Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,076 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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15
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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37
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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61
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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71
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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73
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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78
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › ad2d › Volume 113 Opinions in ad2d, volume 113
In re Silverblatt Page 1 *2OPINION OF THE COURT Respondent was admitted to the Bar at a term of the Appellate Division, Second Department, in March 1977.… OPINION OF THE COURT On April 15, 1983, petitioners applied for industrial revenue bond financing in the amount of $20 million through respondent.… Hospital Ass'n v. Axelrod Page 9 *10OPINION OF THE COURT In the spring and early summer of 1985, New York’s medical community engaged in a strenuous public campaign for substantive and procedural reform of the State’s medical malpractice liability system.… Morgenthau v. Crane Page 20 OPINION OF THE COURT The underlying criminal case herein arises out of a traffic accident which occurred on March 2, 1984 as a result of which the defendant, James Nuzzi, was arrested and charged with driving while intoxicated and reckless driving.… Elinor Homes Co. v. St. Lawrence Page 25 OPINION OF THE COURT The primary issue on this appeal is whether the Treasurer of the County of Rockland is mandated by the Real Property Tax Law to accept the title owners’ tender of payment of a tax sale certificate acquired by the County of Rockland at a tax sale for unpaid 1979 real property taxes (including… Lindner v. Kew Realty Co. Page 36 *37OPINION OF THE COURT We are called upon on this appeal to review the propriety of Special Term’s denial of a cross motion by the defendants third-party plaintiffs (hereinafter the defendants) to amend their answer to include the affirmative defense of workers’ compensation, and for dismissal of the amended… *50OPINION OF THE COURT On December 14, 1984, New York County Grand Jury subpoenas duces tecum were issued by the office of the Deputy Attorney-General for Medicaid Fraud Control to petitioners X and Y, both psychiatrists who practice on the Lower East Side of Manhattan, and both Medicaid providers.… In re Stadtman Page 57 OPINION OF THE COURT The respondent was admitted to practice by this court on October 20, 1971, under the name of Scott Daniel Stadtman.… Pioli v. Town of Kirkwood Page 59 OPINION OF THE COURT On July 11, 1981, plaintiff was riding as a passenger in a vehicle proceeding northwest on Francis Street in the defendant Town of Kirkwood, Broome County.… OPINION OF THE COURT Petitioners own and operate a sand and gravel mining business on ca large parcel of land in the Town of Smithtown (Smithtown), Suffolk County.… Biddlecom v. Biddlecom Page 66 OPINION OF THE COURT This appeal requires us to decide whether certain benefits received as a consequence of early retirement following a divorce are subject to equitable distribution.… In re Blaney Page 72 OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division, Fourth Department, on July 15, 1969 and, at all times mentioned herein, maintained an office for the practice of law in Utica, New York.… In re Hahn Page 74 OPINION OF THE COURT Respondent, an attorney admitted to practice by order of the Appellate Division, Third Judicial Department, on December 10, 1969, has a private practice in Utica, New York.… People v. Viscomi Page 76 I respectfully dissent. The facts supporting the applications for the eavesdropping warrants were sufficient to show that "normal investigative procedures * * * reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ”.… People v. Seifert Page 80 OPINION OF THE COURT On the morning of February 13, 1984, a car belonging to Mark Seifert, defendant’s brother, was found burning on a dirt road in á heavily wooded area of Cattaraugus County.… In re New York News, Inc. Page 87 OPINION OF THE COURT On October 22, 1985, Catherine Costello, a 22-year-old accountant, was shoved into the path of an oncoming subway train in Manhattan.… In re New York News, Inc. Page 92 OPINION OF THE COURT At bar are the applications of the New York Times and the Daily News for an order, pursuant to Judiciary Law § 90 (10), directing the disclosure of all records in the disciplinary proceeding pending before this court against Roy M.… OPINION OF THE COURT Plaintiff entered into a contract with defendant in August 1976 whereunder plaintiff was to perform heating, air-conditioning and ventilation work at the Downstate Reception Center in the Town of Fishkill, Dutchess County.… People v. Arnold Page 101 OPINION OF THE COURT On February 8, 1982 defendant confessed to the Buffalo police that he had stabbed Susan Mostilla, who died as the result of four stab wounds in the vicinity of her heart.… OPINION OF THE COURT In this action plaintiff seeks a declaration that the defendant CNA Insurance Companies is required to provide defense and indemnification under a commercial umbrella liability policy in an action for personal injuries resulting from an alleged negligent and illegal sale of intoxicating beverages… People ex rel. Ryan v. Warden Page 116 OPINION OF THE COURT Petitioner Ingram was arrested in New York County on March 10, 1985, and arraigned in New York Criminal Court the next day charged, inter alia, with assault in the second degree.… Hodes v. State Page 121 OPINION OF THE COURT In November of 1976, claimants, owners and operators of Franklin Park Nursing Home located in Nassau County, were indicted and charged with Medicaid fraud.… deBrossard v. Van Norden Page 123 OPINION OF THE COURT This is an appeal from the grant of summary judgment dismissing the complaint.… Nicastro v. Park Page 129 OPINION OF THE COURT Resolution of these appeals involves the proper standard to be applied by a trial court in deciding a motion to set aside a jury verdict as contrary to the weight of the evidence.… OPINION OF THE COURT Petitioner installs, sells, operates and maintains burglar and fire alarm systems.… Laiosa v. Camelot AMC/Jeep, Ltd. Page 145 OPINION OF THE COURT Plaintiffs purchased a new 1983 Renault Alliance from defendant Camelot AMC/Jeep, Ltd. (hereinafter Camelot) on November 23, 1982.… OPINION OF THE COURT In September 1970, plaintiff, a physician with a specialty in the field of nephrology, became associated with defendant Mary Imogene Bassett Hospital (Bassett Hospital) in the Village of Cooperstown, Otsego County.… People v. Knapp Page 154 OPINION OF THE COURT Defendant was indicted in January of 1978 and charged with two counts of second degree murder based on the death of Linda Jill Velzy, an 18-year-old co-ed attending the State University College at Oneonta.… OPINION OF THE COURT Defendants Bonded Concrete, Inc., and Troy Sand and Gravel Company, Inc. (hereinafter defendants), operate a gravel pit in the Town of Rotterdam, Schenectady County.… Schwartzberg v. Mongiardo Page 172 OPINION OF THE COURT This defamation action emanates from a statement made during the course of an informal administrative meeting.… Carter v. Travelers Insurance Page 178 OPINION OF THE COURT On March 16, 1981, Henry Smith was injured when he was struck by a vehicle in a parking lot on the premises of the *179Medical Society of the County of Kings.… Kaplan v. Reuss Page 184 OPINION OF THE COURT Plaintiff is an attorney who has asserted a charging lien which he seeks to enforce against the proceeds of an insurance policy on the life of Archimedes Cervera.… W. T. Wang, Inc. v. State Page 189 OPINION OF THE COURT Petitioner publishes The World Journal, a daily newspaper *190circulated in New York City.… OPINION OF THE COURT Plaintiff Benjamin Sanabria was involved in an automobile accident in the Village of Monticello, Sullivan County, in October of 1974, as a result of which he was arrested by police officers employed by the village.… Burke's Auto Body, Inc. v. Ameruso Page 198 OPINION OF THE COURT Petitioner had submitted a bid on contract T83-142/AT, to perform emergency tow and repair service on the Bruckner Expressway from Balcom Avenue to the New England Thru*199way, New England Thruway from Pelham Parkway to the city line and the Throggs Neck Expressway from the Cross-Bronx Expressway… Mendelson v. Transport of New Jersey Page 202 OPINION OF THE COURT The instant appeal involves the right of a social services official to recover from a recipient of public assistance the cost of such assistance received by the recipient and his wife and minor children, pursuant to an assignment of the proceeds of a settlement of the recipient’s personal injury… In re Math Page 212 OPINION OF THE COURT The respondent was admitted to practice as an attorney by the Appellate Division, First Judicial Department, on July 8, 1971.… In re Pesner Page 214 OPINION OF THE COURT Respondent was admitted to practice by this court on October 23,1935.… In re Pesner Page 215 OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division, First Judicial Department, on December 23, 1968 under the name of David Ian Pesner.… Capital Newspapers v. Whalen Page 217 OPINION OF THE COURT The late Erastus Corning, II, was Mayor of the City of Albany for some 42 years until his death in 1983.… OPINION OF THE COURT The question on this appeal is whether the employment of a probationary police officer may be terminated at the end of the probationary term because the appointing officer has a good-faith basis for believing that the officer has "deep-seated emotional problems * * * and an inability to deal with… Gilbert v. Dean Page 235 OPINION OF THE COURT In August 1982, plaintiff commenced this action to foreclose a first mortgage given by defendants Lewis L.… Oliver v. County of Broome Page 239 *240OPINION OF THE COURT In July 1976, petitioner was appointed a Deputy Sheriff for respondent County of Broome (County).… Myers v. Key Bank Page 244 OPINION OF THE COURT On March 13, 1981, Dolores Clark (hereinafter Clark), as administratrix of the estate of Robert Clark (hereinafter decedent), recorded a deed executed by decedent in November of 1978 purporting to convey the Sleepy Hollow Apartment complex in Greene County (hereinafter the property) to herself.… In re Siwulec Page 250 *251OPINION OF THE COURT Petitioner, the Departmental Disciplinary Committee (DDC), and respondent move for an order confirming a Referee’s report and suspending respondent from practice for a period of three years from August 29,1984.… In re Walker Page 254 OPINION OF THE COURT The Departmental Disciplinary Committee has moved to *255confirm findings of fact and conclusions of law of a hearing panel, which recommended that respondent be disbarred.