Decisions

State Court Decisions

New York State, Court of Appeals

In the Matter of State of New York, Respondent v. Donald DD., Appellant, No. 172

In a Mental Hygiene article 10 trial, evidence that a respondent suffers from antisocial personality disorder cannot be used to support a finding that he has a mental abnormality as defined by Mental Hygiene Law §10.03 (i), when it is not accompanied by any other diagnosis of mental abnormality.

Practice Areas: Criminal Law , Health Law , Evidence

New York State, Court of Appeals

Huyen V. Nguyen, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, No. 146

Marriage between a half-uncle and half-niece is not void as incestuous under Domestic Relations Law §5 (3).

Practice Areas: Family Law , Immigration Law

Family Court, Essex County

Baronese Rutz, Petitioner v. William Rutz, Respondent, V-0229-12 & V-00230-12

Mother Found More Fit to Parent, Awarded Sole Legal, Physical Custody of Children

Practice Areas: Family Law

Civil Court, Kings County, Housing Part A

Newport Gardens Associates, Petitioner v. Shirley McCoy - Tenant Jamel McCoy - Sub-tenant Calvin McCoy - Sub-tenant "John Doe"/"Jane Doe" - Sub-tenant(s) Respondents, 104634/2013

Allocution of Illiterate Pro Se Tenant Far Below Minimum Level Rendering Stipulation Unjust

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, Criminal Term Part 50

The People of the State of New York, Plaintiff v. Tyqwan Christburg, Defendant, 5957/2014

Grand Larceny Charges Dismissed as Proof Of Stolen Property's Value Insufficient

Practice Areas: Criminal Law

Criminal Court, Bronx County, Part FB

The People of the State of New York, Plaintiff v. Jaqun Walters1, Defendant, 2013BX060727

Defendant Denied Motion to Renew/Reargue; CPLR 2221 Not Proper Vehicle in Criminal Law

Practice Areas: Civil Procedure , Criminal Law

Surrogate's Court, Bronx County

In the Matter of Guardianship of Louis C., II, a Mentally Retarded Person, 182G1999/A

Mother Given Chance to Present Medical Proof Of Unavailability at Hearing to Revoke Letters

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 51

Joseph M., Plaintiff v. Lauren J., Defendant, 304603/2013

Custody Motions Premature, Wife Denied Child Support as Husband Custodial Parent

Practice Areas: Family Law

New York State, Court of Appeals

In the Matter of Sylvan Lawrence, Deceased, No. 149

$44 Million Contingency Fee Upheld

Practice Areas: Legal Profession , Trusts and Estates

New York State, Court of Appeals

The People &c., Appellant v. Jermaine Dunbar, Respondent, No. 169

District Attorney's Office's Pre-Arraignment Interviews and "Preamble" to Miranda Warnings Held Invalid

Practice Areas: Criminal Law , Evidence

Supreme Court, Kings County, IAS Part 5G

Ezra Braha, Plaintiff v. Rina Braha, Defendant, 53005/2013

Judge Declines to Nullify Shredded Prenup

Practice Areas: Family Law

Supreme Court, New York County, IAS Part Three

Anderson & Anderson LLP-Guangzhou, Beijing Kaiming Law Offices, and Guandong Huatu Law Firm, Plaintiffs v. North American Foreign Trading Corp., Defendant, 651010/2011

Court Removes Attorney Who Will Be Called as Witness

Practice Areas: Legal Profession

Surrogate's Court, Nassau County

Administration Proceeding, Estate of Anne Fishman, Deceased, 30088

Daughter Granted Limited Letters to Bring Discovery Proceeding Against Brothers

Practice Areas: Trusts and Estates

County Court, Essex County

In the Matter of the Action by the April 2014 Essex County Grand Jury upon Its Investigation into the Death of Richard AA, CR14-144

DA's Request Authorizing Disclosure of Grand Jury Presentment Denied; Seal of Suit Ordered

Practice Areas: Civil Procedure

Civil Court, Kings County, Housing Part F

Eastern Parkway Hap Assoc. LP, Petitioner v. Christopher Rivera - Occupant "John Doe"/"Jane Doe" - Occupants, Respondents, 052150/2014

Grandson Entitled to Inherit Premises Despite Tenant's Failure to List Him on Income Affidavit

