I); Beverly Green (14/236/A); Monica Irani (08/3712/G).

Surrogate's Court, New York County

ESTATE OF BARBARA ZUCKER-ZARETT

DECREE SIGNED: ESTATE OF BARBARA ZUCKER-ZARETT (12/4237/H); Barbara Zucker-Zarett (12/4237/J); Sylvia Kahme (14/2702); Ursula Kreutzer Webster (14/991); Barbara Zucker-Zarett (12/4237/L).

Surrogate's Court, New York County

ESTATE OF STEVEN WEINDLING

ORDER SIGNED: ESTATE OF STEVEN WEINDLING (14/788).

Surrogate's Court, New York County

ESTATE OF BARBARA ZUCKER-ZARETT

DECREE SIGNED: ESTATE OF BARBARA ZUCKER-ZARETT (12/4237/G); Barbara Zucker-Zarett (12/4237/I); Barbara Zucker-Zarett (12/4237/K).

Surrogate's Court, Kings County

ESTATE OF LINDA WARD SPONHOLZ

DECREE SIGNED: ESTATE OF LINDA WARD SPONHOLZ (12/4275/B).

Surrogate's Court, New York County

ESTATE OF JOHN CONLEY

ORDER SIGNED: ESTATE OF JOHN CONLEY (69/1896/B); John Conley (69/1896/C); William J Basie (84/2195/C).

Surrogate's Court, New York County

ESTATE OF JEAN PINCUS

ORDER SIGNED: ESTATE OF JEAN PINCUS (95/1906/A).

Surrogate's Court, New York County

ESTATE OF ALEXIS ANNE ACKERLEY

ORDER SIGNED: ESTATE OF ALEXIS ANNE ACKERLEY (13/1530/A).

Surrogate's Court, New York County

ESTATE OF GERAINE RICHARDS

ORDER SIGNED: ESTATE OF GERAINE RICHARDS (14/2770); Stanley Young (14/1332); Francine Berry (14/2643).

Surrogate's Court, Kings County

ESTATE OF BERNARD VOGEL

ORDER SIGNED: ESTATE OF BERNARD VOGEL (03/2935).

Surrogate's Court, New York County

ESTATE OF CLARA CHARLTON-THOMPSON

DECREE SIGNED: ESTATE OF CLARA CHARLTON-THOMPSON (14/2691); Mikhail Korban (14/2238); James Cannings (14/1081); Elie Semhon (14/2463).

Surrogate's Court, Kings County

ESTATE OF SYLVIA NATALIE SMITH

DECREE SIGNED: ESTATE OF SYLVIA NATALIE SMITH (02/4753/A); Leonard P. Irish (14/285).

Surrogate's Court, Kings County

GUARDIANSHIP OF MICAELA BEIGEL

DECREE SIGNED: GUARDIANSHIP OF MICAELA BEIGEL (01/3423).

Surrogate's Court, Kings County

ESTATE OF ELIA SEVERINO

ORDER SIGNED: ESTATE OF ELIA SEVERINO (13/2082); Robert Jensen (10/135); Jean Sorgen (14/307/A).

Surrogate's Court, Kings County

ESTATE OF MARGARITA SIERRA

DECREE SIGNED: ESTATE OF MARGARITA SIERRA (14/769); Saleh Ali (14/89/A); Dominick Trevisano Jr (13/818); Lizzie Barr Murphy (13/3435); Rupert Hurley (14/1767); Frank A Garofalo (06/4133/A); Shirley Klein (14/2710).

Surrogate's Court, Kings County

ESTATE OF WADE WILLIAMS

ORDER SIGNED: ESTATE OF WADE WILLIAMS (12/3378/A); Annie Williams (12/2320); Rafael Rodriguez (14/1605).

Surrogate's Court, Kings County

ESTATE OF LARRY T WILLIAMS

ORDER SIGNED: ESTATE OF LARRY T WILLIAMS (09/4563/D); Rosa Dresdner (99/1799B).

Surrogate's Court, Kings County

ESTATE OF CORINE TURNER

ORDER SIGNED: ESTATE OF CORINE TURNER (10/505/A); Miron Shlepakov (12/669/B).