… People v. Leonard Page 258 *259OPINION OF THE COURT We conclude, reluctantly, that a reversal of the judgment of conviction is warranted in this case on constraint of People v Bartolomeo (53 NY2d 225) and People v Rogers (48 NY2d 167).… Grivas v. Grivas Page 264 OPINION OF THE COURT On May 9, 1981, the infant plaintiff (who was approximately 2 Vi years old) and her younger brother were playing with a ball in the backyard of their parents’ house.… Gilchrist v. City of Troy Page 271 OPINION OF THE COURT Appeals from an order of the Supreme Court at Special Term (Hughes, J.), entered December 31, 1984 in Rensselaer County, which denied the motions of defendant and third-party defendant architects seeking summary judgment dismissing the complaint and third-party complaint.… OPINION OF THE COURT On September 9, 1977, plaintiff Milla H.… Reidy v. Thomas ZZ. Page 281 OPINION OF THE COURT In 1975, Patricia YY., in a privately presented paternity petition charged respondent with being the father of a child born to her on May 18 of that year.… OPINION OF THE COURT This interpleader action was brought by an insurer and its agents for a judgment declaring defendants’ entitlement to present and future insurance commissions.… People v. Dowdell Page 292 OPINION OF THE COURT The People appeal from Trial Term’s grant of a motion to set aside a guilty verdict, and the consequent dismissal of the indictment.… Price v. Price Page 299 *301OPINION OF THE COURT The instant appeals present an issue which has been the subject of considerable debate, to wit, under what circumstances and to what extent will a nontitled spouse be entitled to share in the appreciation in value of separate property which appreciation occurred from the inception of the… People v. Grant Page 311 OPINION OF THE COURT The instant appeal, in which defendant challenges his conviction for robbery in the second degree and other related offenses, presents for our consideration the issue of whether the admission into evidence of statements made by the robbery victim, who did not testify at the defendant’s trial… OPINION OF THE COURT In this declaratory judgment action the court is once again required to address the often knotty question as to whether a policy providing excess insurance comes within an exception to the general rule that "where there are multiple policies covering the same risk, and each generally purports to… Goldman, Sachs & Co. v. Michael Page 326 OPINION OF THE COURT Petitioner Goldman, Sachs & Co. (Goldman-Sachs) seeks an order annulling respondent’s final determination which assessed it $120,784.88 under the New York City real property transfer tax law (Administrative Code of City of New York, ch 46, tit II).… OPINION OF THE COURT Respondent-appellant New York State Division of Housing and Community Renewal, as successor to the New York City Conciliation and Appeals Board (CAB), appeals from a judgment of the Supreme Court, New York County, granting a petition brought pursuant to CPLR article 78 to the extent of annulling… People v. Rodriguez Page 337 OPINION OF THE COURT The question presented by this appeal is whether defendant’s conviction for criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) must be set aside on the basis that the prosecution failed to affirmatively prove that the illegal possession of a weapon did not take place in… In re McKeller Page 349 *350OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, First Judicial Department, on June 29, 1964 under the name of Marvin McKeller.… In re Lawton Page 351 OPINION OF THE COURT The respondent was admitted to practice by this court on October 17, 1956 under the name Robert Joseph Lawton.… Stilsing Electric, Inc. v. Joyce Page 353 OPINION OF THE COURT Plaintiff, a corporation which is engaged in electrical contracting work and which employs nonunion employees, has an apprenticeship training program registered with the State Department of Labor (DOL) (see, Labor Law art 23; 12 NYCRR 600.1-600.19, 601.1-601.14).… Connell v. Town Board Page 359 OPINION OF THE COURT In December 1982, petitions were presented to the Town Boards of the Town of Jay and the Town of Wilmington in Essex County which proposed that approximately 5,000 acres of land, known as Ausable Acres and located in the Town of Jay, be annexed to the Town of Wilmington.… In re Fritz Page 366 *367OPINION OF THE COURT Respondent was admitted to practice by this court on September 12, 1977.… Westledge Nursing Home v. Axelrod Page 368 OPINION OF THE COURT Petitioner is a licensed residential health care facility (Public Health Law art 28) participating in the Medicaid program, obtaining reimbursement for services to patients eligible for Medicaid benefits at rates established by respondent Commissioner of Health (hereinafter Commissioner).… Gribetz v. Evans Page 376 OPINION OF THE COURT The primary issue presented by this appeal is whether Judiciary Law § 39 obligates the State of New York to fully reimburse the County of Rockland for all costs incurred by the county for security measures taken in connection with several criminal actions commonly and collectively referred to as… Leonard Smith, Inc. v. Lynch Page 387 OPINION OF THE COURT Pursuant to plaintiffs’ written instructions concerning an investment account, defendant Merrill Lynch, Pierce, Fenner and Smith (Merrill Lynch) issued a check drawn on its account with defendant Chase Manhattan Bank, N.… OPINION OF THE COURT During 1968, at a time when there was a general business decline and unemployment was rising in the State, the Legislature passed and the Governor signed into law Commerce Law former article 4-A, which brought into being the New York State Job Incentive Board (Board) (L 1968, ch 1054).… Woodruff v. Castaldo Page 403 OPINION OF THE COURT Plaintiffs, as tenants under a long-term lease which provided for the completion of construction of a nursing home, seek to recover damages arising from an alleged breach of the construction provisions of the lease agreement.… *413OPINION OF THE COURT This appeal presents two questions concerning the liability imposed by Labor Law §§240 and 241: (1) is an owner and lessor of property who does not hire or control the contractor responsible under the statutes to a worker injured as a result of unsafe conditions at the construction site; and… People v. Comfort Page 420 OPINION OF THE COURT On the night of December 5, 1980 the defendant Joseph Comfort shot to death undercover New York State Police Investigator Robert Van Hall and grievously wounded his partner, William Gorenflo.… People v. Comfort Page 430 OPINION OF THE COURT The conviction of defendant Joseph Comfort of second degree murder should be affirmed.… OPINION OF THE COURT Does the duty of an insurance agency to perform an agreement with its client to provide adequate motor vehicle liability coverage extend to a member of the public who is injured as the result of the negligence of the driver of the client’s uninsured vehicle?… OPINION OF THE COURT The Commissioner of the Department of Environmental Conservation (DEC) challenges an order of Supreme Court which approved a plan submitted by a court-appointed receiver for closure of a landfill operated by the Onondaga Landfill Systems, Inc. (OLSI), but deleted a provision which DEC had made a… People v. Walker Page 448 OPINION OF THE COURT This appeal concerns a motion to dismiss an indictment upon the ground that defendant was not brought to trial within the 180-day period mandated by the Interstate Agreement on Detainers (CPL 580.20 [III] [a]; hereafter IAD).… People v. Whitted Page 454 OPINION OF THE COURT Defendant was convicted of the December 9, 1977 gunpoint robbery of a grocery store.… People v. Tabarez Page 461 OPINION OF THE COURT Defendant was convicted, following a jury trial, of attempted murder in the first degree, robbery in the first degree and criminal possession of a weapon in the third degree.… People v. Lopez Page 475 OPINION OF THE COURT Defendant was originally charged by a Queens County Grand Jury with one count of murder in the second degree, two counts of criminal use of a firearm in the second degree and criminal possession of a weapon in the second degree emanating from the shooting of Edward Necci with a handgun on May 19… Victor v. Turner Page 490 OPINION OF THE COURT In this action to recover under a fire insurance policy, the question on appeal is whether, in the absence of nonrenewal, a notice of cancellation for nonpayment of premium is required to terminate coverage for the renewal term of a policy protected by Insurance Law § 167-a (now § 3425).… In re Gray Page 500 OPINION OF THE COURT The respondent was admitted to practice by this court on November 14,1979.… Cover v. Cohen Page 502 OPINION OF THE COURT In the instant tort action, the jury found in favor of the plaintiffs and against the defendants General Motors Corporation (General Motors), Kinney Motors Inc. (Kinney) and Cohen on the issue of liability, apportioned fault between the defendants and fixed plaintiffs’ damages.… People v. Hodges Page 514 *515OPINION OF THE COURT Should a defendant who purchases contraband be entitled to assert a claim of right defense (Penal Law § 155.15 [1]) to a robbery charge when he allegedly used force to recover money spent in the purchase?… OPINION OF THE COURT At issue on this appeal is whether the circumstantial evidence adduced at trial was sufficient to establish a prima facie case of negligence as against defendant Rapid Industrial Plastics Co., Inc., under the doctrine of res ipsa loquitur ("the thing speaks for itself’).… Crandall v. Lingener Page 529 *531OPINION OF THE COURT Plaintiffs husband was killed when he was struck by an automobile driven by defendant Darius J.… OPINION OF THE COURT Petitioner is a 120-bed skilled nursing facility in Oswego County.… Knapton v. Kitchin Page 540 OPINION OF THE COURT The facts are undisputed.… People v. Bauer Page 543 OPINION OF THE COURT On this appeal, the principal issue dividing this court concerns the sufficiency of the evidence of the defendant’s guilt of robbery in the first degree.… Russo v. Rifkin Page 570 OPINION OF THE COURT The question here is whether in an action involving comparative fault there must be a new trial because the appellant’s request for a special verdict was rejected by the trial court with the result that a general verdict simply stating a sum of money was rendered in favor of the plaintiff.… OPINION OF THE COURT Resolution of this appeal turns on the admissibility of certain opinion testimony as to the credibility of the plaintiff in a medical malpractice action in which there was no direct attack on plaintiffs character relating to veracity.… Tarter v. State Page 587 OPINION OF THE COURT On March 16, 1984, 46-year-old Myrna Tarter, a receptionist in a midtown Manhattan law firm, was shot by Michael Montgomery in the vestibule of her apartment building at 434 East 89th Street.… OPINION OF THE COURT In this action we are called upon to determine whether the tax on gross receipts from sales of petroleum imposed by Tax Law article 13-A may be passed along to the purchaser, where the purchaser is the State or one of its political subdivisions.