Court Cases
Dockets 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
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18,004
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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
Executive Office For United States...
United States Department of State
Federal Bureau of Investigation+5Based 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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7
11
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.
12
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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26
34
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.
AI Case summary available. Subscribe to PlainSite Pro to read it.
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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47
50
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.
AI Case summary available. Subscribe to PlainSite Pro to read it.
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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63
64
65
66
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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82
88
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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89
92
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
2010s
2000s
1990s
1980s
1970s
1960s
1950s
1940s
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All reporters › ny-app-div-lexis › Volume 1985
Opinions in ny-app-div-lexis, volume 1985
People v. Lewis Page 9100
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered on June 22, 1983, unanimously affirmed.…
Brady v. Ottaway Newspapers, Inc. Page 12034
Defendants are entitled to an in camera inspection of the requested files by Special Term as they have made a showing of facts sufficient to warrant review pursuant to Civil Rights Law § 50-a.…
People v. Acomb Page 42470
Order unanimously reversed, on the law, and indictment reinstated.…
— Appeals (1) from an order of the Supreme Court at Special Term (Cerrito, J.), entered June 27, 1984 in Schenectady County, which granted petitioner’s application pursuant to subdivision (d) of section 621 of the Not-For-Profit Corporation Law to inspect and copy respondent’s membership list and certain minutes of…
Weber v. State Page 42472
— Appeal from a judgment of the Court of Claims (McCabe, Jr., J.), entered October 17, 1983, which dismissed the claim.…
Greenwich Central School District v. Ambach Page 42473
— Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.) entered January 18,1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Education holding that certain transfer credits accorded to…
Burton v. Ertel Page 42474
— Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered March 15, 1984 in Albany County, which denied plaintiff’s motion for summary judgment against defendant Robert F.…
Cass v. Finger Lakes Co-operative Insurance Page 42475
— Appeal from a judgment of the Supreme Court in favor of plaintiff, entered March 22,1984 in Tioga County, upon a verdict rendered at Trial Term (Fischer, J.).…
Bestway Construction, Inc. v. Broome County Page 42476
— Cross appeals (1) from a judgment of the Supreme Court in favor of defendant Rose Stone & Concrete, Inc., entered April 4, 1983 in Broome County, upon a decision of the court at Trial Term (Lee, Jr., J.), without a jury, and (2) from a judgment of said court in favor of plaintiff, entered April 26,1983 in Broome…
Rainville v. Rainville Page 42477
— Appeal from that part of an order of the Supreme Court at Special Term (Viscardi, J.), entered January 18, 1984 in Saratoga County, which awarded defendant temporary maintenance in the amount of $50 per week.…
Keeler v. State Page 42478
— Appeal from a judgment of the Court of Claims (Murray, J.), entered August 1,1983, which dismissed the claim.…
— Order, Supreme Court, Bronx County (Fusco, J.), entered December 19, 1983, denying defendant city’s motion for partial summary judgment dismissing plaintiff’s third cause of action, reversed, on the law, with costs and disbursements, and the motion granted.…
Corcoran Group, Inc. v. Morris Page 42481
Order, Supreme Court, New York County (William P.…
People v. Rodriguez Page 42482
— Judgment of the Supreme Court, Bronx County (Blangiardo, J.), rendered March 23,1983, convicting defendant, after plea, of two counts of attempted murder in the second degree and two counts of criminal use of a firearm in the first degree, and sentencing him to concurrent, indeterminate terms of 6% to 20 years and…
In re Pelle Page 42484
OPINION OF THE COURT The respondent was admitted to practice by this court on March 30, 1949.…
In re Hecker Page 42485
OPINION OF THE COURT The respondent was admitted to practice by this court on March 22,1967.…
In re Miller Page 42486
OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, Fourth Judicial Department, on November 12, 1958.…
In re Collins Page 42487
OPINION OF THE COURT The respondent was admitted to practice by this court on June 30, 1943.…
People ex rel. Linares v. Dalsheim Page 42488
— In a habeas corpus proceeding to obtain the release from incarceration of the petitioner on the ground that he had not been accorded a timely preliminary parole revocation hearing, which application was designated by Special Term as a CPLR article 78 proceeding to set aside the Parole Board’s determination to revoke…
People ex rel. Phifer v. Scully Page 42489
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated July 21, 1983, which dismissed the proceeding.…
People ex rel. Williams v. Scully Page 42490
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated February 10, 1983, which denied the petition.…
People v. Morgan Page 42491
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Cohen, J.), rendered April 16,1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
Samaritan Hospital v. Axelrod Page 42492
— Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.) entered January 6, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the State Department of Health setting petitioner’s 1980 and 1981 Medicaid and Blue…
State v. Home Indemnity Co. Page 42493
OPINION OF THE COURT The State of New York seeks to recover from defendant approximately $570,000 for breach of an insurance contract which the State alleges defendant issued, covering the State for such occurrences as resulted in a judgment against it in the sum $569,963.91, with interest and costs.…
Syracuse Urban Renewal Agency v. State Page 42494
OPINION OF THE COURT Legislation was enacted in 1956 (L 1956, ch 461) to establish a program for the purchase of health insurance for active and *24retired employees of the State and its political subdivisions.…
People v. Cruickshank Page 42495
OPINION OF THE COURT This case involves the fatal shooting of G.…
— In an action to recover damages for breach of contract, the appeal is from so much of an order of the Supreme Court, Queens County (Santucci, J.), dated March 16, 1983, as, upon granting reargument to the plaintiff, vacated its prior decision dated November 22, 1982 and denied appellants’ motion for summary judgment.…
Brennan v. Bauman & Sons Buses, Inc. Page 42497
— In a negligence action to recover damages for personal injuries, etc., defendant Bauman & Sons Buses, Inc., appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated April 6,1983, *655which granted plaintiffs’ motion to set aside the jury verdict in favor of said defendant and directed a new…
Dennelly v. County Attorney Page 42498
— Proceedings pursuant to CPLR article 78 (1) to review a determination of the Sheriff of Nassau County, dated February 24, 1983, which, after a hearing, dismissed petitioner *683from his position as deputy sheriff, and (2) to compel the Nassau County Sheriff’s Department to reinstate petitioner to his position as…
In re Roth Page 42500
OPINION OF THE COURT Respondent was admitted to practice as an attorney and counselor at law in February of 1976 by the Appellate Division of the Supreme Court, Second Judicial Department.…
In re Kaufman Page 42501
OPINION OF THE COURT The Departmental Disciplinary Committee has moved for an order punishing respondent for contempt with fines or imprisonment or both; an order disbarring him for his failure to comply with the June 28,1983 order of this court suspending him from practice; and imposition of the costs of this motion…
Levine v. State Page 42502
OPINION OF THE COURT Claimant was awarded judgment against the State for its negligent failure to protect her from a brutal physical assault and rape committed by a resident of the Highland State Training School.…
People v. Weaver Page 42503
OPINION OF THE COURT Defendant was convicted of perjuring herself in testimony offered by her either before the Grand Jury investigating the *293circumstances involved in the ingestion of morphine by her paramour, Stanley Chichester, which resulted in his falling into a continuing comatose state, or at the trial of…
Carpenter v. City of Plattsburgh Page 42504
OPINION OF THE COURT In 1980, plaintiff and defendant William Pearsall were police officers for defendant City of Plattsburgh who sat for a civil service examination for the position of police captain.…
Kasachkoff v. City of New York Page 42505
OPINION OF THE COURT Plaintiff was employed by defendant Bellevue Hospital as a senior psychologist in its Rehabilitation Medicine Service (RMS) from on or about May 19, 1980 until on or about November 30, 1981, when she was transferred to Lincoln Medical and Mental Health Center.…
Casson v. Casson Page 42506
OPINION OF THE COURT The instant appeal raises the issue of whether the doctrine of res judicata should be applied to a determination of the Family Court, which held valid the child support provisions of a separation agreement.…
OPINION OF THE COURT Plaintiff, who retired from the New York City Police Department in July 1962, was not entitled to pension benefits he received from the New York City Police Pension Fund (Police Pension Fund) during the period that he was employed as a faculty member of the State University of New York’s Graduate…
Zahn v. Pauker Page 42508
OPINION OF THE COURT In the spring of 1980, defendant and her husband, Dr. Sidney Pauker, hired a contractor, Max Miller, to perform certain painting work to the outside of their house located at 303 Clinton Avenue in the City of Kingston, Ulster County.…
Suria v. Shiffman Page 42509
OPINION OF THE COURT Plaintiff, a transsexual, age 54 at the time of trial, brought this medical malpractice action, asserting causes of action premised upon malpractice and lack of informed consent.…
Cabrini Medical Center v. Axelrod Page 42511
— Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered June 11, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.…
Funt v. Funt Page 42512
— Order of the Family Court, New York County (Mortimer Getzels, J.), entered October 20, 1983, modifying the provisions for child support contained in the decree of divorce between the parties, unanimously reversed, on the law and the facts, the application denied and the petition dismissed, with costs.…
— Order of the State Division of Human Rights, dated February 9, 1984, finding that petitioner had violated the Human Rights Law (Executive Law, art 15, § 290 et seq.) and awarding compensation to complainant reversed, on the law and the facts, the petition granted and the proceeding before State Division of Human…
In re the Claim of Garbarini Page 42514
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1984, which ruled that claimant was eligible for benefits, effective November 2, 1983, without any disqualifying conditions.…
Dziadiw v. 352 State Street Corp. Page 42515
— Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered July 2, 1984 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.…
Davis v. Sapa Page 42516
— Appeals (1) from an order of the Supreme Court at Special Term (Crew, III, J.), entered February 29, 1984 in Chemung County, which, inter alia, granted defendant’s motion to preclude plaintiff from giving evidence at trial relating to the intoxication of defendant, and (2) from an order of said court (Swartwood…
In re McGarry Page 42517
OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, First Judicial Department, on June 27, 1952.…
In re Rouse Page 42518
OPINION OF THE COURT The respondent was admitted to practice by this court on October 14, 1959.…
In re Richards Page 42519
OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division, Third Department, in 1954 and maintains an office for the practice of law in Rochester, New York.…
Ray v. Haveliwala Page 42520
OPINION OF THE COURT On or about June 25, 1981, petitioner was permanently appointed to the position of psychiatric social work supervisor III, a grade 25 position, at the Creedmoor Psychiatric Center (Creed-moor).…
People v. Morris Page 42521
— Appeal from a judgment of the County Court of Cortland County (Mullen, J.), rendered November 16,1983, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the fifth degree and criminal possession of a controlled substance in the fifth degree.…
People v. Crampton Page 42522
— Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 16, 1983, upon a verdict convicting defendant of the crimes of attempted rape in the first degree and endangering the welfare of a child.…
Liberty Mutual Insurance v. Abbott Page 42523
— Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered November 23, 1983 in Rensselaer County, which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for leave to serve an amended answer.…
Martell v. North River Insurance Page 42524
— Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered March 22, 1984 in Albany County, which, in action No. 2, granted defendant North River Insurance Company’s motion to vacate plaintiff’s demand for a jury trial.…
People v. Fullwood Page 42525
— Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered August 29, 1983, upon a verdict convicting defendant of the crimes of burglary in the third degree and petit larceny.…
*74OPINION OF THE COURT On June 20, 1980, the United States Supreme Court held that when the Public Service Commission of the State of New York (PSC) prohibited utility companies from including inserts which expressed the views or opinions of the utility on controversial issues of public policy in envelopes containing…
Fafinski v. Reliance Insurance Page 42527
OPINION OF THE COURT In a jury trial against defendant insurance company which disclaimed no-fault coverage because of plaintiff’s intoxication at the time of the automobile accident in which he was injured, the court refused to permit proof of the result of a blood-alcohol test routinely given on plaintiff’s hospital…
Horner v. State Page 42528
OPINION OF THE COURT Plaintiff’s complaint in this declaratory judgment action alleges: that he is the owner of 48 shares of the 200 authorized and issued shares of corporate stock of PJG Gasoline, Inc.; that he was not an officer of that corporation from 1978 to 1983, the period covered by the tax assessment herein…
— Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered October 31, 1983 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Proceeding pursuant to CPLR article 78 (transferred to this *970court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Commissioner of Social Services which denied petitioner’s application for medical assistance.…
— Appeal from an order of the Supreme Court at Special Term (Amyot, J.), entered February 1, 1984 in Montgomery County, which denied defendant’s motion to vacate a default judgment.…
Roggio v. Nationwide Mutual Insurance Page 42532
OPINION OF THE COURT When defendant notified plaintiff that all of her claims arising out of a February 3, 1981 motor vehicle accident were being denied as of October 22,1981, plaintiff elected arbitration under subdivision 2 of section 675 of the Insurance Law.…
Smith v. Guli Page 42533
OPINION OF THE COURT This appeal concerns a third-party action commenced by defendants third-party plaintiffs Jack Ryan’s Place, Inc., Jack Ryan, Jr., and Ada Ryan (Jack Ryan’s) against Wambach Farms, Inc. (Wambach’s), third-party defendant.…
People v. Wilson Page 42534
OPINION OF THE COURT We are concerned on this appeal with the power of the trial court to excuse a sworn juror during the process of impaneling the jury and outside the presence of the defendant and defense counsel.…
OPINION OF THE COURT This is an action by Aegis Property Services Corp. (Aegis), a real estate broker, asserting its right to a commission in connection with a lease entered into on December 5, 1980 between Hotel Empire Corp. (Empire) as landlord and Imero Fiorentino Associates, Inc. (Imero), as tenant.…
Cornell University v. Bagnardi Page 42538
OPINION OF THE COURT The City of Ithaca Zoning Ordinance is invalid insofar as it excludes the proposed expansion of an educational use by plaintiff, Cornell University, into a residential area of the city by requiring a variance for such use and conditioning the issuance of such variance upon a showing of hardship.…
Bio-Tech Mills, Inc. v. Williams Page 42539
OPINION OF THE COURT Petitioner is the operator of a paper mill in Washington County which manufactures toilet tissue from printed waste paper.…
In re Tannian Page 42540
OPINION OF THE COURT Petitioner seeks an order striking respondent’s name from the roll of attorneys in accordance with section 90 (subd 4, par b) of the Judiciary Law, on the ground of automatic disbarment following a felony conviction in New York State Supreme Court.…
In re Cohen Page 42541
OPINION OF THE COURT Respondent James Harrison Cohen was admitted to practice as an attorney and counselor at law by the Appellate Division, Second Department, on October 17, 1962.…
In re Dubonnet Scarfs, Inc. Page 42542
OPINION OF THE COURT This case involves an appeal from a denial of a petition to judicially dissolve a closely held corporation.…
Cruz v. American Export Lines, Inc. Page 42543
OPINION OF THE COURT On September 17, 1976, plaintiff, a longshoreman with 15 years experience in the employ of John W.…
GAF Corp. v. Werner Page 42544
OPINION OF THE COURT GAF Corporation (GAF) manufactures and sells chemicals, photographic products, and building materials.…
OPINION OF THE COURT Petitioners’ challenge to the validity of the 12 appointments to permanent positions as Deputy Chief Budget Examiner is based upon claims that the statute relied upon by respondents does not authorize the appointments, that the appointments violate section 6 of article V of the State Constitution…
American Ass'n of Bioanalysts v. Axelrod Page 42546
OPINION OF THE COURT These two actions are for declaratory judgment and injunctive relief.…
OPINION OF THE COURT In this CPLR article 78 proceeding to review a decision of the New York City Department of Finance (Department) issued after a statutory hearing, petitioner, Colt Industries, Inc. (Colt), seeks reversal of two final determinations, one assessing against petitioner a general corporation tax…
Baxter v. Fulton Ice & Cube Co. Page 42548
OPINION OF THE COURT The question for resolution on this appeal is whether the doctrine of collateral estoppel bars a plaintiff injured within the scope of his employment from recovering against a named defendant manufacturer and/or distributor a judgment in excess of *83the amount previously recovered by him in an…
OPINION OF THE COURT On May 19,1980, the defendant-appellant, Triborough Bridge and Tunnel Authority (TBTA), after having published notice of the proposed change in the toll rates as required by the State Administrative Procedure Act, increased the toll rates for various of the bridges and tunnels it operates in and…
Dawson v. Langner Page 42550
OPINION OF THE COURT The question presented on this appeal is: when does a cause of action for wrongful death “accrue” for purposes of the Public Authorities Law?…
OPINION OF THE COURT In 1971, before the enactment of the State Environmental Quality Review Act (SEQRA), the Zoning Board of Appeals of the Town of Onondaga granted a variance for the construction of a 500-foot communication antenna tower on petitioner’s property.…
Hertz Corp. v. Avis, Inc. Page 42552
OPINION OF THE COURT The question presented is whether in an action for unfair competition a large corporation (plaintiff Hertz) can require its major competitor (defendant Avis) to compile and reveal over 120,000 pages of highly confidential financial records in the absence of a claim that Avis’ alleged…
Slabakis v. Drizin Page 42553
OPINION OF THE COURT Defendants appeal from an order which denied their motion for permission to depose a nonparty witness pursuant to then CPLR 3101 (a) (4), on a finding that “adequate special circumstances” had not been shown sufficient to warrant the examination.…
OPINION OF THE COURT This is an appeal from the denial of a motion to dismiss a complaint alleging breach of a concededly oral five-year contract of employment, on the ground that the action is barred by the Statute of Frauds.…
In re Wagner Page 42555
OPINION OF THE COURT Respondent Edward A.…
Gordon v. Town of Esopus Page 42556
OPINION OF THE COURT Petitioners own land in the Town of Esopus, Ulster County, which respondent has used as the town landfill pursuant to a five-year lease which expired as of January 1982.…
Studley v. National Fuel Gas Supply Corp. Page 42557
OPINION OF THE COURT In her declaratory judgment action, plaintiff seeks to invalidate two written oil and gas leases given originally to a lease broker — third-party defendant John R.…
People v. Pugh Page 42558
OPINION OF THE COURT Cynthia Pugh was convicted of murder in the second degree for the February 24, 1983 shooting death of James Pipines, her employer and lover, while he lay in bed in his home in Fayetteville.…
Mers v. Intermedics, Inc. Page 42559
— Order, Supreme Court, New York County (Seymour Schwartz, J.), entered October 24, 1983, which, inter alia, granted plaintiff’s cross motion to direct defendant to permit discovery of its testing reports and data concerning pacemaker unit No. 18715 (model 253-07), is modified, on the law and the facts, to the extent…
Raskin v. Nassau Insurance Page 42560
Order, Supreme Court, New York County (Grossman, J.), entered October 6, 1983, granting plaintiffs’ motion for leave to serve a supplemental summons and amended complaint, unanimously reversed, on the law, with costs, and the motion is denied.…
Cuevas v. Avnet Machinery Page 42561
Order, Supreme Court, Bronx County (Joseph DiFede, J.), entered on July 31, 1984, unanimously affirmed, without costs and without disbursements and without prejudice to renewal after completion of all discovery.…
Ganci v. Edlin Page 42562
Order, Supreme Court, New York County (Robert White, J.), entered on July 13, 1984, unanimously affirmed, without costs and without disbursements.…
People v. Jones Page 42563
Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered on September 14, 1983, unanimously affirmed.…
Judgment, Supreme Court, New York County (William McCooe, J.), entered on April 13, 1984, unanimously affirmed, without costs and without disbursements.…
Reich v. Prager Page 42565
Judgment, Supreme Court, New York County (John Lawton, J.), entered August 30, 1983, awarding plaintiff Howard Reich $250,000, and his wife, plaintiff Bella Reich, $25,000 for loss of consortium, against defendant hospital Beth Israel Medical Center in this medical malpractice action, unanimously reversed, on the law…
Abbariao v. Blumenthal Page 42566
Order of the Supreme Court, New York County (Richard W.…
In re Miguel T. Page 42567
Judgment of the Family Court, New York County (Zuckerman, J.), rendered April 16, 1984, adjudicating appellant a juvenile delinquent by virtue of an act committed by him which, if committed by an adult, would constitute the crime of public lewdness (Penal Law, § 245.00) and committing him to a Title III facility for a…
In re Ruggiero Page 42568
Motion to vacate order of disbarment and for reinstatement denied.…
Hill v. St. Clare's Hospital Page 42569
—Judgment, Supreme Court, New York County (David Edwards, J.), entered June 16, 1983, which inter alia, denied defendants’, St. Clare’s Hospital and Rudolph F.…
Home Insurance v. Corcoran Page 42570
Order, Supreme Court, New York County (McGee, J.), entered October 17, 1983, which denied defendant’s motion for summary judgment on her counterclaim, is reversed, on the law, and summary judgment on defendant’s counterclaim is granted, with costs.…
— Order, Supreme Court, New York County (Saxe, J.), entered June 29, 1983, granting defendant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs and disbursements, and the motion denied.…
Marchello v. Lenox Hill Hospital Page 42572
— Order, Supreme Court, Bronx County (Callahan, J.), entered June 7, 1984, denying defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion granted.…
Sutherland v. City of New York Page 42573
— Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 16, 1984, which, inter alia, removed plaintiff Hester Sutherland as the guardian of her daughter and appointed a substitute guardian ad litem, is reversed, on the law, the facts, and in the exercise of discretion, plaintiff Hester Sutherland is…
— Order of Supreme Court, New York County (Stanley L.…
People v. Pedraza Page 42575
— Judgment of the Supreme Court, Bronx County (Daniel Sullivan, J.), rendered July 22, 1982, convicting defendant of the crimes of reckless endangerment in the first degree (two counts) and criminal possession of a weapon in the third degree and sentencing him to three concurrent terms of 1 to 3 years affirmed, and…
Amrod v. Doran Page 42576
— Order, Supreme Court, New York County (Seymour Schwartz, J.), entered April 3, 1984, which granted defendants’ motion to disqualify plaintiffs’ attorneys Whitman & Ransom from further representation of plaintiffs, is reversed, on the law, without costs, and the motion is denied.…
— Order of the Supreme Court, New York County (Arthur *579E.…
People v. Salsedo Page 42578
— Order, Supreme Court, New York County (Carol Berkman, J.), entered February 9, 1984, which granted defendant’s motion to dismiss the indictment pursuant to CPL 30.30, is unanimously reversed, on the law, the motion is denied, the indictment is reinstated, and the matter is remanded for further proceedings.…
Republic National Bank v. Luis Winston, Inc. Page 42579
— Order, Supreme Court, New York County (Greenfield, J.), entered on December 8, 1983, granting defendant Aero Duct, Inc.’s motion for summary judgment pursuant to CPLR 3212 and dismissing the complaint and cross claims against Aero Duct, reversed, on the law, and Aero Duct’s motion for summary judgment denied…
People v. Rhodes Page 42580
— Judgment of the Supreme Court, Bronx County (Florio, J.), rendered on February 3, 1983, convicting defendant, upon his plea of guilty, of manslaughter in *583the first degree and sentencing him to an indeterminate term of imprisonment of from AVa to 10 years, is modified, on the law, to the extent of reducing…
Weiner & Co. v. Teitelbaum Page 42581
— Order entered March 7, 1984, Supreme Court, New York County (Irving Kirschenbaum, J.), granting defendants’ motion to dismiss the complaint, is unanimously reversed, on the law, and the complaint is reinstated, with costs.…
La Lone v. Gerber Page 42582
— Order entered February 29, *5851984, Supreme Court, New York County (Stanley S.…
Wichner v. Fortunoff Page 42583
— Order of the Supreme Court, New York County (George Bundy Smith, J.), entered on March 24, 1983, which denied plaintiff’s motion for a preliminary injunction and partial summary judgment and granted defendants’ cross motion for summary judgment dismissing the complaint, is unanimously modified, on the law, to the…
Mescia v. City of New York Page 42584
— Order entered December 14, 1983 in Supreme Court, New York County (Shirley Fingerhood, J.), confirming so much of a referee’s report as established the appropriate wage levels over several periods and calculated the amount due plaintiff to be $13,533.72, plus interest, is modified, on the law and the facts, to…
People v. Falcone Page 42585
— Judgment, Supreme Court, Bronx County (Cerbone, J.), rendered January 27, 1983, which convicted defendant, on his plea of guilty, of criminal possession of a weapon in the third degree and sentenced him as a second violent felony offender to an indeterminate term of 2 to 4 years in prison, modified, on the law, on…
People v. Carrelero Page 42586
— Judgment rendered November 24, 1981 in Supreme Court, Bronx County (Jack Rosenberg, J., at trial and sentence), convicting defendant on three counts of murder in the second degree, unanimously modified, on the law and the facts in the exercise of discretion, to the extent of reversing the sentence and remanding for…
People v. Presha Page 42587
— Order, Supreme Court, Bronx County (Lawrence H.…
Hunter v. New York City Transit Authority Page 42588
— Judgment, Supreme Court, New York County (Robert E.…
People v. Tromp Page 42589
Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered on September 24, 1982, unanimously affirmed.…
— Order of the Supreme Court, New York County (Alvin F.…
Trizec Western, Inc. v. City of New York Page 42591
— Order, Supreme Court, New York County (Alvin Klein, J.), entered on August 30,1983, unanimously affirmed for the reasons stated by Alvin Klein, J., at Special Term on renewal and reargument, without costs and without disbursements.…
Hunt v. Sutton Page 42592
— Order, Supreme Court, New York County (Robert White, J.), entered on June 6, 1984, unanimously affirmed, without costs and without disbursements.…
— Order, Supreme Court, New York County (Arthur Blyn, J.), entered on July 10,1984, unanimously affirmed, for the reasons stated by Blyn, J.…
Elghanayan v. Elghanayan Page 42594
— Order, Supreme Court, New York County (Richard W.…
Elghanayan v. Elghanayan Page 42595
— Order, Supreme Court, New York County (Richard Wallach, J.), entered on July 16, 1984, affirmed.…
— Order of the Supreme Court, New York County (Harold Tompkins, J.), entered on April 27,1984, which, inter alia, denied plaintiff’s motion for summary judgment, is modified, on the law, to the extent of granting plaintiff’s motion for summary judgment against the individual defendants, Leslie and Beatrice Rubinowitz…
— Order of Supreme Court, New York County (Alfred M.…
Stedman v. City of New York Page 42598
*601Order, Supreme Court, New York County (White, J.), entered January 27, 1984, which granted third-party defendant Alfo Cab Co. leave to reargue plaintiffs’ motion to vacate the workers’ compensation line of the State Insurance Fund and, upon reargument, resettled the order of the same court and Justice, entered…
Jacobson v. Sassower Page 42599
— Order of the Appellate Term, First Department, entered November 29, 1983 (122 Mise 2d 863), affirming a judgment of the Civil Court of the City of New York, Small Claims Part, New York County (David B.…
Maglaras v. Mt. Sinai Hospital Page 42600
— Order of the Supreme Court, New York County (Ascione, J.), entered October 3, 1983, which, inter alia, granted plaintiffs’ cross motion for a protective order striking defendant Saperstein’s notice for discovery and inspection dated August 4, 1983, is modified, on the law and facts, to deny the cross motion for a…
Gless v. City of New York Page 42601
— Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered December 12, 1983, which in a declaratory judgment action seeking a declaration that Local Law No. 23 of 1983 of the City of New York is invalid and unenforceable, denied plaintiffs’ motion for a preliminary injunction, denied plaintiffs’ cross…
— Order, Supreme Court, New York County (David H.…
Kiernan v. City of New York Page 42604
— Motion granted to the extent of deleting the last sentence of this court’s order (102 AD2d 731), entered on June 14, 1984, and to substitute therefor the following: “The clerk is directed to enter judgment in favor of defendant-appellant dismissing and severing the action and dismissing the cross claims against said…
People v. Coen Page 42605
— Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on December 8, 1983, unanimously affirmed.…
— Appeal from an order entered July 5, 1984 in Supreme Court, New York County (Martin Evans, J.), unanimously dismissed, without costs, as subsumed in the judgment entered thereon July 9, 1984; the latter is unanimously modified, on the law, to the extent of denying plaintiff’s motion for summary judgment in its…
Herring v. Adams Page 42607
— Motion to dismiss appeal granted, without prejudice to appellants making a motion at Special Term to vacate or modify the precalendar conference order, as indicated in the order of this court.…
Stephano v. News Group Publications, Inc. Page 42608
— Upon the court’s own motion, the order of this court entered on January 4, 1984, is amended solely to reflect the vote of this court at the time of reversal of the order appealed from, as indicated in the order of this court.…
— CPLR article 78 petition in the nature of a writ of prohibition, dated July 5, 1984, is unanimously granted on the law, without costs, the order of Supreme Court, New York County (Joan B.…
Citibank, N. A. v. Plapinger Page 42611
— Judgment, entered March 12, 1984 in Supreme Court, New York County (William P.…
People v. Moore Page 42612
— Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered on May 31, 1983, unanimously affirmed.…
People v. Vernon Page 42614
— Judgment, Supreme Court, Bronx County (Herbert Shapiro, J., at sentence; Manuel Ramos, J., at Mapp/Huntley hearings), rendered on February 24,1983, unanimously affirmed.…
Tauber v. Lebow Page 42615
— Judgment, Supreme Court, New York County (Norman Ryp, J.), entered on January 24, 1983, modified, on consent, to reduce the judgment, as indicated in the *633order of this court, and otherwise affirmed; judgment of said court (George Ingelhart, J.), entered on August 8, 1983, unanimously affirmed; and resettled…
People v. Smith Page 42616
— Order, Supreme Court, New York County (Howard E.…
Gitlin v. Cassell Page 42617
— Order, Supreme Court, New York County (Kenneth Shorter, J.), entered November 28,1983, which in a medical malpractice action granted the motion of defendant Dr. Jane Schick for summary judgment dismissing the complaint as to her, reversed, on the law, without costs, the motion for summary judgment is denied, and the…
In re Mariono V. Page 42618
— Order of disposition of the Family Court, New York County (Schechter, J.), entered December 6, 1983, which adjudicated appellant a juvenile delinquent and placed him on probation for two years after a fact-finding determination dated May 17, 1983, that appellant had committed acts, which if committed by an adult…
Domino Imports, Ltd. v. Style Shop, Inc. Page 42619
— Order, Supreme Court, New York County (Bruce Wright, J.), entered November 2, 1983, denying defendants’ motion to excuse their default and to compel plaintiff to accept defendants’ bill of particulars, unanimously reversed, on the law, the facts, and in the exercise of discretion, to grant the motion excusing the…
dissents in a memorandum as follows: I dissent and would grant the petition to the extent of annulling the finding that on May 31, 1980, and again on June 4,1980, at a time when its license was suspended, petitioner engaged in the business of operating a driving school in violation of subdivision 2 of section 394 of…
Papts Food Corp. v. City of New York Page 42621
Order of the Supreme Court, New York County (A.…
People v. Lestishock Page 42622
— Judgment rendered April 21, 1983 in Supreme Court, New York County (Robert M.…
Clavijo v. Standard Fruit & Steamship Co. Page 42623
— Order, Supreme Court, New York County (Alfred Ascione, J.), entered on November 22, 1983, unanimously affirmed, for the reasons stated by Ascione, J., without costs and without disbursements.…
People v. Hanley Page 42624
— Judgment, Supreme Court, Bronx *650County (Sheldon Greenberg, J.), rendered on December 15, 1983, unanimously affirmed.…
People v. Thomas Page 42626
— Judgment, Supreme Court, New York County (Manuel Ramos, J.), rendered on December 10, 1982, unanimously affirmed.…
Du Pont v. State Division of Human Rights Page 42627
— Application to set aside and annul the order of the State Division of Human Rights, dated July 30, 1984, unanimously dismissed as untimely, without costs and without disbursements.…
In re Solomon Page 42628
— Application for reinstatement as an attorney and counselor at law in the State of New York referred to the Departmental Disciplinary Committee for the First Judicial Department to hear and report with respect to said application, and pending receipt of the report, the motion is held in abeyance.…
People v. Davis Page 42631
— Judgment, Supreme Court, Bronx County (Barry Salman, J.), rendered on January 7,1983, unanimously affirmed.…
Reisch v. Aetna Casualty & Surety Co. Page 42632
— Resettled judgment, Supreme Court, New York County (Irving Kirschenbaum, J.), entered on December 5,1983, unanimously affirmed.…
In re the Estate of Pollock Page 42633
— Motion, insofar as it seeks reargument, denied, and, insofar as it seeks leave to appeal to the Court of Appeals, motion granted on the basis of the following certified question: “Was the order of the Surrogate’s Court, as affirmed by this court, properly made?” Sua sponte, all further proceedings in Surrogate’s…
In re Garner Page 42634
— On the court’s own motion, this court’s order dated October 1, 1984 (103 AD2d 390) which suspended respondent from the practice of law for a period of one year is amended by changing the effective date of said suspension to read January 4, 1985.…
Boothe v. Weiss Page 42635
— In an action to recover damages for personal injuries sustained as a result of alleged optometric malpractice, plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated September 13, 1983, which, inter alia, dismissed his complaint as barred by the Statute of Limitations.…
Bramwell v. Tucker Page 42636
— In a negligence action to recover damages for personal injuries, defendant Ellen M.…
Carbo v. Carbo Page 42637
In an action for ejectment and for a money judgment for use and occupancy, plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated February 8, 1984, which (1) denied plaintiff’s motion for summary judgment or for the alternative relief of an order of preclusion; and (2) granted…
— In an action, inter alia, to enjoin defendants from using the trade name and service mark Delta Transmissions, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 13,1983, as denied their cross motion to dismiss defendants’…
De Santis v. De Santis Page 42639
— In a matrimonial action in which the parties were divorced, plaintiff wife appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Daronco, J.), entered August 18, 1983, as ordered a hearing on that branch of her motion which was for an income deduction order pursuant…
Grinblat v. Taubenblat Page 42640
— In an action to recover damages for breach of an escrow agreement, defendant appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated September 1, 1983, which granted plaintiff’s motion for summary judgment pursuant to CPLR 3213 and denied defendant’s cross motion to dismiss the complaint for…
Kehl v. State Page 42641
— In claims for personal injuries and wrongful death, the State of New York appeals from so much of an interlocutory judgment of the Court of Claims (Lengyel, J.), dated April 2, 1984, as found it 70% liable, and claimant Alfred Carroll, individually and as administrator of the estate of Margaret Carroll…
Mitchell v. Mendez Page 42642
— In two actions to recover damages for personal injuries, etc., plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Roncallo, J.), dated August 23, 1983, which granted respondent’s motion to the extent of dismissing action No. 1 and directing that a traverse hearing be held as to the validity of…
Negri v. Stop & Shop, Inc. Page 42643
— In a negligence action to recover damages for personal injuries, etc., defendant appeals from an amended judgment of the Supreme Court, Rockland County (Meehan, J., at trial on liability; Ruskin, J., at trial on damages), dated January 16,1984, which, after a bifurcated jury trial, is in favor of plaintiff Paquita…
Neville v. McIntyre Page 42644
— In an action to recover a down payment on a real estate contract, defendants appeal, by permission, from an order of the Supreme Court, Appellate Term, Second and Eleventh Judicial Districts, dated May 11, 1983, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered April…
Norman v. Ferrara Page 42645
— In an action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated March 14, 1984, as granted defendant Louis Ferrara’s motion for leave to serve an amended answer denying ownership of the offending…
Olshansky v. Ravera Page 42646
— In an action brought by a shareholder in the defendant corporation against other shareholders therein in connection with claims of waste of corporation assets and other related allegations of misconduct, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Adler, J.), dated July 1, 1983…
Pacheco v. Pacheco Page 42647
— In a matrimonial action, defendant husband appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Rockland County (Delaney, J.), dated November 18,1983, as granted those branches of plaintiff wife’s motion which sought, pendente lite, the sums of (1) $5,000 for…
Paniconi v. Walters Transit Corp. Page 42648
— In a negligence action to recover damages for personal injuries, defendants appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Putnam County (Hickman, J.), dated December 8, 1983, as denied their motion for summary judgment, and (2) so much of an order of the same court, dated…
Perez v. Siskel Page 42649
— In an action to recover damages for medical malpractice, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Morrison, J.), dated August 16, 1983, which, after a jury verdict, was in favor of defendant.…
Prieston v. Massaro Page 42650
— In a negligence action to recover damages for personal injuries sustained in an automobile accident, defendant *743appeals from a judgment of the Supreme Court, Nassau County (Becker, J.), entered November 16, 1983, which, upon a jury verdict after a trial on the issue of damages, is in favor of the plaintiff and…
Ruggerio v. Aetna Life & Casualty Co. Page 42651
— In an action pursuant to former section 167 (subd 1, par [b]) of the Insurance Law to recover insurance proceeds pursuant to a judgment obtained by plaintiffs against defendant’s insured, based upon causes of action for negligent operation of an automobile and for negligence in the hiring of an incompetent and…
Schoenberg v. Club Transportation Corp. Page 42652
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered April 18,1984, which granted the defendants’ motion to dismiss the action for failure to serve a notice of claim pursuant to section 50-e of the…
Shaffer v. Best Farms No. 3, Inc. Page 42653
— In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Richmond County (Horowitz, J.), dated March 26, 1984, which granted the plaintiffs’ motion to discontinue the action without prejudice.…
Staubi v. C. P. Chemical Co. Page 42654
— In an action to recover damages sounding in strict products liability, negligence and fraud, C.…
Willis v. City of New York Page 42655
— In a negligence action to recover damages for personal injuries, etc., the plaintiffs and corporate defendants separately appeal from an order of the Supreme Court, Kings County (Shaw, J.), dated May 7, 1984, which granted the defendant City of New York’s motion for leave to amend its answer and dismissed the…
Albanese v. Popolizio Page 42656
— In a proceeding pursuant to CPLR article 78 to review a determination of respondent which fined petitioner $320, expelled him from the Rent Stabilization Association as to the apartment unit in question and placed that apartment under rent control, petitioner appeals from a judgment of the Supreme Court, Kings…
Kramer v. Rosenberger Page 42657
— Proceeding pursuant to CPLR article 78 to compel the respondent Ernst H.…
Martinez v. Coughlin Page 42658
— In a proceeding pursuant to CPLR article 78 to review a determination dated December 31, 1981, which, after a superintendent’s hearing, found petitioner guilty of certain violations of the inmate rule book, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Delaney, J.), dated June 20, 1983…
— Proceeding pursuant to CPLR article 78 to review a *750determination of the respondent Board of Education, Kings Park Central School District (school board), dated June 2, 1983, which, after review of the hearing record, found petitioner guilty of certain charges and dismissed him from his employment.…
Proceeding pursuant to section 298 of the Executive Law for enforcement of an order of the New York State Commissioner of Human Rights, dated August 31,1983, which, inter alia, ordered respondent to cease and desist from sexually harassing or discriminating against any employees on the basis of sex, and to pay…
People v. Anderson Page 42661
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 10, 1982, convicting him of robbery in the first degree, robbery in the second degree (two counts), and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Baldo Page 42662
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered October 29, 1983, convicting her of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Bangert Page 42663
— Appeals by defendant from two judgments of the County Court, Suffolk County (Mallon, J.), both rendered May 3, 1984, convicting him of manslaughter in the second degree and bail jumping in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Benitez Page 42664
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered May 12, 1983, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Boyce Page 42665
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 15, 1983, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 42666
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered May 12,1982, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Collier Page 42667
— Appeal by defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered July 1, 1982, convicting him of criminal sale of a controlled substance in the third degree and attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Columbo Page 42668
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered March 31, 1983, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Cornelius Page 42669
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered July 15, 1980, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Delaremore Page 42670
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered January 31, 1983, convicting him of robbery in the *758first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Donaldson Page 42671
— Appeals by defendant from two judgments of the Supreme Court, Queens County (Agresta, J.), both rendered November 19,1981, convicting him of robbery in the first degree and burglary in the second degree, upon a jury verdict, and of manslaughter in the first degree, upon his plea of guilty, and imposing sentences.…
People v. Encarnacion Page 42672
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered November 11,1981, convicting him of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Grisby Page 42673
— Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered February 14, 1984, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Hamilton Page 42674
— Appeals by defendant from (1) a judgment of the Supreme Court, Kings County (Kay, J.), rendered October 5, 1981, convicting him (on indictment No. 142/81) of robbery in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence; and (2) a judgment of the same court, also rendered…
People v. Harris Page 42675
— Appeals by defendant from (1) a judgment of the Supreme Court, Queens County (Dubin, J.), rendered May 18, 1977, convicting him of robbery in the first degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence, and (2) an order of the same court, dated…
People v. Jackson Page 42676
— Appeal by defendant from three judgments of the Supreme Court, Kings County (Egitto, J.), all rendered April 19, 1983, convicting him of three counts of burglary in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Jalah Page 42677
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered December 16, 1981, convicting him of robbery in the first degree (12 counts), robbery in the second degree (six counts), criminal use of a firearm in the first degree (two counts), criminal possession of a weapon in the…
People v. Johnson Page 42678
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered April 15, 1983, convicting him of robbery in the second degree, after a nonjury trial, and sentencing him, as a persistent felony offender, to a term of imprisonment of 15 years to life.…
People v. Juniewicz Page 42679
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered January 6, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Kanelos Page 42680
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered September 17, 1981, convicting him of murder in the second degree, manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. McClain Page 42681
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered February 23, 1982, convicting him of robbery in the second degree and criminal possession of stolen property in the third degree upon a jury verdict, and imposing sentence.…
People v. McCright Page 42682
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered November 16, 1983, convicting him of two counts of operating a motor vehicle while under the influence of alcohol, upon a jury verdict, and imposing sentence.…
People v. Nocera Page 42683
— Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered December 5, 1980, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Ramos Page 42684
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered March 18, 1981, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Reyes Page 42685
— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered •July 30, 1981, convicting him of murder in the second degree (two counts) and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Rhodes Page 42686
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered October 13, 1981, convicting him of burglary in the third degree, grand larceny in the third degree, criminal possession of stolen property in the second degree, criminal possession of a controlled substance in the seventh…
People v. Richardson Page 42687
— Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered January 6, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Ruiz Page 42688
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered December 15,1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Samuels Page 42689
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered February 23, 1983, convicting him of robbery in the first degree, robbery in the second degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Starrett Page 42690
— Judgment of the County Court, Suffolk County (Namm, J.), rendered February 18, 1983, affirmed.…
People v. Streets Page 42691
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), *772rendered January 20, 1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Thomas Page 42692
— Appeal by defendant from a judgment of the County Court, Suffolk County (Harris, J.), rendered November 5, 1982, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Thompson Page 42693
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered April 13,1982, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Tillman Page 42694
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered January 6,1982, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Vaughan Page 42695
— Appeals by defendant from two judgments of the Supreme Court, Queens County (Kellam, J.), both rendered October 5, 1983, convicting him of burglary in the third degree (two counts), upon his pleas of guilty, and imposing sentences.…
People v. Waytes Page 42696
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered June 11, 1982, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.…
People ex rel. Bankhead v. Hammock Page 42697
— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Palella, J.), dated January 3,1983, which dismissed the petition and denied the writ.…
— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Queens County (Agresta, J.), dated May 13, 1983, which dismissed the writ.…
In re Monaghan Page 42699
— Motion by the Grievance Committee for the Second and Eleventh Judicial Districts to suspend the respondent, Peter J.…
In re Rabkin Page 42700
— Application by the Grievance Committee for the Second and Eleventh Judicial Districts, to punish Michael F.…
Art Guild Gallery, Inc. v. Charmack Page 42701
— In an action, inter alia, to recover the value of goods sold and delivered, plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 18,1983, which, sua sponte, dismissed their complaint, with prejudice, due to counsel’s failure to appear on a “day certain” fixed for the…
Borg v. Borg Page 42702
— In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Rigler, J.), dated July 15, 1983, as granted the plaintiff husband a divorce on the ground of *778cruel and inhuman treatment, awarded him certain household items and personal…
Bromberg v. Morton V. Ellish, Inc. Page 42703
— In an action, inter alia, to declare that plaintiffs have littoral rights to a certain lake, defendants appeal from an order of the Supreme Court, Rockland County (Stolarik, J.), entered April 19, 1983, which, after a hearing, denied their motion pursuant to CPLR 6514 (subd [c]) for an award of costs and expenses.…
Bykofsky v. Hess Page 42704
— In an action pursuant to section 1983 of title 42 of the United States Code challenging defendants’ failure to renew plaintiff’s employment contract for an administrative position at Brooklyn College for the 1981-1982 school year as a deprivation of his constitutional rights to procedural and substantive due…
Cable v. IBM Corp. Page 42705
— Order of the Supreme Court, Dutchess County (Edelstein, J.), entered November 24, 1983, affirmed, with costs (see Thompson v Maimonides Med.…
Carlton v. Williamsburgh Savings Bank Page 42706
— In a negligence action to recover damages for property loss, defendant appeals from a judgment of the Supreme Court, Kings County (Shaw, J.), entered December 2, 1983, which, upon a jury verdict, was in favor of plaintiff.…
— In an action, inter alia, to enjoin a former employee from procuring and soliciting sales from plaintiff’s customers, defendant appeals from an order of the Supreme Court, Westchester County (Burchell, J.), entered June 11, 1984, which granted plaintiff’s motion for a preliminary injunction to the extent of…
Celifarco v. Command Bus Co. Page 42708
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Scholnick, J.), dated August 2,1983, which conditionally granted defendant’s motion to vacate a default judgment, and (2) a further order of the same court, dated November 3…
Chachkes v. Chachkes Page 42709
— In a matrimonial action, the plaintiff husband appeals, as limited by his brief, (1) from so much of an order of the Supreme Court, Westchester County (Martin, J.), dated March 15, 1984, as granted defendant’s motion for spousal maintenance pendente lite, ordering him to pay all expenses reasonably connected with…
Conyers v. Vinti Page 42710
— In an action, inter alia, to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered May 12, 1982, which was in favor of defendant, upon a jury verdict.…
DeOlden v. State Page 42711
— In a claim to recover damages for personal injuries, etc., claimants appeal, as limited by their brief, (1) from so much of an order of the Court of Claims (Lengyel, J.), entered September 26, 1983, as limited the extent of available disclosure regarding items Nos. 3, 9, 10, 12, 18, 26 and 28 of their notice for…
— In an action to recover damages for false imprisonment and battery, plaintiff appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated November 14, 1983, which conditionally precluded her from introducing the medical testimony, records and/or reports of Dr. Karl O.…
Fox v. Fox Page 42713
— In a matrimonial action, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (DeLuca, J.), dated December 21,1983, as directed her to delete the last paragraph from a proposed mortgage note and paragraph 20 from a proposed mortgage which *792were to be…
Frimmerman v. Bernstein Page 42714
In a medical malpractice action, defendant Melvin Moore appeals from an order of the Supreme Court, Kings County (Lodato, J.), dated March 8, 1984, which denied his motion for summary judgment as to him.…
Gellman v. Kay Page 42715
— In a proceeding to enforce visitation rights, petitioner appeals from an order of the Family Court, Rockland County (Stanger, J.), dated July 2,1984, which pursuant to section 75-h of the Domestic Relations Law directed that the proceeding be transferred to the Juvenile and Domestic Relations Court of Essex County…
Henriquez v. Board of Education Page 42716
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated April 7, 1983, which was in favor of the defendant, upon a jury verdict.…
— In two actions arising out of the same motor vehicle accident, to recover damages, inter alia, for wrongful death, Leaseway of Eastern New York, Inc., Glen Mohawk Dairy, Inc., and Arthur T.…
— In an action to recover the value of goods sold and delivered, defendant appeals from an order of the Supreme Court, Suffolk County (DeLuca, J.), entered December 2,1982, which denied its motion pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss the complaint.…
Ninth Federal Savings & Loan Ass'n v. Yelder Page 42719
— In an action to foreclose a mortgage, defendants appeal from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), dated August 18, 1983, as upon granting reargument of their motion to vacate a judgment of foreclosure and to set aside the sale of property, adhered to the original determination…
Preston v. Preston Page 42720
— In a matrimonial action, defendant husband appeals from an order of the Supreme Court, Westchester County (Marbach, J.), entered July 15, 1983, which denied his motion for an order directing a hearing to determine the fair market value of the parties’ marital residence.…
Simino v. St. Mary's Hospital Page 42721
— In a medical malpractice action, defendant Chokski and Mahaderia appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated August 19, 1983, as granted plaintiffs’ cross motion for leave to amend their bill of particulars.…
Swartz v. Karlan Page 42722
— In an action to recover damages for medical malpractice, defendant Samuel C.…
— Proceeding pursuant to section 298 of the Executive Law to review an order of the respondent State Human Rights Appeal Board dated December 30, 1983, which affirmed a determination of the State Division of Human Rights which dismissed petitioner’s complaint of two unlawful discriminatory practices.…
Weisman v. Weisman Page 42724
— The appeals are from (1) so much of an order of the Family Court, Kings County (Deutsch, J.), dated August 3, 1983, as declined to exercise jurisdiction over a proceeding by the paternal grandparents, pursuant to section 651 of the Family Court Act, for visitation with their grandchildren; (2) an order of the same…
Wheeler v. Wheeler Page 42725
— In a matrimonial action, defendant husband appeals (1) as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Isseks, J.), dated June 17, 1983, as assessed child support arrears against him in the amount of $17,900, and (2) a judgment of the same court, dated July 6, 1983, which…
Lolita B. v. Lewis T. Page 42726
— In a paternity proceeding, the appeals are from (1) an order of the Family Court, Queens County (Greenbaum, J.), dated January 27,1984, which, after a hearing, adjudged appellant to be the father of petitioner’s child, and (2) an order of the same court dated March 27, 1984, which directed him to pay child support.…
Cruz v. Christian Page 42728
— In a proceeding pursuant to CPLR article 78 to review a determination of respondent dated January 20,1982, which, after a hearing, placed petitioners on general probation for one year upon the condition that petitioners permanently remove a dog from their apartment, petitioners appeal from a judgment of the Supreme…
In re Fontana D'Oro Foods, Inc. Page 42729
— In a proceeding for the judicial dissolution of a domestic corporation, the appeal is from an order of the Supreme Court, Richmond County (Goldberg, J.), dated January 9, 1984, which, inter alia, denied the motion of appellant Salvatore Agosta to have the court execute certain documents effectuating the sale of his…
Larsen v. Canary Page 42730
— In a proceeding pursuant to article 16 of the Election Law, Albert Krupski, Jr., appeals from a judgment of the Supreme Court, Suffolk County (Baisley, J.), dated November 21, 1984, which, inter alia, in effect, declared that petitioner Ellen M.…
In re the Estate of Steinberg Page 42731
In a proceeding pursuant to SCPA 2103, the appeal is from a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated July 5, 1983, which, after a nonjury trial, inter alia, adjudged that the proceeds, with accrued interest thereon, of two bank accounts constitute assets of the decedent’s estate.…
People v. Balan Page 42732
— Appeal by the People from an order of the Supreme Court, Queens County (Di Tucci, J.), dated *812February 3,1984, which granted defendant’s motion pursuant to CPL 440.10 to vacate his judgment of conviction on the grounds of newly discovered evidence and in the interest of justice, and ordered a new trial.…
People v. Baveghems Page 42733
Appeal by defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered July 12,1983, convicting bim of criminal possession of stolen property in the second degree and criminal impersonation in the second degree, upon a jury verdict, and imposing sentence.…
People v. Boccio Page 42734
— Appeals by defendant from four judgments of the Supreme Court, Richmond County (Felig, J.), all rendered May 10, 1983, convicting him of burglary in the second degree, criminal possession of stolen property in the second degree, grand larceny in the third degree, criminal mischief in the fourth degree (three…
People v. Bryant Page 42735
— Appeal by defendant from a judgment of the County Court, Nassau County (Collins, J.), rendered May 5, 1981, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Carrasquillo Page 42736
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered June 22, 1981, convicting him of murder in the second degree, robbery in the first degree, and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People v. Colon Page 42737
— Judgment of the Supreme Court, *818Kings County (Clemente, J.), rendered October 14, 1982, affirmed (People v Harris, 61 NY2d 9; People v Pellegrino, 60 NY2d 636; People v Cates, 104 AD2d 895; People v Morse, 62 NY2d 205).…
People v. Crawford Page 42738
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered October 4, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of 2Vfe to IV2 years’ imprisonment.…
People v. Daniels Page 42739
— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Marasco, J.), rendered May 14, 1982, convicting him of two counts of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Donald Page 42740
— Appeal by defendant (1) from a judgment of the Supreme Court, Suffolk County (Canudo, J.), *819rendered March 10,1980, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the same court (D’Amaro, J.), dated January 19, 1984, which…
People v. Georgens Page 42741
— Appeal by defendant from a judgment of the County Court, Nassau County (Márchese, J.), rendered June 25, 1982, convicting him of criminal sale of a controlled substance in the second degree, criminal sale of a controlled substance in the third degree (two counts), criminal sale of a controlled substance in the fifth…
People v. Glover Page 42742
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Rigler, J.), rendered March 5,1982, convicting him of attempted rape in the first degree, assault in the second and third degrees, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Lowery Page 42743
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered April 27,1983, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Mack Page 42744
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered October 28,1981, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Massei Page 42745
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered December 8, 1981, convicting him of attempted murder in the second degree, rape in the first degree (three counts), sodomy in the first degree (two counts), unlawful imprisonment in the first degree and endangering the…
People v. Matos Page 42746
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered February 26,1981, convicting him of murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Ortiz Page 42747
— Appeal by. defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered December 8, 1981, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Owens Page 42748
Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered November 17, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Perez Page 42749
— Appeal by the People from an order of the Supreme Court, Kings County (Krausman, J.), *826dated April 28, 1983, which granted defendant’s motion to suppress physical evidence on the ground that it was seized by means of an illegal search.…
People v. Pippins Page 42750
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered July 8, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Rodriguez Page 42751
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Buschmann, J.), rendered February 5, 1982, convicting him of attempted robbery in the first degree, after a nonjury trial, and imposing sentence.…
People v. Salamino Page 42752
— Appeal by the People from an order of the Supreme Court, Queens County (Beerman, J.), dated November 14,1983, which, after a hearing, granted defendant’s motion to suppress certain physical evidence.…
People v. Scott Page 42753
— Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered December 22, 1980, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.…
People v. Singleton Page 42754
— Appeals by the defendant from three judgments of the Supreme Court, Queens County (Pitaro, J.), all rendered December 9,1983, convicting him of robbery in the third degree, robbery in the second degree, and attempted robbery in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Swanton Page 42755
— Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered December 20, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Willis Page 42756
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered July 20, 1982, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Wilson Page 42757
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered January 24, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Wood Page 42758
— Appeal by defendant from a judgment of the County Court, Dutchess County (Aldrich, J.), rendered November 9,1979, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Yarrish Page 42759
— Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered July 15, 1982, convicting him of criminal use of a child in a sexual performance, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 2Vs to 7 years.…
People v. Zipkin Page 42760
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J.), rendered March 20, 1981, convicting him of criminal possession of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.…
People ex rel. Dakin v. Headly Page 42761
— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Sullivan, J.), entered June 21,1983, which dismissed the proceeding.…
People ex rel. Lombardi v. LeFevre Page 42762
Application, pursuant to CPLR 7002 (subd [b], par 2) for writ of habeas corpus denied (see People ex rel.…
Westfall v. Westfall Page 42763
— Motion for permission to appeal to this court from order of Family Court, Cortland County, dated October 22, 1984, denied as unnecessary, without costs (Family Ct Act, § 1112).…
People v. Lewis Page 42764
— Appeal from a judgment of the County Court of Delaware County (Farley, J.), rendered June 9, 1980, upon a verdict convicting defendant of the crimes of murder in the second degree (one count), manslaughter in the second degree (one count), attempted burglary in the second degree (one count), burglary in the third…
People v. Brown Page 42765
— Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered April 2,1982, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.…
People v. Talbert Page 42766
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered January 4, 1983, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the fourth degree.…
People v. Bess Page 42767
— Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered February 25, 1983, upon a verdict convicting defendant of the crime of burglary in the third degree.…
People v. Ferrante Page 42768
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered May 4, 1983, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.…
People v. Schelling Page 42769
— Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered July 6, 1983, convicting defendant upon his plea of guilty of the crime of reckless endangerment in the first degree.…
Calkins v. Perales Page 42770
Appeal from a judgment of the Supreme Court at Special Term (Williams, J.), entered July 25, 1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of the State Department of Social Services declaring petitioner…
People v. Rezey Page 42771
— Appeals from judgments of the County Court of Albany County (Harris, J.), rendered November 4, 1983, convicting defendants Joseph A.…
People v. Pantusco Page 42772
— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered October 17, 1983, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent Public Service Commission which, inter alia, upheld respondent Long Island Lighting Company’s decision to terminate street lighting…
Brennan's Bus Service, Inc. v. Brennan Page 42774
— Appeal from a judgment of the Supreme *859Court in favor of plaintiff, entered October 20, 1983 in Albany County, upon a decision of the court at Trial Term (Pennock, J.), without a jury.…
— Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 24, 1984 in Greene County, which, inter alia, denied defendants’ motion to vacate a default judgment against them.…
Heroux v. Page Page 42776
— Appeal (1) from an order of the Supreme Court at Special Term (Cobb, J.), entered November 25,1983 in Saratoga County, which, inter alia, granted plaintiff’s motion for summary judgment, and (2) from the judgment entered thereon.…
Fairbairn v. State Page 42777
— Appeal from an interlocutory judgment in favor of claimants on the issue of liability, entered October 3,1983, upon a decision of the Court of Claims (Hanifin, J.).…
Catti v. W. E. Bryant's, Inc. Page 42778
— Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered September 28, 1983 in Ulster County, which, inter alia, granted defendant’s motion to dismiss the complaint and for summary judgment on its counterclaims.…
Willis v. Willis Page 42779
— Cross appeals from a judgment of the Supreme Court ordering equitable distribution of the parties’ marital property, entered December 13, 1983 in Tompkins County, upon a decision of the court at Trial Term (Bryant, J.), without a jury.…
Tracz v. Schafer Page 42780
— Appeal from a judgment of the Supreme Court in favor of plaintiff, entered January 26,1984 in Warren County, upon a decision of the court at Trial Term (Ford, J.), without a jury.…
Hutchins v. Utica Mutual Insurance Page 42781
— Cross appeals from an order of the Supreme Court at Special Term (Amyot, J.), entered March 2, 1984 in Franklin County, which partially granted defendants’ motion for summary judgment.…
In re the Estate of Greatsinger Page 42782
— Appeal from that part of an order of the Surrogate’s Court of Chemung County (Monroe, S.), entered October 18, 1983, which granted an allowance for counsel fees.…
Howes v. Chu Page 42783
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained an unincorporated business income tax assessment imposed under article 23 of the Tax Law.…
People v. Wagstaff Page 42784
— Appeal from an order of the County Court of St. Lawrence County (Duskas, J.), entered March 6, 1984, which granted defendants’ motions to suppress evidence and dismiss the indictment.…
Albany Housing Authority v. State Page 42785
— Appeal from an order of the Court of Claims (Murray, J.), entered December 19, 1983, which granted the State’s motion to dismiss the claim.…
Klesitz v. New York State Tax Commission Page 42786
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to *881review a determination of the State Tax Commission which sustained a personal income tax assessment imposed pursuant to article 22 of the Tax Law.…
In re the Claim of Iacobelli Page 42787
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 30, 1984, which ruled that claimant was ineligible to receive benefits and charged her with a recoverable overpayment of benefits.…
In re the Claim of Ostrove Page 42788
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1984, which ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.…
David M. v. Dwyer Page 42789
— Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from obtaining blood and hair samples of petitioner.…
In re Sablosky Page 42790
— Motion by petitioner to suspend respondent from the practice of law based upon his conviction in the United States District Court for the District of South Dakota on August 20, 1984, upon his plea of guilty of the felonies of conspiracy in violation of section 371 of title 18 of the United States Code (one count)…
— Application by petitioner for disclosure of certain documents relating to the February, 1984 Bar examination denied, without costs and without prejudice to renewal (see Matter of Kachadourian v New York State Bd.…
People ex rel. Guevara v. Jones Page 42792
— Application, pursuant to CPLR 7002 (subd [b], par 2) for writ of habeas corpus denied (see People ex rel.…
People ex rel. Kirksey v. LeFevre Page 42793
— Application, pursuant to CPLR 7002 (subd [b], par 2) for writ of habeas corpus denied (see People ex rel.…
Hudson City Savings Institution v. Burton Page 42794
— Motion to vacate order pursuant to CPLR 5704 denied, without costs.…
Eaton v. Beach Page 42795
— Motion, pursuant to 22 NYCRR 800.12 of the Rules of Practice, for extension of time to perfect appeal deemed abandoned denied, without costs, and appeal dismissed as academic.…
Decker v. Coughlin Page 42796
— Motion for permission to proceed as a poor person, treated as an application, pursuant to CPLR 5704 (subd [a]), to review an order of Supreme Court at Special Term, which denied an ex parte *888petition in a proceeding pursuant to CPLR article 78 on the merits and dismissed the proceeding.…
In re Capoccia Page 42797
— Petitioner moves to confirm in part and to disaffirm in part the report of the referee to whom the issues were referred in this attorney disciplinary proceeding.…
People v. Van Denburg Page 42798
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered August 19, 1982, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.…
People v. Ward Page 42799
— Appeal from a judgment of the County Court of Schenectady County (Stroebel, Jr., J.), rendered November 10, 1982, upon a verdict convicting defendant of the crimes of attempted robbery in the second degree and criminal possession of a weapon in the second degree.…
People v. La Forge Page 42800
— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered July 11, 1983, upon a verdict convicting defendant of the crime of robbery in the third degree.…
People v. Crandall Page 42801
— Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered February 9, 1984, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.…
In re Broome County Bar Ass'n Page 42802
— Application by petitioner for order pursuant to section 806.11 of this court’s rules (22 NYCRR), appointing an attorney to inventory respondent’s files and take appropriate action to protect the interests of his clients, denied, on the ground that the papers filed in support of the application fail to establish…
People ex rel. Homer v. Post Page 42803
— It appearing that petitioner has been *938released from custody, application, pursuant to CPLR 7002 (subd [b], par 2), for writ of habeas corpus, denied.…
People v. Joy Page 42804
— Appeal from a judgment of the County Court of Chenango County (Monserrate, J.), rendered November 19, 1982, upon a verdict convicting defendant of the crime of grand larceny in the third degree.…
People v. Brody Page 42805
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered January 13, 1983, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.…
People v. Asch Page 42806
— Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered May 11,1983, upon a verdict convicting defendant of the crimes of burglary in the second degree and grand larceny in the third degree.…
People v. Irving Page 42807
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 8, 1983, upon a verdict convicting defendant of the crimes of rape in the first degree (one count), attempted sodomy in the first degree (two counts) and robbery in the second degree (one count).…
People v. Wilson Page 42808
— Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered September 2, 1983, upon a verdict convicting defendant of two counts of the crime of grand larceny in the third degree.…
People v. Johnson Page 42809
— Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered May 5, 1983, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.…
Cattaraugus County Nursing Home v. Axelrod Page 42810
Appeals from two judgments of the Supreme Court at Special Term (Torraca, J.), entered October 17, 1983 and January 10, 1984 in Albany County, which granted petitioners’ applications, in proceedings pursuant to CPLR article 78, to annul certain retroactive Medicaid reimbursement rate determinations of the Commissioner…
Conner v. J. I. Case Co. Page 42811
— Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Division of Human Rights, dated May 31, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on sex.…
— Proceeding initiated in this court pursuant to section 298 of *955the Executive Law to review two determinations of the State Division of Human Rights, dated June 23, 1983, which dismissed petitioner’s complaints of unlawful discriminatory practices based on age and race.…
Pritchette v. Trice-Juron Ford, Inc. Page 42813
— Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Division of Human Rights, dated November 21, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on physical disability.…
Kestenbaum v. State Tax Commission Page 42814
— Proceeding pursuant to CPLR *956article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a personal income tax assessment imposed pursuant to article 22 of the Tax Law.…
Hansen v. City of Gloversville Page 42815
— Appeal from a judgment of the Supreme Court at Special Term (Mercure, J.), entered May 4, 1984 in Fulton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the City of Gloversville dismissing petitioner from his employment with the Gloversville…
In re the Claim of Marquez Page 42816
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 26, 1983, which ruled that claimant was disqualified from receiving benefits because she lost her employment due to misconduct.…
Dunnigan v. Ambach Page 42817
— Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered May 9, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the determination of the Commissioner of Education dismissing petitioner from her employment as a tenured…
People v. Sutton Page 42818
— Appeal from a judgment of the County Court of Greene County (Battisti, Jr., J.), rendered July 26,1983, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.…
In re Glavin Page 42820
— In this disciplinary proceeding respondent, an Albany attorney admitted to practice in this department in 1929, is charged with one count of misconduct arising out of an April 6, 1984 letter which he sent to an individual who had apparently done some unsatisfactory repair work at the home of one of his clients.…
People v. Aucter Page 42821
— Judgment unanimously affirmed. Memorandum: In our view, the court’s instruction on the issue of identification was sufficiently detailed to enable the jury to apply the correct rules of law.…
People v. Redman Page 42822
— Judgment unanimously reversed, on the law, motion to suppress statement made on March 12, 1979 granted and new trial granted.…
People v. Daumen Page 42823
— Judgment unanimously affirmed. Memorandum: Even though the question of the existence of probable cause was not pursued during the suppression hearing and the issue has not been preserved for appellate review (People v Adams, 57 NY2d 1035, 1037; People v Jones, 81 AD2d 22), we reach the merits and find that the…
Aetna Life & Casualty Co. v. Duthie Page 42824
— Order unanimously modified, on the law, to grant summary judgment to defendant and, as modified, affirmed, with costs to defendant.…
Judgment unanimously reversed, on the law, with costs, and summary judgment granted to plaintiff, in accordance with the following memorandum: Defendant, a public authority, advertised for bids in connection with the construction of a bus garage in the City of Syracuse.…
Caulfield v. Improved Risk Mutuals, Inc. Page 42826
— Judgment reversed, on the law, with costs, and summary judgment granted, in accordance with the following memorandum: In this declaratory judgment action plaintiffs, purchasers of real property from the Freddie Thomas Foundation, Inc., a not-for-profit corporation, seek to fix responsibility for a fire loss which…
Rifenburg v. Liffiton Homes, Inc. Page 42827
— Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, *1016for further proceedings in accordance with the following memorandum: Following service of the summons upon defendant corporation pursuant to section 306 of the Business Corporation Law, and the subsequent entry of a…
Mauro v. Travelers Insurance Page 42828
— Judgment unanimously affirmed, with costs.…
Barron v. Getnick Page 42829
Judgment unanimously vacated, on the law, without costs, determination annulled and petition dismissed.…
Wanamaker v. Pietraszek Page 42833
— Judgment unanimously reversed, on the law and facts, without costs, and new trial granted on the issue of damages only.…
People v. Landers Page 42834
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction for arson in the third degree (Penal Law, § 150.10) following a nonjury trial, defendant contends that the evidence was legally insufficient to sustain the verdict and that the trial court erred in not treating a key prosecution…
People v. Mack Page 42835
— Judgment affirmed. Memorandum: On appeal from his conviction for robbery, first degree, and criminal possession of a weapon, third degree, defendant contends that the trial court erred in holding admissible the contents of a telephone conversation in which he made an incriminating statement.…
— Order unanimously affirmed, with costs to respondent Castiglia.…
Muscoreil v. Pool Mart, Inc. Page 42837
Order unanimously modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Plaintiffs appeal from an order directing the infant plaintiff “to appear upon notice for oral examination before trial which…
Determination unanimously confirmed and petition dismissed, without costs (see State Div.…
Steigerwald v. Dean Witter Reynolds, Inc. Page 42839
— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred in granting defendants’ motion for summary judgment dismissing the complaint.…
— Determination unanimously confirmed and petition dismissed, without costs (see State Div.…
Cangemi v. Cole Page 42841
— Order unanimously reversed, on the law, without costs, and defendant’s motion granted.…
Joy v. Brower Page 42842
Judgment unanimously affirmed, with costs.…
Hopkins v. City of Buffalo Page 42843
— Judgment unanimously reversed, on the law, with costs, and petition granted, in accordance with the following memorandum: Petitioner, the business manager of the International Union of Operating Engineers, *1029commenced this CPLR article 78 proceeding after the City of Buffalo denied his request pursuant to the…
People v. Mason Page 42844
— Judgment unanimously affirmed (see People v Smith, 66 AD2d 988).…
De Crisci v. P & C Food Markets, Inc. Page 42845
— Order unanimously affirmed, with costs.…
—Judgment unanimously reversed, on the law, without costs, and summary judgment granted declaring plaintiff an insured person under the policy issued by defendant Liberty Mutual Insurance Company.…
— Order, insofar as appealed from, unanimously reversed, on the law, without costs, and defendant bank’s motion for summary judgment granted.…
— Determination unanimously confirmed and petition dismissed, without costs (see State Div.…
Benefit Trust Life Insurance v. Rowland Page 42849
— Order unanimously modified, on the law, to grant summary judgment to plaintiff in accordance with memorandum and, as modified, affirmed, without costs.…
Xerox Corp. v. Town of Webster Page 42850
— Judgment unanimously modified, on the law, by deleting the first adjudging paragraph and, as modified, affirmed, without costs.…
Savino v. Bradford Central School District Page 42851
— Order unanimously affirmed, with costs, for reasons stated at Special Term, Ellison J.…
— Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: In this mortgage foreclosure action *1037Special Term correctly denied the motions for a deficiency judgment (RPAPL 1371) but erred in directing plaintiff to pay the St. Paul Fire…
— Order unanimously reversed, without costs; defendants’ motion and cross motio.ns denied; plaintiff’s cross motion for a protective order granted, but in all other respects plaintiff’s cross motion denied.…
People v. Herrera Page 42854
— Judgment unanimously affirmed. Memorandum: Defendant, a Cuban citizen, argues that his guilty plea to a class A-II felony was not voluntarily and intelligently made because of his unfamiliarity with the English language.…
People v. Adams Page 42855
— Judgment unanimously affirmed. Memorandum: On appeal from a judgment based upon convictions for murder in the second degree and related offenses, defendant’s principal argument is that he was denied a fair trial because the prosecutor knowingly allowed two chief witnesses to lie.…
People v. Burgos Page 42856
— Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction after a jury trial for burglary, second degree (two counts), sodomy, first degree, sexual abuse, first degree, and assault, second degree, arising from an attack on a woman in her apartment.…
— Determination unanimously confirmed and petition dismissed, without costs.…
Schrempf v. State Page 42858
— Judgment affirmed, with costs. All concur, except Boomer, J., who dissents and votes to reverse, in the following memorandum.
