State Court Decisions

Supreme Court, Bronx County, Part 60

The People v. Bridgewater, 2562-1993

Rapist Denied Vacatur of Conviction, Enjoined From Further Motions Without Leave of Court

2562-1993
Justice Steven Barrett

Appellate Division, First Department

The People of the State of New York, Respondent v. Lino Rios, Defendant-Appellant, 2530/12

2530/12
Before: Tom, J.P., Mazzarelli, Andrias, Manzanet-Daniels, Gesmer, JJ.

Surrogate's Court, New York County

Matter of Johnson, 2009-3447/A/B/C

Court Rules Decedent's Spouse Disqualified From Sharing in Proceeds of Settlement

2009-3447/A/B/C
Surrogate Rita Mella

Appellate Division, First Department

Patrolmen's Benevolent Association of the City of New York v. City of New York, 653550/13

Panel Upholds NYC Measure That Prohibits Biased Policing

653550/13
Before: Mazzarelli, J.P., Acosta, Moskowitz, Gische, JJ.

Supreme Court, Queens County, Criminal Term, Part K-7

The People v. Sease, 3548/95

Claim of Ineffective Assistance of Counsel Undermined by Record; Vacatur Denied

3548/95
Justice Robert Kohm

Supreme Court, Kings County, I.A.S. Term, Part 5J

Yulia C. v. Angelo C., 52303/2014

Wife Fails to Offer Sufficient Evidence for Court To Decide Paternity, Sole Legal Custody Issues

52303/2014
Justice Ingrid Joseph

Criminal Court, Bronx County, Part AP2

The People v. Sanchez, 2016BX009656

Reckless Endangerment Charge Dismissed, No Substantial Risk of Injury Found in Conduct

2016BX009656
Judge Mary Rosado

Criminal Court, Bronx County, Part AP-5

The People v. Kamara, 2015BX032235

Prosecutors Stopped Speedy Trial Clock; 183 Of 184 Days Chargeable, Dismissal Denied

2015BX032235
Justice Armando Montano

Appellate Division, Second Department

People v. Gilbert Cleverin, 12071/08

Evidence Suppressed Over Miranda Doubts

12071/08
Before: Dillon, J.P., Balkin, Hinds-Radix, Connolly, JJ.

County Court, St. Lawrence County

Matter of Special Prosecutor

Court Declines to Appoint Special Prosecutor In All 59 of One Attorney's Cases With DA

[Index Number Redacted by Court]
Judge John Richey

Supreme Court, Suffolk County, I.A.S. Part 19

PL v. RL

Father Fails to Establish Children Abandoned Him to Warrant Termination of Support

[Index Number Redacted by Court]
Justice Cheryl Joseph

Supreme Court, Kings County, IAS, Part 76M

Matter of Mitchell, 100163/14

Successor Property Guardian Granted Money Judgment Against AIP's Attorney-in-Fact

100163/14
Justice Michael Pesce

Surrogate's Court, Bronx County

Matter of Gianni V., 214G-2003/A

Vacatur of Default in Proceeding Seeking Liability for Infant's Lost Funds Granted NYCB

214G-2003/A
Surrogate Nelida Malave-Gonzalez

Criminal Court, New York County, Part E

The People v. Sosa-Lopez, 2016NY006932

Defense Motion Challenging Constitutionality Of Statute Denied, Motion to Be Served on AG

2016NY006932
Judge Louis Nock

Appellate Term, 9th & 10th Judicial Districts

The People v. Wilkins, 2014-102 W CR

Taint of Improper Admission of Chemical Breath Test Grants Reversal of Judgment

2014-102 W CR
Before: Marano, P.J., Iannacci and Tolbert, JJ.

New York State, Court of Appeals

People v. Glenn S. Smith, No. 103 and Norman E. Ramsey, No. 104

Affidavit of errors must be filed in all instances where appeals are being taken of criminal convictions in town or village courts.

No. 103 No. 104
For both cases: Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

230 Park Avenue v. Kurzman Karelsen & Frank, No. 50

Landlord Has No Duty to Help Tenant Defray Costs Caused by Early Withdrawal From Office Lease

No. 50
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Chief Judge DiFiore took no part.

New York State, Court of Appeals

Seneca Nation v. Judge Robert Noonan, No. 114

No. 114
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Stein concur. Judge Fahey took no part.

New York State, Court of Appeals

People v. Carlos Palencia, No. 165

No. 165 SSM 11
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Dayshawn Crooks, No. 116

No. 116
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur.

Appellate Division, Fourth Department

The People of the State of New York, Respondent v. Elfin Elliott, Defendant-Appellant, KA 13-01689

Panel Says 'Grabbing' Did Not Justify Arrest

KA 13-01689
Before: Centra, J.P., Peradotto, Lindley, DeJoseph, and Nemoyer, JJ.

Supreme Court, Nassau County, Trial/IAS Part 14

Lehrman v. N.Y. City Depart. of Edu., 608064-15

Teacher's Discrimination Suits Against DOE Found Untimely, Complaint Dismissed

608064-15
Justice Edward Maron

Supreme Court, Queens County

Rabun-Wood v. Fresh Direct Holdings LLC, 708218/2014

Triable Issues on Accident's Occurrence Precludes Summary Judgment to Both Parties

708218/2014
Justice Robert McDonald

Supreme Court, New York County, Part 39

Deep Woods Holdings LLC v. Pryor Cashman LLP, 652886/2015

Sought Documents Not Protected by Attorney/ Client Privilege for Jointly Represented Clients

652886/2015
Justice Saliann Scarpulla

Supreme Court, New York County, IAS Part 61

Gleeson v. Phelan, 654187/2015

Debtor Denied Cross-Motion to Dismiss Lenders' Motion for Reimbursement

654187/2015
Justice Barry Ostrager

Supreme Court, New York County, IAS Part 17

BLT Steak LLC v. Liberty Power Corp, L.L.C., 151293/13

Plaintiffs Granted Leave to File Amended Complaint Converting Suit to Class Action

151293/13
Justice Shlomo Hagler

Supreme Court, New York County, Part 2

Vladeck, Raskin, & Clark, P.C. v. Camme, 162951/15

Law Firm Denied Summary Judgment in Lieu Of Complaint on Judgment Against Ex-Client

162951/15
Justice Kathryn Freed

Surrogate's Court, New York County

SARAH DONNA JUNE JOFFE AND AVERY J. GROSS Plaintiff(s), v. SUSAN WIDELITZ AND AMY HOLZMAN, Defendant(s)

SARAH DONNA JUNE JOFFE AND AVERY J. GROSS Plaintiff(s), v. SUSAN WIDELITZ AND AMY HOLZMAN, Defendant(s) — (13/100304) — This proceeding has been discontinued by the parties pursuant to a stipulation of discontinuance filed with the court on June 3, 2016 (see CPLR 3217[a][2] and section 207.24 of the Uniform Rules for the Surrogate's Court).


Surrogate Mella

Appellate Term, First Judicial Department

BSREP UA River Crossing, LLC v. Davis, Tracy

570571/15. BSREP UA River Crossing, LLC v. Davis, Tracy

570571/15
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

Lancer Acupuncture PC, a/a/o Muzis, A. v. Amica Mutual Ins. Co.

570895/15. Lancer Acupuncture PC, a/a/o Muzis, A. v. Amica Mutual Ins. Co.

570895/15
: Lowe, P.J., Schoenfeld, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

135 W. 13 LLC v. Stollerman, Judith & Sandow, Danielle M.

570847/14. 135 W. 13 LLC v. Stollerman, Judith & Sandow, Danielle M.

570847/14
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

China Co. NYC LLC v. Paris Wedding Center Corp.

570398/16. China Co. NYC LLC v. Paris Wedding Center Corp.,

570398/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

NY Foundation for Senior Citizens et al., v. Zapata, Aramis Ex-parte applications are declined

570438/16. NY Foundation for Senior Citizens et al., v. Zapata, Aramis Ex-parte applications are declined.

570438/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Tockwotten Associates LLC v. Hall, Brooks Ex-parte applications are declined

570437/16. Tockwotten Associates LLC v. Hall, Brooks Ex-parte applications are declined.

570437/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

WHGA Garvey Apartments L.P. v. Agosto, Zaida Ex-parte applications are declined

570439/16. WHGA Garvey Apartments L.P. v. Agosto, Zaida Ex-parte applications are declined.

570439/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Allerton Avenue Associates LLC v. NTR Corporation

570316/16. Allerton Avenue Associates LLC v. NTR Corporation

570316/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Bayview Loan Serving, LLC v. Wade, Cherisse Ex-parte applications are declined

570436/16. Bayview Loan Serving, LLC v. Wade, Cherisse Ex-parte applications are declined.

570436/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF HARRY H. LIPSIG, Deceased

ESTATE OF HARRY H. LIPSIG, Deceased (95/3626/C) — The pending motion to extend the time to comply with an order of the court in this proceeding is being marked withdrawn, with prejudice, pursuant to a Stipulation of Discontinuance filed with the court by the parties on June 17, 2016 (see CPLR 3217[a][2] and section 207.24 of the Uniform Rules for the Surrogate's Court).

95/3626/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF LAURIE THOMPSON A/K/A Deceased

ESTATE OF LAURIE THOMPSON A/K/A Deceased (16/895/A) — The May 18, 2016 decree admitting the Last Will and Testament of Laurie Thompson to probate is hereby vacated as premature.

16/895/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF AMY BLUMENTHAL, Grantor

ESTATE OF AMY BLUMENTHAL, Grantor (14/3622/B,C) — After conferences with the court, this proceeding to invalidate certain amendments to the 2003 Amy M. Blumenthal Revocable Trust has been discontinued, with prejudice, pursuant to a stipulation dated June 15, 2016, filed with the court.

14/3622/B,C
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF CARMEN VILLEGAS, Deceased

ESTATE OF CARMEN VILLEGAS, Deceased (12/4478/B) — This is an uncontested petition by decedent's sister and niece seeking an extension of time to file a renunciation in the estate of Carmen Villegas (EPTL §2-1.11 [c][2]). The record reflects that there was reasonable cause for petitioners' delay in filing a renunciation. Accordingly, the petition is granted. The time for petitioners to file a renunciation of the interests described in the petition is extended until thirty days from the date of this decision, which constitutes the order of the court.

12/4478/B
Surrogate Anderson

Surrogate's Court, New York County

THE APPLICATION OF SUSAN A. TURNER, TRUSTEE OF THE AMY BLUMENTHAL REVOCABLE TRUST UNDER AGREEMENT DATED APRIL 30, 2013, AND TRUSTEE OF THE AMY M. BLUMENTHAL FAMILY TRUST UNDER THE WILL OF SUSAN REINAUER ZANE DATED SEPTEMBER 10, 1999, PETITIONERS, FOR A DECREE PURSUANT TO SCPA §2103 DIRECTING DELIVERY OF CERTAIN PROPERTY IN THE POSSESSION OF RANDALL A. BLUMENTHAL, AS THE INVESTMENT MEMBER OF LION HOUND INVESTMENTS, LLC, Respondent, AND FOR AN ACCOUNTING, INJUNCTIVE AND OTHER RELATED RELIEF

IN THE MATTER OF THE APPLICATION OF SUSAN A. TURNER, TRUSTEE OF THE AMY BLUMENTHAL REVOCABLE TRUST UNDER AGREEMENT DATED APRIL 30, 2013, AND TRUSTEE OF THE AMY M. BLUMENTHAL FAMILY TRUST UNDER THE WILL OF SUSAN REINAUER ZANE DATED SEPTEMBER 10, 1999, PETITIONERS, FOR A DECREE PURSUANT TO SCPA §2103 DIRECTING DELIVERY OF CERTAIN PROPERTY IN THE POSSESSION OF RANDALL A. BLUMENTHAL, AS THE INVESTMENT MEMBER OF LION HOUND INVESTMENTS, LLC, Respondent, AND FOR AN ACCOUNTING, INJUNCTIVE AND OTHER RELATED RELIEF (14/3622/A) — After conferences with the court, this turnover proceeding by the trustee of the trust established by Amy Blumenthal on April 30, 2013, was discontinued, with prejudice, pursuant to a stipulation dated June 15, 2016, filed with the court.

14/3622/A
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF SAM SALZ, Deceased

ESTATE OF SAM SALZ, Deceased (81/1729/A/B) — At the call of the calendar on June 17, 2016, the return date of these motions seeking to intervene in a proceeding commenced by Marc Salz — decedent's son and a residuary beneficiary under his will — wherein he seeks removal of the surviving co-executor under decedent's will and Salz's appointment as Administrator c.t.a., the motions were denied. Movants, Bellagio, LLC, and the Trustee of the Janet Salz 2009 Revocable Truste, did not advance any basis to intervene as of right pursuant to CPLR §1012, and failed to demonstrate why the court should exercise its discretion to allow their intervention in this proceeding pursuant to CPLR §1013. As potential debtors of this estate, movants failed to show that they have a real and substantial interest in this proceeding in which the only determination to be made by the court is whether a fiduciary must be appointed to pursue a potential cause of action. The court ruled that allowing this proceeding to be turned into a plenary action on the merits of such cause of action was not warranted.

81/1729/A/B
Surrogate Mella

Surrogate's Court, New York County

NEUBERGER BERMAN TRUST CO., N.A., Plaintiff, v. SARAH J. SCHLESINGER, AS EXECUTOR OF THE ESTATE OF EDWARD S. SCHLESINGER, AND HOFHEIMER, GARTLIR & GROSS LLP, Defendants

NEUBERGER BERMAN TRUST CO., N.A., Plaintiff, v. SARAH J. SCHLESINGER, AS EXECUTOR OF THE ESTATE OF EDWARD S. SCHLESINGER, AND HOFHEIMER, GARTLIR & GROSS LLP, Defendants (83/0735 H) — Neuberger Berman Trust Co., N.A., ("Neuberger") brought an action in Supreme Court, New York County, for legal malpractice against the law firm Hofheimer Gartlir & Gross, LLP ("HGG") and the estate of Edward S. Schlesinger ("Schlesinger"), a law partner at HGG. The action was transferred to this court, where HGG moved to dismiss pursuant to CPLR 3211(a)(5), asserting that the malpractice claim was time barred under the three-year statute of limitations.

83/0735 H
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF SAAD KAMEL WASSEF, Deceased

ESTATE OF SAAD KAMEL WASSEF, Deceased (12/4198) — The proposed compromise of the cause of action for the conscious pain and suffering of Saad Kamel Wassef 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.

12/4198
Surrogate Anderson

Appellate Division, Third Department

People v. Leon Smith, 107030

Panel Faults Attorney, Orders New Trial

107030
Before: Peters, P.J., Lahtinen, Garry, Clark and Mulvey, JJ.

Supreme Court, New York County, Part 3

Mallis v. Graubard Miller, 653330/2015

Ex-Graubard Partner Loses Bid to Overturn Fee Agreement

653330/2015
District Judge Eileen Bransten

Civil Court, New York County, Housing Part

Esplanade Gardens, Inc. v. Simms, 74586/2015

Termination Notice Nullified by Accepting Rent After Termination, Before Commencing Suit

74586/2015
Judge Michael Weisberg

Supreme Court, Queens County, IAS Part 14

Deutsche Bank National Trust Co. v. Barquero, 702181/2014

Bank's Motion to Renew/Reargue Prior Court Order for Summary Judgment Denied

702181/2014
Justice David Elliot

Civil Court, Kings County, Part 41

Mollo v. Geico Ins. Co., 22122/14

Triable Issues Remain in Insurer's EUO No-Show Defense in No-Fault Benefits Recovery Suit

22122/14
Judge Richard Montelione

Supreme Court, Bronx County, Part 15

U.S. Bank v. Getfield, 35576/2015E

Bank Fails to Establish Standing to Sue Without Details of Note's Physical Delivery

35576/2015E
Justice Mary Ann Brigatti

Civil Court, New York County

West Investors LLC v. New Cingular Wireless PCS LLC, 79576/15

Tenant Establishes Installation of HVAC Unit Permitted Under Lease; Holdover Dismissed

79576/15
Judge Anthony Cannataro

Supreme Court, New York County, IAS Part 6

Teman v. Braverman, 805410/2014

Doctor Granted Dismissal of Patient's Complaint for Improper Service

805410/2014
Justice Joan Lobis

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

Citimortgage, Inc., Plaintiff v. Nicholas Scarpinato, Kimberly Scarpinato, New York State Department of Taxation and Finance, "John Does" and "Jane Does", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants, 18901/09

Bank Granted Summary Judgment That Mortgage Was Lost or Inadvertently Destroyed—and Thus Not Recorded—as Result of Direction That County Clerk Photocopy Mortgage

18901/09
Justice Paul Baisley

Supreme Court, Warren County

Goldstein v. The Sagamore Resort, 55889

Court Finds Summary Judgment to Defendants Improper At Junction in Trip And Fall Action

55889
Justice Robert Muller

Supreme Court, Clinton County

Matter of Flinn v. Annucci, 2016-27

Respondent Denied Dismissal of Inmate's Appeal to Denial of Participation in FRP

2016-27
Justice Peter Feldstein

County Court, Suffolk County

The People v. Pagano, 08010/2016

Court Finds 80 Points on RAI Appropriate, Designating Defendant Level II Sex Offender

08010/2016
Judge Barbara Kahn

Supreme Court, Suffolk County, I.A.S. Part 39

Schillaci v. Town of Islip, 11-8447

Town's Lack of Notice Defense Shown to Lack Merit, Dismissed in Personal Injury Action

11-8447
Justice Denise Molia

Supreme Court, New York County, Part 43

McCulloch Orthopedic Surgical Services v. Group Health Ins. Incorporated, 156145/14

Insurer Fails to Meet Burden on Dismissal Motion of Doctor's Promissory Estoppel Claim

156145/14
Justice Robert Reed

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

Vladenn Medical Supply Corp. v. State Farm Mutual Automobile Ins. Co., 2013-2364 Q C

Provider's Failure to Appear for EUOs Granted Insurer Summary Judgment; Order Affirmed

2013-2364 Q C
Before: Pesce, P.J., Aliotta and Solomon, JJ.

Surrogate's Court, New York County

ESTATE OF JEAN LUMSBY, Deceased

ESTATE OF JEAN LUMSBY, Deceased (16/683) — Before the court at the call of the calendar on June 14, 2016, was the petition for Letters of Administration brought by decedent's daughter, Colette Lumsby, who is one of two distributees of decedent's estate. Respondent Genieve Rankel, decedent's other daughter and distributee, appeared and represented that an administration proceeding in Bronx County Surrogate's Court had resulted in the issuance of Letters of Administration to decedent's sister, as Ms. Rankel's designee.

16/683
Surrogate Mella

Appellate Term, First Judicial Department

SUNRISE ACUPUNCTURE PC A/A/O RAINWATER BLACKFOOT, plf-app, v. ELRAC, INC. D/B/A ENTERPRISE RENT-A-CAR, def-res

15-425. SUNRISE ACUPUNCTURE PC A/A/O RAINWATER BLACKFOOT, plf-app, v. ELRAC, INC. D/B/A ENTERPRISE RENT-A-CAR, def-res — Order (Gerald Lebovits, J.), entered November 3, 2014, affirmed, with $10 costs.