… Cahill v. Public Service Commission Page 603 OPINION OF THE COURT Petitioner is a customer of both respondent New York Telephone Company and intervenor Central Hudson Gas and Electric Corporation.… OPINION OF THE COURT At issue on this appeal is the validity of a subpoena duces tecum issued on behalf of respondent, the Temporary State Commission on Lobbying, for the production of certain records by petitioner Goverl Consulting Corporation (hereinafter petitioner), a lobbyist which refused to cooperate with… Willoughby Nursing Home v. Axelrod Page 617 OPINION OF THE COURT Petitioner operates a skilled nursing home facility in Kings County subject to Medicaid reimbursement rate regulation by respondent.… Greco Bros. Amusement Co. v. Chu Page 622 OPINION OF THE COURT Petitioner’s business includes the sale and distribution of food and cigarette vending machines and coin-operated amusement devices, and, in addition, the operation of its own vending route consisting of approximately 60 to 70 of the same types of machines at various locations.… People v. Bronston Page 627 OPINION OF THE COURT The People appeal from an order which granted defendant’s motion to suppress a loaded .38 caliber revolver taken from defendant’s waistband.… People v. Westergard Page 640 OPINION OF THE COURT In the early morning hours of January 24, 1983, three business establishments along Raymond Avenue in Poughkeepsie were burglarized.… In re Gardiner Page 651 OPINION OF THE COURT These appeals are concerned with the right of respondent Olney Mairs Gardiner to inherit the corpus of a testamentary trust created by the will of Jonathan T.… People v. Cornelius Page 666 OPINION OF THE COURT This is another case arising out of police-citizen encounters in which the duty of the police to make the streets reasonably safe for us all must be balanced against the indisputable right of the individual to be free from arbitrary and unwarranted police intrusion, which is one of the… Donegan v. Nadell Page 676 OPINION OF THE COURT Although petitioner Donegan’s situation appeals to our sense of equity, we agree with Special Term that it was not arbitrary and capricious for the Classification Review Board to have found that "the comparison of the former title specification for Court Assistant II with the new title standard… OPINION OF THE COURT Susan K. Deri, the tenant of record of a rent-stabilized apartment at 235 West 72nd Street in Manhattan under a lease that was not to expire until September 30, 1985, died on February 16, 1983.… Judgment of the Supreme Court, New York County (David O.… Order, Supreme Court, New York County (Ascione, J.), entered December 13, 1983 modified, on the law, without costs, to grant defendants’ motion for partial summary judgment *708dismissing the extra work portions of plaintiff’s first, fourth, fifth and sixth causes of action (claims 9, 10, 11 and 12), and otherwise… Order of the Supreme Court, New York County (John Bradley, J.), entered January 28, 1985, which granted defendants-respondents-appellants’ cross motion for summary judgment dismissing the complaint without prejudice, for lack of subject matter jurisdiction, is unanimously modified on the law, to the extent of granting… People v. Green Page 713 Judgment of the Supreme Court, New York County (Blyn, J.), rendered February 6, 1980, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him as a second violent felony offender to an indeterminate term of 4 to 8 years, is modified, on the law and facts, to… People v. Yacovelli Page 718 Judgment, Supreme Court, New York County (Rothwax, J., denying defendant’s motion to dismiss indictment; Goodman, J., at jury trial), rendered October 10, 1984, convicting defendant of criminal contempt in the first degree and sentencing him to a term of imprisonment for six months plus a $500 fine—the sentence was… Order, Supreme Court, New York County (Arthur Blyn, J.), entered on April 5, 1985, unanimously affirmed.… People v. Cruz Page 719 Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered on September 30, 1983, unanimously affirmed.… People v. Rodriguez Page 719 Judgment, Supreme Court, New York County (Jeffrey Atlas, J., at trial and sentence; Thomas Galligan, J., at suppression hearing), rendered on October 15, 1982, unanimously affirmed.… CBS, Inc. v. Taylor Page 719 Order and judgment (one paper), Supreme Court, New York County (Arthur Blyn, J.), entered on March 12, 1985, unanimously affirmed for the reasons stated by Arthur Blyn, J., at Special Term.… People v. Martin Page 719 Appeal from judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on September 9, 1981, held in abeyance pending receipt of appellant’s pro se brief on or before November 11,1985, and *720respondent’s reply brief on or before November 28, 1985.… People v. Williams Page 720 Judgment, Supreme Court, Bronx County (Carmen Ciparick, J.), rendered on October 12, 1982, unanimously affirmed.… People v. Sanchez Page 720 Judgment, Supreme Court, New York County (Beatrice Shainswit, J.… People v. Williams Page 720 Judgment, Supreme Court, Bronx County (Eugene Nardelli, J.), rendered on October 31, 1983, unanimously affirmed.… People v. Fisher Page 720 Judgment, Supreme Court, New York County (Manuel Gomez, J.), rendered on September 9, 1982, unanimously affirmed.… Zeus Components, Inc. v. Lessis Page 720 Order, Supreme Court, New York County (Elliot Wilk, J.), entered on March 28, 1985, unanimously affirmed for the reasons stated by Elliot Wilk, J., at Special Term.… People v. McGee Page 721 Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on August 10, 1983, unanimously affirmed.… People v. Lestishock Page 721 Judgment rendered April *72221, 1983 in Supreme Court, New York County (Robert M.… People v. Ferrer Page 721 Judgment, Supreme Court, Bronx County (Barry Salman, J.), rendered on March 1, 1983, unanimously affirmed.… People v. Huber Page 721 Judgment, Supreme Court, New York County (Ernst Rosenberger, J.), rendered on September 4, 1984, unanimously affirmed.… People v. Rosa Page 722 Motion granted to the extent of amending the decretal paragraph of the order of this court entered on May 30, 1985 [108 AD2d 531] and the last sentence of the opinion accompanying said order by deleting the last nine words thereof in each and inserting, in place thereof, the following: "and the indictment, except as… Dowlitt v. City of New York Page 722 Order, Supreme Court, New York County (Helen Freedman, J.), entered August 16, 1984, granting plaintiffs motion to strike the answers of defendants-appellants City of New York and N.Y.C.… People v. Porter Page 723 Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered on December 16, 1982, unanimously affirmed.… People v. Steck Page 723 Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on January 20, 1984, unanimously affirmed.… People v. McLaughlin Page 724 Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on January 20, 1984, unanimously affirmed.… In re Perry Page 724 Motion granted and respondent will be reinstated as an attorney and counselor-at-law in the State of New York upon furnishing to this court proof of the successful completion of a recognized Bar review course, and upon taking the appropriate oath.… Foster v. Winston Personnel Agency Page 724 Motion, insofar as it seeks leave to appeal to the Court of Appeals, denied, and insofar as it seeks reargument granted and upon reargument the order of this court entered on April 30, 1985 [110 AD2d 1094] is recalled and resettled to add to the preamble paragraph: "and the further ground of failure to state a cause… People v. Derkins Page 725 Judgment, Supreme Court, New York County (James Leif, J.), rendered on August 16, 1983, unanimously affirmed.… In re Kaufman Page 725 Motion for reinstatement denied. Concur—Murphy, P.… Bashan v. Bashan Page 725 Order, Supreme Court, New York County (Alvin Klein, J.), entered on May 1, 1984, unanimously affirmed for the reasons stated by Alvin Klein, J., at Trial Term, without costs and without disbursements.… Lieberman v. Auerbach Page 725 —Order, Supreme Court, New York County (George Bundy Smith, J.), entered on June 5, 1984, and judgment of said court entered on June 19, 1984, unanimously affirmed.… People v. Toledo Page 725 Judgment, Supreme Court, Bronx County (David Levy, J.), rendered on November 17, 1983, unanimously affirmed.… People v. Denegal Page 726 Judgment, Supreme Court, New York County (Shirley Levittan, J.), rendered on September 15, 1983, unanimously affirmed.… Morgenthau v. Roberts Page 726 Upon remittitur from the Court of Appeals, proceeding converted into an action for declaratory judgment, and judgment granted declaring that the Supreme Court had no authority to dismiss the felony complaint.… People v. Hernandez Page 726 Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered on May 22, 1984, unanimously affirmed.… People v. Hailstock Page 727 Judgment, Supreme Court, Bronx County (John Collins, J.), rendered on June 21, 1984, unanimously affirmed.… People v. Cush Page 727 Judgment, Supreme Court, New York County (Luis Neco, J.), rendered on March 19, 1984, unanimously affirmed.… People v. Jamerson Page 727 Upon the court’s own motion, the supplemental brief deemed as a motion for reargument, and upon reargument, the court adheres to its original determination of June 18, 1985 [111 AD2d 658], affirming the *728judgment.… Grand White Realty Corp. v. Berman Page 727 Motion granted to the extent of modifying (1) the order of this court (appeal No. 2261) entered on April 23, 1985 by deleting the period after the word “denied” in the last paragraph of said order, inserting a comma, and adding the following: “without prejudice to a motion for summary judgment pursuant to CPLR 3212 on… Order and judgment (one paper), Supreme Court, New York County (David Saxe, J.), entered on June 1, 1984, unanimously affirmed for the reasons stated by David Saxe, J., at Special Term, without costs and without disbursements.… Allstate Insurance v. White Page 728 In an action for a judgment declaring the rights of the parties under a policy of automobile insurance, plaintiff insurer appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered December 14, 1983, which, upon a jury verdict, inter alia, declared that the plaintiff was obligated to indemnify… Ascher v. F. Garafolo Electric Co. Page 728 In an action to recover damages for personal injuries, etc., the defendant F.… Baiano v. Squires Page 732 In a proceeding pursuant to Workers’ Compensation Law § 29 (5) to obtain judicial approval of a previously agreed-to compromise and settlement of a personal injury action, the Liberty Mutual Insurance Company appeals from so much of an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered May 22… Chase Manhattan Bank v. Carlson Page 734 In an action to recover moneys alleged to be due and owing under a consumer credit agreement, plaintiff appeals from an order of the Supreme Court, Westchester County (Stolarik, J.), entered December 20, 1983, which granted respondent’s motion to vacate a default judgment entered against her.