Practice Areas: Landlord/Tenant Law

Civil Court, Kings County

Prestige Medical P.C., a/a/o Khalil Abdullah, Plaintiff v. Travelers Home and Marine Ins. Co., Defendant, 726446/12

Insurer Forfeits Right to Issue Untimely Denial For Failing to Abide by Verification Procedures

Practice Areas: Insurance Law

Supreme Court, Bronx County, IA 20

LVN Corporation, Plaintiff v. Farzie Khan, et al, Defendant, 382949/2009

Order to Show Cause to Intervene, Represent Foreclosure Defendant Denied as Meritless

Practice Areas: Civil Procedure , Residential and Commercial Real Estate

Supreme Court, New York County, Part 17

Ronald Micca, Petitioner v. Board of Education of the City School District of the City of New York, and Dennis M. Walcott, in his official capacity as Chancellor of the City School District of the City of New York, Respondents, 110148/11

BoE Denied Dismissal of Challenge to U-Rating For Principal's Failure to Conduct Observation

Practice Areas: Education Law

Surrogate's Court, New York County

ESTATE OF TONY LAZZARINO, Deceased

ESTATE OF TONY LAZZARINO, Deceased, (12/3510/D) — The proposed compromise of a breach of contract claim against Warner Bros, in the estate of Tony Lazzarino is approved. The restrictions contained in the letters issued to the administrator are removed. She is authorized to collect the settlement proceeds and to execute the necessary receipts and releases.

Surrogate's Court, New York County

ESTATE OF ASTRID M. HAGTENGUTH, Deceased

ESTATE OF ASTRID M. HAGTENGUTH, Deceased. (11/2108) — Incident to her final accounting in the estate of Astrid Hagenguth, the Public Administrator requests a determination of the identity of decedent's distributees.

Surrogate's Court, New York County

ESTATE OF DORIS BULLOCK, Deceased

ESTATE OF DORIS BULLOCK, Deceased, (12/2237) — 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 she is authorized to collect the settlement proceeds and execute the necessary receipts and releases.

Appellate Division, Third Department

In the Matter of Stuart LL., Respondent v. Aimee KK., Appellant, 517255

Panel Clarifies Test for a Punitive Contempt Ruling

Practice Areas: Family Law , Evidence , Burden of Proof

Surrogate's Court, Nassau County

Proceeding to Discover Property Withheld from the Estate of Selma Kaufman, Deceased, Pursuant to SCPA 2103, 354650/C

Court Has No Subject Matter Jurisdiction To Decide Title to Real Property in Florida

Practice Areas: Civil Procedure

Supreme Court, Nassau County, Part 43

People of the State of New York, Plaintiff v. Marshall Hubsher, Defendant, 2049N-12

People's Application to Prohibit Defendant From Offering Certain Evidence Is Untimely

Practice Areas: Criminal Law

Supreme Court, Kings County, Part 36

BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, Plaintiff(s) v. Beverly Ramsay a/k/a Beverley Ramsay, et al., Defendant(s), 24240/09

Questions Exist Involving Circumstances of Loan Origination, Predatory Loan Practices

Practice Areas: Contracts

Surrogate's Court, Queens County

In the Matter of the Application of Susan Fialkoff as Administrator of the Goods, Chattels and Credits of Andrew Green, Deceased, to Discover and Turnover Property Withheld, 2013-1867/B

Affidavits Concerning Personal Transactions With Decedent Violate Dead Man's Statute

Practice Areas: Civil Procedure

Supreme Court, New York County, Part 15

Patterson Belknap Webb & Tyler LLP, Plaintiff v. Barbara Stewart, Defendant, 158524/2012

Defendant Fails to Provide Reasonable Excuse for Delay in Answering Complaint

Practice Areas: Civil Procedure

Appellate Term, First Department

1700 First Avenue LLC, Petitioner-Landlord-Respondent v. Marushka Parsons-Novak, Respondent-Tenant-Appellant -and- Robert Novak, Respondent-Undertenant-Appellant, 13-456

Landlord Need Not Serve Prescribed Notices On Occupant Who Is Not on Lease

Practice Areas: Landlord/Tenant Law

Surrogate's Court, New York County

EPTL §2-1.11 (d) (5) Petition of Neal Brickman, as Executor of the Will of DECISION HARVEY BRICKMAN, Deceased, for Permission to Renounce a Testamentary Interest

EPTL §2-1.11 (d) (5) Petition of Neal Brickman, as Executor of the Will of DECISION HARVEY BRICKMAN, Deceased, for Permission to Renounce a Testamentary Interest File No.: 2014- 1310/B — Neal Brickman, as executor of the will of Harvey Brickman, has discontinued his proceeding for permission to renounce an interest under the will ofMiriam Brickman.