15-425
: Hunter, Jr., J.P, Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

68-74 THOMPSON REALTY, LLC v. HEARD, CAROLYN ET AL

68-74 THOMPSON REALTY, LLC v. HEARD, CAROLYN ET AL — It is Ordered that the motion of the respondent-appellant is granted on condition that the respondentappellant (1) perfects her appeal by no later than the November 2016 term-the filing deadline for which is September 13, 2016, and (2) continues to pay the petitioner-landlord accruing use and occupancy in the amount of $789.57 on or before each subsequent rental due date, without prejudice. In the event of respondent-appellant's failure to comply with the foregoing conditions, petitioner-landlord may move, on five days notice, for an order vacating the stay.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

JOHN BENJAMIN, plfapp, v. THE CITY OF NEW YORK, HOSTOS CENTER FOR WORK FORCE DEVELOPMENT & CONTINUING EDUCATION, PETER MERTENS, VERMELLE VAN DUYNE, AND ALEXANDER SEKI, def-res

16-281. JOHN BENJAMIN, plfapp, v. THE CITY OF NEW YORK, HOSTOS CENTER FOR WORK FORCE DEVELOPMENT & CONTINUING EDUCATION, PETER MERTENS, VERMELLE VAN DUYNE, AND ALEXANDER SEKI, def-res — Order (Debra Rose Samuels, J.), dated February 25, 2016, affirmed, with $10 costs.

16-281
: Lowe, III, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1058 THIRD AVENUE ASSOCIATES, L.P., pet-land-res, v. LYNN JOAN ZUMAN, res-tent-app

16-121/122. 1058 THIRD AVENUE ASSOCIATES, L.P., pet-land-res, v. LYNN JOAN ZUMAN, res-tent-app — Appeal from order (Phyllis K. Saxe, J.), dated April 4, 2014, dismissed, without costs, as moot.

16-121/122
: Hunter, Jr., J.P, Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

ANSONIA COMMERCIAL, LLC, pet-land-res, v. GRISTEDE'S FOODS, INC., res-tent-app -ANDMADISON CAPITAL HOLDINGS LLC AND/OR XYZ CORPORATION, res-und

16-232. ANSONIA COMMERCIAL, LLC, pet-land-res, v. GRISTEDE'S FOODS, INC., res-tent-app -ANDMADISON CAPITAL HOLDINGS LLC AND/OR XYZ CORPORATION, res-und — Order (Michael L. Katz, J.), entered May 20, 2015, insofar as appealed from, affirmed, with $10 costs.

16-232
: Hunter, Jr., J.P., Lowe, III, Ling-Cohan, JJ.

Appellate Term, First Judicial Department

75 FORT WASHINGTON LLC v. POLANCO, A. & FERNANDEZ, M.; 351 EAST 4TH STREET LLC v. HONG TANG A/K/A ROY HONG

75 FORT WASHINGTON LLC v. POLANCO, A. & FERNANDEZ, M.; 351 EAST 4TH STREET LLC v. HONG TANG A/K/A ROY HONG — Ex-parte applications are declined.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

RICHARD CHUN, plf-res, v. SOOK-CHA KIM, def-app

16-094. RICHARD CHUN, plf-res, v. SOOK-CHA KIM, def-app — Order (Alexander M. Tisch, J.), dated September 28, 2015, insofar as appealed from, affirmed, with $10 costs.

16-094
: Lowe, III, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. CHERRELLE JONES, def-app

15-283. THE PEOPLE, res, v. CHERRELLE JONES, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered March 31, 2015, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

15-283
: Hunter, Jr., J.P., Lowe, III, Ling-Cohan, JJ.

Appellate Term, First Judicial Department

ABE FIXLER D/B/A 660 REALTY CO., v. KOZAK, YAROSLAVA ET AL

ABE FIXLER D/B/A 660 REALTY CO., v. KOZAK, YAROSLAVA ET AL — It is Ordered that the motion of the defendant-appellant for consolidation is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

811 ASSOCIATES, LLC v. VIDAL, BRUNILDA ET AL

811 ASSOCIATES, LLC v. VIDAL, BRUNILDA ET AL — It is Ordered that tenant-appellant's motion for a stay is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. QIMEI LIN, def-app

15-116. THE PEOPLE, res, v. QIMEI LIN, def-app — Judgment of conviction (Robert H. Straus, J.H.O.), rendered July 22, 2014, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

15-116
: Hunter, Jr., J.P., Lowe, III, Ling-Cohan, JJ.

Appellate Term, First Judicial Department

375 NEW YORK HDFC, pet-land-app, v. VIOLA JONES, res-tent-res

16-203-206. 375 NEW YORK HDFC, pet-land-app, v. VIOLA JONES, res-tent-res — Final judgment and judgment (Sabrina B. Kraus, J.), entered, respectively, on or about April 2, 2015 and June 24, 2015, affirmed, with one bill of $25 costs. Appeals from orders (Sabrina B. Kraus, J.), dated April 2, 2015 and May 13, 2015, dismissed, without costs, as subsumed in the appeal from the aforesaid judgments.

16-203-206
: Hunter, Jr., J.P, Schoenfeld, Shulman, J.J.

Appellate Term, First Judicial Department

URBAN WELL ACUPUNCTURE, P.C., A/A/O ANTHONY ESPINAL, v. NATIONWIDE GENERAL INS. CO., def-res

16-103. URBAN WELL ACUPUNCTURE, P.C., A/A/O ANTHONY ESPINAL, v. NATIONWIDE GENERAL INS. CO., def-res — Order (Frank P. Nervo, J.), entered October 1, 2012, affirmed, with $10 costs (see Urban Well Acupuncture, P.C. v. Nationwide Gen. Ins. Co., appeal numbered 16-102, decided herewith.)

16-103
: Hunter, Jr., J.P, Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

METRO 8 MEDICAL EQUIPMENT, INC. A/A/O NARDINE LUC, plf-app, v. ESURANCE INS. CO., def-res

16-155. METRO 8 MEDICAL EQUIPMENT, INC. A/A/O NARDINE LUC, plf-app, v. ESURANCE INS. CO., def-res — Order (James E. d'Auguste, J.), entered April 23, 2014, affirmed, with $10 costs.

16-155
: Lowe, III, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

URBAN WELL ACUPUNCTURE, P.C., A/A/O ANTHONY ESPINAL, plf-app, v. NATIONWIDE GENERAL INS. CO., def-res

16-102. URBAN WELL ACUPUNCTURE, P.C., A/A/O ANTHONY ESPINAL, plf-app, v. NATIONWIDE GENERAL INS. CO., def-res — Order (Frank P. Nervo, J.), entered October 1, 2012, affirmed, with $10 costs.

16-102
: Hunter, Jr., J.P, Schoenfeld, Shulman, JJ.

Appellate Term, First Judicial Department

720 WEST PARTNERS, LLC v. ALVAREZ, MARIA

720 WEST PARTNERS, LLC v. ALVAREZ, MARIA — It is Ordered that the motions of the respondentappellant are consolidated for the purpose of disposition.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1165 BROADWAY CORP., v. G.N. PERFUMES, INC

1165 BROADWAY CORP., v. G.N. PERFUMES, INC — It is Ordered that the motion of the respondentappellant seeking a stay of the enforcement of the final judgment and warrant of eviction is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

1890 ADAM CLAYTON POWELL LLC, pet-land-res, v. RENAUD PENANT, res-tent-app - AND - ERI ISAKA, JACOB MELCHIOR, “JOHN DOE 1” AND “JOHN DOE 2,” res

15-427. 1890 ADAM CLAYTON POWELL LLC, pet-land-res, v. RENAUD PENANT, res-tent-app - AND - ERI ISAKA, JACOB MELCHIOR, "JOHN DOE 1" AND "JOHN DOE 2," res — Final judgment (David J. Kaplan, J.), entered May 13, 2015, affirmed, with $25 costs.

15-427
: Lowe, III, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF ERIKA POZSONYI, Deceased

ESTATE OF ERIKA POZSONYI, Deceased (11/4323/C) — At the call of the calendar of June 3, 2016, the court denied the motion of Mark Denison to vacate an order dated October 11, 2013, in which he was suspended as executor of the estate of Erika Pozsonyi. The movant has failed to articulate a valid reason to justify vacating the prior decision of this court and to justify the reinstatement of his letters testamentary. The new facts advanced by Denison, namely that he has complied with court orders, do not alleviate the concerns of the court concerning Mr. Denison's ability to properly discharge his fiduciary duties as expressed in the October 11, 2013 decision.

11/4323/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF BILLIE FERGUSON, Deceased

ESTATE OF BILLIE FERGUSON, Deceased (13/0002) — The compromise of causes of action for decedent's wrongful death and conscious pain and suffering was approved, and the attorney's fees and disbursements were fixed and determined, by order of the Supreme Court, New York County. The Supreme Court also approved a payment to MSPRC in the amount of $110.53.

13/0002
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF PECOLIA JOHNSON, Deceased

ESTATE OF PECOLIA JOHNSON, Deceased (09/3447/A/B/C) — Decedent died on July 28, 2007, at age 69, believed to be survived by a spouse, whose whereabouts are unknown, and by three adult children, including petitioner. By decree of this court, petitioner was appointed administrator of decedent's estate on November 27, 2009, with her letters of administration allowing her to prosecute but not to compromise or collect proceeds of any settlement without further order of the court.

09/3447/A/B/C
Surrogate Mella

Appellate Division, Second Department

People v. Rakim Paulin, 48/10

Man Who Asked to Appear Pro Se Gets New Trial

48/10
Before: Chambers, J.P., Hall, Austin, Lasalle, JJ.

Supreme Court, Richmond County

D.K. v. M.T.K., 50366/2015

Husband Fails to Show Circumstance Change, Downward Modification of Support Denied

50366/2015
Justice Catherine DiDomenico

Surrogate's Court, Kings County

Will of Rivera, 2012-1753

Material Issues Exist Concerning Decedent's Capacity, Proponent's Undue Influence

2012-1753
Surrogate Margarita Lopez Torres

Surrogate's Court, Bronx County

Estate of Bullard, 2013-1100/B

Co-Executor Denied Dismissal of Accounting Proceeding; Leave to Add Claim Granted Creditor

2013-1100/B
Surrogate Nelida Malave-Gonzalez

Supreme Court, Bronx County

The People v. C.H., 2162-2014

Suppression of Calls in Rikers Denied; Within Parameters of DOC Regulatory Authority

2162-2014
Justice April A. Newbauer

Supreme Court, New York County

U-Trend New York Investment L.P. v. US Suite LLC, 652082/2014

Court Grants Reargument, Upon Same Adheres To Prior Determination on Distribution

652082/2014
Justice Charles Ramos

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

The People v. Othman, 2014-202 Q CR

Conviction for Reckless Driving Affirmed As Court Properly Exercised Discretion

2014-202 Q CR
Before: Weston, J.P., Pesce and Aliotta, JJ.

Surrogate's Court, Richmond County

Victor E. Savary; Harry Robert Bolten; Courtney Pryor; John McNamara; Joyce Donahue; Clara Hormann; Angelo DeSimone; Flora Lepore; Dorothy L. Kerr

MATTER OF: Victor E. Savary; Harry Robert Bolten; Courtney Pryor; John McNamara; Joyce Donahue; Clara Hormann; Angelo DeSimone; Flora Lepore; Dorothy L. Kerr — signed


Surrogate Gigante

Appellate Term, Second Judicial Department

GREATER CENTENNIAL HOUS. DEV. CO., INC. v. JONES

2015-2997 W C. GREATER CENTENNIAL HOUS. DEV. CO., INC. v. JONES — Motion by appellant on an appeal from a decision of the City Court of Mount Vernon, Westchester County, dated December 1, 2015, to continue a stay granted by decision and order on motion of this court dated February 11, 2016.

2015-2997 W C
: Marano, P.J., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

KING v. JEFFERSON

2016-1028 K C. KING v. JEFFERSON — Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 7, 2016.

2016-1028 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, resv. YASER OTHMAN, app

2014-202 Q CR. THE PEOPLE, resv. YASER OTHMAN, app — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Ernest F. Hart, J.), rendered November 21, 2013. The judgment convicted defendant, after a nonjury trial, of reckless driving.

2014-202 Q CR
: Weston, J.P., Pesce and Aliotta, JJ.

Appellate Term, Second Judicial Department

RENELIQUE A/A/O GARBET v. UNITED SERVS. AUTO. ASSN.

2013-2741 Q C. RENELIQUE A/A/O GARBET v. UNITED SERVS. AUTO. ASSN. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 21, 2013.

2013-2741 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

HILLSIDE PARK 168, LLC v. HOSSAIN

2016-1064 Q C. HILLSIDE PARK 168, LLC v. HOSSAIN — 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, Queens County, entered April 28, 2016.

2016-1064 Q C
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, Second Judicial Department

BARNETT v. MELENDEZ

2015-868 K C. BARNETT v. MELENDEZ — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 29, 2015, for an enlargement of time to serve and file papers in opposition to appellant's prior motion for a stay pending the determination of the appeal.

2015-868 K C
: Pesce, P.J., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. M. D.

2015-2405 S C. PEOPLE v. M. D. — Motion by appellant on an appeal from an order of the County Court, Suffolk County, entered November 24, 2014, to redact or redesignate appellant's name.

2015-2405 S C
: Marano, P.J., Garguilo, Brands, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. SOLTAN, SEAN M.

2015-2517 S CR. PEOPLE v. SOLTAN, SEAN M. — Motion by appellant for an enlargement of time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered July 30, 2015.

2015-2517 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

55 OCEAN, LLC v. COX

2016-863 K C. 55 OCEAN, LLC v. COX — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 15, 2016, to vacate a stay granted by decision and order on motion of this court dated May 2, 2016.

2016-863 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

REID v. KAVULICH & ASSOC.

2016-1084 K C. REID v. KAVULICH & ASSOC. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 27, 2015. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on October 27, 2015 and the notice of appeal was not filed until February 10, 2016.

2016-1084 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

NYC MEDIA III, LLC v. M&I PUSHCART CORP.

2016-818 Q C. NYC MEDIA III, LLC v. M&I PUSHCART CORP. — Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 31, 2016. Cross motion by respondent for an order directing appellants to pay use and occupancy pending the determination of the appeal as well as to deposit the balance of a final judgment entered pursuant to a stipulation.

2016-818 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

COFFEY v. GERELLI

2016-963 W C. COFFEY v. GERELLI — Motion by appellants for a stay pending the determination of an appeal from a judgment of the Justice Court of the Village of Croton-On-Hudson, Westchester County, entered April 10, 2016.

2016-963 W C
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

SCHNEIDER v. MIDTOWN MOVING & STORAGE, INC.

2015-450 K C. SCHNEIDER v. MIDTOWN MOVING & STORAGE, INC. — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014, to continue a stay granted by decision and order on motion of this court dated April 17, 2015, and extended by decisions and orders on motion of this court dated October 20, 2015 and January 28, 2016. A review of the record on appeal indicates that the action was dismissed by the Civil Court, no appearance either side, on March 17, 2016. By order to show cause dated May 4, 2016, the parties were directed to show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal has been rendered academic as there is no longer an action pending (see Livny v. Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v. Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d, 11th & 13th Jud Dists 2013]).

2015-450 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

MEDICAL EXPERTISE, P.C., A/A/O FACUNDO v. TRAVELERS PROPERTY CAS. INS. CO.

2015-420 K C. MEDICAL EXPERTISE, P.C., A/A/O FACUNDO v. TRAVELERS PROPERTY CAS. INS. CO. — Appellant Medical Expertise, P.C., as assignee of Paulino Facundo, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated July 30, 2014, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on April 28, 2015, and appellant having perfected the appeal on June 8, 2015, and on or about May 25, 2016, the parties having been sent notification that the appeal would appear on the June 8, 2016 ready-day calendar; and on June 7, 2016, counsel for appellant having notified the court in person, that the matter had been settled on July 23, 2015, more than ten months earlier.

2015-420 K C
: Solomon, J.P., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

HONOR v. JACOBO; HONOR v. ROUX

2015-1659 P C; 2015-1765 P C. HONOR v. JACOBO; HONOR v. ROUX — Appeals from smalls claims judgments of the Justice Court of the Town of Philipstown, Putnam County, entered March 23, 2015.

2015-1659 P C; 2015-1765 P C
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

NYC MEDIA III, LLC v. M&I PUSHCART CORP.

2016-817 Q C. NYC MEDIA III, LLC v. M&I PUSHCART CORP. — Motion by appellants for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 1, 2016. Cross motion by respondent for an order directing appellants to pay use and occupancy pending the determination of the appeal, and water usage, sprinkler inspections, and late fees, and to deposit the sum of $20,192.32.

2016-817 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Surrogate's Court, Richmond County

William G. Philbin-J; Nunzy Massa; Klaus Maurer; Louis F. Perri; Faith Balish; Mildred Constantine; Rose Dellaria; George Fehling; Carl Merola; Vincent Sugrue; Regina Leonard; Catherine Dindia Meyer; Etta Garber; Patricia Wolczanski; Michael Parrinello; Danila Allutto; Bernard Murphy; Patrick Murphy; Carl Ann Piazza; Joseph Olah; Richard Leone, Sr.; Daniel Piazza; Grace H. Mohr; Antonina LaBarbera; Steven P. Sabatell; Demetrio Riccardone; Joseph U. Kimmer

MATTER OF: William G. Philbin-J; Nunzy Massa; Klaus Maurer; Louis F. Perri; Faith Balish; Mildred Constantine; Rose Dellaria; George Fehling; Carl Merola; Vincent Sugrue; Regina Leonard; Catherine Dindia Meyer; Etta Garber; Patricia Wolczanski; Michael Parrinello; Danila Allutto; Bernard Murphy; Patrick Murphy; Carl Ann Piazza; Joseph Olah; Richard Leone, Sr.; Daniel Piazza; Grace H. Mohr; Antonina LaBarbera; Steven P. Sabatell; Demetrio Riccardone; Joseph U. Kimmer — signed


Surrogate Gigante

Surrogate's Court, Richmond County

Fero Cekic; Bianca Leonforte; Isaac Cekic; Rachel Lyn Irvine; William Jeffrey Irvine; Skye Constance Quanci; Hope Karelynn Quanci; Angelina A. Ciurcina; Kaitlyn Murray - 2 orders

MATTER OF: Fero Cekic; Bianca Leonforte; Isaac Cekic; Rachel Lyn Irvine; William Jeffrey Irvine; Skye Constance Quanci; Hope Karelynn Quanci; Angelina A. Ciurcina; Kaitlyn Murray - 2 orders — signed


Surrogate Gigante

Supreme Court, Clinton County

Cianciullo-Birch v. Champlain Centre North LLC, 2012-1582

Motion to Compel Authorizations for Medical Records Granted as Material, Necessary

2012-1582
Justice Robert Muller

Supreme Court, Nassau County, IAS/Trial Part 28

VF v. LF, 200981/2015

Evidence Established Wife Acted Unfairly; Motion to Set Aside, Vacate Stipulation Granted

200981/2015
Justice Sharon Gianelli

Family Court, Queens County

Matter of Zoila A v. Luis T., O-03087/16

No Good Cause for Substitution of Assigned Counsel Show; Motion to Be Relieved Denied

O-03087/16
Judge John Hunt

Surrogate's Court, Kings County

Matter of Dennard R

Court Permits Parents Added Monthly, One Lump Sum Withdrawal From Ward's Funds

[Index Number Redacted by Court]
Surrogate Margarita Lopez Torres

Surrogate's Court, New York County

Estate of Oscarsson, 2010-1078/B

Evidence Established Decedent's Paternity Over Child Born After His Death

2010-1078/B
Surrogate Nora Anderson

Appellate Division, Fourth Department

The People v. Meadow, KA 15-01507

County Court Erred in Allowing Witness Testimony on Victim's Out of Court Statements

KA 15-01507
Before: Smith, J.P., Lindley, Curran, and Troutman, JJ.

Appellate Division, Second Department

In the Matter of Michael H. Cassidy, Respondent v. New York State Board of Parole, Appellant, 2255/14

Contempt Ruling Rejected Against Parole Board

2255/14
Before: Dillon, J.P., Balkin, Hinds-Radix, Connolly, JJ.