… Cumming v. Cumming Page 735 In a matrimonial action, defendant husband appeals from an order of the Supreme Court, Westchester County (Jiudice, J.), dated August 29, 1984, which denied his motion pursuant to CPLR 5015 (a) to vacate a default judgment of that same court dated March 2, 1984 which, inter alia, awarded plaintiff wife the sum of… Gee v. Gee Page 736 In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Geiler, J.), dated February 8, 1984, which granted defendant Arnold Buick’s motion for summary judgment dismissing the action insofar as it is asserted against it.… In an action, inter alia, to declare that defendant Joel Siegel unlawfully occupied an apartment in plaintiffs Federally insured cooperative housing project, defendant appeals from a judgment of the Supreme Court, Kings County (Vaccaro, J.), dated November 9, 1983, which, after a nonjury trial, inter alia, declared… In an action for a declaratory judgment, defendants appeal from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered November 1, 1983, which declared that Nassau County Ordinance No. 229-80, and a $15,000 penalty imposed thereunder, were invalid, and that defendants were estopped by their own conduct… Marks v. Marks Page 744 In an action, inter alia, to recover damages for abuse of process and prima facie tort, defendant appeals from an order of the Supreme Court, Nassau County (Kelly, J.), dated January 12, 1984, which denied her motion to dismiss the complaint.… Melone v. Melone Page 745 In a matrimonial action, the plaintiff husband appeals from so much of a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated December 5, 1983, as awarded the defendant wife counsel fees in the amount of $7,500.… In an action for specific performance of a purchase option contained in a lease, plaintiff tenant appeals from (1) a judgment of the Supreme Court, Nassau County (Kutner, J.), entered May 9, 1984, which, inter alia, directed it to vacate the premises in question, (2) an order of the same court, entered October 9… Sharaby v. Gamel Page 748 In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Lodato, J.), dated April 4, 1984, as denied their cross motion for leave to amend the complaint to include additional causes of action based upon alleged violations of… Wood v. Wood Page 749 In a matrimonial action, defendant husband appeals from so much of an order of the Supreme Court, Suffolk County (Geiler, J.), dated November 28, 1983, as granted plaintiff wife’s cross motion for reargument of an earlier application for counsel fees pendente lite, which was granted, in part, and upon reargument… Firestone v. Saxton Products, Inc. Page 750 In a proceeding to discover property of the decedent pursuant to SCPA 2103, the appeal is from an order of the Surrogate’s Court, Rockland County (Brewster, S.), dated May 17, 1983, which denied appellant’s motion to dismiss the petition as time barred.… Hernandez v. Collura Page 750 Appeal from so much of an order of the Family Court, Kings County (Gartenstein, J.), dated July 12, 1985, which awarded custody of the parties’ child to the father subject to a prior pendente lite custody order granted by the Superior Court of Connecticut.… In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents Downstate Medical Center of the State University of New York (Downstate) and Kings County Hospital Center (KCHC) to reinstate petitioner to a position as director of the Joint Respiratory and Surgical Intensive Care Unit at Downstate and… Proceeding pursuant to CPLR article 78 to review a determination of responent Division of Housing and Community Renewal of the State of New York, issued June 17, 1982, that petitioner had willfully overcharged a tenant and directed petitioner to pay to the tenant a penalty equal to three times the overcharge.… In proceedings pursuant to Real Property Tax Law article 7 to review assessments (for purposes of taxation) on certain real property, and on electric transmission lines and equipment taxed as real property under Real Property Tax Law § 102 (12), owned by petitioner in the Town of Ramapo, petitioner appeals from a… Parker v. Port Authority Page 763 In an action, inter alia, to recover damages for assault, false arrest, and malicious prosecution, defendants the Port Authority of New York and New Jersey (Port Authority) and Police Officer Edward Nowakowski appeal, as limited by their briefs, from so much of an order of the Supreme Court, Queens County (Cohen, J.)… People v. Crawford Page 771 Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County (Lentol, J.), each rendered June 22, 1979, convicting them of murder in the second degree (two counts), robbery in the first degree, and burglary in the first degree, upon jury verdicts, and imposing sentences.… People v. Khan Page 773 Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered May 18, 1981, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.… People v. Papile Page 776 Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered February 14, 1983, convicting him of robbery in the first degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.… People v. Seruya Page 777 Appeal by defendant from a judgment of the Supreme Court, Westchester County (Dela*778ney, J.), rendered March 2, 1984, convicting him of robbery in the first degree (four counts), robbery in the second degree (two counts), criminal use of a firearm in the first degree (four counts), criminal use of a firearm in the… Conforti v. Lefever Page 779 In a proceeding to invalidate a petition for an opportunity to ballot in the Conservative Party primary elec*780tion to be held on September 10, 1985 for Rockland County Legislator from the Town of Stony Point, the appeal is from a judgment of the Supreme Court, Rockland County (Donovan, J.), dated August 2, 1985… Dusanenko v. Lefever Page 781 Judgment of the Supreme Court, Rockland County (Donovan, J.), dated August 29, 1985, affirmed, without costs or disbursements.… In a personal injury action, defendant Craig Lally, an infant, by his father, Lawrence Lally, appeals from an order of the Supreme Court, Nassau County (Kelly, J.), dated November 23, 1983, which granted plaintiffs’ motion pursuant to CPLR 325 (b) to remove the action from the District Court to the Supreme Court and… Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated May 21, 1985, which adopted the findings of an administrative law judge made after a hearing, and imposed a $1,000 bond claim, revoked the on-premises liquor license of the petitioner Edto Foods… In an action brought by motion pursuant to CPLR 3213 for summary judgment in lieu of a complaint to recover on a promissory note, plaintiff appeals from an order of the Supreme Court, Richmond County (Sullivan, J.), dated March 5, 1984, which denied the motion for summary judgment in lieu of complaint.… Ralph C. Sutro Co. v. Valenzuela Page 793 In an action to foreclose a mortgage, defendants appeal from an order of the Supreme Court, Queens County (Goldstein, J.), dated November 21, 1983, which, after a hearing, denied their motion to vacate a judgment of foreclosure, entered upon their default, and to set aside a referee’s sale of the mortgaged property to… Burke v. Colabella Page 794 Proceeding pursuant to CPLR article 78 to review a determination of the County Court, West-*795Chester County (Colabella, J.), dated June 17, 1983, which revoked petitioner’s pistol permit and amended pistol permit.… In consolidated proceedings pursuant to Real Property Tax Law article 7 to review assessments made on certain real property for the tax years 1976 to 1980 inclusive, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McGinity, J.), entered July 6, 1983, which confirmed the assessments and… In an eminent domain proceeding, the petitioner condemnor appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), entered November 14, 1983, which awarded claimant the principal sum of $42,573.… In re Mintz Page 803 In a proceeding pursuant to Business Corporation Law § 1104-a to dissolve the Astoria Holding Corp. (Astoria) and for the appointment of a receiver pursuant to Business Corporation Law § 1113, petitioner appeals from a judgment of the Supreme Court, Kings County (Monteleone, J.), dated February 3, 1984, which… Whittaker v. Feldman Page 809 In proceedings pursuant to Family Court Act, article 4 (1) the parties cross-appeal from an order of the Family Court, Nassau County (Cohen, J.), entered November 29, 1984, which, inter alia, granted the mother’s application for an upward modification of an existing judgment and increased the father’s child support… People v. Brown Page 812 Appeal by the People from an order of the Supreme Court, Kings County (Lodato, J.), dated August 2, 1983, which granted that branch of defendant’s motion which sought dismissal of the indictment on the ground that he was denied a speedy trial (CPL 30.30).… People v. O'Donnell Page 814 Appeal by defendant, as limited by his motion, from a resentence of the Supreme Court, Suffolk County (Mclnerney, J.), imposed October 29, 1984, upon his conviction of grand larceny in the second degree, upon his plea of guilty, the resentence being an indeterminate term of imprisonment of from IV2 to 4Vi years.… People v. Porter Page 814 Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered August 27, 1981, as amended on November 9, 1983, convicting him of criminal possession of a controlled substance in the second degree, criminal sale of a controlled substance in the third degree, criminal possession of a… People v. Sciascia Page 816 Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered December 9, 1982, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.… People v. Suvill Page 816 Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered December 15, 1982, convicting him of robbery in the second degree, upon a jury verdict, after a trial in absentia, and imposing sentence.… Colin v. Colin Page 817 In an action for divorce, plaintiff husband appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered July 23, 1984, as granted those branches of defendant wife’s motion as sought pendente lite relief of $700 per week… In an action to recover damages for personal injuries, defendant and third-party plaintiff Happy Tumbler Wash-O-*819Mat, Inc. (hereinafter Happy Tumbler) appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Molloy, J.), dated March 26, 1984, as denied as moot its motion for… Grieshaber v. City of New Rochelle Page 821 In an action to recover damages for personal injuries, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered February 3, 1984, as denied his motion for summary judgment against defendants County of Westchester and John T.… Groner v. Groner Page 822 Order of the Supreme Court, Dutchess County, dated December 14, 1984, affirmed, without costs or disbursements, for reasons stated by Justice Beisner at Special Term.