— Order, insofar as appealed from, unanimously reversed, without costs, and defendant’s motion for protective order granted.…
— Appeal and cross appeal unanimously dismissed as moot, without costs.…
People v. Sawyer Page 42861
— Judgment unanimously affirmed. Memorandum: Defendant was convicted of murder, robbery and burglary.…
People v. Williams Page 42862
— Judgment unanimously affirmed. Memorandum: Defendant challenges his sentence as a second felony offender based on a claim that, at the time of his guilty plea to the predicate felony, there was no plea allocution.…
Crocker v. State Page 42863
— Judgment unanimously affirmed, without costs, on the opinion at Court of Claims, McMahon, J.…
Maricich v. Maricich Page 42864
— Order and judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with Malta v Malta (87 AD2d 988).…
Van DeMark Chemical Co. v. Williams Page 42865
— Determination unanimously confirmed and petition dismissed, without costs.…
Grisoff v. Nicoletta Page 42866
— Judgment unanimously reversed, on the *1048law, with costs, and a new trial granted.…
Appeal unanimously dismissed, without costs, as moot.…
— Order unanimously affirmed, with costs.…
Judgment unanimously reversed, on the law, with costs, and petition granted in accordance with the following memorandum: Special Term erred in dismissing petitioner’s CPLR article 78 petition.…
People v. Izydorczak Page 42870
— Judgment unanimously affirmed. Memorandum: On appeal from a judgment upon conviction of assault in the second degree (Penal Law, § 120.05, subd 2), defendant contends that the trial court abused its *1051discretion in receiving into evidence three photographs, taken in a hospital emergency room, which depict head…
People v. Bockeno Page 42871
— Judgment unanimously affirmed. Memorandum: Defendant’s conviction of sexual abuse of his three children, all of whom were less than 12 years old at the time of trial, rests solely on their testimony.…
People v. Fasano Page 42872
— Judgment unanimously reversed, on the law and facts, and new trial granted.…
In re Ronald C. Page 42873
— Order unanimously reversed, on the law and facts, and petition dismissed, without costs.…
— Order entered May 18, 1984 unanimously affirmed, with costs.…
Callesto v. Williams Page 42875
— Order unanimously affirmed, without costs.…
Robert Cole Trucking Co. v. Old Republic Co. Page 42876
— Judgment unanimously reversed, with costs, and motion denied.…
— Determination unanimously confirmed and petition dismissed, without costs.…
People v. Frank Page 42878
— Judgment unanimously affirmed. Memorandum: On appeal from his conviction for burglary, second degree, and grand larceny, second degree, after a retrial, defendant contends that he was improperly denied the minutes of the first trial, to which he claims he was entitled under CPL 240.45 and People v Rosario (9 NY2d…
People v. Murphy Page 42879
— Judgment unanimously affirmed. Memorandum: Upon our review of the evidence in its totality and in the light most favorable to the People (People v Kennedy, 47 NY2d 196, 201-203; People v Benzinger, 36 NY2d 29, 32), we find the evidence, although circumstantial in nature, legally sufficient to sustain defendant’s…
People v. Willis Page 42880
— Judgment reversed, on the law, and indictment dismissed, with leave to the People to resubmit appropriate charges to another Grand Jury.…
People v. Wraggs Page 42881
— Judgment unanimously affirmed. Memorandum: In view of the overwhelming evidence of defendant’s guilt, the prosecutor’s isolated reference to defendant’s incarceration in Attica for a prior conviction, although improper, does not require reversal of his conviction (see People v Crimmins, 36 NY2d 230).…
— Order and judgment unanimously affirmed, without costs, and motion to amend notice of appeal granted.…
Franz v. Franz Page 42883
— Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In her appeal from a judgment of divorce plaintiff maintains, inter alia, that the court erred in rejecting her contention that the separation agreement should be set aside in *1061its entirety due…
— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In this CPLR article 78 proceeding respondent Town Board of the Town of Caledonia appeals and petitioner Monroe-Livingston Sanitary Landfill cross-appeals from an order at Special Term directing a…
Frederick v. Niagara Machine & Tool Works Page 42885
— Judgment unanimously modified by reinstating plaintiff’s first and fourth causes of action and the third-party action and granting a new trial on said causes of action and otherwise judgment affirmed, with costs to plaintiff.…
Pecorella v. Greater Buffalo Press, Inc. Page 42886
— Judgment unanimously reversed, on the law, with costs, and matter remitted to *1065Supreme Court, Orleans County, for further proceedings, in accordance with the following memorandum: On the previous appeal of this breach of contract action stemming from defendants’ failure to consummate a real estate purchase, we…
Nitto v. Kalisiak Page 42887
— Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.…
Emmick v. Enders Page 42888
Judgment affirmed. Memorandum: The respondent Parole Board did not violate any statutory right of the petitioner, nor did it fail to provide petitioner due process of law.…
People v. Bacon Page 42889
— Judgment unanimously affirmed. Memorandum: Defendant was convicted of raping an 18-year-old girl in the City of Rochester.…
— Judgment unanimously affirmed, *1070without costs (see Matter of Bell v Board ofEduc., 61 NY2d 149).…
— Judgment unanimously affirmed, without costs.…
Crittenden v. O'Hare Page 42892
— Determination unanimously confirmed and petition dismissed, without costs.…
Stalteri v. County of Monroe Page 42893
— Order unanimously reversed, on the law, without costs, and county defendants’ motion granted.…
Symonds v. Root Page 42894
— Order unanimously affirmed, without costs.…
Cwick v. City of Rochester Page 42896
— Order unanimously reversed, without costs, and motion denied.…
Cwick v. City of Rochester Page 42897
— Order unanimously affirmed, without costs.…
Cwick v. City of Rochester Page 42898
— Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term improperly granted summary *1077judgment dismissing the cause of action in negligence and the cross claim by the Joint Venture against Black & Veatch, an engineering firm hired…
Cwick v. City of Rochester Page 42899
— Order unanimously affirmed, without costs.…
— Judgment unanimously reversed, without costs, and petition dismissed, in accordance with the following memorandum: Respondent Evans-Brant Central School District appeals from a judgment which granted the CPLR article 78 petition of Joyce Tomaka, a senior clerk stenographer, to have a letter admonishing her for…
Liccione ex rel. Alguire v. Hartman Page 42901
— Order unanimously reversed, with costs, and petition dismissed.…
Machado v. Donalty Page 42902
— Application unanimously denied and petition dismissed, without costs.…
People v. Runion Page 42903
— Order unanimously reversed, on the law, motion denied and matter remitted to Supreme Court, Monroe County, for further proceedings on the indictment.…
Sawma v. Sample Page 42904
— Judgment unanimously affirmed, without costs.…
In re the Estate of Trower Page 42905
— Decree unanimously affirmed, without costs.…
— Determination unanimously modified and petition granted, in accordance with memorandum, and, as modified, determination confirmed and otherwise petition and cross petition dismissed, with costs to Hudson.…
Petrella v. O'Connor Page 42907
— Order and judgment affirmed, without costs.…
Verity v. Verity Page 42908
— Order unanimously reversed, on the law and facts, without costs, and petition dismissed.…
In re the Estate of Shannon Page 42909
— Decree reversed, without costs, and petition granted.…
Flaum v. Birnbaum Page 42910
Order, insofar as appealed from, unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: In the proceeding underlying this controversy, respondent stands charged with fraud, self-dealing and breach of fiduciary duties as coexecutor of the…
— Determination unanimously confirmed and petition *1089dismissed, without costs (see State Div.…
— Determination unanimously confirmed and petition dismissed, without costs (see State Div.…
Proceeding unanimously dismissed, without costs, upon stipulation.…
Law v. Rochester City School District Page 42914
— Order unanimously reversed, with costs, and motion granted.…
— Motion for reargument or, in the alternative, for leave to appeal to the Court of Appeals granted and question certified.…
In re La Bue Page 42916
— Order entered terminating suspension and reinstating petitioner as an attorney and counselor at law.…
Byork v. Cramer Page 42917
— (See Milone v General Motors Corp., 93 AD2d 999.) (Order entered Jan.…
People v. Pardo Page 42918
— Motion to change venue granted and indictment removed for trial from Oneida County Court to Supreme Court, Monroe County.…
People v. Murray Page 42919
— Motion to change venue of trial of indictment from Onondaga County denied.…
Andrew Catapano Co. v. City of New York Page 42924
— Order, Supreme Court, New York County (A.…
In re Wess Page 42937
OPINION OF THE COURT The respondent was admitted to practice by this court on March 30, 1949, under the name of Carl K.…
Bliss v. Bliss Page 42938
OPINION OF THE COURT In 1938 the Legislature amended Civil Practice Act § 1159, as now expressed in Domestic Relations Law § 248, to overcome the prior bar to termination of alimony where the spouse has remarried.…
In re Fassler Page 42943
OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, First Judicial Department, on September 25,1942.…
Kenford Co. v. County of Erie Page 42944
OPINION OF THE COURT This appeal presents for our review the extent to which plaintiffs may recover damages following defendant’s breach of contract.…
In re Hausen Page 42945
OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division, First Judicial Department, on June 10, 1953, under the name of Stanley Sherman Hausen.…
People v. Ifill Page 42946
OPINION OF THE COURT Defendant was charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree based upon an incident which occurred on October 19,1983.…
Muller v. State Page 42947
OPINION OF THE COURT Although the primary issue relates to the judicial power to impose tort liability for planning decisions of governmental agencies, also before us is a significant jurisdictional question raised by the New York State Thruway Authority (the Authority).…
OPINION OF THE COURT In 1979, the parties entered into an agreement whereby plaintiff agreed to purchase a parcel of property in Albany County from defendant.…
Burgos v. Coughlin Page 42949
OPINION OF THE COURT These CPLR article 78 proceedings were commenced by inmates at State correctional facilities to review disciplinary sanctions imposed by prison officials upon findings of misconduct made after unrelated superintendent’s proceedings.…
Cotter v. Manhattan Page 42950
OPINION OF THE COURT The instant action involves personal injuries sustained in an accident, which was allegedly caused by a malfunctioning cruise control system on a 1976 Mercedes-Benz (Mercedes) automobile, model number 300 D.…
Joyce v. Ortiz Page 42954
OPINION OF THE COURT At the time of the commencement of this CPLR article 78 proceeding, petitioners all held the title of Deputy Chief of the New York City Fire Department, a position which was in the direct line of promotion and immediately subordinate to that of Chief of the Department, the highest classified civil…
People v. Nieves Page 42955
OPINION OF THE COURT On this appeal from defendant’s conviction of manslaughter in the second degree, the central issue is presented by the contention that the trial court erroneously admitted into evidence statements of the deceased identifying the defendant as having stabbed her, statements made in a hospital to…
People v. Ramos Page 42956
OPINION OF THE COURT Defendant, acting pro se, seeks reargument of an appeal from a judgment of conviction which was affirmed by this court, *210without opinion (People v Ramos, 91 AD2d 1209, lv denied 58 NY2d 1122) and, alternatively, for leave to appeal from an order of the Supreme Court, Kings County, which denied…
People v. Allen Page 42959
Order, Supreme Court, New York County (Berkman, J.), entered November 21, 1983, granting defendant’s motion to dismiss the indictment on the ground that he had been denied his right to a speedy trial (CPL 30.30), reversed, on the law, motion denied, indictment reinstated and the matter remitted for further proceedings.…
People v. Little Page 42960
Judgment, Supreme Court, New York County (Haft, J.), rendered March 24, 1983, convicting defendant, upon his plea of guilty, of four counts of robbery in the first degree, kidnapping in the second degree, two counts of criminal possession of a weapon in the second degree and two counts of unlawful imprisonment in the…
Fernandez v. Mt. Sinai Hospital Page 42961
Order of the Supreme Court, New York County (Alvin Klein, J.), entered March 28, 1984, denying defendant’s motion to vacate the order of September 2, 1983, which granted plaintiff summary judgment; for rehearing and renewal of that motion; and to resettle or vacate the order dated November 25, 1983, holding New York…
Pastoriza v. State Page 42962
Order of the Court of Claims (Amann, J.), entered March 28, 1984, which denied defendant New York State’s cross motion to dismiss the complaint and granted plaintiff’s motion for summary judgment, modified, on the law, to deny plaintiff’s motion for summary judgment, and otherwise affirmed, without costs.…
Tesoro Petroleum Corp. v. Holborn Oil Co. Page 42963
Order of the Supreme Court, New York County (B.…
People v. Pabellon Page 42964
Judgment of the Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 28, 1983, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and sentencing him to an indeterminate term of 12% to 25 years’ incarceration, is modified, on the law, to the extent of reversing and…
Barrow v. Sadler Page 42965
Judgment, Supreme Court, Bronx County (Callahan, J.), entered on December 16, 1983, unanimously reversed, on the law and the facts, without costs and without disbursements, and a new trial ordered on the issue of damages only, unless plaintiff, within 20 days after service upon her attorney of a copy of the order to…
In re Patron Page 42966
Order, Supreme Court, New York County (Martin Stecher, J.), entered on May 10, 1984, order of said court (Leonard Cohen, J.) entered on June 26,1984, and order of said court (Martin Stecher, J.), entered on July 16, 1984 unanimously affirmed, without costs and without disbursements.…
People v. Sedletz Page 42967
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on March 1, 1984, unanimously affirmed.…
People v. Cruz Page 42968
Judgment, Supreme Court, Bronx County (Richard Price, J., at sentence; Alvin Schlesinger, J., at Sandoval and Huntley hearings), rendered on March 31, 1983, unanimously affirmed.…
People v. Latorre Page 42969
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on April 7,1983, unanimously affirmed.…
Ames Contracting Co. v. City University Page 42970
Order of the Court of Claims (Weisberg, J.), entered August 8, 1983, denying defendant’s motion to *610dismiss claimant’s claims, reversed, on the law, without costs, and the motion granted.…
Order, Supreme Court, New York County (Lehner, J.), entered July 2, 1984, modified, on the law, without costs, so as to grant defendant New York City Housing Authority summary judgment dismissing the third cause of action of plaintiff’s complaint, and otherwise affirmed.…
Order of the Supreme Court, New York County (Alan Saks, J.), entered on November 25, 1983, which denied defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion, is affirmed, with costs and disbursements.…
Epstein v. Lenox Hill Hospital Page 42973
Order of the Supreme Court, New York County (Bernard Burstein, J.), entered on or about January 3, 1984, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3216, is unanimously reversed, on the law and in the exercise of discretion, the motion denied, costs in the amount of $1,000 to be paid…
People v. Martinez Page 42974
Judgment, Supreme Court, New York County (Scott, J.), rendered April 21, 1982, after a jury trial held in the absence of the defendant, convicting him of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), reversed, on the law, and the matter remanded for a new trial.…
People v. Gonzalez Page 42976
Judgment, Supreme Court, New York County (Robert M.…
Arred Enters. Corp. v. Indemnity Insurance Page 42977
Order of Supreme Court, Bronx County (Irma Vidal Santaella, J.), entered June 14, 1984, denying the motion of defendant Indemnity Insurance Company of North America (INA) to dismiss the complaint on grounds of a prior action pending, and denying its motion to vacate a default judgment against it, unanimously modified…
People v. Contreras Page 42978
Judgment, Supreme Court, Bronx County (Covington, J.), rendered January 10, 1983, convicting defendant, after a jury trial, of robbery in the second degree and sentencing him to an indeterminate term of imprisonment of from 5 to 15 years, reversed, on the law and the facts and as a matter of discretion in the interest…
Taines v. Gene Barry One Hour Photo Process Page 42979
Judgment, Supreme Court, New York County (Arthur Lonschein, J.), entered on or about January 24, 1984, affirmed, without costs and without disbursements.…
Judgment of the Supreme Court, New York County (Saxe, J.), entered December 9, 1983, which granted petitioner’s application and declared regulations 10 and 11 of the New York City Department of Consumer Affairs void, affirmed, without costs.…
People v. Cruz Page 42982
Judgment, Supreme Court, New York *634County (Shirley Levittan, J.), rendered on February 7, 1984, unanimously affirmed.…
People v. Rios Page 42983
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on February 10, 1983, unanimously affirmed.…
People v. Jacobs Page 42984
Judgment, Supreme Court, New York County (Shirley Levittan, J.), rendered on May 10, 1983, unanimously affirmed.…
Brennan v. Caruso Page 42986
Order, Supreme Court, New York County (Taylor, J.), entered October 24, 1983, which dismissed the complaint for failure to state a cause of action, affirmed, without costs and disbursements.…
Nationwide Insurance v. Gonzalez Page 42987
Order, Supreme Court, New York County (Ostrau, J.), entered March 13, 1984, which denied appellants’ motion to vacate a default order staying arbitration, reversed, on the law and the facts and in the exercise of discretion, and the motion granted on condition that respondents-appellants’ attorney, Paul S.…
Murphy v. Herman Page 42988
Judgment, Supreme Court, New York County (Peter McQuillan, J.), entered on October 9, 1984, unanimously affirmed for the reasons stated by McQuillan, J., at Special Term, without costs and without disbursements.…
People v. Gregorio Page 42989
Judgment, Supreme Court, New York County (Sheldon Levy, J.), rendered oh September 9,1981, unanimously affirmed.…
People v. Colon Page 42991
Judgment, Supreme Court, Bronx County (Maurice Grey, J.), rendered on April 7, 1981, unanimously affirmed.…
People v. Lekocaj Page 42992
Judgment, Supreme Court, New York County (Anita Florio, J.), rendered on April 25, 1984, unanimously affirmed.…
People v. Jackson Page 42993
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on June 7, 1983, unanimously affirmed.…
Weisberg v. Chemical Bank Page 42994
Order entered February 24, 1984 in Supreme Court, New York County (Bruce McM.…
Rivera v. Parvez Page 42995
Order, Supreme Court, Bronx County (Joseph DiFede, J.), entered August 2, 1984, which granted the motion by defendant National Railroad Passenger Corp. (Amtrak) for multiple relief to the extent of dismissing the third cause of action, severing and dismissing the fourth cause of action under CPLR 327 on the ground of…
People v. Higgens Page 42996
*643Judgment of the Supreme Court, New York County (Soloff, J., at sentence; Lander, J., at trial; McCooe, J., at Huntley hearing), rendered on April 6,1983, convicting defendant, following a jury trial, of burglary in the second degree and criminal trespass in the second degree and sentencing him to concurrent…
Annis v. New York City Transit Authority Page 42997
Order, Supreme Court, New York County (Edward Greenfield, J.), entered April 27,1984, denying petitioners’ motion to renew and adhering to a prior order (same court), entered February 27, 1984, which had denied an application for leave to serve a late notice of claim, unanimously reversed, on the law, on the facts and…
Order and judgment (one paper), Supreme Court, New York County (Edward Greenfield, J.), entered on or about March 23, 1984, which denied the petitioner-respondent’s (Tri-State) application to require the respondent-appellant (MTA) to award Tri-State a contract by reinstating its bid as low bid, and which dismissed…
MFY Legal Services, Inc. v. Dudley Page 42999
Motion denied, insofar as it seeks reargument; and, insofar as it seeks leave to appeal to the Court of Appeals, motion granted, and this court, pursuant to CPLR 5713, states that questions of law have arisen which ought to be reviewed by the Court of Appeals.…
In re Elliott Page 43000
Cross petition for a stay denied and respondent is directed to show cause why a final order of suspension, censure or removal should not be made, and pending final determination of the petition, respondent is suspended from practice effective immediately and until the further order of this court.…
Pather v. Pather Page 43001
Order, Supreme Court, New York County (Kenneth Shorter, J.), entered on July 18, 1983, unanimously affirmed.…
Lewis v. Brown Page 43002
Order and judgment, Supreme Court, New York County (Alvin Klein, J.), entered, respectively, on July 17, 1984 and August 1, 1984, unanimously affirmed for the reasons stated by Klein, J.…
Bank Audi (USA) v. Scharer Page 43003
Order, Supreme Court, New York County (Alfred Ascione, J.), entered on June 26,1984, unanimously affirmed for the reasons stated by Ascione, J., at Special Term.…
People v. Robbins Page 43004
Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered on January 11, 1984, unanimously affirmed.…
People v. Gonzalez Page 43006
Judgment, Supreme Court, Bronx County (William Holland, J.), rendered on July 6, 1983, unanimously affirmed.…
Lerner v. Karageorgis Lines, Inc. Page 43007
Order, Supreme Court, New York County (Alfred Ascione, J.), entered February 23, 1984, which, inter alia, denied defendant’s motion for summary judgment, is modified, on the law, to the extent of granting defendant’s motion for summary judgment dismissing the complaint on the ground of a contractual Statute of…
People v. Napoli Page 43008
Order, Supreme Court, New York County (Robert Haft, J.), dated December 28, 1982, dismissing the indictment, charging the defendant Frank Di Napoli with conspiracy to sell and sale of drugs, on the grounds of the legal insufficiency of the evidence presented to the Grand Jury, affirmed for the reasons stated by…
Parkway Windows v. River Tower Associates Page 43009
Order of the Supreme Court, New York County (Grossman, J.), entered August 17, 1983, which granted defendants’ motion to dismiss the complaint to the extent, inter alia, of dismissing all causes of action against Tishman Construction Corporation, is unanimously modified, on the law, to the extent of denying defendant…
In re Pennzoil Company Page 43010
Order of the Supreme Court, New York County (Kaplan, J.), entered on November 7, 1984, which denied the motion of nonparty witness Peter Nulty for a protective order and to quash a subpoena duces tecum, is modified, on the law and facts, by limiting Pennzoil’s questioning of Nulty only as to such statements as…
981 Third Avenue Core. v. Beltramini Page 43011
Order of the Supreme Court, New York County (D.…
Sonju v. Continental Garage Management Corp. Page 43012
Order, Supreme Court, New York County (Danzig, J.), entered June 22, 1984, which, inter alia, denied the motion of defendants Continental to vacate the reinstated default judgment against them, entered on April 1, 1984, unanimously modified, on the law and the facts and in the exercise of discretion, without costs or…
Washington Square Institute for Psychotherapy & Mental Health v. Human Rights Appeal Board Page 43013
Decision and order of the State Human Rights Appeal Board, both dated May 30, 1984, which reversed the determination and order of the State Division of Human Rights, dated October 8, 1982, dismissing the complaint of disability discrimination upon a finding of no probable cause and remanded the proceeding to the State…
People v. Hewitt Page 43014
Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered on May 11, 1983, unanimously affirmed.…
People v. Dague Page 43016
Judgment, Supreme Court, New York County (Luis Ñeco, J.), rendered on September 17, 1982, unanimously affirmed.…
People v. Maloney Page 43017
Judgment Supreme Court, New York County (Francis Pécora, J.), entered January 14, 1982, convicting defendant, upon a jury verdict of the crimes of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), two counts of assault in the first degree (Penal Law § 120.10 [1], [4]), and robbery in the first…
Kiernan v. Kiernan Page 43018
Judgment of the Supreme Court, New York County (M.…
Hitzig v. Borough-Tel Service, Inc. Page 43019
Order of the Supreme Court, New York County (Seymour Schwartz, J.), entered May 11, 1984, denying plaintiff’s motion for an order, among other things, for an immediate trial of the subject action and a disqualification of the law firm representing defendants, unanimously modified, on the law and the facts, to direct…
Lee v. Wright Page 43020
Order of the Supreme Court, New York County (B.…
People v. Torres Page 43021
Judgment, Supreme Court, Bronx County (Alvin Schlesinger, J.), rendered on April 24, 1980, affirmed.…
Wolfson v. Minerbo Page 43022
Order of the Family Court, New York County (Leah R.…
Order of the Supreme Court, New York County (Evans, J.), entered August 2, 1983, which granted petitioner-respondent (landlord) Wellington Estates, Ltd.’s CPLR article 78 petition, which annulled a Conciliation and Appeals Board (CAB) order to the extent that the CAB order directed the landlord to tender a renewal…
Albert B. Ashforth, Inc. v. Houghton Page 43025
Order entered September 13,1984 in Supreme Court, New York County (Burton S.…
People v. Smith Page 43026
Judgment, Supreme Court, New *687York County (Rothwax, J.), rendered January 16,1984, convicting defendant of an attempt to commit the crime of assault in the second degree and sentencing him as a second violent felony offender to a term of from 2 to 4 years, unanimously modified, on the law, to the extent of…
In re Rapoport Page 43027
Motion for reinstatement as an attorney and counselor-at-law in the State of New York denied.…
Goz v. Conciliation & Appeals Board Page 43028
Judgment, Supreme Court, New York County (Burton Sherman, J.), entered on July 23, 1984, unanimously affirmed.…
People v. Pratts Page 43029
Judgment, Supreme Court, Bronx County (John Collins, J.), rendered on July 22, 1983, unanimously affirmed.…
People v. Pena Page 43031
Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on June 22, 1982, unanimously affirmed.…
Robby v. Rabie Page 43032
Order and judgment (one paper), Supreme Court, New York County (Guy Graves, J.), entered on July 3, 1984, unanimously affirmed for the reasons stated by Graves, J., at Trial Term.…
People v. Stanton Page 43033
Judgment, Supreme Court, New York County (Kenneth Shorter, J.), rendered on January 21, 1982, which convicted defendant of criminal sale of a controlled substance in the second degree and sentenced him to an indeterminate term of three years to life, reversed, on the law, and the case is remanded for a new trial.…
Mobley v. Perales Page 43034
CPLR article 78 petition, dated November 2, 1983, seeking to annul a determination of respondent State Commissioner of Social Services, made July 5, 1983 after a fair hearing, is granted, on the law, without costs, to the extent of annulling the Commissioner’s determination and directing that petitioner receive two…
In re the Guardianship of Sims Page 43035
Order of the Surrogate’s Court, New York County (Marie Lambert, S.), entered on or about April 27, 1984, which, inter alia, awarded a fee of $3,875 to the guardian ad litem of the infant Daniel E.…
Judgment, Supreme Court, New York County (Irving *692Kirschenbaum, J.), entered on September 12, 1983, affirmed, without costs and without disbursements.…
Patrick v. Perales Page 43037
Order entered March 8, 1984 in Supreme Court, New York County (Alfred A.…
People v. Vasquez Page 43038
Order of the Supreme Court, Bronx County (R.…
Neiman v. Neiman Page 43039
Order of the Supreme Court, New York County (David H.…
Abrams v. Donati Page 43040
Order of the Supreme Court, New York County (Seymour Schwartz, J.), entered on January 10, 1984, *705which denied the motion by defendant Enrico Donati for summary judgment dismissing the complaint and directing an immediate trial for the assessment of damages on his counterclaim, is modified, on the law, and the…
Order of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered on November 1,1982, which granted the motion by Frederic Walker, the plaintiff in action No. 2, to confirm the report of the special referee only to the extent of confirming the finding that the value of Walker’s services as an attorney…
Sitomer v. Melohn Properties Management Page 43042
Order and judgment (one paper), Supreme Court, New York County (Kaplan, J.), entered December 14, 1983, which, inter alia, granted plaintiff’s motion for summary judgment declaring that a certain lease assignment from Ellen Abrams to plaintiff was valid and effective, unanimously reversed, on the law, without costs or…
Fried v. General Motors Corp. Page 43043
Order of the Supreme Court, New York County (Ascione, J.), entered December 20, 1983, which denied defendant Victor Fried’s motion for leave to renew and reargue plaintiff’s prior motion for a default judgment against the defendant is reversed, on the law and facts and in the exercise of discretion, without costs…
Kriegler v. Aetna Casualty & Surety Co. Page 43044
Order, Supreme Court, New York County (Blyn, J.), entered December 29,1983, which denied defendant Aetna Casualty and Surety Company’s motion to dismiss the complaint, unanimously modified, on the law, without costs or disbursements, to grant the motion insofar as the complaint seeks relief with *709respect to a…
Aetna Casualty & Surety Co. v. Loy Page 43045
Judgment, Supreme Court, New York County (Bowman, J.), entered November 25,1983, permanently staying the arbitration demanded by respondent against petitioner, unanimously modified, on the law, without costs or disbursements, to strike the first decretal paragraph and, except as thus modified, affirmed.…
In re Goldstein Page 43046
Respondent suspended from practice as an attorney and counselor-at-law and a referee appointed, as indicated in the order of this court.…
Alberi v. Castro Page 43047
In an action, inter alia, to recover on an insurance policy, plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered September 9, 1983, which dismissed her second cause of action.…
Becher v. Peress Page 43048
In an action, inter alia, for rescission of certain agreements, plaintiff appeals from an order of the Supreme Court, Queens County (Goldstein, J.) dated March 6, 1984, which denied his motion to vacate or modify defendant’s demand for a bill of particulars.…
Bistricer v. J. & M. Knitting Co. Page 43049
In an action to foreclose a mortgage, plaintiff Bistricer appeals (1) from an order of the Supreme Court, Nassau County (Pantano, J.), dated February 27,1984, which denied his motion to strike the action from the Trial Calendar and (2) from an order of the same court, dated June 6, 1984, which denied his motion to…
In an action for a judgment declaring that defendant is obligated to defend and indemnify plaintiff in an action entitled “Sidney Horowitz, plaintiff, against Carpets by Certified, Inc., defendant”, the appeal is from an order of the Supreme Court, Kings County (Monteleone, J.), dated November 17, 1983, which granted…
Chase v. Sullivan's of Middletown, Inc. Page 43051
In two actions, inter alia, to recover damages for breach of a lease, Sullivan’s of Middletown, Inc. and Sullivan’s of Liberty, Inc. appeal from (1) so much of an order of the Supreme Court, Orange County (Colabella, J.), dated March 14, 1984, as granted plaintiff Middletown Plaza Associates’ motion to disqualify…
Chumsky v. Chumsky Page 43052
In a matrimonial action, the defendant husband appeals from an interim order of the Supreme Court, Nassau County (Robbins, J.), dated December 27, 1983, which, after a nonjury trial, inter alia, found that a decree of the District Court of Bravos, State of Chihuahua, Republic of Mexico, dated January 6, 1969…
Constantin v. Wicks Page 43053
In a habeas corpus proceeding, the appeal, as limited by the brief of the appellant father, is from so much of an order of the Supreme Court, Suffolk County (Becker, J.), dated September 12, 1983, as (1) denied his motion for a change of custody of the child of the parties and determined that custody was to remain…
Contra Costa County ex rel. Sutton v. Sutton Page 43054
In a proceeding pursuant to Domestic Relations Law article 3-A the appeal is from an order of the Family Court, Rockland County (Stanger, J.), dated March 23,1984, which granted the support petition to the extent of awarding petitioner arrears from the date of the petition to the date of the order, plus ongoing…
De Jesus v. Asi Page 43055
In two actions, one by Julius De Jesus against Hasan Sari Abu Asi (action No. 1) to recover damages for malicious prosecution and the other by Asi against De Jesus (action No. 2) to recover damages for assault, De Jesus appeals from (1) so much of an order of the Supreme Court, Kings County (Lodato, J.), dated March…
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the appeal is from so much of a judgment of the Supreme Court, Rockland County (Kelly, J.), entered December 15, 1983, as, upon vacating the award and remanding the matter for a new hearing, directed that the new hearing be held before a…
In a proceeding to vacate, cancel and set aside a subpoena duces tecum served by the New York City Department of Consumer Affairs upon Exxon Corporation, the New York City.…
Egan v. Federated Department Stores, Inc. Page 43058
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County (Pino, J.), dated February 1, 1984, which denied its motion to dismiss the action for failure to timely serve a complaint.…
Erickson v. YMCA of Nyack Page 43059
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Rockland County (Marbach, J.), dated March 16, 1984, which granted defendant’s motion to dismiss the complaint as time barred.…
Gdanski v. Indianapolis Speedway, Inc. Page 43060
Order of the Supreme Court, Rockland County, dated February 14, 1984, affirmed, insofar as appealed from, with costs, for reasons stated by Justice Ruskin at Special Term.…
*721In an action to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Westchester County (Sullivan, J.), entered May 16,1984, which denied their motion to preclude plaintiffs from offering evidence at trial of certain items of damage for failure to comply with defendants’…
Hughes v. Nigro Page 43062
In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated June 16, 1983, which granted the motion of defendants Richard A.…
Inc. Village of Brookville v. Colby Page 43063
In an action for a permanent injunction and a declaratory judgment, plaintiffs appeal from an order of the Supreme Court, Nassau County (Murphy, J.), entered January 15, 1985, which denied their motion for a preliminary injunction.…
Jakobleff v. Jakobleff Page 43064
In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Westchester County (Ferraro, J.), entered July 6, 1983, as granted the motion of Julius Cohn and Cerrato, Sweeney and Cohn (movant attorneys), the attorneys who formerly represented the plaintiff wife, to correct nunc…
Katzeff v. Wroclawski Page 43065
In an action for specific performance of an alleged agreement for the sale of real property by defendants to plaintiffs and for recovery of money damages resulting from the breach of said agreement, plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (Delaney, J.), dated July 7, 1983, which…
Lane v. D'Angelos Page 43066
In an action to recover damages for an alleged breach of an employment contract, defendant trustees of the Louis Hirsch Memorial Welfare Fund, Local 875, International Brotherhood of Teamsters, appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated February 15, 1984, which granted plaintiff’s…
Leventhal v. Health & Hospitals Corp. Page 43067
In an action to recover damages for personal injuries sustained due to the allegedly negligent discharge of a patient from one of defendant’s facilities, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rigler, J.), dated January 30, 1984, as denied plaintiff’s…
In an action, inter alia, to recover damages for breach of contract, defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County (DiPaola, J.), dated May 20, 1983, as (1) awarded plaintiff the principal sum of $44,277.02 on its first and second causes of action and (2)…
McGarrity v. Judd Associates Ltd. Page 43069
In an action to recover damages for defendant insurance broker’s failure to obtain a policy of fire insurance for plaintiff, alleging both negligence and breach of contract, and a third-party action by said insurance broker for indemnification against the third-party defendant insurer for its failure to accord…
In an action to recover damages for breach of contract, plaintiff appeals (1) from an order of the Supreme Court, Westchester County (Donovan, J.), entered October 12, 1983, which denied its motion for leave to enter a default judgment and granted defendant’s cross motion to vacate its default and to compel…
In an action to recover moneys allegedly due and owing, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (D’Amaro, J.), dated February 14, 1984, as unconditionally granted defendants’ motion to vacate a default judgment entered against them.…
Parascandola v. Kaplan Page 43072
In a medical malpractice action, defendant physicians appeal from an order of the Supreme Court, Suffolk County (Mclnerney, J.), *738dated March 21, 1984, which denied their motion for reargument of the motion which resulted in an order dated February 2, 1984, imposing sanctions upon the codefendant hospital pursuant…
Parascandola v. Kaplan Page 43073
In a medical malpractice action, defendant hospital appeals (1) from an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated February 2, 1984, which granted plaintiffs’ motion to sanction appellant hospital pursuant to CPLR 3126 by permitting negative inferences to be drawn against it for its failure to…
Rodgers v. Galvin Page 43074
In an action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Velsor, J.), dated December 22, 1982, as, after a jury trial, is in favor of defendant Roper Corporation.…
Sadler v. Brown Page 43075
In a negligence action to recover damages for personal injuries, etc., plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Jordan, J.), entered September 29, 1983, as dismissed the complaint against defendant Brown, upon the close of plaintiff’s case, for failure…
Spain v. Howard Holmes, Inc. Page 43076
In an action, inter alia, to recover damages for breach of warranty, defendant World-Wide Volkswagen Corp. appeals from (1) so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered December 16, 1983, as denied those branches of a motion which sought summary judgment dismissing the complaint…
Burkins v. Scully Page 43077
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent denying petitioner’s grievance concerning an incentive allowance for participation in a prison training program, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated October 25, 1983, which…
In re the City of New York Page 43078
In a condemnation proceeding, the appeal is from so much of an order of the Supreme Court, Kings County (Jordan, J.), dated November 23, 1983, as (1) denied the motion of appellant Leiser Presser to set a trial date *745for computing the value of fixtures in damage parcel No. 15 which formerly were owned by a…
De Nicola v. De Nicola Page 43079
In a support proceeding pursuant to Family Court Act article 4, the appeal, as limited by the appellant’s brief, is from so much of an order of the Family Court, Nassau County (Loewy, J.), entered October 17,1983, as, after a hearing, directed him to pay the sum of $152 per month for the support of the petitioner…
Giorgetti v. Giorgetti Page 43080
In a proceeding to modify a judgment of divorce of the Supreme Court, Nassau County, dated October 19, 1973, by deleting therefrom the provision directing petitioner to pay $75 per week to the respondent as alimony, the petitioner appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk…
Gregg v. Scully Page 43081
In a proceeding pursuant to CPLR article 78 to review a determination denying petitioner’s request for a transfer from Green Haven to Ossining Correctional Facility, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated October 20, 1982, which, after a hearing, inter alia…
In a proceeding pursuant to CPLR article 78, inter alia, to vacate a determination of respondent New York State Department of Environmental Conservation, dated August 31, 1983, which denied the application of petitioners for a permit pursuant to the Tidal Wetlands Act, petitioners appeal from a judgment of the Supreme…
Vergata v. Superintendent of Buildings Page 43083
In a proceeding pursuant to CPLR article 78 to direct the respondent Superintendent of Buildings of the Village of Westbury to revoke a building permit, petitioners appeal from a judgment of the Supreme Court, Nassau County (Christ, J.), dated April 19, 1983, which dismissed the proceeding.…
People v. Campos Page 43084
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered March 25, 1982, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Cusumano Page 43085
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered April 11,1983, convicting him of criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Girolamo Page 43086
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered May 12,1982, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing…
People v. Fraumeni Page 43087
Appeals by defendant from three judgments of the Supreme Court, Queens County (Sherman, J.), each rendered October 19, 1981, convicting him of criminal possession of a controlled substance in the fifth degree, attempted criminal possession of a controlled substance in the fifth degree and assault in the first degree…
People v. Heckstall Page 43088
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered March 30, 1982, convicting him of burglary in the third degree, grand larceny in the third degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Jackson Page 43089
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kuffner, J.), rendered October 24,1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and sentencing him, as a persistent violent felony offender, to two concurrent indeterminate terms of…
People v. Malerba Page 43090
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered April 22, 1982, convicting him of murder in the second degree (two counts), and attempted rape in the first degree, upon a jury verdict, and imposing.…
People v. Mitchell Page 43091
Appeal by defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered January 6, 1983, convicting him of robbery in the second degree (two counts), and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Norris Page 43092
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ryan, J.), rendered December 18, 1979, convicting him of rape in the first degree (two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Orozco Page 43093
Judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered September 20, 1983, affirmed (People v Pascale, 48 NY2d 997; People v McKenzie, 88 AD2d 646; People v Harris, 61 NY2d 9; People v Torres, 96 AD2d 604).…
People v. Ozman Page 43094
Appeal by defendant from a judg*763ment of the Supreme Court, Westchester County (Rubin, J.), rendered May 28, 1981, convicting him of sodomy in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Reed Page 43095
Judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendéred June 23, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9).…
People v. Smith Page 43096
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered May 7, 1982, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Sobchik Page 43097
Appeal by defendant from three judgments of the Supreme Court, Queens County (Rotker, J.), all rendered April 19, 1983, convicting him, upon his pleas of guilty, (1) under indictment No. 2999/82 of robbery in the first degree, criminal use of a firearm in the first degree, grand larceny in the second degree and…
People v. Teixeira Page 43098
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered May 14, 1982, convicting him of attempted robbery in the first degree, criminal mischief in the fourth degree, and criminal possession of a weapon in the fourth degree, after a nonjury trial, and sentencing him as a…
People v. Vargas Page 43099
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered February 11, 1982, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Vega Page 43100
Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered June 9, 1982, convicting him of attempted murder in the second degree, reckless endangerment in the first degree (two counts), criminal possession of a weapon in the second degree, criminal use of a firearm in the first…
People v. Warren Page 43101
Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 16, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Williams Page 43102
Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered March 31, 1983, convicting him.…
People v. Wynn Page 43103
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered March 15,1982, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
Busetti v. Busetti Page 43104
In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Kelly, J.), dated May 4, 1984, as (1) upon granting his motion to renew and reargue his motion for a downward modification of the maintenance provisions of a judgment of…
O'Neill v. King Page 43105
Proceeding pursuant to CPLR article 78 to prohibit respondent from compelling petitioner’s client, a defendant in a pending criminal case, to submit to questioning directly by the court for the purpose of determining his capacity to stand trial.…
Austin v. Yonkers Professional Hospital Page 43106
Order of the Supreme Court, Westchester County, dated July 11, 1983, affirmed, insofar as appealed from, with costs, for reasons stated by Justice Wood at Special Term.…
Bisca v. Bisca Page 43107
In matrimonial actions consolidated for trial, the parties cross-appeal, as limited by their respective briefs, from stated portions of a judgment of the Supreme Court, Nassau County (Meade, J.), entered November 15, 1982, which, inter alia, granted the wife a divorce in action No. 2, dismissed the husband’s complaint…
Branch v. Branch Page 43108
In a proceeding for custody and visitation referred to the Family Court, Rockland County, by the Supreme Court, Rockland County, Ellen D.…
Carbillano v. Ross Page 43109
In an automobile negligence action to recover damages for personal injuries, plaintiff appeals (1) from an order of the Supreme Court, Rockland County (Slifkin, J.), dated April 20, 1983, which granted defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, and…
Cox v. Cox Page 43110
Order of the Supreme Court, Rockland County, dated July 13, 1983, affirmed, with costs, for the reasons stated by Justice Ruskin at Special Term.…
Flint v. Shaiman Page 43111
In an action, inter alia, to impress a constructive trust and for a declaration that the plaintiffs are the sole owners of a certain parcel of real property located in Suffolk County, plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 13,1983, which denied their motion for…
Fontecchio v. Esposito Page 43112
In an action to recover damages for personal injuries, etc., resulting from a dog bite, the defendant Esposito appeals from a judgment of the Supreme Court, Westchester County (Ruskin, J.), dated April 26, 1983, which, after a jury trial, is against her and in favor of the plaintiff Jo Ann Fontecchio in the principal…
Janousek v. Janousek Page 43113
In a matrimonial action, the defendant husband appeals from (1) an order of the Supreme Court, Queens County (Miller, J.), dated May 11, 1984, which, after a hearing, denied his motion, inter alia, to modify a judgment of divorce to increase his visitation rights and, sua sponte, denied him any further contact with…
John Sexton & Co. v. Law Foods, Inc. Page 43114
Appeal by Lorraine Chusid from an order of the Supreme Court, Nassau County (Christ, J.), entered June 4, 1984, which denied her motion, pursuant to CPLR 2221 and 5015, to compel plaintiff and its attorneys to return all moneys which she paid to purge a contempt order entered against her upon her default, and to pay…
Kaplan v. Meskin Page 43115
In an adoption proceeding and a matrimonial action wherein respondent father sought enforcement of the visitation provisions of a separation agreement, the mother and her new husband appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Widlitz, J.), entered October 20…
Kozinn v. Braunstein Page 43116
In an action for a declaratory judgment and money damages under a lease agreement, defendant appeals from an order of the Supreme Court, Kings County (Bellard, J.), dated March 13,1984, which (1) granted plaintiff’s motion to set down the matter for an assessment of damages sustained, and (2) denied defendant’s cross…
Laresca v. City of New York Page 43117
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Lawrence, J.), dated March 8, 1983, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) a judgment of the same court entered thereon on…
Lovisa Constr. Co. v. County of Suffolk Page 43118
In a contract action, plaintiff appeals from an order of the Supreme Court, Suffolk County (Luciano, J.), dated September 30, 1983, which granted defendant’s motion to stay the prosecution of this action and to compel arbitration of plaintiff’s claims.…
Monroe v. Monroe Page 43119
In a matrimonial action, the parties cross-appeal, as limited by their notices of appeal and briefs, from (1) so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated January 6,1984, as (a) directed plaintiff wife to deliver 23 items of personal property to defendant husband; (b) enjoined the parties…
Mosesku v. Mosesku Page 43120
In a habeas corpus proceeding to determine custody of the parties’ infant daughter, petitioner, the child’s father, appeals from a judgment of the Supreme Court, Queens County (Giaccio, J.), dated October 24, 1983, which, inter alia, granted custody to respondent, the child’s mother.…
Oak Beach Inn Corp. v. Harris Page 43121
In a proceeding pursuant to CPLR article 78, inter alia, to review a positive declaration of the Suffolk County Department of Health Services that a draft environmental impact statement is required, petitioners appeal from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), dated November 9, 1982, which…
Oberlander v. Fine Care, Inc. Page 43122
In a proceeding pursuant to CPLR article 75 to stay arbitration, petitioners appeal from (1) a decision of the Supreme Court, Kings County (Vinik, J.), dated February 3, 1984, which, after a hearing, stated that petitioner Bella Oberlander’s signature on the alleged June 28, 1982 contract was affixed with her apparent…
Occhiuzzi v. Occhiuzzi Page 43123
In a matrimonial action, the defendant husband appeals from an order of the Supreme Court, Queens County (Lakritz, J.), dated February 24,1983, which denied his motion to vacate and set aside a judgment of divorce dated March 15,1982, which was entered on default, upon the ground that the court lacked jurisdiction…
Pepe v. Somers Central School District Page 43124
In a proceeding pursuant to General *800Municipal Law § 50-e (5) for leave to serve a late notice of claim, petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Rosenblatt, J.), dated October 21, 1983, as denied the application on behalf of the infant…
Prochillo v. Acker Page 43125
In medical malpractice actions, plaintiffs appeal from so much of three orders (one in each action) of the Supreme Court, Nassau County (Spatt, J.), all entered July 26, 1983, as granted the motions of defendant Gerald Acker for summary judgment dismissing plaintiffs’ three complaints against him on the ground of lack…
Pulichino v. Pulichino Page 43126
In an action for divorce on the grounds of cruel and inhuman treatment and abandonment, plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Geiler, J.), dated July 3,1984, as granted defendant husband’s motion to disqualify her attorney.…
Ralis v. Ralis Page 43127
In a proceeding for support under Family Court Act article 4, Dino Ralis appeals , from an order of the Family Court, Queens County (Gilman, J.), dated April 4,1984, which directed that he pay petitioner the sum of $250 per week.…
Rush v. State Human Rights Appeal Board Page 43128
Proceeding pursuant to Executive Law § 298 to review an order of the respondent State Human Rights Appeal Board, dated December 30,1983, affirming an order of the State Division of Human Rights, dated July 1, 1982, dismissing the petitioner’s complaint upon a finding that there was no probable cause to believe that…
Tarpey v. Victory Memorial Hospital Page 43129
In an action, inter alia, to recover damages for libel and slander, defendants appeal from so much of an order of the Supreme Court, Kings County (Scholnick, J.), entered January 30, 1984, as granted their motion for a protective order vacating plaintiff’s notice for discovery and inspection to the limited extent of…
In an action for a declaratory judgment, defendants Providence Washington Insurance Company and White Carriage Corp., appeal from a judgment of the Supreme Court, Nassau County (Delin, J.), entered March 7,1984, which, after a nonjury trial, determined, inter alia, that defendant Providence Washington Insurance…
Turner v. Maggio Page 43131
In a proceeding to vacate an arbitration award, (1) Paul Maggio appeals from so much of a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered July 20, 1983, as denied his request to recover the attorney’s fees he incurred in defending against the petitioner’s application to vacate the arbitration…
Woessner v. Woessner Page 43132
In a matrimonial action, defendant husband appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated July 15, 1983, as (1) denied his cross motion for an order suspending his obligation to pay maintenance and child support to plaintiff wife and to forgive any arrears thereon, (2) granted…
Yecies v. Yecies Page 43133
In a matrimonial action, defendant husband appeals from so much of an order of the Supreme Court, Suffolk County (De Luca, J.), dated June 9, 1983, as denied those branches of his motion which sought to (1) vacate a previous order granting plaintiff exclusive possession of the marital premises, (2) vacate a judgment…
Hirsch v. Shaffer Page 43134
Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated January 20, 1983, which, after a hearing, suspended the individual petitioner’s real estate broker’s license for a minimum period of one month and until such time as he reimbursed complainants Frank and Judith De Luca in the sum of…
Pierre v. Popolizio Page 43135
In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Conciliation and Appeals Board, dated September 10, 1981, which, inter alia, expelled petitioner from the Rent Stabilization Association as to the apartment in question and placed the apartment under rent control, petitioner…
In re the estate of Ury Page 43136
In a proceeding, inter alia, to fix the compensation of Sidney Holtzman, former attorney for the estate of Milton Ury, deceased, and to surcharge Holtzman for losses incurred by the estate, petitioner appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated…
People v. Abdullah Page 43137
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered March 23,1984, convicting him of criminal possession of a forged instrument in the second degree (two counts), criminal possession of stolen property in the second degree, and criminal possession of stolen property in…
People v. Buckhannon Page 43138
Appeal by defendant from two judgments of the Supreme Court, Queens County (Sherman, J.), both rendered December 9, 1983, convicting him of robbery in the second degree under indictment No. 1369/83 and attempted robbery in the third degree under indictment No. 1370/83, upon his pleas of guilty, and imposing sentences.…
People v. Cabrera Page 43139
Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered June 8,1983, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Clarke Page 43140
Appeal by defendant from a judgment of the County Court, Dutchess County (Vogt, J.), rendered October 29,1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Davison Page 43141
Appeals by defendant from two judgments of the County Court, Suffolk County (Namm, J.), *821both rendered September 12,1983, convicting him of four counts of burglary in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. De Santis Page 43142
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Coffinas, J.), both rendered November 23, 1983, convicting him of attempted robbery in the first degree (two counts), upon his pleas of guilty, and sentencing him as a persistent violent felony offender to concurrent indeterminate terms of…
People v. Fuller Page 43143
Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered November 13, 1980, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Grant Page 43144
Appeal by defendant from 12 judgments of the Supreme Court, Kings County (Pizzuto, J.), one of which was rendered October 9, 1980, convicting him of rape in the first degree, sexual abuse in the first degree, robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence, and…
People v. Hodgkiss Page 43145
Appeal by defendant, as limited by her motion, from a sentence of the County Court, Suffolk County (Rohl, J.), imposed June 15, 1984.…
People v. Infante Page 43146
Appeal by defendant, as limited, by his motion, from a sentence of the Supreme Court, Queens County (Naro, J.), imposed September 25, 1984.…
People v. Jones Page 43147
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered April 22, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. King Page 43148
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered October 10, 1980, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Makedon Page 43149
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered May 19,1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Marick Page 43150
Judgment of the County Court, Suffolk County (Namm, J.), rendered September 22, 1983, affirmed (see, People v Broadie, 37 NY2d 100,113, cert denied 423 US 950; People v Donovan, 59 NY2d 834).…
People v. Morales Page 43151
In a proceeding brought by the depositor of cash bail for a defendant in a criminal case to have said bail remitted to her, the appeal is from an order of the County Court, Nassau County (Santagata, J.), dated January 14,1983, which denied her application.…
People v. Pirone Page 43152
Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered September 12, 1983, convicting him of promoting gambling in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Rivera Page 43153
Appeal by defendant from a judgment of the Supreme Court, Kings County (Cooperman, J.), rendered December 20, 1982, convicting him of attempted robbery in the first degree (eight counts), assault in the first degree *830and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing…
People v. Rose Page 43154
Appeals by defendant from two judgments of the Supreme Court, Queens County (Lonschein, J.), both rendered March 22, 1982, convicting him of attempted burglary in the second degree and burglary in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Scott Page 43155
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered January 17,1983, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence upon him as a second felony offender.…
People v. Taylor Page 43156
Reargument of an appeal from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered May 7, 1981, which was determined by order of this court dated June 18, 1984 (People v Taylor, 102 AD2d 877).…
People v. Wilkerson Page 43157
Appeal by defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), *832rendered January 8,1982, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 43158
Appeal by defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered March 2, 1983, convicting him of arson in the third degree and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 43159
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered December 13, 1982, convicting him of burglary in the second degree (two counts), petit larceny and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
Alberi v. Rossi Page 43160
In an action to recover legal fees for services rendered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Stolarik, J.), dated December 6, 1983, as granted the branch of defendant’s motion which, pursuant to CPLR 3024 (b), was to strike a portion of paragraph seventh of the…
Barre v. Nassau County Police Department Page 43161
Proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Commissioner of Police, dated February 10,1984, which, after a hearing, denied petitioner’s application for a pistol license.…
Brennan v. City of New York Page 43162
In an action to recover damages for personal injuries, etc., defendants City of New York and Robert Lingham appeal, as limited by their brief, from so *835much of a judgment of the Supreme Court, Kings County (Schneier, J.), dated February 8, 1983, as, upon a jury verdict, awarded plaintiff Mary Brennan the principal…
Fiona, Inc. v. Conklin Page 43164
In an action brought pursuant to RPAPL article 15 to compel a determination of claims to a certain parcel of real property, defendants Anna Conklin and Mabel Topping appeal from an order of the Supreme Court, Suffolk County (Luciano, J.), dated February 27, 1984, which denied their motion to renew their cross motion…
Flynn v. City of Long Beach Page 43165
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Burke, J.), dated May 24, 1983, which was in favor of defendant upon defendant’s motion for summary judgment dismissing the complaint on the ground that the action was time barred.…
Kampf v. Worth Page 43166
In a proceeding to enforce prior orders which awarded petitioners visitation with their granddaughter, the mother appeals from an order of the Family Court, Westchester County (Barone, J.), entered March 20, 1984, which, inter alia, held her in contempt.…
Manganero v. Grega Page 43167
In an action to recover damages for personal injuries predicated upon causes of action asserting negligence, strict products liability, and breach of warranty, in which defendant Grega cross-claimed against defendant Volkswagen of America, Inc., plaintiff and defendant Grega separately appeal from a judgment of the…
Perez v. One Clark Street Housing Corp. Page 43169
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an amended order of the Supreme Court, Kings County (Bellard, J.), entered September 27, 1983, which granted defendant shareholders’ motions to dismiss the complaint as against them and denied plaintiffs’ cross motion to…
Philips v. Republic Insurance Page 43170
In an action to recover damages for breach for an insurance agreement, defendant appeals, as limited by its notice of appeal and brief, from so much of a judgment of the Supreme Court, Westchester County (Delaney, J.), dated June 29, 1983, as, upon a jury verdict, awarded plaintiffs the principal sum of $152,500 on…
Posman v. Posman Page 43171
In an action to impose a constructive trust, for an accounting of profits, a permanent injunction upon the transfer of business assets or stock, the appointment of a receiver and to compel the repayment of loans, the plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (Harwood, J.)…
Purtignano v. Kidder Page 43172
In a defamation action, plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), dated August 18, 1983, which granted the defendants’ motion to compel arbitration and to stay the action pending arbitration.…
Scimeca v. Town of Babylon Page 43173
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Corso, J.), dated July 13, 1983, which granted defendants’ motion for summary judgment and dismissed the complaint, and denied plaintiffs’ cross motion for leave to increase…
Silver v. State Department of Motor Vehicles Page 43174
Proceeding pursuant to CPLR article 78 to review a determination of the New *849York State Department of Motor Vehicles, dated January 19, 1984, which revoked petitioner’s driver’s license for violating Vehicle and Traffic Law § 1180 (d).…
Topal v. BFG Corp. Page 43175
In an action to recover damages, inter alia, for breach of contract, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Beisheim, J.), entered May 14,1984, as, upon renewal, adhered to its prior determinations which denied his motion for substitution of the…
Town of New Windsor v. State Page 43176
In an eminent domain proceeding, the parties cross-appeal from a judgment of the Court of Claims (Lengyel, J.), dated November 15, 1983, which awarded the claimant the principal sum of $44,500.…
Venditti v. American Druggists Insurance Page 43177
In an action, inter alia, to recover on a payment bond, plaintiffs appeal from an order of the Supreme Court, Richmond County (Rubin, J.), dated November 29, 1983, which denied their motion to dismiss the affirmative defenses raised by defendants.…
Weisman v. Weisman Page 43178
In an action, inter alia, to recover damages for malicious prosecution, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Adler, J.), dated August 18, 1983, as denied those branches of his motion which sought to dismiss the first and fourth counterclaims asserted in defendant’s answer.…
Weisman v. Weisman Page 43179
In an action, inter alia, to recover damages for malicious prosecution, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Adler, J.), dated August 16, 1983, as denied those branches of his motion which sought dismissal of the first and third counterclaims asserted in defendant’s answer.…
Wimpy's Collision Works, Ltd. v. Miceli Page 43180
In an action for specific performance of a lease, defendant landlord appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated March 26, 1984, which denied his motion for an order vacating a default judgment entered against him and restoring the action to the Trial Calendar.…
Zottola v. John S. Burke High School Page 43181
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Orange County (Gurahian, J.), entered June 1,1984, which granted defendants’ motion to direct the infant plaintiff to submit to a physical examination by their designated physician.…
Proceeding pursuant to section 298 of the Executive Law to review a determination of respondent Commissioner of the New York State Division of Human Rights, dated June 22, 1983, which, after a hearing, found that petitioners had discriminated against the complainant on the basis of her sex by failing to promote her…
Britt v. Rogers Page 43183
In a proceeding pursuant to CPLR article 78 to compel appellant to grant petitioner’s application for a zoning waiver, the appeal is from a judgment of the Supreme Court, Kings County (Pizzuto, J.) dated March 15,1984, which granted the petition and directed that the petitioner’s daughter be accepted for admission…
Hogan v. Town of Orangetown Page 43184
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Rock-land County (Weiner, J.),.…
Lapiana v. Gliedman Page 43185
In a proceeding pursuant to CPLR article 78, inter alia, to review certain allegedly erroneous fuel pass-along adjustments for the years 1981 and 1982, petitioner appeals (1) from a judgment of the Supreme Court, Kings County (Jones, J.), entered August 26, 1983, which dismissed the proceeding, and (2) as limited by…
Lozada v. Scully Page 43186
Proceeding pursuant to CPLR article 78 to review a determination, dated October 23, 1983, made after a superintendent’s proceeding, that petitioner sold heroin while incarcerated.…
Meyer v. Rozzi Page 43187
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Nassau County Police Department dated May 26, 1983, which, after a hearing, found petitioner guilty of three charges and specifications involving conduct unbecoming a police officer and imposed a fine of 10 days’ pay…
Milburn v. McNiff Page 43188
In an action, inter alia, to declare certain provisions and practices of the appellant’s inmate correspondence program unconstitutional, the appeal is from an order of the Supreme Court, Dutchess County (Martin, J.), dated August 4, 1981, which, among other things, prohibited appellant “from requiring inmate…
In a proceeding pursuant to CPLR article 78 to compel petitioner’s reinstatement to a full-time teaching position nunc pro tunc to June 30,1982, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Doyle, J.), dated December 9, 1983, which dismissed the proceeding on the merits.…
In re the Estate Thorne Page 43190
In a contested probate proceeding, the objectant appeals from a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated August 11, 1983, which, after a nonjury trial, admitted the decedent’s will to probate.…
Utica Mutuall Insurance v. Morrone Page 43191
In a proceeding to stay arbitration of an uninsured motorist claim, the appeals are from (1) an order of the Supreme Court, Orange County (Delaney, J.), dated February 29, 1984 and (2) a judgment of the same court, dated March 11,1984 which was entered thereon, which, inter alia, after a hearing, vacated a previous…
People v. Bastidas Page 43192
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 3, 1980, convicting him of murder in the second degree, attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Boykin Page 43193
Appeal by defendant from three judgments of the Supreme Court, Kings County (Kreindler, J.), all rendered January 5, 1982, convicting him of robbery in the first degree (two counts) and robbery in the second degree, after his pleas of guilty, and imposing sentences.…
People v. Dallara Page 43194
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered April 12, 1982, convicting him of criminally negligent homicide, after a nonjury trial, and imposing sentence.…
People v. Declemente Page 43195
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered April 30, 1984, convicting him of petit larceny, upon his plea of guilty, and sentencing him to six months’ imprisonment.…
People v. Edwards Page 43196
Appeal by defendant, as limited by his motion, from so much of two sentences of the County Court, Suffolk County (Rohl, J.), both imposed September 28, 1983, as (1) directed that he serve a term of imprisonment of six months and three years’ probation upon his conviction of driving while intoxicated, as a misdemeanor…
People v. Felder Page 43197
Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 18, 1983, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. George Page 43198
Appeal by defendant from a judgment of the Supreme Court, Queens County (Bambrick, J.), rendered July 8, 1983, convicting him of assault in the first degree (three counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Jackson Page 43199
Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered November 29, 1982, convicting her of robbery in the second degree, upon her plea of guilty, and imposing sentence.…
People v. Leach Page 43200
Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 18, 1980, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Lewis Page 43201
Appeal by defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered December 15, 1982, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Lloyd Page 43202
Appeals by defendant from two judgments of the Supreme Court, Kings County (Scholnick, J.), both rendered June 10, 1981, convicting him of robbery in the first degree and burglary in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Steven M. Page 43204
Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered January 15,1982, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and sentencing him to a term of imprisonment of 60 days to run concurrent with a five-year term of…
People v. Marrero Page 43205
Judgment of the Supreme Court, Kings County (Goldman, J.), rendered November 4, 1982, affirmed (People v Lawrence, 100 AD2d 944).…
People v. Milhood Page 43206
Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered July 3, 1980, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Mussoline Page 43207
Two judgments of the County Court, Nassau County (Santagata, J.), both rendered July 8, 1983, affirmed (see, People v Pleban, 108 AD2d 880).…
People v. O'Hara Page 43208
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered March 6, 1984, convicting him of arson in the first degree, burglary in the second degree, criminal mischief in the first degree and criminal possession of a weapon in the first degree, upon a jury verdict, and…
People v. Oliver Page 43209
Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered June 1,1983, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Pleban Page 43210
Appeal by defendant from two judgments of the County Court, Nassau County (Santagata, J.), both rendered September 8, 1983, convicting him of conspiracy in the fourth degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a weapon in the fourth degree (two counts), and…
People v. Rowe Page 43211
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bianchi, J.), rendered March 27, 1984, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Sampson Page 43212
Appeal by defendant from a judgment of the Supreme Court, Queens County (Glass, J.), rendered July 7, 1982, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Scott Page 43213
Appeals by defendant from (1) a judgment of the Supreme Court, Queens County (Chetta, J.), rendered July 25, 1980, convicting him of rape in the first degree, unlawful imprisonment in the second degree, and criminal possession of a v/eapon in the fourth degree, upon a jury verdict, and imposing sentence, and (2) a…
People v. Sowell Page 43214
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered July 9,1981, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Thomas Page 43215
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered April 14, 1983, convicting him of grand larceny in the first degree (two counts), upon a jury verdict, and sentencing him, as a second felony offender, to concurrent indeterminate terms of 3 to 6 years’ imprisonment.…
People v. Valdivia Page 43216
Appeal by defendant from a judgment of the Supreme Court, Queens County (Hyman, J.), rendered March 11, 1982, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, and unlawful imprisonment in the first degree, upon a jury verdict, and sentencing him to two…
People v. Villalobos Page 43217
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 14, 1982, convicting him of murder in the second degree (six counts) and arson in the second degree, upon a jury verdict, and imposing sentence.…
People v. Wooley Page 43218
Appeal by defendant from two judgments of the County Court, Westchester County (Martin, J.), both rendered April 8, 1981, convicting him of kidnapping in the second degree under *888indictment No. 80-00940-01 and criminal possession of a forged instrument in the first degree under indictment No. 81-00103-01, upon his…
People ex rel. Johnson v. Romano Page 43219
In a habeas corpus proceeding, petitioner appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated August 31, 1983, which referred the proceeding to Judge Mazzei of the County Court of said county.…
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Queens County (Rotker, J.), dated June 9, 1983, which dismissed the proceeding.…
Storm v. Board of Elections Page 43221
Judgment of the Supreme Court, Nassau County (Balletta, J.), entered February 7, 1985, affirmed, without costs or disbursements.…
Antis v. Antis Page 43222
In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered September 21, 1983, as (1) dissolved the marriage; (2) awarded maintenance and child support; (3) ordered the sale of the marital home no later than 18…
Bidetti v. Salter Page 43223
In a medical malpractice action, plaintiffs appeal (1) from an order of the Supreme Court, Westchester County (Wood, J.), entered June 10, 1983, which granted defendant’s motion to dismiss the complaint as time barred and denied as moot their cross motion for leave to serve an amended complaint and strike defendant’s…
Dal Construction Corp. v. City of New York Page 43224
In an action, inter alia, to recover damages for breach of a construction contract, defendant appeals from (1) an order of the Supreme Court, Richmond County (Rubin, J.), dated October 13, 1983, which granted plaintiff’s motion for leave to serve a second amended verified complaint and (2) an order of the same court…
Egan v. Ariens Co. Page 43225
In an action to recover damages for personal injuries predicated upon theories of negligence, strict liability in tort and breach of warranty, defendant and third-party plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Richmond County (Kuffner, J.), dated…
Forte v. Perry Page 43226
In an action pursuant to RPAPL article 15 to determine a claim to real property and to declare certain covenants, restrictions and easements void, defendants appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 2, 1984, which granted plaintiff’s motion to vacate certain items of defendants’…
Frank v. Gessel Page 43227
In a negligence action to recover damages for personal injuries, etc., Charles Gessel appeals from an order of the Supreme Court, Rockland County (Gagliardi, J.), entered September 14, 1984, which denied his motion for leave to serve a jury demand nunc pro tunc and to renew his prior cross motion to transfer the…
Gallin v. Pinello Page 43228
In an action to recover damages for abuse of process, malicious prosecution and-prima facie tort, defendant appeals from (1) so much of an order of the Supreme Court, Westchester County (Buell, J.), entered July 14, 1983, as denied those branches of his motion as sought dismissal of plaintiff’s causes of action for…
Garifo-Morelli v. Rothstein Page 43229
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 19, 1983, which granted defendant Smithtown Toyota Corp.’s motion to vacate its default in timely answering the complaint.…
Greene v. Vijax Fuel Corp. Page 43230
In an action to recover damages for personal injuries sustained when an oil burner exploded, defendant and fourth-party plaintiff Vijax Fuel Corp. appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Hirsch, J.), dated August 11, 1982, as (1) is in favor of plaintiff and…
In an action, inter alia, to recover damages for intentional interference with contractual relations, defendants Philip A.…
Lockman v. Town of Southold Page 43232
In an action, inter alia, to recover damages for injury to property allegedly arising from erosion caused by a jetty constructed on behalf of defendants, plaintiffs appeal (1) from an order of the Supreme Court, Westchester County (Gurahian, J.), entered November 10, 1983, which granted defendant Town of South-old’s…
Long Beach Memorial Nursing Home v. D'Elia Page 43233
In an action for a judgment declaring a former patient of the plaintiff nursing home eligible for medical assistance, defendant Commissioner of the Nassau County Department of Social Services appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Robbins, J.), dated June 11…
McMahon v. City of New York Page 43234
In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County (Levine, J.), entered September 1, 1983, which, upon a finding that defendant was 70% responsible for the injuries suffered by plaintiff, awarded plaintiff damages.…
Merlis v. Lupo Page 43235
In an automobile negligence action to recover damages, inter alia, for a “serious injury” pursuant to Insurance *903Law § 5102 (d) (formerly § 671 [4]), defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated July 11, 1983, which denied their motion for summary judgment.…
Murray v. Robin Page 43236
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (McGinity, J.), entered March 30, 1983, which, after a jury trial, was in favor of defendants dismissing plaintiff’s complaint.…
Perellie v. Crimson's Restaurant, Ltd. Page 43237