Appellate Division, Second Department

Wilson Sepulveda-Vega, Appellant v. Suffolk Bancorp., Respondent, 19058/11

Panel Tosses Courier's Suit Over Lifting Bag of Coins

Practice Areas: Torts , Personal Injury

Appellate Division, Third Department

Matter of Hamilton v. NYS Div. of Parole, 51830

Split Panel Upholds Parole Denial for Exemplary Inmate

Practice Areas: Criminal Law , Appellate Law - Criminal

Supreme Court, Westchester County

E.V., Plaintiff v. R.V., Defendant, 10602/2007

Judge Finds Mother "Cannot Be Trusted" With Custody

Practice Areas: Family Law , Custody and Child Support , Evidence , Expert Witnesses

Supreme Court, Westchester County

E. V., Plaintiff v. R. V., Defendant, 10602/2007

Court Awards Full Custody to Father In Best Interests of Child

Practice Areas: Family Law , Custody and Child Support

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

Big J Development Co., Inc., Plaintiff v. Big J Development Co., Inc., Issac Zedner, Abraham Zeda a/k/a Abaham Zedner, Rushmore Capital Partners LLC and Fresh Invesing Inc., Defendants, 12860/2013

Second Attempt to Quiet Title to Property Is Barred by Res Judicata

Practice Areas: Civil Procedure

Supreme Court, Bronx County, Criminal Term, Part 16

The People of the State of New York, Plaintiff v. Kenneth Lewis, Defendant, 2418-1985

Conviction Stands Where Defendant Was Fully Informed of Crimes He Committed

Practice Areas: Criminal Law

Supreme Court, Bronx County, Part T24

The People of the State of New York, Plaintiff v. Yenfri Ramirez, Defendant, 1320/2011

Procedures Utilized by Police to Identify Defendant Were Not Unduly Suggestive

Practice Areas: Criminal Law

Appellate Term, First Judicial Department

PEOPLE v. AUSBY, DONNELL

PEOPLE v. AUSBY, DONNELL — Stipulation: "So Ordered"; adjourned to the October 2014 term of this Court.

Surrogate's Court, New York County

ESTATE OF LOBSANG LAMA, Deceased

ESTATE OF LOBSANG LAMA, Deceased, (08/0109/A) — This petition for leave to compromise a cause of action for the conscious pain and suffering of Lobsang Lama and to allocate and deposit the net settlement proceeds is granted.

Appellate Term, First Judicial Department

170 WEST 85TH STREET HDFC v. MARKS, JEANETTE & THOMAS; 440 WEST 34TH COMPANY v. COPELAND, ROB; 230 EAST 79TH OWNERS CORP. v. CAMPBELL, CONSTANCE; 157TH STREET ASSOCIATES v. MORALES, JOSE & GLADYS; 650 WEST 189 LIMITED PARTNERSHIP v. BROWN, DONNEZZETTA

170 WEST 85TH STREET HDFC v. MARKS, JEANETTE & THOMAS; 440 WEST 34TH COMPANY v. COPELAND, ROB; 230 EAST 79TH OWNERS CORP. v. CAMPBELL, CONSTANCE; 157TH STREET ASSOCIATES v. MORALES, JOSE & GLADYS; 650 WEST 189 LIMITED PARTNERSHIP v. BROWN, DONNEZZETTA — Ex-parte applications are declined.

Appellate Term, First Judicial Department

PEOPLE v. AUSBY, DONNELL

PEOPLE v. AUSBY, DONNELL — Stipulation: "So Ordered"; adjourned to the October 2014 term of this Court.

Surrogate's Court, New York County

ESTATE OF DEVEREUX ROBINSON

ORDER SIGNED: ESTATE OF DEVEREUX ROBINSON (76/4013/B)

Surrogate's Court, New York County

ESTATE OF MYRTLE ALLEN, Deceased

ESTATE OF MYRTLE ALLEN, Deceased. (13/1038) — The proposed compromise of a cause of action for decedent's conscious pain and suffering is approved. The restrictions contained in the letters issued to the administrator are removed and he is authorized to collect the settlement proceeds and execute the necessary receipts and releases.