… In a negligence action to recover damages for personal injuries, etc., (1) the parties cross-appeal from an order of the Supreme Court, Queens County (Leviss, J.), dated October 31, 1983, which granted plaintiffs’ motion pursuant to CPLR 3126 to strike defendant’s answer or, alternatively, to resolve the issue of… Groner v. Groner Page 822 In an action for divorce, plaintiff husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Dutchess County (Benson, J.), entered December 5, 1983, which, inter alia, granted defendant wife sole custody of the parties’ three children, exclusive occupancy of the marital home… Rossein v. Warner Page 825 In a libel action, the appeals are (1) from an order of the Supreme Court, Nassau County (Morrison, J.), dated June 11, 1984, which denied appellants’ respective motions for summary judgment, and (2) as limited by appellants’ brief, from so much of a subsequent order of the same court, dated August 31, 1984, as, upon… Schaeffer v. Eli Lilly & Co. Page 827 In an action to recover damages for personal injuries, defendant Eli Lilly and Company appeals from an order of the Supreme Court, Nassau County (Velsor, J.), dated *828July 19, 1983, which granted plaintiffs motion for partial summary judgment.… In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), entered April 4, 1984, which dismissed the complaint, after granting defendant’s motion to dismiss for failure to establish a prima facie case.… Young v. City of New York Page 833 In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Queens County (Durante, J.), dated November 9, 1984, which denied their motion for summary judgment as to liability.… Garsky v. Kondzielaski Page 834 In consolidated proceedings pursuant to Real Property Tax Law article 7 to review assessments on certain real property (premises known as 1160 Midland Avenue and 1180 Midland Avenue, City of Yonkers) for the tax years 1978/1979, 1979/1980, 1980/1981, and 1981/1982, the appeal is from an order and judgment (one paper)… Garsky v. Kondzielaski Page 835 In consolidated proceedings pursuant to Real Property Tax Law article 7 to review assessments on certain real property (premises known as 150 Parkway North, 675 McLean Avenue and 115-121 Lawton Street, all in the City of Yonkers) for the tax years 1978/1979, 1979/1980, 1980/1981 and 1981/1982, the appeal is from an… Sinnott v. Finnerty Page 836 Proceeding pursuant to CPLR article 78 to review a determination of respondents dated October 17, 1983 which, after a hearing, found petitioner guilty of misconduct, imposed a punishment of an official reprimand, and failed to remit petitioner’s prehearing 30-day suspension without pay.… Stansberry v. Rothauser Page 838 In a proceeding pursuant to CPLR article 78, inter alia, to review the administrative determinations of officials of the City of Poughkeepsie regarding the attempted termination of petitioners’ tenancy in a Section 8 Existing Housing Program financed by the United States Department of Housing and Urban Development… People v. Bertucci Page 840 Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered June 3, 1982, convicting him of two counts of grand larceny in the second degree, upon a jury verdict, and imposing sentence of 60 days’ incarceration to run concurrent with five years’ probation, and a $1,000 fine.… People v. Di Mauro Page 840 Appeal by defendant from a judgment of the Supreme Court, Richmond County (Broomer, J.), rendered April 20, 1982, convicting him of criminal possession of a forged instrument in the second degree (two counts) and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.… People v. Frye Page 843 Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 7, 1983, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.… People v. Kennedy Page 843 Appeal by defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered September 6, 1983, convicting him of conspiracy in the fourth degree and criminal usury in the second degree (two counts), upon a jury verdict, and imposing sentence.… People v. Quartararo Page 845 Appeals (1) by defendants from two judgments (one as to each of them) of the County Court, Suffolk County (Doyle, J.), both rendered June 9, 1981, convicting each of them of two counts of murder in the second degree on indictment No. 2678/79, upon jury verdicts, and imposing sentences, and (2) by defendant Michael… People v. Sellers Page 850 Appeal by defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered August 8, 1983, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.… People v. Trujillo Page 851 Appeal by defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Rotker, J.), imposed December 17, 1984, upon a violation of probation, the sentence being a definite term of imprisonment of one year.… People v. Young Page 852 Appeal by defendant from a judgment of the Supreme Court, Kings County (Lentol, J.), *853rendered September 26, 1980, convicting him of murder in the second degree and attempted robbery in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment of 25 years to life to run… In re Hall Page 854 In this proceeding to discipline an attorney upon charges of professional misconduct, respondent was served pursuant to an order to show cause dated March 7, 1985 with the petition containing the charges.… In a supplementary proceeding pursuant to CPLR 5228 to enforce a money judgment, the petitioner judgment creditor appeals from an order of the Supreme Court, Suffolk County (Brucia, J.), dated March 16, 1983, which, upon granting the court-appointed receiver’s motion to be discharged, inter alia, (1) fixed his… Antoci v. Antoci Page 857 In an action for divorce, plaintiff husband appeals (1) from an order of the Supreme Court, Richmond County (Kuffner, J.), dated July 26, 1984, which, inter alia, vacated a prior judgment of divorce dated July 16, 1984 and granted defendant wife’s motion for a new trial, and (2) as limited by his brief, from stated… In a products liability and negligence action to recover damages for personal injuries, etc., defendants Volkswagen of America, Inc. and Valley Stream Volkswagen, Inc. separately appeal from an order of the Supreme Court, Nassau County (Bur-stein, J.), dated November 8, 1984, which denied, respectively, their motion… Boltax v. Camp Page 859 In a negligence action to recover damages for personal injuries, defendants separately appeal from an order of the Supreme Court, Queens County (Goldstein, J.), dated July 16, 1984, which denied their respective motions for summary judgment dismissing the complaint.… Bonilla v. Abbott Page 861 In an action to recover damages for legal malpractice, defendants appeal from an order of the Supreme Court, Kings County (Mirabile, J.), dated April 17, 1984, which denied defendants’ motion to dismiss the complaint.… In a stockholders’ derivative action to enjoin the sale of real property, in which the contract of sale was adjudged valid and enforceable, and in which specific performance of the contract was decreed, (a) defendant Brook Realty Company appeals, as limited by its notice of appeal and brief, from so much of an amended… Engstrom v. Kerr Page 866 In a proceeding pursuant to CPLR article 78, inter alia, to restrain appellant James Kerr, Administrator of the Emergency Medical Services (EMS) of the New York City Health and Hospitals Corporation (HHC) from terminating petitioner’s employment as a probationary ambulance corpsman and a provisional ambulance corpsman… Engstrom v. Kerr Page 867 In a proceeding pursuant to CPLR article 78, inter alia, to restrain respondent Administrator of the Emergency Medical Services (EMS) of the New York City Health and Hospitals Corporation (HHC) from terminating petitioner’s employment as a probationary ambulance corpsman and a provisional ambulance corpsman paramedic… —In an action to foreclose a mortgage, defendants Irving and Joan Lubliner appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Kings County (Golden, J.), entered March 15, 1984, which, inter alia, granted plaintiff’s motion for summary judgment as to them.… George v. Bridbord Page 869 In an action, inter alia, for specific performance of an alleged joint venture agreement, in which defendant has counterclaimed and interposed a third-party complaint for partition, the plaintiff, a professional corporation named Mary George, D.M.D.… Grillo v. Tese Page 871 .) In action 1, for specific perforperforof a contract for the sale of certain real property, and in action No. 2, inter alia, to recover damages emanating from the breach thereof, Oreste E.… Hill v. Jones Page 874 In a negligence action to recover damages for personal injuries, plaintiff appeals from (1) a decision of the Supreme Court, Westchester County (Nastasi, J.), dated October 23, 1984, and (2) an order of the same court, dated November 16, 1984, which dismissed her complaint for lack of personal jurisdiction.… Manzi v. Rossi Page 875 In an action for specific performance of a contract for the sale of real property and damages for the breach thereof, plaintiff appeals from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated June 27, 1984, which, after a nonjury trial, denied him any relief.… Mauro v. Village of Freeport Page 876 In an action to recover damages for the wrongful termination of the employment of a tenured civil servant, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Brucia, J.), dated October 25, 1983, as (1) granted that branch of defendant’s motion which sought an… Muller v. City of New York Page 877 In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County (Monteleone, J.), dated April 2, 1984, which denied their motion to vacate a settlement of the action and to restore it to the Trial Calendar.… Nichols v. Kruger Page 878 In an action by a specific devisee of real property, inter alia, to declare void a contract for the sale of that property and the power of attorney under which it was signed on behalf of the seller (now deceased), and to declare plaintiff to be the owner of the subject real property, defendant Victor Kruger appeals… Muse v. Philco-Ford Corp. Page 878 Order of the Supreme Court, Putnam County, dated March 30, 1984, affirmed, with costs, for the reasons stated by Justice Hickman at Special Term.… Restivo v. Weinreb Page 879 In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Kings County (Pizzuto, J.), entered December 16, 1983, which, upon a jury verdict in favor of plaintiffs on the issue of liability, and upon a stipulation fixing the amount of damages, was in… Riccardi v. Tampax, Inc. Page 880 In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated June 19, 1984, which granted plaintiffs’ motion for a protective order.… In an action to recover damages for breach of contract and fraud, defendant Simmons appeals from a judgment of the Supreme Court, Nassau County (Kelly, J.), entered January 17, 1984, which granted plaintiffs motion for summary judgment against him and awarded plaintiff $140,554.90.… Sanders v. Palmer Page 882 In a mortgage foreclosure action, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered January 4, 1984, which dismissed their complaint.… In an action to recover damages for breach of contract, defendants appeal from a judgment of the Supreme Court, Putnam County (Beisheim, J.), entered February 15, 1984, which awarded plaintiff the principal sum of $14,300, upon an agreed statement of facts.… In an action inter alia, to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated April 26, 1984, which denied their motion for partial summary judgment.