Supreme Court, Kings County

Campbell v. The City of New York, 19055/2013

City's 'Willful Failure' to Comply With Discovery Faulted by Court

19055/2013
Judge Lara Genovesi

Appellate Term, Second Judicial Department

COMPAS MEDICAL, P.C., AS ASSIGNEE OF EDMOND MONCHAIS, v. FARMINGTON CASUALTY COMPANY, res

2013-2155 Q C. COMPAS MEDICAL, P.C., AS ASSIGNEE OF EDMOND MONCHAIS, v. FARMINGTON CASUALTY COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered August 9, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2155 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RICHARD WILKINS, app

2014-102 W CR. THE PEOPLE, res, v. RICHARD WILKINS, app — Appeal from a judgment of the City Court of Rye, Westchester County (Joseph L. Latwin, J.), rendered January 7, 2014. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated (common law).

2014-102 W CR
: Marano, P.J., Iannacci and Tolbert, JJ.

Appellate Term, Second Judicial Department

IMA ACUPUNCTURE, P.C., AS ASSIGNEE OF GILBERT B. SYKES, res, v. ALLSTATE INSURANCE COMPANY, app

2013-2193 Q C. IMA ACUPUNCTURE, P.C., AS ASSIGNEE OF GILBERT B. SYKES, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered August 14, 2013, deemed from a judgment of the same court entered September 4, 2013 (see CPLR 5512 [a]). The judgment, entered pursuant to the August 14, 2013 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,092.34.

2013-2193 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF CARLOS THOMAS, app, v. HEREFORD INSURANCE CO., res

2013-1720 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF CARLOS THOMAS, app, v. HEREFORD INSURANCE CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered July 1, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1720 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

TAM MEDICAL SUPPLY CORP., AS ASSIGNEE OF ISHAMEL MEYERS, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res

2013-1898 Q C. TAM MEDICAL SUPPLY CORP., AS ASSIGNEE OF ISHAMEL MEYERS, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 26, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1898 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C., AS ASSIGNEE OF NATOYA WILLIAMS, res, v. HERTZ CO., app

2013-1689 Q C. ALLEVIATION MEDICAL SERVICES, P.C., AS ASSIGNEE OF NATOYA WILLIAMS, res, v. HERTZ CO., app — Appeal from a judgment of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 17, 2013. The judgment, entered pursuant to a July 8, 2013 order of the same court granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $4,148.69.

2013-1689 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF KADEEM ANDERSON, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-2135 K C. NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF KADEEM ANDERSON, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 6, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2135 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW YORK COMMUNITY HOSPITAL OF BROOKLYN, AS ASSIGNEE OF GRIGORIY BEREGOVOY, res, v. MERCURY CASUALTY COMPANY, app

2013-2575 Q C. NEW YORK COMMUNITY HOSPITAL OF BROOKLYN, AS ASSIGNEE OF GRIGORIY BEREGOVOY, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered October 10, 2013. The order denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-2575 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW YORK COMMUNITY HOSPITAL OF BROOKLYN, AS ASSIGNEE OF GRIGORIY BEREGOVOY, res, v. MERCURY CASUALTY COMPANY, app

2013-1958 Q C. NEW YORK COMMUNITY HOSPITAL OF BROOKLYN, AS ASSIGNEE OF GRIGORIY BEREGOVOY, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered August 8, 2013. The order denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-1958 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

RELIABLE PHYSICAL THERAPY, P.C., AS ASSIGNEE OF YEDIDA HOLMAN, res, v. MVAIC, app

2013-2101 K C. RELIABLE PHYSICAL THERAPY, P.C., AS ASSIGNEE OF YEDIDA HOLMAN, res, v. MVAIC, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered June 20, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2013-2101 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF WILLIE ANSLEY, app, v. PRAETORIAN INS. CO., res

2013-2130 K C. NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF WILLIE ANSLEY, app, v. PRAETORIAN INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 17, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-2130 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

MIRIAM KANTER, M.D., P.C., DOING BUSINESS AS AVENUE MEDICAL, AS ASSIGNEE OF JASMATTIE PASRAM, res, v. MERCURY CASUALTY COMPANY, app

2013-1574 Q C. MIRIAM KANTER, M.D., P.C., DOING BUSINESS AS AVENUE MEDICAL, AS ASSIGNEE OF JASMATTIE PASRAM, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 2, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-1574 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW BEGINNINGS CHIROPRACTIC, P.C., AS ASSIGNEE OF MARK GONZALEZ, res, v. ALLSTATE INSURANCE COMPANY, app

2013-2056 Q C. NEW BEGINNINGS CHIROPRACTIC, P.C., AS ASSIGNEE OF MARK GONZALEZ, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered August 8, 2013. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

2013-2056 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

ISLAND LIFE CHIROPRACTIC, P.C., AS ASSIGNEE OF PATRICK JOSEPH, app, v. NATIONAL LIABILITY & FIRE INSURANCE COMPANY, res

2013-2326 Q C. ISLAND LIFE CHIROPRACTIC, P.C., AS ASSIGNEE OF PATRICK JOSEPH, app, v. NATIONAL LIABILITY & FIRE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered September 9, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-2326 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF KERWIN BOYEA, app, v. ALLSTATE INSURANCE COMPANY, res

2013-2131 K C. ULTIMATE HEALTH PRODUCTS, INC., AS ASSIGNEE OF KERWIN BOYEA, app, v. ALLSTATE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 4, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-2131 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE, res, v. RUBEN CRUZ, app

2013-1896 K CR. THE PEOPLE, res, v. RUBEN CRUZ, app — Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Gilbert C. Hong, J.), rendered May 7, 2013. The judgment convicted defendant, after a nonjury trial, of criminal possession of marihuana in the fifth degree.

2013-1896 K CR
: Solomon, J.P., Weston and Elliot, JJ.

Appellate Term, Second Judicial Department

VLADENN MEDICAL SUPPLY CORP., AS ASSIGNEE OF SONIE JEANTY, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-2364 Q C. VLADENN MEDICAL SUPPLY CORP., AS ASSIGNEE OF SONIE JEANTY, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 3, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2364 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

GL ACUPUNCTURE, P.C., AS ASSIGNEE OF SAM D. COSMORE, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res

2013-1771 Q C. GL ACUPUNCTURE, P.C., AS ASSIGNEE OF SAM D. COSMORE, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 26, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1771 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

LONGEVITY MEDICAL SUPPLY, INC., AS ASSIGNEE OF ROSE SHERLOCK, res, v. PRAETORIAN INSURANCE COMPANY, app

2013-2143 K C. LONGEVITY MEDICAL SUPPLY, INC., AS ASSIGNEE OF ROSE SHERLOCK, res, v. PRAETORIAN INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered July 25, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.

2013-2143 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

ALLEVIATION MEDICAL SERVICES, P.C., AS ASSIGNEE OF KADEEM ANDERSON, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-2132 K C. ALLEVIATION MEDICAL SERVICES, P.C., AS ASSIGNEE OF KADEEM ANDERSON, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 6, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2132 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

RAYMOND CECORA, P.T., P.C., AS ASSIGNEE OF WINSTON KENNINGTON, res, v. MERCURY CASUALTY COMPANY, app

2013-2406 Q C. RAYMOND CECORA, P.T., P.C., AS ASSIGNEE OF WINSTON KENNINGTON, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered September 25, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-2406 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

JEFFREY ZAGELBAUM MGT., LLC v. WALKER

2013-402 K C. JEFFREY ZAGELBAUM MGT., LLC v. WALKER — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 2, 2012, which was determined by decision and order of this court dated July 1, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2013-402 K C
: Pesce, P.J., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., AS ASSIGNEE OF FRANCES MCCOWN, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-2371 Q C. DAILY MEDICAL EQUIPMENT DISTRIBUTION CENTER, INC., AS ASSIGNEE OF FRANCES MCCOWN, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 2, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2371 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

BARNETT v. MELENDEZ

2015-868 K C. BARNETT v. MELENDEZ — 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, entered April 29, 2015. By decision and order on motion of this court dated July 13, 2015, appellant's motion was held in abeyance and the matter remitted to the Civil Court for a hearing to determine whether appellant is an adult incapable of defending his rights. After numerous adjournments for failure of all parties to appear, the Civil Court, in effect, vacated the final judgment and dismissed the petition on May 19, 2016.

2015-868 K C
: Pesce, P.J., Aliotta, Elliot, JJ.

Appellate Term, Second Judicial Department

WHITE PLAINS MEDICAL CARE, P.C., AS ASSIGNEE OF CARL THOMAS, TIFFANY ROSE, ORLANDO MARRIOTT AND STEPHANIE ROLDAN, res, v. PRAETORIAN INS. CO., app

2013-1847 K C. WHITE PLAINS MEDICAL CARE, P.C., AS ASSIGNEE OF CARL THOMAS, TIFFANY ROSE, ORLANDO MARRIOTT AND STEPHANIE ROLDAN, res, v. PRAETORIAN INS. CO., app — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered June 21, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.

2013-1847 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF ISABEL TUAPANTA, app, v. AMERICAN TRANSIT INS. CO., res

2013-2060 Q C. NEW WAY MEDICAL SUPPLY CORP., AS ASSIGNEE OF ISABEL TUAPANTA, app, v. AMERICAN TRANSIT INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered August 13, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-2060 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

INFINITE ORTHO PRODUCTS, INC., ALSO KNOWN AS INFINATE ORTHO PRODUCTS, INC., AS ASSIGNEE OF MATTHEW JEWEL, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res

2013-2080 Q C. INFINITE ORTHO PRODUCTS, INC., ALSO KNOWN AS INFINATE ORTHO PRODUCTS, INC., AS ASSIGNEE OF MATTHEW JEWEL, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered August 15, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2080 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

OMPHIL CARE, INC., AS ASSIGNEE OF FRANTZ MENARD, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res

2013-2439 Q C. OMPHIL CARE, INC., AS ASSIGNEE OF FRANTZ MENARD, app, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered September 12, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-2439 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF ALLEN HAYNES, app, v. TRAVELERS INSURANCE COMPANY, res

2013-1747 Q C. PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF ALLEN HAYNES, app, v. TRAVELERS INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 27, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1747 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

New York State, Court of Appeals

People v. Anthony Berry, No. 94

No. 94
Judges Rivera, Abdus-Salaam and Stein concur. Judge Pigott dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur.

Supreme Court, Albany County

Matter of De Vera v. Elia, 1014-16

Charter School Challenge to City Rules for Funding Rejected

1014-16
Justice Raymond Elliott

Supreme Court, Bronx County, IAS Part 10e

The People of the State of New York, by Eric T. Schneiderman, Attorney General of the State of New York, Petitioner v. Michael A. Jamail d/b/a Surrealistic Sensations, Respondent, 42083/15e

Defendant's Ethnobotanical 'Designer Drugs' Were Insufficiently Labelled, Prevented consumers From Making Informed Decisions About Products, Health Risks; Defendant Engaged in Deceptive Practices, False Advertising

42083/15e
Justice Lizbeth Gonzalez

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

Provek Plus, Inc. v. Tri-State Consumer Ins. Co., 2013-1845 K C

Leave to Renew Should Have Been Granted Insurer; Order Reversed, Judgment Granted

2013-1845 K C
Before: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Division, First Department

Matter of Puerto v. Doar, 402224/11

Public Aid Recipients Cannot Avoid Sanctions By Curing Noncompliance With Work Activity

402224/11
Before: Friedman, J.P., Acosta, Renwick, Andrias, Moskowitz, JJ.

Civil Court, Queens County, Part 32

Han v. Lo, 300973/15

Dog Owners Granted Dismissal of Physical Injury Claim; Medical Costs Claim Preserved

300973/15
Judge Larry Love

Supreme Court, Queens County

Fayenson v. Taxopark, Inc., 3934/2015

Tenants' Failure to Provide Notice of Month- To-Month Tenancy Waives RPL §232-a Notice

3934/2015
Judicial Hearing Officer Phyllis Orlikoff Flug

Supreme Court, Kings County, IAS Term, Part 52

Edwards v. Zipcar, 16564/13

Defendants Fail to Show Prima Facie Case Plaintiff Did Not Sustain Serious Injury

16564/13
Justice Francois Rivera

Supreme Court, New York County, Part 7

Nelson v. Rosenkranz, 161624/2014

Defendant Granted Reverse Summary Judgment In Plaintiff's Favor on Contract Breach Claim

161624/2014
Justice Gerald Lebovits

Supreme Court, New York County, Part 22

Liu v. Bathily, 150340/12

Parties' Motions for Summary Judgment Dismissing, Amending Complaint Denied

150340/12
Justice Arlene Bluth

Family Court, Westchester County

Matter of Denise J.

FCA §1090-a Allows Foster Child to Participate In PPH; DSS Ordered to Arrange Transport

[Index Number Redacted by Court]
Judge Arlene Katz

New York State, Court of Appeals

S.L. v. J.R., No. 93

Mother Who Lost Custody After Row With Father Requires Hearing

No. 93
Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur. Chief Judge DiFiore took no part.

Appellate Division, Second Department

Alcantara v. New York City Transit Authority., 9976/09

Brooklyn Court Slices $11M From Subway Verdict

9976/09
Before: Balkin, J.P., Hall, Miller, Lasalle, JJ.

Appellate Division, Fourth Judicial Department

People v. Ronald Meadow, KA 15-01507

Citing Hearsay, Panel Orders New Trial for Murder

KA 15-01507
Before: Smith, J.P., Lindley, Curran, and Troutman, JJ.

Supreme Court, Nassau County, Trial/IAS Part 6

N.Y. Central Mutual Fire Ins. Co. v. Mann, 606096/14

Insurer Found Obligated to Defend, Indemnify Insureds From Claim in Underlying Action

606096/14
Justice Thomas Feinman

Civil Court, Richmond County

Berezanskly v. Daddy O'S BBQ & Sports Bar, Inc., L&T 53441/14

Tenant Denied Stay of Eviction; Receiver Awarded Nearly $199,000 Due in Rent

L&T 53441/14
Judge Philip Straniere

Civil Court, Richmond County, Housing Part Y

Baltic Co. v. Karuby, 52350/15

Tenant's Conduct Deemed Minor Violations, Not Material Noncompliance With Lease

52350/15
Judge Kimberley Slade

Civil Court, Kings County, Housing Part G

Newkirk 2215 LLC. v. Franklyn, 059026/16

Tenant's Motion Granted on Laches Defense, Awarded Money Judgment, Dismissal of Petition

059026/16
Judge Marcia Sikowitz

Supreme Court, Kings County, IAS Term, Part 29

Bernhardt v. 411 Clinton Street Holdings, LLC, 9422/2015

Tenants Establish Possible Irreparable Harm, Granting Injunction Against Landlord

9422/2015
Justice Wayne Saitta

Supreme Court, New York County, Part 13

Big Bear LLC v. Yaghoubian, 159087/2015

Ex-Tenants Ordered to Provide Appropriate Responses to Landlord's Document Requests

159087/2015
Justice Manuel Mendez

Supreme Court, New York County, Part 51

Genger v. Genger, 302436/2002

S.P.A. Found To Be Ex-Husband's Separate Property; Coin Toss of No Force, Effect

302436/2002
Judge Matthew Cooper

New York State, Court of Appeals

People v. Anthony Parson, No. 100

No. 100
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Garcia concur. Judge Fahey took no part.

New York State, Court of Appeals

Littleton Construction v. Huber Construction, No. 96

No. 96
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Garcia concur. Judge Fahey took no part.

New York State, Court of Appeals

People v. Barden, No. 98

No. 98
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Perry Griggs, No. 87

No. 87
Chief Judge DiFiore and Judges Pigott, Abdus-Salaam and Stein concur; Judge Rivera concurs in a separate concurring opinion. Judge Fahey took no part.

New York State, Court of Appeals

Aetna Health v. Hanover Insurance, No. 97

No. 97
Chief Judge DiFiore and Judges Abdus-Salaam, Stein and Garcia concur, Judge Stein in a concurring opinion. Judge Fahey dissents in an opinion in which Judge Rivera concurs.

County Court, Yates County

Matter of McKay, XX/16

Post-'Commitment,' Court Orders Return of Firearms

XX/16
County Judge Patrick Falvey

Civil Court, New York County, Part S

110-112 LLC, Petitioner v. Juan Perez, Respondent Israel Perez, Jonathan Juan Perez Sr., Orlando E. Perez, "John Doe (1-3)," "Jane Doe (1-3)," "John Doe," and "Jane Doe", Respondent-undertenants, 54738/15

Two Buildings/Structures Sitting on Same Property Lot Constitute a 'Horizontal Multiple Dwelling' for Rent Stabilization Purposes Based on Common Features Between the Two Buildings; That Buildings Were Built Separately, at Different Times Does Not Preclude 'Horizontal Multiple Dwelling' Finding

54738/15
Judge Michelle Schreiber

Supreme Court, Chautauqua County

Philadelphia Indem. Ins. Co. v. Citadel Servs., Inc., K1-2015-204

Insurer May Not Use Relation-Back Doctrine To Revive Subrogee Action Against Contractor

K1-2015-204
Justice Frank Sedita III

Family Court, Madison County

Matter of Mark QQ v. Jennifer PP, F-1774-05/15O

Mother's Claim to Continue Support For Child No Longer Living in House Against Public Policy

F-1774-05/15O
Judge Dennis McDermott

Supreme Court, Franklin County

Matter of the Maldonado v. Howard, 2015-926

Recalculated Jail Time Credit Found Proper; Inmate's Challenge Dismissed

2015-926
Justice S. Peter Feldstein

City Court, Albany County

Niagara Mohawk Power Corp. v. Wheeler, CV-453-15/CO

Due Diligence to Utilize CPLR 308(4) Service Not Exercised, Service Found Defective

CV-453-15/CO
Judge Thomas Marcelle

City Court, Albany County

The People v. Peffer, CR-01079-15

Court Finds Stop for Traffic Infractions, Arrest For DWI Lawful; Suppression Denied

CR-01079-15
Judge Andra Ackerman

Supreme Court, New York County, Part 46

McFadden v. Schneiderman, 401036/2014

Private Right of Action For §5.24 Violation Barred, Release of Inmate's Records Allowed

401036/2014
Justice Lucy Billings

Surrogate's Court, New York County

ESTATE OF DELL WILLIAMS, Deceased

ESTATE OF DELL WILLIAMS, Deceased (16/334) — At the call of the calendar on June 7, 2016, the instant Petition to compel Respondents Corrine Collett and Mary Elizabeth Greene-Cohen to produce and file decedent's will, was granted, to the extent of directing Ms. Greene-Cohen to file forthwith the original will that she brought with her to court with the Probate Department.

16/334
Surrogate Mella

Appellate Term, Second Judicial Department

THE PEOPLE v. BRUCE-ROSS, DUNCAN F.

2013-1180 S CR. THE PEOPLE v. BRUCE-ROSS, DUNCAN F. — Motion by appellant pro se on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered May 14, 2013, to enlarge the time to serve and file a pro se supplemental brief.

2013-1180 S CR
: Marano, P.J, Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BRUCE-ROSS, DUNCAN F.

2013-1180 S CR; 2015-1341 S CR. THE PEOPLE v. BRUCE-ROSS, DUNCAN F. — Motion by appellant on appeals from a judgment of conviction of the District Court of Suffolk County, First District, rendered May 14, 2013 (appeal No. 2013-1180 S CR), and from a resentence of the same court imposed October 28, 2014 (appeal No. 2015-1341 S CR), for leave to renew and reargue so much of his prior motion as sought to consolidate the two appeals. The prior motion was determined by decision and order on motion of this court dated January 28, 2016.

2013-1180 S CR; 2015-1341 S CR
: Marano, P.J, Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BARIDE, DIAYSON

2016-738 Q CR. THE PEOPLE v. BARIDE, DIAYSON — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 14, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-738 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. BERMUDEZ, GUILLERMO

2015-1880 K CR. THE PEOPLE v. BERMUDEZ, GUILLERMO — On the court's own motion, it is

2015-1880 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WORLD MALL, INC. v. NEW WORLD GARAGE, INC.