Surrogate's Court, Nassau County

Probate Proceeding, Will of Janette Ann Curran, a/k/a Janette A. Curran, Deceased, 2014-379158/A

Court Grants Application for Preliminary Letters Testamentary Subject to Bond

Practice Areas: Trusts and Estates

Surrogate's Court, Bronx County

Rose Tilimbo, Anthony Casertano Jr. and Nina Sanders, Plaintiffs v. John Posimato as Preliminary Executor of the Estate of Salvatore Tilimbo, Defendant, 329 M 2007

Court Denies Motion of Objectants in Will Contest to Join Lawyer As a Defendant

Practice Areas: Trusts and Estates , Civil Procedure

Supreme Court, New York County, Part 55

In the Matter of the Application of East River Housing Corporation, Petitioner v. New York State Division of Human Rights, Respondent, 101137/13

Petitioner That Fought Against DHR's 'Arbitrary' Ruling Is Entitled to Fees

Practice Areas: Legal Profession , Attorney Fee Recovery

Appellate Division, Third Department

Terrence Gibbs, Respondent v. Ralph Porath, et al., Appellants, 517092

Court Determines Shared Boundary Line To Be As Depicted on a Survey Map

Practice Areas: Residential and Commercial Real Estate

Appellate Division, Third Department

Charles Lacasse, Appellant v. Salvatore Sorbello, Doing Business as Sorbello Landscaping, Respondent, 517662

Fact Issues Exist as to Whether Unsafe Use of Ladder Was Sole Proximate Cause of Accident

Practice Areas: Labor and Employment , Torts , Liability

Appellate Division, Second Department

In the Matter of Oliver Allain, Respondent v. Christina Oriola-Allain, Appellant, F-17069-07

Appeals Court Applies Fugitive Doctrine to Child Support Case

Practice Areas: Family Law , Custody and Child Support

Supreme Court, Nassau County, Crim. Term: Part 44

The People of the State of New York, Plaintiff v. Jesse Friedman, Defendant, 67104/87

Judge in Friedman Case Denies Recusal Bid

Practice Areas: Criminal Law

Appellate Term, First Department

The People of the State of New York, Respondent v. Kristen Howard, Defendant-Appellant, 12-101

Court Says Environmental Messages on Rings Aren't Protected Speech, Unlicensed Street Vending Conviction Stands

Practice Areas: Constitutional Law

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ORISTY FOOD CENTER, INC., res

2010-180 Q C. NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ORISTY FOOD CENTER, INC., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated April 9, 2007, deemed from a judgment of the same court entered November 30, 2009 (see CPLR 5520 [c]). The judgment, entered pursuant to the April 9, 2007 order, denied a petition to confirm an arbitration award and dismissed the proceeding.

Appellate Term, Second Judicial Department

PEOPLE v. CHARLES, MICHELET

2014-1965 S CR. PEOPLE v. CHARLES, MICHELET — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered October 28, 2013.

Surrogate's Court, Bronx County

THEA MARIANNE FERGUSON, An Absentee

MATTER OF THEA MARIANNE FERGUSON, An Absentee (12/2786) — The petitioners, the absentee's two daughters and only surviving distributees, seek a determination pursuant to EPTL 2-1.7 that the absentee died on May 11, 1970, three years after May 10, 1967, the date of her disappearance, and the issuance of letters of temporary administration to themselves.

Appellate Term, Second Judicial Department

WOOD v. KAUR

2014-873 OR C. WOOD v. KAUR — Motion by appellants on an appeal from a final judgment of the Justice Court of the Town of Wallkill, Orange County, dated April 11, 2014, to continue a stay granted by decision and order on motion of this court dated June 19, 2014, and for the release of funds on deposit.