In an action, inter alia, to recover damages for breach of contract *904and.…
Peri v. Inc. Village of East Rockaway Page 43238
In an action to recover damages for negligence, nuisance and trespass, plaintiffs appeal (1) from an order of the Supreme Court, Nassau County (Kutner, J.), entered October 13, 1983, which denied their motion for partial summary judgment against defendant Town of Hempstead on the issue of liability, inter alia, on the…
Ray v. Ray Page 43239
In an action for divorce, defendant husband appeals from an order of the Supreme Court, Westchester County (Dachenhausen, J.), dated March 14, 1984, which granted plaintiff wife’s motion, inter alia, to strike his answer and counterclaims, and an order of the same court, dated April 3, 1984, which denied defendant’s…
Rosen v. Bernard Page 43240
In a shareholder’s derivative action, the appeal is from an order of the Supreme Court, Kings County (Hurowitz, J.), dated June 6, 1984, which denied a motion, in effect, for renewal of a prior motion to dismiss the complaint for failure to state a cause of action, which resulted in an order of the same court dated…
Rosen v. Salem Truck Leasing, Inc. Page 43241
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), entered September 23, 1983, which was in favor of the defendant, upon the trial court’s dismissal of the complaint at the close of all the testimony.…
In an action, inter alia, to recover damages for negligence and breach of contract, plaintiffs appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated June 29,1984, which granted defendants’ motions to vacate an order dated June 5, 1984 granting plaintiffs leave to enter a default judgment and to…
Coup. v. Barth Page 43243
In an action, inter alia, to establish an easement by prescription over a strip of land owned by the defendants Barth, the Barths appeal from stated portions of a judgment of the Supreme Court, Nassau County (Morrison, J.), entered December 14, 1983, which, inter alia, declared the existence of such easement and…
Allstate Insurance v. Giordano Page 43244
In a proceeding pursuant to CPLR 7503 (b) to stay arbitration, the appeal is from so much of an order of the Supreme Court, Queens County (Graci, J.), dated April 16, 1984, as granted the application.…
Karaminites v. Reid Page 43245
In a proceeding pursuant to CPLR article 78 to (1) review a determination of the Superintendent of the Fishkill Correctional Facility finding petitioner guilty of certain stated charges of misconduct, after a superintendent’s proceeding, and imposing a penalty therefor, and (2) expunge the mention of such charges and…
Appeal from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered May 29,1984, which dismissed the proceeding.…
Manes v. Simpson Page 43247
In a proceeding pursuant to CPLR article 78, inter alia, to enjoin respondents from commencing a project to expand the New York City Transit Authority’s (Authority) Jamaica Rapid Transit Storage Yard until an environmental impact statement (EIS) is submitted by the Authority to the New York State Department of…
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Health, dated February 22, 1982, withdrawing and annulling the approval previously granted to petitioners for the construction of a nursing home on the ground that petitioners failed to proceed to…
Smith v. Perales Page 43249
In a proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the New York State Department of Social Services which affirmed the determination of respondent Rockland County Department of Social Services to discontinue petitioner’s federally reimbursed public assistance benefits…
In a proceeding pursuant to CPLR article 75 to vacate an intercompany arbitration award, petitioner appeals from a judgment of the Supreme Court, Kings County (Kartell, J.), dated June 30, 1983, which denied the application.…
People v. John B. Page 43251
Appeal by defendant from a judgment of the County Court, Nassau County (Samenga, J.), rendered November 5, 1981, adjudicating him a youthful offender, upon his plea of guilty to arson in the third degree, and imposing sentence.…
People v. Baldenko Page 43252
Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered May 11,1982, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Black Page 43254
Appeal by defendant from a judgment of the Supreme Court, Kings County (Leone, J.), rendered May 14, 1981, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 43255
Appeal by defendant from a judgment of the Supreme Court, Westchester County (McMahon, J.), rendered July 30, 1981, convicting him of robbery in the first degree, upon a jury trial, and imposing sentence.…
People v. Casasnovas Page 43256
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Broomer, J.), rendered May 14,1982, convicting him of assault in the first degree, assault in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Davis Page 43258
Appeal by defendant from a judgment of the Supreme Court, Queens County (Parlo, J.), rendered February 23,1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Falk Page 43259
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Cacciabaudo, J.), imposed May 14,1984, upon his plea of guilty to sodomy in the first degree, sexual abuse in the first degree, and unlawful imprisonment in the first degree, the sentence being concurrent indeterminate…
People v. Fiorvante Page 43260
Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered April 15, 1983, convicting him of burglary in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Grant Page 43261
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered February 9,1983, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Horvath Page 43262
Appeal by the People from an order of the County Court, Westchester County (Marasco, J.), dated December 30, 1983, which granted defendant’s motion, after a hearing, to suppress certain physical evidence and statements.…
People v. Martin Page 43264
Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered September 8,1982, convicting him of murder in the second degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing…
People v. Nicholson Page 43265
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered February 4, 1981, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.…
People v. Ores Page 43266
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered September 23,1983, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Perkins Page 43267
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered September 15, 1981, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.…
People v. Picone Page 43268
Appeal by defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered September 7, 1983, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Price Page 43269
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered September 19, 1983, convicting her of attempted robbery in the second degree, upon her plea of guilty, and imposing a sentence of IVs to 4 years’ imprisonment.…
People v. Reyes Page 43270
Appeal by defendant from a judgment of the Supreme Court, Queens County (Hentel, J.), rendered January 7, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Rivera Page 43271
Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered June 4,1982, convicting him of burglary in the second degree, criminal possession of stolen property in the third degree, and petit larceny, after a nonjury trial, and imposing sentence.…
People v. Andrew S. Page 43272
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered January 20, 1982, adjudicating him a youthful offender, upon a jury verdict finding him guilty of robbery in the second degree.…
People v. Santiago Page 43273
Appeal by defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered March 16, 1982, convicting him of assault in the second degree and burglary in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Schumer Page 43274
Appeal by defendant from a *940judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered December 8,1983, as amended December 21,1983, convicting him of attempted murder in the second degree, assault in the first degree, conspiracy in the second degree, and criminal possession of a weapon in the second…
People v. Sepe Page 43275
Appeal by defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered December 16, 1980, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Sutton Page 43276
Appeal by-defendant Sutton from a judgment of the County Court, Westchester County (Cowhey, J.), rendered May 19,1981, and appeal by defendant Harris from a judgment of the same court, rendered May 21, 1981, convicting each of them of robbery in the first degree (two counts), robbery in the second degree, assault in…
People v. Thompson Page 43277
Appeal by defendant from a judgment of the Supreme Court, Kings County (DeMakos, J.), rendered November 29,1983, convicting him of criminal possession of marihuana in the second degree, upon a jury verdict, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of SV2 to 7 years.…
People v. Wadley Page 43278
Appeal by the People from an order of the Supreme Court, Kings County (Owens, J.), dated October 12,1983, granting defendant’s motion to set aside a jury verdict finding him guilty of robbery in the first degree and robbery in the second degree (two counts), on the ground of newly discovered evidence.…
People v. Washington Page 43279
Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered January 4,1984, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and sentencing him to a definite term of one year’s imprisonment.…
In re Milan Page 43280
Pursuant to statute (Judiciary Law § 90 [7]), the Grievance Committee for the Ninth Judicial District is hereby authorized to institute *944and prosecute a disciplinary proceeding in this court, as petitioner, against Douglas I.…
Colon v. Aetna Life and Casualty Insurance Page 43281
Motion for permission to appeal to the Court of Appeals granted, without costs.…
Albany Medical College v. McShane Page 43282
Motion for reargument denied, without costs.…
Lombardi v. Coughlin Page 43283
Motion for permission to proceed as a poor person with assignment of counsel on appeal from an order in a proceeding pursuant to CPLR article 78 vacating so much of a prior order which prohibited respondents from transferring petitioner from one correctional facility to another.…
People v. Reddy Page 43284
Appeals (1) from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered January 3, 1983, upon a verdict convicting defendant of the crime of attempted robbery in the third degree, and (2) by permission, from an order of said court, entered December 16, 1983, which denied defendant’s motion…
Frazer v. Additional Personnel, Inc. Page 43285
Appeal from a decision of the Workers’ Compensation Board, filed December 30, 1982, which held that a policy of workers’ compensation insurance was properly canceled.…
Gulledge v. Adams Page 43286
Appeal from an order of the Supreme Court at Special Term (Bryant, J.), entered January 10, 1984 in Tompkins County, which granted defendant’s motion for renewal of a prior motion to vacate a default judgment, and upon renewal, vacated the judgment.…
Appeals from two judgments of the Supreme Court at Special Term (Kahn, J.), entered January 12, 1984 in Albany County, which dismissed petitioner’s applications, in two proceedings pursuant to CPLR article 78, to annul determinations of the Commissioner of Agriculture and Markets granting extensions of milk dealer’s…
People v. Measheaw Page 43288
Appeal from a *953judgment of the County Court of St. Lawrence County (Duskas, J.), rendered February 29, 1984, upon a verdict convicting defendant of the crimes of burglary in the third degree and petit larceny.…
Soffer v. Elmendorf Page 43289
Cross appeals from an order of the County Court of Albany County (Clyne, J.), entered January 4, 1984, which modified a judgment of the Albany City Court granting summary judgment in favor of plaintiffs by reversing so much thereof as dismissed defendant’s counterclaims.…
People v. Marlowe Page 43290
Appeal from a judgment of the County Court of Chenango County (Ingraham, J.), rendered March 30,1984, convicting defendant upon his plea of guilty of the crime of murder in the second degree.…
Foronda v. Craven Page 43291
Appeals (1) from a judgment of the Supreme Court in favor of defendant Margaret Craven, entered March 1, 1984 in Albany County, upon a verdict rendered at Trial Term (Conway, J.), and (2) from an order of said court, entered March 16, 1984 in Albany County, which denied plaintiffs’ motion to set aside the verdict.…
Tidball v. Tidball Page 43292
Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered April 12, 1984 in Schenectady County, which denied plaintiff’s motion to, inter alia, resettle a prior order.…
People v. Butterfield Page 43293
Appeal from a judgment of the County Court of Saratoga County (Brown, J.), rendered April 27, 1984, upon a verdict convicting defendant of the crime of reckless endangerment in the first degree.…
Ressis v. Mactye Page 43294
Appeal from an order of the Supreme Court at Special Term (Siracuse, J.), entered May 1, 1984 in Monroe County, which inter alia, granted defendants’ motion for summary judgment dismissing the complaint.…
People v. Cummins Page 43295
Appeal from a judgment of the County Court of Chenango County (Ingraham, J.), rendered March 26,1984, upon a verdict convicting defendant of the crime of criminal possession of marihuana in the first degree.…
Akey v. State Page 43296
Appeal from a judgment in favor of claimants, entered March 14, 1984, upon a decision of the Court of Claims (Murray, J.).…
Krogh v. K-Mart Corp. Page 43297
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered April .12, 1984 in Albany County, which, inter alia, modified a prior order of Special Term by directing defendant Seventeenth Albany Corporation to furnish a factual affidavit documenting its insurance coverage.…
Shea v. McCall Page 43298
Proceeding initiated in this court pursuant to Executive Law § 298 to review determinations of the State Division of Human Rights, dated August 9, 1983, which dismissed petitioner’s complaints of unlawful discriminatory practice based on sex and retaliation.…
Shay v. City of Elmira Page 43299
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated October 26, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice relating to employment.…
Stone v. Stone Page 43300
Appeal from an order of the Family Court of Rensselaer County (Reeves, J.), entered February 27, 1984, which, inter alia, dismissed respondent’s cross petition for modification of his support obligation.…
Jeffries v. Berney Page 43301
Appeal from an amended decision of the Workers’ Compensation Board, filed December 22, 1983.…
Romano v. Franklin General Hospital Page 43302
Appeal from a decision of the Workers’ Compensation Board, filed September 15,1983, as amended by decision filed May 23, 1984.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which established a 1982 final equalization rate for the City of Syracuse.…
In re the Claim of Murello Page 43304
Appeal from a decision of the Unemployment Insurance Appeal Board, filed *975November 22,1983, which held the employer liable for contributions on the remuneration paid to claimant for the audit period from October 1, 1982 to December 31, 1982.…
Meilak v. Meilak Page 43305
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered April 18, 1984 in Albany County, which, inter alia, denied defendant’s motion for *976execution of a proposed judgment pursuant to CPLR 9002 and granted plaintiff’s cross motion to dismiss the prior action.…
Roscoe v. New York Telephone Co. Page 43306
Appeal from a decision of the Workers’ Compensation Board, filed December 15, 1983.…
Augsbury v. Adams Page 43307
Cross appeals from an order of the Supreme Court at Special Term (Crangle, J.), entered April 20, 1984 in St. Lawrence County, which, inter alia, granted defendants’ motion for summary judgment dismissing plaintiffs’ second cause of action and denied defendants’ cross motion for sanctions and costs in defeating…
State Bank of Albany v. McAuliffe Page 43308
Appeal from an order and judgment of the Supreme Court at Special Term (Pennock, J.), entered January 13, 1984 in Albany County, which granted plaintiff’s motion to dismiss defendant’s counterclaims and granted plaintiff summary judgment thereon.…
Tetens v. Elston Realty Corp. Page 43309
Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered January 20, 1984 in Montgomery County, which, inter alia, denied third-party defendant H.…
Appeal from a decision of the Workers’ Compensation Board, filed March 27, 1984.…
Clark v. Vicinanzo Page 43312
Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered June 12, 1984 in Montgomery County, which granted plaintiff’s motion to vacate the demand of defendant Vincent E.…
People ex rel. Ryan v. Infante Page 43318
Appeal from a judgment of the County Court of Albany County (Harris, J.), entered January 16, 1984, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
In re Victoria SS. Page 43319
Appeal from orders of the Family Court of Delaware County (Estes, J.), entered January 19, 1984, which, inter alia, found one of respondent’s children to be abused and all of respondent’s children to be neglected, and placed the children in petitioner’s custody for a period of 18 months.…
Delta Filter Corp. v. Morin Page 43320
Cross appeals from a judgment of the Supreme Court, entered January 18, 1984 in Saratoga County, upon a decision of the court at Trial Term (Ford, J.), without a jury.…
People v. Medina Page 43321
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered January 13, 1984, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.…
People ex rel. De Cicco v. LeFevre Page 43322
Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered June 7, 1983 in Clinton County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
Soltysiak v. Soltysiak Page 43323
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered April 19, 1984 in Albany County, which, inter alia, granted defendant’s motion for temporary maintenance and child support.…
Ramundo v. Town of Guilderland Page 43324
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered May 4, 1984 in Albany County, which granted plaintiffs’ motion to amend their complaint.…
Appeal from an order of the Supreme Court at Special Term (Amyot, J.), entered May 2, 1984 in Saratoga County, which partially granted defendant Angela Diamond’s motion for summary judgment and dismissed those causes of action in the complaint seeking to recover for the death of an unborn child and for emotional and…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated May 20,1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on race and color.…
Keefe v. Rensselaer County Page 43327
Proceeding, initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated January 18,1984, which dismissed petitioner’s complaints of an unlawful discriminatory practice based on sex.…
Peters v. Troy Housing Authority Page 43328
Appeals from a judgment of the Supreme Court in favor of plaintiff, entered April 25, 1984 in Rensselaer County, upon a verdict rendered at Trial Term (Cholakis, J.), and a decision of the court directing that Troy Housing Authority have judgment on its claim against Otis Elevator Company.…
Komanko v. Perales Page 43329
Proceeding *1001pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Broome County) to review a determination of respondent Commissioner of the State Department of Social Services which allotted petitioner food stamp benefits of $10 per month.…
Appeals (1) from an order of the Court of Claims (Murray, J.), entered June 28, 1983, which, inter alia, denied claimant’s application pursuant to Court of Claims Act § 10 (6) for permission to file a late claim, and (2) from an order of said court, entered January 27, 1984, which denied claimant’s motion to renew.…
Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered December 13, 1983 in Ulster County, which granted defendant Phil-Mar Lumber Corporation’s motion to vacate a default judgment entered against it.…
Demyan v. Monroe Page 43332
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to annul a determination by respondent which revoked petitioner’s permit to carry a pistol.…
Brabaw v. Brabaw Page 43333
Appeal from a judgment of the Supreme Court ordering equitable distribution of the parties’ marital property, entered November 23, 1983 in St. Lawrence County, upon a decision and supplemental decision of the court at Trial Term (Harvey, J.), without a jury.…
In re the claim of Gunnip Page 43334
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 20, 1984, which ruled that claimant was entitled to receive benefits.…
People ex rel. Williams v. Rodriguez Page 43335
Appeal from a judgment of the Supreme Court at Special Term (Williams, J.), entered June 5, 1984 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
Zwack v. Passidomo Page 43336
Proceeding pursuant to CPLR article 78 (transferred to this court by order óf the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which revoked petitioner’s driver’s license for refusal to submit to a chemical test.…
Dlugosz v. Exchange Mutual Fire Insurance Page 43337
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered January 4, 1984 in Schenectady County, which granted defendant’s motion to dismiss that portion of the complaint seeking punitive damages, and granted summary judgment in favor of defendant with respect thereto.…
In re Beeman Page 43338
Appeals from an order of the Supreme Court at Special Term (Viscardi, J.), entered January 17, 1984 in Warren County, which, in a proceeding pursuant to CPLR article 77, inter alia, denied respondents’ motion to compel petitioner to answer certain questions posed at his oral deposition.…
In re Wiegen Page 43339
By decision dated April 6,1984, this *1013court suspended respondent from the practice of law for six months because he (1) solicited by mail the victims and families of the Hyatt Regency Hotel disaster in Kansas City, Missouri in July 1981, (2) made deceptive and misleading statements in the solicitation letters to…
Motion for permission to appeal to the Court of Appeals granted, without costs.…
People v. Owens Page 43341
Appeal from a judgment of the County Court of Tompkins County (Friedlander, J.), rendered October 26, 1981, upon a verdict convicting defendant of the crime of rape in the first degree.…
People v. Nicholos Page 43342
Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered March 9, 1982, upon a verdict convicting defendant of the crimes of conspiracy in the third degree, grand larceny in the third degree and offering a false instrument for filing in the first degree (six counts).…
People v. Holmes Page 43343
Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered March 9, 1982, upon a verdict convicting defendant of the crimes of conspiracy in the third degree, grand larceny in the third degree and offering a false instrument for filing in the first degree (six counts).…
People v. Banks Page 43344
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered December 3, 1982, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.…
Coleman v. Coombe Page 43345
Appeal from a judgment of the Supreme Court at Special Term (Torraca, J.), entered November 16,1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of a Superintendent’s proceeding finding petitioner guilty of violating a prison…
People v. Howland Page 43346
Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered October 17, 1983, which revoked defendant’s probation and imposed a sentence of imprisonment.…
People v. Welch Page 43347
Appeal, by permission, from an order of the County Court of Albany County (Clyne, J.), entered March 8,1984, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of attempted criminal sale of a controlled substance in the third degree, without a hearing.…
Arnold v. State Page 43348
Appeal from a judgment of the Court of Claims (Murray, J.), entered February 27, 1984, which dismissed the claim.…
Turner v. Spaide Page 43349
Appeal, in action No. 1, from a judgment of the Supreme Court in favor of defendant, entered November 1, 1983 in Montgomery County, upon a verdict rendered at Trial Term (Crangle, J.).…
People ex rel. McKinnon v. Infante Page 43350
Appeal from a judgment of the Supreme Court at Special Term (Pennock, J.), entered *1027April 23, 1984 in Albany County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
In re the Claim of Tucker Page 43351
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 5, 1984, which ruled that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause.…
Sedlacek v. IBM Corp. Page 43352
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated November 29, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on age.…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated February 27, 1984, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on race, color and sex.…
Gray v. Albany Medical Center Hospital Page 43354
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated February 23,1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on race and color.…
Locatelli v. Blanchard Page 43355
Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered November 1, 1983 in Fulton County, which granted defendant’s motion to dismiss the complaint.…
Mitchell v. State Page 43356
Appeal from a judgment of the Court of Claims (Koreman, P.…
Chandler v. Chandler Page 43357
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered August 8, 1984 in Saratoga County, which, inter alia, granted defendant’s motion to vacate the notice of discontinuance filed by plaintiff.…
Stone v. A.L.S. Construction Co. Page 43358
Appeal from an amended decision of the Workers’ Compensation Board, filed March 6, 1984, which ruled, inter alia, that claimant’s injury did not arise out of or in the course of his employment and denied his claim for benefits.…
Julie UU. v. Joseph VV. Page 43359
Appeal from an order of the Family Court of Washington County (Leary, J.), entered August 8, 1983, which dismissed a petition seeking a declaration that respondent was the father of petitioner’s child.…
Kay v. Board of Regents of University Page 43360
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to annul a determination of the Commissioner of Education which found petitioner guilty of professional misconduct in the practice of veterinary medicine.…
Super v. Abdelazim Page 43361
Appeal from a judgment of the Supreme Court at Special Term (Smyk, J.), entered December 15, 1983 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Oneida Savings Bank v. Tese Page 43362
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered April 17, 1984 in Albany County, which granted plaintiff’s motion for summary judgment seeking declaratory relief.…
Appeals (1) from an order of the Supreme Court at Special Term *1044(Crangle, J.), entered.…
Appeal from a judgment of the Supreme Court at Special Term (Viscardi, J.), entered July 3, 1984 in Clinton County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.…
Nixon v. State Page 43365
Appeal from an order of the Court of Claims (Hanifin, J.), entered June 1,1984, which dismissed the claim.…
Rightmyer v. State Page 43366
Appeal from an order the Court of Claims (Murray, J.), entered July 25,1984, which granted the State’s motion for summary judgment dismissing the claim.…
Maricle v. Mick Page 43367
Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered July 20,1984 in Chemung County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Mckenna v. Coughlin Page 43368
Motion for permission to proceed as a poor person treated as an application, pursuant to CPLR 5704 (subd [a]), to review an order of the Supreme Court at Special Term, which dismissed as untimely an ex parte petition in a proceeding pursuant to CPLR article 78.…
Jane PP. v. Paul QQ. Page 43369
Appeal from an order of the Family Court of Cortland County (Mullen, J.), entered May 11, 1983, which directed respondent to pay $60 per week for the support of his infant child, $1,450 in support arrears and $750 for petitioner’s counsel fees.…
In re the Estate of Lezotte Page 43370
Appeal from a decree of the Surrogate’s Court of Rensselaer County (Travers, S.), entered October 28, 1982, which ruled that the sixth paragraph of decedent’s will was unambiguous and that decedent had therein devised the property described to respondent.…
People v. Miller Page 43371
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered August 1,1983, upon a verdict convicting defendant of the crime of murder in the second degree.…
People v. Briggs Page 43372
Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 31, 1983, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.…
People v. Johnson Page 43373
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered November 22, 1983, upon a verdict convicting defendant of the crimes of reckless endangerment in the first degree and criminal possession of a weapon in the third degree.…
Bishop v. Chirico Page 43374
Appeals (1) from a judgment of the County Court of Montgomery County in favor of defendant on the first and second causes of action, entered August 31, 1983, upon a verdict rendered at Trial Term (White, J.), and (2) from an order of said court, entered November 4,1983, which denied plaintiff’s motion to retax or…
People v. Harrington Page 43375
Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered November 29, 1983, upon a verdict convicting defendant of the crimes of sodomy in the first degree and sexual abuse in the first degree.…
Hoke v. Shanker Page 43376
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered January 19,1984 in Albany County, which, inter alia, denied plaintiffs’ motion for a preliminary injunction and granted defendants’ cross motion for summary judgment dismissing the complaint.…
Watson v. Lefevre Page 43377
Appeal from a judgment of the Supreme Court at Special Term (Mercure, J.), entered January 5,1984 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination óf a Superintendent’s proceeding finding petitioner guilty of violating certain…
Saint Mary's Hospital v. Axelrod Page 43378
Appeals (1) from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered September 1, 1983 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies, (2) from an order of said court, entered…
Van Loan v. Dillenbeck Page 43379
Appeal from an order of the Family Court of Montgomery County (Catena, J.), entered April 5,1984, which awarded permanent custody of the parties’ child to respondent.…
Tetreault v. State Page 43380
Appeal from a judgment in favor of claimant, entered March 7, 1984, upon a decision of the Court of Claims (Murray, J.).…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated March 28, 1984, which partially dismissed petitioner’s complaints of unlawful discriminatory practices based on sex and retaliation.…
People v. Contompasis Page 43382
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 6, 1984, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the second degree.…
People v. Paradise Page 43383
Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.), rendered April 19,1984, upon a verdict convicting defendant of the crime of forgery in the second degree.…
Knauff v. Fritz Page 43384
Appeal from an order of the Family Court of Chemung County (Danaher, Jr., J.), entered December 19, 1983, which dismissed petitioner’s application for a change in custody of the parties’ minor child.…
Nunes v. State Page 43385
Appeal from a judgment in favor of claimants, entered March 5, 1984, upon a decision of the Court of Claims (Hanifin, J.).…
Cohen v. Cohen Page 43386
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered December 15, 1983 in Albany County, upon a decision of the court at Trial Term (Cholakis, J.), without a jury.…
Rodriguez v. Messenger Page 43387
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered December 23, 1983 in Sullivan County, which granted defendant Stella Tenenbaum’s motion for summary judgment dismissing, inter alia, the complaint as to her.…
Pignataro v. Balsamo Page 43388
Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered May 24, 1984 in Saratoga County, which denied defendant’s motion for leave to serve an amended answer setting forth a counterclaim.…
Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered February 9, 1984 in Montgomery County, which granted a motion by respondent Canajoharie United School Employees for renewal, and upon renewal, adhered to its prior decision granting petitioner’s application pursuant to CPLR 7511 to vacate…
Bank Leumi Trust Co. v. John Malasky, Inc. Page 43390
Cross appeals from an order of the Supreme Court at Special Term (Williams, J.), entered July 23, 1984 in Columbia County, which granted defendant’s motion to vacate a default judgment entered against it and dismissed plaintiff’s complaint without prejudice to serve an amended complaint.…
In re the Claim of Laudadio Page 43391
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 18, 1984, which ruled that claimant was entitled to receive benefits effective July 4, 1983.…
Tyrrell v. Town of Greenville Page 43392
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered July 6,1984 in Greene County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to comply with a decision of a hearing officer directing a reduction in petitioner’s real property…
Appeal from an *1094order of the Supreme Court at Special Term (Kahn, J.), entered April 17, 1984 in Albany County, which, inter alia, denied plaintiff’s motion for summary judgment.…
Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered October 2, 1984 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Environmental Conservation granting a State Pollutant Discharge…
Goresen v. Gallagher Page 43395
Appeal from an order of the County Court of Greene County (Zittell, J.), entered April 19,1984, which ordered Greene County to pay counsel fees incurred on behalf of respondent Elizabeth Gallagher, who had proceeded in the underlying proceeding as a poor person with assigned counsel.…
Burke v. Nationwide Insurance Page 43396
Appeal from an order of the Supreme Court at Special Term (Swartwood, J.), entered February 14, 1984 in Tompkins County, which, inter alia, conditionally denied defendant’s motion for summary judgment dismissing the complaint.…
Kilbride v. Town of Fallsburg Page 43397
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered February 8,1984 in Sullivan County, which denied plaintiffs’ motion for a default judgment and granted defendant’s cross motion to the extent of permitting the service of an answer.…
Dufresne v. Duemler Page 43398
Appeals (1) from an order of the Supreme Court at Special Term (Mercure, J.), entered February 14, 1984 in Montgomery County, which granted defendants’ motion for a protective order, and (2) from an order of said court, entered May 2, 1984 in Montgomery County, which denied plaintiff’s motion to resettle the prior…
Gottlieb v. Gottlieb Page 44048
(concurring). The only issue is custody and visitation for a seven-year-old girl.…
In re Gerson Page 45905
OPINION OF THE COURT Respondent Everett Wolfe Gerson was admitted to practice in the First Department on November 30, 1953.…
Bretton v. Mutual of Omaha Insurance Page 45991
OPINION OF THE COURT Mutual of Omaha issued plaintiff an accident policy in the principal amount of $100,000, with additional medical benefits of $5,000, insuring her “against certain specified losses resulting * * * from accidental bodily injuries * * * received in the manner specified in any section of Part A”.…
In re Noble Page 46124
OPINION OF THE COURT The Departmental Disciplinary Committee for the First Department moves to strike respondent’s name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b).…
In re Cowan Page 46130
OPINION OF THE COURT Petitioner, Departmental Disciplinary Committee (DDC) for the First Judicial Department, moves for an order: (1) confirming the findings of a report of a hearing panel (Panel); (2) disaffirming the Panel’s recommendation on sanction; and (3) suspending respondent Arthur Cowan (respondent) for a…
OPINION OF THE COURT These appeals raise the question of whether a qualified out-of-State self-insurer is an “insurer” within the province of New York’s no-fault insurance law.…
In re McKaba Page 46407
OPINION OF THE COURT The respondent was admitted to practice by this court on March 9, 1953.…
In re Kanter Page 46503
OPINION OF THE COURT The respondent was admitted to practice by this court on May 5, 1976.…
OPINION OF THE COURT After hearing evidence regarding charges of illegal possession and use of a controlled substance, a Grand Jury of the County Court of Tompkins County, impaneled April 24, 1984, returned an indictment against one Stanley A.…
In re Ozzi Page 46545
OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, First Judicial Department, on November 28,1948.…
In re Finiello Page 46546
OPINION OF THE COURT Respondent was admitted to practice by this court on February 16, 1977 under the name of Philip John Finiello.…
People v. Sanders Page 47063
OPINION OF THE COURT Defendant appeals from a judgment of the Supreme Court, Kings County, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, and imposing sentence.…
People v. Francis Page 47064
OPINION OF THE COURT Police responded to a tip concerning a “man with a gun”.…
Aboujdid v. Singapore Airlines, Ltd. Page 47065
OPINION OF THE COURT Under the Foreign Sovereign Immunities Act (28 USC, part IV, ch 97) foreign States and their instrumentalities may, sub*331ject to certain exceptions, raise a defense of the lack of subject matter jurisdiction of actions brought against them in this country.…
In re Kressner & Schulman Page 47066
OPINION OF THE COURT Respondent Kressner was admitted to the Bar at a term of the Appellate Division of the Supreme Court, First Judicial Department, on January 26,1976.…
OPINION OF THE COURT The substantive issue presented on this appeal by defendants Kentucky Agricultural Energy Corporation (KAEC) and Citibank, N.…
Klein v. Jamor Purveyors, Inc. Page 47068
OPINION OF THE COURT The primary question presented on these appeals is whether the Statute of Frauds bars enforcement of an oral modification of a written corporate shareholders’ agreement, which oral modification was allegedly agreed upon by the sole shareholders and the corporation.…
OPINION OF THE COURT Plaintiff S&S Hotel Ventures Limited Partnership (S & S) appeals from an order granting defendant’s motion pursuant to CPLR 3211 (a) (7), dismissing plaintiff’s second cause of action for failure to state a cause of action.…
Hacohen v. Bolliger Ltd. Page 47070
OPINION OF THE COURT In November 1978 Luigi Matassi, an Italian art dealer and plaintiff’s assignor, arranged with defendant Bolliger Transport S.N.C., an Italian corporation (hereafter Bolliger Transport) to ship two cases of stonework antiques, which were insured for $7,654, from Rome to Mr. Matassi’s consignee, Dr.…
Riverside Research Institute v. KMGA, Inc. Page 47071
OPINION OF THE COURT Plaintiff-respondent Warwick Investors (Warwick) is a New York partnership.…
City of New York v. New York Telephone Co. Page 47072
OPINION OF THE COURT On September 3, 1959, the City Council enacted Local Law No. 78 of the City of New York which provides: “Public Telephone Booths.…
Zoldas v. Louise Cab Corp. Page 47073
*379OPINION OF THE COURT This is an appeal from the denial of a motion for summary judgment dismissing the complaint for failure to meet the threshold requirement of a “serious injury” as defined by the No-Fault Law (Insurance Law § 671 [4]).…
State v. Peerless Insurance Page 47074
OPINION OF THE COURT The State of New York (State) is appealing from a denial of its motion, for summary judgment in the instant action, which concerns the State’s right to recover under credit and performance bonds, issued by the defendant Peerless Insurance Company.…
Wilson v. Lufthansa German Airlines Page 47075
OPINION OF THE COURT Plaintiff Willie Wilson was injured in an accident at John F.…
In re Brotman Page 47076
OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division, First Department, on March 14,1955.…
In re Newman Page 47077
OPINION OF THE COURT The respondent was admitted to practice by this court on January 25, 1978 under the name Kenneth Alan Newman.…
Pearson v. Pearson Page 47078
*403OPINION OF THE COURT The parties obtained a New Hampshire divorce decree effective September 6, 1977.…
Hudson City Savings Institution v. Drossos Page 47079
OPINION OF THE COURT The sole issue in this case is whether an estate tax lien, arising upon a decedent’s death in favor of the United States of America, extends to the full value of property owned by decedent and his spouse as tenants by the entirety or is limited to decedent’s individual one-half interest.…
People v. Crandall Page 47080
OPINION OF THE COURT On September 9, 1983, a State Police investigator made an oral application via telephone to a County Judge of Albany County, pursuant to CPL 690.35, for a search warrant authorizing the search for illegal drugs of defendant’s person, possessions and of his truck, which had been observed parked in…
Five Towns College v. Citibank Page 47081
OPINION OF THE COURT The issues raised on this appeal concern the propriety of Special Term’s refusal to grant plaintiff partial summary judgment in its action to recover damages arising out of defendant’s alleged improper payment of a series of checks bearing forged drawers’ signatures, and its further decision to…
Ltown Ltd. Partnership v. Sire Plan, Inc. Page 47082
OPINION OF THE COURT The only issue of substance on these appeals is whether an appellate court has the power to impose monetary sanctions in addition to statutory costs where it is determined that the appeals are vexatious and frivolous.…
Gabrelian v. Gabrelian Page 47083
OPINION OF THE COURT While inherent power resides in the courts of record in this State to impose financial sanctions upon parties or their attorneys who engage in abusive litigation practices, based upon the circumstances of the case before us we conclude that Special Term’s exercise of its inherent power constituted…
People v. Walsh Page 47084
OPINION OF THE COURT The instant case presents the question of whether a person who files a false New York State and local sales and use tax return may be subject to prosecution under the Penal Law for the crime of offering a false instrument for filing in the first degree.…
OPINION OF THE COURT The most important question presented on this appeal is whether the State courts have concurrent jurisdiction with *469Federal courts to adjudicate private civil actions for treble damages under the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 USC §§ 1961-1968, in particular §…
Alexander R. v. Alvin R. Page 47087
Order, Supreme Court, Bronx County (Howard Goldfluss, J.), entered on or about February 10, 1983, and three orders of the Family Court, Bronx County (Judith Sheindlin, J.), entered on March 11,1983, unanimously affirmed, without costs and without disbursements.…
Order and judgment (one paper), Supreme Court, New York County (Martin Stecher, J.), entered on or about January 24, 1984, and judgment of said court entered on February 28, 1984, unanimously affirmed for the reasons stated by Martin Stecher, J., at Trial Term.…
De Luise v. Gliedman Page 47089
Judgment, entered November 22, 1983 in Supreme Court, New York County (Ira Gammerman, J.), granting this CPLR article 78 petition to the extent of remanding the matter for further action and continuing a temporary restraining order, is unanimously reversed, on the law, the facts and in the exercise of discretion, the…
Oppenheim & Macnow v. Worth Page 47090
Order of the Supreme Court, New York County (Arthur E.…
Thomas v. Elgate Realty Corp. Page 47091
Judgment, Supreme Court, Bronx County (Dorothy E.…
Twelve Lions Realty Co. v. 684 Owners Corp. Page 47092
Order and judgment (one paper) of the Supreme Court, New York County (Alfred ,M.…
City of New York v. Hollander Page 47093
Order of the Supreme Court, New York County (Bradley, J.), entered June 11, 1984, which granted the petitioner City of New York’s application and directed Eugene and/or Monica Hollander to deliver to the Sheriff all certificates of the stock of Henry and Warren Corporation for sale, and order of said court entered on…
Judgment, Supreme Court, Bronx County (Irwin Silbowitz, J.), entered November 24, 1982, amended by order (same court) entered May 17, 1983 which, inter alia, had (1) declared plaintiff’s entitlement to and awarded immediate possession of a driveway easement, (2) ejected defendant therefrom, (3) granted a mandatory…
829 Park Avenue Corp. v. La Bruna Page 47095
Judgment, Supreme Court, New York County (Nicholas Ferraro, J.), entered March 30, 1984, which, inter alia, enjoined defendant La Bruna from maintaining a dental practice at 829 Park Avenue as his principal office and permitted him to conduct a limited dental practice within apartment ID at said premises, no more than…
Westpac Banking Corp. v. Deschamps Page 47096
Order, Supreme Court, New York County (Arthur *610Blyn, J.), entered on or about June 22, 1984, unanimously reversed, on the law, and said fourth cause of action reinstated.…
Fine v. Spierer Page 47097
— Order, Supreme Court, New York County (Felice Shea, J.), entered October 9, 1984, which denied plaintiff’s motion for an order of attachment, unanimously reversed, on the law, with costs, and the motion for an order of attachment is granted.…
Sutherland v. New York City Page 47098
Motion for leave to appeal to the Court of Appeals granted and the following question certified: “Was the order of this court, which reversed the order of the Supreme Court, properly made?” Concur — Murphy, P.…
Southeast Bank v. Lawrence Page 47099
Motion, insofar as it seeks reargument, denied, and insofar as it seeks leave to appeal to the Court of Appeals granted and the following question certified: “Was the order of the Supreme Court, as affirmed by this court, properly made?” Concur — Sandler, J.…
In re Rosen Page 47100
— Motion granted and respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective March 5, 1985.…
People v. Nesbitt Page 47101
— Judgment, Supreme Court, New York County (Sheldon Levy, J., at Mapp hearing; James Leff, J., at sentence), rendered on January 9,1984, unanimously affirmed.…
— Order, Supreme Court, New York County (Edward Greenfield, J.), entered on *614December 7, 1984, unanimously affirmed, without costs and without disbursements.…
Eros Restaurant Corp. v. Frank Page 47103
— Amended order and judgment (one paper), Supreme Court, New York County (Richard Wallach, J.), entered on November 2, 1984, unanimously affirmed, without costs and without disbursements.…
Muller v. City of New York Page 47104
— Order, Supreme Court, Bronx County (Irma Vidal Santaella, J.), entered August 8, 1984, which denied the motion of defendants to extend their time to serve a response to the plaintiff’s demand for a bill of particulars relative to defendants’ affirmative defenses, is unanimously reversed, on the law, the facts and in…
People v. Cable Page 47105
— Upon remittitur from the Court of Appeals (63 NY2d 270), the orders of this court entered November 10,1983 (96 AD2d 251) are vacated and the judgments, Supreme Court, New York County (Torres, J.), rendered November 19, 1981, which convicted defendants of murder in the second degree (felony murder), manslaughter in…
Oncology Associates v. McGraw-Hill Corp. Page 47106
— Order of the Surpreme Court, New York County (Sherman, J.), entered June 24,1983, granting the cross motion of plaintiff to amend its complaint, deeming the complaint amended and treating defendants’ separate motions to dismiss plaintiff’s complaint as motions directed to the amended complaint, and granting said…
— Order and judgment (one paper), Supreme Court, New York County (Wallach, J.), entered on or about May 14,1984, which declared, inter alia, that the defendant City of New York was not permitted under paragraph 2.2 (E) of article 2 of the 1983-1984 purchase agreement to “set off” moneys due the plaintiff under the…
People v. Culpepper Page 47108
Judgment of the Supreme Court, New York County (Berman, J.), rendered February 16, 1983, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of from 15 years to life imprisonment, is unanimously modified, on the law and facts, to reduce defendant’s conviction from…
In re Robert W. Page 47109
— Order of the Family Court, Bronx County (Nason, J.), entered on January 11, 1984, which, after a determination that appellant had committed acts which, if committed by an adult, would constitute a crime, adjudicated appellant a juvenile delinquent and placed him with the New York State Division for Youth, title III…
— Order and judgment (one paper) of the Supreme Court, New York County (Ascione, J.), entered on August 2, 1984, which granted the application by respondent-appellant to permanently stay arbitration, is unanimously reversed, on the law, and the application is denied, without costs.…
Bell v. Princeton Skate & Ski Shop Page 47111
— Order of the Supreme Court, New York County (Gammerman, J.), entered on August 10,1984, denying defendant’s motion to vacate a default judgment rendered against it on March 28, 1984 on the ground that the default resulted from excusable negligence, unanimously reversed, on the law, on the facts and in the exércise…
In re Worldwide Management Consultants, Inc. Page 47112
— Order, Supreme Court, New York County (Edward J.…
Lewitinn v. Loventhal Management Co. Page 47113
— Order of the Supreme Court, New York County (Wallach, J.), entered July 18, 1983, which denied defendant’s motion for summary judgment without prejudice to renewal upon papers showing how preclusion of the particulars sought in the demand will make it impossible for plaintiff to establish a prima facie case…
— Order, Supreme Court, New York County (David H.…
In re Michael D. Page 47115
— Order of disposition of the Family Court, Bronx County (Judith Sheindlin, J., at disposition; Stanley H.…
People v. Smith Page 47116
— Appeal from order of the Supreme Court, New York County (George Roberts, J.), entered April 4, 1984, granting defendant’s motion to dismiss, in the interest of justice, an indictment charging him with robbery in the first and second degrees and assault in the second degree, held in abeyance, and the matter is…
Tapscott Food Corp. v. Dover Insurance Page 47117
— Order, Supreme Court, New York County (Shorter, J.), entered September 28, 1983, which, inter alia, denied, without prejudice, plaintiffs’ motion to sever defendant Dover from the action, unanimously modified, on the law and the facts and in the exercise of discretion, with costs and disbursements to plaintiff, and…
Tepper v. Constantinou Page 47118
— Order of the Supreme Court, New York County *639(White, J.), entered May 1,1984, which denied plaintiff’s motion to restore this case to the Trial Calendar and to vacate the prior dismissal of this action with prejudice, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs…
— Order, Supreme Court, New York County (Arthur E.…
Shelley v. Howatt Page 47120
— Order, Supreme Court, New York County (Harold Tompkins, J.), entered on November 5, 1984, unanimously affirmed, without costs and without disbursements.…
Dumay v. State Division of Human Rights Page 47121
— Appeal from the order, State Division of Human Rights, dated May 18, 1984, unanimously dismissed as time barred, without costs and without disbursements.…
Moutoussis v. Moore Page 47122
— Order, Supreme Court, New York County (Orest Maresca, J.), entered on September 4, 1984, unanimously affirmed, without costs and without disbursements.…
Liggett v. Liggett Page 47123
— Resettled order and judgment (one paper), Supreme Court, New York County (Margaret Taylor, J.), entered on February 2, 1984, unanimously affirmed for the reasons stated *643by Taylor, J., at Special Term.…
People v. Clark Page 47124
Judgment, Supreme Court, New York County (Rena K.…
People v. Bond Page 47125
— Judgment, Supreme Court, New York County (Irving Lang, J.), rendered on January 14, 1982, unanimously affirmed.…
H & J Blits, Inc. v. Blits Page 47127
— Judgment, Supreme Court, New York County (Edwards, J.), entered on December 12, 1983, granting defendants’ motion for summary judgment dismissing the complaint on the grounds, inter alia, of forum non conveniens, affirmed for the reasons stated by David H.…
— Order of the Supreme Court, New York County (Saxe, J.), entered September 12,1984, denying defendant Manhattan and Bronx Surface Transit Operating Authority’s motion for summary judgment dismissing the complaint and granting plaintiff’s cross motion for, inter alia, leave to amend the complaint and for leave to…
Wright v. Board of Education Page 47129
— Judgment, Supreme Court, Bronx County (Dorothy E.…
Daigle v. Texas International Co. Page 47130
—: Order of the Supreme Court, New York County (Leonard N.…
Daly v. Becker Page 47131
— Order, Supreme Court, New York County (Arthur Blyn, J.), entered May 3, 1984, granting defendants’ motion dismissing the first, second and third causes of action in the complaint, unanimously modified, on the law, to the extent of striking so much of the order as dismissed the first cause of action, and substituting…
Bernstein v. Freudman Page 47132
— Order, Supreme Court, New York County (Martin Evans, J.), entered October 25, 1984, denying plaintiffs’ motion for partial summary judgment on the third cause of action with leave to renew if the judgment previously entered herein is not reversed by the Court of Appeals, and remains unpaid, modified, on the law…
— Order, Supreme Court, New York (Bruce Wright, J.), entered on or about February 16, 1984, which dismissed the petition against respondent Blue Cross and Blue Shield of Greater New York with prejudice, is unanimously modified, on the law and the facts, to the extent of deleting the words “with prejudice” and…
Richardson v. State Division of Human Rights Page 47134
— Motion for clarification granted to the extent of resettling this court’s order entered on March 13,1984 (99 AD2d 1034) so as to reflect that said order affirmed two orders of the State Human Rights Appeal Board, both dated June 14,1983.…
In re Crescenzi Page 47135
— Motion granted to the extent of enjoining the use of the letterhead described in the order of this court, but respondent permitted to use a letterhead indicating that he is admitted to practice only before the United States District Court for the Eastern District of New York and, under certain restrictions, before…
Chimart Associates v. Paul Page 47136
— Order of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered May 15, 1984, denying plaintiff’s motion for summary judgment and granting defendant’s cross motion for leave to amend his answer to assert an additional affirmative defense of mutual mistake or fraud, reversed, on the law, the motion for…
— Order of the Supreme Court, New York County (Michael J.…
Hepburn v. Moscatiello Page 47138
— Judgment, Supreme Court, Bronx County (Callahan, J.), entered on August 4, 1983, unanimously modified, on the law and the facts, and a new trial ordered on the issue of damages only with respect to plaintiff Sarah Hepburn and otherwise affirmed, without costs or disbursements, unless plaintiff Sarah Hepburn, within…
— Order of the Supreme Court, New York County (S.…
Bradley v. Bradley Page 47140
— Order of the Supreme Court, New York County (Stanley Ostrau, J.), entered November 30, 1984, directing defendant to execute all documents necessary to enable plaintiff and the two infant children of the parties to travel to South Africa for a period of one month upon compliance by plaintiff with certain conditions…
Karp v. Karp Page 47141
— Order of the Supreme Court, New York County (Kenneth Shorter, J.), entered September 25, 1984, dismissing plaintiff’s second cause of action seeking a division of community property acquired by the parties while they were domiciliaries of the State of California and such other property as has been acquired in…
People v. Newland Page 47142
— Judgment of the Supreme Court, New York County (Thomas Dickens, J., at trial; Clifford Scott, J., at sentence), rendered on February 2,1983, convicting defendant, following a jury trial, of two counts of robbery in the second degree and one count of assault in the second degree and sentencing him to concurrent…
Heyer v. City of New York Page 47143
— Judgment, Supreme Court, Bronx County (Wallace R.…
People v. Brown Page 47144
— Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered on July 14, 1983, unanimously affirmed.…
In re Perry Page 47145
— Motion granted only to the extent of referring the matter to the Departmental Disciplinary Committee to hear, report and recommend as to whether petitioner now possesses the character and general fitness to practice law, as indicated in the order of this court.…
— Judgment, Supreme Court, New York County (Tyler, J.), entered April 26, 1984, affirming the verified revised report of a court-appointed *663appraiser and awarding petitioner-respondent the sum of $151,946.24, affirmed, with costs.…
— Order of the Supreme Court, Appellate Term (Dudley, P.…
— Appeal from an order, entered September 20,1984, Supreme Court, New York County (Ira Gammerman, J.), is unanimously dismissed, without costs, as subsumed in the appeal from the judgment entered thereon, October 2, 1984, which, inter alia, granted the motion of defendants 814 10th Avenue Corp. and 818 Tenth Avenue…
Snyder v. New York Hilton Joint Venture Page 47149
— Order, Supreme Court, New York County (William P.…
Sini v. Hyngstrom Page 47150
— Order, Supreme Court, New York County (George Bundy Smith, J.), entered September 19, 1984, which denied plaintiff’s motion for a preliminary injunction and granted defendants’ cross motion to dismiss the complaint, affirmed, without costs or disbursements.…
Schrager v. R. H. Macy & Co. Page 47151
— Appeal from an order of the Supreme Court, New York County (Seymour Schwartz, J.), entered May 23, 1984, directing that defendant’s answer be stricken unless it *672fully comply with disclosure orders by persons having personal knowledge of the facts and pay to plaintiff the sum of $5,000 in costs, all within 30…
People v. Bermudez Page 47152
dissents in a memorandum as follows: The trial court instructed the jury that the “testimony of a person convicted of a crime is to be approached with caution and can be disregarded unless it produces in your mind positive conviction of its truth.” While this statement was unfortunate and should have been omitted, the…
People v. Daniel Page 47153
— Judgment of resentence of the *676Supreme Court, New York County (Hortense Gabel, J., at jury trial and sentence), rendered March 27, 1981, nunc pro tunc as of March 9, 1981, convicting the defendant of robbery in the second degree and imposing a sentence of 7% to 15 years, is unanimously modified, on the law, to…
Stavrou v. Abravos-Vernadakis Page 47154
— Order of the Supreme Court, New York County (Gammerman, J.), entered June 7, 1984, granting defendant’s motion to dismiss the action pursuant to CPLR 3404 and 22 NYCRR 660.5 (d) (2), and denying, as moot, plaintiffs’ cross motion to strike the defendant’s affirmative defense of lack of personal jurisdiction…
Meinhard-Commercial Corp. v. Sydney Page 47155
— Order, Supreme Court, New York County (Orest V.…
Dominguez v. Ralph's Discount Page 47156
— Order of the Supreme Court, New York County (Myers, J.), entered October 18, 1984, which denied the defendant’s motion seeking to vacate a default judgment against it and directed an assessment of damages, is unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion…
People v. McKnight Page 47158
— Judgment, Supreme Court, New York County (George Roberts, J.), rendered on February 15, 1984, unanimously affirmed.…
People v. Krauss Page 47160
— Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on April 29, 1982, unanimously affirmed.…
People v. Bunts Page 47161
— Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on July 19,1983, unanimously affirmed.…
— Judgment, Supreme Court, New York County (Ethel Danzig, J.), entered on October 28, 1983, unanimously affirmed, without costs and without disbursements.…
People v. Ostiago Page 47163
— Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on December 8, 1983, unanimously affirmed.…
Schick v. Park Royal Associates Page 47164
— Motion, insofar as it seeks leave to appeal to the Court of Appeals, denied, and insofar as it seeks reargument, motion granted solely to the extent of recalling the order of this court entered on December 27, 1984 (106 AD2d 927) and resettling said order to modify the order and judgment (one paper) so appealed…
People ex rel. Swinton v. Cunningham Page 47165
— Motion for issuance of a writ of habeas corpus granted, as indicated in the order of this court.…
In re Black Page 47166
— Motion to compel respondent to produce certain documents granted, as *682indicated in the order of this court.…
In re Solomon Page 47167
— Motion to extend time to commence hearings on petitioner’s application for reinstatement granted, as indicated in the order of this court.…
State v. Vernooy Page 47168
— Order and judgment (one paper), Supreme Court, New York County (Allen Murray Myers, J.), entered March 2, 1984, which (1) denied defendants’ motion to amend their answer to include an affirmative defense of Statute of Limitations with respect to the first through fourth causes of action and for summary judgment…
— Order, Supreme Court, New York County (Seymour Schwartz, J.), entered February 16, 1984, granting plaintiff-respondent summary judgment, is unanimously modified, on the law, to the extent of granting summary judgment on liability only and remanding for an assessment of damages, without costs.…
— Order entered August 11, 1983 in Supreme Court, New York County (Alfred M.…
Judgment (denominated an order and judgment) of the Supreme Court, New York County (Seymour Schwartz, J.), entered May 18,1984, which granted petitioner’s motion to renew its application to vacate the award of arbitration dated October 8,1982 and upon renewal vacated said award and denied respondent’s cross motion to…
— Judgment, Supreme Court, New York County (William J.…
Dunn v. Berger Page 47173
— Order of the Supreme Court, New York County (Thomas V.…
Walsh v. 175 Water Street Partners Page 47174
— Order of the Supreme Court, New York County (George Bundy Smith, J.), entered March 16,1984, granting the cross motion of defendants and third-party plaintiffs for judgment over as against third-party defendant, affirmed, without costs.…
Medina v. Medina Page 47175
— Order, Supreme Court, Bronx County (Wallace R.…
Rodriguez v. City of New York Page 47176
— Order, Supreme Court, Bronx County (Louis Fusco, J.) entered June 8, 1984, which, upon reargument, confirmed the report of the Special Referee and denied an attorney’s lien to the movant appellant Harry Wallach, reversed, on the law and on the facts, without costs, and it is ordered that Wallach is entitled to 50%…
Mihajlovic v. Cuenca Page 47177
— Order, Supreme Court, New York County (Gammerman, J.), entered February 23, 1984, and judgment entered thereon on March 7, 1984, denying that part of the defendants’ motion seeking summary judgment dismissing the first cause of action, affirmed, without costs, and without prejudice to renewal of the motion for…
Levine v. St. Luke's Hospital Center Page 47178
— Order, Supreme Court, New York County (Seymour Schwartz, J.), entered April 3, 1984, which, in substance, denied the plaintiff’s motion to vacate paragraph V of a Special Term, Part 8A, precalendar conference order, entered September 22, 1983, is unanimously *695reversed, on the law, the facts and in the exercise of…
Zuur v. Lowell Page 47179
— Order, Supreme Court, New York County (Robert E.…
Lewis v. Cavalli Page 47180
— Judgment, Supreme Court, Bronx County (Irwin M.…
Reck v. McGuire Page 47183
— Judgment, Supreme Court, New York County (Alfred Ascione, J.), entered on February 27, 1984, unanimously affirmed, without costs and without disbursements, for the reasons stated by Ascione, J., at Special Term.…
Lobatto v. Lobatto Page 47184
— Order, Supreme Court, New *698York County (Hortense Gabel, J.), entered July 18,1984, granting plaintiff wife $3,105 for unpaid medical expenses, granting plaintiff exclusive use of the parties’ Vermont summer home during August 1984 and alternate months thereafter, directing defendant to make available an…
Waldman v. New Phone Dimensions, Inc. Page 47185
— Order, Supreme Court, New York County (George Bundy Smith, J.), entered June 13, 1984, denying defendants’ motion and plaintiff’s cross motion, both for summary judgment, modified, on the law, to grant defendants’ motion for' summary judgment dismissing the first, second, third, fifth and sixth causes of action of…
Westpac Banking Corp. v. Deschamps Page 47186
— Order, Supreme Court, New York County (Arthur Blyn, J.), entered on or about June 22, 1984, unanimously *705reversed, on the law, to the extent appealed from, and said fourth cause of action reinstated.…
In re Kim F. Page 47187
— Final order of disposition of the Family Court, New York County (Elrich A.…
Taylor v. Taylor Page 47188
— Order entered November 30, 1984 in Supreme Court, New York County (Hortense Gabel, J.), which, inter alia, granted plaintiff exclusive occupancy of the marital abode pendente lite and directed defendant to pay all carrying charges for the apartment, is unanimously modified, on the law, the facts, and in the exercise…
St. Vincent's Hospital & Medical Center v. New York State Division of Housing & Community Renewal Page 47189
— Order and judgment (one paper) of the Supreme Court, New York County (Kirschenbaum, J.), entered October 5, 1984, granting reargument and, upon reargument, annulling the determination of the Conciliation and Appeals Board and remanding the matter to that body for further proceedings not inconsistent with the…
Liberty Mutual Insurance v. Romero Page 47190
— Order of the Supreme Court, Bronx County (Vincent Bradley, J.), entered on or about June 7, 1984, granting the application of Liberty Mutual Insurance Company to permanently stay arbitration, reversed, on the law, and the motion to stay arbitration denied, with costs.…
Wexler v. Newsweek, Inc. Page 47191
— Order of the Supreme Court, New York County (Greenfield, J.), entered September 14, 1984, denying defendant’s motion to dismiss plaintiff’s second cause of action on the ground that it failed to state a cause of action, reversed, on the law, without costs, and the motion to dismiss granted.…
— Order, Supreme Court, New York County (Andrew Tyler, J.), entered on October 29, 1984, unanimously affirmed.…
Ackerman v. Vertical Club Corp. Page 47193
— Order, Supreme Court, New York County (Ascione, J.), entered on March 5, 1984, unanimously affirmed, without costs and without disbursements; the appeal from the order of said court entered on April 30,1984 is unanimously dismissed as nonappealable, without costs and without disbursements.…
Chaffee v. HP Homeowners Association, Inc. Page 47194
— Appeal from order and judgment (one paper), Supreme Court, Bronx County (Dorothy E.…
People v. Owens Page 47195
— Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on April 16, 1982, unanimously affirmed.…
Tunick v. X-pert Messenger Service Page 47196
— Motion to dismiss appeal granted, with $20 costs.…
Alscot Investing Corp. v. Laibach Page 47197
— In an action for a judgment declaring the invalidity of a local law of the defendant village, plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated February 6, 1984, as denied its motion for summary judgment.…
Amerada Hess Corp. v. Acampora Page 47198
— In an action, inter alia, for a judgment declaring that defendants’ denial of plaintiff’s application to change the zoning classification of certain parcels of real property was “confiscatory” and “unconstitutional”, defendants appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated March…
— In a proceeding pursuant to CPLR article 78 to review the revocation of a preliminary certificate of eligibility for a partial tax exemption pursuant to Real Property Tax Law § 421-a and to compel the issuance of a final certificate of eligibility, petitioners appeal from a judgment of the Supreme Court, Queens…
Ayala v. Jamaica Savings Bank Page 47200
— In an action to recover damages for common-law fraud as well as violations of General Business Law §§ 339-a, 352-e, plaintiff appeals from (1) an order of the Supreme Court, Queens County (Giaccio, J.), entered November 22,1983, which, inter alia, granted the defendant’s motion to dismiss the complaint and (2) a…
Bendet v. Woods Page 47201
— In a negligence action to recover damages for personal injuries, defendant Woods appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Fierro, J.), dated March 5, 1984, as granted plaintiff’s motion for partial summary judgment against her on the issue of liability only.…
Brasscrafters, Inc. v. Ehrlich Page 47202
— In an action, inter alia, for specific performance of certain restrictive covenants contained in a stock purchase agreement, for related injunctive relief, and to recover damages, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), dated September…
Caudy v. Rivkin Page 47203
— In an action to recover malpractice, plaintiffs appeal, (1) as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Orange County (Burchell, J.), dated March 13, 1984, as granted certain branches of defendant’s motion for an order directing the service of a further bill of…
— In an action to recover damages for breach of contract, (1) Consolidated Edison Company of New York, Inc., appeals from an order of the Supreme Court, Kings County *727(Hurowitz, J.), dated January 26, 1984, denying its application, pursuant to CPLR 511, for a change of venue of action No. 1 from Kings County to New…
Dodge v. New York City Housing Authority Page 47205
— In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated June 1, 1984, denying her motion to vacate two prior orders and a *728judgment granted on her default, which resulted in dismissal of the complaint for failure…
— Order of the Supreme Court, Nassau County, entered August 3, 1983, affirmed, without costs or disbursements, for the reasons stated in the decision of Justice Wager at Special Term.…
Furgang v. Lenefsky, Meier & Novod Page 47207
— In an action, inter alia, to recover damages under a quantum meruit theory, defendant appeals from a judgment of the Supreme Court, Rockland County (Palella, J.), dated September 21, 1983, which, after a nonjury trial, awarded plaintiff $4,190.92 and plaintiff cross-appeals, as limited by his brief, from so much of…
Gajdos v. Haughton Elevator Page 47208
— In an action to recover damages for personal injuries, defendant Reliance Electric Company (hereinafter referred to as Reliance) appeals from (1) an order of the Supreme Court, Kings County (Held, J.), dated October 21, 1983, which denied its motion to dismiss the complaint as to it on the ground of lack of personal…
Lowell v. Belsky Page 47209
— In an action to remove defendants Robert Belsky and Herbert Herling as directors of the Quantachrome Corporation and to bar them from holding the offices of director, plaintiff appeals from an order of the Supreme Court, Nassau County (Wager, J.), dated January 27, 1984, which granted defendants’ motion for an order…
Luboff v. Temple Israel of Jamaica Page 47210
— In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 29, 1983, which denied its motion to compel the plaintiff Mathilda Luboff to submit to a neurological examination.…
McSpedon v. Liberty Lines, Inc. Page 47211
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered February 14,1984, as dismissed their action for failure to serve a notice of claim upon the County of…
Munz v. La Guardia Hospital Page 47212
— In a wrongful death action predicated upon a claim of medical malpractice, defendant Dr. Hong Rae Cho appeals (1) from an order of the Supreme Court, Nassau County (Goodman, J.), entered December 5, 1983, which granted plaintiff’s motion to enteca default judgment against Dr. Cho, severed the action against Dr. Cho…
McDicken v. McDicken Page 47213
— In an action for divorce, (1) plaintiff wife appeals, as limited by her notice of appeal and brief, from stated portions of a judgment of the Supreme Court, Nassau.…
McDonald v. Brown Page 47214
— In an automobile negligence action seeking to recover damages for personal injuries, defendant Jeffrey M.…
Muth v. Benjamin Page 47215
— In a medical malpractice action, plaintiff purportedly appeals from an order of the Supreme Court, Orange County (Isseks, J.), dated October 4, 1983, which granted the motion of defendant Benjamin to dismiss the complaint as to her.…
Newmark & Lewis, Inc. v. Olim Realty Corp. Page 47216
— In an action, inter alia, to recover an overpayment of rent pursuant to a lease between the parties and to reform the lease, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), dated November 10, 1983, which, after a nonjury trial, dismissed the complaint on the merits.…
Rodman v. State Page 47217
— In a condemnation proceeding, claimants appeal from a judgment of the Court of Claims (Lengyel, J.), dated August 9, 1983, which is in favor of the State and against them in the principal sum of $19,700, with interest, the amount by which advance payments made to them by the State exceeded the sum awarded to them as…
Savastano v. Prevost Page 47218
— Judgment of the Supreme Court, Queens County (Dunkin, J.), dated May 12, 1983, affirmed, without costs or disbursements (see, Savastano v Prevost, NYLJ, June 4, 1982, p 15, col 3).…
Warren v. Arena Associates, Inc. Page 47219
— In an action, inter alia, to recover damages for personal injuries under Labor Law § 240, the defendant and third-party plaintiff Arena Associates, Inc. (hereinafter Arena) appeals, as limited by its brief, from so much of an order of the Supreme.Court, Suffolk County (Orgera, J.), dated June 15; 1983, as granted…
Werder v. Stewart Page 47220
— In an action, inter alia, to set aside a conveyance of real property, plaintiff Joan Werder appeals from so much of a judgment of the Supreme Court, Westchester County (Marbach, J.), entered March 18,1983, as granted defendant’s motion for judgment as a matter of law in her favor as against appellant and for…
Wesler v. Kassl Page 47221
— In two jointly tried personal injury actions arising out of an alleged attack by three dogs owned by defendants, plaintiff appeals (1) in action No. 1 from a judgment of the Supreme Court, Nassau County (Young, J.), entered September 27, 1982 therein and (2) in action No. 2 from a judgment of the same court, entered…
Willow Tex, Inc. v. Dimacopoulos Page 47222
— In an action, inter alia, to enjoin the violation of a purported easement, defendants appeal from a judgment of the Supreme .…
Donato v. Lucarelli Page 47223
— In proceedings pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Richmond County (Meyer, J.), dated September 9, 1983, as granted the mother’s petition for enforcement of child support provisions incorporated into a judgment of divorce…
Friel v. McCall Page 47224
— Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights (division), dated June 12,1984, which dismissed petitioner’s complaint after an investigative finding of no probable cause to believe that respondent Suffolk County Water Authority engaged in unlawful…
— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Trustees of the Village of Centre Island removing him from the position of “Officer-in-Charge” of the village police department and demoting him from his position as a “Detective” with said department…
Lifson v. Board of Education Page 47226
— In a proceeding pursuant to CPLR article 78 to compel the respondent board of education to reinstate petitioner as a teacher with tenure nunc pro tunc as of June 27, 1983, the appeal is from a judgment of the Supreme Court, Rockland County (Weiner, J.), entered June 7, 1984, which dismissed the proceeding.…
In a proceeding pursuant to CPLR article 78, inter alia, to compel the Board of Cooperative Educational Services of Nassau County (hereinafter BOCES) to appoint petitioner Shearod, a former employee of BOCES, whose position of diversified cooperative work-study program teacher (work experience counselor) had been…
— In an action to declare certain property exempt from fixation, petitioner Yeshivas Bais Yehudi appeals from so much of an order and judgment (one paper) of the Supreme Court, Rockland County (Marbach, J.), dated May 25, 1984, as, after a nonjury trial, denied it a 100% exemption and only granted it a 40% exemption.…
People v. Adams Page 47229
— Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered May 6, 1983, convicting him of petit larceny, upon a jury verdict, and imposing a definite sentence of one year’s imprisonment to run consecutively to a previously imposed indeterminate sentence defendant was then serving.…
People v. Brown Page 47230
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered December 8,1982, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Campea Page 47231
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered January 22, 1982, convicting him of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.…
People v. Carter Page 47232
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered June 27, 1983, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Cassidy Page 47233
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered March 15, 1982, convicting him of robbery in the first degree, attempted robbery in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Cummings Page 47234
— Appeal by defendant from a judgment of the County Court, Westchester County (Delaney, J.), rendered October 14, 1981, convicting him of robbery in the first degree (four counts), robbery in the second degree (three counts), robbery in the third degree, grand larceny in the third degree (two counts), assault in the…
People v. Dozier Page 47235
— Appeal by defendant from an amended judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 31, 1982, which, upon his plea of guilty, adjudicated him to be in violation of a sentence of probation previously imposed upon his conviction of attempted burglary in the third degree and, thereupon…
People v. Giangrasso Page 47236
— Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered September 9, 1983, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Greve Page 47237
— Judgment of the County Court, Suffolk County (Vaughn, J.), rendered June 9, 1981, affirmed (see, People v Garrett, 36 NY2d 727, affg 43 AD2d 503 on opn at App Div; People v Tinsley, 35 NY2d 926; People v Battice, 104 AD2d 1042; People v Brabham, 104 AD2d 1043; People v Cates, 104 AD2d 895).…
People v. Harris Page 47238
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered May 27, 1981, convicting him of burglary in the third degree, grand larceny in the second degree, criminal possession of stolen property in the second degree and possession of burglar’s tools, upon a jury verdict, and…
People v. Jenkins Page 47239
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered February 22, 1983, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Joyner Page 47240
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered September 27, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Leonard Page 47241
— Appeal by defendant from three judgments of the County Court, Rockland County (Edelstein, J.), all rendered January 5, 1983, convicting him of criminal sale of a controlled substance in the fifth degree (three counts), upon his pleas of guilty, and imposing sentences as a second felony offender.…
People v. Lewis Page 47242
— Appeal by defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered May 17, 1983, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Negroni Page 47243
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered August 15, 1983, convicting him of burglary in the first degree (two counts), burglary in the second degree, sexual abuse in the first degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict…
People v. Rivera Page 47244
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered January 4,1982, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Rivers Page 47245
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered June 21, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Sanchez Page 47246
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered November 9, 1983, convicting him of murder in the second degree and manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Schron Page 47247
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 30,1984, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of six years to life.…
People v. Singleton Page 47248