2014-2567 Q C. NEW WORLD MALL, INC. v. NEW WORLD GARAGE, INC. — Appellant New World Garage, Inc., having appealed to this court from a judgement of the Civil Court of the City of New York, Queens County, dated October 6, 2014, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on May 21, 2015, and appellant having perfected the appeal on April 9, 2015, and respondent having filed its brief on June 25, 2015, and on March 2, 2016, the parties having been notified that the appeal would be heard at the March 16, 2016 Term of the court, and on March 3, 2016, the court having received a fax from appellant's counsel with a copy a stipulation withdrawing the appeal, dated December 1, 2015 and signed by both counsel, three months before counsel notified the Appellate Term. By order to show cause dated April 8, 2016, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (f) upon the parties or their respective counsel.

2014-2567 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PROVEK PLUS, INC., AS ASSIGNEE OF AYLEEN LUKE, res, v. TRI-STATE CONSUMER INSURANCE COMPANY, app

2013-1845 K C. PROVEK PLUS, INC., AS ASSIGNEE OF AYLEEN LUKE, res, v. TRI-STATE CONSUMER INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered July 8, 2013. The order denied defendant's motion for leave to renew its prior motion for summary judgment dismissing the complaint, which had been denied in an order of the same court entered April 23, 2013.

2013-1845 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF YVON DELGADO, app, v. TRI STATE CONSUMERS INS. CO., res

2013-1709 Q C. PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF YVON DELGADO, app, v. TRI STATE CONSUMERS INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 28, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1709 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

Mejia, Carmen v. Perez, Lila Ex-parte application is declined

570412/16. Mejia, Carmen v. Perez, Lila Ex-parte application is declined.

570412/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

ACUPUNCTURE HEALTHCARE PLAZA I, P.C., AS ASSIGNEE OF TRAVIS BROWN, app, v. HERTZ CO., res

2013-1694 Q C. ACUPUNCTURE HEALTHCARE PLAZA I, P.C., AS ASSIGNEE OF TRAVIS BROWN, app, v. HERTZ CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 9, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1694 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WORLD MALL LLC v. J MART GROUP, INC.

2014-2765 Q C. NEW WORLD MALL LLC v. J MART GROUP, INC. — Appellant J Mart Group, Inc., having appealed to this court from a judgement of the Civil Court of the City of New York, Queens County, dated October 28, 2014, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on May 21, 2015, and appellant having perfected the appeal on May 1, 2015, and respondent having filed its brief on July 10, 2015, and on March 2, 2016, the parties having been notified that the appeal would be heard at the March 16, 2016 Term of the court, and on March 2, 2016, the court having received a fax from appellant's counsel with a copy a stipulation withdrawing the appeal, dated December 1, 2015 and signed by both counsel, three months before counsel notified the Appellate Term. By order to show cause dated April 8, 2016, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (f) upon the parties or their respective counsel.

2014-2765 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

E. 117 Mazal Holdings, LLC v. Farrington, Rachel Ex-parte applications are granted

E. 117 Mazal Holdings, LLC v. Farrington, Rachel Ex-parte applications are granted.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

NEW QUALITY MEDICAL, P.C., AS ASSIGNEE OF HENRY MUNOZ, app, v. ALLSTATE INSURANCE COMPANY, res

2013-1944 K C. NEW QUALITY MEDICAL, P.C., AS ASSIGNEE OF HENRY MUNOZ, app, v. ALLSTATE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered July 1, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1944 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

LMS ACUPUNCTURE, P.C., AS ASSIGNEE OF JOHN H. SOSA, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app

2013-1639 K C. LMS ACUPUNCTURE, P.C., AS ASSIGNEE OF JOHN H. SOSA, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered May 16, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.

2013-1639 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

GBI ACUPUNCTURE, P.C., AS ASSIGNEE OF SOFIA GJONBALAJ, app, v. TRI STATE CONSUMERS INS. CO., res

2013-1419 K C. GBI ACUPUNCTURE, P.C., AS ASSIGNEE OF SOFIA GJONBALAJ, app, v. TRI STATE CONSUMERS INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 12, 2013. The order granted defendant's motion for summary judgment.

2013-1419 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF MICHELLE THANE, app, TRI STATE CONSUMERS INS. CO., res

2013-1692 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF MICHELLE THANE, app, TRI STATE CONSUMERS INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered June 21, 2013. The order denied plaintiffs motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1692 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

JI SUNG KIM ACUPUNCTURE, P.C., AS ASSIGNEE OF RAMON NUNEZ, res, v. AMERICAN TRANSIT INSURANCE COMPANY, app

2013-2581 Q C. JI SUNG KIM ACUPUNCTURE, P.C., AS ASSIGNEE OF RAMON NUNEZ, res, v. AMERICAN TRANSIT INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 3, 2013. The order, insofar as appealed from and as limited by the brief, denied the branches of defendant's motion seeking summary judgment dismissing the complaint, except for so much thereof as sought to recover upon a claim for dates of service February 23-24, 2011 and as sought to recover the sum of $248.64 for claims relating to dates of service February 18, 21, 25, and 28, 2011, and March 2-4, 9-11, and 14, 2011, or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-2581 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

YKLIK, INC., AS ASSIGNEE OF ASMIRES TEJADA, res, v. MVAIC, app

2013-2675 K C. YKLIK, INC., AS ASSIGNEE OF ASMIRES TEJADA, res, v. MVAIC, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered October 16, 2013. The judgment, entered pursuant to a decision of the same court dated October 19, 2012, after a nonjury trial, awarded plaintiff the principal sum of $829.

2013-2675 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THER-OX HOME CARE, INC., AS ASSIGNEE OF LANNIE AMBROSE, res, v. PRAETORIAN INSURANCE COMPANY, app

2013-1791 Q C. THER-OX HOME CARE, INC., AS ASSIGNEE OF LANNIE AMBROSE, res, v. PRAETORIAN INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 9, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.

2013-1791 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

THAYER MED., P.C., A/A/O MURPHY v. ALLSTATE INS. CO.

2015-1009 K C. THAYER MED., P.C., A/A/O MURPHY v. ALLSTATE INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 20, 2014. The order, insofar as appealed from as limited by the brief, denied the branch of appellant's cross motion seeking a protective order with respect to discovery sought by respondent. Respondent has stated in its brief that discovery has now been completed.

2015-1009 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF MANENDRA BHAGWANDIN, app, v. TRI STATE CONSUMERS INS. CO., res

2013-1714 Q C. PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF MANENDRA BHAGWANDIN, app, v. TRI STATE CONSUMERS INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered June 28, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

2013-1714 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

CF E 86 LLC, SM E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15. CF E 86 LLC, SM E 86 LLC, et al., v. Rosenberg, Rudolph

571200/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

MB ADVANCED EQUIPMENT, INC., AS ASSIGNEE OF MARCUS ERIE, SACHELL ERIE AND RUTH JEAN-TOUSSAINT, res, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., app

2013-1660 K C. MB ADVANCED EQUIPMENT, INC., AS ASSIGNEE OF MARCUS ERIE, SACHELL ERIE AND RUTH JEAN-TOUSSAINT, res, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., app — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered June 13, 2013. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.

2013-1660 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

NEW WORLD MALL, LLC v. NEW WORLD FOOD COURT, INC.

2014-2571 Q C. NEW WORLD MALL, LLC v. NEW WORLD FOOD COURT, INC. — Appellant-respondent, New World Food Court, Inc., and respondent-appellant, New World Mall, LLC, having appealed to this court from a judgement of the Civil Court of the City of New York, Queens County, dated October 6, 2014, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on May 21, 2015, and appellant-respondent having perfected the appeal on April 7, 2015, and respondent-appellant having filed its brief on May 7, 2015, and on March 2, 2016, the parties having been notified that the appeal would be heard at the March 16, 2016 Term of the court, and on March 3, 2016, the court having received a fax from appellant-respondent's counsel with a copy a stipulation withdrawing the appeal, dated December 1, 2015 and signed by both counsel, three months before counsel notified the Appellate Term. By order to show cause dated April 8, 2016, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (f) upon the parties or their respective counsel.

2014-2571 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

NEW QUALITY MEDICAL, P.C., AS ASSIGNEE OF JOANNE ROSSIELLO, res, v. ALLSTATE INSURANCE COMPANY, app

2013-1908 Q C. NEW QUALITY MEDICAL, P.C., AS ASSIGNEE OF JOANNE ROSSIELLO, res, v. ALLSTATE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered July 29, 2013. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

2013-1908 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

Yashar Foundation, Inc., v. Schwatzman, James

570389/16. Yashar Foundation, Inc., v. Schwatzman, James

570389/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF MERCEDES SANDOVAL, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res

2013-1755 Q C. PIERRE JEAN JACQUES RENELIQUE, AS ASSIGNEE OF MERCEDES SANDOVAL, app, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, res — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered April 25, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

2013-1755 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

119 West 145th Street, LLC v. Getty Properties Corp., et al.

570380/16. 119 West 145th Street, LLC v. Getty Properties Corp., et al.,

570380/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

RAYMOND SEMENTE, D.C., P.C., AS ASSIGNEE OF FRANK ZIGON, res, v. MERCURY CASUALTY COMPANY, app

2013-1573 Q C. RAYMOND SEMENTE, D.C., P.C., AS ASSIGNEE OF FRANK ZIGON, res, v. MERCURY CASUALTY COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered July 2, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.

2013-1573 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

NYCHA - Parkside Houses v. Pantoja, Matthew

570390/16. NYCHA - Parkside Houses v. Pantoja, Matthew

570390/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Titan West Associates v. Guach, E., Paraveo, B., Estrada, J. Ex-parte applications are granted

Titan West Associates v. Guach, E., Paraveo, B., Estrada, J. Ex-parte applications are granted.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

HARVARD MEDICAL, P.C., AS ASSIGNEE OF LENFORD CARTY, app, v. TRI STATE CONSUMERS INS. CO., res

2013-1427 K C. HARVARD MEDICAL, P.C., AS ASSIGNEE OF LENFORD CARTY, app, v. TRI STATE CONSUMERS INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 12, 2013. The order granted defendant's motion for summary judgment.

2013-1427 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF CARLOS THOMAS, res, v. HEREFORD INSURANCE CO., app

2013-1336 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C., AS ASSIGNEE OF CARLOS THOMAS, res, v. HEREFORD INSURANCE CO., app — Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered April 25, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant's motion for summary judgment dismissing the complaint.

2013-1336 Q C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, Second Judicial Department

SALANITRO FAMILY TRUST v. GORINA

2014-1095 K C. SALANITRO FAMILY TRUST v. GORINA — Motion by respondent for leave to appeal to the Appellate Division from a decision and order of this court dated December 2, 2015, which determined an appeal from an order of the Civil Court of the City of New York, Kings Queens County, dated May 9, 2014.

2014-1095 K C
: Elliot, J.P., Pesce, Solomon, JJ.

Surrogate's Court, New York County

ESTATE OF EDWARD CLEARY, Deceased

ESTATE OF EDWARD CLEARY, Deceased (97/0289) — This petition for leave to allocate and distribute the net settlement proceeds of the causes of action for the conscious pain and suffering and wrongful death of Edward Cleary, arising out of his exposure to asbestos, is granted.

97/0289
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF EMMA ALMANZAR, Deceased

ESTATE OF EMMA ALMANZAR, Deceased (10/1953/C/D/E) — The proposed compromise of the cause of action for decedent's wrongful death and conscious pain and suffering is approved.

10/1953/C/D/E
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF WILLIAM MICHAEL KIRKWOOD, Deceased

ESTATE OF WILLIAM MICHAEL KIRKWOOD, Deceased (06/1012/A/B/C) — This is an application by the Administrator, decedent's daughter, to allocate and then distribute from her attorney's escrow account the proceeds of wrongful death and conscious pain and suffering causes of action which arose from the decedent's exposure to asbestos. The compromise and settlement of the causes of action was approved by the Supreme Court, by an order dated December 7, 2015. That same order approved attorneys fees and disbursements, and directed that the net settlement proceeds be held in escrow pending a decree from this court.

06/1012/A/B/C
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF KATHLEEN FRANCIS CARTER, Deceased

ESTATE OF KATHLEEN FRANCIS CARTER, Deceased (03/0508/A) — At the call of the calendar on June 3, 2016, the return date in this motion by Kurt Kohler, legatee under the will of decedent, seeking permission to file late objections to the appointment of co-Administrators c.t.a., the motion was denied without prejudice, to re-submission with the proposed objections attached, so as to provide the court with some information upon which to consider whether such objections may be meritorious (see CPLR 3012[d]; see also Harris v. City of New York, 121 AD3d 852, 855 [2d Dept 2014]; cf Artcorp v. Citirich Realty Corp., 2016 NY Slip Op 04315 [1st Dept June 2, 2016]).

03/0508/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF NATALYA PAUL COWAN, A/K/A NATALYA COWAN, Deceased

ESTATE OF NATALYA PAUL COWAN, A/K/A NATALYA COWAN, Deceased (03/1545/A/B/C) — This is an application by petitioner Chad Cowan, decedent's spouse and administrator of her estate, to compromise causes of action arising from the events leading to decedent's death, to allocate and distribute the proceeds of the settlement, and to judicially settle his account for the recovery.

03/1545/A/B/C
Surrogate Mella

New York State, Court of Appeals

Ambac Assurance v. Countrywide Home Loans, No. 80

Bid to Broaden 'Common Interest' Attorney-Client Privilege Exception Is Rejected

No. 80
Judges Abdus-Salaam, Stein and Fahey concur. Judge Rivera dissents in an opinion in which Judge Garcia concurs. Chief Judge DiFiore took no part.

Supreme Court, Kings County, Criminal Term Part 19

People v. John Giuca, 8166/2004

Judge Denies Bid to Upset Giuca Murder Conviction

8166/2004
Justice Danny Chun

Appellate Division, Second Department

Matter of Gonzalez v. Ross, 2015-01064

Panel Restores Visitation Lost After Outburst in Court

2015-01064
Before: Dillon, J.P., Miller, Hinds-Radix, Brathwaite Nelson, JJ.

Family Court, Queens County

Matter of Clara F., Z-9729/16

Court With No Contact to Parties Cannot Execute Certification for Petitioner for U-Visa

Z-9729/16
Judge John Hunt

Criminal Court, Queens County

The People v. Ghorab, 2015QN057396

Defendant Charged With Class A Misdemeanor; CPL §30.30 Time Not Expired, Dismissal Denied

2015QN057396
Judge Althea Drysdale

Family Court, Kings County

Elizabeth L. v. Jaris S.

Foster Parent Does Not Lose Status as Relative, Nor Standing; Not Barred From Seeking Custody

[Index Number Redacted by Court]
Judge Erik Pitchal

Appellate Division, Second Department

Matter of Masullo v. City of Mount Vernon, 2013-07247

City Could Not Terminate Fireman's Disability Retirement Benefits Under GML §207-a(2)

2013-07247
Justice Hector Lasalle

Appellate Term, 9th & 10th Judicial Districts

The People v. John, 2013-2152 W CR

Panel Affirms Denial of Vacatur of Judgment Of Conviction for Child Endangerment

2013-2152 W CR
Before: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Division, First Department

The People v. Reid, 99022/14

Level Two Offender SORA Adjudication Upheld; Michigan Conviction Triggered SORA Assessment

99022/14
Justice Judith Gische

Surrogate's Court, Bronx County

ESTATE OF PETER DAVERSA, Deceased

ESTATE OF PETER DAVERSA, Deceased (00/D/824P) — The successor executor, one of the decedent's sons, seeks to distribute from his attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master, The causes of action arose from the decedent's exposure to asbestos.

00/D/824P
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

BARBIERI v. PEREZ

2015-01642 W C. BARBIERI v. PEREZ — Motion by appellant to vacate an order of this court dated November 16, 2015, which dismissed an appeal from an order of the City Court of Yonkers, Westchester County, entered May 29, 2015, and for an enlargement of time to perfect the appeal.

2015-01642 W C
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. NOEL, TIMOTHY

2015-01542 K CR. THE PEOPLE v. NOEL, TIMOTHY — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered May 5, 2015.

2015-01542 K CR
: Pesce, P.J., Weston, Elliot, JJ.

Appellate Term, First Judicial Department

People v. G., Yanelis

570324/16.People v. G., Yanelis

570324/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

GREAT HEALTH CARE CHIROPRACTIC, P.C., A/A/O LOPEZ v. GENERAL MOTORS ASSUR. CO.

2016-885 Q C. GREAT HEALTH CARE CHIROPRACTIC, P.C., A/A/O LOPEZ v. GENERAL MOTORS ASSUR. CO. — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered July 9, 2013, for failure to prosecute.

2016-885 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

DAILY MED. EQUIP. DISTRIB. CTR., INC. A/A/O MARTINEZ v. NAT. LIAB. & FIRE INS. CO.

2013-01194 K C. DAILY MED. EQUIP. DISTRIB. CTR., INC. A/A/O MARTINEZ v. NAT. LIAB. & FIRE INS. CO. — Appellant National Liability & Fire Ins. Co, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated February 11, 2013, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on August 1, 2013, and appellant having perfected the appeal on January 31, 2014, and respondent having filed it's brief on February 14, 2014, and appellant having filed a reply brief on February 21, 2014, and on or about March 16, 2016, the parties having been sent notification that the appeal would appear on the April 5, 2016 submission calendar, and on March 22, 2016, counsel for respondent having notified the court via letter, that the matter had been settled on July 2, 2014, more than twenty months earlier. By order to show cause dated March 23, 2016, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (f) upon the parties or their respective counsel.

2013-01194 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. ROUSSEAU, NICOLE

2016-183 S CR. THE PEOPLE v. ROUSSEAU, NICOLE — Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered December 16, 2015, to continue the stay of execution of the judgment, which was granted by the Supreme Court, Suffolk County, on December 17, 2015, pending the determination of the appeal to this court.

2016-183 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. ORIGENE, JEAN N

2016-340 D CR. PEOPLE v. ORIGENE, JEAN N. — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the City Court of Beacon, Dutchess County, rendered August 12, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-340 D CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. SANTORELLI, THOMAS

2016-244 S CR. PEOPLE v. SANTORELLI, THOMAS — Motion by appellant pursuant to CPL 460.30 for a stay of execution of a judgment of conviction of the District Court of Suffolk County, First District, rendered October 14, 2015.

2016-244 S CR
: Marano, P.J.

Appellate Term, Second Judicial Department

ACUPUNCTURE HEALTHCARE PLAZA I, P.C. a/a/o FILPO-ESTRELLA v. STATE FARM MUT. AUTO. INS. CO.

2015-2203 Q C. ACUPUNCTURE HEALTHCARE PLAZA I, P.C. a/a/o FILPO-ESTRELLA v. STATE FARM MUT. AUTO. INS. CO. — Motion by appellant for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2014.

2015-2203 Q C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

Southbridge Towers Inc., v. Crisafulli, P. & Radjenovic, K.

570316/15.Southbridge Towers Inc., v. Crisafulli, P. & Radjenovic, K.

570316/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

FIYA RSD Partners LLC v. Lee, Eleanor Ex-parte applications are declined

570402/16.FIYA RSD Partners LLC v. Lee, Eleanor Ex-parte applications are declined.

570402/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Felder, Ebony

570326/16.People v. Felder, Ebony

570326/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. UDDIN, NASIR

2016-542 K CR. THE PEOPLE v. UDDIN, NASIR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 26, 2016, as a poor person, and for the assignment of counsel.

2016-542 K CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

1522 1st Avenue Realty LLC v. Miller, Mayne Ex-parte applications are declined

570405/16.1522 1st Avenue Realty LLC v. Miller, Mayne Ex-parte applications are declined.