Appellate Term, Second Judicial Department

ANGELO J. MELILLO CTR. FOR MENTAL HEALTH, INC. v. STRAEHLE

2014-898 N C. ANGELO J. MELILLO CTR. FOR MENTAL HEALTH, INC. v. STRAEHLE — Motion by appellant on an appeal from a decision of the District Court of Nassau County, First District, entered March 24, 2014, to continue a stay granted by decision and order on motion of this court dated June 25, 2014.

Appellate Term, Second Judicial Department

MID IS. PHYSICAL MED & REHAB, P.C. A/A/O AGBONLAHOR v. MERCURY CAS. CO

2013-2774 N C. MID IS. PHYSICAL MED & REHAB, P.C. A/A/O AGBONLAHOR v. MERCURY CAS. CO. — Motion by appellant to vacate an order of this court dated July 14, 2014, which dismissed an appeal from an order of the District Court of Nassau County, First District, entered October 24, 2013, and to mark the appeal withdrawn.

Surrogate's Court, Bronx County

ESTATE OF ADALBERTO ALVAREZ, Deceased

ESTATE OF ADALBERTO ALVAREZ, Deceased (11/2383/A) — This is an application by the administrator of this estate, to remove the restrictions on his limited letters of administration so that he may receive and judicially account for the settlement proceeds of a cause of action for the decedent's personal injuries.

Surrogate's Court, Bronx County

ESTATE OF ETHEL HUGHES, ALSO KNOWN AS ETHEL M. HUGHES, Deceased

ESTATE OF ETHEL HUGHES, ALSO KNOWN AS ETHEL M. HUGHES, Deceased (13/2614) — On the return date of the supplemental citation in this application by a daughter of the decedent seeking letters of administration, the decedent's remaining daughter failed to appear and the decedent's two sons filed waiver and consents to the application. In the absence of any opposition, the application is granted and letters of administration limited by SCPA 805 (3) shall issue to the petitioner.

Surrogate's Court, Bronx County

ESTATE OF JOHN MATZINGER, Deceased

ESTATE OF JOHN MATZINGER, Deceased (10/1166/A) — In this contested accounting proceeding, the executor, one of the decedent's four daughters, moves, inter alia, pursuant to CPLR 3212, for an order granting summary judgment dismissing the objections to the account filed by two other daughters (the objectants). The decedent's spouse consented to the account, and another daughter, who is unrepresented, takes no position on the motion. The objectants oppose the motion and also seek the executor's compliance with multiple discovery orders.

Surrogate's Court, Bronx County

ESTATE OF MARIO ALBERTO MORENO MORA, ALSO KNOWN AS MARIO MORENO, Deceased

ESTATE OF MARIO ALBERTO MORENO MORA, ALSO KNOWN AS MARIO MORENO, Deceased (13/59/A) — This is an application by the Public Administrator to allocate and judicially account for the proceeds of causes of action and a no-fault death benefit arising from the decedent's death settled in the Supreme Court, Bronx County (Thompson, J.). The supreme court order inter alia, directed payment of disbursements and counsel fees, including the fees to counsel for the Public Administrator.

Appellate Term, Second Judicial Department

SALLIE MAE, INC. v. CLARKE

2014-1609 Q C. SALLIE MAE, INC. v. CLARKE — Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered April 23, 2013.

Appellate Term, Second Judicial Department

PEOPLE v. VICUNA, ANDRES

2014-1431 Q CR. PEOPLE v. VICUNA, ANDRES — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 1, 2014, as a poor person, and for the assignment of counsel.

Appellate Term, Second Judicial Department

FERRARO v. GAZADER

2014-1546 K C. FERRARO v. GAZADER — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated July 23, 2014.

Appellate Term, Second Judicial Department

FIRST ATLANTIC TERM. v. BAKSH

2014-1551 K C. FIRST ATLANTIC TERM. v. BAKSH — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated July 16, 2014. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.

Appellate Term, Second Judicial Department

PEOPLE v. LAWSON, DWIGHT W

2014-1949 S CR. PEOPLE v. LAWSON, DWIGHT W. — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered August 4, 2014, as a poor person, and for the assignment of counsel.

Appellate Term, Second Judicial Department

CAG ENTER., INC. v. FRANCE

2014-366 K C. CAG ENTER., INC. v. FRANCE — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 21, 2014, to continue a stay granted by amended decision and order on motion of this court dated May 5, 2014. Cross motion by respondent to vacate the stay, dismiss the appeal and for the release of funds on deposit.