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered June 18, 1980, convicting him of murder in the second degree, robbery in the second degree (two counts), and criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.…
People v. Tarrant Page 47249
— Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered February 18, 1983, convicting him of attempted *764robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Towns Page 47250
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered September 28, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and sentencing him, as a second violent felony offender, to an indeterminate term of imprisonment of 10 to 20 years.…
People v. Tramuta Page 47251
— Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered May 1, 1984, convicting her of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.…
People v. Velez Page 47252
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered February 3, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Witter Page 47253
— Two judgments of the Supreme Court, Kings County (Krausman, J.), both rendered May 27, 1983, affirmed.…
People ex rel. Huntley v. Walters Page 47254
— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated July 7, 1981, which dismissed the petition.…
Abbate v. Medbrod Page 47255
— In an action to recover damages for personal injuries, defendant Darrah Forum appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Oppido, J.), dated December 9, 1983, as denied that branch of a motion which sought dismissal of the complaint as against it pursuant to CPLR…
Anastasia v. Barnes Page 47256
— In an action, inter alia, to recover damages for wrongful death resulting from an accident involving an allegedly defective motor vehicle, plaintiff appeals from so much of an order of the Supreme Court, Orange County (Isseks, J.), dated October 2, 1984, as granted that branch of defendants’, OMC-Lincoln and…
Bodenmiller v. Regan Page 47257
— In a proceeding pursuant to CPLR article 78 to review a determination of respondents discharging petitioner from his position as a volunteer auxiliary police officer, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), dated October 4, 1983, which dismissed the proceeding.…
Boone v. Supermarkets General Corp. Page 47258
— In a negligence action to recover damages for personal injuries, etc., defendant appeals from so much of an order of the Supreme Court, Queens County (Kunzeman, J.), dated November 2, 1983, as, “on consent”, denied a part of its request for a protective order.…
Chodos v. Flanzer Page 47259
— In an action to recover damages for dental malpractice, plaintiffs appeal from a judgment of the Supreme Court, Kings County (Clemente, J.), dated March 21, 1983, which, upon a jury verdict, found in favor of defendant.…
Conrad v. Conrad Page 47260
— In a matrimonial action in which the plaintiff wife had been granted a judgment of divorce in 1978, defendant husband appeals from an order of the Supreme Court, Suffolk County (Geiler, J.), dated November 28, 1983, which denied his motion for reargument of plaintiff’s motion for an order directing defendant to…
— Proceeding pursuant to *773Executive Law § 298 to review an order of the State Human Rights Appeal Board dated May 30, 1984 which affirmed a determination of the New York State Division of Human Rights dismissing petitioner’s complaint upon a finding of no probable cause to believe the respondent employer had…
D'Angelo v. D'Angelo Page 47262
— In an action for a declaratory judgment, defendant appeals from a judgment of the Supreme Court, Kings County (Kartell, J.), entered October 19, 1983, which, inter alia, declared a deed dated March 25, 1971 to be invalid.…
Daoust v. Palmenteri Page 47263
— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Jordan, J.), dated June 22, 1983, which was in favor of defendant, upon a jury verdict.…
Diaz v. Great American Insurance Page 47264
— In an action to declare coverage under an automobile liability insurance policy, plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Stark, J.), dated December 29,1983, and (2) a judgment of the same court, dated January 23, 1984, which, inter alia, declared that the policy was properly canceled…
Ebony Oil Corp. v. Brooks Page 47265
— In an action to recover damages for breach of contract, defendant appeals from (1) a judgment of the Supreme Court, Queens County (Rodell, J.), entered February 21, 1984, upon defendant’s default; (2) an order of the same court (Kassoff, J.)j dated April 2, 1984, which denied defendant’s motion to vacate the…
Hillmann v. Hillmann Page 47266
— In a divorce action, the defendant husband appeals and the plaintiff wife cross-appeals from stated portions of a resettled judgment of the Supreme Court, Westchester County (Leggett, J.), dated April 29, 1983, which, inter alia, required defendant to pay maintenance for an unlimited period of time and denied…
King v. King Page 47267
— In a matrimonial action, plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (Widlitz, J.), dated March 9,1983, as (1) denied those branches of her motion which sought exclusive use and occupancy of the marital residence and an order of protection pendente lite, and (2) granted…
Koch v. Koch Page 47268
— Judgment of the Supreme Court, Suffolk County, entered January 31, 1984, affirmed, without costs or disbursements, for reasons stated by Justice Doyle at Special Term.…
La Torre v. Island Affiliates, Inc. Page 47269
— In consolidated matters (1) for specific performance of a contract to sell a parcel of real property, and (2) a summary proceeding to regain possession of a certain premises, the landowner, Island Affiliates, appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (DiPaola…
Liebling v. Yankwitt Page 47270
— In an action to recover damages for defamation, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated December 14, 1983, as granted plaintiff’s motion to dismiss his first counterclaim for failure to state a cause of action, without prejudice to replead, and the…
Lucas v. Lucas Page 47271
— In a matrimonial action, in which the plaintiff wife was granted a judgment of divorce on sthe ground of cruel and inhuman treatment upon the default of the defendant husband, he appeals from an order of the Supreme Court, Suffolk County (De Luca, J.), dated January 17, 1984, which denied his motion to vacate the…
Mayblum v. Chu Page 47272
— In an action, inter alia, for a judgment declaring that the transfer of shares issued pursuant to a cooperative apartment conversion plan did not constitute a taxable event under Tax Law article 31-B, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Graci…
Mazzone v. Oystermen's Bank & Trust Co. Page 47273
— In an action to recover damages, inter alia, for breach of contract, defendant appeals from an order of the Supreme Court, Suffolk County, dated October 14, 1983, which (1) granted plaintiffs’ motion for leave to serve an amended complaint, and (2) denied defendant’s cross motion, inter alia, for summary judgment…
— Proceeding pursuant to Executive Law § 298 to review an order of the respondent New York State Division of Human Rights, dated June 22,1983, which, after a hearing, found that respondent Pan American World Airways, Inc. did not discriminate against petitioner on the basis of sex, in violation of the Human Rights Law…
Morina v. Passidomo Page 47275
— Proceeding pursuant to CPLR article 78 to review a determination of respondent dated January 24, 1984, which, after a hearing and appeal, revoked petitioner’s driver’s license and imposed a $100 penalty.…
Needham v. County of Nassau Page 47276
— In a wrongful death action, plaintiff *784appeals from an order of the Supreme Court, Nassau County (Wager, J.), dated August 22, 1984, which denied plaintiff’s motion seeking to vacate the findings of a medical malpractice panel.…
Nevils v. Nevils Page 47277
— In an action for divorce, (1) defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Miller, J.), dated June 7,1984, as, in granting plaintiff wife a divorce on the ground of abandonment and granting her custody of the parties’ two infant children, awarded…
P.M.M.J. Associates v. Cushing Page 47278
— In an action to foreclose a mortgage, the defendant mortgagors appeal from an order of the Supreme Court, Nassau County (Meade, J.) entered May 2, 1983, which, inter alia, directed that Ambassador Factors Corporation’s answer, cross claims and counterclaims be declared voluntarily withdrawn and the answer of…
Schaeffer v. Schaeffer Page 47279
— In a matrimonial action, the plaintiff wife (1) purports to appeal, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Velsor, J.), dated September 9, 1983, as directed her to execute all necessary documents to transfer her interest in certain realty to the defendant husband, and…
Schanzer v. Johnson Ken-Ro, Inc. Page 47280
— In an action to recover damages for the alleged intentional infliction of mental pain and suffering, the defendants and third-party plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Velsor, J.), dated April 27, 1984, as denied their cross motion pursuant to CPLR 3211 (a) (7) and 3212 to…
Scott v. State Page 47281
— Judgment of the Court of Claims dated August 3, 1983, affirmed, without costs or disbursements, for reasons stated in the memorandum decision of Lengyel, J.…
— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeals are from (1) a judgment of the Supreme Court, Queens County (Groh, J.), dated May 11, 1983, which, after a hearing, inter alia, granted the application, and (2) an order of the same court dated May 18, 1983, which denied appellants’ motion…
— In an action, inter alia, to recover a finder’s fee for bringing to defendant Trillhaase certain business opportunities, plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated June 13, 1984, as, upon a trial ruling granting Trillhaase’s motion for summary judgment on…
Stern v. Waldbaum, Inc. Page 47284
— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal (1) from an order of the Supreme Court, Kings County (Scholnick, J.), dated August 12, 1983, which denied their motion to set aside a jury verdict on the issue of damages upon the ground of inadequacy and for a new trial on…
Turchiano v. Jay Dee Transportation Page 47285
— In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County (Oppido, J.), entered November 14, 1983, which denied their motion to remove the action from the Military Suspense Calendar and to restore it to the Ready Day Trial Calendar.…
Velez v. Our Lady of Victory Church Page 47286
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 6,1983, which dismissed the complaint at the close of plaintiffs’ case at a jury trial on the issue of liability only.…
Waldron v. La Guardia Medical Group Page 47287
— In an action to recover damages for medical malpractice, defendants Y.…
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated November 23, 1983 and made after a hearing, which found that petitioner had violated Alcoholic Beverage Control Law § 65 by selling alcoholic beverages to minors, and suspended its on-premises…
Commco, Inc. v. Amelkin Page 47289
— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington, dated February 25, 1982, which denied petitioner’s application for a use variance, the appeal is from a judgment of the Supreme Court, Suffolk County (Doyle, J.), dated September 22, 1982…
Donnelly v. Carmel Central School District Page 47290
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education, Carmel Central School District, dated October 17, 1983, which, after a hearing, found petitioner guilty of certain charges and terminated his employment.…
Grant v. Community School District 29 Page 47291
— In a proceeding pursuant to CPLR article 78, the appeal is from so much of a judgment of the Supreme Court, Kings County (Scholnick, J.), dated September 19,1983, as, upon granting the petition, remitted the matter to the Board of Education of the City School District of the City of New York (hereinafter the board…
Jerome v. Cornell University Page 47292
— Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights, dated April 29, 1983, which (1) determined that there was no probable cause to believe that the respondent employer engaged in unlawful discriminatory practices resulting in the termination of petitioner’s…
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated May 23, 1984, which, after a hearing, found that petitioner had violated Alcoholic Beverage Control Law § 65 (1) and suspended its retail beer license for 10 days.…
— In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Estimate dated December 2,1982, *800which denied petitioner’s application for discretionary redemption of certain real property from in rem city ownership, the appeal is from a judgment of the Supreme Court, Kings County (Hirsch…
— Proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority dated April 2, 1984 which, after a hearing, found that petitioner had violated Alcoholic Beverage Control Law § 111 in that it permitted one Clarence Callis to avail himself of its license and imposed a penalty of…
People v. Alleyne Page 47296
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered October 13,1983, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Balletta Page 47297
— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered January 21, 1982, and amended February 2, 1982, convicting him of robbery in the first degree (two counts) and criminal use of a firearm in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Boone Page 47298
— Appeal by defendant from two amended judgments of the County Court, Suffolk County (Mallon, J.), both rendered September 8, 1983, adjudicating him, upon his pleas of guilty, to be in violation of probation, and imposing sentences of imprisonment.…
People v. De Armas Page 47299
— Appeal by defendant from a judgment of the County Court, Westchester County (Palella, J.), rendered November 8, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Hardy Page 47300
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered June 30, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Frange Page 47301
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Ryan, J.), rendered November 30,1981, convicting him of criminal possession of marihuana in the second degree and criminal sale of marihuana in the fourth degree, after a.nonjury trial, and imposing sentence.…
People v. Hyman Page 47302
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered October 31, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 6 to 18 years.…
People v. Kinslow Page 47303
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), *804rendered March 25, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Lee Page 47304
— Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered February 10, 1983, convicting him of burglary in the second degree, criminal mischief in the fourth degree, petit larceny, and criminal possession of stolen property in the third degree, upon a jury verdict, and…
People v. Lopez Page 47305
— Appeals by defendant from (1) a judgment of the Supreme Court, Kings County (Tomei, J.), rendered December 17, 1981, convicting him under indictment No. 3495/80 of robbery in the first degree (two counts), robbery in the second degree (three counts), and grand larceny in the third degree, upon a jury verdict, and…
People v. Mitchell Page 47306
— Appeal by defendant, as limited by his brief, from a sentence of the County Court, Nassau County (Harrington, J.), imposed June 12, 1984, upon his plea of guilty to criminal sale of a controlled substance in the second degree, the sentence being an indeterminate term of five years to life imprisonment.…
People v. Owens Page 47307
— Appeal by defendant from a judgment of the County Court, Nassau County (Cornelius, J.), rendered September 3, 1982, convicting him of burglary in the second degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Ragins Page 47308
— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered on February 7, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Robertson Page 47309
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered February 8, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Rodriquez Page 47310
— Appeal by defendant from two judgments of the County Court, Suffolk County (Namm, J.), both rendered October 29,1982, convicting him of assault in the first degree and attempted assault in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Sidberry Page 47311
— Appeal by defendant from two judgments of the Supreme Court, Queens County (O’Dwyer, J.), both rendered June 16,1982, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, upon jury verdicts, and imposing sentences.…
People v. Terry Page 47312
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered August 11, 1983, convicting her of robbery in the second degree, upon a jury verdict, and imposing sentence.…
— In three habeas corpus proceedings which have been consolidated for purposes of appeal, the appeals are from two judgments of the Supreme Court, Westchester County (Kelly, J.), both dated October 21, 1983 (proceedings Nos. 1 and 2), and an amended judgment of the same court, dated October 24, 1983 (proceeding No.…
People ex rel. Gonzalez v. Dalsheim Page 47314
In a habeas corpus proceeding to compel the appellant’s restoration to parole supervision, the appeal is from a judgment of the Supreme Court, Dutchess County (Ingrassia, J.), dated September 1, 1983, which dismissed the petition.…
In re Tabman Page 47315
Motion by petitioner to confirm the report of the Special Referee, dated August 3,1984, together with his findings and recommendations sustaining the allegations of professional misconduct against the respondent Irving Tabman, who was admitted to practice by this court on June 27,1951, and to impose discipline for…
Moore v. Milhim Page 47316
— In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition nominating George Milhim, James A.…
Persichetti v. Bollatto Page 47317
— In a proceeding pursuant to article 16 of the Election Law, the cross appeals are from a judgment of the Supreme Court, Rockland County (Ruskin, J.), dated March 8,1985, which declared that petitioner had timely filed objections to the petition nominating certain candidates for elective offices in the Village of…
Artim v. Artim Page 47318
— In a matrimonial action, defendant’s former attorney appeals from (1) so much of an order of the Supreme Court, Queens County (Durante, J.), *812dated August 8,1984, as, in granting defendant’s motion for the substitution of counsel, directed that appellant turn over his entire litigation file to the incoming…
Brenner v. Stivelman Page 47319
— In a medical malpractice action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated May 30, 1984, which granted plaintiffs’ motion to set aside the jury verdict and for a new trial.…
Broschart v. Broschart Page 47320
— In a matrimonial action in which the defendant husband moved, inter alia, for a change in child custody, and the plaintiff wife cross-moved, inter alia, for an increase in child support, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Miller, J.), dated May…
Cicio v. Cicio Page 47321
In a matrimonial action, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Dutchess County (Stolarik, J.), dated June 29,1984, as awarded her only $40 per week for temporary maintenance and $50 per week for child support.…
Cordes v. Torrisi Page 47322
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered December 12, 1983, in defendant’s favor, upon a jury verdict.…
Enak Realty Corp. v. City of New York Page 47323
— In an action to recover damages for breach of a lease, defendant appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated May 17, 1983, which denied its motion for summary judgment.…
FGL & L Property Corp. v. City of Rye Page 47324
— In an action, inter alia, for a judgment declaring Rye City Code § 197-13.2 invalid and unconstitutional, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered March 5,1984, as denied injunctive relief against the enforcement of that…
— In an action to recover damages allegedly resulting from a defective roofing job, defendant appeals from (1) an order of the Supreme Court, Nassau County (Burke, J.), dated November 30, 1983, which denied its motion to vacate a default judgment entered against it, and (2) so much of an order of the same court…
F.J.W., Inc. v. Duke Equities, Inc. Page 47326
— In an action to declare the rights of the parties pursuant to a lease, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Ferraro, J.), entered April 16,1984, as determined that a preliminary injunction was not available as to certain of the alleged breaches of the lease.…
Goldstein v. Barco of California, Inc. Page 47327
— In an action to recover damages for personal injuries, etc., fourth-party defendant Nathan’s Famous of Massapequa, Inc. (also referred to as Nathan’s Famous, Inc.) appeals from an order of the Supreme Court, Nassau County (Berman, J.), dated June 19,1984, which denied its motion to amend its fourth-party answer to…
Halpern v. Halpern Page 47328
— In an action, inter alia, for construction or reformation of the terms of a separation agreement, defendants appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered August 1,1984, which denied their motion to dismiss the complaint.…
— In an action sounding in negligence and breach of contract to recover damages for the destruction of property, plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 12, 1983, which (1) granted defendant’s motion for summary judgment dismissing the complaint, and (2) denied…
Jones v. Schockett Page 47330
— In a medical malpractice action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Posner, J.), entered May 3, 1983, as was in favor of defendants La Guardia Medical Group, P.…
Kaufman v. Magin Page 47331
Order of the Supreme Court, Nassau County (Molloy, J.), dated February 6, 1984, affirmed, with costs (see, Patterson v Jewish Hosp.…
Kutanovski v. Kutanovski Page 47332
— In a matrimonial action, (1) defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Richmond County (Hurowitz, J.), entered December 2, 1982, as ordered him to pay maintenance of $150 per week to the plaintiff wife, gave plaintiff a 10% interest for 10 years in his…
— In an action to recover moneys owed primarily on notes and personal guarantees, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Goldberg, J.), entered March 16,1982, as denied those branches of its motion as sought summary judgment with respect to causes of…
Lightell v. Jaeger Page 47334
— In an action to recover damages for breach of an employment contract, plaintiff appeals from an order of the Supreme Court, Kings County (Jordan, J.), dated November 14,1983, which, inter alia, granted defendant’s motion to dismiss the complaint.…
Mastronardi v. Mitchell Page 47335
— In (1) a proceeding pursuant to CPLR article 78 (index No. 82-23827), inter alia, to review a determination of the Commissioner of the Suffolk County Department of Real Estate dated September 10, 1982, which denied petitioners’ application to redeem certain real property in Smithtown, New York, and (2) an action…
Napoli v. Carrano Page 47336
— In a consolidated action and proceeding, inter alia, to direct defendant corporation and its majority shareholders to reinstate plaintiff Peter Napoli as an officer and employee of the corporation and seeking damages for breach of contract, Alfred Carrano and Car-Nap Electric Sales, Inc., appeal, as limited by their…
O'Neill v. O'Neill Page 47337
— In a matrimonial action, plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Corrado, J.), dated February 28,1984, as denied that branch of his cross motion which sought downward modification of his child support obligation under the divorce decree to…
Petras v. Cleopa Page 47338
— In a matrimonial action, defendant husband appeals from so much of a judgment of the Supreme Court, Queens County (Miller, J.), dated April 20, 1984, as amended September 11,1984, as awarded sole custody of the parties’ child to plaintiff wife and restricted defendant’s visitation to the custodial residence until…
— In an action for a declaratory judgment, plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Donovan, J.), entered May 3, 1984, which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion to dismiss the complaint with prejudice, and (2) a judgment of the same…
Saeed v. Boulevard Hospital Page 47340
— In a medical malpractice action, plaintiffs appeal from a judgment of the Supreme Court, Queens County (Hyman, J.), dated November 21, 1983, which severed and dismissed the complaint as to defendant Shiffman, upon the denial of plaintiffs’ renewed motion to vacate a default dismissal.…
Sampson v. Glazer Page 47341
— In a proceeding pursuant to article 4 of the Family Court *832Act for upward modification of child support, the appeal is from an order of the Family Court, Rockland County (Stanger, J.), dated June 1, 1983, which denied appellant’s application for counsel fees.…
Sheahan v. County of Suffolk Page 47342
In a negligence action to recover damages for personal injuries arising out of an automobile accident, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Orgera, J.), dated January 17, 1984, as granted the motion of defendant Town of Huntington and the cross…
— In a negligence action to recover damages for personal injuries, etc., defendants Surrey Cadillac Limousine Service, Inc., and Louis Bianco appeal from an order of the Supreme Court, Kings County (Golden, J.), entered July 13, 1984, which granted plaintiffs Serge Silberman’s and Irene Silberman’s motion for summary…
Stone v. Stone Page 47344
— In an action, inter alia, for an accounting of a purported partnership, and for damages, (1) defendants appeal, as limited by their notice of appeal and brief, from stated portions of an interlocutory judgment of the Supreme Court, Westchester County (Buell, J.), entered September 30, 1983, as, among other things…
— In an action to set aside the transfer of certain real property, defendants appeal from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated August 30, 1983, which, after a nonjury trial, inter alia, set aside the conveyance.…
Vitti v. F. W. Maloney Page 47346
— In an action to recover damages for personal injuries, etc., plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Walsh, J.), entered October 31, 1983, as denied their cross motion for partial summary judgment on the issue of liability.…
Bellerose Lanes, Inc. v. Board of Estimate Page 47347
— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Estimate of the City of New York which, after a hearing, disapproved a determination of the Board of Standards and Appeals granting petitioners a zoning variance, petitioners appeal from a judgment of the Supreme Court…
Busch v. Margaret B. Page 47348
— In a proceeding pursuant to article 10 of the Family Court Act, the appeal is from an order of disposition of the Family Court, Rockland County (Weiner, J.), dated April 11, 1983, which, upon a fact-finding determination, made after a hearing, adjudged appellant’s children to be neglected, and placed appellant under…
Jernigan v. Perales Page 47349
— Proceeding pursuant to CPLR article 78, inter alia, to review so much of a determination of the respondent Acting Commissioner of the New York State Department of Social Services, dated December 13, 1982 and made after a statutory fair hearing, as affirmed that part of a determination of the local agency which…
Sansiviero v. Royal Globe Insurance Page 47350
— In (1) a proceeding to vacate an arbitration award concerning reimbursement for medical expenses, the appeal is from a judgment of the Supreme Court, Suffolk County (Orgera, J.), dated March 11, 1982, which denied the application to vacate the award, (2) a proceeding to vacate an arbitration award concerning…
In re Shore Page 47351
— In an appraisal proceeding pursuant to Business Corporation Law § 623, Parklane Hosiery Company, Inc. (Parklane) appeals from so much of an order of the Supreme Court, Nassau County (Widlitz, J.), dated September 13, 1983, as denied its motion for leave to conduct prehearing discovery of petitioners’ counsel and…
In re Swanson Page 47352
— In a proceeding for discovery of property withheld from the decedent’s estate, petitioner appeals from a decree of the Surrogate’s Court, Westchester County (Brewster, S.), dated May 3, 1983, which dismissed the petition on the ground that respondent established a valid gift causa mortis.…
People v. Adinolfi Page 47353
— Appeal by defendant from a judgment of the Supreme Court, Kings County (DeMakos, J.), rendered March 22, 1983, convicting him of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the first degree, upon a jury…
People v. Brando Page 47354
— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Reilly, J.), rendered July 16, 1982, convicting him of robbery in the first degree and criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.…
People v. Buckmon Page 47355
— Appeal by the People from an order of the Supreme Court, Queens County (Clabby, 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 (People v Buckmon, 120 Misc 2d 355).…
People v. Davis Page 47356
— Appeal by defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered June 9, 1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Dengler Page 47357
— Appeal by defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered March 28, 1983, convicting her of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.…
People v. Fleming Page 47358
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 21, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Gilmore Page 47359
— Appeal by defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), rendered April 12, 1983, convicting him of petit larceny, upon his plea of guilty, and imposing sentence.…
People v. Hazel Page 47360
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered April 19, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Lloyd Page 47361
— Appeal by-defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered April 16, 1984, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Mayrant Page 47362
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered September 8, 1982, convicting him of murder in the second degree and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Mullgrav Page 47363
— In a proceeding to quash a subpoena, the appeal is from an order of the Supreme Court, Queens County (Lakritz, J.), dated January 24, 1985, which directed appellant to deliver to respondent Mullgrav certain documents.…
People v. Neal Page 47364
— Appeal by defendant from a judgment of the County Court, Nassau County (Samenga, J.), rendered July 7, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Pagan Page 47365
— Appeal by defendant from two judgments of the Supreme Court, Kings County (Feldman, J.), *853both rendered October 17, 1983, each convicting him of attempted burglary in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Parris Page 47366
— Appeals by defendant from three judgments of the Supreme Court, Kings County (Krausman, J.), each rendered July 14, 1983, convicting him of robbery in the first degree (three counts) and robbery in the second degree (three counts), upon a jury verdict, and convicting him of robbery in the first degree (two counts)…
People v. Richardson Page 47367
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Rigler, J.), *854rendered February 23, 1983, convicting him of robbery in the second degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Rolston Page 47368
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 30, 1981, convicting him of rape in the first degree, sexual abuse in the first degree (two counts), unlawful imprisonment in the first degree, and criminal possession of a weapon in the third degree, upon a jury…
People v. Russo Page 47369
— Appeal by defendant from (1) a judgment of the County Court, Nassau County (Harrington, J.), rendered September 7, 1983, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment of 9 to 18 years, and (2) a judgment of the same court, also…
People v. Stevens Page 47370
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 20, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Torres Page 47371
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered August 11, 1983, convicting him of attempted robbery in the second degree, upon his plea of guilty, and sentencing him as a persistent violent felony offender.…
People v. Vischio Page 47372
— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered January 29, 1981, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Walker Page 47373
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered on September 30, 1983, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. White Page 47374
— Appeal by defendant from a judgment of the Supreme Court, Nassau County (Lawrence, J.), rendered September 8, 1982, convicting him of burglary in the second degree (two counts), robbery in the third degree (two counts), rape in the first degree, petit larceny, and criminal possession of stolen property in the third…
People v. Zorcik Page 47375
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Bambrick, J.), rendered January 3,1984, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.…
— Judgment of the Supreme Court, Kings County (Feldman, J.), dated March 14, 1985, affirmed, without costs or disbursements.…
Becker v. Watanabe Page 47378
— In a proceeding pursuant to Family Court Act article 6 for the award of visitation rights, petitioner appeals from an order of the Family Court, Suffolk County (Abrams, J.), entered January 4, 1984, which dismissed the petition, without prejudice, for lack of jurisdiction.…
Dwyer v. Nicholson Page 47379
— In an action for an accounting of partnership assets, defendants appeal from an order of the Supreme Court, Kings County (Yoswein, J.), dated October 20, 1983, which directed them to file an accounting of plaintiff’s decedent’s partnership interest, dismissed their affirmative defenses without prejudice to assert…
Dyson v. Dyson Page 47380
— In an action for a divorce, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered May 16,1984, as (1) granted the plaintiff wife’s motion, inter alia, to compel him to comply with certain provisions of a stipulation of…
Eastern Exterminating Co. v. Williams Page 47381
Proceeding pursuant to CPLR article 78 to review a determination by respondent dated June 21, 1984, made after a hearing, which revoked petitioners’ registration and certification for the commercial application of pesticides.…
Entwistle v. Brown Page 47382
— In two actions to recover installments due under a promissory note, the consolidated appeals are by defendants Ira Brown, Sheryl P.…
Feeney v. Booth Memorial Medical Center Page 47383
— In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Queens County (Kunzeman, J.), dated November 30, 1983, which, after a traverse hearing, granted defendant Seiler’s motion for summary judgment based on lack of personal jurisdiction, severed the action as to him, and directed that…
Gaines v. Gaines Page 47384
— In an action to recover damages for falsely, maliciously and improperly issuing a restraining notice and executions, plaintiff appeals from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 25,1983, which granted defendant Hersh’s motion to dismiss the complaint for failure to state a…
Greenfield v. Harris Page 47385
— In an action, inter alia, for a permanent injunction and damages, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Ain, J.),.…
Infosino v. Infosino Page 47386
— In a matrimonial action, defendant husband *870appeals, as limited by his notice of appeal and brief, from stated portions of a judgment of the Supreme Court, Queens County (La Fauci, J.)., dated February 21, 1984, which, inter alia, (1) granted plaintiff wife a divorce on the ground of constructive abandonment and…
Liu v. Wright Page 47387
— In an action to recover damages for personal injuries, etc.,'defendants appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), entered April 6, 1984, which denied their motion to dismiss the action, inter alia, upon the ground that the summons was jurisdictionally defective.…
Maldonado v. Whiting Page 47388
— In three negligence actions arising out of a single accident, plaintiffs in action No. 3 appeal from an order of the Supreme Court, Suffolk County (DeLuca, J.), entered December 29, 1983, which granted respondent Rivera’s (a defendant in actions Nos. 1 and 3) motion for “consolidation and joint trial” to the extent…
Minnick v. Minnick Page 47389
— In a matrimonial action, plaintiff wife appeals, *872as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Martin, J.), entered May 23, 1984, as failed to grant those branches of her motion which sought an impoundment of certain financial records and documents, appointment of a…
Moore Bros. Oil Co. v. Dean Page 47390
— In a foreclosure action, defendants appeal from a judgment of the Supreme Court, Rockland County (Slifkin, J.), entered January 30, 1984, which, after a nonjury trial, granted a judgment of foreclosure and sale.…
Pappalardo v. State Page 47391
— In a claim to recover damages for slander, the State of New York appeals from an order of the Court of Claims (Lengyel, J.), dated May 9, 1984, which denied its motion to dismiss the claim as to it and granted claimant leave to serve an amended claim.…
In a proceeding pursuant to CPLR article 75 petitioner appeals from a judgment of the Supreme Court, Rockland County (Marbach, J.), dated August 15,1983, which denied its application to vacate and set aside an award in arbitration and remitted the matter to the arbitrator to determine the amount of sick leave…
Rodking Service Station, Inc. v. Gribin Page 47393
— In an action for a judgment declaring *874a subtenant’s use of leased premises to be proper, plaintiff appeals from an order of the Supreme Court, Nassau County (Velsor, J.), entered September 26, 1984, which denied its motion for a preliminary injunction and granted defendant’s cross motion for summary judgment.…
Romnick Food, Inc. v. Sunnydale Farms, Inc. Page 47394
— In an action to recover damages for breach of contract and price discrimination, defendant appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated July 17, 1984, which denied its motion to dismiss the complaint for failure to state a cause of action.…
Rusolo v. Skate Odyssey Page 47395
— In a negligence action to recover damages for personal injuries, etc., Killarney, Fabiani & Brody, defendant’s law firm, appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated December 3, 1984, which denied its application for leave to withdraw as counsel for the defendant in the…
Schussler v. Schussler Page 47396
— In a matrimonial action for divorce and ancillary relief, (1) the defendant husband appeals from an order of the Supreme Court, Nassau County (Di Paola, J.), dated December 19, 1983, which denied his motion, inter alia, for a change in custody pendente lite of Benjamin Schussler, the infant son of the parties, to…
Sentowski v. Boulevard Hospital Page 47397
— In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Kings County (Hirsch, J.), dated August 30, 1983, which granted the motion of defendant Lo Prestí to strike paragraph 7 (e) of plaintiff’s bill of particulars, alleging a loss of future earnings capacity by the infant plaintiff…
Seward v. Seward Page 47398
— In a matrimonial action, defendant wife appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Martin, J.), entered August 15, 1984, as discharged plaintiff from an order of commitment entered May 15,1984 (Rosenblatt, J.) and allowed plaintiff to…
Sullivan v. New York City Transit Authority Page 47399
— In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Queens County (Goldstein, J.), dated March 15,1983, which granted defendants’ motion for a protective order to the extent of vacating (1) plaintiffs’ “notice FOR DISCOVERY and inspection”, and their…
Villaneuva v. Simpson Page 47400
— Proceeding pursuant to CPLR article 78 to review a determination of respondent New York City Transit Authority, dated November 3, 1982, which, after a hearing, found petitioner guilty of certain charges and terminated his employment.…
Weinstein v. Weinstein Page 47401
— In an action, inter alia, to set aside a separation agreement and modify a judgment of divorce, plaintiff wife appeals from a judgment of the Supreme Court, Nassau County (Berman, J.), dated March 28, 1984, which, upon defendant husband’s motion for summary judgment, dismissed the complaint.…
In re Ramon M. Page 47402
— Appeal from an order of disposition of the Family Court, Kings County (Ambrosio, J.), dated April 6,1984, which, upon a fact-finding determination of the same court (Deutsch, J.), made after a hearing, that appellant had committed acts which, if committed by an adult, would constitute the crimes of menacing and…
— In a proceeding pursuant to CPLR article 75 to vacate an arbitrator’s award, with a cross application to confirm such award, petitioner appeals from (1) a judgment of the Supreme Court, Queens County (Cohen, J.), dated December 19, 1983, which confirmed the arbitrator’s award and (2) an order of the same court…
Mucci v. Town of Eastchester Page 47404
— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Eastchester which, after a hearing, revoked a building permit, petitioners appeal from a judgment of the Supreme Court, Westchester County (Delaney, J.), dated August 27,1984, which dismissed the…
Rubinstein v. Simpson Page 47405
— In a proceeding pursuant to CPLR article 78 to review a determination, dated February 22, 1982, which terminated petitioner’s employment, the appeals are from (1) so much of a judgment of the Supreme Court, Kings County (Morton, J.), dated January 5, 1983, as ordered the New York City Transit Authority to pay to…
Springer v. Zoning Board of Appeals Page 47406
— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Somers denying petitioner’s application for a variance permitting construction of a residence on a parcel of land having less than the 200-foot frontage required under the Zoning Ordinance of the Town…
Tuohey v. Malkmes Page 47407
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of Highways of the Town of Brookhaven, dated April 21, 1983, which, after a hearing, found petitioner guilty of charges of “gross insubordination” and “failure to perform duties” and dismissed him from employment.…
In re Wess Page 47408
— Motion for reinstatement to the Bar by respondent, who, by orders of this court dated July 5, 1983 (94 AD2d 356) and September 23, 1983, respectively, was suspended from the practice of law for a period of one year, effective September 23, 1983, and until the further order of this court.…
People v. Alongi Page 47409
— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chetta, J.), imposed May 20,1981, the sentence being a term of imprisonment of 8 to 24.years, upon his conviction, after a plea of guilty, of manslaughter in the first degree.…
People v. Bonanno Page 47410
— Appeal by defendant, as limited by her motion, from a sentence of the County Court, Suffolk County (Rohl, J.), imposed July 17, 1984.…
People v. Breland Page 47411
— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered May 21, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence of a term of imprisonment of 25 years to life.…
People v. Codrington Page 47412
— Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered December 2, 1982, convicting him of murder in the second degree, robbery in the first degree (three counts), and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Galarza Page 47413
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 18, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
People v. Hines Page 47414
— Appeal by defendant from a judgment of the County Court, Westchester County (Leggett, J.), rendered November 6, 1978, convicting him of burglary in the third degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Jones Page 47415
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered May 10, 1983, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Machin Page 47416
— Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, *895J.), rendered April 22, 1983, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Mendoza Page 47418
— Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Sangiorgio, J.), rendered May 3, 1982, as convicted him of criminal possession of marihuana in the second degree, upon a jury verdict, and imposed sentence.…
People v. Mitchell Page 47419
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered March 10, 1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Murphy Page 47420
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered July 22, 1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. McDonald Page 47421
— Appeal by defendant from a judgment of the County Court, Suffolk County (Weiss-man, J.), rendered December 17,1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Oles Page 47422
— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Dutchess County (Ingrassia, J.), imposed September 10, 1984.…
People v. Onofrietti Page 47423
— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered August 8, 1980, convicting him of two counts of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.…
People v. Osmond Page 47424
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered May 10,1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Passley Page 47425
— Appeal by defendant from a *898judgment of the Supreme Court, Kings County (Owens, J.), rendered December 15, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Pratcher Page 47426
— Judgment of the Supreme Court, Kings County (De Makos, J.), rendered May 20, 1982, affirmed (see, People v Johnson, 105 AD2d 711; People v White, 105 AD2d 860; People v Williams, 105 AD2d 860).…
People v. Ramos Page 47427
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered March 22, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Raphael Page 47428
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered June 30, 1980, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Richburg Page 47429
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered March 4,1982, convicting him of attempted murder in the first degree (two counts), assault in the first degree, assault in the second degree, criminal possession of a weapon in the second degree and criminal possession of a…
People v. Russell Page 47430
— Judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered December 21, 1982, affirmed.…
People v. Samuel Page 47431
— Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered June 3, 1983, convicting him of murder in the second degree (two counts), burglary in the first degree (three counts), and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Samuels Page 47432
— Appeal by defendant from a *901judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 15, 1982, convicting him of robbery in the first degree (14 counts), and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Santos Page 47433
— Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Suffolk County (Mclnerney, J.), imposed July 11, 1983.…
People v. Semkus Page 47434
— Appeals by defendant from three judgments of the Supreme Court, Suffolk County (Mclnerney, J.), all rendered June 17,1983, convicting him of criminal sale of a controlled substance in the third degree; bail jumping in the first degree, attempted criminal possession of a weapon in the third degree and criminal…
People v. Sobolof Page 47435
— Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 5, 1982, convicting him of murder in the second degree, attempted murder in the second degree, criminal possession of a weapon in the fourth degree (two counts), and criminal possession of stolen property in…
People v. White Page 47436
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Jordan, J., at trial; Thompson, J., at sentencing), rendered December 6, 1979, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.…
People v. Williams Page 47437
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered January 6,1981, convicting him of robbery in the first degree (two counts), and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Wilner Page 47438
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kuffner, J.), rendered November 28, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
— In a habeas corpus proceeding based on a failure to afford petitioner a timely preliminary parole revocation hearing with proper notice, the appeal is from a judgment of the Supreme Court, Queens County (Rotker, J.), dated November 2, 1983, which granted the petition and sustained the writ.…
In re Pardoe Page 47440
— In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or to answer the petition herein containing the charges although the time to do so has expired.…
Kagan v. Alpert Page 47441
— Motion to dismiss appeal granted, without costs.…
People v. Knights Page 47442
Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered January 31, 1983 in Chemung County, upon a verdict convicting defendant of the crime of murder in the second degree.…
People v. Kehn Page 47443
Appeal from a judgment of the County Court of Saratoga County (Brown, J.), rendered June 17, 1983, upon a verdict convicting defendant of the crimes of burglary in the third degree and criminal possession of stolen property in the third degree.…
People v. Rosebeck Page 47444
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered August 31, 1983, upon a verdict convicting defendant of the crime of criminal sale of marihuana in the third degree.…
People v. La Joy Page 47445
Appeal from a judgment of the County Court of Clinton County (Goldman, J.), rendered July 28, 1983, upon a verdict convicting defendant of the crimes of criminally negligent homicide, leaving the scene of an accident without reporting, as a felony, and operating a motor vehicle while under the influence of alcohol.…
In re Nicole TT. Page 47446
Appeal from three orders of the Family Court of Broome County (Whiting, Jr., J.), entered April 18,1983, which adjudicated respondent’s three minor children to be permanently neglected, terminated respondent’s parental rights and placed guardianship and custody of the children with petitioner.…
People v. McGuire Page 47447
Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered August 26,1983, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.…
People v. Robare Page 47448
Appeal from a judgment of the County Court of Clinton County (Feinberg, J.), rendered November 7,1983, upon a verdict convicting defendant of the crimes of robbery in the first degree, attempted sodomy in the first degree and assault in the third degree.…
Proceeding pursuant to CPLR article 78 initiated in this court pursuant to Education Law § 6510-a [4] to annul a determination of the Commissioner of Education which revoked petitioner’s license to practice as a physician in the State of New York.…
Duffy v. Horton Memorial Hospital Page 47450
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered January 3, 1984 in Sullivan County, which granted third-party defendant’s motion for reargument and denied plaintiff leave to serve an amended complaint.…
People v. Scarincio Page 47451
Appeal, by permission, from an order of the County Court of Warren County (Moynihan, Jr., J.), entered February 27, 1984, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal sale of a controlled substance in the third degree, after a hearing.…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated June 10, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on physical disability.…
Mathis v. New York State Office of Parks Page 47453
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated August 9, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on sex.…
Costello v. Timothy R. Page 47454
Appeal from an order of the Family Court of Washington County (Leary, J.), entered August 30, 1983, which (1) denied petitioner’s request that a human leukocyte antigen test be given and (2) dismissed the paternity petition.…
Moffatt v. Arlen Realty Management, Inc. Page 47455
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered June 5, 1984 in Albany County, upon a verdict rendered at a Trial Term (Cobb, J.).…
State v. Merchants Insurance Page 47456
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered December 27, 1983 in Albany County, upon a verdict rendered at Trial Term (Williams, J.).…
State v. Ross Page 47457
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered January 9, 1983 in Albany County, which denied plaintiff’s motion for summary judgment.…
In re the Claim of Curto Page 47458
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 9, 1984, which ruled that claimant was entitled to receive benefits.…
In re Abdella Page 47459
— Application for reinstatement granted and petitioner, Ernest Abdella, reinstated as an attorney and counselor-at-law, effective immediately.…
People v. Andrews Page 47460
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered October 4,1982, upon a verdict convicting defendant of the crimes of assault in the first degree and assault in the second degree.…
People v. Taliaferro Page 47461
Appeals (1) from a judgment of the County Court of Sullivan County (Scheinman, J.), rendered July 28,1983, convicting defendant upon his plea of guilty of the crime of robbery in the second degree, and (2) by permission, from an order of said court (Hanofee, J.), entered August 20, 1984, which denied defendant’s…
People v. Basciano Page 47462
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered December 5,1983, upon a verdict convicting defendant of the crime of burglary in the third degree.…
People v. Ragone Page 47463
Appeal from a judgment of.the County Court of Saratoga County (Lomanto, J.), rendered May 25, 1984, upon a verdict convicting defendant of the crimes of rape in the first degree and sodomy in the first degree (two counts).…
People v. Marmulstein Page 47464
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered December 1,1983, upon a verdict convicting defendant of the crimes of burglary in the second degree and conspiracy in the fourth degree.…
People v. Jung Page 47465
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered December 1, 1983, upon a verdict convicting defendant of the crimes of burglary in the second degree and conspiracy in the fourth degree.…
Carp v. Marcus Page 47466
— Appeal from an order of the Supreme Court at Special Term (Kuhnen, J.), entered April 30, 1984 in Tompkins County, which denied, without prejudice, plaintiff’s motion for default judgment against defendant Sharon L.…
Willis v. Kepner Page 47467
Appeals (1) from three orders of Supreme Court at Special Term (Kahn, J.), entered March 3, 1983 in Albany County, which granted motions by defendants George S.…
Crippen v. Coughlin Page 47468
Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered January 23, 1984 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination made by respondents after a superintendent’s proceeding and to expunge all references thereto…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated July 27,1982, which found that petitioner was engaged in unlawful sex discrimination and awarded respondent Barbara Kowaleski reinstatement, back pay and compensatory damages for…
In re the Estate of Brown Page 47470
Appeal from that part of an order of the Surrogate’s Court of Tompkins County (Friedlander, S.), entered October 26, 1983, which denied petitioner’s motions for partial summary judgment and to disqualify the attorney representing respondent Tompkins County Trust Company.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which partially sustained a sales and use tax assessment imposed under Tax Law articles 28 and 29.…
People ex rel. Wright v. LeFevre Page 47472
Appeal from a judgment of the Supreme Court at Special Term (Crangle, J.), entered July 6, 1984 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.…
Brennan v. Brennan Page 47473
Appeals from two orders of *961the Supreme Court at Special Term (Connor, J.), entered June 19, 1984 and September 13, 1984 in Albany County, and a judgment of said court, entered September 14, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to Domestic Relations Law § 244, for…
Anitec Image Corp. v. Assessor Page 47474
Cross appeals from an order of the Supreme Court at Trial Term (Tait, Jr., J.), entered February 9, 1984 in Broome County, which partially granted petitioner’s application, in a proceeding pursuant to Real Property Tax Law article 7, to reduce the tax assessments of certain properties for the tax years 1981 and 1982.…
Murphy v. Murphy Page 47475
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered January 12, 1984 in Broome County, upon a decision of the court at Trial Term (Smyk, J.), without a jury.…
Birdsall v. Montgomery Ward & Co. Page 47476
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 10, 1984 in Schenectady County, upon a verdict rendered at Trial Term (Graves, J.).…
Hawks v. Record Printing & Publishing Co. Page 47477
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered March 2,1984 in Columbia County, which denied defendants’ motion for summary judgment dismissing the complaint.…
In re Cohen Page 47478
— It appearing that respondent has provided satisfactory proof of his daily personal attendance at and completion of a formal Bar review course as required by our prior decision (Matter of Cohen, 105 AD2d 1009), application granted and petitioner reinstated as an attorney and counselor-at-law, effective immediately.…
Baird v. Ness Page 47479
Appeal *976from a judgment of the Supreme Court at Special Term (Bryant, J.), entered March 12,1985 in Tompkins County, which granted petitioner’s application, in a proceeding pursuant to the Election Law, to declare invalid the independent nominations of respondents Thomas Smith and Robert Scott for the office of…
Roy v. Roy Page 47480
— Motion to dismiss appeal denied, without costs, upon condition that appellant file the original notice of appeal with the Clerk of the Broome County Family Court within 10 days from the date of the decision hereon.…
People v. Estrada Page 47481
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 28, 1982, upon a verdict convicting defendant of the crimes of murder in the second degree (two counts) and grand larceny in the second degree.…
In re Alfredo HH. Page 47482
Appeal from an order of the Family Court of Schenectady County (Severson, J.), entered January 12, 1983, which adjudicated Alfredo HH.…
People v. Carey Page 47483
Appeals (1) from a judgment of the County Court of Albany County (Harris, J.), rendered June 17, 1983, upon a verdict convicting defendant of the crimes of promoting prostitution in the second degree (two counts) and promoting prostitution in the third degree, and (2) by permission, from an order of said court…
Coburn v. Coburn Page 47484
Appeals (1) from an order of the Family Court of Delaware County (Estes, J.), entered November 4, 1983, which sua sponte appointed an attorney to represent respondent and stayed enforcement of a prior custody determination, and (2) from an order of said court, entered February 17, 1984, which vacated the prior custody…
Wasilkowski v. Amsterdam Memorial Hospital Page 47485
Appeal from a judgment of the Supreme Court in favor of defendant *987entered August 16, 1983 in Montgomery County, upon a decision of the court at Trial Term (Walsh, Jr., J.), without a jury.…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated January 30, 1984, which upheld respondent Jo Ann Larson’s complaints of unlawful discriminatory practices based on age and sex.…
Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered October 28, 1983 in Warren County, which denied petitioner’s application pursuant to CPLR 7511 to modify or, in the alternative, partially vacate an arbitration award.…
Koretnicki v. Firemen's Insurance Page 47488
Appeal from an order and judgment of the Supreme Court at Special Term (Kahn, J.), entered May 4,1984 in Schenectady County, which granted the motion of defendant Firemen’s Insurance Company of Newark, Jew Jersey, for summary judgment dismissing the complaint and all cross claims against it.…
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered May 17, 1984 in Albany County, which, inter alia, granted defendant’s motion to vacate plaintiff’s note of issue and notice of inquest and denied plaintiff’s cross motion for permission to proceed to a default judgment.…
Tordai v. Tordai Page 47490
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 15, 1984 in Schoharie County, upon a decision of the court at Trial Term (Hughes, J.), without a jury.…
Phillips v. Maurer Page 47491
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered June 18, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education permitting respondent Board of Education of the…
In re the Estate of Miller Page 47492
Appeal from an order of the Surrogate’s Court of Otsego County (Ingraham, S.), entered December 9, 1983, which, inter alia, denied petitioner’s application for the conveyance of certain real property owned by decedent’s estate.…
Butchino v. Bush Page 47493
Appeal from an order of the Supreme Court in favor of defendant, entered October 25, 1983 in St. Lawrence County, upon a dismissal of the complaint by the court at Trial Term (Ford, J.), at the close of all the evidence.…
C.E.L. Lumber, Inc. v. Roberts Page 47494
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Franklin County) to review a determination of respondent which ordered petitioner to remit underpaid wages to its employees and imposed a civil penalty of $750 against petitioner.…
Kilmer v. Kilmer Page 47495
Appeal from an order of the Family Court of Columbia County (Zittell, J.), entered June 5, 1984, which granted plaintiff an order of protection.…
Jester v. Board of Education Page 47496
Appeals from two judgments of the Supreme Court at Special Term (Harlem, J.), entered January 19,1984 and June 21, 1984 in Broome County, which dismissed petitioner’s applications, in proceedings pursuant to CPLR article 78, to annul determinations made by respondent denying petitioner’s claim for entitlement to…
Tifft v. Benson Page 47497
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered February 3, 1984 in Rensselaer County, which denied plaintiffs’ motion for partial summary judgment dismissing an affirmative defense in each defendant’s answer.…
McGrath v. Regan Page 47498
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent denying petitioner’s application for ordinary disability retirement benefits.…
Krebbeks v. Regan Page 47499
Appeal from a judgment of the Supreme Court at Special Term (Williams, J.), entered February 2, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondent’s determination denying payment to petitioner of the guaranteed ordinary death benefit…
Collyer v. Proper Page 47500
Cross appeals from an order of the Family Court of Schoharie County (Fromer, J.), entered February 7, 1984, which, inter alia, denied petitioner’s application for increased child support and denied respondent’s cross petition to terminate alimony.…
Guggenheim v. Guggenheim Page 47501
Appeal from that part of an order of the Supreme Court at Special Term (Bryant, J.), entered August 13, 1984 in Tompkins County, which amended a final judgment of divorce.…
Novak & Co. v. Facilities Development Corp. Page 47502
Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered May 17, 1984 in Albany County, upon a decision of the court at Trial Term (Prior, Jr., J.), without a jury.…
In re Kove Page 47503
— Petitioner’s motion in this disciplinary proceeding for a default judgment was granted and respondent was suspended from the practice of law for a period of six months by decision dated February 8, 1985 (Matter of Kove, 108 AD2d 986).…
People v. Young Page 47504
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 20, 1983, upon a verdict convicting defendant of the crime of assault in the second degree.…
Levine v. Regan Page 47505
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered July 8, 1983 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Office of Parks, Recreation and Historic Preservation denying petitioner’s request that…
Bikowicz v. Nedco Pharmacy, Inc. Page 47506
— Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered March 20, 1984 in Schenectady County, which denied the motion of defendants Sterling Drug, Inc., and Winthrop Laboratories, Inc., to renew their previously denied motion for an order granting a commission pursuant to CPLR 3108.…
Moon v. Mark A. Page 47507
Appeal from an order of the Family Court of Delaware County (Estes, J.), entered December 20, 1983, which dismissed the petition in a proceeding brought to establish paternity of petitioner’s child.…
Moss v. Cooley Page 47508
Appeals (1) from an order of the Supreme Court at Special Term (Bradley, J.), entered May 8, 1984 in Albany County, which denied defendants’ motion to renew a prior motion to vacate their default in answering the complaint, and (2) from an order of said court, entered September 7, 1984, which granted defendants’…
Bull v. Bull Page 47509
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered April 27, 1984 in Schenectady County, which granted petitioner’s application pursuant to Personal Property Law § 49-b for an income deduction order against respondent.…
People v. Wagner Page 47510
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 9, 1983, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.…
Appeal from a judgment of the Supreme Court at Special Term (Hercure, J.), entered May 8, 1984 in Warren County, which granted plaintiff’s motion for summary judgment against defendants George I.…
Adams v. County of Rensselaer Page 47512
Appeal from that part of an order of the Supreme Court at Special Term (Brown, J.), entered May 23, 1984 in Rensselaer County, which granted the motion of defendant Sheriff’s Department of the County of Rensselaer to dismiss the complaint as against it.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a sales tax assessment imposed under Tax Law article 28.…
Whitbeck v. Erin's Isle, Inc. Page 47514
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered July 3,1984 in Greene County, which denied defendant’s motion to reconsider* its prior motion to vacate a default judgment entered against it.…
Smith v. Sipe Page 47515
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered December 30,1983 in Ulster County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.…
Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered October 26, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent State Commissioner of Social Services denying petitioner public…
In re the Claim of Hagan Page 47517
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 18, 1984, which ruled that claimant was ineligible to receive benefits because he did not file a valid original claim.…
Apfel v. D. A. Bennett, Inc. Page 47518
Appeal from an order of the County Court of Albany County (Harris, J.), entered January 4, 1984, which affirmed a judgment of the Albany City Court in favor of plaintiff.…
Appeal from an order and judgment of the Supreme Court at Special Term (Connor, J.), entered January 31, 1984 in Ulster County, which denied plaintiff’s motion for summary judgment in lieu of a complaint and granted defendants’ cross motion for summary judgment dismissing the action.…
In re the Claim of Donenfeld Page 47520
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 8, 1984, which ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause.…
In re the Claim of Guimarales Page 47521
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1984, which ruled that claimant was entitled to receive benefits.…
People v. Lincoln Page 47522
Appeal from an order of the County Court of Columbia County (Leaman, J.), entered August 21, 1984, which, inter alia, granted the People’s cross motion to disqualify the law firm of Crimmins and Hogle from continued representation of defendant.…
Appeal from an order of the Supreme Court at Trial Term (Conway, J.), entered December 13, 1984 in Albany County, which dismissed petitioner’s application pursuant to Mental Hygiene Law § 9.39 for release from respondent’s confinement.…
Cohen v. St. Regis Paper Co. Page 47524
— Upon remittitur from the Court of Appeals, judgment against defendant Red Diamond Dry Ice and C02 Corp. affirmed, with costs.…
— Motion granted and proceeding dismissed, with costs to respondent (see, Matter of Butler, 101 NY 307).…
People v. Buggs Page 47526
— Judgment unanimously affirmed. Memorandum: On appeal from a judgment upon conviction of manslaughter in the first degree (Penal Law § 125.20 [1]), defendant faults the prosecutor for presenting improper rebuttal, rendering a prejudicial summation and improperly cross-examining a defense witness.…
R. L. C. Investors, Inc. v. Zabski Page 47527
— Order unanimously reversed, on the law and in the interest of justice, with costs to appellants, and appellants’ motion granted.…
McCargar v. Welser Page 47528
— Order, *1054insofar as it denied plaintiff’s motion to amend the title to name him in his representative capacity, unanimously reversed and motion granted; motion to substitute Beverly J.…
Malanga v. Sears, Roebuck & Co. Page 47529
— Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff alleged causes of action for false arrest, malicious prosecution, defamation, and intentional infliction of emotional distress after she was questioned by a store manager…
— Order unanimously affirmed, with costs.…
— Judgment unani*1057mously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendants appeal, after a combined trial of a contract action and a mechanic’s lien foreclosure action, from a judgment which, among other things, decrees that plaintiff…
Christou v. Christou Page 47532
— Order entered May 15, 1984 reversed, on the law, without costs, and defendant George Christou’s motion granted.…
Fuller v. Martin Page 47533
— Orders unanimously affirmed, without costs.…
— Order unanimously reversed, on the law, without costs, and defendant’s motion granted, in accordance with the following memorandum: Plaintiff, which was under corporate reorganization in bankruptcy, commenced this breach of contract action by service of summons and verified complaint on August 31, 1983 on…
Alexander v. Smith Page 47535
— Judgment unanimously affirmed (see, People ex rel.…
Rivera v. Smith Page 47543
— Judgment unanimously affirmed (see, People ex rel.…
Schumann v. Smith Page 47545
— Judgment unanimously affirmed (see, People ex rel.…
Porter v. Smith Page 47551
— Judgment unanimously affirmed (see, People ex rel.…
People v. Congden Page 47553
— Judgment unanimously affirmed. Memorandum: Almost one year before the police questioned the defendant and obtained his incriminating statement, the defendant refused to submit to a polygraph test, telling the police that his lawyer told him not to take it.…
People v. Lee Page 47554
Judgment unanimously affirmed. Memorandum: Defendant asserts that the court erred in failing to suppress evidence of a “one-on-one” showup conducted at the scene of the crime.…
Lelio v. Rutkowski Page 47555
— Judgment unanimously affirmed, with costs, for reasons stated at Special Term, McGowan, J.…
Rores v. Passidomo Page 47556
— Determination unanimously confirmed and petition dismissed, without costs.…
Lannon v. Town of Henrietta Page 47557
— Order unanimously affirmed, with costs.…
Bomrad v. Van Curler Trucking Corp. Page 47558
— Order and judgment unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Defendant Van Curler Trucking Corporation appeals from an order granting plaintiff’s motion for summary judgment in his first cause of action seeking unpaid rent and…
Tyson v. Hess Page 47559
— Judgment reversed, on the law, without costs, and petition dismissed, in accordance with the following memorandum: Petitioner has been employed by the East Syracuse-Minoa Central School District (School District) as a school bus driver since 1972.…
Orders unanimously affirmed, with costs, and motion denied.…
Harris v. Bonacci Page 47561
— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: In 1974 Tri-County Realty Corp. conveyed 22 acres of land to the Bonaccis.…
Loughry v. Lincoln First Bank Page 47562
— Order and judgment modified, on the law and facts, and, as modified, affirmed, with costs to plaintiff, in accordance with memorandum.…
People v. Barone Page 47563
— Judgment unanimously affirmed. Memorandum: Defendant stands convicted, as an accessory (Penal Law § 20.00), of murder in the second degree (Penal Law § 125.25 [3]), burglary in the first degree (Penal Law § 140.30) and robbery in the first degree (Penal Law § 160.15).…
People v. Newman Page 47564
— Judgment unanimously affirmed. Memorandum: Although we agree that the trial court erred in refusing to allow defense counsel to inquire into whether Miranda warnings had been administered prior to police questioning defendant at the scene of the crime (CPL 60.45, 710.70 [3]; People v Graham, 78 AD2d 831, affd 55…
People v. Brewer Page 47565
— Judgment unanimously modified, as a matter of discretion in the interest of justice, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction stems from his entering a room in a Syracuse University dormitory and taking a purse.…
Reeder v. Szmigel Page 47566
— Judgment unanimously reversed, on the law, with costs, petition granted and determination annulled.…
Bennett v. Massachusetts Casualty Insurance Page 47567
— Order unanimously reversed, on the law, with costs, and plaintiff’s motion granted.…
Guest v. City of Buffalo Page 47568
— Judgment, insofar as it dismissed the action as against defendant City of Buffalo, unanimously reversed, on the .…
Gilman v. Passidomo Page 47569
— Determination unanimously confirmed and petition dismissed, without costs.…
Jimerson v. Travelers Insurance Page 47570
Order unanimously affirmed, without costs, for reasons stated in memorandum decision at Special Term, Kasler, J.…
State Division of Human Rights v. GTE Corp. Page 47571
— Determination unanimously annulled, with costs, petition granted and matter remitted to State Division of Human Rights for further proceedings on the complaint.…
People v. Alicea Page 47572
— Judgment unanimously affirmed. Memorandum: We reject defendant’s argument on appeal from convictions for criminal possession of a controlled substance in the third, fourth and seventh degrees that he was deprived of his statutory right to a speedy trial (CPL 30.30).…
People v. Mayfield Page 47573
— Judgment unanimously affirmed. Memorandum: Defendant’s concurrent sentences, the highest being 2Vz- to 7 years on convictions of burglary in the third degree, petit larceny and possession of burglar’s tools, were not excessive.…
Lloyd v. Wheatfield Page 47574
— Order affirmed, without costs. Memorandum: The complaint was properly dismissed.…
— Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Costello v. Oneida National Bank & Trust Co. Page 47576
— Order unanimously reversed, on the law, with costs to plaintiff, and plaintiff’s motion granted.…
Katzman v. Derouin Page 47577
— Order unanimously affirmed, with costs.…
Ray v. Kramer Page 47578
— Order unanimously affirmed, with costs to plaintiff.…
Byork v. Carmer Page 47579
— Order unanimously reversed, on the law, with costs, and motion granted.…
Niagara Frontier Services, Inc. v. Thress Page 47580
Order and judgment unanimously affirmed, without costs.…
People v. Robidoux Page 47581
— Appeal unanimously dismissed as academic and matter remitted to Supreme Court, Erie County, to vacate the conviction and dismiss the indictment, sua sponte, or an application by the District Attorney or the attorney who appeared for defendant (see, People v Massaro, 78 AD2d 775, Iv denied 52 NY2d 835).…
— Determination unanimously annulled, petition granted, with costs, and matter remitted to State Division of Human Rights for further proceedings, in accordance with the following memorandum: The record does not support the determination of the State Division of Human Rights (SDHR) that respondent was not petitioner’s…
Elliott v. Elliott Page 47583
— Order unanimously affirmed, with costs (see, Paparella v Paparella, 74 AD2d 106).…
— Proceedings unanimously dismissed, without costs, upon stipulation.…
People v. Brown Page 47585
— Judgment unanimously affirmed. Memorandum: Defendant contends that the judgment convicting him of felony murder, robbery and burglary must be set aside because the court erred in failing to instruct the jury that the guilty plea entered by his codefendant could not be considered as evidence of defendant’s guilt.…
In re Jason M. Page 47586
— Appeal unanimously dismissed as moot, without costs.…
In re Samuel E. L. Page 47587
— Order affirmed. Memorandum: On appeal from an order finding him to be a juvenile delinquent based on his alleged participation in an attempted robbery, respondent argues that Family Court improperly admitted into evidence testimony by a Division for Youth counselor (whom respondent had been seeing in connection with…
Crain v. Crain Page 47588
— Order unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: As a part of judicial proceedings which ultimately led to a judgment of divorce, the parties entered into a stipulation resolving various financial and custodial issues.…
People v. Amiger Page 47589
— Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Petitioner’s motion pursuant to CPL 160.50 to seal the records of proceedings on the December 29, 1973 charges of robbery and grand larceny should have been granted since they were…
People v. James Page 47590
— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed, and defendant remanded to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: At defendant’s sentencing, the prosecutor filed a second felony offender statement…
People v. Smith Page 47591
— Order unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant was charged with the kidnapping, rape and sodomy of a 19-year-old girl who was endeavoring to get home after her car developed a mechanical problem.…
— Determination unanimously annulled and petition granted, with costs.…
Judgment unanimously affirmed, with costs, for reasons stated at Trial Term, Cook, J.…
Butler v. Griffin Page 47594
Judgment unanimously affirmed, with costs, for reasons stated in memorandum at Special Term, Wolf, J.…
— Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Lee v. Smith Page 47596
— Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, lv denied 56 NY2d 711).…
Caton v. Doug Urban Construction Co. Page 47597
— Order unanimously reversed, on the law, with costs, and motion granted.…
People ex rel. Lopez v. Smith Page 47598
— Judgment unanimously reversed and petition granted for the reasons stated in the opinion in Matter of Jones v Smith (120 Misc 2d 445, affd 101 AD2d 705, lv granted 63 NY2d 601).…
Sommer v. Smith Page 47599
— Judgment unanimously affirmed (see, Matter of Jones v Smith, 120 Misc 2d 445, affd 101 AD2d 705, lv granted 63 NY2d 601).…
People v. Gipson Page 47600
— Judgment unanimously modified, on the law, by vacating defendant’s adjudication as a second felony offender, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing.…
— Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Walker v. Town of Lockport Page 47602
— Order unanimously reversed, without costs, and appellants’ motions to dismiss granted.…
Sturm v. Lyding Page 47603
— Order unanimously reversed, as a matter of discretion in the interest of justice, without costs, and motion granted.…
People ex rel. Roides v. Smith Page 47606
— Judgment unanimously affirmed (see, People ex rel.…
State Division of Human Rights v. Martakis Page 47607
— Petition unanimously granted, without costs.…
In re Edward B. Page 47608
— Order unanimously reversed, on the law and facts, without costs, and petition dismissed.…
Shearer v. Mooney Page 47609
— Order unanimously reversed, on the law, with costs, and motion denied.…
Bellinger v. Bellinger Page 47610
— Order unanimously modified, on the law, by deleting the provision granting temporary custody to petitioner and, as modified, affirmed, with costs.…
— Motion and cross motion for modification and clarification granted to the extent that the last paragraph of this court’s opinion dated November 7, 1984 (104 AD2d 55) amended to read as follows: “Accordingly, the judgment should be modified to award damages on the first, second, fifth and sixth causes of action…
— Motion for reargument granted to the extent that the parties are directed to brief the single question of the impact of Matter of Action Elec.…
In re Guy Page 47613
— Order entered terminating suspension and reinstating petitioner as an attorney and counselor-at-law.…
In re Roder Page 47614
— Grievance Committee for the Eighth Judicial District, Petitioner.…
In re 450 Oakdale Drive Page 47615
— Petition to dispense with election pursuant to General Municipal Law § 713 granted.