570405/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lachar, Darren d/b/a USA Stay LLC v. Nicholas, Sonia Ex-parte applications are declined

570404/16.Lachar, Darren d/b/a USA Stay LLC v. Nicholas, Sonia Ex-parte applications are declined.

570404/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lexington 100 Properties LLC v. Yahav, Saar Ex-parte applications are declined

570403/16.Lexington 100 Properties LLC v. Yahav, Saar Ex-parte applications are declined.

570403/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

V.S. Care Acupuncture, PC a/a/o Matthews, J. v. Merchants Mutual Ins. Co.

570105/16.V.S. Care Acupuncture, PC a/a/o Matthews, J. v. Merchants Mutual Ins. Co.,

570105/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

137th Street Properties LLC v. Mays, Joetta & Walter Ex-parte applications are declined

570401/16.137th Street Properties LLC v. Mays, Joetta & Walter Ex-parte applications are declined.

570401/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

PEOPLE v. TECUM-LINDO, MANUEL

2015-2904 N CR. PEOPLE v. TECUM-LINDO, MANUEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered October 15, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2015-2904 N CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

People v. Stephens, Darrell

571083/15.People v. Stephens, Darrell

571083/15
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

PEOPLE v. MOORE, FRANCINE

2016-1086 S CR. PEOPLE v. MOORE, FRANCINE — Appeal from an order of the District Court of Suffolk County, Fifth District, entered April 8, 2016. The order granted a motion by nonpartyrespondent to withdraw as appellant's counsel.

2016-1086 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. MEME, JEAN

2016-689 Q CR. THE PEOPLE v. MEME, JEAN — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered December 12, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

2016-689 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

People v. Ahmed, Mohammed

570325/16.People v. Ahmed, Mohammed

570325/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Camacho, Paulino

570374/16.People v. Camacho, Paulino

570374/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Pugsley Chiropractic PLLC a/a/o Cole, L. v. Merchants Preferred Ins. Co.

570385/16.Pugsley Chiropractic PLLC a/a/o Cole, L. v. Merchants Preferred Ins. Co.,

570385/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Mandel, Richard

571191/15.People v. Mandel, Richard

571191/15
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. IALACCI, JOSEPH

2016-245 S CR. THE PEOPLE v. IALACCI, JOSEPH — Motion by appellant pursuant to CPL 460.50 for a stay of execution of eight judgments of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered December 11, 2015.

2016-245 S CR
: Marano, P.J., Tolbert, Garguilo, JJ.

Appellate Term, First Judicial Department

Easy Care Acupuncture, PC a/a/o Toogood, K. v. Amica Mutual Ins. Co.

570434/15.Easy Care Acupuncture, PC a/a/o Toogood, K. v. Amica Mutual Ins. Co.,

570434/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

49 Bleecker, Inc., Petitioner-Landlord-Respondent, v. Jen Gatien and Deerjen, LLC, Respondents-Tenants-Appellants

49 Bleecker, Inc., Petitioner-Landlord-Respondent, v. Jen Gatien and Deerjen, LLC, Respondents-Tenants-Appellants. 570312/14 — Tenants appeal from two orders of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), each entered March 14, 2014, which, respectively, denied their cross motion for summary judgment dismissing the petition and granted petitioner-landlord's motion for leave to conduct discovery in a nonpayment summary proceeding.

570312/14
: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

Trustees of Columbia University v. Franjul, Christina Ex-parte applications are declined

570400/16.Trustees of Columbia University v. Franjul, Christina Ex-parte applications are declined.

570400/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, New York County

ESTATE OF BRIAN

ESTATE OF BRIAN (16/1563) — Rosemary Mayer, the widow of a person believed to have been adopted in this court, petitions to unseal the adoption records of her deceased husband. Petitioner seeks access to these adoption records for the purpose of determining her husband's nationality as a matter of interest to the adoptee's survivors.

16/1563
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF JOAN GALLANT, Deceased

ESTATE OF JOAN GALLANT, Deceased (15/1168) — This is an uncontested proceeding to probate a photocopy of a testamentary instrument (SCPA §1407). Decedent died on February 12, 2015, at age 66, survived by a daughter and a son. Decedent's daughter ("proponent") is the nominated executor.

15/1168
Surrogate Anderson

Surrogate's Court, Kings County

ESTATE OF ELESTEEN STEPTOE, Deceased

ESTATE OF ELESTEEN STEPTOE, Deceased (15/109) — This is an administration proceeding in which the petitioner, Marcia Steptoe, moves for summary judgment dismissing the objections of Bweela Steptoe.1 Elesteen Steptoe (the decedent) died on September 29, 1995, survived by her daughter, the petitioner, and 4 grandchildren, including the objectant. The sole assets of the estate are two buildings located in Brooklyn — 840 Monroe Street (840 Monroe) and 840A Monroe Street (840A Monroe and together with 840 Monroe, the real properties). Fifty percent of these properties are owned outright by the petitioner by virtue of deeds executed by the decedent long before her death.

15/109
Surrogate Lopez Torres

Surrogate's Court, Kings County

THE PETITION OF CLEARINA R AND WILLIAM R GUARDIANS OF THE PROPERTY OF DENNARD R, WARD FOR LEAVE TO WITHDRAW FUNDS FOR THE SUPPORT AND MAINTENANCE OF THE WARD

IN THE MATTER OF THE PETITION OF CLEARINA R AND WILLIAM R GUARDIANS OF THE PROPERTY OF DENNARD R, WARD FOR LEAVE TO WITHDRAW FUNDS FOR THE SUPPORT AND MAINTENANCE OF THE WARD (00) — The petitioners are the parents of the ward, a 34 yearold disabled adult, and were issued letters of guardianship of his person and property on February 2, 2001. The petitioners submit this application requesting leave to withdraw funds from the ward's guardianship account for the support and maintenance of the ward in the amount of $3,000.00 per month, for a total withdrawal from May 2016 through April 2017 of $36,000.00. This amount reflects a requested increase of $800.00 per month for the ward's support and maintenance. The petitioners also seek a lump sum withdrawal of the ward's funds in the amount of $16,000.00, for certain household and personal expenses. Finally, the petitioners proffer a copy of an investment product from Investors Bank, denominated as a "6 Year 10 Stock Basket Power CD," in which they propose to invest an unspecified portion of the ward's funds. The ward has consented to the instant petition.

00
Surrogate Lopez Torres

Surrogate's Court, Bronx County

ESTATE OF RUBY BUSH, Deceased

ESTATE OF RUBY BUSH, Deceased (15/1536) — On the return date of this application by a daughter of the decedent, for letters of administration, jurisdiction was obtained over the decedent's other two distributees, and they defaulted. Accordingly, in the absence of any opposition, the application is granted, and letters of administration shall issue to the petitioner upon her posting a bond in the penal sum of $82,000.

15/1536
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF JERRY GRIGGS, Deceased

ESTATE OF JERRY GRIGGS, Deceased (03/I/382P) — In this proceeding the executor, the decedent's daughter and sole testamentary beneficiary, seeks to distribute from her attorneys' escrow account the remaining proceeds of personal injury causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

03/I/382P
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF ANDRE HALLS JR., ALSO KNOWN AS ANDRE HALL, JR., ALSO KNOWN AS ANDRE ANTHONY HALLS, JR., ALSO KNOWN AS ANDRE HALL, Deceased

ESTATE OF ANDRE HALLS JR., ALSO KNOWN AS ANDRE HALL, JR., ALSO KNOWN AS ANDRE ANTHONY HALLS, JR., ALSO KNOWN AS ANDRE HALL, Deceased (09/1971/B) — On the return date of this proceeding commenced by the decedent's mother to, inter alia, compel the respondent executor, the decedent's father, to file an account, there was no appearance in opposition by the executor. It appears that the mother and father are each 25 percent beneficiaries under the decedent's will and the mother, along with the father, is a co-trustee of a trust holding the remaining estate proceeds in trust for the benefit of the decedent's two infant children equally until they reach the age of 21. Inasmuch as letters testamentary were granted to the respondent by decree entered March 3, 2010, there appears to be no reason why he cannot expeditiously render his account.

09/1971/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF LILOUTI RAM, Deceased

ESTATE OF LILOUTI RAM, Deceased (14/1447/A) — The administrator, the decedent's spouse, seeks to compromise causes of action arising from the decedent's death settled in the United States District Court, Southern District of Illinois (Herndon, J.) and judicially account for the settlement proceeds. The causes of action arose from the decedent's alleged adverse reaction to medication manufactured by the defendant pharmaceutical company.

14/1447/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

THE GUARDIANSHIP OF CHRISTOPHER M. L., A DEVELOPMENTALLY DISABLED PERSON

IN THE MATTER OF THE GUARDIANSHIP OF CHRISTOPHER M. L., A DEVELOPMENTALLY DISABLED PERSON (965G, 96/A5G and 96/B5G) — During Christopher's infancy, letters of guardianship his property issued to his parents on February 6, 1996. After his 18th birthday, a petition was filed alleging that he was developmentally disabled. By decree entered August 25, 2011, his parents were appointed SCPA article 17-A guardians of his person and property. Thereafter, this court entered a decree dated March 7, 2012, whereby the guardians were permitted to fund a supplemental needs trust for his benefit in which they were the nominated trustees. As Christopher and his parents had moved to Westchester County at the time of the article 17-A application, jurisdiction was obtained over the Department of Social Services of Westchester County (Westchester DSS) in that application.

965G, 96/A5G and 96/B5G
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF PATRICK CORCORAN, ALSO KNOWN AS PATRICK JOSEPH CORCORAN, ALSO KNOWN AS PATRICK J. CORCORAN, Deceased

ESTATE OF PATRICK CORCORAN, ALSO KNOWN AS PATRICK JOSEPH CORCORAN, ALSO KNOWN AS PATRICK J. CORCORAN, Deceased (06/A/347A) — In this proceeding, the administrator, one of the decedent's two sons and only distributees, seeks to distribute form his 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. The Supreme Court, inter alia, directed the payment of counsel fees, disbursements and a Medicare claim.

06/A/347A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF HORACE BULLARD, Deceased

ESTATE OF HORACE BULLARD, Deceased (13/1100/B) — In this compulsory accounting proceeding commenced by an alleged creditor, a co-executor Jasmine Bullard moves, pursuant to CPLR 3211, to dismiss the creditor's claim based on documentary evidence, lack of standing and failure to state a claim. The creditor opposes the motion and cross-moves to amend his claim to add an alternative cause of action for quantum meruit. The movant opposes the cross motion.

13/1100/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

GUARDIANSHIP OF GIANNI V., an Infant

GUARDIANSHIP OF GIANNI V., an Infant (03/A/214G) — This is a motion by New York Community Bank (NYCB) to vacate its default in the underlying proceeding in which, by order dated February 22, 2016, an inquest was directed. The motion is opposed by the guardian ad litem.

03/A/214G
Surrogate Malave-Gonzalez

Appellate Division, First Department

People v. Matthew Melendez, 452/11

New Trial Ordered for Man Accused of Shooting at Police

452/11
Before: Sweeny, J.P., Acosta, Manzanet-Daniels, Gische, Gesmer, JJ.

Supreme Court, New York County, IAS Part 35

Prometheus Realty v. New York City Water Board, 653003/2016

Judge Suspends NYC Water Bill Rebate, Rate Increase

653003/2016
Justice Carol Edmeao

Surrogate's Court, Kings County

Matter of Frett, 2013-2949/C

Reasonable Cause Justifying Granting Extension to File Late Renunciation Not Found

2013-2949/C
Surrogate Margarita Lopez Torres

Family Court, Queens County

Matter of Dolary K. v. Kamrul I.

Family Offense Petition Allegations Established By Husband's Disorderly Conduct Conviction

[Index Number Redacted by Court]
Judge John Hunt

Criminal Court, Kings County

The People v. General, 2015KN025632

Dismissal of VTL Charges for Facial Insufficiency, on Speedy Trial Grounds Denied

2015KN025632
Judge Andrew Borrok

Supreme Court, Bronx County

The People v. Warden, Rikers Island Correctional Center, 340132-2016

Due Process Rights Violated by Preliminary Hearing Denial; Parole Warrant Vacated

340132-2016
Justice April Newbauer

Criminal Court, New York County, Part AR6

The People v. Oren, 2016CN002002

AC §20-453 Not Unconstitutional as Applied To Shirts; First Amendment Not Violated

2016CN002002
Judge Stephen Antignani

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

The People v. Raymond, 2013-1324 K CR

Superseding Accusatory Instrument Facially Sufficient; Conviction Affirmed

2013-1324 K CR
Before: Weston, P.J., Aliotta and Elliot, JJ.

New York State, Court of Appeals

People v. Gary Wright, No. 88

No. 88
Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Matter of Westchester Joint Westchester Water Works v. Assessor of City of Rye, No. 77

No. 77
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Garcia concur.

New York State, Court of Appeals

People v. Lennie Frankline, No. 89

No. 89
Chief Judge DiFiore and Judges Pigott, Rivera and Abdus-Salaam concur. Judge Fahey concurs in result in a separate concurring opinion in which Judges Stein and Garcia concur.

New York State, Court of Appeals

Wally G. v. New York City Health and Hospitals Corporation, No. 95

No. 95
Chief Judge DiFiore and Judges Stein and Garcia concur. Judge Abdus-Salaam dissents in an opinion in which Judges Rivera and Fahey concur.

Supreme Court, New York County, Part 59

610 West Realty, LLC v. Riverview West Contracting, LLC, 155357/2013

Sponsor Fails to State Claim for Contract Breach, Negligence Against Subcontractor

155357/2013
Justice Debra James

Supreme Court, Nassau County, Trial/IAS Part 14

Matsil v. Brian Doris Home Improvements, Inc., 604571-14

Court Awards $4 Million for Past, Future Pain and Suffering After Debilitating Fall

604571-14
Justice Edward Maron

Civil Court, Bronx County, Housing Part T

West Farms Estates Co., LP v. Aquino, 16965/14

Termination Process Deprived Respondents Of Constitutional Rights; Holdover Dismissed

16965/14
Justice Timmie Erin Elsner

Supreme Court, New York County, Part 57

Kirby v. Midtown Property Management, 159162/13

Complaint Alleging Contract Breach, Unjust Enrichment Against Developers Unsupported

159162/13
Justice Jennifer Schecter

Supreme Court, New York County, Part 54

GE Oil & Gas, Inc. v. Turbine Generation Services, L.L.C., 652296/2015

Anti-Suit Injunction Found Warranted For Breach of Forum Selection Clause

652296/2015
Justice Shirley Werner Kornreich

New York State, Court of Appeals

People v. Terrance Mack, No. 74

Verdict Survives Judge's Error in Dealing With Jury's Notes

No. 74
Chief Judge DiFiore and Judges Pigott, Abdus-Salaam, Stein and Garcia concur. Judge Rivera dissents and votes to affirm in an opinion.

Appellate Division, Second Department

Michael Johnson, etc., Appellant v. Nassau University Medical Center, et al., defendants, Kathryn Zajac, etc., et al., Respondents, 10087/11

Suicide Claim Over Hasty Discharge Is Revived

10087/11
Before: Chambers, J.P., Dickerson, Hinds-Radix, Connolly, JJ.

Appellate Division, Third Department

In the Matter of O'Dale UU., Respondent v. Lisa UU., Appellant, 521206

Mother Who Gave Benadryl to 8-Year-Old Loses Custody

521206
Before: McCarthy, J.P., Egan Jr., Rose, Devine and Clark, JJ.

Supreme Court, New York County

Matter of Picinich v. Waterfront Commission of New York Harbor, 102062/15

Formerly Addicted Crane Operator Can Seek Job Reinstatement

102062/15
Justice Schlesinger

Appellate Division, Third Department

People v. Tejpaul Rupnarine, 106580

New Trial Ordered Based on Prosecutor's Remarks

106580
Before: McCarthy, J.P., Egan Jr., Rose, Lynch and Aarons, JJ.

Supreme Court, New York County, Part 46

Stein v. Douglas Elliman, 115373/2009

Judge Allows Lawsuit by Family of Slain Real Estate Broker to Proceed Against Temp Agency

115373/2009
Justice Lucy Billings

Civil Court, Kings County, Part 41

Tyorkin v. Garrison Property & Casualty Ins. Co., 010395/15

Fee Schedule Defense No Longer Precluded By 30-Day Rule; Triable Issue Exists for Trial

010395/15
Justice Richard Montelione

Civil Court, Kings County, Housing Part D

Oceanview Manor Home for Adults v. Vargas, L&T 53189/2016

Housing Court Found to Have Jurisdiction Over Termination of SSL Facility Resident

L&T 53189/2016
Judge Jeannine Baer Kuzniewski

Civil Court, New York County, Housing Part C

Lispenard Studio Corp. v. Loeb, 201

MDL §302 Found Applicable Granting Co-Op's Shareholders Dismissal of Nonpayment Suit

201
Judge Jack Stoller

Supreme Court, New York County, Part 15

315 Hudson LLC v. Five Bells, Inc., 159900/2015

Tenant Found Liable to Landlord For Fixed Rent Despite Vacatur of Premises

159900/2015
Justice Eileen Rakower

Appellate Term, 9th & 10th Judicial Districts

2094-2096 Boston Post Road, LLC v. Mackies American Grill, Inc., 2015-2023 W C

Court Improvidently Stayed Landlord's Nonpayment Petition; Order Reversed

2015-2023 W C
Before: Iannacci, J.P., and Tolbert, JJ.

Appellate Term, First Department

135 W. 13, LLC v. Stollerman, 570847/14

Judgment Reversed, Landlord Awarded Possession of Non-Primary Residence Unit

570847/14
Before: Lowe, III, P.J., Schoenfeld, Shulman, JJ.

New York State, Court of Appeals

People v. Baasil Reynolds, No. 78

No. 78
Chief Judge DiFiore and Judges Pigott, Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Rivera dissents in an opinion.

New York State, Court of Appeals

People v. Leroy Carver, No. 76

No. 76
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Stein concur. Judge Fahey took no part.

New York State, Court of Appeals

People v. Martesha Davidson, No.86

No. 86
Judges Pigott, Stein, Fahey and Garcia concur. Judge Rivera dissents in an opinion in which Judge Abdus-Salaam concurs. Chief Judge DiFiore took no part.

New York State, Court of Appeals

People v. Shane Morris, No. 126

No. 126 SSM 20
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

Columbia County Collection Unit v. Risley, No. 82

Family Court Allowed to Impose Consecutive Six-Month Sentences for Repeated Failure to Pay Child Support

No. 82
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Fahey concur. Judge Stein took no part.

New York State, Court of Appeals

Dryden Mutual v. Goessl, No. 79

No. 79
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein and Garcia concur. Judge Fahey took no part.

Appellate Division, First Department

Vaynshelbaum v. City of New York, 153759/12

Panel Reinstates Allegations of Police Excessive Force

153759/12
Before: Acosta, J.P., Saxe, Gische, Webber, Kahn, JJ

Appellate Division, Third Department

Philwold v. Inergy, 521846

Panel Revives Lawsuit in Death of Rare Tortoises

521846
Before: Lahtinen, J.P., McCarthy, Garry, Rose and Aarons, JJ.

Appellate Division, First Department

MP Cool Investment v. Forkosh, 650730/15

Elements of Fraud Absent, Panel Says in Dismissing $70M Suit

650730/15
Before: Tom, J.P., Saxe, Richter, Gische, Webber, JJ.