Surrogate's Court, Bronx County

ESTATE OF BRIANNA A. GUZMAN, ALSO KNOWN AS BRIANNA GUZMAN, ALSO KNOWN AS BRIANNA ALEXIS GUZMAN, Deceased

ESTATE OF BRIANNA A. GUZMAN, ALSO KNOWN AS BRIANNA GUZMAN, ALSO KNOWN AS BRIANNA ALEXIS GUZMAN, Deceased (12/2832/A) — The administrator, the designee of the decedent's parents, seeks to compromise claims arising from the decedent's death and judicially account for the settlement proceeds and a no-fault death benefit.

Appellate Term, Second Judicial Department

TYRRELL v. KELLY

2014-866 OR C. TYRRELL v. KELLY — Motion by appellants on an appeal from a judgment of the Justice Court of the Village of Maybrook, Orange County, dated April 8, 2014, to continue a stay granted by decision and order on motion of this court dated June 23, 2014.

Surrogate's Court, Richmond County

ESTATE OF ANTHONY GALLETTA, Deceased

ESTATE OF ANTHONY GALLETTA, Deceased (07/99/A) — This is an application by the limited and restricted administratrix of this estate to modify the limitations contained in the Limited and Restricted Letters of Administration issued by this Court on February 20, 2007 so as to enable her to compromise a wrongful death/ conscious pain and suffering cause of action on behalf of the decedent.

Appellate Term, Second Judicial Department

BUTCHER v. ROSENBERG

2013-1177 N C. BUTCHER v. ROSENBERG — Appeal from an order of the District Court of Nassau County, Second District, dated May 22, 2013.

Appellate Term, Second Judicial Department

BLUFSHTEYN v. PINNO

2014-1935 K C. BLUFSHTEYN v. PINNO — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 19, 2014, and, in effect, for summary reversal of the order.

Appellate Term, Second Judicial Department

CITIBANK v. ETKINS

2013-2782 Q C. CITIBANK v. ETKINS — Motion by the appellant, in effect, to vacate an order of this court dated June 23, 2014, which dismissed an appeal from a decision of the Civil Court of the City of New York, Queens County entered October 9, 2013.

Surrogate's Court, Bronx County

ESTATE OF ROBERT STERNBACH, Deceased

ESTATE OF ROBERT STERNBACH, Deceased (09/1562/A/B) — In this estate in which two separate proceedings seeking the determination of claims are pending, the court received a written stipulation signed by all parties which, inter alia, withdraws both proceedings. Accordingly, this decision constitutes the order of the court marking the two proceedings "withdrawn".

Appellate Term, Second Judicial Department

REESE v. TONY'S AUTO REPAIR

2014-807 K C. REESE v. TONY'S AUTO REPAIR — Motion by appellant on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 25, 2013, to strike respondent's proposed amendments or objections to the transcript, and to strike certain references in the respondent's brief. Separate motion by appellant for an enlargement of time to serve and file reply papers.

Surrogate's Court, Richmond County

ESTATE OF CHARLOTTESCHWEIKERT, Deceased

ESTATE OF CHARLOTTESCHWEIKERT, Deceased (P/249/00/C&D) — In these pending trustee accounting proceedings, the Court appointed James E. Sak, Esq., as Guardian ad Litem to represent William Schweikert, an incapacitated trust beneficiary. The Court has been advised that James E. Sak, Esq., cannot continue his representation as Guardian ad Litem. Accordingly, the Court relieves him of the appointment. The Guardian ad Litem has indicated his waiver of fees as a Guardian ad Litem for services previously rendered within these current proceedings, as well as prior proceedings (sub files A & B) within this Estate.

Surrogate's Court, Richmond County

ESTATE OF FRED R. MAGRI, A/K/A FREDRICK R. MAGRI, A/K/A FREDRICK ROBERT MAGRI, Deceased

ESTATE OF FRED R. MAGRI, A/K/A FREDRICK R. MAGRI, A/K/A FREDRICK ROBERT MAGRI, Deceased (14/477) — Petitioner seeks to admit to probate a testamentary instrument, dated March 15, 2007, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC. v. ROCKAWAY BAGELS, INC

2009-1830 Q C. NEW YORK MERCHANTS PROTECTIVE CO., INC. v. ROCKAWAY BAGELS, INC. — Motion by appellant for leave to reargue an appeal from an order of the Civil Court, Queens County entered March 25, 2009, which was determined by decision and order of this court dated April 11, 2011.