OPINION OF THE COURT The facts of this case are undisputed and were previously set forth by this court in our decision in Matter of Reports of Grand Jury of County of Montgomery (Aison) (100 AD2d 692).…
OPINION OF THE COURT This breach of contract action is before us by virtue of personal service of the summons and complaint upon defendant Alvin Shutzer in the State of Massachusetts on April 29, 1983.…
Hall v. New York State Tax Commission Page 47912
OPINION OF THE COURT Following audits conducted in early 1979, petitioner was informed by notices of determination and demand for payment of sales and use taxes due dated December 29,1982 that he was liable as a responsible person under Tax Law §§ 1131 (1) and 1133 for taxes owed by Old Homestead Country Kitchen…
OPINION OF THE COURT At issue are the permissible and appropriate methods for valuing condominium properties for real estate tax assessment and review purposes.…
In re Kaiser Page 47914
OPINION OF THE COURT Petitioner, Departmental Disciplinary Committee (DDC) for the First Judicial Department, moves for: (1) an order, pursuant to section 603.4 (d) of the Rules Governing the Conduct of Attorneys in the Appellate Division, First Judicial Department (Rules) (22 NYCRR 603.4 [d]), confirming a report of…
People v. Alfaro Page 47915
(dissenting). The primary issue presented by this appeal is whether defendant’s conviction for insurance fraud in the third degree (Penal Law § 176.10), rendered after a nonjury trial, is repugnant with his simultaneous acquittal of attempted petit larceny (Penal Law §§ 155.25, 110.00).…
People v. Rosa Page 47916
OPINION OF THE COURT The defendant is appealing from his conviction by a Bronx jury of the crimes of manslaughter in the first degree (Penal Law § 125.20 [1]), two counts, and of criminal possession of a weapon in the second degree (Penal Law § 265.03), two counts.…
D'Angelo v. Cole Page 47917
OPINION OF THE COURT In an action against the Village of Avon and the members of the Village Board, plaintiff, an owner of a private road in the village, seeks a judgment declaring unconstitutional and enjoining enforcement of an ordinance adopted on May 8,1980 entitled “Maintenance of Private Roads”.…
People v. Palmer Page 47918
OPINION OF THE COURT The sole issue presented on this appeal is whether the conduct alleged in the indictment constitutes the crime of scheme to defraud in the first degree (Penal Law § 190.65), to which defendant pleaded guilty, or, since such conduct consisted of defendant uttering a series of 10 bad checks, she…
OPINION OF THE COURT Petitioner AACR Agency Ltd. is a licensed insurance agency, but neither of the petitioners is a licensed property/casualty insurer.…
Rakowski v. Rakowski Page 47920
OPINION OF THE COURT In July 1981, the plaintiff herein, Norine Rakowski, commenced the instant action against defendant Barry Rakowski and two corporate defendants seeking, inter alia, to impose a constructive trust upon the shares of a cooperative apartment, i.e., apartment 16E, located at 118-17 Union Turnpike in…
OPINION OF THE COURT Plaintiff, a creditor’s assignee, sues defendant, the broker for the interpleaded defendant Equity Steamship Agencies, for al*9leged conversion of insurance proceeds which defendant had received on behalf of Equity, to which plaintiff had claimed entitlement under various written agreements…
Melendez v. City of New York Page 47922
OPINION OF THE COURT The issue is whether, under the facts of this case, the court properly directed disclosure of: (1) testimony presented to the Grand Jury by the plaintiff and his wife, (2) testimony given by a police officer employed by defendant City of New York, and (3) a statement by the police officer…
People v. Allen Page 47923
OPINION OF THE COURT At the Mapp hearing, Detective Taranto testified that on February 19,1983 he was working the 4:00 p.m.…
People v. Wroblewski Page 47924
OPINION OF THE COURT Defendant was convicted after a jury trial of two counts of felony murder (Penal Law § 125.25 [3]) (the fifth and sixth counts of the indictment) for causing the deaths of Susan Rees and Jason Hanlin, her son, by starting a fire in the two-family dwelling at 88 Spaulding Street in Buffalo where…
Eiseman v. State Page 47925
OPINION OF THE COURT Larry Campbell was conditionally released from Fishkill Correctional Facility on December 19, 1975 and enrolled as a student at the State University College at Buffalo in a program for the economically and educationally disadvantaged designated under the acronym SEEK (Search for Education…
Fox v. Mercer Page 47926
OPINION OF THE COURT Kenneth W. Fox, Sr., was killed in a single-car accident while driving in an alleged intoxicated condition and his widow brought this action on behalf of herself individually and their three children under the Dram Shop Act (General Obligations Law § 11-101) for damages suffered by reason of the…
Shufelt v. Niagara Mohawk Power Corp. Page 47927
OPINION OF THE COURT Special Term granted motions by two of the third-party defendants* for summary judgment dismissing the third-party complaint for the failure of third-party plaintiff to present, in opposition to the motions, proof of any active negligence by those third-party defendants which could serve as the…
People v. McLeod Page 47928
*71OPINION OF THE COURT On this appeal we are asked to determine whether defendant, convicted for the second time of felony murder, is entitled to a third trial based upon his contention that the trial court failed to give limiting instructions to the jury with respect to any of his alleged statements.…
Thomas v. Hanmer Page 47929
OPINION OF THE COURT We must decide whether the availability of relief in this negligence action is governed by the law of the State of New York which permits a plaintiff to recover for pain and suffering for “serious injury” (Insurance Law § 5104 [a]), or by the law of the Province of Quebec, Canada, which restricts…
In re Dean L. Page 47930
OPINION OF THE COURT The Niagara County Department of Social Services brought these proceedings to terminate the rights of the parents in their three children and to free them for adoption on the ground of permanent neglect (Social Services Law § 384-b [4] [d]).…
Reynolds v. Koh Page 47931
*98OPINION OF THE COURT After plaintiff Sue M.…
Cucuzza v. Vaccaro Page 47932
OPINION OF THE COURT The instant appeal presents the issue of whether a plaintiff’s direct claim against a third-party defendant should be deemed *102to relate back to the date of service of the third-party complaint pursuant to CPLR 203 (e) for purposes of determining the timeliness of the claim.…
Schwartz v. Merchants Bank Page 47933
OPINION OF THE COURT Plaintiff made shipments of merchandise to two consignees in Nigeria.…
People v. Willette Page 47934
*113OPINION OF THE COURT Defendant was indicted and charged with three counts of sexual abuse in the first degree based upon allegations that he had sexual contact with a four-year-old girl and a six-year-old boy who were the children of a woman defendant was seeing socially.…
Powers Mercantile Corp. v. Feinberg Page 47935
OPINION OF THE COURT From 1962 until January 31, 1973, plaintiff’s predecessor, CITC Industries, Inc., a New York corporation engaged in the manufacture and sale of footwear, employed William Manowitz who, by virtue of various managerial positions he held, was able to acquire confidential information concerning CITC’s…
In re Linn Page 47936
OPINION OF THE COURT Petitioner, the Departmental Disciplinary Committee for the First Department, seeks an order confirming the finding of the hearing panel that the respondent has been rehabilitated, and directing that the interim suspension of respondent be vacated, and that he be censured.…
Karten v. City of New York Page 47937
OPINION OF THE COURT On September 16, 1977, plaintiff Beverly Karten (Beverly), then 45 years of age, was crossing East 52nd Street in the crosswalk on the westerly side of Lexington Avenue in Manhattan when she fell and sustained a comminuted fracture of her right elbow by reason of an allegedly dangerous and…
Hornstein v. Wolf Page 47938
OPINION OF THE COURT This action emanates from a legal malpractice claim against plaintiff’s husband Richard Hornstein for his alleged negligence in handling the Petkers’ personal injury action.…
In re Light Page 47939
OPINION OF THE COURT The respondent was admitted to practice by this court on October 16, 1963.…
In re Kleeger Page 47940
OPINION OF THE COURT The respondent was admitted to practice by this court on December 18, 1963.…
In re Auger Page 47941
OPINION OF THE COURT The respondent was admitted to practice by this court on March 16, 1977.…
Niagara Mohawk Power Corp. v. Cutler Page 48204
OPINION OF THE COURT At issue on this appeal is the validity of the 1982 and 1983 real property tax assessments entered against petitioner as to certain “water rights” by the assessors in three Saratoga County towns containing lands submerged by waters impounded by the *404Conklingville Dam on the Sacandaga River…
People v. Watson Page 48205
OPINION OF THE COURT On July 22,1983, two police officers arrested defendant for the 1981 murder of Tyrone Nickens.…
People v. Morris Page 48206
OPINION OF THE COURT Defendant seeks reversal of a judgment of conviction for assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the second degree (Penal Law § 265.03) because the trial court failed to charge justification as a defense to both crimes.…
Stellema v. Vantage Press, Inc. Page 48208
*424OPINION OF THE COURT The limited issue on this appeal is whether Special Term, by its order entered June 5, 1984, properly modified the order of Justice Nathaniel Helman, entered March 9, 1978, certifying this action as a class action (affirmed by this court on Justice Helman’s opinion, 66 AD2d 669, appeal…
In re Birnbaum Page 48209
OPINION OF THE COURT The respondent was admitted to practice by this court on April 3, 1929 under the name of Charles Birenbaum.…
Liss v. Trans Auto Systems, Inc. Page 48210
OPINION OF THE COURT The facts giving rise to the instant action are essentially as stated in the dissent.…
In re Terrence G. Page 48211
OPINION OF THE COURT The issue is whether a juvenile lawfully detained by the police under the authority of Family Court Act § 718, a noncriminal statute whose purpose is the protection and return of runaway children, may legally be subjected to a “patdown” search.…
OPINION OF THE COURT This action arises out of the construction at Columbia University of the Sherman Fairchild Center for Life Sciences, which was completed in 1977, and involves claimed defects in the exterior “curtain wall” of the building and the tiles attached to that wall.…
In re Assael Page 48213
OPINION OF THE COURT Respondent was admitted to practice by this court on March 30, 1949.…
In re Manfredi Page 48214
OPINION OF THE COURT The respondent was admitted to practice by this court on March 3, 1972.…
People v. Simpson Page 48215
OPINION OF THE COURT The defendant was convicted of assault in the first degree after a jury trial in which the single issue was whether or not he was legally justified in firing two shots that severely wounded the complaining witness.…
Allen v. County of Westchester Page 48216
OPINION OF THE COURT This appeal concerns a claim for damages for conscious pain and suffering of plaintiff’s deceased husband who became intoxicated, fell and sustained fatal injuries at “The Pub”, a bar dispensing beer and wine on the campus of Westchester Community College.…
de St. Aubin v. Flacke Page 48217
*483OPINION OF THE COURT The issue presented on this appeal is whether petitioners have established that the denial of permits to fill their respective parcels of tidal wetland has destroyed the economic value of their properties or all but a bare residue of that value.…
OPINION OF THE COURT In June 1983, intervenor, Upper Hudson Planned Parenthood, Inc. (Planned Parenthood), applied to respondent New York State Department of Health (DOH) pursuant to Public Health Law § 2802 for approval of an expansion of its existing, licensed health clinics in the Cities of Albany and Hudson to…
Roy v. Roy Page 48219
OPINION OF THE COURT The dispositive issue in this appeal is whether Family Court is divested of subject matter jurisdiction over a properly commenced support proceeding when petitioner thereafter commences a matrimonial action in Supreme Court while the support proceeding is pending in Family Court.…
In re County of Suffolk Page 48220
OPINION OF THE COURT Unlike the recent cases of Chase Manhattan Bank v State of New York (103 AD2d 211) and Berwick v State of New York (107 AD2d 79), which involved claims that certain wetlands restrictions were themselves confiscatory, the central issue on this wetlands condemnation appeal reflects a more typical…
OPINION OF THE COURT Petitioner commenced this CPLR article 78 proceeding to review a determination by respondent which denied a special use permit for the establishment of a shopping center.…
People v. Wheeler Page 48222
(concurring). We agree with the majority only to the extent that a reasonable view of the trial evidence did not require a charge of attempted sexual abuse in the first degree as a lesser included offense of attempted rape in the first degree, and for this reason the trial court’s refusal to charge down as requested…
People v. Barnes Page 48223
OPINION OF THE COURT After his second jury trial on charges stemming from a stabbing death in Buffalo, defendant was convicted of felony murder, robbery, first degree, and criminal possession óf a weapon, fourth degree.…
All Seasons Resorts, Inc. v. Abrams Page 48224
OPINION OF THE COURT Plaintiff is a corporation, organized under the laws of the State of Washington, which owns and operates 11 campgrounds.…
Welland Estates, Inc. v. Smith Page 48225
OPINION OF THE COURT Petitioner, Welland Estates, Inc., was the owner of a single-room occupancy (SRO) building located at 222 Riverside Drive in Manhattan.…
People v. Baker Page 48226
OPINION OF THE COURT On April 11, 1982, at approximately 5:30 a.m., Officers Leon Van Winkle and Robert F.…
People v. Harris Page 48227
*352OPINION OF THE COURT On March 10, 1980, defendant Jean Harris test-fired her .32 revolver at her Virginia home, placed the loaded gun into a car along with several rounds of ammunition, and headed for New York.…
In re Hansen Page 48228
OPINION OF THE COURT The respondent was admitted to practice by this court on February 25,1976.…
OPINION OF THE COURT These consolidated appeals stem from a controversy arising out of a property damage claim under a policy of insurance with *371particular focus on the parameters of the subrogation rights incident thereto.…
OPINION OF THE COURT The only issue which divides the court on this appeal is whether a lawyer’s letter is sufficient to give notice to a tenant of its landlord’s decision to terminate the tenancy based on the tenant’s alleged default, in accordance with a paragraph of the lease requiring the service of such a notice…
People v. Freaney Page 48231
OPINION OF THE COURT Defendant appeals from a judgment of the County Court, Nassau County, convicting her of promoting prostitution in the third degree and permitting prostitution, upon a jury verdict, and imposing sentence.…
Watkins v. Fromm Page 48232
OPINION OF THE COURT This appeal presents the novel question of whether a patient of a medical group, who allegedly has suffered injury by reason *234of the malpractice of doctors associated with the group, is entitled to the benefit of the “continuous treatment” doctrine as against the doctors alleged to have…
Aldrich v. Pattison Page 48234
OPINION OF THE COURT The question on this appeal is whether there has been compliance with the procedural and substantive requirements of the State Environmental Quality Review Act (ECL, art 8) (hereinafter SEQRA) and the applicable regulations in the formulation and approval of a final environmental impact statement…
Meko Holding, Inc. v. Joy Page 48235
OPINION OF THE COURT Motions by respondent-appellant and intervenor-respondentappellant for reargument or, in the alternative, for leave to appeal to the Court of Appeals from the order of this court entered on November 15,1984, unanimously affirming, without opinion (105 AD2d 1169), a judgment of the Supreme Court…
487 Elmwood, Inc. v. Hassett Page 48236
*286OPINION OF THE COURT We are concerned on this appeal with the rights of a shopping plaza tenant whose easement to use an area reserved for automobile parking was limited by the erection of an encroaching business structure.…
Rosenblitt v. Rosenblitt Page 48237
OPINION OF THE COURT In this matrimonial action, custody of the parties’ three minor children is being contested.…
People v. Medina Page 48238
OPINION OF THE COURT The question presented on this appeal is whether the defendants’ constitutional rights to be free from unreasonable searches and seizures (NY Const, art I, § 12; US Const, 4th Amend) were violated, thereby requiring suppression of physical evidence seized incident to their arrests as well as their…
In re Valerie Leonice T. Page 48239
OPINION OF THE COURT This child protective proceeding was commenced on June 17, 1983, pursuant to Family Court Act article 10.…
Rivera v. City of New York Page 48240
OPINION OF THE COURT On July 22,1978, plaintiff Guillermo Rivera, then age 34, fell in a hole in the sidewalk in The Bronx, striking his right knee on the pavement.…
Vargas v. American Export Lines, Inc. Page 48241
OPINION OF THE COURT The issue on the appeal is the construction to be accorded to the “Exclusiveness of liability” provisions of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 USC § 905 (a), (b), in terms of whether the fourth-party complaint states a valid cause of action for indemnity against…
*358OPINION OF THE COURT Petitioner, National Fuel Gas Distribution Corporation (hereinafter National Fuel), is a natural gas distribution company which is in the business of selling natural gas to customers in a number of States, including New York.…
Mahoney v. McGuire Page 48243
OPINION OF THE COURT The facts are not in dispute.…
Dupont v. Joedon & Co. Page 48244
OPINION OF THE COURT The issue on this appeal is the liability of defendants Joedon & Company (Joedon) and Donald Zucker, and the extent thereof, for moving and storage charges stemming from the removal by defendant The Padded Wagon, Inc. (Wagon), on January 9-11, 1979, of gym equipment owned by plaintiff, a…
In re the Claim Jarvis Page 48245
OPINION OF THE COURT Claimant, a social worker, was employed by a medical center in a temporary capacity that was scheduled to terminate on December 10, 1982.…
Hagan v. Nixon Page 48246
OPINION OF THE COURT On November 21, 1984, Catherine M.…
People v. Sellers Page 48247
OPINION OF THE COURT After a jury trial, defendant was found guilty of obtaining public assistance or care to which she was not entitled by means of a false statement or representation in violation of Social Services Law § 145.…
People v. Paluska Page 48248
OPINION OF THE COURT In January of 1983, investigators of the State Police were conducting an investigation of the trafficking of controlled substances in Chemung County.…
OPINION OF THE COURT Petitioner brings this CPLR article 78 proceeding to review two final determinations by the Commissioner of the Department of Finance denying its application for refunds of the utility taxes paid to the City of New York for the tax periods May 1, 1980 through November 30, 1981, and December 1…
OPINION OF THE COURT This case involves several closely held New York corporations established by members of the Wiederspiel family for purposes of owning and operating retail furniture stores.…
In re the Estate of Corning Page 48365
OPINION OF THE COURT Erastus Corning, II, died May 28, 1983, a resident of the City and County of Albany.…
Honeywell, Inc. v. City of New York Page 48366
OPINION OF THE COURT After public bidding in April 1973, plaintiff Honeywell, Inc., the lowest bidder, was awarded a contract to install and maintain a system of instrumentation and data logging equipment at the Rockaway, Jamaica, Bowery Bay and Tallman’s Island sewage treatment plants.…
In re Pikna Page 48367
OPINION OF THE COURT Petitioner, Departmental Disciplinary Committee for the First Department, seeks an order striking respondent’s name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b).…
Herald Co. v. Roy Page 48368
OPINION OF THE COURT In this original CPLR article 78 proceeding in the nature of prohibition, petitioner seeks judgment vacating and prohibiting enforcement of alleged oral orders of respondent William R.…
OPINION OF THE COURT Petitioner’s driver’s license and motor vehicle registration were revoked by respondent New York State Department of Motor Vehicles upon receipt of evidence that petitioner had operated or permitted operation of a motor vehicle while insurance was not in effect (Vehicle and Traffic Law § 318 [2]…
OPINION OF THE COURT This is a proceeding brought by the Multiple Sclerosis Service Organization of New York, Inc. (MSSO), a not-for-profit corpora*539tion which provides on-site services to victims of multiple sclerosis, for judicial approval of its plan to distribute its assets on dissolution.…
Koenig v. Jewish Child Care Ass'n Page 48371
OPINION OF THE COURT Jewish Child Care Association (JCCA) is a not-for-profit corporation.…
In re Stankevich Page 48372
OPINION OF THE COURT Respondent was admitted to practice by this court on June 21, 1967 under the name of George Cochran Stankevich.…
OPINION OF THE COURT The primary question to be resolved on these appeals is whether plaintiff, Fourth Ocean, was the third-party beneficiary of a demolition contract entered into between the defendant village and defendant Interstate.…
Williams v. Hospital Page 48374
OPINION OF THE COURT Plaintiffs, an infant and his father, brought this medical malpractice action alleging that due to the defendants’ obstetrical management of the labor and delivery, the infant plaintiff suffered brain damage and an injury which resulted in a palsy of his upper right extremity and hand.…
Traver v. City of Poughkeepsie Page 48375
OPINION OF THE COURT Plaintiff served as a member of the City of Poughkeepsie Fire Department for 19 years, achieving the rank of lieutenant.…
Wolf Street Supermarkets, Inc. v. McPartland Page 48376
OPINION OF THE COURT This action arises from the conduct of the defendants in picketing a supermarket owned and operated by plaintiff and in distributing handbills for the avowed purpose of inducing potential customers to boycott the store.…
OPINION OF THE COURT Petitioner, Rochester Gas and Electric Corporation, provides gas, electric and steam services to various customers in the City of Rochester area.…
*40OPINION OF THE COURT The issue before us is whether Special Term properly held that a rule of respondent New York State Public High School Athletic Association, Inc. (hereinafter respondent), was arbitrary and capricious as applied to outside soccer competition and in violation of the US Constitution, 1st, 9th and…
Maddox v. City of New York Page 48379
OPINION OF THE COURT These actions stem from an incident which occurred on June 13, 1975, when Elliot Maddox, centerfielder for the New York Yankees, slipped and fell while fielding a ball during the ninth inning of a nighttime game against the Chicago White Sox; at the time the Yankees were playing at Shea Stadium…
Zuckerberg v. Cross Page 48380
OPINION OF THE COURT Presented on this appeal is the novel question of whether a health facility, which specializes almost exclusively in an *57unorthodox and scientifically unproven treatment of cancer, can be considered a “hospital” with services subject to reimbursement pursuant to a health insurance policy issued…
In re Holland Page 48381
OPINION OF THE COURT The respondent was admitted to practice by this court on March 16, 1966.…
People v. Ventura Page 48382
OPINION OF THE COURT The Office of the Special State Prosecutor (SPO) prosecuted the instant case, upon behalf of the People.…
Under 21 v. City of New York Page 48383
OPINION OF THE COURT Three actions were brought challenging the validity of Executive Order No. 50 issued by New York City Mayor Edward I.…
OPINION OF THE COURT The instant case culminates a more than decade long dispute between the cable television (hereinafter CATV) industry and State public utilities over regulation of fees charged CATV for use of utility power poles to run CATV cables.…
Concert Radio, Inc. v. Gaf Corp. Page 48385
OPINION OF THE COURT WNCN-FM broadcasts classical music 24 hours a day.…
OPINION OF THE COURT This case raises again the issue of how “excess” insurers should contribute to the satisfaction of a claim once the primary insurance coverage has been exhausted.…
OPINION OF THE COURT The instant proceedings have their genesis in two historic, modern developments in the telecommunications industry in the United States.…
Valicenti v. Valenze Page 48388
OPINION OF THE COURT This action was brought by plaintiff against defendants as partners operating a bar in the City of Elmira and arises out of the death of Judy H.…
In re Rodney J. Page 48389
OPINION OF THE COURT On October 27, 1983, the Corporation Counsel of the City of New York, an authorized presentment agency, filed a delinquency petition in Family Court, New York County, against the 15-year-old respondent, Rodney J., alleging, upon information and belief, that, in concert with another, he committed…
Meier v. Ma-Do Bars, Inc. Page 48391
OPINION OF THE COURT This is an action for serious personal injuries sustained by plaintiff while attempting to ride a “mechanical bull” owned and operated by defendant Clean Snow Corporation.…
Trott v. Merit Department Store Page 48392
OPINION OF THE COURT It is essentially undisputed that on December 14, 1976, at approximately 9:00 p.m., defendant Bashor, a security guard employed by defendant Merit, observed plaintiff stealing property from a woman in the shopping mall.…
Brandon v. Chefetz Page 48393
OPINION OF THE COURT This action raises threshold issues as to whether the court should certify a class action and, if so, whether further discovery is necessary before such certification.…
In re Bloch Page 48394
OPINION OF THE COURT The respondent was admitted to practice by this court on October 22, 1975.…
In re Bartolotta Page 48395
OPINION OF THE COURT The respondent was admitted to practice by this court on September 7, 1977, under the name Paul Anthony Bartolotta.…
Carney v. Leary Page 48396
OPINION OF THE COURT In a felony complaint sworn to August 18, 1984, petitioner was charged with rape in the first degree, committed August 4, 1984 against Jessica YY,1 age four.…
OPINION OF THE COURT A claimant who becomes incapacitated due to a mental condition causally related to his observation of a bloody bandage on the hand of a co-worker, who injured his hand off the job site, has not sustained an industrial accident within the meaning of the Workers’ Compensation Law.…
People v. McNatt Page 48398
(dissenting). Defendant was convicted, upon his plea of guilty, of attempted criminal possession of stolen property in the first degree and was sentenced to a one-year term of imprisonment.…
Coco v. Coco Page 48399
OPINION OF THE COURT On this appeal we are called upon to decide whether Special Term erred in dismissing the plaintiff’s cause of action to void a conveyance of real property and impose a constructive trust on *22defendants’ interest in the property.…
In re Boulanger Page 48400
OPINION OF THE COURT Respondent was admitted to practice by the Appellate Division of the Supreme Court, Third Judicial Department, on October 27,1952.…
Pace v. Rebore Page 48401
OPINION OF THE COURT On this appeal we are called upon to determine whether certain allegedly defamatory statements constitute libel per se.…
People v. Roopchand Page 48402
*36OPINION OF THE COURT The core question dividing us is whether the trial prosecutor’s remarks in summation, which were patently improper and which we unequivocally condemn, entitle the defendant to a new trial.…
People v. Borcsok Page 48403
OPINION OF THE COURT On April 17, 1981, the lifeless body of David Moriarty was found half submerged in a pond located next to the Sprain Brook Parkway in Yonkers, New York.…
Coley v. Arnot Ogden Memorial Hospital Page 48404
*68OPINION OF THE COURT Plaintiff was injured during the course of her employment with defendant when a ladder on which she was standing collapsed.…
Medress v. Bond Clothes Co. Page 48405
OPINION OF THE COURT Claimant’s decedent sustained a compensable injury to his left hand on July 22,1969.…
Blake v. Blake Agency, Inc. Page 48406
OPINION OF THE COURT These appeals concern the valuation of a minority interest in the shares of a closely held corporation, where the minority shareholder has commenced a special proceeding pursuant to Business Corporation Law § 1104-a to dissolve the corporation, and the corporation has elected to buy out the…
State Division of Human Rights on Complaint of Giannavola v. Le Roy Central School District Page 48407
OPINION OF THE COURT Complainant, Angela Giannavola, applied to the Le Roy Central School District for employment as a substitute school bus driver.…
Kirisits v. State Page 48408
OPINION OF THE COURT This is a wrongful death action in which claimant, administratrix of the estate of Sheryl Kirisits, appeals from a judgment of the Court of Claims which, at the close of proof, granted the State’s motion to dismiss the claim.…
In re Wiseman Page 48409
OPINION OF THE COURT Respondent Samuel U.…
In re Bronston Page 48410
OPINION OF THE COURT Petitioner, the Departmental Disciplinary Committee for the First Department, seeks an order confirming a hearing panel’s report that the final discipline to be imposed upon respondent be a suspension, effective July 17, 1981 and terminating on September 17, 1984, a period of three years and two…
People v. McLean Page 48411
OPINION OF THE COURT The order granting the defendant’s motion to set aside the verdict of murder in the second degree, on the ground that the evidence was insufficient as a matter of law, should be affirmed.…
Murray Walter, Inc. v. Sarkisian Bros. Page 48412
OPINION OF THE COURT Plaintiff is a New York corporation engaged in the construction business.…
Eastern Milk Producers Cooperative Ass'n v. State of New York Department of Agriculture & Markets Page 48413
OPINION OF THE COURT The relevant facts in this case are undisputed.…
Merrins v. Honeoye Teachers Ass'n Page 48414
OPINION OF THE COURT Petitioners, the Superintendent and Board of Education of the Honeoye Central School District (hereinafter District), appeal from that part of an order confirming a modified arbitration award which granted monetary damages to the respondent Honeoye Teachers Association (hereinafter Association).…
In re Cohen Page 48415
OPINION OF THE COURT Respondent was admitted to practice law in this State on June 24, 1968, in the First Judicial Department.…
Nolan v. Nolan Page 48416
OPINION OF THE COURT Because of claimed cruel and inhuman treatment by defendant, plaintiff commenced this action for divorce in October of 1981.…
People v. Simon Page 48417
OPINION OF THE COURT On September 21, 1982 at about 12:15 a.m., police officers, acting pursuant to a no-knock search warrant, entered and searched the apartment of one Diana Schofield at 239 Pearl Street in the City of Rochester.…
In re Fleischer Page 48419
OPINION OF THE COURT I This appeal, as in Matter of Blake v Blake Agency (107 AD2d 139), requires us to determine whether Special Term correctly valued a minority interest in the shares of closely held corporations where the minority shareholder has commenced a special proceeding pursuant to Business Corporation Law §…
*206OPINION OF THE COURT The central issue on this appeal is whether the New York franchise tax scheme, which provides different tax treatment for commercial and savings banks (Tax Law § 1450 et seq.), violates the equal protection clause of the Constitution.…
People v. Williams Page 48421
OPINION OF THE COURT The Legal Aid Society seeks leave to reargue the prior orders of this court which granted an enlargement of time to perfect the 11 appeals involved herein to the May 1985 Term of this court with no further enlargements to be granted.…
People v. Ottomanelli Page 48422
OPINION OF THE COURT The instant appeal presents a question concerning the proper legal standard for determining if the accused was driving while intoxicated within the meaning of Vehicle and Traffic Law § 1192 (3).…
OPINION OF THE COURT These consolidated appeals are from two judgments of Special Term construing Suffolk County Tax Act (SCTA) §§ 13 and 14 *220which govern the distribution of property tax moneys between the Town of Brookhaven and the school districts located within that town.…
OPINION OF THE COURT In this CPLR article 78 proceeding the New York City Employees’ Retirement System appeals from a judgment (119 Misc 2d 1064) which annulled its determination denying petitioner military veteran’s retirement benefits because of his convictions in State and Federal courts on various fraud and…
In re Safran Page 48425
OPINION OF THE COURT Respondent was admitted to practice on December 23,1964 in the Second Judicial Department.…
In re Kleiman Page 48426
OPINION OF THE COURT Petitioner, Departmental Disciplinary Committee (DDC) for the First Judicial Department, moves for an order, pursuant to the Rules of the Appellate Division, First Department (22 NYCRR 603.4 [d]), confirming a report of a hearing panel, which includes findings of fact, conclusions of law, and a…
People v. Dupont Page 48427
OPINION OF THE COURT Defendant appeals from a judgment of Supreme Court, New York County, rendered June 16,1982, convicting him, after trial (Bentley Kassal, J., and a jury), of two counts of aggravated harassment and one count each of attempted grand larceny in the third degree, tampering with a witness, falsely…
In re Brody Page 48428
Concur — Murphy, P. J., Ross, Lynch and Milonas, JJ.
In re the Arbitration between Jacobson Page 48429
No opinion. Concur — Kupferman, J. P., Carro, Asch and Fein, JJ.
Concur — Carro, J. P., Asch, Fein and Kassal, JJ.
Morgen v. City of New York Page 48431
*502In this action based on personal injuries arising from a fall on a snowy street crossing, the cumulative effect of the trial court’s error in failing to admit critical evidence favorable to defendant city, coupled with errors in the court’s charge, mandates reversal and a new trial.…
Tolksdorf v. Langenbacher Furniture Corp. Page 48433
The defendant-appellant, prior to 1983, owned a one-half interest in the plaintiff corporation and certain affiliated companies and was a director, officer and employee thereof.…
Wolther v. Samuel Page 48434
The action was brought by the brother and two nieces of decedent to impose a constructive trust upon the assets of decedent Leon Wolther, which were alleged to be in the hands of defendants.…
Moore v. State Division of Human Rights Page 48435
Petitioner contends that respondent New York City Transit Authority terminated him from his position as a railroad clerk *508despite his voluntary treatment and counseling, at respondent’s request, for alcoholism and that this action constituted an unlawful discriminatory practice.…
Plaintiff sues under a fire policy to recover $1,282,535.79 for losses which occurred on August 12 and 18,1981.…
Moon v. Sheraton Corp. Page 48437
The plaintiffs Jacqueline Moon (Mrs. Moon) and Edward Moon (Mr. Moon) are husband and wife.…
Saunder v. Baryshnikov Page 48438
Plaintiff was a friend and employee of defendant, helping the latter to adjust to his new life after his defection from the U.S.S.R.…
People v. Cintron Page 48439
Concur — Murphy, P. J., Sandler, Ross, Carro and Fein, JJ.
People v. Leon Page 48440
*514Concur — Kupferman, J. P., Carro, Fein and Milonas, JJ.
Concur.— Kupferman, J. P., Ross, Lynch, Kassal and Rosenberger, JJ.
People v. Pinto Page 48442
Concur — Kupferman, J. P., Ross, Lynch, Kassal and Rosenberger, JJ.
Lubin v. Lindenmere Properties Inc. Page 48443
Plaintiffs are present or former tenants in a garden apartment complex known as the Maiden Queens Project (the Project), located in Kew Gardens Hills.…
Forman v. New York City Housing Authority Page 48444
Ross, J. P., and Kassal, J., dissent in a memorandum by Ross, J.…
In December of 1982, plaintiff General Foods commenced this action for $310,000 in damages resulting from the loss of 1,392 bags of coffee.…
Golfinos v. 400 Cooperative Corp. Page 48446
Plaintiff, a tenant in the building owned and operated by defendants, sues to compel the sale to him of the cooperative shares for his apartment.…
People v. Doleo Page 48448
Defendant had been sentenced by Justice Levittan on April 13,1983, on his plea of guilty of criminal possession of a weapon in the third degree, to a term of 1 to 3 years’ imprisonment “to run concurrently with the sentence the defendant has just received from Judge Sklar”.…
Briger v. Briger Page 48449
The wife has instituted this action for divorce.…
Beir v. Manufacturers Hanover Trust Co. Page 48450
Punitive or exemplary damages are allowed only “in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him, as well as others who might otherwise be so prompted, from indulging in similar conduct in the future.”…
In re the Arbitration between Teleshevsky Page 48451
No opinion. Concur — Carro, J. P., Bloom, Fein, Kassal and Ellerin, JJ.
People v. Brandt Page 48454
Concur — Kupferman, J. P., Sullivan, Asch, Kassal and Ellerin, JJ.
People v. Otero Page 48456
Application by appellant’s counsel to withdraw as counsel is granted.…
Windsor Plaza Co. v. Deutsch Page 48458
In 1973, Windsor Plaza received an alteration permit to change the windows on the first through sixth floors of its residential building at 925 Fifth Avenue, but the work was not completed due to access problems.…
Hallingby v. Hallingby Page 48459
*533The parties, married in July 1980, separated pursuant to a separation agreement, later incorporated in a 1983 judgment of divorce.…
In re the Estate of Nelson Page 48460
This is an appeal by Samuel N. Greenspoon and Helen Gioulis, as preliminary executors of the estate of Jules Nelson, deceased.…
Stern v. Krauskopf Page 48461
On review of the record, we agree that petitioner failed to exhaust her administrative remedies and, therefore, this proceeding was prematurely commenced.…
Tomlinson v. Ward Page 48462
Petitioner was appointed a corrections officer on June 1,1982, on which date his probationary period of one year commenced pursuant to Personnel Rules and Regulations 5.2.1 (a).…
People v. Grand Page 48463
*540On April 27, 1982, at 10:30 p.m., Police Officers Louis Christiansen and William Schroh, while on uniformed patrol in a marked radio patrol car, received a radio run of “robbery in progress, man with a gun” at 1784 University Avenue in The Bronx.…
People v. Davilla Page 48464
The defendant was convicted after a jury trial of promoting prostitution in the third degree and sentenced to a term of from 2 to 6 years.…
People v. Johnson Page 48465
Concur — Murphy, P. J., Carro, Bloom, Milonas and Rosenberger, JJ.
People v. Byrd Page 48466
*547Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Henry Page 48468
Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Kutscherenko Page 48469
Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Flowers Page 48471
Application by appellant’s counsel to withdraw as counsel is granted.…
Rupert v. Mallinckrodt Page 48472
In 1977 defendant Mallinckrodt and plaintiff Christian Rupert formed Christian Rupert of New York, Inc. for the purpose of marketing women’s clothes to be designed by Rupert.…
In re Marsha B. F. Page 48473
*550On this record, we agree that the failure to hold a dispositional hearing was error and requires reversal (see, Family Ct Act § 1052; Matter of Debra VV., 52 AD2d 960, 961; Matter of Debbie W., 81 AD2d 642, 643).…
Szerdahelyi v. Harris Page 48474
While I am in accord with the end result reached in the opinion of my brother Asch, I reach my conclusion by a somewhat different process of reasoning.…
In re Lake Page 48476
Concur — Murphy, P. J., Kupferman, Sandler, Sullivan and Ross, JJ.
Mandie Lynn, Inc. v. Integrity Insurance Page 48477
No opinion. Concur — Murphy, P. J., Sandler, Carro, Milonas and Ellerin, JJ.
Murphy v. Sise Page 48478
*569Concur — Murphy, P. J., Sandler, Carro and Ellerin, JJ.
People v. Gonzalez Page 48479
Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Williams Page 48480
Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Santiago Page 48481
Defendant stood trial on an indictment charging him with the intentional murder of Richard Klyvert, committed by stabbing the deceased in the chest with a knife.…
People v. Mendoza Page 48482
*571Defendant was convicted of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees.…
People v. Brooks Page 48483
The facts are basically as set forth in the dissent.…
Herman v. Malamed Page 48484
Plaintiff is a consultant involved in, among other enterprises, financing and selling limited partnership interests, as tax shelters, in motion picture productions.…
In this action to recover a brokerage commission, plaintiff Albert Bialek Associates alleges that its principal, Albert Bialek, entered into an oral agreement on behalf of a client with the defendant’s authorized representative, embracing the essential elements of a multiyear lease of defendant’s storefront property…
Grand White Realty Corp. v. Berman Page 48486
Plaintiff brought this action against defendants Berman and Warren to recover excess fees and for an accounting.…
Alvarado v. State Page 48487
After a preliminary hearing, the New York State Athletic Commission revoked for life petitioner Pedro Alvarado’s license as a boxing second and petitioner Carlos Lewis’ licenses as a boxing manager and second, and suspended indefinitely and for at least one year the boxing license of petitioner Luis Resto.…
In re the Arbitration between Greenberg Page 48488
On February 19,1980, Greenberg was struck from behind by a truck as he rode a bicycle on Seventh Avenue, thereby sustaining unspecified personal injuries.…
Plaintiff is the consignee of a shipment of goods which was transported from the manufacturer in Hong Kong to New York.…
This is an action against two law firms, and their principals, to recover damages for alleged malpractice in failing to commence timely a suit on a claim for delay damages in Virginia.…
Concur — Murphy, P. J., Kupferman, Fein and Milonas, JJ.
In re Padilla Page 48492
Concur — Murphy, P. J., Kupferman, Ross, Milonas and Kassal, JJ.
People v. Sanchez Page 48493
Concur — Sandler, J. P., Carro, Asch, Fein and Milonas, JJ.
People v. Wiley Page 48494
Ón or about April 26, 1983, the defendant was charged, in a one-count indictment, with the crime of criminal possession of a weapon in the third degree.…
People v. Gonzalez Page 48495
Defendant’s sole argument is that the loss of the untranscribed stenographic notes of the proceeding in which he pleaded guilty mandates reversal of the judgment and dismissal of the indictment.…
In re Kops Page 48497
Concur — Murphy, P. J., Kupferman, Ross, Bloom and Kassal, JJ.
People v. Blackman Page 48498
On September 1, 1981, the complainant, a gas station attendant, was ordered into a car by two persons, and during a drive of a few blocks was robbed by an unapprehended individual.…
Plaintiff terminated, as of January 31, 1979, defendant’s tenancy of a floor in its building in order to lease it to a new tenant, Knoll.…
Adrat v. Mount Sinai Hospital Page 48500
*600We have considered the other points raised and find them to be without merit.…
Formica v. D'Arrigo Page 48501
No opinion. Concur — Murphy, P. J., Kupferman, Sullivan, Kassal and Rosenberger, JJ.
People v. Nicholls Page 48502
Application by appellant’s counsel to withdraw as counsel is granted.…
People v. Carreras Page 48503
Application by appellant’s counsel to withdraw as counsel is granted.…
Arrigoni v. Velella Page 48504
In this libel action arising out of the distribution of a political flyer by defendant Velella during a 1982 New York State Assembly election campaign, plaintiffs have been granted summary judgment.…
Mazur v. Greenberg Page 48505
In 1968, four years after being admitted to the Bar, plaintiff joined the defendant firm as an associate.…
People v. Andujar Page 48506
On February 1,1983, the defendant entered a plea of guilty to robbery in the first degree in satisfaction of all charges contained in the indictment against him.…
Cappiello v. Cappiello Page 48507
The only issue before us concerns the propriety of the equitable distribution award in an action involving the breakup of a marriage which lasted only eight months and, as a practical matter, was all but ended after two months.…
Aronson v. Wiersma Page 48508
The record conclusively establishes that plaintiff does not possess a cause of action (Fields v Leeponis, 95 AD2d 822).…
Bard-Rock Corp. v. Corutky Page 48509
*612We find no indication in the record that Special Term abused its discretion in denying as moot plaintiff’s motion to preclude (CPLR 3042 [c], [e]) where the bill of particulars in question had been served during the pendency of the motion.…
Bartlett v. Evans Page 48510
We note at the outset that although plaintiff Mary Lou Bartlett is no longer the Oneida County Clerk, having been succeeded in that office by Sandra Caruso, effective January 1, *6131984, we decline to dismiss this appeal as moot due to the importance of the issues involved (see, East Meadow Community Concerts Assn.…
Citibank v. Liebowitz Page 48511
It is well settled that when a contract provides for interest to be paid at a specified rate until the principal is paid, the contract rate of interest, rather than the legal rate set forth in CPLR 5004, governs until payment of the principal or until the contract is merged in a judgment (see, e.g., O’Brien v Young…
Columbus Trust Co. v. Campolo Page 48512
Based upon a review of the record, we conclude that summary judgment should have been granted in favor of plaintiff.…
Corda v. Maimonides Medical Center Page 48513
*619The verdict was excessive to the extent indicated.…
Crescenzo v. McCabe Powers Body Co. Page 48514
In a third-party action, third-party defendant, Long Island Lighting Company (LILCO), served a demand for a verified bill of particulars on the third-party plaintiff, Cascade Corporation, on February 23,1981.…
Vito v. New York City Transit Authority Page 48515
A review of the entire record reveals that the determination is supported by substantial evidence.…
Gape v. Gape Page 48517
*622The plaintiff wife and defendant were married in 1957 and have four children, the youngest of whom was born on May 8, 1965.…
Gordon v. Gordon Page 48518
In 1959, a judgment of separation was awarded by the Supreme Court, Queens County, which, inter alia, directed James Gordon (hereinafter referred to as James) to pay $1,375 per month for the support and maintenance of Alice Gordon, his wife (hereinafter referred to as Alice), and their two children.…
Grcic v. Peninsula Hospital Center Page 48519
*626Notwithstanding the fact that plaintiffs’ amended verified complaint is broadly drafted and fails to specify the nature of the allegedly improper treatment, it cannot be deemed insufficient as a matter of law (Torres v Southside Hosp., 84 AD2d 836).…
Lenz v. Lenz Page 48520
We affirm inasmuch as defendant has not demonstrated that her interests are adverse to those of her child, or that the question of the child’s legitimacy is properly in issue at this time.…
Machiz v. Greenberg Page 48521
*627Respondents are awarded one bill of costs.…
Mahoney v. Sharma Page 48522
Absent competent medical proof of the causal connection between the alleged negligence and the death of the original plaintiff, the granting of leave to amend the complaint constituted an improvident exercise of discretion (see, Fiorentino v Cobble Hill Nursing Home, 101 AD2d 825; Ortiz v Bono, 101 AD2d 812; Smith v…
Miller v. State Page 48523
*628On our review of the record, we conclude that the award of damages made by the Court of Claims was inadequate.…
Nastasi v. Bradley Page 48524
The court erred in its charge to the jury in two important respects.…
Ocera v. Solomon Page 48525
Special Term improvidently granted plaintiffs’ motion for an accelerated trial date based on the advanced age of the defendant.…
Perelman v. Perelman Page 48526
Generally, the most effective remedy for an alleged inequity in an award of maintenance and child support pendente lite is a speedy trial, where the disputed issues as to financial capacity and standard of living can be determined (see, Fitzgibbon v Fitzgibbon, 74 AD2d 818).…
Ridgewood Savings Bank v. Houston Page 48527
There were no genuine material issues of fact presented before Special Term, and its determinations were clearly correct on the *630law.…
Shackleford v. Mills Page 48528
Special Term properly exercised its discretion in denying plaintiffs’ motion for a joint trial.…
Slovik v. Wang Page 48529
In support of their application for a default judgment, the defendants and third-party plaintiffs submitted an attorney’s affirmation.…
Trag v. Frank Page 48530
Based upon a review of the record, we conclude that the Family Court erred in dismissing the petition due to petitioner’s failure to answer interrogatories within the time period provided for.…
Tornabene v. Glorioso Page 48531
Upon examining all of the proof adduced at the trial, including the incredible testimony of plaintiff’s son that he could not photograph the dangerous condition of the steps within hours after the accident because the condition, created by an extremely prolonged period of neglect, had been remedied within those few…
Trotta v. Koch Page 48532
*632The determinative issue on this appeal is whether the trial court’s instruction to the jury concerning plaintiffs’ failure to call plaintiff Donald Trotta to the stand to testify about a conversation he had with defendant dentist was prejudicial error requiring a reversal of the judgment for defendant.…
Zerilli v. Zerilli Page 48533
In light of defendant’s lack of income or significant assets, Special Term should have granted, to the extent indicated above, those branches of her omnibus motion which sought a direction that plaintiff provide life insurance coverage and all dental and drug expenses for defendant and the infant issue of the parties…
In re Jerry D. Page 48534
The appellant’s admission was properly taken pursuant to a knowing and voluntary waiver of his rights, and appellant was fully aware that his admission might subject him to the disposition actually ordered.…
In re Eddie M. Page 48535
On November 16, 1983, at approximately 2:50 p.m., Police Officer John Goggin and his partner, while on uniform motor patrol in Brooklyn, spotted the 15-year-old appellant holding what appeared to be a gun.…
The respondent’s determination was neither arbitrary nor capricious, nor contrary to law.…
In re Rappaport Page 48537
Petitioner Lester Rappaport, together with one Kenneth Iscol, combined their individual experiences in the communications and alarm monitoring business to form Jileen Security Corp. (Jileen), whose principal business was to monitor burglar and fire alarm signals transmitted by alarm systems placed in the premises of…
Roth v. Town of Brookhaven Page 48538
*642Under the circumstances herein, Special Term was correct in dismissing appellants’ counterclaims insofar as they are asserted against petitioners (see, Ilson v Incorporated Vil.…
Summers v. Faust Page 48540
*644An order directing a judicial hearing to aid in the disposition of a motion does not affect a substantial right (see, CPLR 5701 [a] [2] [v]), and is therefore not appealable as of right (see, Perez v Perez, 100 AD2d 962; Warner v Warner, 88 AD2d 639; Sklarin v Sklarin, 86 AD2d 606; Bagdy v Progresso Foods Corp.…
In re Waxman Page 48541
*645This litigation was commenced in 1982 by the filing of a petition pursuant to Mental Hygiene Law article 77 for the appointment of a conservator over the property of petitioner Herman Waxman (proceeding No. 1) (see, Matter of Waxman, 96 AD2d 906).…
People v. Varas Page 48542
*647The record fairly reflects that the People established beyond a reasonable doubt that defendants conspired to and did practice and aid in the practice of medicine without a license, offered false instruments for filing, willfully violated the health laws and committed petit larceny.…
People v. Baynard Page 48543
On these appeals, defendant contends that his pleas of guilty should be vacated because he was not advised at the taking of the pleas that he had a “right to cross-examine the People’s witnesses”.…
People v. Brooks Page 48544
We agree with the trial court’s determination, after a Huntley hearing, that defendant’s oral admissions of guilt and a written statement made to the police were admissible in evidence.…
People v. Brown Page 48545
The defendant did not assert his objections to the adequacy of the plea allocutions in the court of first instance and therefore failed, as a matter of law, to preserve his claim for appellate review (see, People v Pellegrino, 60 NY2d 636; People v Warren, 47 NY2d 740; People v Santiago, 100 AD2d 857).…
People v. Crippen Page 48546
We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on appeal.…
People v. Dudley Page 48547
It was within the province of the jury to assess the credibility of defendant’s alibi witnesses in the face of conflicting evidence adduced by the People (People v Bigelow, 106 AD2d 448; People v Clark, 70 AD2d 683).…
People v. Edwards Page 48548
Defendant’s guilt was proven beyond a reasonable doubt and there is no reason to disturb the evaluation of credibility made *653by the jury (see, People v Gruttola, 43 NY2d 116).…
People v. Farinaro Page 48549
On May 8,1980, Sergeant Francis Sochor was on plainclothes radio motor patrol in Woodmere, Nassau County.…
People v. Fernandez Page 48550
Defendant’s challenge to the validity of his guilty plea, raised for the first time on appeal, is not preserved for appellate review as a matter of law (People v Claudio, 64 NY2d 858; People v Pellegrino, 60 NY2d 636).…
People v. Fernandez Page 48551
Criminal Term properly concluded that an independent source existed for the complainant’s in-court identification (see, United States v Wade, 388 US 218; People v Fernandez, 82 AD2d 922).…
People v. Fernandez Page 48552
*658Defendant has failed to preserve for appellate review the propriety of the trial court’s comments during the course of the trial (CPL 470.05) and, in any event, he has failed to show how the comments prejudiced him.…
People v. Fischer Page 48553
The court did not err in finding defendant’s statements to police officers to have been voluntary and they were therefore properly admitted into evidence.…
People v. Garcia Page 48554
Having reviewed the record before us, we conclude that Criminal Term’s denial of defendant’s motion to suppress physical evidence should not be disturbed on appeal.…
People v. Hamil Page 48555
*660The sentence imposed on defendant as a second felony offender is the minimum legal sentence for the crime to which he pleaded guilty (see, Penal Law § 70.06 [3] [b]; [4] [b]; § 140.30).…
People v. Harris Page 48556
The record offers no support for defendant’s arguments that his Wade and Sandoval motions were improperly denied.…
People v. Jakakas Page 48557
The arresting officer had been informed by the victim that she had been raped and robbed by the defendant at knifepoint the night before, that the defendant was asleep in the motel room where he had raped her, and that the knife which was used was either in his car or in his duffel bag.…
People v. Meli Page 48558
Mollen, P. J., Titone, Lazer and Rubin, JJ., concur.
People v. Minore Page 48559
Defendant’s conviction was based solely on the circumstantial evidence of his fingerprint found on a mirror in the burglarized premises.…
People v. Porter Page 48560
The denial of defendant’s motion to suppress his statement, “They’ll never get my prints.…
People v. Jerry R. Page 48561
*663We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised upon appeal.…
People v. Reid Page 48562
We find, based upon our review of the minutes of the hearing held pursuant to our order of June 4, 1984, that the People met their burden of establishing the unavailability of a principal prosecution witness, for medical reasons, for a period in excess of nine days (see, People v Goodman, 41 NY2d 888; People v…
People v. Reyes Page 48563
*664The evidence adduced by the prosecution, which consisted primarily of the testimony of Transit Police Officer Frank Wakely, who was the victim of the attack by defendant and his cohorts, and his partner, Officer Eduardo Martinez, was sufficient to support defendant’s conviction of assault in the second degree.…
People v. Sanchez Page 48564
Defendant was indicted for criminal possession of a weapon in the third degree under Penal Law § 265.02 (4) in that he knowingly and unlawfully possessed a loaded firearm.…
People v. Simmons Page 48565
Defendant has been convicted of manslaughter in the second degree, as a lesser included crime under the indictment, in connection with the stabbing death of his brother-in-law.…
People v. Smith Page 48566
Defendant argues that the trial court erroneously refused to charge that his half-sister, Rachel Parks, was an accomplice as a matter of law.…
The issue raised on this appeal has been rendered moot by the Parole Board’s subsequent determination to release petitioner to parole supervision.…
People ex rel. Fulmer v. Scully Page 48568
*672Respondent violated 7 NYCRR 251-5.1 by failing to commence a superintendent’s hearing within seven days of petitioner’s initial confinement to his cell.…
In re Gray Page 48569
Petitioner also moves (1) to suspend respondent from the practice of law based upon his admitted conversions of clients’ moneys in the State of New York (unrelated to the Pennsylvania proceeding); (2) to institute a disciplinary proceeding based upon said conversions and upon other acts of professional misconduct; and…
Abbott Installations, Inc. v. Schenck Page 48570
*674Defendant is a West German corporation with no place of business in this State.…
Alleyne v. Townsley Page 48571
The plaintiff landlords, Leroy and Isaline Alleyne, are the owners of a two-family dwelling located at 1538 President Street, Borough of Brooklyn, City of New York.…
Cooperstein v. Heil Page 48572
Lazer, J. P., Gibbons, Thompson and Niehoff, JJ., concur.
Daniec v. Synthes Ltd. USA Page 48573
*676After receiving treatment and undergoing surgery for a fractured arm in October 1978 at Elmhurst Hospital, operated by defendant New York City Health and Hospitals Corporation (hereinafter defendant), plaintiff made several postoperative therapy visits to the hospital’s orthopedic clinic.…
Keller v. Frank P. Eberhard Co. Page 48580
Although an order denying a motion without prejudice to renewal is appealable as of right (see, e.g., Okin v White Plains Hosp., 97 AD2d 399), the record in this case presents issues of fact warranting the denial of summary judgment at this juncture.…
Key Bank of Southeastern v. Pal Page 48581
Special Term properly granted plaintiff’s motion for summary judgment in the sum of $166,152.03.…
People ex rel. Mollo v. Mollo Page 48582
*687The parties herein were married on August 14, 1977 and divorced on June 11, 1984.…
Reichle v. Mayeri Page 48586
Treating plaintiffs’ motion to dismiss defendants’ counterclaim to recover damages for assault as a motion for summary judgment, Special Term denied the motion, citing the existence of issues of fact and questions of credibility which would require resolution by a trier of fact.…
Romain v. Schwartz Page 48587
In this strict products liability suit, plaintiff contends that a design defect in the fuel system of a 1977 Colt station wagon *695caused said vehicle to burst into flames when struck from the rear by another vehicle.…
Allen v. D'Elia Page 48590
As the State Commissioner concedes, the determination must be annulled because it was not supported by substantial evidence.…
American Security Insurance v. Austin Page 48591
Appellant failed to offer a valid excuse for his default, as required by CPLR 5015 (a) (1).…
In re Shawn C. A. Page 48592
*698The petitioner agency sustained its burden of proving by clear and convincing evidence that it exercised diligent efforts to strengthen the parent-child relationship and to reunite the family and that the mother failed to plan for the future of the child (Matter of Sheila G., 61 NY2d 368).…
Complainants made a prima facie showing that they had been discriminated against based upon their age.…
Moschella v. Romano Page 48597
*703Based upon the evidence presented before the agency, we cannot say that the denial of petitioner’s application for Emergency Assistance for Adults was arbitrary or capricious (see, Social Services Law § 303 [1] [m]; 18 NYCRR 397.5 [1] [2]).…
The determination of the New York City Conciliation and Appeals Board (CAB) has a rational basis in the record and, therefore, was properly confirmed (Matter of Korein v Conciliation & Appeals Bd., 57 NY2d 938; Fresh Meadows Assoc.…
To the extent that the billing and collection practices, etc., of Public Service Law article 2 conflict with the more general grant of authority to municipalities to establish their own methods of operation found in General Municipal Law article 14-A, the General Municipal Law provisions are impliedly revoked and the…
People v. Algerio Page 48601
Defendant’s contentions with respect to the propriety of the prosecutor’s summation have not been preserved for appellate review as a matter of law (see, CPL 470.05 [2]).…
People v. Bannerman Page 48602
Several errors combined to deny defendant a fair trial.…
People v. Chambliss Page 48603
Based upon the record at bar, we find that defendant’s statement to the police the morning after his arrest was made after he knowingly and voluntarily waived his Miranda rights.…
People v. Christmas Page 48604
*708Defendant failed to raise before Criminal Term the arguments made regarding the alleged inadequacy of the plea allocution and, therefore, they are not preserved for review as a matter of law (People v Pellegrino, 60 NY2d 636).…
People v. Fears Page 48609
Defendant’s partially exculpatory statements, made to the police before he was read his Miranda rights, were admissible in evidence and were properly not suppressed.…
People v. Felder Page 48610
*713We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised upon appeal.…
People v. Garcia Page 48612
Defendant’s challenge to the adequacy of the plea allocution was not raised before Criminal Term by either a motion to vacate the plea or a motion to set aside the judgment of conviction and, accordingly, has not been preserved for review as a matter of law (People v Pellegrino, 60 NY2d 636).…
People v. Graham Page 48613
We note that the issues raised by defendant concerning her plea of guilty were not presented to the court of first instance in a motion to withdraw the plea or by way of a motion to vacate the judgment.…
People v. Harding Page 48614
*716Defendant was convicted of robbery in the second degree and robbery in the third degree for forcibly stealing jewelry from one Rhonda Whitfield.…
People v. Hyde Page 48615
Viewing the evidence in the light most favorable to the People, as it must be at this stage (People v Malizia, 62 NY2d 755, cert denied _ US _, 105 S Ct 327), it is plain that the evidence adduced at trial established that defendant was guilty of the charges of which he was convicted.…
People v. Joseph Page 48616
*717It was not error for the Trial Judge to refuse defendant’s request to charge the lesser included offense of criminal trespass.…
People v. Perry M. Page 48618
Defendant’s claim regarding the sufficiency of the plea allocution is unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636; People v De Santis, 108 AD2d 821; People v Mattocks, 100 AD2d 944).…
People v. Macon Page 48619
Defendant was charged with murder in the second degree and manslaughter in the first degree in connection with the fatal stabbing of her paramour.…
People v. Maddy Page 48620
Defendant contends that he should be relieved of his guilty plea because the court failed to advise him that, were his case to go to trial, the People would be required to prove his guilt beyond a reasonable doubt to a unanimous jury (see, Boykin v Alabama, 395 US 238).…
People v. McGee Page 48621
Defendant argues that the verdict of guilty on the counts of criminal possession of stolen property in the second degree and grand larceny in the third degree is inconsistent with the verdict *720of not guilty on the count of burglary in the third degree.…
People v. Moore Page 48622
Defendant’s challenge to the sufficiency of the plea allocution is not preserved for appellate review, as a matter of law (see, CPL 470.05 [2]; People v Hoke, 62 NY2d 1022; People v Pellegrino, 60 NY2d 636).…
People v. Mullings Page 48623
*721The search of the van which defendant was driving, in which a revolver was discovered, was based upon probable cause incident to lawful arrests (see, United States v Ross, 456 US 798; People v Belton, 55 NY2d 49, 54-55; People v Orlando, 56 NY2d 441; People v Kreichman, 37 NY2d 693).…
People v. Payne Page 48625
The record herein contains overwhelming evidence of defendant’s guilt of the crimes of criminal sale and possession of controlled substances (i.e., Valium) in the fifth degree (see, People v Vaughn, 35 AD2d 889).…
People v. Pedreira Page 48626
*723The Grand Jury minutes reveal that the District Attorney advised the Grand Jury of the relevant law on the defense of justification.…
People v. Pelzer Page 48627
Mangano, J. P., Brown, Rubin and Lawrence, JJ., concur.
People v. Pitt Page 48628
Defendant’s claim that the stop of his automobile and the search of the interior were violative of his constitutional protec*724tions against unlawful searches and seizures is without merit.…
People v. Towles Page 48632
Defendant contends that his first felony conviction could not serve as a basis for sentencing him as a second felony offender because prior to the plea resulting in the original felony conviction he was not advised that he would thereafter be subject to enhanced punishment for a subsequent felony conviction.…
People v. Ulmer Page 48633
We note that the issue raised by defendant concerning his plea of guilty was not presented to the court of first instance by way of a motion to withdraw the plea or vacate the judgment.…
People v. Vega Page 48634
On this appeal, defendant contends that his plea of guilty should be vacated since he was not advised, at the taking of the plea, of his right to testify in his own behalf.…
People v. Vredenburg Page 48635
It was not error for Criminal Term to deny a motion for mistrial brought by defense counsel after a prosecution witness volunteered that he had been asked to take a polygraph test.…
People v. Walker Page 48636
*731Defendant and two others were charged with the murder of a store owner during an attempted robbery on September 4,1973.…
People v. Worrell Page 48638
Defendant pleaded guilty to the crime of manslaughter in the second degree, admitting that he recklessly caused the death of his infant son by beating him around the head and body.…
People ex rel. Devine v. Scully Page 48639
Petitioner is incarcerated at Green Haven Correctional Facility pursuant to a judgment of the Supreme Court, New York County (Goodman, J.), rendered September 21, 1979, which convicted him of murder in the second degree and criminal possession of a weapon in the third degree and imposed sentence.…
On December 22, 1980, Richard Harin filled out an application to receive assigned risk coverage for his previously registered automobile.…
Angulo v. Security Mutual Life Insurance Page 48643
At issue on this appeal is the applicability of Insurance Law former § 151 to two life insurance policies that were in effect for less than three years and which provided for monthly payment of premiums.…
Baumann v. Long Island Railroad Page 48645
Madeline Baumann (hereinafter plaintiff) was injured when a railroad crossing gate arm, located at the grade crossing of defendant’s tracks and the William Floyd Parkway in Shirley, broke off its hinges and fell on top of her while she was walking across the tracks.…
Calvagno v. Nationwide Mutual Fire Insurance Page 48646
*742A party may not appeal from an order entered upon his default, the proper remedy being an application to vacate the default, made to the court which issued the order (Montalvo v Key Indus., 98 AD2d 767; Boylan v Health Ins.…
Central Savannah River Area Resource Development Agency, Inc. v. White Eagle International, Inc. Page 48647
Despite the provisions of CPLR 5511, an appeal lies from the default judgment dated December 13, 1983, but review is limited to matters which were the subject of contest before Special Term (Katz v Katz, 68 AD2d 536; James v Powell, 19 NY2d 249).…
The decision and order of this court, both dated December 24, 1984, inter alia, affirmed an order of the Supreme Court, Westchester County, entered October 24, 1983, which vacated an order of attachment.…
Engstrand v. Friedman Page 48649
Defendant operated on respondent in May 1979 to remove a lesion from the area of her palate.…
Family Affair Haircutters, Inc. v. Detling Page 48650
Defendant, a licensed hairdresser, commenced employment with plaintiff at its salon in Shirley in October 1981.…
Ferrara v. Terryville Fire District Page 48651
Plaintiff William Ferrara, a volunteer fire fighter, sustained physical injuries while he was aiding respondent, a neighboring fire district, in controlling a fire on December 18, 1981.…
Fiveson v. Kondenar Page 48652
The special verdict in this motor vehicle negligence action was $20,000 for pain and suffering and $80,000 for loss of earnings.…
Helfand v. Cohen Page 48653
The subject of this action is an undeveloped parcel of real property owned by the defendant Five Star Realty Corporation, a close corporation of which plaintiff is the president and a 20% shareholder.…
Hendrey v. Hendrey Page 48654
*754The parties were married on June 25, 1965, in Marakesh, Morocco.…
Upon a prior appeal on the instant matter, we affirmed Special Term’s determination that defendants were required to pay for the installation of a traffic light on a county road at the intersection of Shelter Rock Road and Acorn Ponds Drive in the plaintiff village (Incorporated Vil.…
Lipow v. Lipow Page 48656
In order to obtain a reduction or elimination of the support and other financial provisions of the divorce judgment, the plaintiff had the burden of showing a substantial change in circumstances (see, Patell v Patell, 91 AD2d 1028; Domestic Relations Law § 236 [B] [9] [b]; Hickland v Hickland, 56 AD2d 978).…
Lugardo v. Folkes Page 48657
*757Special Term did not improvidently exercise its discretion in refusing to open the plaintiffs’ default in serving a verified bill of particulars within 60 days after service upon them of a copy of the conditional preclusion order (Schicchi v Green Constr.…
Plaintiff was injured in 1981 while operating a machine manufactured by defendant Branick Mfg.…
Pavone v. Barclay Page 48659
*759On May 15, 1979, petitioner Robert Pavone was duly appointed to the position of part-time policeman for the Town of Cortlandt in Westchester County in accordance with the Laws of 1936 (ch 104, § 18, as amended by L 1959, ch 175).…
Petraglia v. Petraglia Page 48660
The record before us does not establish that petitioner has undergone a change in circumstances which would warrant or permit the modification he seeks.…
Remetich v. Remetich Page 48661
*761Plaintiff failed to timely exercise her option to purchase defendant’s interest in the marital residence in the clear and explicit manner stated in the separation agreement; to wit, by certified mail on or before a stated date.…
Shayne v. Julien Page 48662
In the instant complaint, plaintiff alleged, inter alia, that (1) he retained the defendants to represent him in a Federal antitrust action against the National Hockey League, (2) in 1980 a judgment was rendered against him, on the merits, in the Federal antitrust action and (3) but for the legal malpractice of the…
Timmons v. Hecker Page 48663
*763Trial Term correctly denied the motion by plaintiff’s counsel to strike the testimony of the pathologist and toxicologist based on defendant’s failure to disclose the names of those witnesses during discovery.…
Tsakis v. Tsakis Page 48664
The trial court’s determination that defendant had engaged in cruel and inhuman treatment of plaintiff is not supported by the *764record.…
City of Rye v. Kulig Page 48665
Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.
In this proceeding, petitioner seeks to review a determination of the Zoning Board of Appeals of the Town of Huntington (Zoning Board), rendered May 13,1982, granting an application by James Longhitano for a width variance to enable him to erect a single-family dwelling on the parcel in question, which is *765known as…
*768By resolution adopted on September 29, 1982, the planning board granted site plan approval to appellant EFS permitting, inter alia, the construction of one 30-unit motel structure and one 20-unit motel structure on premises owned by it.…
Petermichl v. Dominguez Page 48668
Special Term’s determination that petitioner waived her right to a disciplinary hearing is supported by the evidence submitted and no hearing on this issue was warranted.…
In re Nelson R. Page 48669
*770There is no authority, either statutory or otherwise, which would sanction the dismissal of a juvenile delinquency proceeding solely upon the basis that the parents of a witness did not attend court when their child was scheduled to testify.…
Petitioner urges us not to apply the four-month Statute of Limitations period to this proceeding because he claims that such an application would violate the strong public policy against unfair bidding practices for public contracts.…
Schiffman v. Zuckerman Page 48671
Pursuant to a provision in a stockholders’ agreement mandating that disputes under the agreement be submitted to arbitration, appellants demanded arbitration of their claim that petitioner, the executrix of the estate of one of the stockholders, improperly refused to sell decedent’s shares to them.…
Titus v. Shaffer Page 48672
Petitioner’s conviction for petit larceny and his false answer to question 18 on his renewal application supported the determination to revoke petitioner’s license (see, Matter of Pell v Board of Educ., 34 NY2d 222).…
People v. Adams Page 48673
*773A review of the record discloses that a rational fact finder could readily have found defendant guilty beyond a reasonable doubt of all crimes charged (Jackson v Virginia, 443 US 307, 319).…
People v. Armstrong Page 48674
On the record before us, we find, contrary to the determination of the hearing court, that there was probable cause for the defendant’s arrest and that the subsequent showup identification should have been admitted (People v Miner, 42 NY2d 937; People v Santana, 106 AD2d 523).…
People v. Arteaga Page 48675
Titone, J. P., Bracken, Rubin and Lawrence, JJ., concur.
People v. Bancroft Page 48676
*774After several delays, caused by defendant’s request for a new attorney and his allegations of physical illness, defendant expressed his wish to withdraw his plea of not guilty and to enter a plea of guilty to the top count of the indictment.…
People v. Barbour Page 48677
*775We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on appeal.…
People v. Bold Page 48678
Evidence of a prior photographic identification of a defendant is legally sufficient evidence to support an indictment (People v Brewster, 63 NY2d 419; CPL 190.65 [1]).…
People v. Castro Page 48679
Defendant’s challenge to the admissibility of the arresting officer’s testimony reciting the chronology of events leading to defendant’s arrest and subsequent identification by the complainants has not been preserved for appellate review (see, People v Martin, 50 NY2d 1029, 1031; People v Jones, 81 AD2d 22, 29).…
People v. Davidson Page 48680
The hearing court properly denied the branch of defendant’s motion which was to suppress evidence inasmuch as the police had probable cause to stop the van in which defendant was riding and to arrest him.…
People v. Davis Page 48681
Having failed to raise any objection to the adequacy of the plea allocution in the court of first instance, defendant has failed to preserve the issue for appellate review as a matter of law (People v Pellegrino, 60 NY2d 636).…
People v. Dawkins Page 48682
We find that the trial court properly exercised its discretion in ruling upon defendant’s Sandoval motion.…
People v. Dupree Page 48683
The defendant was arrested by two undercover police officers when he pulled out a loaded handgun as he approached the corner of Fifth Avenue and St. John’s Place in Brooklyn while the officers were exiting their car.…
People v. Grady Page 48685
On January 5, 1984, defendant pleaded guilty to manslaughter in the first degree and attempted assault in the second degree in full satisfaction of two indictments charging him with murder in the second degree (two counts), assault in the second degree and assault in the third degree (two counts).…
People v. Halpern Page 48686
Defendant was charged in a two-count indictment with grand larceny in the second degree and falsifying business records in the first degree, arising out of his alleged conspiracy with a nursing home supplier to steal money from the nursing home while he was employed by the home in a managerial capacity.…
People v. Hoff Page 48687
Although the crimes for which defendant was indicted in 1979 actually occurred in 1954, the County Court properly held that defendant had not been deprived of due process.…
People v. Jackson Page 48688
Contrary to defendant’s contentions on appeal, the evidence, when viewed in the light most favorable to the prosecutor, supports the guilty verdict (see, People v Contes, 60 NY2d 620).…
People v. Johnson Page 48689
We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on appeal.…
People v. Marrero Page 48690
Defendant was arrested on January 14, 1983, after he allegedly sold a quantity of cocaine to an undercover police officer for $10 during a “buy and bust” operation.…
People v. Medina Page 48691
On the night of September 27, 1982, two police officers were patrolling the area of Vasquez Memorial Park in Suffolk County.…
People v. Riddick Page 48692
*788Police Officer Didonato was on motor patrol in his squad car with a partner when they received a radio report of a robbery by two black males armed with a knife, one wearing white pants and the other a blue shirt, last seen running down 31st Street.…
People v. Santana Page 48693
At the sentencing proceeding, defendant moved to withdraw his guilty plea, asserting that his drug abuse rendered him unable to form a criminal intent at the time of the homicide.…
People v. Shelton Page 48694
*790Defendant’s claims regarding the sufficiency of the plea allocution are unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636; People v Mattocks, 100 AD2d 944).…
People v. Simpkins Page 48695
Defendant was originally charged, under two distinct indictments, with the robberies of two separate complainants.…
People v. Talley Page 48696
*793With respect to the crimes charged under indictment No. 53411, upon which defendant went to trial, it was established that someone entered the complainant’s home at night and once inside searched for valuables.…
People v. Theodore Page 48697
Defendant’s claims concerning the alleged inadequacy of his plea allocutions were not raised before Criminal Term and, therefore, they are not preserved for appellate review (People v Pellegrino, 60 NY2d 636).…
People v. Torres Page 48698
Angel Torres, the defendant, was accused by a Westchester County Grand Jury of committing the crimes of burglary in the third degree and grand larceny in the third degree.…
People v. Trent Page 48699
*797Application by defendant for a stay of execution of his sentence pending appeal denied as moot in light of the determination herein of the appeal.…
People v. Varnum Page 48700
We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal.…
People v. Washington Page 48701
The People proved beyond a reasonable doubt that defendant knowingly possessed 32 pairs of jeans removed from complainant’s warehouse in Freeport, Long Island.…
People v. Williams Page 48702
While waiting at the platform for his train, complainant and defendant Smith became involved in an argument when Smith bumped into him.…
Freidus v. Eisenberg Page 48704
Lazer, J. P., Bracken, O’Connor and Brown, JJ., concur.
In re Jennifer G. Page 48705
By order dated November 5, 1984, we reversed an order entered by the Family Court, Kings County, which, inter alia, *802directed the petitioner to return the children to their mother (Matter of Jennifer G., 105 AD2d 701).…
Abenante v. Balsamo Page 48706
*803Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.
Berman v. Federal Insurance Page 48707
On the motion for partial summary judgment, it was incumbent upon defendants to lay bare their proof and thereby show the existence of triable issues of fact (Zuckerman v City of New York, 49 NY2d 557; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065).…
Albert C. v. Joan C. Page 48708
*804What is at stake in the underlying action is the paternity of a 17-year-old child.…
In light of a prior determination granting the plaintiff leave to interpose an amended bill of particulars alleging, for the first *805time, augmented injuries with an apparent psychological or psychiatric component, the defendants should have been granted a brief additional period of time within which to conduct a…
Cimino v. Town of Hempstead Page 48710
On August 5, 1979, plaintiff Robert Cimino suffered severe injuries when he was struck from behind by a large wave while he was exiting the water at the defendant Town of Hempstead’s Malibu Beach.…
Cserhalmi v. County of Nassau Page 48711
Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.
Carlo v. Carlo Page 48712
Plaintiff moved to enforce a certain provision of a divorce decree, by order to show cause dated November 24,1981, which required service of a copy of said order to show cause and supporting papers to be made upon the defendant board at Two World Trade Center, New York, by certified mail, return receipt requested, on…
Dodd v. Warren Page 48713
On March 31, 1982, the plaintiffs, husband and wife, were struck by a vehicle driven by defendant Jeffrey Warren as they attempted to cross Hempstead Turnpike on foot.…
Dornbusch v. Dornbusch Page 48714
*809The trial court erred in granting custody of the parties’ four children to defendant.…
Fricano v. Fricano Page 48715
*810In the instant case, plaintiff, the former husband of defendant, in effect seeks to set aside, as fraudulent, a deed allegedly conveying his interest in the former marital premises, which had been jointly owned by the parties, to defendant only.…
Gonzalez v. State Page 48716
The present claim was instituted by service of a summons and amended verified complaint on or about February 19, 1982, wherein claimant alleged as against defendant State of New York that his involuntary confinement at the State-owned and operated Kingsboro Hospital Psychiatric Center (Kingsboro) from March 14, 1981…
Goodfriend v. Pekofsky Page 48717
*815Special Term properly issued a preliminary injunction restraining the defendants from performing real estate broker functions without a license (Real Property Law §§ 440, 440-a, 442-e).…
Greer v. Ferrizz Page 48718
The case involves the fatal injury to plaintiff’s decedent by defendant Francis Ferrizz, who was driving home from work on Sunday morning December 16, 1979.…
Plaintiff cannot successfully urge, on the record herein, that Special Term’s findings were contrary to the weight of the evidence.…
Hesselbarth v. Paredes Page 48720
*819Appellant’s motion to dismiss was based on respondents’ failure to comply with a conditional order of preclusion dated December 1, 1981.…
Heymann v. Morrison Page 48721
It cannot be said that the verdict was not based upon a fair interpretation of the evidence which presented a sharp issue of fact.…
Hildenbiddle v. Hildenbiddle Page 48722
*820On the record before us, given the respective circumstances of the parties, the pendente lite award of maintenance and child support was not excessive (see, Milward v Milward, 102 AD2d 816; Belfiglio v Belfiglio, 99 AD2d 462; Rossman v Rossman, 91 AD2d 1036; Jorgensen v Jorgensen, 86 AD2d 861; cf.…
Inc. Village of Ocean Beach v. Stein Page 48723
*821At issue on these appeals is the validity of an agreement, dated August 19,1978, between plaintiff and defendants Ocean Beach Cafe, Inc., and Robert Stein, in which these defendants agreed to waive their right to have dancing in certain premises leased by defendant Stein and in which he intended to open a…
Jacobs v. Guardian Life Insurance of America Page 48724
By order of Justice Beatrice Burstein, dated May 2, 1983, plaintiff was directed to replead his fifth cause of action, and, inter alia, his sixth cause of action was dismissed outright.…
Johnson v. Michelin Tire Corp. Page 48725
This action arises from an automobile accident that occurred on the Belt Parkway in Brooklyn on February 16, 1981, when a car driven by plaintiff Kevin Johnson mounted a median divider and struck an oncoming vehicle.…
Long v. Elmhurst Milk & Cream Co. Page 48726
We agree with Trial Term that the record does not warrant the drastic relief of striking the answers of the respondents.…
Lowe v. City of New York Page 48727
Plaintiff, Edward Joseph Lowe, Jr., was injured at premises owned by the New York Public Library (library) when he fell on a broken bottle in the backyard area.…
*827In 1966, Nellie C. McCory purchased a 27-room house on 2.7 acres of land in the Incorporated Village of Old Westbury.…
Philson v. Philson Page 48729
The parties entered into a separation agreement on February 12, 1976, which was incorporated but not merged in a subsequent judgment of divorce.…
Rago v. Nationwide Insurance Page 48730
The third-party complaints state valid causes of action for indemnification and contribution.…
Ross v. Keon Page 48731
No procedural error occurred in treating the aforenoted branch of plaintiffs’ cross motion as one for summary judgment.…
Senior v. Manufacturers Hanover Trust Co. Page 48732
Special Term properly vacated the discovery demands as overbroad.…
Sherman v. Pollack Page 48733
*834It is undisputed that defendant was not the physician who treated plaintiff Karen Sherman on April 16, 1979, the date upon which the acts occurred which allegedly constitute the basis for the malpractice claim.…
Tagliamonti v. Axelrod Page 48734
Petitioner conceded that the determination that he did not adequately carry out his responsibilities as laboratory director was supported by substantial evidence.…
Yanello v. Radiological Health Service Page 48735
Plaintiff Rose Yanello’s claim with respect to the actions of defendants on May 21,1980 is barred by the applicable Statute of Limitations (CPLR 214-a) unless the alleged continuous treatment of said plaintiff by her gynecologist can be imputed to *835defendants, to whom plaintiff was referred for a mammogram.…
Brown v. Scully Page 48736
On this appeal, petitioner contends that he was deprived of his right to call witnesses at his disciplinary proceeding.…
Davidson v. Scully Page 48737
Petitioner brought this proceeding complaining that the practice at Green Haven Correctional Facility of requiring inmates to “operate and close their [own] cell doors” was dangerous and that he was threatened with punishment if he refused to comply with this practice.…
In re the State of De Francesco Page 48738
Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.