Family Court, Bronx County

In the Matter of Jason D (DOB), A Child Under Eighteen Years of Age Alleged to Be Neglected by Corinne, Respondent, [Index Number Redacted by Court]

Prima Facie Case of Child's Abuse Not Made; Child Was Not in Mother's Exclusive Care, Mother's Rebuttal Explanation Was Reasonable

[Index Number Redacted by Court]
Judge Robert Hettleman

Supreme Court, Warren County

Bovee v. Champlain Valley Physicians Hospital Medical Center, 61194

Plaintiffs Entitled to Extension of Time To Serve Doctor in Medical Malpractice Suit

61194
Justice Robert Muller

Supreme Court, Broome County

Town of Union v. Time Warner Entertainment — Advance/Newhouse Partnership, 2013-1257

Franchise Agreements Clear, Unambiguous As to Effective Dates in Contract Breach Suit

2013-1257
Justice Ferris Lebous

Supreme Court, Dutchess County

Matter of C.W., 1051/2016

Court Formulates Own Order of Protection In Connection With Guardian Application

1051/2016
Justice James Pagones

Civil Court, Queens County, Small Claims Part

Singh v. Katkaniec, 2779/2015

Claimant Fails to Show Defendants Proximate Cause of Collision; Damages Claim Dismissed

2779/2015
Arbitrator Dale Frederick

Supreme Court, New York County, Part 55

Ortiz v. Igby Huntlaw LLC, 152159/13

General Contract Denied Dismissal of Worker's Labor Law Claims in Personal Injury Suit

152159/13
Justice Cynthia Kern

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

The People v. Gullo, 2013-2526 RI CR

BAC Reading Found 'Relevant Evidence' In Addition to Other Signs of Impairment

2013-2526 RI CR
Before: Weston, J.P., Aliotta and Elliot, JJ.

Surrogate's Court, New York County

ESTATE OF RALPH MITCHELL, Deceased

ESTATE OF RALPH MITCHELL, Deceased (98/4266) — This petition for leave to allocate and distribute the proceeds of the settlement with G-I Holdings Prepetition and Robert A. Keasbey Company of the causes of action for the conscious pain and suffering and wrongful death of Ralph Mitchell arising out of his exposure to asbestos, and to distribute the net proceeds, is granted.

98/4266
Surrogate Anderson

Appellate Term, Second Judicial Department

HUGHES v. MONE

2015-2372 S C. HUGHES v. MONE — Motion by respondent to dismiss an appeal from judgments of the Justice Court of the Town of Riverhead, Suffolk County, entered August 14, 2015, for failure to prosecute, to vacate a stay granted by decision and order on motion of this court dated December 23, 2015, and to direct the release of funds on deposit.

2015-2372 S C
: Marano, Tolbert Garguilo, JJ.

Appellate Term, Second Judicial Department

1646 UNION, LLC v. SIMPSON

2015-2100 K C. 1646 UNION, LLC v. SIMPSON — Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, to vacate a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016 and May 16, 2016.

2015-2100 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ATLANTIC EQUITY HOLDINGS, LLC v. DOE

2015-1905 K C. ATLANTIC EQUITY HOLDINGS, LLC v. DOE — Motion by Angelyn D. Johnson, Esq., counsel for appellant "XYZ Corporation" on appeals from orders of the Civil Court of the City of New York, Kings County, entered May 28, 2015 and August 4, 2015, respectively, for leave to withdraw as counsel for appellant.

2015-1905 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

ROBINSON v. BRENDAN'S AUTO BODY

2015-1471 W C. ROBINSON v. BRENDAN'S AUTO BODY — Motion by appellant pro se, in effect, to vacate her default in opposing a prior motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Elmsford, Westchester County, entered May 7, 2015, which prior motion was determined by decision and order on motion of this court dated March 1, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order on motion of this court.

2015-1471 W C
: Marano, P.J., Tolbert Garguilo, JJ.

Appellate Term, Second Judicial Department

773 FLATBUSH AVE. CORP. v. YAN HONG ZHANG

2015-1759 K C. 773 FLATBUSH AVE. CORP. v. YAN HONG ZHANG — Motion by appellant for leave to serve and file an amended brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 13, 2015.

2015-1759 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

TIN YAT CHIN v. HON

2014-2785 Q C. TIN YAT CHIN v. HON — Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered January 30, 2014, which was determined by decision and order of this court dated April 6, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2014-2785 Q C
: Weston, J.P., Solomon, Elliot, JJ.

Appellate Term, Second Judicial Department

773 FLATBUSH AVE. CORP. v. ST. SURIN

2015-1775 K C. 773 FLATBUSH AVE. CORP. v. ST. SURIN — Motion by appellant for leave to serve and file an amended brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 13, 2015.

2015-1775 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. CONFINO

2015-2250 N C; 2015-2271 N C; 2015-2273 N C; 2015-2274 N C; 2015-2275 N C; 2015-2276 N C. THE PEOPLE v. CONFINO — Motion by appellant on appeals from an order of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency, entered September 1, 2015, in effect, for leave to reargue her prior motions to submit the six appeals on an abridged record.

2015-2250 N C; 2015-2271 N C; 2015-2273 N C; 2015-2274 N C; 2015-2275 N C; 2015-2276 N C
: Marano, P.J., Iannacci, Garguilo, JJ.

Appellate Term, Second Judicial Department

385 BAYVIEW, LLC v. WARREN

2016-793 N C. 385 BAYVIEW, LLC v. WARREN — Motion by appellant for a stay pending the determination of an appeal from orders of the District Court of Nassau County, First District, entered December 1, 2014, March 30, 2015, and January 19, 2016, respectively, and from a final judgment of the same court entered March 1, 2016, and for leave to prosecute the appeal as a poor person.

2016-793 N C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

HARDING v. ENMORE

2014-2182 K C. HARDING v. ENMORE — Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 27, 2014, which was determined by decision and order of this court dated February 5, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2014-2182 K C
: Pesce, P.J., Weston, Solomon, JJ.

Surrogate's Court, New York County

ESTATE OF ALEXIS KIRK, Deceased

ESTATE OF ALEXIS KIRK, Deceased (10/1835/F) — Lisa Kirk, one of two preliminary executors of the estate of Alexis Kirk, seeks leave of the court to resign from office.

10/1835/F
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF VIRGINIA VERAS, Deceased

ESTATE OF VIRGINIA VERAS, Deceased (14/839 A) — The administrator's petition for leave to compromise a cause of action for decedent's conscious pain and suffering is granted. The restrictions contained in the letters issued to the administrator are removed, and he is authorized to collect the settlement and execute the necessary receipts and releases.

14/839 A
Surrogate Anderson

County Court, Dutchess County

The People v. Hall, 128/2015

DA's Failure to Permit Defendant to Testify Before Grand Jury Dismisses Indictment

128/2015
Judge Craig Brown

District Court, Suffolk County

The People v. Kearney, 2014SU005667

Probable Cause Existed to Stop Vehicle, Arrest Defendant; Statements Denied Suppression

2014SU005667
Judge Karen Wilutis

Supreme Court, Suffolk County, I.A.S. Part 47

Deslich v. Amchem Products, Inc., 13E-63208

Application of Minnesota Law Dismisses Asbestos-Related Personal Injury Action

13E-63208
Justice Jerry Garguilo

Surrogate's Court, New York County

Estate of Walegur, 2013-998/B/C

Petitioners Present Claim Challenging Respondent's Status as Decedent's Distributee

2013-998/B/C
Surrogate Rita Mella

New York State, Court of Claims

Menendez v. The State of N.Y., 126499

Failure to Meet Pleading Requirements Dismisses Malpractice Claims Against State

126499
Judge David Weinstein

New York State Court of Appeals

People v. Maurice Greenberg, No. 90

State May Pursue Disgorgement Claims Against Ex-AIG Officers

No. 90
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam and Fahey concur. Judge Garcia took no part.

New York State, Court of Appeals

Red Zone v. Cadwalader, Wickersham & Taft, No. 5

Legal Malpractice Ruling Modified

No. 5
Abdus-Salaam, Stein and Garcia concur. Chief Judge DiFiore and Judge Fahey took no part.

Family Court, Kings County, CVO Term, Part 14

Matter of M.M v. D.P, F-13959-09/15A

Order of Filiation, Support Order Vacated Against Mentally Ill Respondent/Father

79168
Judge Sharon AB Clarke

Appellate Division, Second Department

Matter of Masullo v. City of Mount Vernon, 1156/13

1156/13
Before: Mastro, J.P., Chambers, Roman, LaSalle, JJ.

Appellate Division, Second Department

Morency v. Horizon Transp. Servs., Inc., 26609/10

Questioning of Disabled Plaintiff's Guardian About Criminal History Brings New Slip-and-Fall Trial

26609/10
Before: Hall, J.P., Cohen, Miller, Barros, JJ.

Appellate Division, First Department

Matter of Abdur-Rashid v. New York City Police Dept., 101559/13

Panel Supports City's Denial of Data on NYPD Surveillance

101559/13
Before: Friedman, J.P., Andrias, Saxe, Richter, JJ.

Appellate Division, Second Department

Matter of Naquan L.G., 2013-01763

Finding Lack of Fault, Panel Upholds Parental Surrender

2013-01763
Before: Dillon, J.P., Hall, Sgroi, Barros, JJ.

Appellate Division, First Department

Association for Affordable Housing v. City Council, 158093/13

Court Upholds Local Law Requiring Housing Disclosure

158093/13
Before: Renwick, J.P., Andrias, Saxe, Richter, JJ.

Family Court, Nassau County

In the Matter of a Paternity Proceeding under Article 5 of the Family Court Act, Alexander B., Petitioner v. Marcella F., Respondent, P-09544-15

Petitioner Estopped From Seeking Genetic Marker or DNA Paternity Testing; Petitioner Acquiesced in Long-Term Nurturing Relationship Between Child, Respondent Mother's Husband

P-09544-15
Justice Felice Muraca

Surrogate's Court, New York County

ESTATE OF PESHOTAN MULLAN, Deceased

ESTATE OF PESHOTAN MULLAN, Deceased (04/3860/A) — This is an uncontested application by decedent's niece and an attorney to revoke letters of administration previously issued to the Public Administrator, to admit decedent's purported will dated November 19, 1971, to probate as an ancient document, and to appoint petitioners as co-administrators c.t.a. of the above-captioned estate.

04/3860/A
Surrogate Anderson

Surrogate's Court, Westchester County

ESTATE OF CAROLE PALMIERI, Deceased

ESTATE OF CAROLE PALMIERI, Deceased (12/1154) — In this contested probate proceeding, Rosemary Bellinger ("respondent") moves this court for an order (i) precluding Patricia Palmieri ("petitioner") from offering evidence on the undue influence issue and/or determining that issue in favor of respondent; (ii) suppressing admission and use at the trial of this will contest the tape recordings1; (iii) suppressing admission and use at trial of derivative materials from the tape recordings, including copies of all or part of the tape recordings, transcripts thereof, and testimony concerning their contents; and (iv) granting respondent such other and further relief as to the court may seem just and proper. The motion is granted in part, as more fully set forth herein.

12/1154
Surrogate Walsh

Surrogate's Court, Queen's County

ESTATE OF: Ames, Jenna Isabella; Badger, III, James; Filiano, Joseph;Gill, Roslyn; Gubser, James; Heller, Abraham; Heller, Ethel; Hurst, Linnette; Keung, Wai Lan; McClain, Viola; McCormick, Archibald J.; Millington, Amir; Noibi, Kolawole; Perdue, Donald R.; Pototzky, Rita L.; Rodriguez, Paulina; Soto, Ramon; Vanhove, Albert C.; Yard, Ella

ESTATE OF: Ames, Jenna Isabella; Badger, III, James; Filiano, Joseph;Gill, Roslyn; Gubser, James; Heller, Abraham; Heller, Ethel; Hurst, Linnette; Keung, Wai Lan; McClain, Viola; McCormick, Archibald J.; Millington, Amir; Noibi, Kolawole; Perdue, Donald R.; Pototzky, Rita L.; Rodriguez, Paulina; Soto, Ramon; Vanhove, Albert C.; Yard, Ella — Decisions signed


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF BORIS ANTSIS A/K/A BORIS SIROTENKO, Deceased

ESTATE OF BORIS ANTSIS A/K/A BORIS SIROTENKO, Deceased (05/0256/J/K/L) — This is an application by the co-administrators of the estate of Boris Antsis, to distribute from their attorneys' escrow account the proceeds of wrongful death and conscious pain and suffering causes of action. The causes of action arose from the decedent's exposure to asbestos. The Supreme Court, New York County approved the compromise of the causes of action and also approved the fees and disbursements of petitioner's counsel.

05/0256/J/K/L
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF DRINA KARP, Deceased

ESTATE OF DRINA KARP, Deceased (15/1195/A) — William McIntosh filed a notice of claim against the estate of Drina Karp for $162,000, representing an alleged pre-death gift from decedent. The administrator, Nicki Bartels, rejected the claim, arguing that because the check was never deposited, it was an incomplete gift. Bartels has petitioned for a determination of the validity of this claim pursuant to SCPA 1809.

15/1195/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF SUNI W. BEY, Deceased

ESTATE OF SUNI W. BEY, Deceased (15/4727/A) — Decedent Suni W. Bey died on May 6, 2015, survived by 5 non-marital children. One of his daughters, Karima Bey, filed a petition for Letters of Administration and attached the Waivers and Consents of two other of decedent's children. Another daughter, Malikah Waheeda Bey, filed a cross-petition seeking to be appointed administrator together with the Waiver and Consent of the fifth child. On April 15, 2016, the petition and cross-petition were returnable before the court, and, after a conference with a court attorney referee, the parties were unable to reach an agreement with respect to who would serve as administrator (see SCPA 1001[1][f][i]).

15/4727/A
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF HARRY POSNER, Deceased

ESTATE OF HARRY POSNER, Deceased (90/2705/B) — At the call of the calendar in this proceeding to compel an accounting by the executor of the estate of Harry Posner, the court directed Robert Posner to file an account of his proceedings as executor, together with a petition for its judicial settlement in 45 days (July 5, 2016).

90/2705/B
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF RUSHELLE K. WECHSLER, Deceased

ESTATE OF RUSHELLE K. WECHSLER, Deceased (16/237) — In this uncontested proceeding, petitioner seeks to probate a copy of a document dated August 27, 2014, as decedent's will. Decedent died on November 25, 2015. The attorney who drafted the document affirms that he maintained possession of the original document after its execution, and that at the time of decedent's death he was still in possession of the original. He further affirms that, in late 2014, his office began a practice of scanning all documents in order to save on storage space and costs and that it was during this process that the original instrument was lost or misplaced.

16/237
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF EDMOND F. MARCHI, Deceased

ESTATE OF EDMOND F. MARCHI, Deceased (10/2168/D) — This petition for leave to allocate the proceeds of the settlement of the causes of action for decedent's conscious pain and suffering and wrongful death arising out of decedent's exposure to asbestos, and to distribute the proposed net settlement proceeds, is granted.

10/2168/D
Surrogate Anderson

Surrogate's Court, New York County

ESTATE OF SUNI W. BEY, Deceased

ESTATE OF SUNI W. BEY, Deceased (15/4727)

15/4727
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF RONALD D. MYERS, Deceased

ESTATE OF RONALD D. MYERS, Deceased (06/4109/D) — After several conferences with the court, this contested accounting in the estate of Ronald D. Myers has been settled pursuant to a stipulation dated October 20, 2015.

06/4109/D
Surrogate Anderson

Supreme Court, New York County

The People of the State of New York, Plaintiff v. William O'Connell, Defendant, 2327-2013

Resisting Arrest Conviction of Handcuffed Man Tossed

2327-2013
Judge Juan Merchan

District Court, Suffolk County, 1st District

The People v. Paladino, 2014SU-000249

Probable Cause Existed for Arrest; Suppression of Evidence, Statements Denied

2014SU-000249
Judge Karen Wilutis

District Court, Suffolk County

Town of Brookhaven v. Ferdinand, 16-0507

Town Partly Granted, Partly Denied Preliminary Injunction Against Defendants on Violations

16-0507
Judge James Matthews

Supreme Court, Richmond County, Criminal Term Part 15

The People v. Jordan, 255/2015

Upon Reargument, Court Reverses and Denies Suppression of Evidence Recovered in Handbag

255/2015
Justice Wayne Ozzi

Family Court, Kings County

S.M. v. F.J.L., O-02561-14

Health Care Provider Denied Dismissal Of Family Offense Petition by Patient

O-02561-14
Judge Adam Silvera

Surrogate's Court, Bronx County

Estate of Williams, 2009-889A

Son Denied Vacatur of Default, Motion To Renew/Reargue Decision Revoking Letters

2009-889A
Surrogate Neida Malave-Gonzalez

Criminal Court, New York County, Bench Trial Part 1

The People v. Rivera, 2015NY021343

Information Fails to Properly Allege Defendant In Possession of Marijuana Recovered From Car

2015NY021343
Judge Lyle Frank

New York State, Court of Appeals

People v. Glenford Hull, No. 81

No. 81
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Fahey and Garcia concur. Judge Stein took no part.

New York State, Court of Appeals

Dylan P. v. Webster Place Associates, No. 125

No. 125 SSM 12
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

CRP/Extell Parcel I v. Cuomo, No. 75

No. 75
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

New York State, Court of Appeals

People v. Ronald Rossborough, No. 69

No. 69
Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein and Garcia concur. Judge Fahey took no part.

Supreme Court, Dutchess County

John Mackenzie, Petitioner v. Tina M. Stanford, Chair of the New York State Parole Board, Respondent, 2789/15

Judge Finds Parole Board in Contempt for Ignoring Order

2789/15
Justice Maria Rosa

Appellate Division, First Department

The People of the State of New York, Respondent v. Christopher Krieg, Defendant-Appellant, 2855/12

Videoconference Denied, Panel Reverses Paraplegic's Conviction

2855/12
Before: Tom, J.P., Mazzarelli, Andrias, Manzanet-Daniels, Gesmer, JJ.

Supreme Court, Westchester County

Raffaeli v. Raffaeli, 2089/2013

2089/2013
Justice Victor Grossman

Supreme Court, Kings County, IAS Term, Part 43

805 Car Wash LLC, Plaintiff v. Melvin Lichter; Trust Dated August 3, 2009 f/b/o Joyce Roven Greifinger; Atlantic Hand Wash, Inc., and John Does #1-5, Defendants, 511863/15

Lease's Proposed Assignee Lacks Standing to Assert Claim Against Landlord of Car Wash Over Allegedly Wrongful, Unreasonable Refusal to Grant Consent to Assign

511863/15
Justice Mark Partnow

Supreme Court, Westchester County

Bucaj v. Capra Re Inc, 50826/2014

Firefighter Barred From Recovering Under Common-Law Negligence Claim For Injuries

50826/2014
Justice Lawrence Ecker

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

Bank of America v. Riccardi, 060773/2013

Alleged Property Owner Denied Untimely Motion For Leave to Intervene in Foreclosure Action

060773/2013
Justice Thomas Whelan

Supreme Court, New York County, Part 45

Public Sector Pension Investment Board v. Saba Capital Management, L.P., 653216/2015

Renewal Granted, Breach of Fiduciary Duty Claim Granted Dismissal as Duplicative

653216/2015
Justice Anil Singh

Supreme Court, New York County, IAS Part 61

Smile for Kids, Inc. v. The Madison Square Garden Co., 652416/2016

Ticket Re-Seller Partly Granted, Partly Denied Preliminary Injunction Against MSG

652416/2016
Justice Barry Ostrager

Supreme Court, New York County, Part 55

Fuller v. 79 Hamilton Place Housing Development Fund Corp., 150028/2016

Buyers' Claims for Promissory Estoppel, Contract Breach Barred by Statute of Frauds

150028/2016
Justice Cynthia Kern

Supreme Court, New York County, Part 58

Siroy v. Jobson Healthcare Information LLC, 156492/2015

Forum Selection Clause Prevails, Dismissing Employment Discrimination Action

156492/2015
Justice David Cohen

Surrogate's Court, New York County

ESTATE OF SHIRLEY H. KAPLAND, Deceased

ESTATE OF SHIRLEY H. KAPLAND, Deceased (12/2588/D) — In this proceeding to settle the final account of Lawrence Newman and Bernard Katz, as executors of the estate of Shirley H. Kapland, Bonnie Postel moved for leave to amend her objections. Subsequent to the filing of the motion, however, by stipulation dated April 4, 2016, all parties consented to the filing of amended objections (CPLR §3025 [b]). In the stipulation, which has since been filed with the court, Postel has withdrawn her motion.