Appellate Term, Second Judicial Department

BEN KLEIN, INC. v. IMBASCIANI

2014-1720 K C. BEN KLEIN, INC. v. IMBASCIANI — Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated March 7, 2014.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. APOLLON WATERPROOFING & RESTORATION CORP., res

2010-198 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. APOLLON WATERPROOFING & RESTORATION CORP., res — Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated July 14, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.

Surrogate's Court, Richmond County

ESTATE OF JUSTIN MCCARTHY, A/K/A JUSTIN A. MCCARTHY, Deceased

ESTATE OF JUSTIN MCCARTHY, A/K/A JUSTIN A. MCCARTHY, Deceased (13/1254) — Petitioner seeks to admit to probate a testamentary instrument, dated August 19, 2011, 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, Richmond County

ESTATE OF CARLO VINACCIA, Deceased

ESTATE OF CARLO VINACCIA, Deceased (13/535) — In this probate proceeding, it appears that unknown distributees, and/or distributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Bronx County

ESTATE OF HENRY ROTHSCHILD, Deceased

ESTATE OF HENRY ROTHSCHILD, Deceased (12/1424/A) — In this will construction proceeding, the respondent, Susan Nieschlag, a cousin of the decedent's predeceased spouse, moves, pursuant to CPLR 3212, for summary judgment and an order determining that the decedent's collections of stamps, platinum, gold and silver coins and various currencies ("the collections") constitute tangible personal property specifically bequeathed to her under Article TWO (A) of the decedent's will dated March 22, 2010. The motion is opposed by the executor, who contends that the collections are part of the residuary estate that passes to an irrevocable trust established by the decedent with numerous beneficiaries, principally charities ("the trust"). The executor is the trustee. Pursuant to a stipulation of the parties, a SCPA 2103 proceeding commenced by the executor against Nieschlag seeking turnover and inspection of stamps allegedly gifted to her by the decedent's spouse is being held in abeyance until determination of this motion. A summary judgment motion by the executor in an underlying will construction proceeding was denied (see Matter of Rothschild, NYLJ, Mar. 18, 2014, at 23, col 1 [Sur Ct., Bronx County 2014]).

Appellate Term, Second Judicial Department

EMC HEALTH PRODS., INC. A/A/O CELESTINE v. NATIONAL LIAB. & FIRE INS. CO

2014-1606 Q C. EMC HEALTH PRODS., INC. A/A/O CELESTINE v. NATIONAL LIAB. & FIRE INS. CO. — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, dated May 14, 2014.

Appellate Term, Second Judicial Department

LINDEN PLAZA PRESERV., L.P. v. ISUMA

2014-1721 K C. LINDEN PLAZA PRESERV., L.P. v. ISUMA — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 12, 2014.

Surrogate's Court, Richmond County

ESTATE OF LUCILLE PADULA, Deceased

ESTATE OF LUCILLE PADULA, Deceased (13/1222) — A conference was held on this ongoing probate proceeding with the Court's Law Department, on October 22, 2014. Appearances were made by attorneys for all parties. The Last Will and Testament of Lucille Padula shall be admitted to probate on consent of all parties. Furthermore, a discovery schedule was agreed to by and between the respective attorneys whereby:

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ROCKAWAY BAGELS, INC., res

2009-1830 Q C. NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ROCKAWAY BAGELS, INC., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 25, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.

Surrogate's Court, Bronx County

GUARDIANSHIP OF LOUIS C., II, (99/182G/A) and

GUARDIANSHIP OF LOUIS C., II, (99/182G/A) and (99/182G/B) — Pending before the court are two proceedings concerning the guardianship of the person of Louis: (1) a proceeding commenced by the facility where Louis resides, inter alia, to revoke the letters of guardianship that issued to Louis' mother (the respondent), who is appearing pro se; and, (2) a proceeding commenced by Louis' sister, also appearing pro se, for the issuance of successor letters of guardianship of his person to herself in the place of Louis' mother (also the respondent in this proceeding). The court commenced hearings on both proceedings on June 4, 2014 and continued them on June 30, 2014 and July 1, 2014, with the next date scheduled for September 29, 2014. On the morning of September 29, 2014, the pro se respondent telephoned the court's Guardian Department indicating that she would be unable to appear on that day due to medical reasons. A member of the court's Law Department then telephoned the respondent to confirm that, in fact, she called the Guardian Department to advise that she would not be able to appear due to medical reasons, and informed her that medical proof would need to be provided by a certain date regarding her inability to appear.