Surrogate's Court, New York County

ESTATE OF GEORGE RAPOPORT

DECREE SIGNED: ESTATE OF GEORGE RAPOPORT (14/2521); Anthony T Mazzola (14/2655); Florence Filler (14/2669); Ruth Teitelbaum (14/1283); Joyce Mary Green (14/2666); Elinor G Ratner (14/2247); Anita Heckelman (14/2603); Stefan Shanzer (14/2424); Roselyn Dlutman (14/2520); David S Werman (14/2467); Larry Rossman (14/2592); Jacqueline S Hazzi (14/2599); Catherine O'Reilly (14/2513); Joan Benjamin (14/2650); Gisela Eisenstein (14/2224); Roni S Hewitt (14/2356); Richard Roob (14/2483)

Appellate Term, First Judicial Department

PEOPLE v. TAYLOR, RONDELL A/K/A RONDELL, MITCHELL; RICHARDSON, DAVID; PARLAGRECO, ANGELO; NIEVES, ANGEL L.; MORTON, JERMAIN; MILLER, SHARIFF; KLASS, JOSEPH; HOLMES, LLOYD; HICKMAN, SEAN; COLLINS, MATTHEW; CERPA, DAVID; CHKHARTISHVIL, MIKHEIL; BURNS, ANTONIO; BRADLEY, WILSON; BARNHILL, BORIS; ACEVEDO, KELVIN

PEOPLE v. TAYLOR, RONDELL A/K/A RONDELL, MITCHELL; RICHARDSON, DAVID; PARLAGRECO, ANGELO; NIEVES, ANGEL L.; MORTON, JERMAIN; MILLER, SHARIFF; KLASS, JOSEPH; HOLMES, LLOYD; HICKMAN, SEAN; COLLINS, MATTHEW; CERPA, DAVID; CHKHARTISHVIL, MIKHEIL; BURNS, ANTONIO; BRADLEY, WILSON; BARNHILL, BORIS; ACEVEDO, KELVIN — Stipulation: "So Ordered" adjourned to the November 2014 term of this Court.

Appellate Term, First Judicial Department

PEOPLE v. TAYLOR, RONDELL A/K/A RONDELL, MITCHELL; RICHARDSON, DAVID; PARLAGRECO, ANGELO; NIEVES, ANGEL L.; MORTON, JERMAIN; MILLER, SHARIFF; KLASS, JOSEPH; HOLMES, LLOYD; HICKMAN, SEAN; COLLINS, MATTHEW; CERPA, DAVID; CHKHARTISHVIL, MIKHEIL; BURNS, ANTONIO; BRADLEY, WILSON; BARNHILL, BORIS; ACEVEDO, KELVIN

PEOPLE v. TAYLOR, RONDELL A/K/A RONDELL, MITCHELL; RICHARDSON, DAVID; PARLAGRECO, ANGELO; NIEVES, ANGEL L.; MORTON, JERMAIN; MILLER, SHARIFF; KLASS, JOSEPH; HOLMES, LLOYD; HICKMAN, SEAN; COLLINS, MATTHEW; CERPA, DAVID; CHKHARTISHVIL, MIKHEIL; BURNS, ANTONIO; BRADLEY, WILSON; BARNHILL, BORIS; ACEVEDO, KELVIN — Stipulation: "So Ordered" adjourned to the November 2014 term of this Court.

Surrogate's Court, New York County

ESTATE OF ALEXIS KIRK, Deceased

ESTATE OF ALEXIS KIRK, Deceased. (10/1835/D) — At the call of the calendar, the court granted the application of Lewis and Garbuz, P.C., to be relieved as counsel for Lisa Kirk and Alexia Kirk-Andrus in this proceeding to determine the validity of a right of election, and stayed the trial until further order.

Surrogate's Court, New York County

GUARDIANSHIP OF MIKAH JAYQUAN WATERS

DECREE SIGNED: GUARDIANSHIP OF MIKAH JAYQUAN WATERS (11/358); David L Moore (13/3984)

Surrogate's Court, New York County

ESTATE OF RUTH DAVIS SCHIFF

ORDER SIGNED: ESTATE OF RUTH DAVIS SCHIFF (14/2623); Eda Ferman (14/2626); Robert Thomas Tanguay (14/2475/A); Rebeca-Sue Levine (14/2651); Morton Herman (14/2662); Elaine Immerman (14/2439)

Surrogate's Court, New York County

ESTATE OF ARIE GENGER, Grantor

ESTATE OF ARIE GENGER, Grantor. (08/0017/B) — The decision in this matter dated July 15, 2014, is vacated and the following is substituted in its place.