12/2588/D
Surrogate Mella

Appellate Term, First Judicial Department

ELRAC LLC F/K/A ELRAC, INC. D/B/A ENTERPRISE LEASING COMPANY A/K/A EAN HOLDINGS, INC., plf-res, JESSENIA DUQUE, def-app

16-117. ELRAC LLC F/K/A ELRAC, INC. D/B/A ENTERPRISE LEASING COMPANY A/K/A EAN HOLDINGS, INC., plf-res, JESSENIA DUQUE, def-app — Judgment (Anthony Cannataro, J.), entered on or about February 26, 2015, reversed, with $30 costs, and complaint dismissed.

16-117
: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.

Appellate Term, First Judicial Department

ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, pet-app, v. NORTHEAST ANESTHESIA AND PAIN MANAGEMENT A/A/O THAKUR BALDEO, res-res

16-198. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, pet-app, v. NORTHEAST ANESTHESIA AND PAIN MANAGEMENT A/A/O THAKUR BALDEO, res-res — Order and judgment (one paper) (Jennifer G. Schecter, J.), entered on or about January 15, 2015, reversed, without costs, and matter remanded to Civil Court for a framed issue hearing regarding whether the $50,000 limit of the subject insurance policy was exhausted before petitioner-insurer was obligated to pay respondent's claim.

16-198
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MISSIONARY SISTERS, INC. C/O HALSTEAD MGMT. CO., LLC, pet-land-app, v. VIVIEN FAUERBACH, res-tent-res -AND- “JOHN DOE,” AND/OR “JANE DOE,” res-und

16-147/148. MISSIONARY SISTERS, INC. C/O HALSTEAD MGMT. CO., LLC, pet-land-app, v. VIVIEN FAUERBACH, res-tent-res -AND- "JOHN DOE," AND/OR "JANE DOE," res-und — Order (Cheryl J. Gonzales, J.), dated August 28, 2015, modified, to deny tenant's motion to disqualify landlord's attorney and to provide that the suppression of documents is without prejudice; as modified, order affirmed, without costs. Appeal from order (Cheryl J. Gonzales, J.), dated March 13, 2015, dismissed, without costs, as superseded by the appeal from the August 28, 2015 order.

16-147/148
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.

Surrogate's Court, Suffolk County

ESTATE OF LORRAINE P. HAIMES, Deceased

ESTATE OF LORRAINE P. HAIMES, Deceased (13/3736/B) — In this contested miscellaneous proceeding, respondent, Laura Haimes, seeks to preclude petitioner, Richard Haimes, from offering certain evidence at trial or dismissal of the underlying petition for his failure to respond to her disclosure demands. The application is opposed by petitioner. For the reasons set forth below, the court grants preclusion, but not dismissal.

13/3736/B
Surrogate Czygier

Surrogate's Court, Suffolk County

ESTATE OF RICHARD FRANK A/K/A RICHARD D. FRANK A/K/A RICHARD DEK. FRANK, Deceased

ESTATE OF RICHARD FRANK A/K/A RICHARD D. FRANK A/K/A RICHARD DEK. FRANK, Deceased (12/2447/A) — In this contested accounting proceeding, objectant moves for an order of preclusion, an order to compel and various other relief in the nature of sanctions for petitioner's alleged failure to comply with outstanding discovery demands. For the reasons set forth herein, the motion is denied, without prejudice.

12/2447/A
Surrogate Czygier

Surrogate's Court, Suffolk County

ESTATE OF LOUIS H. SEEGERS A/K/A LOUIS H. SEEGERS, SR., Deceased

ESTATE OF LOUIS H. SEEGERS A/K/A LOUIS H. SEEGERS, SR., Deceased (15/1161/A) — Before the court is a motion by petitioner seeking injunctive relief against the respondent herein, pending the outcome of the underlying proceeding. For the reasons set forth herein, the motion is denied.

15/1161/A
Surrogate Czygier

Surrogate's Court, New York County

ESTATE OF MONICA MEYER, Deceased

ESTATE OF MONICA MEYER, Deceased (09/4352/G) — By order to show cause, Ronald Meyer, as executor of the estate of Monica Meyer, petitions here, among other things, for enforcement of a settlement agreement made in open court with respondent Patricia Olle (Pat) on December 13, 2013, incident to a prior proceeding. As part of the settlement of that prior proceeding (File No. 2009-4352/F), Pat agreed to pay $10,500 to the decedent's estate in exchange for a general release of all claims from the executor, as fiduciary and individually, excepting from the release only the payment by Pat of her pro rata share of estate taxes, including interest and penalties thereon, if any.

09/4352/G
Surrogate Mella

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased (84/2195/C) — The contempt proceeding commenced by Joy Rosenthal as successor trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie against her predecessor, Ronald L. Garnett, has been discontinued, in accordance with a stipulation filed on December 1, 2015 (see CPLR 3217 [a] [2]).

84/2195/C
Surrogate Mella

Surrogate's Court, Nassau County

Matter of the Kermit Gitenstein Foundation, 357003A

Surrogate Removes Schlesinger as Receiver of L.I. Foundation

357003A
Judge Margaret Reilly

Appellate Division, Second Department

Matter of Convers v. County of Orange, 7344/14

Panel Finds Rights at Issue in Election Inspectors' Suit

7344/14
Before: Hall, J.P., Cohen, Miller, Barros, JJ.

Supreme Court, Richmond County, Criminal Term Part 15

People v. Shonntay Jordan, 255/2015

Judge Declines to Suppress Heroin in 'Abandoned' Bag

255/2015
Justice Wayne Ozzi

Civil Court, Kings County, Housing Part G

Simon v. Miller, 71019/2012

Issue Whether Respondent Can Establish Right to Succeed to Premises Matter for Trial

71019/2012
Judge Marcia Sikowitz

Supreme Court, Kings County, IAS Term, Part 75

Wells Fargo Bank, N.A. v. Davis, 501655/14

Plaintiff Fails to Establish Standing, Denied Summary Judgment and Order of Reference

501655/14
Justice Robin Garson

Supreme Court, Bronx County

Marquez v. NY Stone Co., Inc., 310531/09

Worker Establishes Prima Facie Entitlement To Judgment on Liability Under LL §240(1)

310531/09
Justice Julia Rodriguez

Supreme Court, New York County, IAS Part 6

Gurbuzturk v. Jamron, 805284/2013

Doctor's File Not Protected, Discoverable; Defendants Must Respond to Demand

805284/2013
Justice Joan Lobis

Supreme Court, New York County, Part 42

Allstate Ins. Co. v. American Comprehensive Healthcare Medical Group, P.C., 151752/2013

Defendants Raise Issue if EUO Notices Timely Mailed Barring Summary Judgment to Allstate

151752/2013
Justice Nancy Bannon

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

Sanford v. Delta Air Lines, Inc., 2014-2458 Q C

Divided Panel Affirms Order Denying Delta Dismissal of Personal Injury Action

2014-2458 Q C
Before: Pesce, Michael P.J., Weston and Aliotta, JJ.

Appellate Division, Second Department

Pinkesz Mutual Holdings v. Pinkesz

Ruling Bars Arbitrator From Modifying Original Award

507958/13
Before: Dillon, J.P., Chambers, Barros, Nelson, JJ.

Supreme Court, Oneida County

Matter of Robert V. v. The State of N.Y., CA2015-002561

Confined Sex Offender Denied Petition To Access, Review Records in MHLS' Possession

CA2015-002561
Justice Louis Gigliotti

Criminal Court, Kings County, Part AP2

The People v. Mitchell, 2015KN049374

Issuance of Search Warrant Based on Probable Cause; Motion to Controvert Warrant Denied

2015KN049374
Judge Joy Campanelli

Criminal Court, New York County

The People v. Rondon, 2016NY020807

Water Taxi Ride a 'Service' Not Entertainment, Charges for Peddling Without License Upheld

2016NY020807
Judge Steven Statsinger

Supreme Court, New York County, Part 35

Villongco v. Tompkins Square Bagels, 153093/2014

Employer Granted Dismissal of Personal Injury Suit, Not Liable for Negligent Hiring

153093/2014
Justice Carol Robinson Edmead

Supreme Court, New York County

Sione B. v. Doug B., 311438/13

Stipulation Clear, QDRO Accurately Reflects Its Terms of SAG Pension Distributions to Wife

311438/13
Justice Laura Drager

Appellate Division, First Judicial Department

In re Tiemann Place Realty, LLC v. 55 Tiemann Owners Corp., 159958/14

Apartment's Assignee Bound By Stipulation, Lease Terms Limiting Board Membership

159958/14
Justice Rolando Acosta

Appellate Term, First Judicial Department

Esplanade 94, LLC v. Pavella, Jessica

570362/16 Esplanade 94, LLC v. Pavella, Jessica

570362/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Pantoja, Luis

570288/16. People v. Pantoja, Luis

570288/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

B.C.R.E. 90 West Street, LLC v. Hodge, Patricia Ex-parte applications are declined

570649/15. B.C.R.E. 90 West Street, LLC v. Hodge, Patricia Ex-parte applications are declined.

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

Appellate Term, First Judicial Department

NYCHA - Parkside Houses v. Pantoja, Matthew et al., Ex-parte application is granted

NYCHA - Parkside Houses v. Pantoja, Matthew et al., Ex-parte application is granted.


: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Lee, Jamel

571127/13. People v. Lee, Jamel

571127/13
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Appellate Term, First Judicial Department

Hassan, Yosef c/o Vision Prop. Mgmt., v. Johnson, Tina

570323/16. Hassan, Yosef c/o Vision Prop. Mgmt., v. Johnson, Tina

570323/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Ruan, Ting

570986/16. People v. Ruan, Ting

570986/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

People v. Bradberrry, Jada

570298/16. People v. Bradberrry, Jada

570298/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

335-7 LLC v. Steele, Tracy

570888/15. 335-7 LLC v. Steele, Tracy

570888/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Malcolm, Maliek

571116/12. People v. Malcolm, Maliek

571116/12
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

Tanco, Antonio v. Marilou Dev. Co. Inc., & Con Edison

570311/16. Tanco, Antonio v. Marilou Dev. Co. Inc., & Con Edison

570311/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Evans, Desirre

570281/16. People v. Evans, Desirre

570281/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Appellate Term, First Judicial Department

People v. Diaz, Dylan

570291/16. People v. Diaz, Dylan

570291/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

C F E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined

C F E 86 LLC et al., v. Rosenberg, Rudolph Ex-parte applications are declined.


: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

VLADIMIR GINZBURG, plfapp, v. AL ITALIA AIRLINES, def-res

16-194. VLADIMIR GINZBURG, plfapp, v. AL ITALIA AIRLINES, def-res — Judgment (Shlomo S. Hagler, J.), entered on or about February 15, 2007, affirmed, without costs.

16-194
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Nobles, Lennard

570312/16. People v. Nobles, Lennard

570312/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

People v. Martinez, Steven

570299/16. People v. Martinez, Steven

570299/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

People v. Broussard, Ronald

570289/16. People v. Broussard, Ronald

570289/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

71 Franklin LLC v. Hedberg, Anders Ex-parte applications are declined

570363/16. 71 Franklin LLC v. Hedberg, Anders Ex-parte applications are declined.

570363/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Chen, Zhong

570294/16. People v. Chen, Zhong

570294/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

Diego Beekman Mutual Housing Assn HDFC v. Blair, Rose Ex-parte applications are declined

570365/16. Diego Beekman Mutual Housing Assn HDFC v. Blair, Rose Ex-parte applications are declined.

570365/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MARY KAPARIC, plf-res, v. 309 EAST 5 STREET LLC, FAME PARTNERS, LLC AND R.A. COHEN & ASSOCIATES, def-app

16-150. MARY KAPARIC, plf-res, v. 309 EAST 5 STREET LLC, FAME PARTNERS, LLC AND R.A. COHEN & ASSOCIATES, def-app — Order (Paul A. Goetz, J.), entered August 12, 2015, reversed, without costs, and defendants' motion is granted to the extent of precluding plaintiff from offering evidence of her injuries unless she fully complies with the October 29, 2010 order of Judge Engoron within 60 days after service of a copy of this order with notice of entry.

16-150
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Valdivia, Mario

570890/11. People v. Valdivia, Mario

570890/11
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Appellate Term, First Judicial Department

Salikram, Delmar v. Finite Homes, LLC

570204/16. Salikram, Delmar v. Finite Homes, LLC,

570204/16
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Green Package Realty LLC v. Thompson, Latrece Ex-parte applications are declined

570364/16. Green Package Realty LLC v. Thompson, Latrece Ex-parte applications are declined.

570364/16
: Lowe, III, P.J., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Samuda-Riley, Justin

570287/16. People v. Samuda-Riley, Justin

570287/16
: Schoenfeld, P.J., Shulmman, Hunter Jr.. J.J.

Appellate Term, First Judicial Department

117 WEST 142, L.L.C., pet-land-app, v. STEPHANIE VILLANUEVA, res-tent-res

16-207/210. 117 WEST 142, L.L.C., pet-land-app, v. STEPHANIE VILLANUEVA, res-tent-res — Order (Anne Katz, J.), dated May 26, 2015, and orders (Maria Milin, J.), dated, respectively, August 24, 2015, October 15, 2015 and October 30, 2015, affirmed, with one bill of $10 costs.

16-207/210
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

BANANA KELLY UNION HDFC, pet-land-res, v. CHRISTINA CHAMBERS, res-tent-app

16-082. BANANA KELLY UNION HDFC, pet-land-res, v. CHRISTINA CHAMBERS, res-tent-app — Order (Laurie Marin, J.), dated August 28, 2015, reversed, without costs, motion denied and stipulation reinstated.

16-082
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

People v. Jones, Donald

570290/16. People v. Jones, Donald

570290/16
: Schoenfeld, P.J., Shulmman, Ling-Cohan. J.J.

Supreme Court, Westchester County

Bucaj v. Capra Re, 50826/2014

Injured Firefighter's Claim Against Restaurant Proceeds

50826/2014
Justice Lawrence Ecker

Appellate Division, Second Department

Matter of Pinkesz v. Wertzberger, 14531/13

Ruling Bars Arbitrator From Modifying Original Award

14531/13
Before: Dillon, J.P., Chambers, Barros, Nelson, JJ.

Appellate Division, First Department

Wigdor v. SoulCycle, 161572/14

Suit by Lawyer Banned From SoulCycle Dismissed

161572/14
Before: Sweeny, J.P., Saxe, Moskowitz, Gische, Webber, JJ.

Family Court, Kings County, Part 18

Matter of Kareema H., N27985/14

Foster Care Terminated, Maternal Aunt Granted Sole Legal, Physical Custody of Child

N27985/14
Judge Lillian Wan

Family Court, Kings County, Part 3

Matter of Bertin E., Jr. v. Janis G., F-07609-04/15D

Court Declines to Credit Father's Testimony, Denies Objections to Amended Dismissal Order

F-07609-04/15D
Judge Javier Vargas

Surrogate's Court, Kings County

Will of Chiavelli, 1606-2015

Court Rules 2008 Will Executed in St. Maarten Revokes 2006 Will Executed in New York

1606-2015
Surrogate Diana Johnson

Supreme Court, Kings County, Criminal Term, Part AJ Tap

The People v. Perez, 10476-2014

First Degree Attempted Murder Legally Cognizable Crime, Dismissal Denied

10476-2014
Justice Matthew D'Emic

Surrogate's Court, New York County

Will of Mark, 2014-856

Objectants Denied Stay of Discovery, Directed to Produce Responsive Documents

2014-856
Surrogate Nora Anderson

Supreme Court, New York County

Matter of Fernandez v. The N.Y. City Police Dept., 100820/14

Court Declines to Order Police to Expend More Hours on Likely Fruitless Search for Records

100820/14
Justice Alice Schlesinger

Supreme Court, New York County

Villongco v. Tompkins Square Bagels, 153093/2014

Shop Not Liable for Worker's 'Off the Clock' Punch of Patron

153093/2014
Justice Carol Edmead

Appellate Division, First Department

People v. Paul Agola, 5319/12

Citing Double Jeopardy, Panel Reverses Conviction

5319/12
Before: Friedman, J.P., Renwick, Saxe, Kapnick, JJ.

Supreme Court, Putnam County

Noel Troche, Plaintiff v. Ronald D. Espinosa and John M. Zarcone, Jr., Defendants, 2538/09

Matter 'Marked Off' nearly 4 1/2 Years Ago Due to Failure To Appear At Calendar Call Is Restored to Calendars; Prior Court Erred in Denying Restoration Motion for Failure to Show 'Good Cause'; 'Good Cause' Not a Requirement Where Case Simply 'Marked Off'

2538/09
Justice Paul Marx

Supreme Court, Essex County

Moses Ludington Nursing Home Inc. v. Schreiner, CV14-0375

Issues if Access to Funds to Pay for Mother's Nursing Home Exist, Bar Summary Judgment

CV14-0375
Justice Robert Muller

Civil Court, Queens County, Small Claims Part

Caton v. Unique Stair Builder, Inc., 3129/2015

New Contract Unambiguously Incorporated Into Signed Delivery Receipt, Enforceable

3129/2015
Arbitrator Dale Frederick

Supreme Court, Queens County

Hossain v. Hossain, 17142/13

Defendant Expressly Consented to Jurisdiction Of Court in Stipulation in Partition Action

17142/13
Justice Allan Weiss

Supreme Court, Queens County, IAS Part 12

Catsiapis v. Giano, 21642/2012

E-Mails May Constitute Enforceable Contract If Communications Evince Clear Intent

21642/2012
Justice Denis Butler

Supreme Court, New York County, IAS Part 45

Rivera v. Cumulus Media, Inc., 654121/2015

Defendants Granted Dismissal of Promissory Estoppel, Anticipatory Contract Breach Claims

654121/2015
Justice Anil Singh

Supreme Court, New York County

Matter of Thomson v. Zillow, Inc., 150475/16

'Apex Witnesses' Not Exempt From Depositions, But From Giving Testimony; Motion Denied

150475/16
Justice Barbara Jaffe

Surrogate's Court, Richmond County

Ramona J. Prince; Rose Truss; Tracy Freeo; Salvador Nanco Rodriguez; Frank Semo, Jr.

MATTER OF: Ramona J. Prince; Rose Truss; Tracy Freeo; Salvador Nanco Rodriguez; Frank Semo, Jr.