Duffy v. Schneier Page 48739
*837While respondent Davison may have the right to a judicial in camera inspection of the documents sought, we do not believe that the interest of expediting the trial permits the adoption of a procedure that bypasses CPL article 610.…
On September 8, 1974, the Town Board of the Town of Wappinger adopted a resolution directing the town assessor to complete an assessment roll for an entity known as the Wappinger Sewer Improvement Area No. 1, and established standards for assessing the property within the improvement area.…
Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.
We affirm the hearing court’s determination that petitioner James Hayden’s resignation was the product of coercion and duress for the reasons stated by Justice Winick in his memorandum decision dated June 30, 1983.…
Under the circumstances at bar, Special Term did not abuse its discretion when it denied appellants’ motion for a protective order pursuant to CPLR 3103 (a) and allowed respondents in matter No. 2 to examine the members of the Village Board of Trustees and Planning Commission of the Village of Pleasant-ville.…
Santucci v. Rotker Page 48744
Petitioner, the District Attorney of Queens County, seeks to vacate an order of Supreme Court Justice Seymour Rotker.…
WVC Realty Corp. v. County of Dutchess Page 48745
*843Mangano, J. P., Gibbons, Brown and Lawrence, JJ., con- cur.
People v. Alvereze Page 48746
Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.
People v. Beddoe Page 48747
During the early morning hours of September 21, 1980, the complainant was raped and sodomized in the bedroom of her home by an intruder whom she recognized to be defendant.…
People v. Borg Page 48748
The hearing court properly determined that defendant and his wife had voluntarily consented to the searches (see, People v Gonzalez, 39 NY2d 122) and that defendant’s statement to Investigator McKnight after defendant had invoked his right to counsel was admissible as a spontaneous statement (see, People v Rogers, 48…
People v. Brockington Page 48749
The People have proved defendant’s guilt beyond a reasonable doubt.…
People v. Camacho Page 48750
*845Defendant contends that it was error not to suppress the complaining witness’s in-court identification of him since there was no sufficient independent basis for it.…
People v. Campan Page 48751
Defendant involved himself in an altercation with the manager of a gas station during the course of which he allegedly stabbed the manager with a knife.…
People v. Cristallo Page 48752
The issues raised by defendant concerning his plea of guilty were not presented to the court of first instance by way of motion to withdraw the plea or vacate the judgment.…
People v. Dickerson Page 48753
Criminal Term did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea (CPL 220.60 [3]).…
People v. Dorsey Page 48754
Defendant’s guilt was proven beyond a reasonable doubt (see, People v Contes, 60 NY2d 620).…
People v. Ford Page 48755
On this appeal defendant contends that the denial of that branch of his motion which sought suppression of certain identification testimony was improper.…
People v. Gallina Page 48756
*848The principal issue defendant raises on this appeal is whether a photograph of him taken during a previous arrest that had resulted in a youthful offender adjudication may be placed in police investigation files of photographs that are viewed by crime victims to identify potential suspects.…
People v. Griffin Page 48757
Defendant forfeited his right to challenge the adverse Sandoval ruling by his plea of guilty (People v Claudio, 64 NY2d 858; People v Zangrillo, 105 AD2d 822; People v Gilliam, 65 AD2d 533).…
People v. Gutierrez Page 48758
*851The aforesaid modification is warranted in the interest of justice.…
People v. Harris Page 48759
We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on appeal.…
People v. Herriot Page 48760
During the afternoon of August 25, 1980, the complainants were forced by three men into a numbers parlor on College Point Boulevard and robbed at gunpoint.…
People v. Ingram Page 48761
Defendant contends that his motion for a mistrial was improperly denied.…
People v. Jackson Page 48762
It cannot be concluded, on the basis of the record, that defendant was not provided “meaningful representation” (People v Baldi, 54 NY2d 137, 147).…
People v. Jasper Page 48763
*854No opinion. Mollen, P. J., Thompson, Bracken and Rubin, JJ., concur.
People v. Johnson Page 48764
On January 16, 1979, at about 6:00 p.m., complainant opened the lobby door of her apartment building for a man, whom she identified at trial as the defendant.…
People v. Jordan Page 48765
Since defendant never challenged during the suppression hearing the propriety of his waiver of the Miranda rights with respect to the first statement made to Detective McGuiness, that issue has not been preserved for appellate review as a matter of law (People v Tutt, 38 NY2d 1011; People v Harris, 79 AD2d 615).…
People v. Kelly Page 48766
On review of the record and the extensive procedural history of this case, we agree with Criminal Term that under CPL 440.10 (2) (a), (c), defendant’s motion to vacate the judgment must be denied.…
People v. King Page 48767
*857Under the circumstances of this case, Criminal Term did not err in denying defendant’s motion to withdraw his guilty pleas without conducting an evidentiary hearing (see, People v Frederick, 45 NY2d 520, 524-525; People v Tinsley, 35 NY2d 926, 927).…
People v. Miller Page 48768
Having voluntarily, knowingly, and intelligently pleaded guilty in 1972 to the predicate felony, the defendant was correctly adjudicated a second felony offender on this conviction (see, People v Harris, 61 NY2d 9).…
People v. Nance Page 48769
The trial court honored the promises it had made by offering the defendant the opportunity to withdraw his plea (People v Selikoff, 35 NY2d 227, 235, 238, cert denied 419 US 1122).…
People v. Nathan Page 48770
Defendant is not entitled to a mistrial predicated upon his own contumacious behavior (see, Estelle v Williams, 425 US 501, 505, n 2; Illinois v Allen, 397 US 337; United States v Bentvena, 319 F2d 916, cert denied sub nom.…
People v. Nelson Page 48771
Contrary to defendant’s contentions, the evidence was legally sufficient to sustain all the charges in the indictment as well as to support the consequent conviction.…
People v. Norman Page 48772
The record adequately supports the determination made after a WadelMapp hearing denying that branch of defendant’s pretrial motion which sought suppression of complainant’s in-court identification of defendant, based upon a sufficient independent basis to identify defendant (see, People v Pleasant, 54 NY2d 972; United…
People v. Ramos Page 48773
Even if it was error for the court not to have charged the jury on criminal trespass in the third degree as a lesser included offense of burglary in the second degree or burglary in the third degree, as requested by counsel, the error was harmless under the circumstances, since the jury was instructed as to criminal…
People v. Tyson Page 48774
Defendant challenges his conviction for attempted arson in the second degree.…
*861In January 1981, plaintiff and defendant entered into a written agreement whereby plaintiff undertook and agreed, inter alia, to install and maintain an alarm system in defendant’s premises.…
Preliminarily, it must be noted that the motion which the order appealed from determined was labeled as one “to reargue” a prior motion to vacate a default judgment entered against defendant Lucille Zito upon her default in appearing.…
Batchie v. Travelers Insurance Page 48777
A notice pursuant to CPLR 3111 to produce materials at an examination before trial need not contain the specificity of identity required for the discovery and inspection of materials sought pursuant to CPLR 3120 (see, Weiss v Rae, 87 AD2d 629; Melnick v Melnick, 85 AD2d 531; Orange & Rockland Utilities v Town of…
Beece v. Guardian Life Insurance of America Page 48778
Patrick Beece, the deceased, was employed as an account supervisor and vice-president by the Geer Dubois Agency.…
Bingham v. Ryder Truck Rental, Inc. Page 48779
Following an accident in December 1979 in Queens County, plaintiffs Belinda and Charles Bingham and Allegra Warren attempted service on the nonresident operator defendant Wayne Peredoe pursuant to Vehicle and Traffic Law § 253.…
Caramanica v. State Farm Fire & Casualty Co. Page 48780
Special Term erred in holding that appellant’s moving papers were insufficient to grant its cross motion for summary judgment.…
Coley v. Michelin Tire Corp. Page 48781
Mollen, P. J., Titone, Thompson and Lawrence, JJ., concur.
Coniglio v. Berg Page 48782
Mollen, P. J., Titone, Thompson and Lawrence, JJ., concur.
Creary v. Village of Mamaroneck Page 48783
Special Term erred in summarily dismissing so much of plaintiff’s complaint as sought to recover damages for malicious prosecution.…
Crow-Crimmins-Wolff v. County of Westchester Page 48784
Under chapter 840 of the Laws of 1983, the Legislature established a system whereby a former Judge may be designated as a judicial hearing officer to serve as a referee with respect to various judicial proceedings (see, Judiciary Law § 850 et seq.; Rules of the Chief Administrator of the Courts, 22 NYCRR part 122).…
Cuevas v. Cuevas Page 48785
*874On December 18, 1971, Thomas Cuevas, the plaintiff, and Gloria Cuevas, the defendant, were married, having previously lived together since 1960 or 1961.…
*881This is an action brought to enjoin the defendant from evicting plaintiff from certain premises.…
Goldstein v. Harder Services, Inc. Page 48787
Titone, J. P., Lazer, Thompson and Rubin, JJ., concur.
Harris v. Triangle Aviation Services, Inc. Page 48788
*883Plaintiff submitted deposition testimony, elicited in May 1979 in an unrelated proceeding, in which the deponent identified himself as vice-president of Triangle Aviation Services, Inc. This testimony flatly contradicted defendants’ contentions that Triangle Aviation Services, Inc., existed no earlier than 1981 or…
Hoenstein v. Negev Airbase Constructors Page 48789
In this action under a written employment agreement, defendant moved to dismiss the complaint based on documentary evidence and for failure to state a cause of action.…
Korfman v. Parkway Village Associates Page 48791
The male plaintiff, a fire fighter employed by the Fire Department of the City of New York, was injured when, in the course of fighting a fire in a garden apartment owned and operated by defendants, the floor beneath him collapsed and he fell into the fire below.…
Merl v. Merl Page 48792
In Matter of Boden v Boden (42 NY2d 210, 213), the Court of Appeals stated “the courts have the power to modify the provisions pertaining to child support in a separation agreement” in a situation where there has been an unreasonable and unanticipated change in circumstances.…
Minetto v. Maragliano Page 48793
Under the circumstances, it was a proper exercise of discretion for Special Term to conclude that the delay in service of the reply to the counterclaim was excusable and that the reply was meritorious (see, CPLR 2005; Sanders & Assoc.…
Nadal v. State Page 48794
*891On October 29, 1982, four inmates from the Otisville prison facility were assigned to work under the supervision of a corrections officer in a park near a residential community.…
Nosalski v. Ratto Page 48795
Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.
Notar Services Corp. v. Dalmazio Page 48796
*893The parties entered into an agreement whereby plaintiffs were to raise equity to enable respondent Dalmazio, a developer, to complete the rehabilitation of certain real estate.…
Ragnetti v. State Division of Human Rights Page 48798
After over 10 years of employment with TLB’s predecessor company and over two years with TLB, the petitioner was discharged.…
Salwen Paper Co. v. Lynch Page 48799
*896Discovery had not been completed since plaintiff had not answered defendant’s interrogatories or complied with its notice to produce.…
Vicat v. Jamaica Hospital Page 48800
*897Items Nos. 4 and 5 of the respondent’s demand for a bill of particulars seeks information relating to the giving by plaintiff to respondent of any notice required in this matter.…
The division’s finding of no probable cause “cannot be considered to have been devoid of a rational basis, the touchstone of arbitrary and capricious agency action” (State Off.…
*898In September of 1983, a Yonkers High School student died while participating in the district interscholastic football program.…
In re Shawniece E. Page 48803
The evidence presented at the hearing established that the injury sustained by the approximately nine-month-old infant Shawniece E.…
People v. Bell Page 48805
The plea minutes clearly reveal that defendant understood that if he failed to appear in court on the scheduled sentencing date, the court would not be bound by the promise made as to sentence as part of the plea agreement, that he would receive enhanced sentences, and that he would not be permitted to withdraw his…
People v. Brown Page 48806
*903At the time of sentencing under indictment No. 5783/81, defendant requested an adjournment to allow him to see his mother.…
People v. Centore Page 48807
Pursuant to Westchester County indictments Nos. 81-00349 and 81-00352, defendant was charged, along with certain other named individuals, with having conspired to make, and having made, usurious loans to John Balacky and Jimmy Byrne.…
People v. Coaye Page 48808
The evidence in the record before us was sufficient for the jury to conclude, beyond a reasonable doubt, that the defendant knew that he was shooting at police officers and, therefore, had committed the crime of attempted murder in the first degree.…
People v. Cruz Page 48809
Defendant’s contention to the contrary notwithstanding, the hearing court did not err in determining that suppression of the items which the police officer seized from his automobile was not warranted (People v Prochilo, 41 NY2d 759).…
People v. Dix Page 48810
*906Although much of the evidence was circumstantial, it was sufficient to establish beyond a reasonable doubt that defendant, on two separate occasions, knowingly possessed stolen property.…
People v. Feldmann Page 48811
Defendant contends that the admission into evidence of his hospital records, which included a blood alcohol test indicating that he was intoxicated at the time his car crossed the median on Route 110 and crashed into the victim’s car, was erroneous and in violation of his physician-patient privilege.…
People v. Francis Page 48812
*907The trial court instructed the jury with respect to alibi testimony that such evidence “should be most carefully scrutinized” and went further to state that defendant was “not required to prove an alibi beyond a reasonable doubt” but the jury must be satisfied that when he gave that testimony he was telling the…
People v. Brian T. G. Page 48813
*908By voluntarily and knowingly pleading guilty, upon the advice of counsel, defendant has waived the claim that he was denied his statutory right to a speedy trial pursuant to CPL 30.30 (People v O’Brien, 56 NY2d 1009; People v Suarez, 55 NY2d 940; People v Friscia, 51 NY2d 845); that the evidence before the Grand…
People v. Gonzalez Page 48815
By failing to move to withdraw the plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, defendant has not preserved for appellate review any alleged insufficiency in the plea allocution (see, People v Pellegrino, 60 NY2d 636; People v Lowry, 107 AD2d 716; People v Mattocks, 100…
People v. Hooks Page 48816
Despite the fact that a review of the record demonstrates that the evidence was sufficient to sustain the conviction in this case, reversal is mandated because of the substantial probability that various errors influenced the jury’s verdict.…
People v. Alton J. Page 48817
The trial court properly precluded cross-examination of Detective Rose as to a collateral matter (see, People v Thomas, 46 NY2d 100).…
People v. Lee Page 48819
At the conclusion of the trial, the jury was instructed, inter alia, that, “[n]ow, the defendant in this case has presented what is commonly known as an alibi defense.…
People v. Mas Page 48820
*916Defendant’s confession, made after his companion made a statement implicating defendant in a prior robbery, was so attenuated as to dissipate any taint which might have resulted from his arrest (see, Brown v Illinois, 422 US 590; People v Calhoun, 78 AD2d 658).…
People v. Robles Page 48821
The objected to testimony of the police officer, that he had participated in 35 or 40 drug arrests in the area where defendant was arrested, as well as testimony with respect to the pattern of a typical drug sale, was brought out to demonstrate the officer’s background.…
People v. Selg Page 48822
The decision to grant or deny a youthful offender application is a discretionary one (see, People v Parris, 109 AD2d 853), and here there was no abuse of discretion in denying defendant’s application for that relief.…
People v. Sykes Page 48823
The underlying predicates for defendant’s sentence as a persistent violent felony offender (Penal Law § 70.08) were his conviction in 1976 of two felonies, the underlying offenses to both convictions having been committed before sentence under either one.…
People ex rel. Galloway v. Walters Page 48824
Titone, J. P., Lazer, Thompson and Eiber, JJ., concur.
People ex rel. Harden v. Scully Page 48825
Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.
People ex rel. Reyes v. Warden Page 48826
Mollen, P. J., Titone, Thompson and Lawrence, JJ., concur.
People ex rel. McCrory v. Coughlin Page 48828
Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
Kane, J. P., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.
In re Gallow Page 48830
The petition contains eight charges of professional misconduct with multiple specifications delineated under several of the charges.…
Bottone v. New York Telephone Co. Page 48831
During working hours on June 5, 1979, plaintiff Salvatore Bottone, Jr., an employee of General Electric (GE) at its plant in the City of Schenectady, fell while cautiously attempting to walk down a debris-littered stairway from the sixth floor to the fifth floor of building No. 56.…
People v. Crispell Page 48832
As a result of an arrest made by the Dutchess County Sheriff’s Department at about midnight on December 14, 1982, the Ulster County Sheriff’s Department was alerted to the fact that defendant, who was allegedly engaged in the sale of marihuana, might have a substantial quantity of marihuana stored at his residence in…
Knapek v. MV Southwest Cape Page 48833
The instant action is for personal injuries sustained by plaintiff Richard Knapek (hereinafter plaintiff) in a boating accident on the Hudson River near the Village of Coxsackie, Greene County, on May 27, 1978.…
Duke v. Duke Page 48834
*931An order of Family Court dated November 8, 1979, as modified by order dated June 26,1980, directed that respondent pay petitioner $75 per week, to be apportioned as $50 for child support and $25 for alimony.…
*933On January 18, 1984, respondent decided to accept the resignation of the then superintendent of schools.…
Kick v. Regan Page 48836
The Department of Motor Vehicles (DMV), having decided that each operator’s license would bear the photograph of the licensee, issued a request for proposal (RFP) for a photographic driver’s license central issuance system.…
People v. Culver Page 48837
We have withheld decision in this matter on two previous occasions because of an inadequate record which prevented our review of the correctness of County Court’s Sandoval ruling (106 AD2d 680; 102 AD2d 924).…
People v. Mosley Page 48838
On November 29,1981 at about 9:30 p.m., Agnes F.…
De Foe Corp. v. Larocca Page 48857
Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ.
Defendants contend that Special Term erred in consolidating the negligence actions by different plaintiffs seeking to recover for injuries sustained in two separate football games.…
Gill v. Coughlin Page 48861
Mahoney, P. J., Casey, Mikoll, Levine and Harvey, JJ., concur.
In re the Application of Smith Page 48862
*969Mahoney, P.J., Kane, Casey, Mikoll and Yesawich, Jr., JJ., concur.
People v. Jones Page 48863
Defendant and his wife, Anna, were arrested on December 6, 1980 and charged with arson in the third degree.…
People v. Chandler Page 48864
Defendant was indicted for one count of grand larceny in the second degree and two counts of grand larceny in the third degree after she allegedly stole money from an Albany County attorney for whom she worked as a secretary.…
People v. West Page 48865
*972On December 9, 1982, at about 11:30 p.m., the complainant, Thomas Rohr, went to Clyde’s Disco on Central Avenue in the City of Albany.…
People v. Turner Page 48866
In the early morning hours of December 10, 1982, Thomas Rohr was assaulted, robbed and left lying unconscious in an alley a short distance from a bar he had left only minutes before in the City of Albany.…
In re Jamie L. Page 48867
Respondent, now age 15, contends on this appeal that Family Court abused its discretion in placing him for 18 months in the custody of the St. Lawrence County Commissioner of Social Services (see, Family Ct Act § 756 [a] [i]) as part of its order adjudicating him a person in need of supervision (hereinafter *976PINS).…
Meshel v. Board of Regents of University Page 48868
After hearings conducted pursuant to Education Law § 6510, petitioner was found guilty of practicing the profession of medicine while his ability to practice was impaired by drugs and mental disability.…
Anna Mae B. v. Harold H. Page 48869
Petitioner is the natural mother of three children born in 1973, 1974 and 1975.…
Graham v. Jones Page 48870
Mahoney, P. J., Main, Weiss, Yesawich, Jr., and Levine, JJ., concur.
In re Lee Ann N. Page 48871
Respondent challenges Family Court’s finding of permanent neglect of three of her children on the ground that petitioner failed to prove, by clear and convincing evidence, that respondent failed to plan for the future of her children.…
People v. Vanier Page 48872
Defendant now asserts that acceptance of his guilty plea was constitutionally impermissible as the plea allocution did not establish an essential element of the crime, namely, intent to commit murder.…
People v. Spruill Page 48873
Defendant, an inmate at Elmira Correctional Facility when the crime was committed, was convicted after a trial of promoting prison contraband in the first degree, a class D felony.…
Newman v. Coughlin Page 48874
*982On November 9, 1983, petitioner, an inmate at Woodbourne Correctional Facility, submitted to a urinalysis test which produced positive results for the presence of marihuana.…
Brauner v. Regan Page 48875
Due to budget constraints, petitioner, whose employment by the State Facilities Development Corporation (hereinafter FDC) had commenced in 1971, was terminated on April 6, 1983.…
Bouchard v. Abbott Page 48876
This action arises out of a dispute between plaintiffs and defendant regarding the extent of an easement on land owned by defendant in Washington County and bordering on Lake George.…
On November 27, 1978, petitioner filed a claim against the Milk Producers Security Fund in the amount of $94,827.57.…
In 1980, plaintiff requested a declaratory ruling from defendant on whether gold, silver and other alloys and substances used in repairing teeth qualify under a sales tax exemption for prosthetic aids (20 NYCRR 900.2).…
In re Melinda I. Page 48879
Respondent is the mother of three children: Melinda, Hiram and Karen.…
In re the Adoption of Lisa Marie F. Page 48880
Petitioners are the natural mother of an infant girl and her current husband.…
Callens v. Simmons Machine Tool Corp. Page 48881
Contrary to the present claim of defendant Simmons Machine Tool Corporation (hereinafter defendant) that plaintiff resigned his employment to avoid being fired, defendant’s own records, plaintiff himself, and a finding by the Unemployment Insurance Appeal Board all indicate that plaintiff was discharged from his…
Choo Choo Cafe, Inc. v. State Page 48882
Kane, J. P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
In re the Arbitration between Leombruno Page 48883
In August of 1981, in accordance with the grievance and arbitration procedure set out in the applicable collective bargaining agreement, petitioner Richard J.…
Blakey v. McMurray Page 48884
Defendants had been renting plaintiffs’ house for about six months when, on January 27, 1981, defendant John E.…
Atchinson v. Cohoes Bowling Arena, Inc. Page 48885
*1000Mahoney, P. J., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.
McBride v. County of Schenectady Page 48886
Defendant Russell A. Whitney was employed by defendant Confederation of Organized Purchasers, Inc. (hereinafter COOP) as a salesman whose duties required the solicitation of prospective members and customers.…
Friends of Shawangunks, Inc. v. Jacobs Page 48887
On August 15, 1983, respondents Village of Ellenville and Genro Energy Systems, Inc. (hereinafter Genro) entered into a lease to allow Genro, a private power producer, to develop a wind energy generating project on lands owned by the village.…
Richter v. Nationwide Mutual Insurance Page 48888
Plaintiff instituted this action individually and as conservator of the injured insured, Anthony Bamond, III, to recover (1) an alleged statutory surcharge of 2% per month on all overdue first-party no-fault payments owing from defendant; (2) an unspecified sum for the unjust enrichment defendant gained from retention…
Cahill v. Pienkos Page 48889
Defendants executed a note and mortgage in favor of plaintiff on July 3, 1981 in connection with their purchase of a single-family home.…
Blake-Veeder Realty, Inc. v. Crayford Page 48890
Plaintiffs, two real estate brokers which had entered into a fee-sharing agreement, commenced this action in April 1982.…
In re PNS Agency, Inc. Page 48891
*1009PNS Agency, Inc. (hereinafter PNS) owns and operates an agency which provides exotic dancers to various clubs in the New York City area.…
Petitioner commenced this CPLR article 78 proceeding to challenge the revocation of his motor vehicle operator’s license.…
Kearney v. Coughlin Page 48893
On March 31,1983, petitioner was appointed to the position of Deputy Superintendent for Administrative Services at Arthur Kill Correctional Facility, subject to his successful completion of a probationary period of from 26 to 52 weeks.…
Sturgeon v. Sturgeon Page 48894
The parties to this proceeding were married in 1969.…
Tucci v. Ambach Page 48895
Petitioner contends that under the transactional analysis approach to the doctrine of res judicata, respondent was es-topped from considering the school district’s appeal as the result of prior judicial proceedings between petitioner and the school district.…
Kerwick v. Orange County Publications Page 48896
In this defamation action commenced in May 1978, defendant served a notice on plaintiff for discovery and inspection of various personal and business tax records of plaintiff, a town assessor.…
G. R. Lewis Construction, Inc. v. Gush Page 48897
Plaintiffs in action No. 2 planned to develop a residential subdivision to be known as Highland Hills North located in the Town of Waterford, Saratoga County.…
In re the Adoption of Unnamed Baby Boy Page 48898
At issue here is whether respondent gave a valid consent to the adoption of her child.…
The issue before us is whether Real Property Tax Law § 718 requires the filing of a trial note of issue, or whether the filing of a motion note of issue is sufficient to avoid the mandated dismissal upon four years’ delay of an assessment proceeding.…
Snay v. Cohoes Memorial Hospital Page 48900
Plaintiff commenced this action, seeking damages for the wrongful death of her husband, by service of the summons with notice on defendant Andrew Bania (hereinafter defendant) in January 1983.…
In re the Claim of Kokoni Page 48901
Though this claim involves a vigorously contested question as to whether the status of claimant was that of an employee or an independent contractor, we do not reach that issue.…
In re the Arbitration between Pierce Page 48902
This matter was submitted to arbitration upon stipulated facts.…
*1025In 1977, after defendant Safari Animal Country, Inc., defaulted on a mortgage held by plaintiff and a foreclosure sale resulted in a deficiency, plaintiff sought to enter a deficiency judgment against defendants (the corporation and its principals).…
Konigsberg v. Coughlin Page 48904
*1027On March 28, 1983, petitioner submitted a written request under the Freedom of Information Law (Public Officers Law, art 6) (hereinafter FOIL) to the Superintendent of Eastern Correctional Facility “to inspect and review any and all files of records kept on me and my number of identification of the New York State…
Fitzpatrick v. Ruffo Page 48908
On December 19,1983, Garry R. Thompson, a Broome County Deputy Sheriff for approximately 18 years, was assigned by respondent Anthony Ruffo, Sheriff of Broome County, to perform correction duties at the county jail.…
People v. Hayes Page 48909
Although the prosecutor improperly made reference to the fact that the missing witness testified before the Grand Jury and paraphrased what she had told the police the night she was robbed, in view of the overwhelming evidence of defendant’s guilt, we find the error to be harmless (People v Crimmins, 36 NY2d 230).…
People v. James Page 48911
*1038On this record, the showup was not unduly suggestive (see, People v Blake, 35 NY2d 331, 337).…
Holt v. Nesbit Page 48913
Special Term properly ruled that the negligence of the driver of plaintiff’s vehicle shall not bar plaintiff’s recovery, but erred in holding that the driver’s negligence “may to the extent proved at trial be asserted in diminution of the plaintiff Holt’s award of damages.” The general rule is that a driver’s…
Woodruff v. Castaldo Page 48914
On the cause of action for breach of the lease plaintiffs produced proof at trial of numerous specific deviations and omissions from the plans and specifications and of the cost to cure each item.…
Zulauf v. State Page 48915
Present — Dillon, P. J., Callahan, Denman, Green and Schnepp, JJ.…
Sabin v. State Page 48916
Present — Dillon, P. J., Callahan, Denman, Green and Schnepp, JJ.…
Baratier v. State Page 48917
Present — Dillon, P. J., Callahan, Denman, Green and Schnepp, JJ.…
Conboy v. Armstrong Page 48918
*1043Plaintiff sent defendant three separate itemized bills for services rendered.…
Rivera v. Smith Page 48919
*1044Present — Hancock, Jr., J. P., Doerr, Boomer, Green and O’Donnell, JJ.
People v. Calvin of Oakknoll Page 48920
It is not disputed that the defendant shot and killed the victim.…
We conclude that the determination was based on substantial evidence in the record.…
Orchard Michael, Inc. v. Falcon Page 48924
Petitioner owns a Tops Supermarket in Orchard Park.…
The Division may not dismiss a complaint upon a finding of no probable cause “when the facts revealed in the investigation do not ‘generate conviction in and persuade a fair and detached fact finder’ that there is no substance in the complaint”.…
Conlon v. Moyer Page 48926
Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.
Dolin v. Passero-Scardetta Associates Page 48927
It is well settled that where, as here, an order imposes costs on the moving party as a condition of granting the relief sought, the acceptance and retention of the costs by the adverse party operates as a waiver of the right to appeal (see, e.g., Gray v Great Southwest Fire Ins.…
Byrd v. Genesee Hospital Page 48928
*1052On appeal, defendants argue that the failure of the court to charge as requested constitutes reversible error.…
Syracuse Supply Co. v. State Page 48930
The crane was moved into claimant’s facility in Syracuse and repair work began in November 1978.…
In re Griffin Page 48931
Petitioner commenced an action against the owner of the property where he sustained his injuries.…
People v. Hackett Page 48932
Present — Hancock, Jr., J. P., Callahan, Denman, Green and O’Donnell, JJ.
People v. Gustafson Page 48933
At the Huntley hearing the arresting officer testified that on the day preceding the arrest he went to the pharmacy in response to a call that a man was there with a forged prescription.…
People v. Johnson Page 48934
On cross-examination the prosecutor questioned defendant concerning the absence of prearrest and postarrest claims of self-defense and/or intoxication and on summation commented on defendant’s pretrial silence.…
Maira v. Stamm Page 48935
*1058On January 2,1981 plaintiff filed an action against Hooker in Federal District Court (see, 29 USC § 623 [a]) based upon the same allegations of age discrimination contained in his State complaint.…
Hammerick v. Nationwide Mutual Insurance Page 48936
*1059Nationwide acknowledges that no insurance policy was in effect at the time of the accident.…
Hammerick v. Nationwide Mutual Insurance Page 48937
Present — Hancock, Jr., J. P., Callahan, Denman, Green and O’Donnell, JJ.
McConnell v. Nabozny Page 48938
Present — Hancock, Jr., J. P., Callahan, Denman, Green and O’Donnell, JJ.
Kelly v. State Page 48940
*1063All concur, except Hancock, Jr., J. P., who dissents in part, in the following memorandum.
People v. Nicometi Page 48941
*1064Present — Dillon, P. J., Boomer, Green, O’Donnell, and Schnepp, JJ.
People v. Huyler Page 48942
After defendant requested an attorney, he was removed to an investigator’s room.…
People v. Bradburn Page 48943
Absent a request by defendant that assault in the third degree under Penal Law § 120.00 (3) be charged as a lesser included offense, the court’s failure to submit such charge was not error *1066(CPL 300.50 [2]; People v Roberts, 91 AD2d 1099, 1100).…
Gaskey v. Vollertsen Page 48944
*1067Present — Dillon, P. J., Boomer, Green, O’Donnell and Schnepp, JJ.
Raschel v. Rish Page 48945
The derivative claim is dismissed. The undisputed facts demonstrate that plaintiff engaged Dr. Rish as her physician and paid him directly for his services and that she consulted with him at his private office where the alleged silicone injections were administered.…
Cristiano v. Illinois National Insurance Page 48946
*1069We agree with Special Term that the copy of the policy attached to plaintiff’s affidavit does not contain the provisions relied upon by defendant.…
Hughson v. National Grange Mutual Insurance Page 48949
An insurer may effectively cancel its policy by mailing a notice of cancellation to the address shown on the policy, provided that it submits sufficient proof of mailing, regardless of whether the notice is actually received by the insured (Olesky v Travelers Ins.…
People v. Reed Page 48950
Memorandum: Upon our review of the record, we find no support for defendant’s claims that prosecutorial misconduct and cumulative error by the trial court deprived him of a fair trial.…
Gassman v. Johns Manville Corp. Page 48952
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Valentine v. Johns Manville Corp. Page 48953
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Knuth v. Johns Manville Corp. Page 48954
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Aston v. Rydzynski Page 48955
Where, as here, the penalty is challenged as arbitrary and capricious, the question is whether it is “ ‘so disproportionate to the offense as to be shocking to one’s sense of fairness’ ” (Matter of Gibides v Powers, 45 NY2d 994, 996, quoting Matter of Pell v Board of Educ., 34 NY2d 222, 237).…
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
*1076Defendant and third-party plaintiff Clarence has not appealed from the dismissal of its third-party complaint and, because a reversal of this dismissal is not necessary in order to give full relief to appellants here, we cannot as an appellate court reinstate the third-party complaint (see, Hecht v City of New…
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Nichter Associates, Inc. v. City of Buffalo Page 48960
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and O’Donnell, JJ.
Ortola v. Bouvier Page 48961
Before a defendant may be held liable for negligence, it must be demonstrated that defendant owes a duty to plaintiff.…
People v. Gilland Page 48962
Cross-examination of complainant was proper for the purpose of impeachment (People v Schwartzman, 24 NY2d 241, 245, cert denied 396 US 846; Richardson, Evidence § 491 [Prince 10th ed]; Fisch, Evidence § 486 [2d ed]).…
People v. James Page 48963
Memorandum: Defendant’s statement to the police during booking was not the product of “subtle maneuvering” by the police designed to evoke an admission from him (see, People v Rivers, 56 NY2d 476, 479-480; cf.…
People v. Barnes Page 48964
Memorandum: Defendants Barnes and Dillenburg (see, People v Dillenburg, 110 AD2d 1080), on appeal from their convictions on guilty pleas to criminal possession of marihuana (Penal Law § 221.20), urge that the court erred in denying their motions to suppress marihuana seized pursuant to a search warrant which was…
People v. Dillenburg Page 48965
Present — Hancock, Jr., J. P., Callahan, Boomer, Green and Schnepp, JJ.
In re Billings Page 48966
Memorandum: The recommitment order at issue on this appeal expired, by its own terms, six months from the date of the order (Feb.…
Memorandum: On a review of the record we conclude, as did the Appeal Board, that the finding *1081that complainant was terminated from his position as methods specialist because of his age in violation of the Human Rights Law (Executive Law art 15) is supported by substantial evidence (300 Gramatan Ave. Assoc.…
Vinolus v. Lackawanna City School District Page 48969
Present — Hancock, Jr., J. P., Callahan, Boomer, Green and Schnepp, JJ.
Firemen's Fund Insurance v. Dietz Page 48970
*1084Plaintiff contends that the court properly refused to set aside the judgment because defendant failed to comply with CPLR 5015 (a) (1) by showing that the default was excusable and by moving within one year after the service of the judgment.…
Ferguson v. Gonyou Page 48971
Memorandum: The record supports Family Court’s conclusion that petitioner did not carry her burden of proving respondent’s paternity by “ ‘clear and convincing’ evidence” (Matter of Commissioner of Social Servs.…
Although indemnity agreements are susceptible of interpretation that they do not expire on completion of the work under the contract, they must be interpreted in light of “the language and purposes of the entire agreement, and the surrounding facts and circumstances” (Margolin v New York Life Ins.…
Rosinski v. Rosinski Page 48974
Present — Dillon, P. J., Doerr, Denman and Boomer, JJ.
Present — Dillon, P. J., Hancock, Jr., Callahan, Green and Pine, JJ.
Jermosen v. Smith Page 48976
Present — Callahan, J. P., Boomer, Green, O’Donnell and Pine, JJ.
David v. Prudential Insurance of America Page 48977
Present — Callahan, J. P., Boomer, Green, O’Donnell and Pine, JJ.
In re Muriel A. W. Page 48978
Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Green, JJ.
Hall v. County of Monroe Page 48979
Memorandum: Plaintiff sued the County of Monroe and the Sheriff of Monroe County for false arrest and imprisonment based upon the detention of the plaintiff pursuant to a bench warrant which had been withdrawn prior to plaintiff’s arrest.…
Fries v. Fries Page 48980
Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.
Memorandum: The court was without authority to direct the Attorney-General to commence an action against the State of Florida.…
Hennessy v. Burke Page 48982
Memorandum: Dismissal of the indictment for denial of respondent Grimes’ right to testify before the Grand Jury is mandated by CPL 190.50 (5) (c).…
Memorandum: This motion for a temporary injunction pending appeal was brought on before us by order to show cause signed by a justice of the Supreme Court.…
873 Third Avenue Corp. v. Kenvic Associates Page 49302
OPINION OF THE COURT The controversy before us involves a claim, by Kenvic and 875 Third Associates (collectively Kenvic), on the one hand, and plaintiff on the other, to the same air rights.…
OPINION OF THE COURT This proceeding, commenced October 29,1984, seeks an involuntary judicial dissolution of respondent Public Relations Aids, Inc. (PRA), pursuant to Business Corporation Law §§ 1104 and 1104-a.…
Gotbaum v. Lewis Page 49304
OPINION OF THE COURT Plaintiffs-respondents, the trustees of various public employee union welfare funds, seek a declaratory judgment that defendant-appellant, Superintendent of the Insurance Department of the State of New York, has no regulatory jurisdiction under Insurance Law article III-A over their funds.…
In re Timmy S. Page 49305
OPINION OF THE COURT The primary question to be resolved on the instant appeals is whether the extrajudicial consent to an adoption, made by the *19natural parents of the child, was a valid and effective one.…
Staber v. Fidler Page 49306
OPINION OF THE COURT Each of these three matters presents the issue of whether miniscule inaccuracies in the numerical statement contained in the cover sheet of a designating petition automatically requires the invalidation of the petition.…
Ashland Equities Co. v. Clerk Page 49307
OPINION OF THE COURT This appeal presents the issue of whether the Clerk of New York County is a State officer when recording a lis pendens filed against real property.…
Forte v. Kaneka America Corp. Page 49732
OPINION OF THE COURT On this appeal we are called upon to decide whether written stipulations of discontinuance which discontinue “all claims and causes of action that are asserted or could have been asserted arising out of the transactions set forth in the complaint * * * with prejudice, on the merits”, should be…
OPINION OF THE COURT The instant declaratory judgment action involves a series of challenges to the rezoning and subdivision of several parcels of land located in the Town of New Castle, which permit the construction on that property of a research center by defendant International Business Machines Corporation (IBM).…
Browne v. Town of Hempstead Page 49734
OPINION OF THE COURT Plaintiffs have instituted this action against the Town of Hempstead to recover monetary damages for personal injuries and a corresponding loss of services which allegedly resulted from a dog bite sustained by plaintiff Donald Browne (hereinafter plaintiff) on July 18, 1981, in the parking lot of…
Greenwich Village Associates v. Salle Page 49735
OPINION OF THE COURT Respondents Jaques and Roxanne Salle have occupied loft space on the second floor of 786-88 Greenwich Street in lower Manhattan since December 1972, pursuant to a sublease with D’Agostino Greenwich Village Corp., which had leased the entire building, and operated a D’Agostino supermarket on the…
Kaszovitz v. Weiszman Page 49736
OPINION OF THE COURT This is an action to recover for personal injuries allegedly sustained by plaintiff Zelma Kaszovitz, on July 28, 1978.…
OPINION OF THE COURT At issue on this appeal is whether plaintiff has met its burden of proving beyond a reasonable doubt that the Building Zone Ordinance of the Village of Upper Brookville (the village) was enacted with an exclusionary purpose or that it failed to consider local and regional housing needs (see…
Flores v. Flushing Hospital & Medical Center Page 49738
OPINION OF THE COURT The 14-year-old plaintiff, by and with her father, sues the hospital and physician who treated her at birth and for a period thereafter for injuries sustained in the first weeks of her life.…
Southampton Ass'n v. Planning Board Page 49739
OPINION OF THE COURT Intervenor George G.…
Prospect v. Cohalan Page 49740
OPINION OF THE COURT The issue presented on this appeal involves the validity of Executive Order 1-1985 issued on May 30, 1985, by appellant Peter F.…
In re D'Esposito Page 49741
OPINION OF THE COURT The respondent was admitted to practice by this court on February 23, 1972.…
People v. Insignares Page 49742
OPINION OF THE COURT The question presented on this appeal by the District Attorney, is whether, after a jury convicted defendant of the crime of a criminal sale of a controlled substance in the second degree (Penal Law § 220.41), Criminal Trial Term abused its discretion by setting aside that verdict and dismissing…
Faberge International, Inc. v. Di Pino Page 49743
OPINION OF THE COURT The defendant is an Italian-born American citizen who in 1971 returned to Italy to work for plaintiff Faberge International, Inc. as an international sales executive.…
In re Gruder Page 49744
OPINION OF THE COURT In 1955, respondent was admitted by this court to practice as an attorney.…
In re Turner Page 49745
OPINION OF THE COURT Respondent was admitted to practice law on March 14, 1979, in the Second Judicial Department.…
In re Greenberg Page 49746
OPINION OF THE COURT The Departmental Disciplinary Committee for the First Department has moved to strike respondent’s name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b).…
In re Padilla Page 49747
OPINION OF THE COURT Respondent was admitted to practice by this court in December 1963.…
People v. Suttell Page 49748
OPINION OF THE COURT On his plea of guilty to criminal possession of a controlled substance in the fifth degree, defendant was sentenced on May 27, 1983 to a five-year period of probation.…
Ott v. Barash Page 49749
*255OPINION OF THE COURT The question for our consideration is whether the plaintiff, who was allegedly injured as the result of the negligence of a New York State employee, may maintain a cause of action for negligence against that employee in the Supreme Court after having settled a prior action against the State in…
Poggi v. City of New York Page 49750
OPINION OF THE COURT Plaintiffs, eight retired superior officers of the Police Department of the City of New York, all of whom were members of the Police Pension Fund, Article 2 (Pension Fund) during their active service, seek to enjoin enforcement of section B18-27.1 (d) (1) of the Administrative Code of the City of…
Zagoreos v. Conklin Page 49751
OPINION OF THE COURT At issue here are the efforts of Orange and Rockland Utilities, Inc. (O & R) to obtain municipal approval for the construction of several structures necessary to effectuate conversion of two oil-burning generating units into coal-burning units at its Lovett Plant in the Town of Stony Point.…
People v. Lowe Page 49752
OPINION OF THE COURT On this appeal from a judgment convicting him of two counts of murder in the second degree, robbery in the first and second degree, and petit larceny, and from an order denying his motion to vacate the judgment (CPL 440.10), defendant maintains that the competency examinations ordered by the court…
OPINION OF THE COURT These lawsuits involve two State-subsidized low-income housing projects located next to each other in Coney Island which are owned and operated by the same principals, albeit under different names (hereinafter referred to collectively as defendant owners).…
OPINION OF THE COURT On this appeal, we are called upon to consider two issues: first, whether the doctrine articulated by the Court of Appeals in Berenson v Town of New Castle (38 NY2d 102) imposes a duty upon a municipality to exercise its zoning powers in order to facilitate the development of…
Epstein v. Mediterranean Motors, Inc. Page 49755
OPINION OF THE COURT This is an exceptionally tragic case.…
Forbush v. Forbush Page 49756
OPINION OF THE COURT The issue presented is whether an attorney who has represented both husband and wife in various legal transactions and who represents the husband in matters involving closely held corporations which may be the subject of equitable distribution should be disqualified from representing the husband…
OPINION OF THE COURT To prevail in a libel action against media defendants, a plaintiff who qualifies as a public figure (see, Curtis Pub.…
People v. Materon Page 49759
OPINION OF THE COURT The primary issue is the constitutional propriety of defendant’s detention and search in the customs area at Kennedy *409Airport after her arrival on an international flight.…
In re Newhoff Page 49760
OPINION OF THE COURT The primary question to be resolved on these appeals is whether the Surrogate properly surcharged the appellant Cohen, as trustee and cotrustee of certain testamentary trusts, for losses incurred as a result of his investment of a substantial portion of each of the trust funds in Real Estate…
People v. Donovon Page 49761
*435OPINION OF THE COURT On July 25, 1979, James (Jimmy) Donovon, the defendant’s brother, disappeared from his home.…
*446OPINION OF THE COURT The issue to be resolved is whether this CPLR article 78 proceeding, brought more than four years after petitioner’s dismissal from his permanent civil service position, and seeking his reinstatement, was timely commenced (see, CPLR 217).…
*451OPINION OF THE COURT On November 12, 1976 a commercial aircraft operated by Allegheny Airlines and owned by General Electric Credit Corporation (General Electric) taxied into a construction excavation site after landing at the Greater Buffalo International Airport and incurred substantial damage in the claimed…
Herald Co. v. Mariani Page 49764
OPINION OF THE COURT The issue on this appeal is one of first impression.…
Friedman v. Reagan Page 49765
*458OPINION OF THE COURT We are here presented with this court’s first opportunity to interpret the Rules of the Chief Judge governing mandatory arbitration as an alternative method of dispute resolution (see, 22 NYCRR part 28) and to correct procedural errors in the conduct of the arbitration program in Onondaga…
Reichel v. Government Employees Insurance Page 49766
*464OPINION OF THE COURT Lena Reichel was injured and subsequently died as a result of a hit-and-run accident.…
People v. Henderson Page 49767
OPINION OF THE COURT On appeal from convictions after a jury trial on charges of robbery, assault and criminal possession of a weapon, defendant *470argues that the rifle seized in plain view during a warrantless search of his apartment should have been suppressed.…
People v. Pacheco Page 49768
*474OPINION OF THE COURT Defendant was convicted upon his plea of guilty to attempted criminal possession of a weapon in the third degree, and was sentenced to imprisonment of one year.…
Gertler v. Goodgold Page 49769
OPINION OF THE COURT Defendants appeal from the denial of their motion to dismiss the complaint or, alternatively, for summary judgment dismissing the complaint.…
Borges v. McGuire Page 49770
OPINION OF THE COURT In this transferred CPLR article 78 proceeding, the petitioner Cibella R.…
In re Giusti Page 49771
OPINION OF THE COURT The Departmental Disciplinary Committee for the First Department has moved to strike respondent’s name from the rolls pursuant to Judiciary Law § 90 (4) (b).…
In re Smith Page 49772
OPINION OF THE COURT The respondent was admitted to practice by this court on June 25, 1947.…
Heath v. Soloff Construction, Inc. Page 49773
OPINION OF THE COURT This action was brought by plaintiff Floyd Heath, an iron-worker employed by third-party defendant Solvay Iron Works, Inc. (Solvay), against defendant Solomon Development Co., doing business as Syracuse Mall Associates (Syracuse), as owner, and defendant Soloff Construction, Inc. (Soloff), as…
Wheeler v. Lucky Co. Page 49774
— Order, Supreme Court, New York County (Myers, J.), entered June 13, 1984, which, inter alia, granted the motion of defendants Lucky Company, Inc., and Wallace Katz for summary judgment and directed vacatur of plaintiffs’ lis pendens, modified, on the law, without costs and disbursements, to deny the motion of…
People v. Santana Page 49775
— Judgment of the Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on February 10, 1983, convicting defendant, after a bench trial, of robbery in the second degree and assault in the second degree, and sentencing him, as a persistent violent felony offender, to an indeterminate term of from eight years to…
People v. Hill Page 49777
— Judgment, Supreme Court, New York County (Dennis Edwards, Jr., J.), rendered on April 28, 1981, unanimously affirmed.…
Maggio v. Fraiman Page 49778
— Application for a writ of prohibition denied and the cross motion to dismiss the petition granted, without costs and without disbursements.…
— Judgment, Supreme Court, New York County (Peter McQuillan, J.), entered on December 2, 1983, unanimously affirmed, without costs and without disbursements.…
People v. Pickering Page 49782
— Judgment, Supreme Court, Bronx County (William Holland, J.), rendered on April 6, 1983, unanimously affirmed.…
Brook Shopping Centers, Inc. v. Bass Page 49783
— Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 9, 1984, which denied defendants-appellants’ motion for summary judgment dismissing plaintiffs’ second amended and supplemental complaint pursuant to CPLR 3211 (subd [a], pars 5, 7) and 3212, is unanimously modified, on the law, with costs, only…
Bacchetta v. Conforti Page 49784
— Appeal from the order of the Supreme Court, New York County (Kirschenbaum, J.), entered January 5,1984, after nonjury trial, dismissing the complaint and declaring that defendant Conforti is entitled to possession of the subject premises, is deemed an appeal from the judgment of the Supreme Court, New York County…
Villa v. New York City Housing Authority Page 49785
— Order of Supreme Court, New York County (Leonard N.…
Eckhaus v. Eckhaus Page 49786
— Order of the Supreme Court, New York County (McQuillan, J.), entered January 24, 1984, modified, on the law, to the extent only of dismissing plaintiff’s tenth cause of action and, except as so modified, affirmed, without costs.…
Demille v. Franklin General Hospital Page 49787
— In an action to recover damages for wrongful death, pain and suffering, etc., sustained by reason of defendants’ alleged negligence and malpractice, defendants separately appeal (1) as limited by their briefs, from so much of an order of the Supreme Court, Nassau County (Robbins, J.), dated November 21, 1983, as (a)…
— In an action to recover on a demand promissory note, defendant Irma Burstyn appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County (Doyle, J.), entered June 17, 1984, as, upon plaintiff’s motion for summary judgment, awarded plaintiff $20,004.22 as against her.…
— In an action to recover on a promissory note, defendants Patricio Aguirre and Arthur Elian appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Oppido, J.), dated February 7,1984, as granted plaintiff’s motion for summary judgment in lieu of complaint as against them.…
Grossman v. Fieland Page 49790
— In a libel action, defendant appeals from a judgment of the Supreme Court, Nassau County (Berman, J.), entered *660May 25, 1983, which, after a jury trial, was in favor of the plaintiff.…
Isasi v. Isasi-Diaz Page 49791
— In a matrimonial action, defendant husband appeals from so much of a judgment of the Supreme Court, Richmond County (Sullivan, J.), dated April 25, 1984, as (1) directed equitable distribution of the marital assets; (2) awarded maintenance to the plaintiff wife of $250 per week until the end of 1991; (3) awarded…
JIHL Associates v. Frank Page 49792
— In an action by a lessor to, inter alia, recover damages for alleged breaches of leases, the defendants and third-party plaintiffs and the third-party defendants National General Corporation, Fox Eastern Theatres Corporation, Mann Theatres Corporation of California, National General Theatres, Inc., Fox Midwest…
Kusterman v. Glick Page 49793
— In a medical malpractice action to recover damages for personal injuries, etc., defendant Glick appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Levine, J.), dated March 25, 1983, as was in favor of the plaintiffs and against him in the principal amount of $372,000.…
Living Springs Retreat v. County of Putnam Page 49794
— In an action for a judgment declaring that certain real property in the Town of Putnam Valley is exempt (on religious grounds) from real property taxation for the years 1977, 1978 and 1979, plaintiffs appeal *666from a judgment of the Supreme Court, Putnam County (Burchell, J.), entered February 9, 1983, which…
Long Island Liquid Waste Ass'n v. Cass Page 49795
— In an action, inter alia, to declare the actions of the Commissioner of Public Works of the County of Suffolk and of the County of Suffolk, in adopting a schedule of charges for disposal of scavenger wastes for sewer districts numbered 3 and 6 and in collecting the charges provided by such schedules, to be illegal…
Lopez v. Precision Papers, Inc. Page 49796
— In an action to recover damages for personal injuries, etc., plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated May 5,1982, as granted the motion of defendant Clark Equipment Co., Inc., for summary judgment “to the extent that defendant, clark equipment co., has no…
Manning v. Dunn Page 49797
— In negligence and medical malpractice actions to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County (Vitale, J.), dated July 22, 1983, which denied their motion to vacate the automatic dismissal of their actions pursuant to CPLR 3404 and to restore the…
McGrath v. Baranello & Sons, Inc. Page 49798
— In an action to recover damages for personal injuries, third-party defendant Unit Builders, Inc., appeals, as limited by its brief, and defendant and third-party plaintiff Baranello & Sons, Inc., and third-party defendant Dreier Structural Steel Company, Inc., cross-appeal, as limited by their briefs, from so much…
Nigro v. Wagner Page 49799
— Judgment of the Supreme Court, Suffolk County, entered September 9, 1983, affirmed, with costs to the respondent Town of Southampton, for the reasons set forth in the memorandum decision of Justice Cannavo at Special Term.…
— In an action to recover damages based upon the theories of legal malpractice, negligence and breach of contract, *677defendants appeal from an order of the Supreme Court, Suffolk County (D’Amaro, J.), dated June 14, 1984, which denied their motion for summary judgment.…
— In an action for a judgment declaring the rights and legal obligations of the parties pursuant to a lease agreement entered into between plaintiff and defendant’s assignor in 1968, defendant appeals (1) from an order of the Supreme Court, Kings County (Rader, J.), dated April 18,1983, which, inter alia, granted…
Harstein v. Mike S. Page 49802
— In a proceeding pursuant to article 5 of the Family Court Act to establish paternity and for an order of support, the appeal is from an order of the Family Court, Westchester County (Kaiser, J.), dated July 26, 1983, which, after a hearing, adjudged appellant to be the father of the child.…
Murphy v. St. Agnes Hospital Page 49803
— In a proceeding pursuant to CPLR article 78, the appeal is from a judgment of the Supreme Court, Westchester County (Dickinson, J.), entered March 22, 1983, which vacated the summary suspension of petitioner’s privileges as an anesthesiologist on the staff of appellant St. Agnes Hospital.…
In re Rosmarin Page 49804
— Appeal from an interlocutory order of the Surrogate’s Court, Nassau County (Radigan, S.), dated July 23, 1984, which, after a nonjury trial, inter alia, ordered the dissolution and distribution in kind of the assets of the appellant partnerships and corporations between decedent’s estate and appellant Jerome Lazarus.…
Soto v. New York State Board of Parole Page 49805
— In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated December 7, 1978, revoking petitioner’s parole, petitioner appeals from a judgment of the Supreme Court, *694Dutchess County (Aldrich, J.), dated August 2, 1982, which dismissed the petition as time barred.…
— In a proceeding pursuant to CPLR article 78 to review a determination of respondent New York State Public Employment Relations Board dated March 31, 1983, which held that longevity pay is a mandatory subject of negotiation, petitioner appeals from a judgment of the Supreme Court, Westchester County (Sullivan, J.)…
People v. Africk Page 49807
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered May 7, 1981, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and *701imposing sentence.…
People v. Bowers Page 49808
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered August 12, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Burgess Page 49809
— Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered December 7, 1981, convicting him of robbery in the first degree, rape in the first degree (two counts), kidnapping in the second degree (two counts), and sexual abuse in the first degree (two counts), upon a jury verdict…
People v. Cantres Page 49810
— Appeal by defendant from a *706judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered June 17, 1982, convicting him of attempted criminal possession of a weapon in the second degree, after a plea of guilty, and imposing sentence.…
People v. Cortes Page 49811
— Appeals by defendant from (1) a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 24, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence, and (2) by permission, an order of the same court…
People v. Dembrosky Page 49812
— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Thorp, J.), imposed May 11, 1984.…
People v. Diaz Page 49813
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered February 3,1982, convicting him of burglary in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Englert Page 49814
— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Kepner, J.), imposed January 12, 1984.…
People v. Ennis Page 49815
— Appeals by defendant (1) from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered June 10, 1981, as amended August 5,1981, convicting him of rape in the first degree (two counts), sodomy in the first degree, sexual abuse in the first degree (two counts) and kidnapping in the second degree, upon a…
People v. Fentress Page 49816
— Order of the County Court, Dutchess County (Rosenblatt, J.), dated December 29, 1980, affirmed.…
People v. Finley Page 49817
— Appeal by the People from an order of the Supreme Court, Queens County (Browne, J.), dated October 24, 1980, which granted that branch of defendant’s motion which sought dismissal of an indictment charging him with murder in the second degree (two counts), robbery in the first degree (two counts), and criminal…
People v. Glinsman Page 49818
— Appeal by defendant from a judgment of the County Court, Dutchess County (Aldrich, J.), rendered September 26, 1977, convicting him of burglary in the first degree, burglary in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.…
People v. Green Page 49819
— Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered March 24, 1981, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Howard Page 49820
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Hyman, J.), rendered September 13,1982, convicting him of criminal possession of stolen property in the first degree and unauthorized use of a vehicle, upon a jury verdict, and imposing sentence.…
People v. Innes Page 49821
— Appeals by defendant, as limited by his motion, from four sentences of the Supreme Court, Queens County (Rotker, J.), each imposed February 24, 1984, the sentences being two concurrent and two consecutive terms of imprisonment of 71/2 to 15 years, upon his convictions of four counts of robbery in the second degree…
People v. Ippolito Page 49822
— Appeal by defendant from a judgment of the County Court, Westchester County (Hickman, J.), rendered April 9,1982, convicting him of robbery in the first degree, upon a plea of guilty, and imposing sentence.…
People v. Johnson Page 49823
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered May 5,1983, convicting him of sexual abuse in the first degree, upon his plea of guilty, and sentencing him to a term of imprisonment of 3Vz to 7 years.…
People v. Jones Page 49824
— Appeal by defendant from a judgment of the County Court, Westchester County (Scancarelli, J.), rendered November 17, 1983, convicting him of criminal sale of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the third degree (three counts), upon a jury…
People v. Lloyd Page 49825
— Judgment of the Supreme Court, Queens County (Leahy, J.), rendered November 18, 1981, affirmed (see, e.g., People v De Bour, 40 NY2d 210).…
People v. Lowry Page 49826
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered October 14, 1982, convicting him of manslaughter in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 8 Vs years to 25 years.…
People v. Lucas Page 49827
— Appeal by defendant from a judgment of the County Court, Nassau County (Santagata, J.), rendered June 17, 1983, convicting her of three counts of offering a false instrument for filing in the first degree, upon a jury verdict, and imposing sentence.…
People v. Powell Page 49828
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered March 23, 1982, convicting him of robbery in the first degree, grand larceny in the second degree, criminal possession *719of stolen property in the first degree, criminal use of a firearm in the first degree and…
People v. Rao Page 49829
— Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered July 29,1982, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and sentencing him, as a second felony offender, to two indeterminate concurrent terms of…
People v. Reddick Page 49830
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Aronin, J.), rendered March 3, 1982, convicting him of burglary in the third degree, attempted petit larceny, criminal mischief in the fourth degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Reynolds Page 49831
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.) rendered May 7, 1981, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Sawyer Page 49832
— Appeals by defendant from two judgments of the Supreme Court, Kings County (Vetrano, J.), both rendered December 16, 1981, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree, and attempted criminal possession of a weapon in the second degree, upon his pleas of guilty…
People v. Velasquez Page 49833
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered July 14, 1983, convicting her of manslaughter in the first degree, upon her plea of guilty, and sentencing her to an indeterminate term of imprisonment of 10 to 20 years.…
People v. Walker Page 49834
— Appeal by defendant from a resentence of the Supreme Court, Westchester County (McNab, J.), imposed May 13,1983, upon his conviction of three counts of robbery in the first degree, after his plea of guilty.…
People v. Williamson Page 49835
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered November 20, 1981, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and imposing sentence.…
People ex rel. Davis v. Sullivan Page 49836
Judgment of the Supreme Court, Westchester County (Rosenblatt, J.), entered November 16,1983, affirmed, without costs or disbursements {People ex rel.…
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 23, 1984 in Albany County, which granted defendant Merrill Lynch, Pierce, Fenner and Smith’s motion for summary judgment dismissing the complaint.…
In re Dennis NN. Page 49838
— Appeal from an order of the Family Court of Saratoga County (Ferradino, J.), entered March 30, 1984, which adjudicated respondent to be a juvenile delinquent and placed him in the custody of the State Division for Youth.…
Schimmel v. Biscone Page 49839
— Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered January 25, 1984 in Albany *916County, which converted petitioner’s proceeding, brought pursuant to CPLR article 78, into an action for declaratory judgment and declared that a resolution of the Town Board of the Town of Coeymans was…
Gajjar v. Union College Page 49840
— Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Division of Human Rights, dated May 23, 1984, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on national origin.…
Fischer v. State Tax Commission Page 49841
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a personal income tax assessment imposed pursuant to article 22 of the Tax Law.…
Hotaling v. Russell Page 49842
Appeal from an order of the Supreme Court at Special Term (Doran, J.), entered July 6, 1984 in Schenectady County, which granted plaintiff’s motion to extend the period for plaintiff to .…
Fort Tryon Nursing Home v. Axelrod Page 49843
— Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered October 28,1983 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to timely exhaust administrative remedies.…
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a corporate franchise tax assessment imposed pursuant to article 9-A of the Tax Law.…
Weaver v. Ambach Page 49845
— Appeal from a judgment of the Supreme Court at Special Term (Torraca, J.), entered May 8, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education rescinding petitioner’s appointment as head boys’…
Baumfeld v. State Page 49846
— Appeal from a judgment of the Court of Claims (Lengyel, J.), entered November 17, 1983, which dismissed the claim.…
Lewis v. Jones Page 49848
— Appeal from an order of the Supreme Court at Special Term (Smyk, J.), entered May 31, 1984 in Broome County, which denied defendants’ motion to dismiss the complaint.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Motor Vehicles which suspended petitioner’s repair shop registration for five days and imposed a civil penalty of $200.…
Macklin v. Powell Page 49850
— Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered November 15, 1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to reinstate petitioner to his position in the Human Resources Management Group of the State…
Rowe v. Regan Page 49851
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for accidental disability retirement benefits.…
Cummings v. Regan Page 49852
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for accidental disability retirement benefits.…
People v. Rivers Page 49853
— Appeal from a judgment of the County Court of Tompkins County (Monserrate, J.), rendered December 2, 1983, upon a verdict convicting defendant of the crimes of forgery in the second degree and unauthorized use of a motor vehicle in the second degree.…
People v. Monta Page 49854
— Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 16,1983, convicting defendant upon his plea of guilty of the crime of attempted sodomy in the first degree.…
Continental Insurance v. Colangione Page 49855
— Cross appeals from an order of the Supreme Court, entered February 21, 1984 in Rensselaer County, which set aside a jury verdict in favor of plaintiff rendered at Trial Term (Connor, J.), and granted a new trial.…
Tanner v. Tanner Page 49856
— Appeal from a judgment of the Supreme Court granting a divorce to both parties, entered March 5, 1984 in Albany County, upon a decision of the court at Trial Term (Pennock, J.), without a jury.…
Chemung County Health Center v. Axelrod Page 49857
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Health which sustained adjustments to petitioner’s Medicaid reimbursement rates for the years 1971 through 1976.…
Sigety v. Axelrod Page 49858
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of *986the Commissioner of Health which sustained the 1980 Medicaid reimbursement rate allowed petitioner.…
Stevens v. Stevens Page 49859
— Appeal from a judgment of the Supreme Court granting defendant a divorce, entered May 30,1984 in Cortland County, upon a decision of the court at Trial Term (Ellison, J.), without a jury.…
— Proceeding initiated in this court pursuant to section 298 of the Executive Law to review a determination of the State Division of Human Rights, dated May 22,1984, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on race, color and sex.…
Levo v. Greenwald Page 49861
— Appeal from an order of the Supreme Court, entered December 15,1983 in Saratoga County, which, inter alia, set aside a verdict in favor of third-party defendant Charles Diggins rendered at Trial Term (Amyot, J.), and granted defendant Martha B.…
Distel v. County of Ulster Page 49862
— Appeal from an order of the Supreme Court at Special Term (Klein, J.), entered April 18, 1984 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Picotte Real Estate, Inc. v. Gaughan Page 49863
— Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered July 3, 1984 in Albany County, which granted plaintiff’s motion for summary judgment.…
Battipaglia v. Barlow Page 49864
— Appeals (1) from an order of the Supreme Court at Special Term (Cholakis, J.), entered July 17,1984 in Rensselaer County, which, inter alia, denied the third-party defendant’s motion for severance, and (2) from that part of an order of said court (Torraca, J.), entered July 31, 1984 in Rensselaer County, which…
In re Mintz Page 49866
OPINION OF THE COURT Respondent was admitted to practice in this Department on December 21, 1967, under the name of R.…
In re Heller Page 49867
OPINION OF THE COURT Petitioner, the Departmental Disciplinary Committee for the First Department, moves for an order striking respondent’s name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90 (4), as a result of his conviction of a felony.…
In re Watson Page 49868
OPINION OF THE COURT Respondent was admitted to practice by this court on October 16, 1963.…
OPINION OF THE COURT In this CPLR article 78 proceeding, we are called upon to review a determination by the respondent Zoning Board of Appeals of the Village of Port Chester (the zoning board) denying an application for an area variance for property purchased by the petitioner Human Development Services of Port…
In re Baily Page 49870
OPINION OF THE COURT The respondent was admitted to practice by the Appellate Division, First Judicial Department, on June 29,1942.…
Gastel v. Bridges Page 49871
OPINION OF THE COURT This motion for leave to appeal from an order of the Monroe County Court, affirming an order of the City Court of Rochester, should be denied.…
Crosland v. New York City Transit Authority Page 49872
OPINION OF THE COURT On this appeal, we are called upon to determine whether, in a wrongful death action, the defendant New York City Transit Authority may be cast in damages arising from an assault on a passenger by members of a local youth gang.…
Order, Supreme Court, New York County (Callahan, J.), entered May 1, 1984, granting petitioners’ application to stay arbitration, is affirmed, without costs.…
People v. Davis Page 49877
Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on January 4, 1984, unanimously affirmed.…
People ex rel. Fletcher v. Scully Page 49878
Order, Supreme Court, New York County (Richard Wallach, J.), entered *608on July 7, 1982, unanimously affirmed, without costs and without disbursements.…
People v. Taylor Page 49879
Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered on July 13, 1983, unanimously affirmed.…
People v. Marvin B. Page 49880
Judgment, Supreme Court, New York County (Benjamin Altman, J.), rendered January 12, 1983, which convicted defendant, after a jury verdict, of the crime of robbery in the third degree (Penal Law § 160.05), and imposed a sentence of five years’ probation, is unanimously modified, as a matter of discretion, in the…
People v. Smith Page 49881
— Judgment of the Supreme Court, Bronx County (Barry Sal-man, J.), rendered June 26, 1981, which convicted defendant of criminal possession of a weapon in the second degree, two counts of assault in the second degree and reckless endangerment in *609the first degree and sentenced him to concurrent terms of…
Rainey v. McGuire Page 49882
Order and judgment (one paper) of the Supreme Court, New York County (Allen Murray Myers, J.), entered May 8, 1984, which granted the petition of petitioner-respondent Rainey and directed that respondents-appellants reinstate Rainey to the position of police sergeant with back pay to September 3, 1982, is reversed, on…
In re Turkewitz Page 49883
Order, Supreme Court, New York County (Stecher, J.), entered May 11,1984, granting respondents’ motion to disqualify to the extent of directing the petitioner not to consult with any lawyer in his own law firm with regard to his dispute with the General Motors Corporation, unanimously reversed, on the law, as moot…
Schmidt v. Solow Management Corp. Page 49884
Order and judgment (one paper) of the Supreme Court, New York County (Edward J.…
Judgment, Supreme Court, New York County (William P.…
People v. Muhammad Page 49886
Order, Supreme Court, New York County (Haft, J.), entered on March 12, 1982, granting defendant’s motion to dismiss the indictment, reversed, on the law, and the indictment reinstated.…
People v. Cummings Page 49887
Judgment, Supreme Court, Bronx County (Grey, J.), rendered June 30, 1983, convicting defendant of robbery in the first degree and criminal possession of a weapon in the third degree and sentencing him, as a persistent felony offender, to concurrent indeterminate terms of imprisonment of from 15 years to life and 6…
Rivera v. 101 West 12th St. Garage Corp. Page 49888
Order, Supreme Court, New York County (Andrew Tyler, J.), entered May 22, 1984, which denied defendants’ motion to vacate a prior order striking their answer and directing an inquest for damages, is unanimously reversed on the law, the facts and in the exercise of discretion, without costs, and the motion to vacate is…
Ronbet Co. v. City of New York Page 49889
Judgment, Supreme Court, New York County (Allen Myers, J.), entered on June 22, 1984, unanimously affirmed, without costs and without disbursements; and appeal from order of said court entered on June 5, 1984 dismissed as having been subsumed in the appeal from the aforesaid judgment, without costs and without…
People v. De Santis Page 49890
— Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered on March 16, 1983, unanimously affirmed.…
People v. Cirilo Page 49894
Judgment, Supreme Court, New York County (Stanley Sklar, J.), rendered on March 9, 1983, unanimously affirmed.…
Robinson v. Parkway Private Cab Service Page 49895
Appeal from default judgment, Supreme Court, Bronx County (Irwin Silbowitz, J.), entered on October 19, 1983, unanimously dismissed as nonappealable, without costs and without disbursements.…
People v. Youssef Page 49896
Judgment, Supreme Court, New York County (Sybil Kooper, J.), rendered on June 13, 1984, unanimously affirmed.…
Stahl Associates Co. v. Mapes Page 49897
Order, Supreme Court, New York County (Edward J.…
Trapp v. Trapp Page 49898
Appeal from order of the Supreme Court, New York County (Hortense Gabel, J.), entered on or about August 30, 1984, dismissed, without costs, as superseded by the appeal from the order entered on December 11, 1984.…
West v. West Page 49899
Order, Supreme Court, New York County (Shorter, J.), entered October 29, 1984, denying defendant’s cross motion for (1) change of venue to Nassau County of a matrimonial action commenced by plaintiff in New York County and (2) consolidation of the action with an action commenced by defendant in Nassau County…
PPX Enterprises, Inc. v. Charly Music Ltd. Page 49900
Order, Supreme Court, New York County (Bruce Wright, J.), entered on January 15,1985, unanimously affirmed, without costs and without disbursements.…
Ungar v. Argo Corp. Page 49901
Order and judgment (one paper), Supreme Court, New York County (Richard Wallach, J.), entered on January 4, 1985, unanimously affirmed, for the reasons stated by Richard Wallach, J., at Special Term.…
People v. Henderson Page 49902
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on June 6, 1983, unanimously affirmed.…
Contracting Plumbers Association of Brooklyn & Queens, Inc. v. New York City Housing Authority Page 49903
Appeal from order and judgment (one paper), Supreme Court, New York County (George Smith, J.), entered on or about June 19, 1984, unanimously dismissed as moot, without costs and without disbursements.…
People v. Angelo A. Page 49904
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on November 21,1983, unanimously affirmed.…
People v. Nieves Page 49905
Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on February 2,1984, unanimously affirmed.…
Order of the Supreme Court, New York County (Bruce McM.…
H. Muehlstein & Co. v. Sternberg Page 49907
Order, Supreme Court, New York County (Alvin F.…
People v. Townsend Page 49908
Judgment of the Supreme Court, Bronx County (D.…
Bucich v. City of New York Page 49909
Judgment, Supreme Court, New York County (Mercure, J.), entered December 17, 1984, upon a jury verdict in defendant’s favor, reversed, on the law and the facts, the judgment vacated and the matter remanded for a new trial, without costs.…
Ivey v. Coughlin Page 49910
Order, Supreme Court, New York County (Klein, J.), entered May 4, 1984, which, inter alia, granted the petitioner’s CPLR article 78 petition to the extent of remanding the matter to respondents for the scheduling of arbitration, unanimously modified, on the law, so as to dismiss the petition as against the…
People v. Jackson Page 49911
Judgment, Supreme Court, New York County (Edwards, J.), rendered November 24,1981, convicting defendant of assault in the *649second degree, criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree and sentencing him, as a persistent violent felony…
People v. Sala Page 49912
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered on January 20, 1984, unanimously affirmed.…
People v. Sloan Page 49914
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on November 10, 1983, unanimously affirmed.…
Resettled order and judgment (one paper), Supreme Court, New York County (Burton Sherman, J.), entered on March 27, 1985, unanimously affirmed, without costs and without disbursements.…
People v. Williams Page 49916
Judgments, Supreme Court, New York County (Solomon Katz, J.), rendered on January 9, 1984, unanimously affirmed.…
Order and judgment of the Supreme Court, New York County (Grossman, J.), entered June 21, 1984, after a nonjury trial, awarding plaintiff Symphony $61,876.87 against defendant Creations By Aria and $28,899.20 against defendant Argent-Fille, Ltd., and awarding defendant Aria $16,044.13 and defendant Argent $15,119.24…
In re the State of Mann Page 49918
Order, Surrogate’s Court, New York County (Roth, S.), entered March 12, 1985, denying the motion of respondent Alana M.…
People v. Medina Page 49919