… Fasano v. State Page 885 In a claim recover damages for personal injuries, etc., claimant appeals from a judgment of the Court of Claims (McCabe, J.), dated March 9, 1984, which, after a nonjury trial on the issue of liability only, granted the State’s motion to dismiss the claim.… Davis v. Coughlin Page 885 In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services which disciplined petitioner by imposing a penalty of 60 days’ keeplock and loss of 90 days’ good time, the appeal is from a judgment of the Supreme Court, Westchester… Proceeding pursuant to Executive Law § 298 to review an order of the State Human Rights Appeal Board dated December 30, 1983, which vacated an order of the State *890Division of Human Rights dated July 20, 1982 that dismissed the complaint of Eugene A.… People v. Batista Page 890 lant. Appeal by from a judgment of the Supreme Court, Kings County (Berkowitz, J.), rendered April 5, 1982, convicting him of robbery in the second degree and petit larceny, upon a jury verdict, and imposing sentence.… People v. Brown Page 893 Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), • rendered May 11, 1977, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.… People v. Calderon Page 894 Appeal by defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered July 9, 1982, convicting him of robbery in the second degree, criminal possession of stolen property in the second degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing… People v. Chavis Page 896 Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered April 27, 1984, convicting her of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.… People v. Catalano Page 896 Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered July 3, 1984, convicting him of criminal possession of a controlled substance in the fourth degree, upon a plea of guilty, and imposing sentence.… People v. Delavalette Page 897 Appeal by defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered August 4, 1983, convicting him of sodomy in the first degree (two counts), and sexual abuse in the first degree (two *898counts), upon a jury verdict, and imposing sentence.… People v. Colon Page 897 Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered November 8, 1982, convicting him of attempted murder in the first degree (two counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.… People v. Demerritt Page 898 Appeal by defendant from a judgment of the County Court, Westchester County (Brown, J.), rendered August 4, 1981, convicting him of rape in the first degree (three counts), upon a jury verdict, and imposing sentence.… People v. Flores Page 899 Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered May 2, 1983, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.… People v. Johnson Page 900 Appeal by defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered March 16, 1982, convicting him of robbery in the first degree (two counts), assault in the second degree, and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.… People v. Fudge Page 900 Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered on September 20, 1984, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.… People v. King Page 902 Appeal by defendant from a judgment of the Supreme Court, Queens County (Fiber, J.), rendered August 12, 1983, convicting him of criminal possession of a controlled substance in the fourth degree, upon a plea of guilty, and imposing sentence.… People v. Johnson Page 902 Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered November 15, 1983, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.… People v. Reed Page 903 Appeal by defendant from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), rendered July 13, 1983, convicting her of criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.… People v. Reynolds Page 903 Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered August 13, 1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.… People v. Ruffin Page 904 Judgment of the Supreme Court, Kings County (Kooper, J.), rendered May 12, 1983, affirmed.… People v. Saylor Page 904 Appeals by defendant from two judgments of the County Court, Nassau County (Ain, J.), both rendered April 7, 1983, the first convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence, and the second convicting him of grand larceny in the third degree, upon his plea of guilty, and… People v. Smith Page 905 Appeal by defendant from a judgment of the County Court, Westchester County (Brown, J.), rendered August 4, 1981, convicting him of rape in the first degree (three counts) and sodomy in the first degree, upon a jury verdict, and imposing sentence.… People v. Schettino Page 905 Appeal by defendant, as limited by his briefs, from so much of a judgment of the Supreme Court, Queens County (Groh, J.), rendered June 8, 1982, as convicted him of murder in the second degree (felony murder) and robbery in the first degree, upon a jury verdict, and imposed concurrent, indeterminate terms of… People v. Wilson Page 909 Appellant. Appeal by a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered July 18, 1980, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.… People v. Walker Page 909 Appeal by defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered October 7, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.… In re Capanegro Page 910 Motion by petitioner, a disbarred attorney, to this court for reinstatement.… In re Rosenbaum Page 911 Motion by petitioner, a disbarred attorney, to this court for reinstatement.… In a proceeding pursuant to CPLR article 78 to review certain actions taken *912by the City of Poughkeepsie Planning Board, petitioners appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered August 20, 1985, which, inter alia, (1) denied their motion for a preliminary injunction enjoining… In re Goldner Page 911 Application by petitioner, a disbarred attorney, for reinstatement to the Bar of the State of New York.… Apostle v. Kac Page 912 In an action seeking specific performance of a real estate sales contract, plaintiffs appeal from an order of the Supreme Court, Westchester County (Burchell, J.), entered April 11, 1984, which granted defendants’ motion for summary judgment and denied their cross motion for the same relief.… Bauer v. Lygren Page 913 In an action to recover damages for personal injuries, etc., plaintiff Maria Bauer appeals from an order of the Supreme Court, Suffolk County (Mclnerney, J.), entered April 9, 1984, which, inter alia, denied her motion to vacate a stipulation purporting to settle the action entered into in open court on April 7, 1981… Appeal by the City of New York Department of Finance from a judgment of the Supreme Court, Kings County (Dowd, J.), dated March 21, 1984, which granted Bruce S.… In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County (Aronin, J.), dated January 16, 1984, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $95,000.… Order of the Supreme Court, Suffolk County, dated April 19, 1984, affirmed, with costs, for reasons stated by Justice Abrams at Special Term.… Davis v. Barnum Page 916 In an action to recover damages for personal injuries, etc., (1) plaintiffs appeal from an order of the Supreme Court, Nassau County (Kelly, J.), dated July 19, 1984, which granted defendants’ Steven and Lee Sokolow, motion for summary judgment dismissing the action as to them, and (2) defendant Valerie Barnum… Esic Capital, Inc. v. Farrell Page 917 In an action to foreclose a second mortgage, defendants James Thomas Farrell, Elizabeth Ann Farrell and F.… Gadman v. Gadman Page 917 In a child custody proceeding pursuant to Family Court Act article 6, the appeal is from an order of the Family Court, Suffolk County (Dunn, J.), entered January 7, 1985, which transferred custody of the parties’ child from the appellant mother to the petitioner father.… In consolidated actions, inter alia, to recover damages for breach of certain construction contracts, the County of Westchester (hereinafter the County) appeals from (1) an order of the Supreme Court, Nassau County (Murphy, J.), dated April 3, 1984, which granted the motion of J.… Maxton Builders, Inc. v. Lo Galbo Page 923 In an action to recover damages for breach of a contract for the sale of real property, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated July 23, 1984, as denied that branch of its motion which was for summary judgment, and defendants… Mitchell v. Board of Education Page 924 In a proceeding pursuant to CPLR article 78 to review a resolution of the Board of Education of the Garden City Union Free School District prohibiting the use of tape recorders at its public meetings, the appeal is from a judgment of the Supreme Court, Nassau County (Pantano, J.), entered May 7, 1984, which granted… Randall v. Randall Page 926 In an action to recover moneys due under a separation agreement, the defendant husband appeals from an order of the Supreme Court, Westchester County (Green, J.), dated August 6, 1984, which (1) granted the plaintiff wife’s motion for summary judgment for arrears in maintenance and child support in the sum of $8,625… Rowley v. Waterfront Airways, Inc. Page 926 In an action to recover damages for wrongful death, etc., defendants Waterfront Airways, Inc., and AMW Corp. appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated October 31, 1984, which denied that branch of their motion which was to disqualify the law firm of Speiser & Krause, P.… Southard v. Salerno Page 927 In an action to recover damages and for a permanent injunction arising out of defendant’s alleged interference with plaintiff’s use of her business premises, plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated December 10, 1984, which failed to grant a preliminary injunction and which… Sucher v. Kutscher's County Club Page 928 In an action to recover damages for personal injuries, etc., allegedly incurred when plaintiff Fay Sucher was using a chair-lifting machine on the premises of defendant and third-party plaintiff Kutscher’s Country Club (Kutscher’s), Kutscher’s appeals from an order of the Supreme Court, Nassau County (Wager, J.)… Trippe v. Trippe Page 935 In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Kings County (Duberstein, J.), dated February 27, 1984, which denied his motion to vacate a judgment of divorce that had been entered against him on his default.… Patricia W. v. Michael R. Page 935 In a proceeding to set aside a finding of paternity and for a human leucocyte antigen blood tissue test (HLA test), the appeal is from an order of the Family Court, Nassau County (Loewy, J.), dated July 30, 1984, which denied the application.… Walls v. Zuvic Page 936 In an action to recover damages for personal injuries, etc., plaintiff Margaret Mary Walls appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered August 8, 1983, which was in favor of defendant dismissing the complaint, upon a jury verdict.… Wegenaar v. Peterson Page 938 In an action on a promissory note prosecuted by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, defendant appeals from a judgment of the Supreme Court, Richmond County (Hurowitz, J.), dated December 29, 1983, which is in favor of the plaintiff and against him in the sum of $16,597.26.