Appellate Term, Second Judicial Department

TRUMP VIL. APTS. TWO OWNERS, LLC v. FAISON

2014-1988 K C. TRUMP VIL. APTS. TWO OWNERS, LLC v. FAISON — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated September 2, 2014. Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC. v. ANTIQUE RUGS STUDIO, INC

2010-398 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC. v. ANTIQUE RUGS STUDIO, INC. — Motion by appellant for leave to reargue an appeal from an order of the District Court of Nassau County, First District, dated December 14, 2009, which was determined by decision and order of this court dated April 11, 2011.

Surrogate's Court, Richmond County

ESTATE OF JOHN J. DUFFY, Deceased

ESTATE OF JOHN J. DUFFY, Deceased. (10/1085/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on November 12, 2010, so as to enable her to compromise a wrongful death/ conscious pain and suffering cause of action on behalf of the decedent.

Appellate Term, Second Judicial Department

OAKWOOD TERRACE HOUS. CORP. v. MONK

2013-975 OR C. OAKWOOD TERRACE HOUS. CORP. v. MONK — Motion by appellant to vacate an order of this court dated November 12, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of New Windsor, Orange County, entered May 30, 2013.

Surrogate's Court, Bronx County

ESTATE OF MARIA S. ORTIZ, Deceased

ESTATE OF MARIA S. ORTIZ, Deceased (09/2522/B) — In this proceeding to judicially settle the account of the executor, one of the decedent's daughters, the court finds that it is disqualified and must recuse itself from presiding over the matter, without remittal, for the reasons set forth in herein.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC. v. RICCA

2009-1844 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC. v. RICCA — Motion by appellant for leave to reargue an appeal from an order of the District Court of Nassau County, First District, entered April 7, 2009, which was determined by decision and order of this court dated April 11, 2011.

Surrogate's Court, Bronx County

ESTATE OF MASIE GILLESPIE, Deceased

ESTATE OF MASIE GILLESPIE, Deceased (12/2253/A) — In this application by the administrator, the decedent's spouse, to inter alia, lift the restrictions contained in his limited letters of administration so that he may collect insurance benefits in the form of supplemental uninsured motorist coverage and judicially account therefor; pay funeral creditors and distribute the balance to himself pursuant to EPTL 4-1.1.

Surrogate's Court, Bronx County

ESTATE OF JOHN MCCORMACK, ALSO KNOWN AS JOHN J. MCCORMACK, Deceased

ESTATE OF JOHN MCCORMACK, ALSO KNOWN AS JOHN J. MCCORMACK, Deceased (04/378A/E) — The administrator, the decedent's sister and sole distributee, seeks to distribute from her attorneys' escrow account the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master. The cause of action arose from the decedent's exposure to asbestos.

Appellate Term, Second Judicial Department

82 ASSOC., LLC v. LADIES & GENTS OF 82ND ST., LLC

2014-1708 Q C. 82 ASSOC., LLC v. LADIES & GENTS OF 82ND ST., LLC — Motion by appellant for a stay pending the determination of an appeal from an order and a final judgment of the Civil Court of the City of New York, Queens County, both entered June 23, 2014.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. RICCA, res

2009-1844 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. RICCA, res Appeal from an order of the District Court of Nassau County, First District (Anthony William Paradiso, J.), entered April 7, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding without prejudice to renewal.

Appellate Term, Second Judicial Department

ROSMAN & CO. v. CHIDECKEL

2013-859 N C. ROSMAN & CO. v. CHIDECKEL — Motion by appellant for leave to reargue an appeal from an order of the District Court of Nassau County, First District, dated July 11, 2012, which was determined by decision and order of this court dated July 28, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

Appellate Term, Second Judicial Department

HEALING ART ACUPUNCTURE, P.C. A/A/O RODRIGUEZ v. ELRAC, INC

2014-1697 K C. HEALING ART ACUPUNCTURE, P.C. A/A/O RODRIGUEZ v. ELRAC, INC.— Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 1, 2013.