Supreme Court, Suffolk County, Commercial Division, Part 46

Vivir of Li, Inc, f/k/a Opus Vivir, Inc, Plaintiff v. John Ehrenkranz and Andra Ehrenkranz, Defendants, 043523-2009

Effort to Pierce Corporate Veil Of Small Company Is Rejected

Practice Areas: Contracts , Breach , Remedies , Civil Procedure

Supreme Court, Bronx County, Part 92

The People of the State of New York, Plaintiff v. Anthony Trowells, Defendant, 3015/2013

Using OCA Arguments, Judge Tosses ‘Gravity Knife’ Charge

Practice Areas: Criminal Law

Family Court, Nassau County

In the matter of a paternity proceeding under article 6 of the Family Court Act, Jann P., Petitioner v. Jamie P., Respondent

Judge Cites Inequity in Law in Same-Sex Custody Suit

Practice Areas: Family Law , Custody and Child Support

Supreme Court, Westchester County

L.A.B., Plaintiff v. B.M., Defendant, 4169/2013

Case Lacked a Sufficient Nexus to New York; Dismissal For Forum Non Conveniens Granted

Practice Areas: Family Law

Family Court, Nassau County

In the Matter of a paternity proceeding under article 6 of the Family Court Act, Jann P., Petitioner v. Jamie P., Respondent, Caseindex_

Ex-Wife Cannot Assert Equitable Estoppel Against Same-Sex Partner to Seek Custody

Practice Areas: Family Law

Surrogate's Court, New York County

Probate Proceeding, Will of Roman Sherer, Deceased, 2014-1009/A

Probate to Copy of Propounded Will Denied As Presumption of Revocation Not Rebutted

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 24

M, Plaintiff v. M, Defendant, 309652/12

Court Rules Parties' Prenuptial Agreement Invalid Under Dominican and Spanish Law

Practice Areas: Family Law

Surrogate's Court, New York County

ESTATE OF MARIA RODRIGUEZ

DECREE SIGNED: ESTATE OF MARIA RODRIGUEZ (14/2627); Scott Harold Cooper (14/2345); Emmett L Berry (14/2201).

Surrogate's Court, New York County

ESTATE OF LEONORE ORLINICK

ORDER SIGNED: ESTATE OF LEONORE ORLINICK (14/2503); Neriman Nuraltay (13/4081/A); George E Straus (14/1860/A); Leona Johnpoll (14/2347/A).

Surrogate's Court, Richmond County

ESTATE OF PAULA MCKENNA, A/K/A PAULA A. MCKENNA, Deceased

ESTATE OF PAULA MCKENNA, A/K/A PAULA A. MCKENNA, Deceased. (14/118) — Petitioner seeks to admit to probate a testamentary instrument, dated February 19, 2013, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.

Surrogate's Court, New York County

ESTATE OF DANY DAVID

ORDER SIGNED: ESTATE OF DANY DAVID (14/2072).

Surrogate's Court, Suffolk County

ESTATE OF MARY ABBOTT ESTABROOK, Deceased

ESTATE OF MARY ABBOTT ESTABROOK, Deceased (09/455/C) — In this miscellaneous proceeding seeking relief pursuant to SCPA 2103, the court has before it a motion by petitioner, as executor of captioned decedent's estate, for partial summary judgment and a determination that the purported loan from the decedent to Wayne Pope was procured by undue influence and fraud, and for other relief. For the reasons set forth herein, the motion is granted.

Surrogate's Court, Richmond County

ESTATE OF THERESA CAMINITO, Deceased

ESTATE OF THERESA CAMINITO, Deceased (09/695/A) — This is a proceeding for the judicial settlement of the account of the executrix of this estate. Pursuant to this Court's decision dated June 27, 2014, the Executrix has filed, upon Notice of Settlement, an affidavit bringing her account up to date with a final accounting decree.