Judgment of the Supreme Court, New York County (Galligan, J.), rendered December 16, 1983, which convicted defendant, after a bench trial, of attempted criminal possession of stolen property in the first degree, possession of an imitation pistol, acting as a dealer in secondhand articles without a license, and failing…
People v. Ki Rhee Page 49920
Order, Supreme Court, New York County *656(Hettinger, J.), entered August 11, 1983, dismissing the indictment for the People’s failure to comply with CPL 30.30, unanimously reversed, on the law, and the indictment reinstated.…
Palladino v. United States Lines Page 49921
Order, Supreme Court, New York County (Clifford Scott, J.), entered November 15, 1984, which denied the motion of defendant and third-party plaintiff United States Lines (United) for summary judgment against the third-party defendant Midland Insurance Company (Midland), is unanimously modified, on the law, to the…
People ex rel. Carlin v. Schall Page 49922
Appeal from order, Supreme Court, Bronx County (Joseph DiFede, J.), entered on April 12, 1985, unanimously dismissed as moot, without costs and without disbursements.…
People v. Jamerson Page 49923
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered on October 6, 1983, unanimously affirmed.…
People v. Zaks Page 49924
Judgment, Supreme Court, New York County (Arnold Fraiman, J.), rendered on February 19, 1985, unanimously affirmed.…
People v. Poveda Page 49925
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on April 5, 1984, unanimously affirmed.…
Beekman v. Sylvan Lawrence, Inc. Page 49926
Order of the Supreme Court, New York County (Richard Wallach, J.), entered April 24,1984, denying plaintiff’s motion to amend his complaint to assert a cause of action under *659Labor Law § 240, modified, on the law, the facts and in the exercise of discretion, without costs, to deny the motion, without prejudice to…
Order, Supreme Court, New York County (Leonard N.…
Fergus Associates Inc. v. Hayden Page 49928
Order of the Supreme Court, New York County (Andrew Tyler, J.), entered December 11,1984, modified, on the law, the facts and in the exercise of discretion to strike items 12 (b) and 17 of defendant’s demand for a bill of particulars, and, except as so modified, affirmed, without costs.…
Arriaga v. State Page 49929
Order of the Court of Claims (Orlando, J.), entered September 17, 1984, denying defendant-appellant’s motion for summary judgment, is unanimously reversed, on the law, without costs, and the State’s motion for summary judgment dismissal is granted.…
People v. Rogers Page 49930
Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered February 25, 1983, after a jury trial, convicting defendant of nine counts of the crime of criminal possession of a weapon in the third degree (Penal Law § 265.02) and sentencing him: (a) as to counts one through three, to concurrent indeterminate…
People v. Gillard Page 49931
Judgment of the Supreme Court, New York County (Harold Rothwax, J.), rendered on January 19, 1983, which convicted defendant, upon his plea of guilty, of grand larceny in the third degree and sentenced him, as a predicate felon, to a term of from IV2 to 3 years, is unanimously modified, on the law, to the extent of…
People v. Hardy Page 49932
Judgment, Supreme Court, New York County (James J.…
In re Alvin A. Page 49933
Order of disposition, Family Court, New York County (Schechter, J., at fact finding and disposition), entered May 23, 1984, adjudicating appellant a juvenile delinquent upon his admission of acts which, if committed by an adult, would constitute robbery in the third degree, and placing him on probation for two years…
Mandel v. Grunfeld Page 49934
Order of the Supreme Court, New York County (Blyn, J.), entered April 23, 1985, inter alia, granting plaintiff Mandel’s renewed motion for the appointment of a temporary receiver, is unanimously reversed, to the extent appealed from, without costs, on the law and the facts and in the exercise of discretion, and the…
Vermeer Owners, Inc. v. Fleur Garage Corp. Page 49935
Order, Supreme Court, New York. County (Shainswit, J.), entered December 17, 1984, denying the motion of *669Fleur Garage Corp. to dismiss the amended complaint, and further denying the motion of the several plaintiffs in a Supreme Court action and Vermeer Garage Corp., defendant in a Civil Court proceeding, for…
People v. Tucker Page 49936
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), entered December 14, 1982, which convicted defendant, upon his plea of guilty, to the crime of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10) and sentenced him, as a persistent violent felony offender, to an indeterminate term of…
People v. Castro Page 49938
Judgment, Supreme Court, New York County (Luis M.…
Roebuck v. Weir Page 49939
— Orders, Family Court of the State of New York, New York County (Sara Schechter, J.), entered, respectively, on August 10, 1983 and on January 30, 1984, unanimously affirmed for the reasons stated by Schechter, J., without costs and without disbursements.…
People v. Flynn Page 49940
Judgment, Supreme Court, New York County (Sheldon Levy, J.), rendered on March 30, 1984, unanimously affirmed.…
People v. McGauley Page 49941
Judgment, Supreme Court, Bronx County (Archie Gorfinkel, J.), rendered on April 25,1984, unanimously affirmed.…
Olympia House, Inc. v. Elghanayan Page 49942
Order of Supreme Court, New York County (Xavier C.…
People v. Jennings Page 49943
Order of the Supreme Court, Bronx County (Goldfluss, J.), entered March 21, 1984, dismissing the indictment for misapplication of property regarding repurchase agreements against defendant John Finnerty, is affirmed.…
Goldsmith v. Howmedica, Inc. Page 49944
Appeal from the order, Supreme Court, New York County (Harold Baer, Jr., J.), which granted the motion by defendant Chitranjan S.…
Order, Supreme Court, New York County (Allen Murray Myers, J.), entered on or about April 24,1984, granting defendant Hall’s motion to dismiss the first cause of action and denying Hall’s motion to dismiss the remaining causes of action, is unanimously modified, on the law, so as to dismiss the remaining causes of…
Order of the Supreme Court, New York County (David Saxe, J.), entered November 23,1984, which granted plaintiff’s motion to add John J.…
Order of the Supreme Court, New York County (S.…
Mahoney v. Kraut Page 49948
Order of the Supreme Court, New York County, Special Term, Part I (Kirschenbaum, J.), entered March 12, 1984, denying respondent-appellant’s motion for an order dismissing petitioners’ CPLR article 78 proceeding, is unanimously reversed, on the law, and the motion to dismiss granted, without costs and disbursements.…
Curcio v. B. J. Builders of New Jersey, Inc. Page 49949
Judgment, Supreme Court, New York County (Gerard M.…
Westpac Banking Corp. v. Deschamps Page 49950
Cross motion for an expeditious decision on motion granted, and motion for leave to appeal to the Court of Appeals granted, and the following question certified: “Was the order of this court, which reversed the order of the Supreme Court, properly made?” Concur — Kupferman, J.…
People v. Tampu-Bolon Page 49952
Jüdgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered on April 30, 1984, unanimously affirmed.…
People v. Rodriguez Page 49953
Appeal from judgment, Supreme Court, Bronx County (Frank Blangiardo, J.), rendered on January 17, 1983, unanimously dismissed as waived.…
Reingold v. Koch Page 49954
Order, Supreme Court, New York County (Arthur E.…
Caruso v. Ward Page 49955
Order of the Supreme Court, New York County (Grossman, J.), entered October 3, 1984, which granted a preliminary injunction to the petitioners-respondents pending the outcome of a grievance proceeding against a practice of the Police Department of the City of New York, reversed, on the law, and the preliminary…
Order of the Supreme Court, New York County (Irving Kir*695schenbaum, J.), entered May 23, 1984, denying plaintiff’s motion to amend his complaint to add a cause of action that defendant had engaged in deceptive practices under General Business Law § 349, is affirmed, without costs.…
People v. Firestone Page 49957
Judgments of the Supreme Court, New York County (B.…
National Grange Mutual Insurance v. Diaz Page 49958
Judgment (denominated an order), Supreme Court, New York County (Edward J.…
City of New York v. Hollander Page 49959
Motion, insofar as it seeks reargument, granted, and upon reargument, the penultimate sentence of this court’s memorandum decision entered on March 5,1985 (109 AD2d 603, 604) amended to read as follows: “There was a requirement that Eugene make restitution of $1,000,000 in connection with his plea of guilty and being…
Ditaranto v. State Division of Human Rights Page 49960
Petition seeking to annul a determination order after investigation (Armando S.…
People v. Berliner Page 49961
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on June 28, 1983, unanimously affirmed.…
Valeray Real Estate Co. v. Triton Associates Page 49962
Judgment (denominated a judgment and order), Supreme Court, New York County (Edward Greenfield, J.), entered on or about January 16, 1985, unanimously affirmed for the reasons stated by Edward Greenfield, J., without costs and without disbursements.…
People v. Holt Page 49963
Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered on February 15, 1983, unanimously affirmed.…
People v. Taylor Page 49964
Judgments, Supreme Court, Bronx County (Joseph Mazur, J.), both rendered on February 28, 1984, unanimously affirmed.…
People v. Cesar Page 49965
Judgment of the Supreme Court, New York County (Frederic S.…
Pamlanye v. McGuire Page 49966
Judgment, Supreme Court, New York County (Tompkins, J.), entered on or about February 29, 1984, dismissing the petition for a judgment annulling respondent’s *722determination retiring petitioner on an ordinary disability pension and for related relief, unanimously reversed, on the law, without costs, and the matter…
People v. Riddick Page 49967
Judgment of the Supreme Court, New York County (Katz, J.), rendered on June 16,1983, unanimously modified, on the law, to reverse as to the sentence and otherwise affirmed and the matter remanded for resentence.…
People v. Cruz Page 49968
Order of the Supreme Court, New York County (Ryp, J.), entered February 15, 1984, which granted defendant’s motion to dismiss the superseding indictment, is modified, on the law, to reinstate the charges of the first indictment, namely, attempted murder in the second degree, burglary in the second degree and assault…
Yassky v. Raytheon Co. Page 49969
Order, Supreme Court, New York County (Helen Freedman, J.), entered November 23, 1984, which granted plaintiff’s motion to impose sanctions upon defendants-appellants for failure to comply with a notice of discovery and inspection as modified by a prior order of the Supreme Court, New York County (Helen Freedman, J.)…
Rodgers v. Koch Page 49970
Order of the Supreme Court, New York County (Robert E.…
Goetz v. Crane Page 49971
Proceeding pursuant to CPLR article 78 to prohibit the prosecution of New York County indictment No. 1914/85, and to compel the dismissal of the said indictment, dismissed, without costs or disbursements.…
Motion for clarification, resettlement and/or reargument denied; sua sponte, petitioner granted leave to appeal to the Court of Appeals on the basis of the following certified question: “Was the order of this court, which annulled and vacated the determinations of the respondent Finance Department, properly made?”…
In re Kressner Page 49973
Motion granted and the order of this court entered on May 16, 1985 (108 AD2d 334) is modified to reflect August 16, 1985 as the effective date of respondent Kressner’s suspension.…
Anderson v. Anderson Page 49974
In a matrimonial action, defendant wife appeals from so much of an order of the Supreme Court, Queens County *731(Miller, J.), dated April 11,1984, as directed her attorney to pay plaintiff’s attorney the sum of $299 as a condition for the vacatur of an inquest.…
Andron Construction Corp. v. State Page 49975
Judgment of the Court of Claims entered December 15,1983, affirmed, without costs or disbursements, for reasons stated in the decision of Judge Blinder.…
Anthony v. Anthony Page 49976
In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Suffolk County (Geiler, J.), dated July 24, 1984, which denied his motion for reargument of his prior motion to compel defendant and the parties’ son to submit to a blood grouping test.…
Baynon v. Baynon Page 49978
In a matrimonial action, the defendant husband appeals (1) as limited by his brief from so much of a judgment of the Supreme Court, Suffolk County (Jones, J.), dated September 7, 1983, as awarded the plaintiff wife maintenance in the amount of $75 per week, child support in the amount of $90 per week for each of the…
Boronow v. Boronow Page 49979
In an action for a declaratory judgment and to impress a constructive trust upon a certain parcel of real property, defendant appeals from so much of an order of the Supreme Court, Queens County (Bambrick, J.), dated April 5,1983, as denied his cross motion to dismiss the complaint.…
Casale v. Casale Page 49980
In a matrimonial action, the plaintiff husband appeals from so much of a judgment of the Supreme Court, Nassau County (Burke, J.), dated August 20, 1984, as (1) granted the defendant wife’s counterclaim for a divorce on the ground of constructive abandonment, (2) directed plaintiff to pay maintenance to the defendant…
Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights (division) dated June 18,1984, which, inter alia, (1) held that petitioners illegally discriminated *739against the complainant by disqualifying him for the position of police officer on the basis of a…
Ettinger v. Karlsson Page 49982
In an action, inter alia, to recover damages for libel, plaintiff appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated January 4, 1984, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action.…
Evra v. Hillcrest General Hospital Page 49983
In an action to recover damages for personal injuries, etc., sustained as a result of alleged medical malpractice, defendant Arnold Freed appeals from an order of the Supreme Court, Queens County (Kassoff, J.), entered June 1, 1984, which denied his motion for summary judgment dismissing the action as against him as…
In an action to recover damages for personal injuries, etc., defendants Frank Buscher and Anna B.…
In action No. 1, to recover damages for breach of contract, the defendant Horn Construction Division of the Halliburton Company, Inc., appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated January 10, 1984, which denied its motion to dismiss the complaint upon the ground that a defense was…
Glassman v. Catli Page 49986
In an action, inter alia, to recover *745damages for fraud, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated August 15, 1984, as denied their motion made pursuant to CPLR 3211 (a) (7), to dismiss the complaint on the ground that it…
Ingle v. Glamore Motor Sales, Inc. Page 49987
In two actions, inter alia, to recover damages for breach of contract, defendants in each action appeal from an order of the Supreme Court, Suffolk County (Orgera, J.), dated August 23, 1984, which denied those branches of their motions that sought dismissal of the second cause of action in action No. 1 and the third…
Knaus v. Peschel Page 49988
In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 29, 1983, which denied their motion to strike plaintiffs’ note of issue and statement of readiness upon the ground that they had waived their right…
Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Human Rights Appeal Board dated May 30, 1984, which affirmed a determination of the New York State Division of Human Rights finding no probable cause to believe that the respondent International Business Machines Corporation…
Marcus v. Marcus Page 49990
In consolidated divorce actions, the husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Buschmann, J.), dated September 24,1983, as (1) awarded the wife custody of the parties’ child, (2) directed him to pay child support in the sum of $65 per week, (3) granted…
In an action to recover damages for fraud and breach of fiduciary duty, etc., plaintiff appeals from so much of an order of the Supreme Court, Queens County (Durante, J.), dated June 9, 1983, as granted that branch of a motion of all defendants except Charles Arliss, which was to dismiss the complaint as against them…
Tenenbaum v. Jackson Surrey Co. Page 49994
Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights, dated June 17, 1983, which, following a hearing after remand, determined that there was no probable cause to believe that respondent Jackson Surrey Co. was guilty of an unlawful discriminatory practice relating to…
Tilden Financial Corp. v. Wulwick Page 49995
In an action, inter alia, to recover the unpaid balance of moneys due under an equipment lease which had been accelerated upon default, defendant appeals from (1) an order of the Supreme Court, Nassau County (Roncallo, J.), dated December 21, 1983, which granted plaintiff’s motion for summary judgment, and (2) a…
Abdullah v. Hammock Page 49996
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State Division of Pa; ole which, after a hearing, set petitioner’s minimum period of imprisonment, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Nicolai, J.), dated May 27,1983, which, inter alia…
In re Bruce B. Page 49997
Appeal from a dispositional order of the Family Court, Queens County (Corrado, J.), dated May 3,1984, which, upon a fact-finding determination of the same court, made upon appellant’s admission that he committed an act, which if committed by an adult, would have constituted the crime of assault in the first degree…
Fernandez v. New York State Liquor Authority Page 49998
Proceeding pursuant to CPLR article 78 to review a determination of respondent dated February 14, 1984, which, after a hearing, found *756petitioner in violation of the Alcoholic Beverage Control Law, assessed a penalty of cancellation of petitioner’s liquor license and imposed a $1,000 bond claim.…
Gowrie v. Rozzi Page 49999
Proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Police Commissioner dated October 12, 1983, which, after a hearing, found petitioner guilty of certain violations of departmental regulations and imposed a fine of 40 days’ pay.…
Needles v. Needles Page 50000
In a proceeding pursuant to article 4 of the Family Court Act, the parties cross-appeal from an order of the Family Court, Nassau County (Diamond, J.), entered November 17, 1983, which, inter alia, directed the father to increase child support payments for his daughter from $150 per week to $175 per week, and to pay…
Perez v. Wilmot Page 50001
In a proceeding pursuant to CPLR article 78 to review a determination made at a superintendent’s proceeding finding petitioner guilty of certain misconduct and imposing punishment, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Coppola, J.), dated April 16, 1984, which dismissed the…
In a proceeding to permanently stay arbitration, petitioner appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered December 1,1983, which, inter alia, dismissed the proceeding.…
Schwartz v. Cuomo Page 50003
In a CPLR article 78 proceeding to compel the reinstatement of the petitioner to his position of Senior Mechanical Construction Engineer with the New York State Office of Parks and Recreation, and for related relief, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Brucia, J.), entered…
Town of Oyster Bay v. Webb Page 50004
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, dated March 2, 1984, which, after a hearing, approved the establishment of a community residential facility at the location desired by respondents…
People v. Appedu Page 50005
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered March 27,1984, convicting him of burglary in the second degree, burglary in the third degree, grand larceny in the third degree (two counts), and criminal mischief in the fourth degree, upon a jury verdict, and…
People v. Batts Page 50006
Appeal by defendant from a judgment of the Supreme Court, Kings County (Rigler, J.), rendered October 6,1983, convicting him of robbery in the first degree, criminal possession of stolen property in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Bernier Page 50007
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered October 24, 1980, 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. Betancourt Page 50008
Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered November 29,1982, convicting him of burglary in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Birtha Page 50009
Appeal by the defendant from four judgments of the Supreme Court, Queens County (Sherman, J.), each rendered November 17, 1983, convicting him of *764assault in the second degree, criminal possession of stolen property in the first degree, attempted rape in the first degree, and attempted criminal possession of stolen…
People v. Brown Page 50010
Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J.), rendered June 1, 1983, convicting him of criminal sale of a controlled substance in the fifth degree, upon a plea of guilty, and imposing sentence.…
People v. Cesare Page 50011
Appeal by the People, as limited by their brief, from so much of an order of the County Court, Nassau County (Santagata, J.), dated August 3, 1984, as granted that branch of defendant’s motion which sought to vacate a judgment of the same court, rendered September 19, 1980, convicting him of grand larceny in the third…
People v. Delgado Page 50012
Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered February 5,1982, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Diaz Page 50013
Appeal by defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered October 5,1984, convicting him of offering a false instrument for filing in the first degree, after a nonjury trial, and imposing sentence.…
People v. Figueroa Page 50015
Appeal by defendant from a judgment of the County Court, Westchester County (White, J.), rendered April 27,1984, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.…
People v. Fitzgerald Page 50016
Appeal by defendant, as limited by her motion, from a sentence of the County Court, Nassau County (Boklan, J.), imposed August 22, 1984.…
People v. Fuentes Page 50017
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered July 1, 1982, convicting him of reckless endangerment in the first degree and possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. George Page 50018
Appeal by defendant from a judgment of the County Court, Nassau County (Samenga, J.), rendered December 16, 1982, convicting him of criminal sale of a controlled substance in the first degree, criminal sale of a controlled substance in the second degree, criminal possession of a controlled substance in the second…
People v. Gilmore Page 50019
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered June 26,1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Howell Page 50020
Appeal by defendant from a judgment of the County Court, Nassau County (Winick, J.), rendered October 29, 1982, convicting him of robbery in the second degree (four counts), upon a jury verdict, and imposing sentence.…
People v. Meierdiercks Page 50022
Appeals by the People (1) from an order of the County Court, Westchester County (Nicolai, J.), entered November 28,1983, which dismissed the defendant’s indictment on the ground that she was denied her statutory right to a speedy trial pursuant to CPL 30.30, and (2) as limited by its brief, from so much of an order of…
People v. Morgan Page 50023
Appeal by defendant (1) from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered April 8, 1981, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated April 27, 1984, which denied his motion pursuant to…
People v. Neal Page 50024
Judgment of the County Court, Suffolk County (Sherman, J.), rendered September 19,1983, affirmed (People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Santiago, 100 AD2d 857).…
People v. Salvato Page 50025
Appeal by the People from so much of an order of the County Court, Suffolk County (Sherman, J.), dated April 18, 1984, as, upon defendant’s motion, (1) vacated a judgment of the same court, rendered November 16, 1983, convicting defendant of attempted grand larceny in the second degree, upon his plea of guilty, and…
People v. Steele Page 50026
Appeal by defendant from a *774judgment of the Supreme Court, Kings County (Coffinas, J.), rendered May 19, 1983, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Stephenson Page 50027
Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered May 6, 1983, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Watson Page 50028
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered June 10, 1983, convicting him of attempted robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 50029
Appeal by defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered June 7, 1982, convicting him of burglary in the third degree (two counts), grand larceny in the third degree, criminal mischief in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and…
People v. Young Page 50030
Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered April 26,1984, convicting him of attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence.…
In an action to recover for damages sustained in connection with two shipments of goods, plaintiff appeals from an order of the Supreme Court, Queens County (Giaccio, J.), dated October 7, 1983, which granted defendant’s motion for summary judgment dismissing the complaint.…
Death v. Salem Page 50033
In a defamation action, the Nassau County defendants appeal from (1) so much of an order of the Supreme Court, Nassau County (Berman, J.), dated October 4,1984, as granted defendant Marie Salem’s motion for reimbursement by Nassau County of attorney’s fees incurred by independent counsel in her defense; and (2) so…
Echevarria v. Jacob Bank Page 50034
In a medical malpractice action, defendant Jacob Bank appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Widlitz, J.), dated May 18, 1984, as granted the plaintiff’s motion to restore the action to the Trial Calendar.…
Johnson v. City of New York Page 50035
In a negligence action to recover damages for personal injuries, etc., the parties cross-appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), dated December 7,1983, which, after a jury trial, was in favor of the plaintiffs in the principal amount of $250,000.…
Lang v. Lang Page 50036
— In a divorce action, the plaintiff wife appeals from a judgment of the Supreme Court, Suffolk County (Baisley, J.), entered June 19, 1984, which granted the defendant husband’s counterclaim for a conversion divorce and awarded custody of the parties’ infant children, visitation, child support and occupancy of the…
Levine v. City of New York Page 50037
In an action to *786recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Queens County (Goldstein, J.), dated August 24, 1983, which denied his motion to sever defendant City of New York from the action and restore the case to the Trial Calendar and (2) a judgment of the…
Meisner v. Meisner Page 50038
In an action for divorce, plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 30,1984, as granted visitation to defendant husband and directed defendant to make child support payments as of November 2, 1984, rather than retroactive to October 5, 1984, the…
Meyermac Elmhurst, Inc. v. Esnard Page 50039
In a proceeding pursuant to CPLR article 78 to compel the restoration of a building permit revoked by respondent Olin, petitioners appeal from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated June 29,1984, which, upon respondents’ cross motion, dismissed the proceeding.…
Morgan v. Morgan Page 50040
In an action for the partition of certain real property, defendant appeals from an order of the Supreme Court, Nassau County (Vitale, J.), dated October 3, 1983, which denied her motion “for an order dismissing plaintiff’s action pursuant to CPLR 3211 (a) (1), (7) and (8) on the grounds that a defense is founded upon…
New York Telephone Co. v. Wadle Page 50041
In a condemnation proceeding, the condemnor, the New York Telephone Company, appeals (1) from an order of the Supreme Court, Westchester County (Sullivan, J.), dated August 18, 1982, which granted defendants Wadies’ motion to confirm the report of the Commissioners of Appraisal (filed with the County Clerk on March…
Pegalis v. Anderson Page 50042
In an action pursuant to RPAPL article 15 to bar defendants’ claims to the subject real property, plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Berman, J.), entered January 31, 1984, which dismissed the complaint, vacated the notice of pendency filed on behalf of plaintiffs against defendants…
Scarangello v. State Page 50043
In a wrongful death claim, claimant appeals from an order of the Court of Claims (McCabe, J.) dated January 3,1984, which denied her motion for an order authorizing the service and filing of an amended bill of particulars.…
Schmidt v. Dutch Builders, Inc. Page 50044
Appeal by defendant from an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 25, 1983, which denied its motion to vacate a default judgment entered on October 6,1983 in favor of the plaintiff and against it in the sum of $34,354.88.…
Shickler v. Nassau Trust Co. Page 50045
In an action to recover damages for fraudulent consumer credit and collection practices and for conversion of personal property, defendant appeals from an order of the Supreme Court, Nassau County (Wager, J.), dated February 14, 1984, which denied its motion to dismiss the action for failure to prosecute.…
Sinicropi v. Bennett Page 50046
In a proceeding pursuant to CPLR article 78 to review a determination by respondents dated July 21, 1981, which, after a hearing, terminated petitioner’s employment with the Nassau County Probation Department, the appeal is from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated September 25, 1984…
Smolen v. Pen Fa Lee Page 50047
In an action to recover damages for medical malpractice and for lack of informed consent, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ruskin, J.), dated July 28, 1983, which, upon a jury verdict in favor of the defendant, dismissed the complaint.…
Solomon v. City of New York Page 50048
In an action to recover damages for personal injuries, etc., defendant the City of New York appeals from a judgment of the Supreme Court, Kings County (Morton, J.), entered November 17,1983, which, upon a jury verdict, awarded plaintiff Carolyn Solomon the principal sum of $135,000 and plaintiff Arthur Solomon the…
Stabulas v. Brooks Piece Dye Works Corp. Page 50049
In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, (1) from so much of a decision of the Supreme Court, Queens County (Leviss, J.), dated February 15,1984, as denied that branch of their motion which was to dismiss the complaint as to them for failure to state a…
In an action seeking damages for fraud and trespass, reformation of a deed, a declaration of interest in property pursuant to RPAPL article 15 based on equitable estoppel, easements by implication and prescription, a declaration of the nullity of an easement, and to enjoin the defendants from using that easement, the…
Wilson v. Lynch Page 50051
— In an action, inter alia, to recover damages for injury to plaintiff’s reputation due to libel, defendants appeal from an order of the Supreme Court, Kings County (Jones, J.), dated January 26, 1984, which denied their motion for summary judgment dismissing the complaint for failure to state a cause of action.…
Wind v. Cacho Page 50052
In a medical malpractice action, defendant Orlando Cacho appeals from an order of the Supreme Court, Queens County (Kassoff, J.) dated April 4, 1984, which denied his motion for summary judgment dismissing the complaint insofar as it is asserted against him.…
Wirth v. Royal Coach Lines, Inc. Page 50053
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Sullivan, J.), entered May 2, 1984, which denied his motion to strike defendants’ second affirmative defense that the action is barred by the Workers’ Compensation Law, without prejudice to…
Wolfe v. Wolfe Page 50054
In an action for divorce, the defendant husband appeals from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), entered September 18, 1984, as, upon the plaintiff wife’s motion, awarded her temporary maintenance of $300 per week and child support of $100 per week, ordered defendant to pay all…
Wright v. Ford Motor Co. Page 50055
In an action for a declaratory judgment, specific performance, and injunctive relief, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Wager, J.), entered April 11, 1984, which declared that no contract exists between defendant Ford Motor Company and plaintiff, upon motion by defendants at the…
De'Vere v. Reid Page 50056
In a proceeding pursuant to CPLR article 78 to compel respondent to give him permission to marry, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated October 12, 1983, which dismissed his petition.…
Hatcher v. Planning Board of Nelsonville Page 50057
In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the approval of a site plan, the Planning Board of the Village of Nelsonville and the Village Clerk of Nelsonville appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Putnam County (Dickinson, J.), dated…
Miller v. Axelrod Page 50058
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Health of the State of New York, dated July 11, 1984, which, after a hearing, found petitioner, a doctor of podiatric medicine, guilty of three violations of Public Health Law article 33, and imposed a fine of $1,500.…
Mina v. Hammock Page 50059
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent denying petitioner parole, the appeal is from a judgment of the Supreme Court, Dutchess County (King, J.), entered February 16, 1984, which dismissed the proceeding.…
New City Jewish Center v. Flagg Page 50060
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent board of education regarding the sale of a vacant parcel of real property owned iby the respondent Clarkstown Central School District, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Rockland…
Santorelli v. Perales Page 50061
Proceeding pursuant to CPLR article 78 to review a determination of respondent State Commissioner of Social Services, dated May 22,1984, made after a statutory fair hearing, which affirmed so much of a determination of the local agency as ordered that petitioner’s home relief and medical assistance be discontinued.…
In a proceeding pursuant to CPLR article 78 to compel appellant to reinstate petitioner to his position as a school custodial worker with retroactive pay and contractual benefits and to give petitioner a termination hearing, the appeal is from a judgment of the Supreme Court, Suffolk County (Vitale, J.), dated June…
Tisdale v. New York City Transit Authority Page 50063
Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated June 2, 1983, which, after a hearing, found petitioner guilty of misconduct and/or incompetence and dismissed him from his position as a bus operator.…
People v. Adams Page 50064
Appeal by defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered April 27, 1983, convicting him of burglary in the second degree, robbery in the second degree and unauthorized use of a motor vehicle in the first degree, upon his plea of guilty, and sentencing him to concurrent…
People v. Agard Page 50065
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered April 6, 1983, convicting him of murder in the second degree (felony murder) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to an indeterminate term of 20 years to life…
People v. Aulet Page 50066
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered January 30, 1981, convicting him of arson in the second degree, assault in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.…
People v. Boyle Page 50067
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered December 15,1983, convicting him of attempted criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence as a second felony offender.…
People v. Cardillo Page 50068
Appeal by the People, as limited by their motion, from two sentences of the Supreme Court, Kings County (Lodato, J.), both imposed March 22,1983, upon defendant’s convictions of criminal possession of stolen property in the second degree and unauthorized use of a vehicle, upon a jury verdict, the sentences being…
People v. Clark Page 50070
Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 20, 1982, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Comacho Page 50071
Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 4, 1982, convicting him of robbery in the first degree, robbery in the second degree (four counts), assault in the second degree, criminal possession of stolen property in the third degree (two counts), and criminal…
People v. Corriere Page 50072
Judgment of the Supreme Court, Westchester County (Rubin, J.), rendered April 15,1981, affirmed.…
People v. Eason Page 50073
Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered May 26, 1983, convicting him of attempted burglary in the second degree, upon a jury verdict, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of 3V2 to 7 years.…
People v. Escobar Page 50074
Appeal by defendant from three *830judgments of the Supreme Court, Queens County (Sherman, J.), all rendered July 21, 1980, convicting her of criminal sale of a controlled substance in the second degree (two counts) and criminal sale of a controlled substance in the third degree, upon pleas of guilty, and imposing…
People v. Evans Page 50075
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered June 17, 1982, convicting him of robbery in the first degree, and burglary in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Graham Page 50076
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered September 12, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Grier Page 50077
Appeal by defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered February 26, 1982, convicting him of robbery in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Jackson Page 50078
Appeal by defendant from a judgment of the Supreme Court, Kings County (Rigler, J.), rendered November 17,1982, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Landusky Page 50080
Appeal by defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered August 25,1983, as amended August 29,1983, convicting him of operating a motor vehicle while intoxicated as a felony, upon his plea of guilty, and imposing sentence.…
People v. Lattin Page 50081
Appeal by defendant from a judgment of the Supreme Court, Kings County (Clemente, J.), rendered June 21,1982, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Lotze Page 50082
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Barlow, J.), rendered April 23, 1979, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Martinez Page 50083
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered October 4,1983, convicting him of robbery in the first degree, upon his plea of guilty, and sentencing him to a term of imprisonment of 2 to 6 years.…
People v. Pastore Page 50084
*835— Appeal by defendant from a judgment of the Supreme Court, Kings County (Barshay, J.), rendered January 10,1977, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Robinson Page 50085
Appeal by the People, as limited by their motion, from a sentence of the Supreme Court, Kings County (Lombardo, J.), imposed April 1, 1982, as amended April 19,1982, upon defendant’s conviction of robbery in the first degree, robbery in the second degree, criminal possession of stolen property in the third degree and…
People v. Shaw Page 50086
Appeal by the People from an order of the Supreme Court, Queens County (Rotker, J.), dated May 25,1984, which granted defendant’s motion to dismiss his indictment.…
People v. Soto Page 50087
Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 27, 1983, convicting him of attempted murder in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 8V2 to 17 years.…
People v. Taylor Page 50088
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered *837October 13,1983, convicting him of burglary in the third degree, upon his plea of guilty, and sentencing him to a term of imprisonment of from 2Vz to 5 years.…
People v. Torres Page 50089
Appeal by defendant from two judgments of the Supreme Court, Kings County (Alfano, J.), both rendered May 3, 1984, convicting him of murder in the second degree and attempted murder in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Wright Page 50090
Appeal by defendant from a *838judgment of the Supreme Court, Kings County (Goldstein, J.), rendered December 15, 1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People ex rel. Tuff v. Sullivan Page 50091
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Westchester County (Palella, J.), entered February 10, 1984, which dismissed the petition.…
People ex rel. Tuff v. Walters Page 50092
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Slifkin, J.), entered January 29, 1982, which dismissed the proceeding and denied the writ.…
People ex rel. Yates v. Walters Page 50093
In a habeas corpus proceeding challenging the denial of petitioner’s request for release to parole supervision, petitioner appeals from so much of an order of the Supreme Court, Westchester County (Burchell, J.), entered June 6, 1983, as, upon reargument, adhered to its original determination dismissing the proceeding.…
People v. May Page 50094
Appeal by defendant, as limited by his motion (Rules App Div, 2d Dept, 22 NYCRR 670.17 [i]) from a sentence of the Supreme Court, Suffolk County (Mclnerny, J.), imposed November 28, 1984.…
Kozak v. Kozak Page 50096
In a proceeding pursuant to Domestic Relations Law § 240 to modify the provisions of a separation agreement providing that the parties were to have joint custody of the infant issue of the marriage but that they were to reside with the mother, which provisions were incorporated but not merged into a judgment of…
Majestic Investors, Ltd. v. Lopez Page 50097
In an action, inter alia, to foreclose a mortgage, the appeal is from an order of the Supreme Court, Nassau County (Roberto, J.), dated June 19, 1984, which denied appellant’s motion, among other things, to amend her answer and third-party amended answer.…
Sorkin v. Sorkin Page 50099
In two interrelated actions, inter alia, to recover for moneys expended on necessaries and to recover arrears under an order of temporary support, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered April 30, 1984, as…
Tugendhaft v. Country Estates Associates Page 50100
In an action to recover damages for personal injuries, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Dunkin, J.), dated August 22, 1983, as, upon their motion to excuse their default and to require plaintiff to accept their answer, directed plaintiff to…
Zino v. City of New York Page 50101
In an action to recover damages for wrongful death allegedly resulting from an improperly installed electrical outlet, defendant City of New York appeals from a judgment of the Supreme Court, Kings County (Morton, J.), entered November 18, 1983, upon a jury verdict in favor of the plaintiff.…
Amber Rock Pharmacy, Inc. v. Axelrod Page 50102
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Health, dated September 15,1983, which, after a hearing, found petitioners in violation of certain sections of Public Health Law article 33 and certain rules promulgated by respondent in accordance…
Keyes v. Trans Con Line, Inc. Page 50103
Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights, dated December 23,1983, which determined that there was no probable cause to believe that respondent had engaged in an unlawful discriminatory practice.…
In re the State of Levy Page 50104
— In a proceeding to fix attorney’s fees pursuant to SCPA 2110, Herbert Levy appeals from a decree of the Surrogate’s Court, Kings County (Pizzuto, J., on the decree; Bloom, S., on the decision), dated April 24,1984, which fixed the reasonable value of all legal services rendered to coexecutors Ralph Levy and Herbert…
Mcdonald's Corp. v. Rose Page 50105
In a proceeding pursuant to CPLR article 78 to review respondents’ denial of petitioner’s applications for an area variance and a special exception permit, petitioner appeals (by permission), as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Christ, J.), dated July 19,1984, as…
Schor v. St. Francis Hospital Page 50106
Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights, dated September 20,1983, which (1) determined that there was no probable cause to believe that respondent hospital engaged in an unlawful discriminatory practice in rejecting petitioner’s employment…
Shapiro v. Community School District No. 13 Page 50107
Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights, dated August 17, 1984, which dismissed petitioner’s complaint on the ground that there was no probable cause to believe that respondents had engaged in an unlawful discriminatory practice.…
Appeal by-petitioner from an order of the Supreme Court, Nassau County (Pantano, J.), dated December 22,1983, which denied his motion to vacate a prior judgment of the same court and to order a rehearing pursuant to CPLR 5015 on the ground of newly discovered evidence.…
Siegert v. Luney Page 50109
In a proceeding pursuant to CPLR article 78 to review a determination of respondent Zoning Board of the Village of Tarrytown that respondent Temple Beth Abraham could operate a playground and nursery school daycare center on its property as a matter of right, petitioner appeals from a judgment of the Supreme Court…
Smith v. Williams Page 50110
Proceeding pursuant to ECL article 24 to review a determination of the respondent Commissioner, dated July 13, 1983, which denied petitioner freshwater wetlands permits, or, if the determination denying the permits is upheld, then for judgment declaring the denial to be a taking without just compensation (ECL 24-0705…
Sperte v. Shaffer Page 50111
Two proceedings pursuant to CPLR article 78 to review determinations of respondent Department of State, dated June 2,1983, which, after a hearing, found that petitioners demonstrated untrustworthiness and incompetence, and imposed penalties.…
— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order and judgment (one paper) of the Supreme Court, Queens County (Hyman, J.), dated October 24, 1983, which, after a hearing, granted the application.…
Tibaldi v. Otten Page 50113
In a proceeding to modify an award of child support, the father appeals from an order of the Family Court, Suffolk County (Campbell, J.), entered March 13, 1984, which granted petitioner mother’s application for an increase in child support to be paid by the father to the extent of (1) increasing the sum for Michael…
Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated January 6, 1984, which, after a hearing, found petitioner guilty of certain charges, revoked its liquor license and imposed a $1,000 bond claim.…
People v. Alberti Page 50115
Appeal by the People from an order of the Supreme Court, Kings County (Kramer, J.), dated May 7, 1984, which granted defendant’s motion to suppress physical evidence seized pursuant to a warrant.…
People v. Allen Page 50116
Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered December 20, 1982, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Arnette Page 50117
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Brewster, J.), rendered January 22,1981, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Belot Page 50118
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered July 8, 1982, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People v. Blount Page 50119
Appeal by defendant from a judg*864ment of the Supreme Court, Queens County (Agresta, J.), rendered March 3,1983, convicting him of rape in the first degree, burglary in the first degree (two counts) and robbery in the first degree (four counts), upon a jury verdict, and imposing sentence.…
People v. Bretts Page 50120
Appeal by defendant from a judgment of the County Court, Westchester County (Wood, J.), rendered July 31,1981, convicting her of criminal possession of marihuana in the second degree, upon a jury verdict, and imposing sentence.…
People v. Brinson Page 50121
Appeal by defendant from a judgment of the County Court, Dutchess County (Aldrich, J.), rendered December 15, 1982, convicting him of at*866tempted criminal solicitation in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Chaney Page 50122
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered September 21,1982, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Tse Kin Cheung Page 50123
Judgment of the Supreme Court, Queens County (Rotker, J.), rendered March 15, 1983, affirmed.…
People v. Coello Page 50124
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered January 14,1983, convicting him of attempted aggravated assault upon a police officer, criminal possession of a *867weapon in the second degree (five counts), robbery in the first degree (two counts), and criminal use of…
People v. Cyrus Page 50125
Appeal by defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered August 3, 1981, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.…
People v. Demonde Page 50126
Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered January 5,1984, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Fominas Page 50127
Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered January 20, 1983, convicting him of murder in the second degree and hindering prosecution in the first degree, upon a jury verdict, and imposing sentence.…
People v. Fominas Page 50128
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 15, 1982, convicting her of murder in the second degree and hindering prosecution in the first degree, after a nonjury trial, and imposing sentence.…
People v. Gamble Page 50129
Appeal by defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered April 15, 1983, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Gineffra Page 50130
Appeal by defendant from two judgments of the Supreme Court, Kings County (Coffinas, J.), both rendered May 17,1983, convicting him of criminal possession of stolen property in the first degree and grand larceny in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Gonzalez Page 50131
Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered January 12, 1982, convicting him of robbery in the first degree and petit larceny, upon a jury verdict, and imposing sentence.…
People v. Gooden Page 50132
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered July 8, 1982, convicting him of attempted criminal possession of a dangerous weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Grant Page 50133
Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered June 16,1983, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Greene Page 50134
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered June 4,1982, convicting him of two counts of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Gross Page 50135
Appeal by defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered April 13,1983, convicting him of attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.…
People v. Isaac Page 50136
Appeal by defendant from a judgment of the Supreme Court, Kings County (Mirabile, J.), rendered May 17, 1979, convicting him of two counts of murder in the second degree (Penal Law § 125.25 [1], [3]), upon a jury verdict, and imposing sentence.…
People v. Jerome Page 50137
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kuffner, J.), rendered April 6, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Kenney Page 50138
Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered March 16, 1983, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Lentz Page 50139
Judgment of the County Court, Westchester County (Nastasi, J.), rendered September 6, 1983, affirmed.…
People v. Martinez Page 50140
Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Potoker, J.), rendered April 5, 1984, as convicted him of manslaughter in the second degree, after a nonjury trial, and imposed sentence on that count of 4 to 12 years’ imprisonment.…
People v. Mathure Page 50141
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered May 2, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. McDaniels Page 50142
Appeal by defendant from two judgments of the Supreme Court, Kings County (Moskowitz, J.), both rendered March 17, 1983, convicting him of attempted robbery in the first degree, robbery in the first degree and robbery in the second degree, upon his pleas of guilty and imposing sentences.…
People v. Montez Page 50143
Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered November 29,1982, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Rivera Page 50144
*878— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered December 3, 1982, convicting him of manslaughter in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 7 to 21 years.…
People v. Riviello Page 50145
Appeal by defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered May 29, 1984, convicting him of conspiracy in the fourth degree and grand larceny in the first degree, upon a jury verdict, and imposing sentence.…
People v. Rodriguez Page 50146
Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Browne, J.), rendered April 29,1982, as convicted him of manslaughter in the first degree, after a nonjury trial, and imposed sentence.…
People v. Rodriguez Page 50147
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), *882rendered February 10, 1982, convicting him of robbery in the first degree (three counts), robbery in the second degree (two counts), criminal possession of stolen property in the third degree, and criminal possession of a…
People v. Shropshire Page 50148
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 25,1984, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Smith Page 50149
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered July 15, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Spivack Page 50150
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered March 17, 1982, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Symmonds Page 50151
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered September 13, 1983, convicting him of murder in the second degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Talley Page 50152
Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered September 22, 1983, convicting him of two counts of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Torres Page 50153
Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered April 10, 1981, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Trent Page 50154
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered April 26, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Venechano Page 50155
Three judgments of the Supreme Court, Kings County (Owens, J.), all rendered January 13, 1984, affirmed {People v Harris, 61 NY2d 9; People v Pellegrino, 60 NY2d 636; People v Kazepis, 101 AD2d 816).…
People v. Waters Page 50156
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered April 2, 1982, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Watson Page 50157
Appeal by defendant from a judgment of the County Court, Westchester County (Delaney, J.), rendered May 5,1982, convicting him of robbery in the first degree, grand larceny in the third degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Weiss Page 50158
Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered October 14, 1980, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
Prospect v. Cohalan Page 50161
Appeal by the Long Island Lighting Company from an order of the Supreme Court, Suffolk County *891(Doyle, J.), dated June 14, 1985, which denied its motion to intervene in the above-entitled proceedings.…
In re Wess Page 50162
Motion by respondent (1) to modify the discipline imposed upon the respondent, on the ground that the discipline imposed was excessive, and (2) to stay the publication in the New York Law Journal of the sanction.…
In re Grand Jury Subpoena No. 2573/85 Page 50163
Appeal from an order of the Supreme Court, Kings County (Meyerson, J.), dated May 20, 1985, which denied an application to quash a Grand Jury subpoena.…
Becher v. Peress Page 50164
In an action, inter alia, to cancel a contract, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated August 28,1984, which denied his motion to dismiss defendant’s second and third counterclaims, and granted defendant’s motion for a preliminary injunction enjoining plaintiff from…
Brewster v. City of New York Page 50165
In an action to recover damages for battery and false imprisonment, the defendant County of Nassau appeals from a judgment of the Supreme Court, Queens County (Leviss, J.), entered April 26, 1984, *893which, after a directed verdict on liability and a trial on damages, was in favor of plaintiff and against appellant…
Broadhollow Funding Corp. v. Morgan Page 50166
In an action to foreclose a mortgage, plaintiff appeals from so much of an order of the Supreme Court, *894Kings County (Rader, J.), dated May 25, 1984, as denied plaintiff’s motion for summary judgment.…
Cartier v. Long Island College Hospital Page 50167
In an action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated June 27, 1984, which denied their motion for summary judgment.…
Catania v. Catania Page 50168
In a matrimonial action, defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Orgera, J.), dated January 19, 1984, as directed him to pay, pendente lite, (1) all carrying charges on the marital residence, including but not limited to, mortgage, principal…
County of Orange v. Lockey Page 50169
In an action to set aside a deed to a certain parcel of real property, (1) the plaintiff appeals from so much of an order of the Supreme Court, Orange County (Delaney, J.), dated December 7, 1983, as denied so much of its motion as was to preliminarily enjoin the defendants from moving or otherwise disturbing the…
Demas v. E&R Quilting Corp. Page 50170
In a negligence action to recover damages for personal injuries, defendant E&R Quilting Corp. appeals (1) as limited by its brief, from so much of an interlocutory judgment of the Supreme Court, Kings County (Dowd, J.), dated April 21,1984, as is in favor of the plaintiff and against it upon a jury verdict after a…
Di Paolo v. Somma Page 50171
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Pino, J.), entered February 3, 1984, as is in favor of the defendant Albert D.…
— In a proceeding pursuant to CPLR 7503 (b) to stay arbitration, the appeal is from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered February 21,1984, which granted the petition.…
Evangelista v. Evangelista Page 50173
In a matrimonial action, the plaintiff wife appeals from so much of a judgment of the Supreme Court, Queens County (Santagata, J.), entered November 22, 1983, as directed that payment of weekly maintenance by defendant *905husband commence with the date of service upon him of a copy of the subject judgment with notice…
Krajewski v. Osterlund, Inc. Page 50174
In an action to recover damages for personal injuries allegedly sustained in a motor vehicle accident in Indiana, plaintiff appeals from an order of the Supreme Court, Orange County (Wood, J.), dated May 1,1984, which, inter alia, granted defendant’s cross motion to dismiss the action for lack of personal jurisdiction.…
Lasini v. Lasini Page 50175
In an action for a divorce based upon cruel and inhuman treatment, the defendant wife appeals from an order of the Supreme Court, Orange County (Weiner, J.), dated July 20, 1984, which denied her motion for summary judgment.…
Leavitt v. New York City Transit Authority Page 50176
In an action to recover damages for personal injuries and wrongful death, third-party defendant General Motors Corporation appeals from an order of the Supreme Court, Kings County (Hellenbrand, J.), dated September 12, 1984, which denied its motion to dismiss the third-party complaint without prejudice or, in the…
Lianopolous v. Church of Our Savior Page 50177
In an action to recover damages for personal injuries, etc., plaintiffs appeal from an interlocutory judgment of the Supreme Court, Westchester County (Walsh, J.), entered January 25, 1984, which, upon a jury verdict, apportioned liability 60% against the plaintiff George Lianopolous and 40% against the defendant.…
In an action, inter alia, to foreclose a mortgage, plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Orange County (Isseks, J.), dated April 4, 1984, as denied its cross motion to dismiss defendant Gerald J.…
In an action, inter alia, for specific performance of a contract for the sale of real property and to recover damages for breach of contract and fraud, plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Molloy, J.), dated April 29,1985, as, upon reargument of their motion for a preliminary…
Sheldon v. Kimberly-Clark Corp. Page 50182
In an action to recover damages for personal injuries, (1) plaintiff appeals from an order of the Supreme Court, Dutchess County (Coppola, J.), dated May 22 1984, which denied his motion for leave to enter a default judgment and granted a cross motion to dismiss the action as against the Schweitzer Division of…
Smith v. Stark Page 50183
In an action to recover damages for personal injuries based upon theories of negligence, products liability and breach of warranty, defendant Pal Pools, Inc., appeals from so much of an order of the Supreme Court, Nassau County (McGinity, J.), dated February 3, 1984, as denied its cross motion for summary judgment…
In a proceeding pursuant to CPLR 7503 (b) to permanently stay arbitration of an underinsured motorist claim, petitioner appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated June 18, 1984, which dismissed the petition as untimely.…
In an action to recover damages for personal injuries, plaintiff appeals from an *919order of the Supreme Court, Nassau County (Lockman, J.), dated January 19,1984, which (1) granted defendants’ motion to dismiss the complaint as barred by the Statute of Limitations, and (2) denied plaintiff’s cross motion for an…
Warshaw v. Carlis Realty Corp. Page 50186
In an action to recover damages for personal injuries, etc., the defendant Incorporated Village of Great Neck Plaza (hereinafter the Village) appeals from so much of (1) an order of the Supreme Court, Nassau County (Christ, J.), dated May 16,1984, as granted plaintiffs’ motion for a severance of the action as against…
De Marco v. Perales Page 50187
Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the New York State Department of Social Services, dated May 19, 1983, which, after a fair hearing, sustained a determination of the local agency terminating petitioner’s eligibility for public assistance.…
Friedman v. State Page 50188
In a claim to recover damages for personal injuries, the State of New York appeals from an interlocutory judgment of the Court of Claims (Modugno, J.), dated March 10,1983, which determined that the State is 50% liable for claimant’s injuries and ordered the claim returned to the Trial Calendar for the assessment of…
In re the State of Laflin Page 50189
In a proceeding for the judicial settlement of the account of the executors of a decedent’s estate, the appeal is from an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated May 31,1984, which granted the objectant’s motion pursuant to SCPA 2211 and CPLR 3205 (b) to amend his objection number 10.…
In re Lirakis Page 50190
In a proceeding by petitioners, who are discretionary beneficiaries of a trust indenture, to, inter alia, (1) remove respondent Murray as a trustee of said trust indenture and (2) surcharge Murray for trustee’s commissions received by him, Gerald Goldfeder, as cocounsel for petitioners, appeals, on the ground of…
Vargas v. State of New York Liquor Authority Page 50191
Proceeding pursuant to CPLR article 78 to review a determination of respondent dated March 15, 1984, which, after a hearing, found petitioner in violation of the Alcoholic Beverage Control Law and assessed a penalty of suspension of petitioner’s license for a period of 40 days, with 20 days to be forthwith and 20 days…
People v. Bell Page 50192
Appeal by defendant from a judgment of the Supreme Court, Kings County (Scholnick, J.), rendered January 27, 1982, convicting him of manslaughter in the first degree, attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree and criminal use of a firearm in the second…
People v. Boone Page 50193
Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered September 4,1984, convicting her of manslaughter in the first degree, upon a plea of guilty, and imposing sentence.…
People v. Boylan Page 50194
Appeal by defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered April 18, 1983, convicting him of criminal possession of stolen property in the first degree, upon his plea óf guilty, and imposing sentence.…
People v. Brown Page 50195
Appeals by defendant from two judgments of the Supreme Court, Richmond County (Felig, J.), each rendered April 27, 1983, convicting him of attempted robbery in the first degree and attempted burglary in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Campbell Page 50196
Appeals by defendant from two judgments of the Supreme Court, Kings County (Hayes, J.), each rendered October 21,1983, convicting him of robbery in the first degree and burglary in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Caporizzo Page 50197
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kartell, J.), *930rendered May 27, 1975, convicting him of grand larceny in the third degree, after a nonjury trial, and imposing sentence.…
People v. Carmona Page 50198
Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered March 5,1981, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Doe Page 50199
Judgment of the Supreme Court, Kings County (Feldman, J.), rendered February 16, 1982, affirmed (People v Pellegrino, 60 NY2d 636; People v Nixon, 21 NY2d 338, cert denied sub nom.…
People v. Durham Page 50200
Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J., on plea; Bernstein, J., on sentence), rendered May 19, 1982, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Fields Page 50201
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Walsh, J.), rendered October 1, 1981, convicting him of burglary in the second degree, criminal possession of a weapon in the third degree, attempted petit larceny, criminal mischief in the fourth degree, possession of burglar’s tools, and…
People v. Giannetti Page 50202
Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered May 9, 1984, convicting him of burglary in the second degree, after a nonjury trial, and imposing sentence.…
People v. Grady Page 50203
Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered December 9, 1982, convicting him of assault in the third degree, after a nonjury trial, and imposing sentence.…
People v. Gunther Page 50204
Appeal by defendant from a judgment of the Supreme Court, Westchester County (McMahon, J.), rendered May 30, 1984, convicting her of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Hurk Page 50205
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered September 5, 1980, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Looney Page 50206
Appeals by the defendant from (1) an amended judgment of the County Court, Suffolk County (Rohl, J.), rendered March 8, 1984, which, after a hearing on December 16, 1983, wherein defendant was found to have violated the conditions of his probation, vacated his sentence of five years’ probation and resentenced him to…
People v. McMillan Page 50207
Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered September 7, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Monroig Page 50208
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered January 24, 1984, convicting him of murder in the second degree, attempted robbery in the first degree (three counts), and criminal use of a firearm in the second degree, upon a jury verdict, and imposing sentence.…
People v. Munoz Page 50209
Appeal by defendant from a judgment of the Supreme Court, Kings County (Cooperman, J.), rendered September 10,1982, convicting him of attempted murder in the second degree (four counts), assault in the second degree (three counts), arson in the second degree and reckless endangerment in the first degree (two counts)…
People v. Nolan Page 50210
Appeal by defendant from two judgments of the County Court, Nassau County (Goodman, J.), *937both rendered October 21,1983, convicting him of criminal sale of a controlled substance in the third degree and attempted criminal possession of stolen property in the first degree, upon his pleas of guilty, and imposing…
People v. O'Dell Page 50211
Appeal by defendant from a judgment of the County Court, Dutchess County (Aldrich, J.), rendered April 23,1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Orr Page 50212
Appeal by the defendant from two judgments of the Supreme Court, Kings County (Lane, J.), both rendered April 23,1984, convicting him of manslaughter in the first degree under indictment No. 3200/83 and attempted robbery in the first degree under indictment No. 2760/82, upon his *938pleas of guilty, and sentencing him…
People v. Payne Page 50213
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered January 11, 1983, convicting him of robbery in the first degree (two counts), burglary in the first degree, and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Thompson Page 50214
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered May 7, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Torres Page 50215
Appeal by defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered February 14,1984, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.…
People v. Wiederhold Page 50216
Judgment of the County Court, Suffolk County (Rohl, J.), rendered July 23, 1982, affirmed.…
People v. Wilson Page 50217
Appeal by defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered April 7, 1982, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.…
In a habeas corpus proceeding petitioner *941appeals from a judgment of the Supreme Court, Queens County (Rotker, J.), dated March 29,1984, which dismissed the proceeding.…
People v. Lee Jock Page 50219
Appeals from a judgment of the County Court of Franklin County (Plumadore, J.), rendered July 5,1983, upon verdicts convicting defendant of the crimes of grand larceny in the second degree, criminal possession of a weapon in the third degree, criminal possession of stolen property in the second degree (two counts) and…
People v. Peters Page 50220
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered August 31,1983, convicting defendant upon his plea of guilty of the crime of escape in the second degree.…
People v. Wolcott Page 50221
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered September 1,1983, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.…
People v. Joeger Page 50222
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered *945November 9,1983, convicting defendant upon his plea of guilty of the crime of criminal possession of marihuana in the first degree.…
People v. Medina Page 50224
Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered March 26,1984, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.…
Schiaroli v. Village of Ellenville Page 50225
Appeals (1) from a judgment of the Supreme Court in favor of plaintiffs, entered June 5, 1984 in Ulster County, upon verdicts rendered at Trial Term (Pennock, J.), and (2) from an order of said court, entered June 25, 1984 in Ulster County, which denied defendant’s motion to set aside the verdicts.…
In re Jamie V. Page 50226
Appeal from an order of the Family Court of Broome County (Whiting, Jr., J.) entered August 2, 1984, which, inter alia, awarded temporary custody of respondents’ child to petitioner after finding that the child was neglected.…
In re Ford Page 50227
Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered January 10, 1984 in Delaware County, which, in a proceeding pursuant to Administrative Code of the City of New York chapter 51 (tit K), confirmed awards made by the Commissioners of Appraisal to certain claimants and modified the award to…
Lovelace v. Ametek, Inc. Page 50228
Appeals (1) from an order of the Supreme Court at Special Term (Graves, J.), entered March 29, 1984 in Montgomery County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered April 25, 1984 in Montgomery County, which granted third-party…
Cross appeals from an order of the Supreme Court at Special Term (Crew, III, J.), entered July 18, 1984 in Tompkins County, which denied (1) plaintiff’s motion to dismiss a defense in defendant Firemen’s Insurance Company of Newark, New Jersey’s answer and (2) said defendant’s cross motion for summary judgment…
Kalas v. Kalas Page 50230
Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered January 25, 1984 in Albany County, which denied petitioner’s motion to vacate a judgment entered pursuant to CPLR article 54.…
Appeal from an order and judgment of the Supreme Court at Special Term (Bradley, J.), entered November 20, 1984 in Albany County, which, inter alia, granted third-party plaintiff’s cross motion for summary judgment against third-party defendant National Surety Corporation.…
People v. Hickman Page 50232
Appeal from a judgment of the County Court of Albany County (Turner, J.), rendered October 4,1984, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.…
Alfano v. First National Bank Page 50233
Appeal from an order of the Supreme Court at Special Term (Connor, J.), entered September 20, 1984 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.…
Cibro Petroleum Products, Inc. v. Chu Page 50234
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered October 12, 1984 in Albany County, which, inter alia, granted plaintiff’s motion for summary judgment and declared that the application of Tax Law article 13-A to plaintiff’s sale of military jet fuel to the Federal Government violated…
Sannella v. Regan Page 50235
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered November 2, 1983 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.…
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered May 18, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondents’ determination regarding reclassification of petitioner’s part-time position.…
Schimmel v. Board of Education Page 50237
Appeal from a judgment of the Supreme Court at Special Term (Ellison, J.), entered May 25, 1984 in Delaware County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent Board of Education to appoint petitioner as driver education teacher.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review respondent’s determination which sustained a sales and compensating use tax assessment imposed under Tax Law articles 28 and 29.…
Appeal from that part of an order of the Supreme Court at Special Term (Fischer, J.), entered November 27, 1984 in Broome County, which denied defendant’s motion for summary judgment dismissing the complaint.…
In re Leland Fox & John Murphy, Inc. Page 50240
Appeal from an order of the County Court of Schenectady County (Stroebel, Jr., J.), entered October 23,1984, which denied the assignee’s application pursuant to Debtor and Creditor Law article 2 for an order requiring all general creditors of the assignor to repay a portion of the final dividend paid to them in the…
Tanners Realty Corp. v. Ruggerio Page 50241
Appeal from an order of the Supreme Court in favor of defendant, entered July 12, 1984 in Fulton County, upon a decision of the court at Trial Term (Ford, J.), without a jury.…
Newberger Bros. v. Mohawk Leather Co. Page 50242
Appeals (1) from an order of the Supreme Court at Special Term (Graves, J.), entered August 27, 1984 in Montgomery County, which denied defendant’s motion for a protective order, and (2) from an order of said court, entered September 4,1984 in Montgomery County, which denied defendant’s motion for summary judgment…
Kimiecik v. Jesse U. Page 50243
Appeal from an order of the Family Court of Chenango County (Humphreys, J.), entered May 2, 1984, which dismissed a petition seeking a declaration that respondent was the father of a child born to Sandra T.…
In re the Claim of Sapp Page 50244
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 10, 1984, which ruled that claimant was disqualified from receiving benefits because her employment was terminated due to misconduct.…
McCallum v. LeValley McLeod, Inc. Page 50245
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 18, 1984, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on age.…
Purdy v. Savin Corp. Page 50246
Motion to dismiss appeal denied, without costs (see, Matter of Donovan v Knickerbocker Warehousing *979Corp., 72 AD2d 870).…
Spearman v. Crew Page 50247
Motion to dismiss proceeding pursuant to CPLR article 78, for judgment in the nature of prohibition, granted.…
People ex rel. Falaq v. LeFevre Page 50248
Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied (People ex rel.…
In re Casey Page 50249
The Committee on Professional Standards moves to confirm in part and disaffirm in part the report of the referee, which sustained three charges of professional misconduct against respondent and rejected two other charges.…
People v. Rivers Page 50250
Motion for reargument of a decision of this court, dated January 31, 1985, which affirmed a judgment of the County Court of Tompkins County (Monserrate, J.), rendered December 2, 1983.…
People v. Jackson Page 50251
Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered February 28,1984, upon a verdict convicting defendant of the crime of attempted assault in the second degree.…
Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered March 6, 1984 in Albany County, which granted plaintiff’s motion for summary judgment in lieu of a complaint.…
People v. Jensen Page 50253
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 6,1984, convicting defendant upon her plea of guilty of the crime of criminally negligent homicide.…
Phillips v. McGann Page 50254
Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered June 19,1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of personal jurisdiction.…
Dennis v. Shaffer Page 50255
Appeal from a judgment of the Supreme Court at Special Term (Torraca, J.), entered March 22, 1984 in Albany County, which granted petitioner’s application insofar as it requested that respondents be enjoined from enforcing a notice of violation issued against petitioner under General Business Law article 27.…
People v. Bacalocostantis Page 50256
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered March 13,1984, upon a verdict convicting defendant of the crimes of manslaughter in the first degree and assault in the first degree.…
People v. Millington Page 50257
Appeal from a judgment of the County Court of Essex County (Garvey, J.), rendered June 18, 1984, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a franchise tax assessment imposed under Tax Law article 9-A.…
Hines v. Pasquariello Page 50259
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered May 2, 1984 in Schenectady County, which, inter alia, granted defendants’ motions for summary judgment dismissing the complaints in actions Nos. 1 and 4.…
La Platney v. Whitmore Page 50260
Appeal from a judgment of the Supreme Court in favor of defendants, entered January 18,1984 in St. Lawrence County, upon a dismissal of the complaint by the court at Trial Term (Shea, J.), at the close of plaintiff’s case.…
People ex rel. Stewart v. LeFevre Page 50261
Appeal from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered September 4, 1984 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.…
Johnson v. Johnson Page 50262
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered July 31, 1984 in Rensselaer County, which granted defendants’ motion for partial summary judgment.…
Heller v. Chu Page 50263
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which modified a personal income tax assessment imposed under Tax Law article 22 for the years 1965 and 1966.…
Martin v. Ambach Page 50264
Appeal from an amended judgment of the Supreme Court at Special Term (Kahn, J.), entered February 10,1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondent Commissioner of Education’s determination finding petitioner guilty of disciplinary…
Appeal from an order of the County Court of Greene County (Battisti, Jr., J.), entered February 28, 1984, which, inter alia, denied defendant’s cross motion to dismiss the complaint.…
Young v. Whitney Page 50266
Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered January 25,1984 in Rensselaer County, upon a verdict rendered at Trial Term (Hughes, J.).…
Blase v. Axelrod Page 50267
Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered August 30, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to permanently enjoin respondents from recouping any purported Medicaid overpayments for the base years 1973 through…
Stone v. Sterling Drug, Inc. Page 50269
Cross appeals from an order of the Supreme Court at Trial Term (Mercure, J.), entered April 6, 1984 in Warren County, which, inter alia, granted a motion by defendant and third-party defendant C.…
Pollett v. McGourty Page 50271
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Saratoga County) to review a determination of respondent Commissioner of Public Safety of the City of Saratoga Springs which found petitioner guilty of misconduct and suspended him from duty for…
Appeal from an order of the Supreme Court at Special Term (Fischer, J.), entered October 11, 1984 in Broome County, which, inter alia, denied defendant’s motion to dismiss the complaint.…
People ex rel. Eng v. Coughlin Page 50273
Appeal from a judgment of the Supreme Court at Special Term (Amyot, J.), entered August 31, 1984 in Washington County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
People v. Mirras Page 50274
Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered January 6, 1984, upon a verdict convicting defendant of the crime of grand larceny in the third degree.…