… Aiello v. Varelas Page 938 Proceeding pursuant to CPLR article 78 to review determinations of the Sheriff of Nassau County dated March 14, 1983 as to petitioners Keller and Lohwasser, and April 28, 1983 as to petitioners Aiello and Alston, which found them guilty of impairing and interfering with the efficient operation of the Nassau County… In re Dana F. Page 939 In a child protective proceeding pursuant to Family Court Act article 10, the appeal is from an order of disposition of the Family Court, Nassau County (Cohen, J.), entered May 15, 1984, which, following a fact-finding hearing, dismissed the petition and vacated a temporary order of protection issued previously by the… Guarantee Insurance v. D'Alleva Page 941 In a proceeding to stay arbitration of Nicholas D’Alleva’s uninsured motorist’s claim, he appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated April 5, 1984, as granted the application for a stay pending judicial determination of the issue of whether… Mahoney v. Board of Education Page 942 In a proceeding pursuant to CPLR article 78 to compel petitioner’s appointment as librarian, the appeal is from a judgment of the Supreme Court, Westchester County (Stolarik, J.), entered February 14, 1984, which granted the respondent Board of Education’s motion to dismiss the proceeding as barred by the Statute of… Martin v. Martin Page 943 In proceedings for custody and visitation brought by both the husband and the wife, the wife appeals from an order of the Family Court, Dutchess County (Bernhard, J.), dated June 4, 1984, which, inter alia, granted the parties joint custody of their child, with residence of the child to be with the husband, and the… People v. Andino Page 944 Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered November 16, 1981, convicting her of assault in the third degree, upon a plea of guilty, and imposing sentence.… People v. Alicia Page 944 Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered September 15, 1983, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.… People v. Astwood Page 946 Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered February 15, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.… People v. Bagby Page 948 Appeal by defendant from a judgment of the County Court, Westchester County (Couzens, J.), rendered November 28, 1979, convicting him of criminal possession of a controlled substance in the first, third, fifth and eighth degrees, and two counts of criminally using drug paraphernalia in the second degree, after a… People v. Bell Page 948 Appeal by defendant from a judgment of the County Court, Nassau County (Cornelius, J.), rendered September 3, 1982, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.… People v. Bossett Page 949 Appeal by defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered December 1, 1981, convicting him of attempted murder in the first degree (five counts), criminal possession of a controlled substance in the second degree, criminal possession of a weapon in the third degree, and criminal… People v. Carter Page 949 Appeal by defendant from a judgment of the County Court, Nassau County (Monserrate, J.), rendered December 21, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.… People v. Charon Page 950 Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered February 23, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the second degree (two counts), after a nonjury trial, and imposing sentence.… People v. Davis Page 951 Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered September 19, 1983, convicting him of sodomy in the first degree, sexual abuse in the first degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence.… People v. Desire Page 952 By order dated August 2, 1982, this court affirmed a judgment of the Supreme Court, Kings County (Shaw, J.), rendered June 2, 1980, convicting defendant of murder in the second degree and robbery in the first degree (five counts), upon a jury verdict, and imposing sentence (People v Desire, 89 AD2d 936).… People v. Heiss Page 953 Appeal by defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered March 19, 1984, convicting him of criminal sale of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree (three counts), and criminal sale of a controlled substance… People v. Henson Page 954 Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered February 15, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.… People v. Morales Page 956 Appeal by defendant from two judgments of the Supreme Court, Queens County (Giaccio, J.), both rendered April 12, 1983, one convicting him of burglary in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and the other convicting him of burglary in the second degree… People v. Limehouse Page 956 Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Kooper, J.), imposed August 17,1983.… People v. Nation Page 957 Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered July 12, 1983, convicting him of criminal sale of a controlled substance in the fourth degree, upon a plea of guilty, and imposing sentence.… People v. Nibur Page 957 Appeal by the People from an order of the Supreme Court, Westchester County (Edelstein, J.), dated June 18, 1984, which granted defendant’s motion to suppress certain tangible evidence on the ground that either the police had searched the wrong premises, or that the warrant pursuant to which the search had been… People v. Rapinett Page 959 Appeal by defendant from a judgment of the Supreme Court, Kings County (Lentol, J.), rendered June 9, 1980, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.… People v. Rosenzweig Page 959 Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered August 20, 1984, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.… People v. Sevilla Page 960 Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 6, 1981, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.… People v. Small Page 961 Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered August 3, 1982, convicting him of murder in the second degree (two counts), attempted murder in the second degree, robbery in the first degree (six counts), assault in the first degree, and criminal possession of a weapon in… People v. Smith Page 961 Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered June 25, 1982, convicting him of murder in the.… People ex rel. Mack v. Reid Page 962 In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Colabella, J.), dated June 20, 1984, which dismissed the proceeding and denied the writ.… People v. Upsher Page 962 Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J), rendered April 16, 1982, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.… People v. White Page 962 Appeal by defendant from a judgment of the Supreme Court, Kings County (Clemente, J.), rendered June 29, 1982, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.… Muka v. Livingston Page 963 Motion to dismiss proceeding granted, without costs.… Hull v. Feinberg Page 964 Motion to dismiss appeal granted, without costs.… People ex rel. White v. Proper Page 964 Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied (People ex rel.… Keen v. Keen Page 964 —Levine, J. Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered August 9, 1982 in Rensselaer County, upon a decision of the court at Trial Term (Cholakis, J.), without a jury.… People v. Hart Page 966 Main, J. Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered January 21, 1983, upon a verdict convicting defendant of two counts of the crime of criminal sale of a controlled substance in the fifth degree.… Jones v. Payne Page 968 Harvey, J. Appeal from an order of the Family Court of Tioga County (Siedlecki, J.), entered September 29, 1983, which, inter alia, awarded custody of the parties’ daughter Cathy to petitioner.… People v. Davis Page 969 Kane, J. Appeal from a judgment of the County Court of Saratoga County (Lomanto, J.), rendered May 25, 1984, upon a verdict convicting defendant of five counts of the crime of sodomy in the first degree.… People v. Menard Page 972 Yesawich, Jr., J. Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.) rendered July 10, 1984, upon a verdict convicting defendant of the crime of reckless endangerment in the first degree.… Adorno v. Jones Page 973 Mahoney, P. J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Washington County) to review a determination of respondent which declined to rule on a grievance filed by petitioner.… People v. Cheeks Page 974 Main, J. Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered February 25, 1983, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.… Kane, J. Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 13, 1984, which dismissed petitioner’s complaint of unlawful discriminatory practices based on age and disability.… People v. Cooks Page 975 Harvey, J. Appeal from an order of the County Court of Sullivan County (Hanofee, J.), entered January 23, 1985, which granted defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of robbery in the second degree, without a hearing.… King v. Ingraham Page 977 Main, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to review a determination of respondent which denied petitioner’s application for a pistol permit.… People v. Basciano Page 978 Yesawich, Jr., J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered April 21, 1982, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.… In re Banks Page 978 Petitioner has filed a certificate establishing that on July 19, 1985 respondent was convicted in Albany County Court of the crime of conspiracy in the fourth degree, a class E felony (Penal Law § 105.10).… People v. Bartlett Page 978 Casey, J. P. Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered January 26, 1984, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the first degree.… People v. Cruwys Page 979 Main, J. (1) Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 21, 1984, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the first degree, and (2) motion to dismiss appeal as frivolous.… Smith v. People Page 980 Kane, J. Cross appeals from a judgment of the Supreme Court in favor of defendant Jesus People, entered April 18, 1984 in Tompkins County, upon a verdict rendered at Trial Term (Bryant, J.).… Dougherty v. State Page 983 Mikoll, J. Appeals (1) from that part of an order of the Court of Claims (Hanifin, J.), entered October 12, 1984, which partially granted the State’s motion for summary judgment dismissing the claim and denied claimant’s *984cross motion for partial summary judgment on the issue of liability, and (2) from an order of… Claim of Mareno v. Roberts Page 987 Harvey, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 22, 1984, which ruled that claimant’s benefit rate be reduced to zero pursuant to the provisions of Labor Law § 600 (7) and charged him with a recoverable overpayment of benefits.… In re Insogna Page 988 Petitioner moves to confirm a referee’s report which sustained two charges of professional misconduct against respondent.… Application to transfer proceeding to the Supreme Court, Rensselaer County, granted, without costs (see, Executive Law § 298, as amended by L 1985, ch 340).