Surrogate's Court, New York County

ESTATE OF MEL ISAAC RAMIREZ

ORDER SIGNED: ESTATE OF MEL ISAAC RAMIREZ (03/3286).

Surrogate's Court, Richmond County

ESTATE OF ANTHONY MEROLA, A/K/A ANTHONY R. MEROLA, A/K/A ANTHONY RICHARD MEROLA, Deceased

ESTATE OF ANTHONY MEROLA, A/K/A ANTHONY R. MEROLA, A/K/A ANTHONY RICHARD MEROLA, Deceased. (14/465) — In this Probate proceeding, it appears that Alexis Merola, distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Suffolk County

ESTATE OF GEORGE DAVID COSTELLO, SR. A/K/A GEORGE D. COSTELLO, SR., Deceased

ESTATE OF GEORGE DAVID COSTELLO, SR. A/K/A GEORGE D. COSTELLO, SR., Deceased (13/457/B) — The court has before it a motion by two of the objectants herein for summary judgment on the issue of due execution of a testamentary instrument purporting to be captioned decedent's last will and testament. For the reasons set forth herein, the motion is granted.

Surrogate's Court, New York County

ESTATE OF ANTHONY E VIAER

ORDER SIGNED: ESTATE OF ANTHONY E VIAER (09/2998/C); Thomas J Koshonski (08/4374/B); Hedwig Adele Vanameringen (96/1839/A); Hedwig Adele Vanameringen (96/1839/I).

Surrogate's Court, Richmond County

JOSEPH RUSSO

DECREES SIGNED: MATTER OF JOSEPH RUSSO; Anthony Spallina; Barbara a. Piscitelli; Clara Vass; Olga Igneri; Salvatore Scotto; Maryann corey; Frank W. Kingett; Luciana Montante; Julia s. Lebarr; Wilhelm H. Voight; Rosemarie Ialenti; Eric R. Colligan; Niles a. Lambert, Jr.; Elizabeth Volsario; & Irving Leventhal-2 Dec.

Surrogate's Court, Richmond County

ESTATE OF BARBARA ESSELBORN, Deceased

ESTATE OF BARBARA ESSELBORN, Deceased. (14/163) — In this probate matter, the Guardian ad Litem, previously appointed on behalf of an infant distributee, has written to the court, with a copy to the attorney for the appointed fiduciary, indicating that this Court's decision dated April 15, 2014, has not yet been complied with as relating to the payment of his fee as Guardian ad Litem.

Surrogate's Court, Richmond County

OLUWA TOYIN HAKEEM SHITTA-BEY

GUARDIANSHIPS SIGNED: OLUWA TOYIN HAKEEM SHITTA-BEY; Jurelle Simone Sutton; Daquan boyce White; & Josephine Murphy.

Surrogate's Court, Suffolk County

ESTATE OF NORMAN J. MERCER, Deceased

ESTATE OF NORMAN J. MERCER, Deceased (211P/08/D/F) — In the absence of agreement on the appointment of a referee to supervise disclosure, pursuant to CPLR 3104(b), the court will proceed to determine the remaining discovery motions pending for decision.

Surrogate's Court, Suffolk County

ESTATE OF KEVIN R. KOCH, Deceased

ESTATE OF KEVIN R. KOCH, Deceased (10A/09/A) — In this miscellaneous proceeding filed by Wendy Koch ("Koch"), as administratrix of decedent's estate, Koch seeks, pursuant to SCPA 2103, to discover and obtain the turnover of property of decedent alleged to be in the hands of Susan Pannone ("Pannone"). The discovery proceeding, as originally filed, sought the return of both real and personal property.

Surrogate's Court, Richmond County

ESTATE OF THERESA CAMINITO, Deceased

ESTATE OF THERESA CAMINITO, Deceased. (09/695/A) — This is a proceeding for the judicial settlement of the account of the Executrix of this estate.

Surrogate's Court, Richmond County

ANTHONY FAVAZZA

ORDERS SIGNED: MATTER OF ANTHONY FAVAZZA; Elizabeth Furcht; Anthony R. Merola; Irving Leventhal; & Ralph Avallone.