Surrogate Gigante

Surrogate's Court, Richmond County

Christine M. Tomes; Julia A. Tomes; Felicia M. Alexander

MATTER OF: Christine M. Tomes; Julia A. Tomes; Felicia M. Alexander


Surrogate Gigante

Surrogate's Court, Richmond County

Peter G. West; Francis J. Romano; Dianne Jorgensen; Lorraine Ihnken; Hilda Thompson; Cynthia Macari; Richrd Pensabene; Joan Sandin; Helen Micara; James Mckendry; Rose Puletti; Madelyne Sintyago

MATTER OF: Peter G. West; Francis J. Romano; Dianne Jorgensen; Lorraine Ihnken; Hilda Thompson; Cynthia Macari; Richrd Pensabene; Joan Sandin; Helen Micara; James Mckendry; Rose Puletti; Madelyne Sintyago


Surrogate Gigante

Supreme Court, Albany County

Matter of Lederman v. King, 5443-14

Teacher's Petition to Set Aside, Vacate Growth Score, 'Ineffective' Rating Granted

5443-14
Justice Roger McDonough

Supreme Court, Westchester County

Friedberg v. Pena, 68005/2013

Failure to Serve Amended Complaint Requires Vacatur of Judgment of Foreclosure and Sale

68005/2013
Justice William Giacomo

Supreme Court, Suffolk County, I.A.S. Part 22

US Bank Trust, NA. v. Romano, 13-20919

Failure to Show Reasonable Excuse, Meritorious Defense Denies Dismissal of Foreclosure Suit

13-20919
Justice Carol MacKenzie

Supreme Court, Kings County, IAS Term, Part 70

Shaw v. Launch Development, LLC, 13867/14

Defendants Fined, Found in Civil Contempt For Violating Preliminary Injunction

13867/14
Justice Wavny Toussaint

Supreme Court, Kings County

N.Y. City Construction, Inc. v. Morgenstern Bros. Realty Inc., 502527/2015

Landlord's Assertions Found Speculative, Grants Tenant 'Yellowstone' Injunction

502527/2015
Justice Carolyn Demarest

Supreme Court, Bronx County, Part 24

Poole v. N.Y. University, 304687/2009

Special Employee Barred by WCL From Suing NYU For Injuries Sustained on The Job

304687/2009
Justice Sharon A.M. Aarons

Civil Court, New York County, Housing Part

UHAB HDFC v. Sylvester, 68431/2015

No Landlord Tenant Relationship; Dismissal Of Nonpayment Eviction Proceeding Granted

68431/2015
Judge Michael Weisberg

Surrogate's Court, Bronx County

Estate of James Foley

Order signed; 2015-274/A -Estate of James Foley; Order signed; 2016-536/A -Estate of John Pegram; Order signed; 502A2001/A -Estate of Gary Gordon; Order signed; 2015-1080/A -Estate of Antonia Colon; Order signed; 2014-1231/B -Estate of Catherine Rosado; Decree signed; 2015-2803 -Estate of Margaret Leonforte; Decree signed; 2016-261 -Estate of Edmund Lum; Decree signed; 2014-2801 -Estate of Naydven Santos; Decree signed; 2015-2744 -Estate of Edith Bullard; Decree signed; 2015-2859 -Estate of Musa Binakaj; Decree signed; 2015-1259/A -Estate of Elijah Q Johnson; Decree signed; 2016-467 -Estate of Ellen Victoria Morla; Decree signed; 2016-566 -Estate of Tina Connell; Decree signed; 2015-2982 -Estate of Zephaniah Burrell; Decree signed; 2015-2750 -Estate of Francisco; Sanchez-Miranda; Decree signed; 2016-587 -Estate of Jean Lumsby; Decree signed; 2015-217/A -Estate of Clarence Jenkins; Decree signed; 2015-413 -Estate of Gerald Johnson; Decree signed; 2015-2749 -Estate of Willis Donahue; Decree signed; 2016-508 -Estate of Denise Sleigh-Bradley; Decree signed; 2016-31 -Estate of Altaf Ali; Decree signed; 2016-1035 -Estate of Hector Luis Garcia; Decree signed; 2015-2409-Estate of Joseph Owusu Nkwantabisa; Decree signed; 2016-970 -Estate of Angelo C Basile; Decree signed; 2015-2712 -Estate of Joyce Chester; Decree signed; 2015-793 -Estate of Jordania Sarita; Decree signed; 2013-788 -Estate of Maria E Lugo; Decree signed; 2014-2574 -Estate of Stacy Peguero

2015-274/A
Surrogate Malave-Gonzalez

Appellate Term, Second Judicial Department

DOJI BAK, LLC, res, v. ALTA PLASTICS, app

2015-751 W C. DOJI BAK, LLC, res, v. ALTA PLASTICS, app — Appeal from an order of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), entered February 3, 2015. The order denied tenant's motion to vacate a default final judgment and dismiss the petition in a nonpayment summary proceeding.

2015-751 W C
: Iannacci, J.P., Marano and Tolbert, JJ.

Appellate Term, First Judicial Department

PARKCHESTER PRESERVATION COMPANY, LP, pet-land-res, v. ROBERT LAMBERT AND JOSEPHINE LAMBERT, res-tent-app

16-181. PARKCHESTER PRESERVATION COMPANY, LP, pet-land-res, v. ROBERT LAMBERT AND JOSEPHINE LAMBERT, res-tent-app — Order (John H. Stanley, J.), entered on or about June 11, 2015, modified to the extent of staying execution of the warrant of eviction on condition that tenants, within 10 days after service of a copy of this order with notice of entry, remove the subject washing machine from their apartment; as modified, order affirmed, without costs.

16-181
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

CF E 86 LLC, et al., v. Rosenberg, Rudolph “Rudy” Ex-parte applications are declined

571200/15. CF E 86 LLC, et al., v. Rosenberg, Rudolph "Rudy" Ex-parte applications are declined.

571200/15
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

T & J CHIROPRACTIC, P.C., A/A/O MASSE v. AMERICAN TR. INS. CO.

2013-1700 Q C. T & J CHIROPRACTIC, P.C., A/A/O MASSE v. AMERICAN TR. INS. CO. — Motion by appellant, in effect, to vacate this court's decision and order on motion dated March 10, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 4, 2013, on the ground that the order recited that it was entered on consent.

2013-1700 Q C
: Pesce, P.J., Weston, Aliotta, JJ.

Appellate Term, First Judicial Department

THE PEOPLE, res, v. CHANELLE WILKERSON, def-app

13-411. THE PEOPLE, res, v. CHANELLE WILKERSON, def-app — Judgment of conviction (Linda Poust-Lopez, J.), rendered November 2, 2012, affirmed.

13-411
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Klyvert, Delores v. Gomez, Adama

570327/16. Klyvert, Delores v. Gomez, Adama

570327/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, First Judicial Department

THE PEOPLE, app, v. EFIGENIO FIGUEROA, def-res

16-099. THE PEOPLE, app, v. EFIGENIO FIGUEROA, def-res — Order (Armando Montano, J.), dated March 3, 2015, affirmed.

16-099
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. JACOBS, JAMES

2015-02636 S CR. THE PEOPLE v. JACOBS, JAMES — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered September 2, 2015.

2015-02636 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app

2014-2458 Q C. FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app — Weston, J., dissents and votes to reverse the order and grant defendant's motion for summary judgment dismissing the complaint in the following memorandum:

2014-2458 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, First Judicial Department

Martinez, Martina v. Kengne, Zacharie Ex-parte applications are declined

570350/16. Martinez, Martina v. Kengne, Zacharie Ex-parte applications are declined.

570350/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

52 Hamilton Pl NYC Corp., v. Araman, Christine Ex-parte applications are declined

570292/16. 52 Hamilton Pl NYC Corp., v. Araman, Christine Ex-parte applications are declined.

570292/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. SARANT, JOEL

2016-00923 S CR. THE PEOPLE v. SARANT, JOEL — Motion by defendant to file a late notice of appeal on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic And Parking Violations Agency District, rendered January 5, 2016.

2016-00923 S CR
: Marano, P.J., Tolbert, Brands, JJ.

Appellate Term, Second Judicial Department

OMEGA GINOBLI PARTNERS, LLC, res, v. ANTHONY OBIE, app, -AND- “JOHN DOE” AND “JANE DOE,” und

2014-1682 K C. OMEGA GINOBLI PARTNERS, LLC, res, v. ANTHONY OBIE, app, -AND- "JOHN DOE" AND "JANE DOE," und — Appeal from an order of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.), entered August 1, 2014. The order denied tenant's motion, in effect, to vacate a warrant in a nonpayment summary proceeding.

2014-1682 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app

2014-2458 Q C. FLORENCE SANFORD, res, v. DELTA AIR LINES, INC., app — Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered September 18, 2014. The order denied defendant's motion for summary judgment.

2014-2458 Q C
: Pesce, P.J., Weston and Aliotta, JJ.

Appellate Term, First Judicial Department

2321 First Avenue v. Rivera, Francisco Carmona Ex-parte applications are declined

570351/16. 2321 First Avenue v. Rivera, Francisco Carmona Ex-parte applications are declined.

570351/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

E 117 Mazal Holdings LLC v. Farrington, Rachel

570349/16. E 117 Mazal Holdings LLC v. Farrington, Rachel

570349/16
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

THE PEOPLE v. IALACCI, JOSEPH

2016-00245 S CR. THE PEOPLE v. IALACCI, JOSEPH — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered December 11, 2015.

2016-00245 S CR
: Iannacci, J.P., Tolbert, Brands, JJ.

Appellate Term, First Judicial Department

JORDANA REIM, plf-res, v. NORMAN BAROTZ, def-app

16-195. JORDANA REIM, plf-res, v. NORMAN BAROTZ, def-app — Judgment (James E. d'Auguste, J.), entered on or about June 27, 2013, affirmed, without costs.

16-195
: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, J.J.

Appellate Term, First Judicial Department

Lenox Hill Hospital v. Borgardus, Peter

570328/16. Lenox Hill Hospital v. Borgardus, Peter

570328/16
: Schoenfeld, J.P., Shulman. Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

RPDG, LLC, app, v. ALEXANDER KURAVSKY AND VALERIA NOVAK, res, -AND- “JOHN DOE” AND “JANE DOE,” und

2014-2668 K C. RPDG, LLC, app, v. ALEXANDER KURAVSKY AND VALERIA NOVAK, res, -AND- "JOHN DOE" AND "JANE DOE," und — Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Kevin C. McClanahan, J.), entered March 10, 2015. The final judgment, entered pursuant to a decision of the same court dated March 4, 2014, after a nonjury trial, dismissed the petition.

2014-2668 K C
: Weston, J.P., Aliotta and Elliot, JJ.

Surrogate's Court, Bronx County

Estate of Linda Labudda

Decree signed; 2012-2722/A -Estate of Linda Labudda; Decree signed; 2010-2669/A -Estate of Natasha Hinton

2012-2722/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Jessie Grigsby

Order signed; 2010-360/A -Estate of Jessie Grigsby; Order signed; 2007-271/G -Estate of Awilda Orta; Order signed; 2015-1336/B -Estate of Ruth Alston; Order signed; 2013-293/A -Estate of Clarence Lewis; Order signed; 2013-626/D -Estate of Linda Lavonda Richburg James; Order signed; 2013-626/C -Estate of Linda Lavonda Richburg James; Decree signed; 269A2005/B -Estate of Galena Laskhoff; Decree signed; 2011-1386/A -Estate of Raymond Sumpf; Decree signed; 2010-1340/A -Estate of Patrick Benizio; Decree signed; 2010-291/A -Estate of Chndrawati Gobardhan; Decree signed; 2013-644/A -Estate of Shirley Ann Swinton; Decree signed; 2012-2850/A -Estate of Carmela Sabarese; Decree signed; 2010-2392/A -Estate of Caesar Kentros; Decree signed; 2008-734/A -Estate of Lilia Rodriquez

2010-360/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Robert Vega Jr

Order signed; 64G2005/A -Estate of Robert Vega Jr; Order signed; 2013-1888/A -Estate of Giana Nicoli Provenzano; Order signed; 185G2004 -Estate of Kayla Ruby Hambright; Order signed; 184G2004 -Estate of Jakiyra Angela Hambright; Order signed; 2015-1509 -Estate of Jalen Amari Crawford; Order signed; 18G2006/A -Estate of Tajanee Latish Richardson; Order signed; 216G2005/B -Estate of Taj-Malik Lanair Richardson; Order signed; 2011-739 -Estate of Kyra Alexis Evelyn; Order signed; 2010-1198 -Estate of Caiden Wade Clayton; Decree signed; 2015-2247 -Guardianship of Cienna Alicia Suazo; Decree signed; 2015-1351 -Guardianship of Ashley Marie Castillo

64G2005/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Joseph Desanto

Order signed; 2015-2879 -Estate of Joseph Desanto; Order signed; 2014-1978 -Estate of Carmela Catalfamo; Order signed; 2014-1845 -Estate of Elizabeth Thompson; Order signed; 2016-543/A -Estate of Adele Martin; Order signed; 2010-602/D -Estate of Joe Lowery; Order signed; 2016-912 -Estate of Edwin Louis Santana; Order signed; 2015-2841 -Estate of Marie Zitt; Order signed; 2016-543/A -Estate of Adele Martin; Order signed; 2015-363 -Estate of William Logue; Order signed; 2016-364 -Estate of Lisa Kaunitz; Order signed; 2016-1017 -Estate of May Fung Chin; Order signed; 379P2002/A -Estate of Herman Leiser; Order signed; 2016-1058 -Estate of Jean Strickland; Order signed; 2016-1026 -Estate of Lawrence Smith; Order signed; 2016-918 -Estate of Isabelle Boone; Order signed; 2015-2758 -Estate of Margaret Morgan; Decree signed; 2015-736 -Estate of Kathleen Kearins; Decree signed; 2016-847 -Estate of Florence Sarafian; Decree signed; 2016-713 -Estate of Lino Spagnoli; Decree signed; 2016-904 -Estate of Martin Field; Decree signed; 2016-593 -Estate of Muriel Bilger; Decree signed; 2016-753 -Estate of Ida Jablon

2015-2879
Surrogate Malave-Gonzalez

Appellate Division, First Department

Credit Suisse Financial v. Reskakis, 651528/13

Panel Rejects Firm's Motion to Dismiss Bank's Suit

651528/13
Before: Mazzarelli, J.P., Moskowitz, Manzanet-Daniels, Gesmer, JJ.

Appellate Division, Second Department

Davila v. City of New York, 7669/06

$5M Excessive Force Verdict Against City Is Overturned

7669/06
Before: Mastro, J.P., Rivera, Austin, Lasalle, JJ.

Appellate Division, Second Department

People v. Michael Johnson, 2352/09

Panel Finds Testimony Did Not Prejudice Suspect

2352/09
Before: Hall, J.P., Sgroi, Cohen, Maltese, JJ.

Appellate Division, Third Department

Matter of Campbell v. Morris, 520784

Panel Upholds Denial of Conjugal Visits to Thrice-Married Inmate

520784
Before: Peters, P.J., Lahtinen, Egan Jr., Devine and Mulvey, JJ.

Appellate Division, Second Department

Congel v. Malfitano, 2013-07052

§69(2)(c) 'Minority Discount' May Be Applied In Deciding Value of Partner's Interest in Mall

2013-07052
Before: Dillon, J.P., Dickerson, Hall, Lasalle, JJ.

Supreme Court, Suffolk County, Commercial Division, Trial Term, Part 44

Aquila v. Rubio, 33561-12

Defendants Fail to Establish Usury, Plaintiff Granted Enforcement of Settlement

33561-12
Justice Elizabeth Emerson

Supreme Court, Bronx County, Part 60

The People v. Vaughn, 1918/13

Court Will Not Permit Testimony Concerning Certification of Operators of Tractor Mower

1918/13
Justice Steven Barrett

Supreme Court, New York County, Part 32

Mora v. Altheim Sunog Realty, 155243/2012

Tenant Not Responsible for Sidewalk Repairs, Granted Dismissal of Personal Injury Claim

155243/2012
Justice Arlene Bluth

Supreme Court, New York County, Part 46

Henderson-Jones v. City of N.Y., 115360/2006

Officer's 'Unreasonable' Lateness Denies Motion to Vacate Default Judgment on Liability

115360/2006
Justice Lucy Billings

Surrogate's Court, New York County

ESTATE OF MARGARET K. KLEIN, Deceased

ESTATE OF MARGARET K. KLEIN, Deceased (14/369/C) — Pending completion of a related proceeding to probate the will of decedent Margaret Klein, her preliminary executor has now sought an advance on commissions pursuant to SCPA 2311, which provides for ex parte relief. On the reasoning of Matter of Kochovos, (132 Misc 2d 577 [Sur Ct, Bronx County 1986]), this court concludes that advance commissions are available to preliminary executors (see also Matter of Feelus, 171 Misc 2d 110 (Sur Ct, Bronx County 1997]). SCPA 2311 provides a mechanism for lessening the income tax burden on fiduciaries occasioned by lump sum commission payments. SCPA 2311(3), however, limits the amount to be advanced to that of possible commissions payable for marshaling and receiving the estate assets (see SCPA 2307), which is all that petitioner seeks here. In light of the representations by petitioner that all estate assets have been marshaled, that all funeral expenses and creditors have been paid, that federal and New York State estate tax returns have been filed, and that fiduciary income tax returns have been filed as required, the court grants the petition. No bond is required pursuant to SCPA 2311(5).

14/369/C
Surrogate Mella

Appellate Term, Second Judicial Department

THE PEOPLE v. ROBBANA, MOEZ

2016-503 Q CR. THE PEOPLE v. ROBBANA, MOEZ — 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 February 3, 2016, as a poor person, and for the assignment of counsel.

2016-503 Q CR
: Pesce, P.J., Aliotta, Solomon, JJ

Appellate Term, Second Judicial Department

AVR CARLE PLACE ASSOC., LLC d/b/a HOMEWOOD CARLE PLACE v. ROSUALMAZON

2015-1662 N C. AVR CARLE PLACE ASSOC., LLC d/b/a HOMEWOOD CARLE PLACE v. ROSUALMAZON — Motion by appellant to enlarge the time to perfect on an appeal from an order of the District Court of Nassau County, First District, entered June 26, 2015.

2015-1662 N C
: Iannacci, J.P., Marano, Tolbert, JJ.

Appellate Term, Second Judicial Department

THE PEOPLE v. SANCHEZ-PONCE, JOSE

2016-527 RI CR. THE PEOPLE v. SANCHEZ-PONCE, JOSE — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered January 29, 2016, as a poor person, and for the assignment of counsel.

2016-527 RI CR
: Pesce, P.J., Aliotta, Solomon, JJ

Surrogate's Court, Richmond County

Henry Stude; Daniel DiMeglio; William Cahill; James Durbin -A; Rosario Giardina; Thomas Byrne-A&B; Anthony Latorre; James Bottiglia; Maria Chillemi; Dorothy Easop; Dorothy Eberhart; Robert Franceschini; Donald Hillis; Carmen Z. Iacobelli; Ethel Lewis; Eileen Sansevero

MATTER OF: Henry Stude; Daniel DiMeglio; William Cahill; James Durbin -A; Rosario Giardina; Thomas Byrne-A&B; Anthony Latorre; James Bottiglia; Maria Chillemi; Dorothy Easop; Dorothy Eberhart; Robert Franceschini; Donald Hillis; Carmen Z. Iacobelli; Ethel Lewis; Eileen Sansevero


Surrogate Gigante

Surrogate's Court, Richmond County

Rachel Ann DePinto; Amanda Dempsey; Christine Gagliano; Lawrence LaMazza; Robert E. Healy; Justin Erling Garpestad; Jiri Velicka

MATTER OF: Rachel Ann DePinto; Amanda Dempsey; Christine Gagliano; Lawrence LaMazza; Robert E. Healy; Justin Erling Garpestad; Jiri Velicka


Surrogate Gigante

Surrogate's Court, Richmond County

Charles Marchese; John Ross; Hortense Cupo; Stuart Regan; Stephen Coletti; Ivan Jozefek; Fabio R. Salas; Edward Harris; Ida Rene; Anna Romano

MATTER OF: Charles Marchese; John Ross; Hortense Cupo; Stuart Regan; Stephen Coletti; Ivan Jozefek; Fabio R. Salas; Edward Harris; Ida Rene; Anna Romano


Surrogate Gigante

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased, (84/2195/I) — At the call of the April 19, 2016 calendar, the court adjourned until June 17, 2016, the return day of the petition of Joy Rosenthal, successor trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie, to have Aaron A. Woodward, III, former guardian of the property of Diane L. Basie, held in contempt for violating a December 9, 2014 order of this court (see SCPA 607).1

84/2195/I
Surrogate Mella