… Graham v. Scully Page 990 Levine, J. Appeal from a judgment of the Supreme Court at Special Term (Viscardi, J.), entered June 13, 1983 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review the determinations of two Superintendent’s proceedings.… People v. Frutchey Page 992 Casey, J. P. Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered March 21, 1980, convicting defendant upon his plea of guilty of the crime of murder in the second degree.… Cervasio v. Cervasio Page 993 Casey, J. P. Appeal from an order of the Family Court of Rensselaer County (Reeves, J.), entered June 21, 1984, which, upon referral of the matter from Supreme Court, directed defendant to pay plaintiff $65 per week for maintenance and to pay plaintiff’s attorney $625 in counsel fees.… Weiss, J. Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered December 12, 1984 in Delaware County, which partially denied defendant’s motion to vacate a default judgment.… People v. Stafford Page 995 Weiss, J. Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered October 2, 1984, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.… In re the Claim of Padilla Page 997 Weiss, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1984, which ruled that claimant was entitled to receive benefits.… In re Modjeska Page 998 In this attorney disciplinary proceeding, the Committee on Professional Standards moves to confirm and respondent moves to disaffirm the report of the referee which sustained four charges of professional misconduct against respondent.… Skinner v. Village of Sylvan Beach Page 1000 Order unanimously modified, on the law, affirmed in part and appeal otherwise dismissed as academic, without costs, all in accordance with the following memorandum: On December 7, 1976 the Village Board of Sylvan Beach passed a bond resolution authorizing the issuance of $5,500,000 in serial bonds to pay the cost of… Reed v. First Baptist Church of Canisteo Page 1005 Order and judgment unanimously affirmed, with costs to be assessed against plaintiffs counsel.… Determination unanimously confirmed and petition dismissed, without costs.… Determination unanimously confirmed and petition dismissed, without costs.… Beechwood Sanitarium v. Axelrod Page 1007 Determination modified, on the law, and, as modified, confirmed, without costs, and matter remitted to respondent for determination of petitioner’s Medicaid reimbursement rate, in accordance with memorandum.… Rock v. Central Square School District Page 1008 Order unanimously affirmed, without costs.… Realty Settlement Corp. v. Atkin Page 1009 Appeal unanimously dismissed as academic, without costs.… Rozanski v. Fitch Page 1009 Appeal unanimously dismissed as academic, without costs (see, mem in Rozanski v Fitch [Appeal No. 2], 113 AD2d 1010).… Realty Settlement Corp. v. Atkin Page 1009 Order unanimously af- firmed, with costs.… Rozanski v. Fitch Page 1010 Order unanimously modified on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Although defendant appeals from two separate orders denying her motions to dismiss various causes of action asserted by plaintiffs, resolution of both appeals requires that we review only this… Fanta-Sea Swim Center, Inc. v. Rabin Page 1011 Judgment unanimously affirmed, without costs.… Woodward v. City of Utica Page 1011 Judgment unanimously affirmed, with costs.… Order unanimously affirmed, with costs. Memorandum: Plaintiff commenced an action for the purchase price of cheese sold and delivered to defendant.… Order unanimously modified in the exercise of discretion, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Unless defendant’s attorney personally pays to plaintiff the sum of $500 costs, within 30 days after service of the order entered hereon, and defendant complies… Lang v. Downey Page 1013 Order unanimously modified, on the law and in the exercise of discretion, and, as modified, affirmed, without costs, in accordance with the following memorandum: The child support provisions of the parties’ separation agreement were inadequate and an upward modification warranted (see, Matter of Brescia v Fitts, 56… Ellingsworth v. City of Watertown Page 1013 Appeal unanimously dismissed, on the law, without costs.… Nationwide Insurance v. Markuson Page 1014 Order unanimously modified, on the law, by reinstating the arbitrator’s award and, as modified, affirmed, without costs.… Doyle v. Erie County Water Authority Page 1016 Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.… Assembly of God, Inc. v. Lynch Page 1016 Judgment unanimously affirmed, without costs.… Determination unanimously confirmed and petition dismissed, without costs.… Scoville v. Cicoria Page 1018 Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Petitioners, having filed objections to the designating petition of respondent candidates, clearly have standing to judicially challenge the sufficiency of the petition (Election Law § 16-102 [1]; § 6-154… Kemp v. Monroe County Board of Elections Page 1019 Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition.… Order unanimously affirmed, without costs.… Dimmick v. Flavin Page 1019 Order unanimously affirmed, without costs.… Robinson v. Mahoney Page 1020 Order unanimously affirmed, without costs (see, Matter of Menendez v McNab, 83 AD2d 893, Iv denied 54 NY2d 769).… Fiorella v. Mahoney Page 1020 Motion to dismiss appeal denied. Order unanimously affirmed, without costs.… Meier v. Mahoney Page 1020 Order unanimously affirmed, without costs.… Hayden v. Mahoney Page 1020 unanimously affirmed, without costs (see, Matter of Hargett v Jefferson, 63 NY2d 696).… Pecoraro v. Mahoney Page 1021 Order reversed, without costs and petition reinstated.… Order unanimously affirmed, without costs (see, Matter of Donnelly v Dowd, 12 NY2d 651).… Godzisz v. Mahoney Page 1022 Order unanimously affirmed, without costs.… Siwek v. Mahoney Page 1022 Order unanimously affirmed, without costs.… Davis v. Smith Page 1023 Judgment unanimously affirmed (see, People *1024ex rel.… People v. Dean Page 1023 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Krowicki v. St. Elizabeth Hospital Page 1023 Order and judgment unanimously affirmed, without costs.… Krowicki v. St. Elizabeth Hospital Page 1023 Order unanimously affirmed, without costs.… Malin v. Malin Page 1024 Order unanimously affirmed, with costs, for reasons stated at Special Term, Fudeman, J.… People v. Roque Page 1024 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Craw*1025ford, 71 AD2d 38).… Samson v. Agency Rent-a-Car Inc. Page 1024 Judgment unanimously affirmed, with costs, for reasons stated in memorandum decision at Trial Term, Broughton, J.… People v. Henderson Page 1024 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Mark Steven E. Page 1024 Adjudication unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People ex rel. Corker v. Smith Page 1024 Appeal unanimously dismissed as moot (see, People ex rel.… People v. Shields Page 1025 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Appeal unanimously dismissed as academic without costs.… Rivera v. Smith Page 1025 Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, Iv denied 56 NY2d 504, 711).… People v. Hollenbeck Page 1025 Appeal unanimously dismissed (see, CPL 450.10, 450.15, as amended by L 1984, ch 671).… People v. Figueroa Page 1025 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Gurley v. Smith Page 1026 Judgment unanimously affirmed (see, People ex rel.… Ryan v. Smith Page 1026 Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum: Special Term properly held that the various adjustment committee hearings were a nullity since they violated the Regulations of the Department of Correctional Services then in effect (7 NYCRR 252.5 [e]… Italiano v. City of Syracuse Page 1026 Order unanimously affirmed, without costs (see, Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831).… People v. Morgan Page 1026 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Order unanimously affirmed, with costs, for reasons stated at Special Term, Pine J.… People ex rel. Jackson v. Smith Page 1027 Appeal unanimously dismissed as moot (see, People ex rel.… People ex rel. Rodriguez v. Smith Page 1027 Judgment unanimously affirmed (see, People ex rel.… Woldequiorquis v. Smith Page 1027 Judgment unanimously affirmed (see, People ex rel.… People v. Shields Page 1027 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Sobus v. Contiguglia Page 1027 Application unanimously denied and petition dismissed without costs.… People v. Mitchell Page 1028 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Veley Page 1028 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Dillingham Page 1028 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People ex rel. Jackson v. Smith Page 1028 Appeal unanimously dismissed as moot (see, People ex rel.… People v. Wilcox Page 1028 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. McCarley Page 1028 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Thomas Page 1029 Judgment insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and matter remitted to Supreme Court, Onondaga County for resentencing.… People v. Denson Page 1029 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, Peo*1030pie v Crawford, 71 AD2d 38).… Wilson v. Smith Page 1029 Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, Iv denied 56 NY2d 504, 711).… People v. Adams Page 1029 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Determination unanimously confirmed and petition dismissed, without costs (see, State Div.… People v. Walker Page 1030 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Illuzzi Page 1030 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Stone v. Smith Page 1030 Judgment unanimously affirmed. Memorandum: A review of the record shows that the hearing officer complied with 7 NYCRR 253.4 (repealed June 15, 1983).… People v. Byrd Page 1030 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Taylor Page 1031 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Arrington Page 1031 Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… Motions to reargue granted to the extent that reargument granted and, upon reargument, order, insofar as appealed from, unanimously reversed, on the law, without costs, and summary judgment granted in favor of defendant, National Grange Mutual Insurance Company, in accordance with the following memorandum: Upon… People v. Finley M. Page 1031 Adjudication unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).… People v. Oakes Page 1032 Motion to change venue of trial of indictment from Jefferson County denied.… Birnbaum v. Flaum Page 1032 Motions for leave to appeal to the Court of Appeals denied; motion to resettle or clarify this court’s decision and order dated July 12, 1985 (112 AD2d 778) granted to the extent of deleting therefrom the last sentence of the court’s memorandum decision and inserting in place thereof the following: "For the same… County of Erie v. Parcel No. 2 Page 1032 Motion to add proceeding to September 1985 Term Calendar denied (see, EDPL 207).… People and organizations on PlainSite with a photograph on file, alphabetically. A
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