Surrogate's Court, Suffolk County

ESTATE OF NORMAN J. MERCER, Deceased

ESTATE OF NORMAN J. MERCER, Deceased (211P/08/D/F/G) — By decision/order dated August 29, 2012, this court denied a motion and cross-motion seeking summary relief on an application for contempt and consolidated said proceeding with a second application for contempt. Counsel for the objectants in the underlying accounting proceeding has moved for reargument of the court's prior determination.

Surrogate's Court, New York County

ESTATE OF IVAN ALLAN EZRINE, Deceased

ESTATE OF IVAN ALLAN EZRINE, Deceased (13/3789/C) — After conference with the court, this proceeding seeking relief against a fiduciary (SCPA §2102 [1]) has been discontinued pursuant to a stipulation, dated June 30, 2014, filed with the court.

Surrogate's Court, Richmond County

ESTATE OF LAURIE PERGAMENT, Deceased

ESTATE OF LAURIE PERGAMENT, Deceased. (09/867/A) — In this pending accounting proceeding, the court is in receipt of a copy of a letter by the Guardian ad Litem to the attorney for the fiduciary indicating that there is a delay by the fiduciary or counsel in providing requested information to the Guardian ad Litem.

Surrogate's Court, Nassau County

ESTATE OF HOWARD FRIEDRICKS, Deceased

ESTATE OF HOWARD FRIEDRICKS, Deceased (359023/D) — In connection with the administration of the estate of Howard Friedricks, a motion has been filed by David Friedricks, Kimberly Friedricks, James Friedricks and Natalie Friedricks for an order dismissing the petition and the amended petition filed by Susan Friedricks to discover property withheld from the estate by movants, and for the turnover of property pursuant to SCPA 2103.

Surrogate's Court, New York County

ESTATE OF BERNICE CHOCIANOWSKI

DECREE SIGNED: ESTATE OF BERNICE CHOCIANOWSKI (12/4167); Robert Leader (13/157); Christopher Corcoran (14/1875); Thomas Rosamilia (11/2792/B); Helen Lonergan Clark (14/1879); Edward C Taylor (14/1819); Caren Joyce Toren (14/2420); Carmela Vancek (14/1690); Alfonso Serrano (14/2575); Angeles Torres (14/1811); Robert Murphy (14/2612); John G Roche (14/2597); Mary Jayanthi Sundaram (14/2563); Nathan L Adler (14/2614); Margaret Abbott (14/114); Marjorie P Silver (14/2309); Lewis Hall (14/2591); Guy Rene Richard (14/1306); Cyrelle Barzilay Pinar (13/3609/A).

Surrogate's Court, New York County

ESTATE OF MARION IRENE BALLARD

ORDER SIGNED: ESTATE OF MARION IRENE BALLARD (12/2716); Stephanie Murphy (13/3176/A); Gloria Kisch (14/2120); Annette Fassberg (13/4618).

Surrogate's Court, Nassau County

FOR DISCOVERY AND TURNOVER OF ASSETS PURSUANT TO SCPA 2103; AND/OR FOR THE PROPER VALUATION, ETC., OF PROPERTY/ ASSETS OF THE ESTATE PURSUANT TO SCPA 2107

FOR DISCOVERY AND TURNOVER OF ASSETS PURSUANT TO SCPA 2103; AND/OR FOR THE PROPER VALUATION, ETC., OF PROPERTY/ ASSETS OF THE ESTATE PURSUANT TO SCPA 2107. (358300/D) — Before the court are motions filed on behalf of Madelaine Bernfeld, as executor of the estate of Michael Bernfeld. The motions were filed pursuant to CPLR Article 31, including but not limited to CPLR 3122, 3124, and 3126, and pursuant to NYCRR Part 130, Subpart 130-1 Section 130-1.1.

Surrogate's Court, Nassau County

ESTATE OF MICHAEL BERNFELD, Deceased

ESTATE OF MICHAEL BERNFELD, Deceased, (358300/B);

Surrogate's Court, Richmond County

ESTATE OF ANDREW M. GAMBARDELLA, Deceased

ESTATE OF ANDREW M. GAMBARDELLA, Deceased. (10/704/A) — The limited co-administrators of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on July 20, 2010 so as to enable them to compromise a wrongful death/personal injury cause of action on behalf of decedent.