Appellate Term, Second Judicial Department

PEOPLE v. CHARRAN, SURUJPAUL

2014-1766 K CR. PEOPLE v. CHARRAN, SURUJPAUL — Application by defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Civil Court of the City of New York, Kings County, dated May 19, 2014, which has been referred to me for determination.

Surrogate's Court, Richmond County

ESTATE OF JEANNE A. QUARANTA, A/K/A JEANNE QUARANTA, Deceased

ESTATE OF JEANNE A. QUARANTA, A/K/A JEANNE QUARANTA, Deceased (14/563/A) — Petitioner seeks probate of a propounded instrument, dated April 22, 2008, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to him.

Surrogate's Court, Bronx County

ESTATE OF VINCENT BOCCIA, Deceased

ESTATE OF VINCENT BOCCIA, Deceased (07/51/B) — The administrator, the decedent's spouse, seeks to remove the restrictions contained in her limited letters of administration so that she may distribute from her attorney's escrow account the settlement proceeds of personal injury causes of action arising from the decedent's exposure to asbestos.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ANTIQUE RUGS STUDIO, INC. and SOL HAKIMIAN, res

2010-398 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC., app v. ANTIQUE RUGS STUDIO, INC. and SOL HAKIMIAN, res — Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated December 14, 2009. The order, insofar as appealed from, denied a petition to confirm an arbitration award.

Surrogate's Court, Richmond County

ESTATE OF JANET S. MARCHESE, A/K/A JANET MARCHESE, Deceased

ESTATE OF JANET S. MARCHESE, A/K/A JANET MARCHESE, Deceased (14/846) — Petitioner seeks probate of a propounded instrument, dated April 6, 2000, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to her.

Surrogate's Court, Bronx County

ESTATE OF MARY P. GAUGHAN ALSO KNOWN AS MARY PATRICIA GAUGHAN, Deceased

ESTATE OF MARY P. GAUGHAN ALSO KNOWN AS MARY PATRICIA GAUGHAN, Deceased (14/1624) — This is an application by an alleged creditor for the issuance of limited letters of administration to the Public Administrator for the purposes listed in the application. On the return date of citation, there was no appearance by the decedent's brother, and the Public Administrator appeared and consented on the record in open court to the issuance of the limited letters requested. Accordingly, the application is granted and a decree may be settled granting letters of administration to the Public Administrator limited to the purposes listed in the application.

Surrogate's Court, Bronx County

GUARDIANSHIP OF SHAMDAI R.

GUARDIANSHIP OF SHAMDAI R., (13/1807) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioners as guardians of the person of the respondent, an alleged mentally retarded person.

Appellate Term, Second Judicial Department

NEW YORK MERCHANTS PROTECTIVE CO., INC. v. APOLLON WATERPROOFING & RESTORATION CORP

2010-198 N C. NEW YORK MERCHANTS PROTECTIVE CO., INC. v. APOLLON WATERPROOFING & RESTORATION CORP. — Motion by appellant for leave to reargue an appeal from an order of the District Court of Nassau County, First District, dated July 14, 2009, which was determined by decision and order of this court dated April 11, 2011.

Surrogate's Court, Bronx County

GUARDIANSHIP OF JONATHAN K.W.

GUARDIANSHIP OF JONATHAN K.W., (13/1170) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged developmentally disabled person.

Surrogate's Court, Richmond County

ESTATE OF MICHAEL W. DECARO, Deceased

ESTATE OF MICHAEL W. DECARO, Deceased (08/656/C) — The limited administrator of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 15, 2008, so as to enable him to compromise a wrongful death/personal injury cause of action on behalf of decedent. Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death/personal injury claim in the amount of $75,000.00 is approved. All proceeds are allocated to the cause of action for personal injury. Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $25,410.47 payable to Levy, Phillips & Konigsberg, LLP, and the Maune Raichle Law Firm. The net balance in the amount of $49,589.53 shall be paid to the decedent's distributees pursuant to Estate, Powers & Trust Law Section 4-1.1 as follows: $16,529.85 to Delfino E. Decaro; and $16,529.84 to Louis F. Decaro; and $16,529.84 to Maryann Christiano.