In re the Claim of Davis Page 50275
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 28, 1984, which assessed the employer the sum of $18,875 as contributions due for the audit period from September 14, 1981 through September 12, 1982.…
People ex rel. Sims v. Coughlin Page 50276
Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied (.People ex rel.…
In re Devane Page 50278
Application for reinstatement granted and petitioner, Paul T.…
People v. Van Skiver Page 50279
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered December 18, 1981, upon a verdict convicting defendant of the crimes of grand larceny in the second degree and criminal possession of stolen property in the first degree.…
People v. Rezey Page 50280
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered July 12, 1983, upon a verdict convicting defendant of the crimes of *1036arson in the second degree, burglary in the third degree and petit larceny.…
People v. Shelby Page 50281
Appeal from a judgment of the County Court of Albany County (Clyne, J), rendered October 4,1983, upon a verdict convicting defendant of five counts of the crime of criminal possession of a forged instrument in the second degree.…
People v. Romandette Page 50282
Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered March 14, 1984, upon a verdict convicting defendant of the crimes of burglary in the third degree and criminal possession of stolen property in the first degree, and (2) from a judgment of said court (Harris, J), rendered April 27…
People v. King Page 50283
Appeal from a judgment of the County Court of Franklin County (Plumadore, J.), rendered March 26,1984, upon a verdict convicting defendant of the crime of criminal possession of a forged instrument in the second degree.…
People v. Baird Page 50284
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered August 1,1983, upon a verdict convicting defendant of the crime of murder in the second degree.…
Kathleen EE v. Kevin FF Page 50285
Appeal from an order of the Family Court of Albany County (Coffey, Jr., J.), entered May 18, 1984, which dismissed a petition seeking a declaration that respondent is the father of a child born to petitioner.…
Sevilla v. State Page 50286
*1047On September 9,1979 at approximately 6:00 p.m., a single-car accident occurred on State Route 28, a two-lane concrete highway, in the Town of Olive, Ulster County.…
Sabre v. Rutland Plywood Corp. Page 50287
Appeal from that part of a judgment of the Supreme Court entered August 2,1984 in Albany County, upon a verdict rendered at Trial Term (Cholakis, J.), which apportioned percentages of liability between defendant Rushmore & Weber, Inc., and third-party defendant Tupper Lake Veneer Corporation and granted defendant…
McKone v. State Tax Commission Page 50288
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to review a determination of respondent which sustained a personal income tax assessment against petitioners.…
Cygielman v. Cygielman Page 50289
Appeals (1) from a judgment of the Supreme Court at Special Term (Hughes, J.), entered April 2, 1984 in Ulster County, pursuant to an order granting plaintiff’s motion for summary judgment, and (2) from an order of said court, entered April 2, 1984 in Ulster County, which denied defendant’s motion to vacate the prior…
Pond v. Oliver Page 50290
Appeal from a decision of the Workers’ Compensation Board, filed March 28, 1984.…
Dando v. Binghamton Board of Education Page 50291
Appeal from a decision of the Workers’ Compensation Board, filed May 18, 1983 which ruled that claimant did not sustain a causally related disability and denied her claim for benefits.…
Sass v. AMR Electro Conduits, Inc. Page 50292
Appeal from an amended decision of the Workers’ Compensation Board, filed May 18, 1984.…
Carter v. Mobil Chemical Co. Page 50293
Appeal from a decision of the Workers’ Compensation Board, filed April 16, 1984.…
Murtaugh v. Bankers Trust Co. Page 50294
Appeal from a decision of the Workers’ Compensation Board, filed March 23, 1984, as amended by decision filed August 7, 1984, which held that claimant was entitled to back pay.…
Hoch v. Hansen Page 50295
Appeal from a decision of the Workers’ Compensation Board, filed July 19, 1984.…
In re the Claim of Dunford Page 50296
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 30, 1984, which ruled that claimant was ineligible to receive benefits and charged her with a recoverable overpayment of benefits.…
In re the Claim of Katzen Page 50297
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 29, 1984, which adhered to its prior decision ruling that claimant was ineligible to receive *1069benefits because he was not capable of employment and charged him with a recoverable overpayment of benefits.…
Appeal from an order of the Supreme Court at Special *1070Term (Brown, J.), entered December 17,1984 in Clinton County, which denied the motion of defendants Falcon Industries, Inc., and Aetna Insurance Company to dismiss the complaint.…
Coburn v. Hewlett Fire Department Page 50299
Appeal from a decision of the Workers’ Compensation Board, filed May 8, 1984, which awarded claimant benefits under the Volunteer Firemen’s Benefit Law.…
Konti v. New York City Transit Authority Page 50300
Appeal from a decision of the Workers’ Compensation Board, filed August 1, 1984.…
Aucompaugh v. General Electric Page 50301
Appeal from a decision of the Workers’ Compensation Board, filed May 30, 1984, which ruled that claimant sustained a compensable injury and awarded benefits.…
Cross appeals from that part of an order and judgment of the Supreme Court at Special Term (Harvey, J.), entered May 11, 1984 in Saratoga County, which (1) denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award, and confirmed the award as interpreted by the court, and (2) denied…
Korakis v. Athas Management Page 50303
Appeal from a decision of the Workers’ Compensation Board, filed July 19, 1984.…
People v. Bouyea Page 50619
Upon remittitur from the Court of Appeals, judgment unanimously affirmed.…
People v. Johnson Page 50620
Judgment unanimously reversed, on the law, defendant’s motion granted and indictment dismissed.…
People v. Cooper Page 50621
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, after a jury trial, of criminal possession of stolen property in the first degree (Penal Law § 165.50), arguing that the evidence was legally insufficient and that the court’s supplemental charge was erroneous.…
People v. Little Page 50622
Judgment unanimously affirmed (see, People v Ford, 62 NY2d 275).…
Order and judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Special Term, Stiles, J.…
Englert v. Hart Page 50626
Order and judgment unanimously reversed, on the law, without costs, and plaintiff’s motion granted.…
Order unanimously affirmed, with costs, for the reasons stated in memorandum decision at Special Term, Boehm, J.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Basher v. Town of Evans Page 50630
Judgment unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: On this appeal from a judgment granting the CPLR article 78 petition of Basher and Austin, which, inter alia, reinstated them to their…
People v. Herloski Page 50631
Judgment unanimously affirmed. Memorandum: Defendant’s claim that the defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]) violates due process guarantees has not been preserved for review.…
People v. Cruz Page 50632
Judgment unanimously affirmed. Memorandum: With one exception, defense counsel did not object to the portions of the prosecutor’s cross-examination and summation and of the court’s charge now assigned as error.…
LaPolla v. De Salvatore Page 50634
*7Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In March 1978 former Utica Mayor Stephen Pawlinga appointed respondent Anthony De Salvatore to the position of Commissioner of the Board of Water Supply of the City of Utica for the…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Ludlow's Sanitary Landfill, Inc. v. New York State Department of Environmental Conservation Page 50636
Judgment unanimously affirmed, without costs.…
Order unanimously affirmed, with costs (see, State Farm Mut.…
Krieger v. PAT Construction, Inc. Page 50638
unanimously modified, on the law, to grant plaintiffs motion for summary judgment against defendant PAT Construction, Inc., and, as modified, affirmed, without costs.…
New York State Mortgage Loan Enforcement & Administration Corp. v. Townsend Tower Associates Page 50639
Order unanimously affirmed, with costs, for reasons stated in decision at Special Term, Tenney, J.…
Order reversed, on the law, without costs, and motion granted.…
People v. Ruttenbur Page 50641
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: We have reviewed the issues raised by defendant in his pro se brief and we find all, except one, without merit.…
People v. Brown Page 50642
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: On this appeal from a judgment convicting defendant, following a nonjury trial, of eight counts of robbery in the first degree (Penal Law § 160.15 [2] [4]) and two counts of criminal use of a firearm in…
Pennsylvania Egg Carton Corp. v. State Page 50643
Order and judgment unanimously modified, on the law, and, as modified, affirmed, with costs to claimant, in accordance with the following memorandum: Claimant moved for partial summary judgment on its claim for appropriation by the State of portions of its lands, and for an alleged de facto taking of its rights in the…
Aetna Life & Casualty Co. v. Nelson Page 50644
Judgment unanimously affirmed, without costs.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Judgment unanimously reversed, on the law, with costs, and a new trial granted.…
Zimmerman v. City of Niagara Falls Page 50648
Order and judgment unanimously affirmed, with costs.…
People v. Roberts Page 50649
Judgment unanimously affirmed. Memorandum: Defendant was charged with the crimes of murder in the second degree and criminal possession of a weapon in the third degree.…
People v. Bomberry Page 50650
Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction for murder in the second degree (Penal Law § 125.25 [1]), defendant claims that the evidence at trial did not support the verdict, that the trial court abused its discretion in allowing the jury to visit the murder scene, and that the…
People v. Tucci Page 50651
Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction of murder in the second degree.…
People v. Dudasik Page 50652
Judgment unanimously affirmed. Memorandum: The victim’s in-court identification of defendant was reliable, satisfied the required standards and was not tainted by his failure to identify defendant’s picture out of a photo array.…
People v. Horstman Page 50653
Order dismissing first count of indictment unanimously reversed, on the law, and count reinstated.…
Order affirmed, with costs, for reasons stated in memorandum decision at Special Term, Galloway, J.…
Order affirmed, with costs, for reasons stated in memorandum decision at Special Term, Galloway, J.…
Kerr v. John B. Pike & Son, Inc. Page 50656
Order unanimously affirmed, without costs.…
Green v. Kautex Machines, Inc. Page 50657
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: This is an employment-related products liability action in which plaintiff seeks an oral examination of the defendant Kautex through its employees "Mr. Kiefer and/or Mr. Rolniczak” who are…
Ferriera v. Ferriera Page 50658
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: In this divorce action, we find the court properly weighed and adequately set forth the statutory factors it considered (Domestic Relations Law § 236 [B] [5] [g]; [6]…
Hedden v. Bohling Page 50659
unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiffs, in accordance with the following memorandum: Defendant appeals from a portion of a judgment which ordered her to move a boathouse and supporting cables from in front of plaintiffs’ property.…
People v. Nellons Page 50660
Judgment unanimously affirmed. Memorandum: On this appeal from a judgment convicting defendant, following a jury trial, of burglary in the third degree (Penal Law §§ 20.00,140.20) and petit larceny (Penal Law §§ 20.00, 155.25), we find that the objected-to portion of the prosecutor’s summation was a fair and…
People v. Downing Page 50661
Judgment unanimously reversed, on the law, and a new trial granted.…
People v. Bell Page 50662
Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction for assault in the second degree, driving while intoxicated and related misdemeanors and traffic infractions defendant argues, inter alia, that the verdict was not supported by the evidence and that he was denied the right to counsel of…
Determinations annulled, on the law, without costs, and complaint dismissed.…
In re Byron A. Page 50665
Appeal unanimously dismissed as moot, without costs.…
General Electric Credit Corp. v. Xerox Corp. Page 50666
Order unanimously affirmed, with costs. Memorandum: Special Term correctly found that the nonassignment clause in the master lease agreement between William Thom & Company (Thom) and Xerox is valid but that it is merely a personal covenant by Thom not to assign its rights under the agreement without the consent of…
People v. Kimbrough Page 50667
Judgment unanimously affirmed. Memorandum: The alleged instances of ineffective assistance of counsel cited by defendant involve trial strategy, and it appears from our review of the record that defendant received meaningful representation by his counsel at the trial and at the pretrial hearings (see, People v Lane…
Gerhart v. Town of Manchester Page 50669
Order unanimously affirmed, with costs. Memorandum: As plaintiff was traveling around a "sharp” curve in a highway in the Town of Hopewell, his motorcycle collided with a truck approaching from the opposite direction.…
Unique News Co. v. Broderick Page 50670
Order unanimously affirmed, with costs. Memorandum: In this long-delayed appeal, respondent Broderick, as District Attorney of Niagara County, seeks review of an order quashing subpoenae duces tecum issued by him for the production of a large number and variety of books, magazines and other publications in connection…
Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Niagara Development Corporation of Buffalo (Niagara), successor in interest to plaintiff Exchange National Bank of Chicago, is entitled to partial summary judgment dismissing the…
Appeal unanimously dismissed as moot, without costs.…
Order unanimously affirmed, without costs.…
Extrom v. Town of Skaneateles Page 50674
unanimously reversed, on the law, with costs, respondents’ motion denied and petitioners’ cross motion granted.…
Extrom v. Town of Skaneateles Page 50675
unanimously dismissed as moot, without costs.…
Onondaga Gardens, Inc. v. Srogi Page 50676
unanimously affirmed, with costs, for reasons stated in decision at Special Term, Lawton, J.…
Marine Midland Properties Corp. v. Srogi Page 50677
unanimously affirmed, with costs, for reasons stated in decision at Special Term, Lawton, J.…
Dunbar Properties, Inc. v. Srogi Page 50678
Order unanimously affirmed, with costs, for reasons stated in decision at Special Term, Lawton, J.…
Ellis v. Duffus Page 50679
Order unanimously affirmed, without costs, for the reasons stated in memorandum decision at Special Term, Tenney, J.…
Sunderland v. Sunderland Page 50680
Order unanimously affirmed, without costs, for reasons stated at Jefferson County Family Court, Gilbert, J.…
People v. Rowser Page 50681
Judgment unanimously affirmed. Memorandum: The claimed error in the court’s charge is not preserved for review and, on this record, we find no reason to reach it (see, People v Thomas, 50 NY2d 467,471).…
People v. Martin Page 50682
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, after jury trial, of criminal possession of marihuana in the first degree (Penal Law § 221.30), arguing that his constitutional rights were violated by the warrantless search by the Utica Police Department which occurred…
People v. Wright Page 50683
Judgment reversed, on the law, and indictment dismissed, with leave to the People to resubmit the charges to another Grand Jury.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Wilcox v. Zoning Board of Appeals Page 50685
Judgment unanimously affirmed, without costs, for reasons stated in decision at Special Term, Boehm, J.…
Galluch v. State Page 50686
Judgment unanimously modified, on the law, to reduce the coreceivers’ allowance to $74,910.40, and, as modified, affirmed, without costs.…
People v. Abbott Manor Nursing Home Page 50687
Order unanimously modified, on the law, to reduce the coreceivers’ allowance to $74,910.40, and, as modified, affirmed, without costs.…
Bonavito v. Bonavito Page 50688
Order unanimously reversed, on the law, without costs, petition dismissed and order dated June 9,1983 reinstated.…
Tripodi v. Terminal Millwork, Inc. Page 50689
Order unanimously affirmed, without costs (see, Onondaga Commercial Dry Wall Corp. v Sylvan Glen Co., 26 AD2d 130, affd 21 NY2d 739).…
Battista v. Radesi Page 50690
Judgment unanimously affirmed, without costs.…
In re Matthew W.L. Page 50691
Order unanimously affirmed, without costs.…
Bernick v. Cigna Corp. Page 50693
Order unanimously reversed, on the law, with costs, and motion granted.…
Order unanimously reversed, on the law, without costs, in accordance with the following memorandum: The appli*46cation of Elbridge Land Company, owner of a 96-unit mobile home park, for an expansion permit was approved in part by the Town of Elbridge Zoning Board of Appeals pursuant to the Mobile Home Law of the town…
Judgment unanimously modified, on the law, by deleting the second and third adjudging paragraphs and, as modified, affirmed, without costs, and 1978 Mobile Home Law declared constitutional and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with same memorandum as in Matter of…
In re Ryan Paul L. Page 50696
Order unanimously affirmed, without costs.…
People v. Frey Page 50697
Judgment unanimously modified, as a matter of discretion in the interest of justice by vacating the sentence imposed as a persistent felony offender and by sentencing defendant as a second felony offender to an indeterminate term having a maximum term of 10 years and a minimum term *49of 5 years (Penal Law § 70.06 [3]…
People v. Crawford Page 50698
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.…
Sales v. Crimmen Page 50700
Order unanimously reversed, on the law, without costs, and motion granted.…
Allah v. Smith Page 50701
Judgment unanimously affirmed. Memorandum: Special Term properly found that petitioner had no statutory guarantee that he would keep his job in the institutional mess hall (Matter of Cooper v Smith, 99 AD2d 644, affd 63 NY2d 615; Matter of Duval v Smith, 50 AD2d 1066, lv denied 38 NY2d 711).…
People ex rel. Dixon v. Smith Page 50702
Judgment unanimously affirmed. Memorandum: Supreme Court properly denied relator’s application for a writ of habeas corpus.…
Paul v. Smith Page 50703
Judgments unanimously affirmed (see, People ex rel.…
Johnson v. Smith Page 50704
Judgment unanimously reversed, on the law, and petition dismissed.…
Mount Chestnut Realty Corp. v. El-Hindi Page 50705
Appeal unanimously dismissed as moot, without costs.…
Syracuse Land Corp. v. Town of Clay Page 50706
Judgment unanimously reversed, on the law, without costs, determination annulled and petition granted, in accordance with the following memorandum: Petitioner operates a 5,000-watt AM radio station and it is seeking to relocate its transmitter and radio towers to a 22-acre site in the Town of Clay in an area known as…
Knowle v. Kane Page 50707
Application unanimously denied and petition dismissed, without costs.…
Zacharek v. Zacharek Page 50708
Motion for stay denied. Memorandum: The monetary provisions of the judgment are subject to an automatic stay of enforcement pursuant to CPLR 5519 (a) (2).…
Motion granted, order dismissing proceeding vacated; respondent’s answer to be filed and served on or before June 10,1985 and respondent’s briefs to be filed and served on or before August 15,1985.…
People v. Phillips Page 50710
Motion to change venue of trial indictment from Oswego County denied.…
People v. Chan Page 50836
OPINION OF THE COURT Defendant’s primary contention on appeal is that he was deprived of a full and fair opportunity to conduct a vigorous and thorough cross-examination of one of the two primary prosecution witnesses.…
Casey v. Tieman Page 50837
OPINION OF THE COURT The issue raised on this appeal concerns the propriety of Special Term’s refusal to direct the respondent Board of Education of the Syosset Central School District to provide the petitioner, one of its teachers, with a legal defense, pursuant to Education Law § 3811, in an action commenced against…
Kraft Agency, Inc. v. Delmonico Page 50838
*178OPINION OF THE COURT Plaintiffs, Bernard F.…
In re the Estate of Samuelson Page 50918
OPINION OF THE COURT At issue on this appeal is whether Social Services Law § 369 (1) (b) bars recovery of correctly paid medical assistance benefits from the estate of an individual who was the recipient of medical assistance while age 65 and older, and which recipient was survived by a legally blind and totally…
People v. Ruffino Page 50919
OPINION OF THE COURT Although a motion to suppress identification testimony made pursuant to CPL article 710 is the exclusive method of challenging the admissibility of such evidence (CPL 710.70 [3]), a defendant is also entitled to have the jury consider the fairness of pretrial identification procedures in…
People v. Short Page 50920
*206OPINION OF THE COURT A suspect who has retained counsel with respect to a matter under investigation may not be interrogated regarding that matter in a noncustodial setting, except in the presence of counsel, where law enforcement authorities are aware of such representation (People v Skinner, 52 NY2d 24).…
People v. Sims Page 50921
OPINION OF THE COURT The defendant stands convicted of assault in the first degree and endangering the welfare of a child for having intentionally immersed her two-year-old daughter in a tub of scalding *216water, as a result of which the child suffered serious burns of her left hand, legs and buttocks, eight of her…
Fossella v. Dinkins Page 50922
OPINION OF THE COURT This is the second time in recent weeks that this matter has come before this court.…
Megalopolis Property Ass'n v. Buvron Page 50923
OPINION OF THE COURT On October 26,1983, the Mayor of New York City signed into law Local Laws, 1983, No. 52 amending the Administrative Code of the City of New York, chapter 26, title D by adding a *233new section, D26-10.10.…
Tantleff v. Truscelli Page 50924
OPINION OF THE COURT The question raised on this appeal is which of two purchase options set forth in a lease is to be given precedence where a tenant seeks to invoke his right to purchase the premises for a fixed price after the landlord has given him notice of a bona fide third-party offer in conformity with the…
In re Dunne Page 50925
OPINION OF THE COURT The respondent was admitted to practice by this court on October 13, 1976.…
In re Ryan Page 50926
OPINION OF THE COURT The respondent was admitted to practice by this court on October 14, 1964.…
Prospero v. R. Brown & Sons, Inc. Page 50927
OPINION OF THE COURT In June of 1969, plaintiff Ernesto Di Prospero (hereinafter plaintiff) purchased a 1969 Ford automobile from defendant.…
OPINION OF THE COURT Plaintiffs Anthony and Ginger Cavello are the parents of two infant children, plaintiffs Anthony, Jr. (AJ), and Tina Cavello.…
OPINION OF THE COURT Hancock Airport is a municipal airport owned by the City of Syracuse (the City) and operated by the City’s Department of Aviation.…
DiLucia v. Mandelker Page 51040
OPINION OF THE COURT On December 12,1984, a birthday dinner was held in honor of Mayor Edward I.…
People v. Magliato Page 51041
The majority asserts that defendant’s testimony, “credited by the jury,” that he “accidentally * * * exerted the minimum pressure necessary to fire the weapon”, does not warrant the conclusion that his action was so mindless of consequences as to constitute a depraved indifference to human life.…
In re Wright Page 51042
OPINION OF THE COURT Respondent Adam M. Wright was admitted to practice on June 19, 1978 as an attorney and counselor-at-law in the State of New York by the Appellate Division of the Supreme Court, First Judicial Department.…
County of Dutchess v. City of Beacon Page 51043
OPINION OF THE COURT On this appeal we are called upon to decide whether the defendant City of Beacon is required to pay to the plaintiff County of Dutchess the full amount of the taxes certified by the county upon property situated within the city or only that portion of the taxes actually collected by the city on…
Bagailuk v. Weiss Page 51044
OPINION OF THE COURT On January 21,1979, plaintiff Shirley A.…
Nowak v. Mahoney Page 51045
OPINION OF THE COURT Plaintiff Stan Nowak (plaintiff), an electrical worker, was injured at the site of construction of a waste recovery plant for third-party defendant City of Albany when the ladder on which *289he stood working collapsed.…
People v. Terrell Page 51157
Judgment of the Supreme Court, New York County (Martin B.…
McCormack v. Grumman American Aviation Corp. Page 51158
Order and judgment of the Supreme Court, New York County (Crangle, J., after a bench trial), both entered May 25, 1984, dismissing the complaint in both actions, modified, on the law and the facts, without costs, so as to grant judgment in favor of the plaintiff in action No. 1 and direct an assessment of damages…
Witz v. Renner Realty Corp. Page 51159
Order, Supreme Court, New York County (John Bradley, J.), entered on April 4, 1984, unanimously affirmed, without costs and without disbursements; and motion for leave to file a surreply brief denied.…
Lolli-Ghetti v. Lolli-Ghetti Page 51160
Order, Supreme Court, New York County (Kenneth L.…
Weckstein v. Breitbart Page 51161
Order and judgment (One paper) of the Supreme Court, New "York County (Amos E.…
People v. Colon Page 51162
Judgment of the Supreme Court, Bronx County (Anita Florio, J.), rendered December 18, 1981, modified, on the law, to the extent only of reversing and setting aside the sentence for attempted murder in the second degree and remanding the matter to the trial court for resentence on that count and, except as so modified…
People ex rel. Storch v. Storch Page 51163
— Order and judgment (one paper), Supreme Court, New York County (Greenfield, J.), entered April 24, 1984, awarding respondent arrears of child support of $38,000 “together with interest from the date such payments were originally due and owing” and the further sum of $7,000 as counsel fees, modified, on the law and…
People v. Cuesta Page 51164
Judgment, Supreme Court, New York County (Altman, J., at plea and sentence; Shorter, J., at suppression hearing), rendered on January 14, 1983, which convicted defendant of criminal possession of a weapon in the third degree and bail jumping in the first degree, and imposed indeterminate concurrent terms of 2V2 to 5…
People v. Clarke Page 51165
Judgment of the Supreme Court, Bronx County (McNab, J.), rendered August 16, 1982, convicting defendant, upon a plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of from ÍV2 to 3 years, and…
Conforti v. Cammarata Page 51166
Judgment of the Supreme Court, New York County (Bowman, J.), entered on April 5,1984, which dismissed the complaint and directed the sale of stock in an apartment cooperative and an assignment of the proprietary lease of said apartment, is modified, on the law and the facts, so as to require defendant-respondent…
Wisdom v. Wisdom Page 51167
Appeal from order, Supreme Court, Bronx County (Irwin M., Silbowitz, J.), entered on August 24, 1983, denying defendant’s motion seeking to set aside a judgment of divorce signed July 7, 1982 and thereafter entered in Supreme Court, Bronx County, on October 21, 1982, unanimously dismissed, without costs, for lack of…
Rehbock v. Levine Page 51168
Order, Supreme Court, New York County (Louis I.…
Fischer v. Fischer Page 51169
Appeals from orders, Supreme Court, New York County *17(Hortense Gabel, J.), both entered on December 6, 1983, unanimously dismissed, without costs and without disbursements, as having been superseded.…
Collins v. Beinecke Page 51170
Judgment, Supreme Court, New York County (William Ford, J.), entered on May 1, 1984, unanimously affirmed.…
People v. Mellen Page 51171
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on February 27, 1984, unanimously affirmed.…
Pauk v. Board of Trustees Page 51172
Order, Supreme Court, New York County (Preminger, J.), entered October 18, 1983, granting defendant’s motion to dismiss plaintiff’s second and third causes of action, and denying the motion to dismiss plaintiff’s first cause of action alleging that defendant violated his contractual rights when it denied him tenure…
Appelbaum v. Deutsch Page 51173
Judgment, Supreme Court, New York County (Andrew Tyler, J.), entered on August 15,1984, affirmed for the reasons stated by Andrew Tyler, J., without costs and without disbursements.…
Seabrook v. R. H. Macy & Co. Page 51174
Order, Supreme Court, New York County (Seymour Schwartz, J.), entered May 10, 1984, denying defendants’ motion to dismiss pursuant to CPLR 3216 for failure to prosecute, and granting plaintiff’s cross motion to deem her service and filing of a notice of precalendar conference, within 90 days of her receipt of the…
Felner v. Shapiro Page 51175
Order of the Supreme Court, New York County (M.…
People ex rel. Hirsch v. Ward Page 51177
Order of the Supreme Court, New York County (Gabel, J.), entered December 21, 1983, which, pursuant to the petitioner husband’s stipulation, released him from the .…
Kanter v. East 62nd Street Associates Page 51178
Order, Supreme Court, New York County (Allan Murray Myers, J.), entered December 7, 1984, granting plaintiff a preliminary injunction enjoining and restraining defendants, during the pendency of the action, from commencing an action or proceeding to evict plaintiff or from otherwise disturbing plaintiff’s tenancy…
Oppenheimer v. Oscar Shoes Inc. Page 51179
Order of the Supreme Court, Bronx County (Silbowitz, J.), entered December 11,1984, adjudging nonparty witness, a New York attorney, guilty of contempt pursuant to CPLR 5251, for failure to answer questions sought under a subpoena served in connection with a supplementary proceeding under CPLR 5224 (a) (1), is…
People v. Martinez Page 51180
Judgments, Supreme Court, Bronx County (Daniel J.…
Order, Supreme Court, New York County (Orest V.…
Order of the Supreme Court, New York County (Allen Murray Myers, J.), entered on November 26, 1984, which granted plaintiff’s motion for an order of attachment, is reversed, on the law, and the motion denied, with costs and disbursements.…
Nab-Tern Constructors v. City of New York Page 51196
Order of the Supreme *57Court, New York County (Allen M.…
Fortson v. City Transit Authority Page 51197
Order, Supreme Court, New York County (White, J.), entered March 14,1984, granting defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion denied.…
People v. Shomo Page 51198
Order, Supreme Court, New York County (Edwin Torres, J.), entered on March 31, 1983, unanimously affirmed, and defendant’s request for permission to file a supplemental brief in response to the respondent’s brief, and for other relief, denied in its entirety.…
People v. Gaddy Page 51199
Judgment, Supreme Court, New York County (Burton Roberts, J.), rendered on September 14, 1982, unanimously affirmed.…
People v. Benitez Page 51200
Judgment, Supreme Court, New York County (Peter McQuillan, J.), rendered on June 16, 1983, and judgment of said court (Carol Berkman, J.), rendered on December 12, 1983, unanimously affirmed, and the motion for leave to serve and file a supplemental pro se brief denied.…
People v. Ferguson Page 51201
— Judgment, Supreme Court, New York County (John Leon-forte, J.), rendered on June 22, 1983, unanimously affirmed.…
People v. Foster Page 51202
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on January 12, 1983, unanimously affirmed.…
The plaintiffs appeal from an order, Supreme Court, New York County (Edward Greenfield, J.), entered May 4, 1981, which granted the motion of defendant Foundation Life Insurance Company of America (Foundation) to dismiss the complaint; and plaintiffs appeal from a subsequent order of the same court, entered June 10…
Briton v. Knott Hotels Corp. Page 51204
Order, Supreme Court, New York County (Martin Evans, J.), entered December 28, 1984, which denied plaintiffs’ motion pursuant to CPLR 3122 to strike defendant’s notice for discovery and inspection, and directed the production of tax returns requested thereunder, is reversed, on the law, the facts and in the exercise…
Order of the Supreme Court, New York County (Greenfield, J.), entered March 13, 1984, which granted defendants’ motion to dismiss the complaint, is reversed, on the law, and the motion to dismiss is denied, with costs and disbursements payable to plaintiff.…
People v. Hibbler Page 51206
Judgment, Supreme Court, New York County (Hornblass, J.), rendered December 8, 1982, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him to an indeterminate term of imprisonment of from 4% to 9 years, unanimously affirmed.…
Alba v. Ford Motor Co. Page 51207
Order, Supreme Court, New York County (Alfred Ascione, J.), entered March 13, 1984, which granted the motion of the defendant and third-party plaintiff Ford Motor Company (Ford) for renewal and reargument and, upon reargument and renewal, inter alia, adhered to that part of the prior order, entered October 24, 1983…
Deutsche Anlagen-Leasing GMBH v. Kuehl Page 51208
Order, Supreme Court, New York County (Sherman, J.), entered on December 13,1984, denying plaintiffs’ motion to renew, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion granted and, upon renewal, plaintiffs’ order of attachment granted on September 17,1984 against…
People v. Rivera Page 51209
Judgment, Supreme Court, New York County (Thomas Galligan, J., and a jury), rendered on December 3,1981, convicting defendant of manslaughter in the first degree, two counts of attempted murder in the second degree and assault in the first degree and imposing concurrent sentences of 12V2 to 25 years’ imprisonment on…
Appeal from order of the Supreme Court, New York County (Edward Lehner, J.), entered on May 18, 1983, unanimously dismissed as moot, without costs and without disbursements.…
People v. Quiles Page 51211
Upon reargument and reconsideration of the reply brief, this court adheres to its original determination contained in its order of February 21, 1985 (108 AD2d 1104), unanimously affirming the judgment of the Supreme Court, Bronx County (Eugene Nardelli, J.), rendered on September 7, 1983.…
People v. Michael P. Page 51212
Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered on March 11, 1983, unanimously affirmed.…
People v. Coleman Page 51213
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on February 25, 1983, unanimously affirmed.…
Limited v. Howard Page 51214
Order of the Supreme Court, New York County (Ira Gammerman, J.), entered on April 26, 1984, which granted plaintiff’s motion to renew and, upon renewal, granted defendant’s cross motion for summary judgment dismissing the complaint, is affirmed, without costs or disbursements.…
Brown v. Board of Trustees of the Police Pension Fund of the Police Department of New York Page 51215
Order and judgment (one paper) of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered on or about November 14, 1983, which annulled a determination of the Board of Trustees of the Police Pension Fund, Article II (the Board of Trustees) and directed that the Board of Trustees award petitioner an…
Order of the Supreme Court, New York County (Alfred M.…
In re Luis N. Page 51217
Order of the Family Court, New York County (Sara P.…
People v. Nieves Page 51218
Judgment of the Supreme Court, Bronx County (Joseph A.…
People v. Davila Page 51219
Judgment, Supreme Court, New York County (Baer, J.), rendered September 15, 1983, convicting defendant, after a jury trial of rape in the first degree, sodomy in the first degree, and assault in the second degree and sentencing him to three concurrent indeterminate terms of imprisonment of 5 to 15 years, unanimously…
Soltex Thread Co. v. Rueff Bros. Page 51220
Order, Supreme Court, New York County (McQuillan, J.), entered October 10, 1984, denying the motion of defendant and third-party plaintiff Great American Surplus Lines Insurance Company for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion…
Judgment, Supreme Court, New York County (Shaheen, J.), entered on July 31, 1984, unanimously modified, on the law and the facts, and a new trial ordered solely on the issue of damages, and otherwise affirmed, without costs or disbursements, unless the plaintiff, within 20 days after service upon his attorney of a…
Reed v. Esplanade Gardens, Inc. Page 51222
Order, Supreme Court, New York County (Andrew Tyler, J.), entered May 10,1984, which disposed of a motion by defendants Esplanade Gardens, Inc. (Esplanade), George Pringle (Pringle) and Levenson and Ule, Esqs.…
People v. Bendell Page 51223
Judgment, Supreme Court, New York County (Baer, J.), rendered October 14,1983, convicting defendant, after jury trial, of bribery in the second degree and imposing a fine of $3,500, reversed, on the law, and remanded for a new trial.…
BBIG Realty Corp. v. Ginsberg Page 51224
Order, Supreme Court, New York County (Shorter, J.), entered April 12, 1984, which denied third-party defendant’s motion to dismiss the third-party *92complaint, unanimously reversed, on the law, the motion granted and the third-party complaint dismissed, with costs.…
Order, Supreme Court, New York County (Blyn, J.), entered November 29,1984, which denied plaintiff’s motion to confirm the report of the referee to the extent that it found service on the individual defendant Barzvi proper, and which vacated an order of the Supreme Court, New York County (Sandifer, J.), dated…
Queens Avon Co. v. Gerstenhaber Page 51226
Order of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered April 9,1984, granting plaintiff’s motion to stay arbitration, reversed, on the law, with costs, the motion denied and the stay vacated.…
Aiello v. McGuire Page 51227
Order and judgment (one paper), Supreme Court, New York County (Edward Greenfield, J.), entered on June 11, 1984, unanimously affirmed for the reasons stated by Edward Greenfield, J., without costs and without disbursements.…
In re McAllan Page 51228
Order, Supreme Court, New York County (Allen Myers, J.), entered on November 3, 1983, unanimously affirmed for the reasons stated by Allen Myers, J., without costs and without disbursements.…
People v. Petty Page 51229
Judgment, Supreme Court, New York County (Shirley Levittan, J., at plea and sentence; Jeffrey Atlas, J., at hearing on defendant’s motion to controvert the search warrant), rendered on December 6, 1983, unanimously affirmed.…
People v. Tezerezas Page 51230
Judgment, Supreme Court, New York County (Dennis Edwards, Jr., J., at sentence; Peggy Bernheim, J., at suppression hearing), rendered on April 11, 1984, unanimously affirmed.…
People v. Rivera Page 51231
Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on September 20, 1983, unanimously affirmed.…
People v. Grant Page 51232
Judgment, Supreme Court, New York County (Livingston Wingate, J.), rendered on November 19, 1982, unanimously affirmed.…
Zak v. One East 100th Street Physicians Page 51233
Judgment, Supreme Court, New York County (Robert Groh, J.), entered on May 4, 1984, unanimously affirmed, without costs and without disbursements.…
Akivis v. Sixty Four Reade Corp. Page 51234
Order of the Supreme Court, New York County (Louis Grossman, J.), entered February 27, 1984, denying the motion of defendants Elliot Goldberg and Irving Port for summary judgment, modified, on the law, to the extent of granting the motion as to the first cause of action and, except as so modified, affirmed, without…
Wyser-Pratte v. Wyser-Pratte Page 51236
Order of the Supreme Court, New York County (Ostrau, J.), entered on or about November 13, 1984, which, inter alia, granted defendant-respondent’s motion for modification of maintenance to the extent of referring the matter to Trial Term for a hearing to determine whether there has been a change in…
People v. Screven Page 51237
Judgment of the Supreme Court, New York County (Felice Shea, J.), rendered December 9,1981, convicting appellant of murder in the second degree and robbery in the first degree and sentencing him to an indeterminate life sentence with a minimum of 18 years, is reversed, on the law and as a matter of discretion in the…
Brown v. Badem Buildings Page 51238
Order of the Supreme Court, New York County (Stanley Ostrau, J.), entered on May 1, 1984, which denied the cross motion of defendant Badem Buildings for summary judgment declaring defendant Elarat to be the tenant in possession of apartment 5-A in premises 469 West 57th Street, New York City, and entitled to exercise…
Teiner v. Homayoon Page 51239
Order of the Supreme Court, New York County (S.…
People v. Casiano Page 51240
Judgment, Supreme Court, New York County (Peter J.…
People v. Santiago Page 51241
Motion granted to the extent of amending the order of this court entered on April 23, 1985, and the memorandum decision filed therewith (110 AD2d 569), to direct dismissal of the indictment, with leave to respondent to resubmit appropriate charges to the Grand Jury, and the matter remanded to the Trial Term for the…
Barrows v. Rozansky Page 51242
Order of the Supreme Court, New York County (Edwards, J.), entered December 4,1984, denying plaintiff’s motion for a preliminary injunction, vacating the temporary restraining order previously granted by Justice Stecher and sua sponte dismissing the complaint for failure to state a cause of action, is reversed, on the…
People v. Anderson Page 51243
Order of the Supreme Court, New York County (H.…
Delaney v. Delaney Page 51244
Resettled judgment, Supreme Court, Bronx County (Silbowitz, J.), entered October 30, 1984, granting a divorce in favor of defendant wife and providing, inter alia, for the payment of maintenance of $200 per week to defendant, unanimously modified, on the law and on the facts and in the exercise of discretion, without…
Morgan v. El Al Israel Airlines, Ltd. Page 51245
Order of the Supreme Court, New York County (Wright, J.), entered September 13, 1984, granting, on various conditions, plaintiffs-respondents’ motion to file a statement of readiness and note of issue nunc pro tunc and denying defendant-appellant El Al’s cross motion to dismiss, is reversed, on the law, with costs…
Order, Appellate *113Term, First Department, entered July 13, 1984, which affirmed an order of the Civil Court (E.…
Shamley v. ITT Corp. Page 51247
Order, Supreme Court, New York County (Stanley Ostrau, J.), entered on January 16,1985, unanimously affirmed, without costs and without disbursements.…
Ferrick v. City of New York Page 51248
Order of the Supreme Court, New York County (Greenfield, J.), entered May 6, 1983, which denied the motion for *114summary judgment dismissing the complaint as to the New York City Transit Authority and the two defendants-appellants, transit police officers, modified, on the law without costs, to dismiss the first…
Cugini v. System Lumber Co. Page 51249
Order, Supreme Court, New York County (Helen Freedman, J.), entered August 8, 1984, which granted plaintiff-respondent’s motion for an extension of time to file a note of issue to September 14, 1984 and conditionally granted appellant and third-party defendant C.…
Kalker v. Columbus Properties, Inc. Page 51250
Order of the Supreme Court, New York County (Richard Wallach, J.), entered December 19,1984, which denied plaintiff’s motion and defendant’s cross motion for summary judgment, is unanimously reversed, on the law, by granting plaintiffs partial summary judgment with respect to the enforceability of the lease, granting…
Palitz v. Palitz Page 51251
Order of the Supreme Court, New York County (S.…
Lefkowitz v. Mr. Man, Ltd. Page 51252
Order of the Supreme Court, New York County (B.…
Allen & Co. v. Shearson Loeb Rhoades, Inc. Page 51253
Order, Supreme Court, New York County (William P.…
People v. Anderson Page 51254
Judgment, Supreme Court, Bronx County (Salman, J.), rendered March 21,1983, convicting defendant of burglary in the first degree and robbery in the second degree and sentencing her to concurrent indeterminate terms of imprisonment of from 4 to 12 and 3 to 9 years, respectively, unanimously modified, on the law, to…
Philippson v. Hexalon Real Estate, Inc. Page 51255
Order, Supreme Court, New York County (Alan J.…
Escobar v. New York Hospital Page 51256
Judgment of the Supreme Court, New York County (Giaccio, J.), entered April 16, 1984, granting defendant New York Hospital’s motion to dismiss the complaint, is reversed, on the law, without costs, the complaint is reinstated and the case is remanded for a new trial against defendant New York Hospital.…
Gleich v. Kissinger Page 51257
Order, Supreme Court, New York County (Andrew R.…
Petition to compel respondents to comply with the order of the State Division of Human Rights dated September 22, 1983, unanimously granted, without costs and without disbursements, and respondents directed to comply with the requirements of paragraph 1 of the State Division of Human Rights order dated September 22…
People v. Rodriguez Page 51260
Judgment of resentence, Supreme Court, New York County (Robert Haft, J.), rendered on September 28, 1983, unanimously affirmed.…
People v. Quevedo Page 51261
Judgment, Supreme Court, Bronx *134County (John Collins, J.), rendered on May 22, 1984, unanimously affirmed.…
Hammer v. Hammer Page 51262
lant. — Order, Supreme Court, New York County (Stanley Ostrau, J.), entered on January 28,1985, unanimously affirmed, without costs and without disbursements and motion to strike appellant’s brief and for other relief denied.…
People v. Love Page 51263
Judgment, Supreme Court, New York County (Howard E.…
Parietti v. City of New York Page 51264
Order, Supreme Court, New York County (Wright, J.), entered February 10, 1984, denying plaintiff’s motion for summary judgment in an action to recover a certain rare coin and damages, modified, on the law, on the facts, and in the exercise of discretion, without costs, to join as a party to this action, pursuant to…
Property Clerk v. Batista Page 51265
Order of the Supreme Court, New York County (William P.…
— Order, Supreme Court, New York County (Wolin, J.), entered August 1, 1984, setting aside a jury verdict in favor of the defendant, New York Property Insurance Underwriting Association, in this action to recover under an insurance policy, entering a verdict on liability in favor of the plaintiff, and directing a new…
Upon remittitur from the Court of Appeals, order, Supreme Court, New York County (Leonard Cohen, J.), entered on May 22, 1984, unanimously affirmed, and the parties are directed to settle an order at Special Term so as to provide for new dates for the examination of the defendant doctors.…
Peter A. v. Graham-Windham Page 51268
Orders, Family Court of the State of New York, New York County (Sheldon Rand, J.), entered on October 24, 1983, unanimously affirmed, without costs and without disbursements.…
Matchton v. Russell Page 51269
Order, Supreme Court, New York County (Alfred Ascione, J.), entered on or about May 23,1984, unanimously affirmed, without costs and without disbursements; and the appeal from the order of said court (Edward Greenfield, J.), entered on or about January 22, 1985, dismissed as waived.…
Lopez v. Lopez Page 51270
Appeals from an order, Supreme Court, New York County (Hortense Gabel, J.), entered on or about September 20, 1984, and from a judgment of said court entered thereon on September 21,1984, withdrawn, without costs to either party as against the other, per stipulation dated May 13, 1985.…
People v. Rivera Page 51271
Judgment, Supreme Court, New York County (Frederic Berman, J.), entered on July 12, 1978, unanimously affirmed.…
Benedict v. Lownds Page 51272
Leave, sua sponte, granted to appellant to appeal to this court and, upon appeal, order, Supreme Court, New York County (Alvin Klein, J.) entered on April 16, 1984, unanimously affirmed.…
People v. Lestishock Page 51273
Judgment rendered April *14021, 1983 in Supreme Court, New York County (Robert M.…
Order and judgment (one paper), Supreme Court, New York County (Blyn, J.), entered November 7, 1984, dismissing a petition in a CPLR article 78 proceeding which sought to vacate a decision of the Board of Standards and Appeals dated January 11,1984, which affirmed a previous decision of the Department of Buildings…
Berman v. Berman Page 51275
Order, Supreme Court, New York County (Irving Kirschenbaum, J.), entered September 25,1984, granting plaintiff’s motion for leave to serve an amended complaint, modified, on the law, to the extent of striking from the prayer for relief paragraph n, demanding equitable distribution as alternate relief, and otherwise…
People v. Black Page 51276
Judgment of the Supreme Court, Bronx County (Duncan S.…
In re Elliott Page 51277
Motion for a hearing before a referee, and for other relief, denied in its entirety.…
People v. Wright Page 51278
Judgment, Supreme Court, New York County (Irving Lang, J., at trial and sentence; Schwalb, J., at persistent felony offender hearing), rendered on June 24, 1980, unanimously affirmed.…
In an action *144pursuant to RPAPL 601 and 631 to recover possession of real property, defendant appeals (1) from an order of the Supreme Court, Nassau County (Wager, J.), dated May 22, 1984, which, inter alia, denied its motion for summary judgment and granted plaintiff’s cross motion for summary judgment and (2), as…
Cataldo v. New York State Thruway Authority Page 51280
In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Court of Claims (Lengyel, J.), entered May 20,1983, which is against it and in favor of the claimant in the principal sum of $2,125,000 and claimant cross-appeals, upon the ground of inadequacy, from so much of…
Chase Manhattan Bank v. Powell Page 51281
In an action for a judgment of foreclosure and sale, defendants Gerald A.…
Czuchta v. Bribitzer Page 51282
In an action to recover damages for assault, etc., plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), entered November 29,1983, as granted defendant’s motion to vacate a default judgment entered against her and permitted her to serve a notice of appearance and answer.…
Farr v. Farr Page 51283
In a matrimonial action, defendant husband appeals from an order of the Supreme Court, Westchester County (Wood, J.), entered January 17, 1984, which granted renewal, and, upon renewal, granted plaintiff wife’s application to discontinue the action with prejudice.…
Federal Insurance v. Allstate Insurance Page 51284
In an action for a declaratory judgment, the defendant appeals from (1) an order of the Supreme Court, Rockland County (Donovan, J.), dated June 27, 1984, which, inter alia, declared that the defendant was required to provide coverage pursuant to its insurance policy issued to John E.…
Galioto v. Galioto Page 51285
In an action to recover on a debt, plaintiffs appeal from an order of the Supreme Court, Dutchess County (Wood, J.), dated August 17, 1984, which denied their motion pursuant to CPLR 3213 for summary judgment in lieu of complaint and granted defendant’s cross motion for summary judgment dismissing the action.…
Gelhaus v. Pearl River School District Page 51286
In an action, inter alia, to recover damages for personal injuries sustained by the infant plaintiff, plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Coppola, J.), dated February 3, 1984, which is in favor of the defendant, upon a jury verdict.…
Glick v. M. A. Hittner & Sons, Inc. Page 51287
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Westchester County (Beisheim, J.), entered August 4, 1983, which, upon a jury verdict, was in favor of defendants.…
Karashik v. Brenner Page 51288
In a medical malpractice action to recover damages for personal injuries, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated February 24, 1984, as denied her motion to preclude defendants’ expert doctor from testifying with regard to the etiology of plaintiff’s injuries…
Markel v. Broadway Garage Page 51289
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Orange County (Isseks, J.), entered January 27, 1984, which was in favor of defendants, after a jury verdict.…
In an action to recover damages for personal injuries, etc., and wrongful death, defendants Volkswagen of America, Inc., Volkswagenwerk, A.G., and Clarkstown Central School District No. 1 appeal from an order of the Supreme Court, Rockland County (Nastasi, J.), dated March 20,1984, which denied their motions for…
Morett v. Minasy Page 51291
Order of the Supreme Court, Nassau County, dated June 20, 1984, affirmed, with costs, for reasons stated in the memorandum of Justice Pantano at Special Term.…
In an action, inter alia, to recover damages for breach of contract, the appeal is from a judgment of the Supreme Court, Kings County (Kartell, J), dated December 8, 1983, which (1) denied appellants’ motion, inter alia, to vacate an interlocutory judgment dated February 16, 1982, and to grant a new trial on the issue…
Ninth Federal Savings & Loan Ass'n v. Gray Page 51293
Order of the Supreme Court, Westchester County, dated April 6, 1984, affirmed, with costs, for the reasons stated by Justice Ferraro at Special Term (see also, Matter of Smith v McManus & Sons, 101 AD2d 890).…
Raphael v. Cohen Page 51294
Appeals by defendants in action No. 1 from an order of the Supreme Court, Westchester County (Gurahian, J.), dated January 19, 1981, which, inter alia, granted plaintiffs’ motions to deem the bill of particulars timely served and to consolidate two actions brought by the plaintiffs and denied defendants’ cross motion…
In an action to recover damages for moneys had and received, unjust enrichment and conspiracy to defraud, for replevin of certain chattels and for an accounting, plaintiff appeals from an order of the Supreme Court, Queens County (Graci, J.), dated August 17,1984, which denied its motion for a preliminary injunction…
Romanoff v. Romanoff Page 51296
In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Rockland County (Kelly, J.), entered January 9, 1984, as, (1) granted the plaintiff wife pendente lite maintenance of $100 per week and child support of $100 per week, (2) directed him to pay realty taxes, water…
In re Gray Page 51342
Motion by respondent to stay the proceeding to punish the respondent for his alleged professional misconduct, pending the outcome and determination of the criminal proceeding pending in the Supreme Court, Westchester County, entitled People v Gray, under indictment No. 85-00240.…
In re Capanegro Page 51343
Motion by Michael J. Capanegro, a disbarred attorney for reinstatement as an attorney and counselor-at-law.…
Altana, Inc. v. Schansinger Page 51344
In an action to recover damages for breach of contract, breach of fiduciary duties and unfair competition arising out of restrictive covenants in an employment contract, plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Jones, J.), dated April 19, 1985…
Barbarita v. Shilling Page 51345
In an action for specific performance of a contract to sell real property and a summary proceeding to recover possession of that property, Frank Barbarita and Rocco Barbarita appeal from so much of an order of the Supreme Court, Putnam County (Beisheim, J.), entered June 13,1984, as granted William A.…
Balancio v. American Optical Corp. Page 51346
In an action to recover damages for abusive discharge from an at-will employment, prima facie tort, and breach of contractual rights to severance and incentive bonus pay, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered October 28…
Billington v. Billington Page 51347
In a matrimonial action, the defendant wife appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered June 11, 1984, which denied her motion, pursuant to Domestic Relations Law § 237, inter alia, for an award of reasonable accountant’s fees and appraisal fees, pendente lite, and to strike…
Bird v. Bird Page 51348
In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Ferraro, J.), dated November 10,1983, as, in denying the plaintiff wife’s motion to amend the parties’ judgment of divorce so as to incorporate but not merge therein the…
Britez v. National Car Rental Page 51349
In an action, inter alia, to recover damages for pain and suffering and lost wages under the provisions of the Comprehensive Automobile Insurance Reparations Act (Insurance Law former § 670 et seq.), plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Leviss…
Buegler v. Walsh Page 51350
Appeal by defendants from an order of the Supreme Court, Richmond County (McBrien, J.), dated January 2, 1985, which granted plaintiffs’ motion for a preliminary injunction and directed that, pending a full trial on the issues raised, the defendants be enjoined, inter alia, from removing trees and other foliage for…
Calderon v. County of Westchester Page 51351
In an action to recover damages for false arrest and false imprisonment, plaintiff appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered May 17, 1984, which granted defendant’s motion for summary judgment.…
Cassano v. Cassano Page 51352
In a matrimonial action, the defendant wife appeals (1) as limited by her notice of appeal and brief, from so much of an amended judgment of the Supreme Court, Queens County (Miller, J.), dated September 4, 1984, as denied her an award of maintenance, limited child support to $95 per week for support of the parties’…
Conte v. Brill Page 51353
In a medical malpractice action, defendants appeal, as *211limited by their briefs, (1) from so much of an order of the Supreme Court, Kings County (Composto, J.), dated November 30, 1983, as granted plaintiff’s motion to amend the complaint to allege a cause of action for wrongful death; and (2) from so much of an…
In two consolidated actions to recover payments under insurance policies, defendants in action No. 1 appeal from (1) an order of the Supreme Court, Kings County (Lawrence, J.), dated August 5, 1981, which set aside the original verdict in favor of plaintiff in action No. 1, on the ground of inadequacy, severed the two…
Elzer v. Nassau County Page 51355
In a personal injury action, defendant County of Nassau appeals from so much of an order of the Supreme Court, Nassau County (Burstein, J.), dated December 14, 1984, as denied its cross motion for summary judgment dismissing the complaint, insofar as it is asserted against it.…
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Velsor, J.), entered December 12, 1983, which was in favor of defendant Country Lincoln Mercury Sales, Inc., upon a jury verdict.…
Fahey v. County of Nassau Page 51357
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim and for an order deeming the service of a summons and complaint timely, the appeals are from (1) an order of the Supreme Court, Nassau County (Meade, J.), dated September 27, 1983, which denied the application, and…
Futterman v. Mintzer Page 51358
In a medical malpractice action to recover damages for personal injuries etc., plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated June 17, 1983, which denied their motion for a new trial; and (2) a judgment of said court, entered July 1, 1983, which was in favor of…
In an action to recover damages for breach of an indemnity contract, defendant MT Security Service Corp. appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County (DiPaola, J.), entered February 27, 1984, as awarded plaintiff the principal sum of $650,000 payable by appellant…
Katz v. Katz Page 51360
In a matrimonial action, the defendant husband appeals from a judgment of the Supreme Court, Rockland County (Ferraro, J.), dated January 30, 1984, which, inter alia, granted the plaintiff *221wife a divorce and dismissed his counterclaim for the same relief, directed that he pay to the plaintiff the sum of $50 per…
Kobylack v. Kobylack Page 51361
In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Westchester County (Slifkin, J.), dated September 22, 1981, as, after a nonjury trial, (1) ordered equitable distribution of the marital property with 72% of the value thereof to the plaintiff…
Masella v. Masella Page 51362
In a matrimonial action, the plaintiff wife appeals from so much of an order of the Supreme Court, Westchester County (Palella, J.), dated December 31, 1984, as denied that branch of her motion which was for a preliminary injunction enjoining the defendant husband from selling or transferring his interest in a…
Nevruzoglu v. Otsego Mutual Fire Insurance Page 51363
In an action to recover under a policy of insurance for a burglary loss, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated May 22, 1984, which granted plaintiff’s motion to vacate the dismissal of its complaint and restore the action to the Trial Calendar.…
Reisman v. Theodore Page 51364
In an action to recover attorney’s fees allegedly owed, plaintiff appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated January 10, 1984, which denied his motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.…
In a special proceeding for the turnover of funds held by respondent as escrowee, petitioner appeals from a judgment of the Supreme Court, Westchester County (Isseks, J.), entered May 2, 1984, which denied the application as premature.…
St. James Plaza v. Notey Page 51366
In an action, inter alia, for a declaratory judgment to recover damages for fraud and for an accounting, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Orgera, J.), dated February 27,1984, which granted the plaintiff’s motion for partial summary judgment on its fourth cause of action…
Abbondola v. County of Nassau Page 51367
In proceedings pursuant to Family Court Act § 236, the County of Nassau appeals from orders of the Family Court, Nassau County (Dempsey, J.), all entered October 30, 1984, which granted summary judgment to the petitioners awarding them partial reimbursement for costs incurred in connection with special education…
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Metropolitan Transportation Authority and the New York City Transit Authority to reject all bids on a certain public works contract, the appeal is from a judgment of the Supreme Court, Kings County (Aronin, J.), dated March 13…
Flaherty v. Harris Page 51369
Judgment of the Supreme Court, Westchester County (Ruskin, J.), dated September 16, 1981, affirmed, without costs or disbursements {see, Matter of Amato v Ward, 41 NY2d 469; cf Wolff v McDonnell, 418 US 539).…
Ostaseski v. Board of Trustees Page 51370
In an action, inter alia, for a judgment declaring Local Laws, 1983, No. 1 of Incorporated Village of Centre Island invalid, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Wager, J.), entered October 23, 1983, as amended by order dated December 19, 1983, which, upon the motion of the village…
In re the State of Rosa Page 51371
In a proceeding to fix the tax on the estate of the deceased under Tax Law article 26, petitioner executor Michigan National Bank appeals from an order of the *240Surrogate’s Court, Queens County (Laurino, S.), dated March 1, 1984, which fixed the amount of estate tax on the estate at $36,336.73.…
Smith v. Tomlinson Page 51373
— Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Mayor of the City of Beacon, dated April 22, 1983, which, after a hearing, sustained two charges of misconduct against petitioner and dismissed her from employment with the respondent City of Beacon Police Department.…
Zakian v. Flynn Page 51374
In a proceeding pursuant to CPLR article 78 to compel respondent to convene a new county convention of the Westchester County Committee of the Conservative Party of New York State to elect new members-at-large from the City of Yonkers to the executive committee and to declare a vacancy on the county committee…
People v. Basora Page 51375
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered July 20, 1981, convicting him of assault in the first degree and endangering the welfare of a child, after a nonjury trial, and imposing sentence.…
People v. Brown Page 51376
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), *249rendered March 21, 1981, convicting him of robbery in the first degree, criminal possession of stolen property in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing…
People v. Cheek Page 51377
Appeal by defendant from two judgments of the Supreme Court, Kings County (Moskowitz, J.), both rendered February 3, 1983, convicting him of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Crespo Page 51378
Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered July 21, 1982, convicting him of criminal mischief in the fourth degree (two counts) and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Cusick Page 51379
Appeal by defendant from three judgments of the Supreme Court, Richmond County (Felig, J.), all rendered April 13,1983, convicting him of attempted burglary in the third degree under each of three indictments, upon his pleas of guilty, and imposing sentences.…
People v. Davis Page 51380
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered November 13, 1980, convicting him of attempted murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to two concurrent terms of imprisonment of 5 to 15…
People v. Harrison Page 51381
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered May 1,1981, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Jackson Page 51382
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered April 29, 1982, convicting him of grand larceny in the second degree and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. James Page 51383
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered April 14, 1982, convicting him of robbery in the first degree, criminal possession of stolen property in the first degree, criminal use of a firearm in the first degree, and unauthorized use of a vehicle, upon a jury verdict…
People v. Jarvis Page 51384
Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered February 23,1984, convicting him of murder in the second degree (two counts), criminal possession of a weapon in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.…
People v. Johnston Page 51385
Appeal by defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered April 21,1983, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Jones Page 51386
Appeal by defendant from a judgment of the Supreme Court, Kings County (Cooperman, J.), rendered July 15, 1982, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Mack Page 51388
Appeal by defendant from a judgment of the Supreme Court, Kings County (Clemente, J.), rendered August 7,1981, convicting him of murder in the second degree, attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing…
People v. Malphurs Page 51389
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered January 11, 1979, convicting him of rape in the first degree and robbery in the first degree, upon a jury verdict, and sentencing him to concurrent, indeterminate terms of imprisonment of 6% to 20 years.…
People v. Maxwell Page 51390
Appeal by defendant from two judgments of the County Court, Suffolk County (Mallon, J.), both rendered February 17, 1983, convicting him of two counts of burglary in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Morano Page 51391
Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered March 16, 1984, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing…
People v. Owens Page 51392
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered May 19, 1982, convicting him of attempted criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence.…
People v. Owens Page 51393
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered September 22,1981, convicting him of attempted manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Rogers Page 51394
Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered January 7, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Rota Page 51395
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered September 12,1983, convicting him of criminal possession of stolen property in the second degree, after a nonjury trial, and imposing sentence.…
People v. Swinson Page 51396
Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered April 12,1983, 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. Tiedemann Page 51397
Appeal by defendant from a judgment of the County Court, Orange County (Colabella, J.), rendered November 3, 1983, convicting him of coercion in the second degree, after a nonjury trial, and imposing sentence.…
People v. Torres Page 51398
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered April 16, 1984, convicting him of robbery in the third degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment with a maximum of four years.…
People v. Torres Page 51399
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered January 11, 1980, convicting him of murder in the second degree, robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and *282sentencing him, as a second felony offender…
People v. Womble Page 51400
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered March 17,1983, convicting her of grand larceny in the second degree and fraudulent accosting, upon a jury verdict, and sentencing her to an indeterminate sentence of IV2 to AV2 years’ imprisonment and a concurrent definite…
In re Kushner Page 51401
Proceeding, pursuant to statute (Judiciary Law, § 90 [4]), by the Grievance Committee for the Second and Eleventh Judicial Districts (1) to suspend the respondent Alexander Kushner, an attorney and counselor-at-law admitted to practice by this court on December 19, 1962, immediately from the practice of law based upon…
Abram v. Lyon Steel Rigging Corp. Page 51402
In an action to recover damages for wrongful death, defendants Formigli Corp. (Formigli) and Elmwood Park, Inc. (Elmwood) separately appeal from a judgment of the Supreme Court, Kings County (Lawrence, J.), entered July 28, 1983, which is in favor of plaintiff and against them in the principal sum of $450,977, upon a…
In an action on a default judgment prosecuted by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Brucia, J.), entered March 30, 1984, which, after a hearing on the issues of whether defendant was…
Baisley v. Town of Kent Page 51404
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19, 1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the…
Chandler v. Flynn Page 51405
In a negligence action to recover damages for personal injuries, etc., defendant Avis Rent A Car (Avis) appeals from (1) a judgment of the Supreme Court, Nassau County (DiPaola, J.), dated March 30,1984, which, after an admission of liability by Avis, awarded plaintiffs money damages in the total principal amount of…
Colello v. Town of Kent Page 51406
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Diodato v. Eastchester Development Corp. Page 51407
In an action, inter *304alia, to recover damages for fraud in the inducement to enter into a contract, to recover damages for breach of that contract, and for specific performance thereof, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Delaney, J.)…
D'Urso v. Scuotto Page 51408
In an action for partition of real property, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Morton, J.), dated December 5, 1983, as, after a nonjury trial, declared that defendant was the owner in fee simple of the subject premises located at 16th Avenue in…
Gainer v. Gainer Page 51409
In a matrimonial action, defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Posner, J.), dated February 25, 1983, as, after a nonjury trial, (1) directed him to pay plaintiff wife $50 per week for her maintenance for a period of five years; (2) directed…
Fitzsimmons v. Town of Kent Page 51410
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19, 1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the…
Horman v. Town of Kent Page 51413
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiff appeals from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
I.P.X. Construction Corp. v. Mergenthaler Page 51414
In a mortgage foreclosure action, defendants and third-party plaintiffs appeal (1) from an order of the Supreme Court, Suffolk County (Orgera, J.), dated *311April 27,1984, which (a) granted third-party defendants’ motion to dismiss the third-party complaint pursuant to CPLR 3211 (a) (5), and (b) denied their cross…
Katonica v. Town of Kent Page 51416
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Levy v. Town of Kent Page 51420
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiff appeals from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19, 1983, which, upon the motion of the *314defendants Putnam County and Putnam County Board of Health to dismiss the…
Madden v. Town of Kent Page 51422
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Nappi v. Town of Kent Page 51424
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Protz v. Town of Kent Page 51427
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Robinson v. Robinson Page 51428
In a matrimonial action, the plaintiff husband appeals from (1) so much of an order of the Supreme Court, Nassau County (McGinity, J.), dated August 2,1983, as granted that branch of the defendant wife’s motion which was to vacate and set aside a stipulation entered into by the parties in open court on March 30, 1983…
Sauer v. Town of Kent Page 51429
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Skala v. Skala Page 51431
— In an action for divorce, the plaintiff wife appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered April 19,1985, which, upon a jury verdict in favor of the defendant husband, dismissed her complaint.…
Snow v. Town of Kent Page 51432
In a negligence action to recover damages for *320personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the…
In an action to recover damages for breach of contract and fraud, defendants appeal from so much of an order of the Supreme Court, Nassau County (Pantano, J.), dated January 4, 1984, as denied that branch of their motion which was to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).…
White v. Town of Kent Page 51435
In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint…
Zucker v. County of Rockland Page 51438
In an action, inter alia, to recover damages for defamation, defendant Westchester Rockland Newspapers (hereinafter WRN) appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated July 6, 1984, which denied its motion for summary judgment.…
Bennett v. Collins Page 51439
In a proceeding pursuant to CPLR article 78 to prohibit the appellant Patricia D.…
Ebanks v. Perales Page 51440
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated February 28,1983, who, after a fair hearing, denied petitioner’s application to expunge a record maintained in the State-wide central register of child abuse and maltreatment reports.…
In re Gelderman Page 51441
Appeal from an order of the Supreme Court, Nassau County (Roberto, J.), issued July 27, 1984, which, in effect, denied the application of the Division of New York State Police to quash a subpoena duces tecum.…
Gentile v. Levine Page 51442
Order of the Family Court, Queens County, dated December 20, 1983, affirmed, with costs, for the reasons stated in the memorandum of Judge Gilman at the Family Court.…
Luongo v. Luongo Page 51443
In a habeas corpus proceeding by a father to obtain custody of the children of the parties from the mother, the father appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), dated November 16, 1984, which dismissed the writ on the ground that the mother had removed herself and the children…
In re the State of Rathborne Page 51444
In a proceeding for a judicial settlement of the first intermediate account of the executors of the will of Georgie Winship Rathborne, the objectant appeals from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated December 29, 1983, which approved the said account of the executors, including the…
People v. Alver Page 51445
Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered March 17, 1983, convicting him of burglary in the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Alver Page 51446
Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 25, 1983, convicting him of burglary in the third degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Briggs Page 51447
Appeal by defendant from a judgment of the Supreme Court, Queens County (Di Tucci, J.), rendered January 30, 1984, convicting him of attempted burglary in the second degree, possession of burglar’s tools and criminal trespass in the third degree, upon a jury verdict, and imposing sentence.…
People v. Brown Page 51448
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered January 6, 1982, convicting him of murder in the second degree, burglary in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Cosme Page 51449
Judgment of the County Court, Westchester County (Kepner, J.), rendered September 28, 1982, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Santiago, 100 AD2d 857; People v Moore, 91 AD2d 1050).…
People v. Cowan Page 51450
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered December 9, 1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Crutchfield Page 51451
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered November 3, 1982, convicting him of murder in the second degree (two counts), attempted murder in the second degree, manslaughter in the second degree (two counts), attempted robbery in the first degree (two counts)…
People v. Green Page 51452
Appeal by defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered September 15, 1982, convicting him of robbery in the first degree and criminal use of a firearm in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Guerrero Page 51453
Appeal by the People from an order of the Supreme Court, Kings County (Fuchs, J.), dated June 1, 1982, which granted defendant’s motion pursuant to CPL 330.30 (1) to set aside a jury verdict and ordered a new trial.…
People v. Harris Page 51454
Appeal by defendant from a judgment of the Supreme Court, Kings County (McShane, J.), rendered July 14, 1980, convicting him of murder in the second degree, robbery in the first degree and criminal possession of a weapon ip the second degree, upon a jury verdict, and imposing sentence.…
People v. Innes Page 51455
Motion by the People for an order granting reargument of the appeal in the above-entitled case, decided by decision and order of this court, both dated January 14, 1985 (107 AD2d 712).…
People v. Khan Page 51456
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered June 30,1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Panico Page 51457
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered February 5, 1982, convicting him of six counts of peijury in the first degree, upon a jury verdict, and imposing sentence.…
In an action to recover the balance due under a written contract, plaintiff appeals from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 6, 1984, which denied its motion for summary judgment.…
Bakas Restaurant, Inc. v. Charos Page 51460
In an action for a declaratory judgment to interpret, inter alia, a rent escalation provision in a commercial lease, plaintiff lessee appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated June 7, 1984, which, upon a written stipulation of facts, dismissed the complaint and *361granted…
Cobbs v. Run Transit, Inc. Page 51461
In an action to recover damages for personal injuries sustained in an automobile accident, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated June 22, 1984, as, upon granting reargument and vacating his default in appearing at oral argument of…
Datlof v. Turetsky Page 51462
In an action to impress an equitable lien upon certain real property, plaintiff appeals from an order of the Supreme Court, Nassau County (Berman, J.), dated October 4, 1983, *365which, inter alia, granted defendant’s motion to dismiss the complaint for failure to state a cause of action.…
Dolitsky v. Bay Isle Oil Co. Page 51463
In two actions to recover damages for fraud in connection with the purchase óf real property, defendants appeal from two judgments of the Supreme Court, Suffolk County (Tanenbaum, J.), both entered April 29, 1983, each of which granted judgment to plaintiff in the principal sum of $2,500, the amount of his deposit…
Appeal by the *367Motor Vehicle Accident Indemnification Corporation (MVAIC) from a judgment of the Supreme Court, Kings County (Held, J.), dated January 6, 1984, which, after a “framed issue” trial, determined a disclaimer of insurance coverage by Allstate Insurance Company (Allstate) was valid.…
Franco v. Zeltser Page 51465
In an action to vacate or remove a judgment lien on real property, the Jewish Week and the American *368Examiner, Inc. appeals from so much of a judgment of the Supreme Court, Richmond County (Rubin, J.), dated December 9, 1983, as vacated its lien upon the property.…
Gkanios v. Siembab Page 51466
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cerrato, J.), entered March 22, 1984, which granted the defendants’ motion to change venue from Bronx County to Westchester County.…
Hollingsworth v. County of Suffolk Page 51467
In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated April 23,1984, which denied its motion pursuant to CPLR 510 to change the place of trial.…
Howard v. Ciorciari Page 51468
In an automobile negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Kelly, J.), entered October 6, 1983, as denied their cross motion for leave to enter a judgment against defendant Ryan based…
Kahrs v. Kahrs Page 51469
In an action for divorce, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Geiler, J.), dated July 3, 1984, as denied those branches of his motion which sought leave to amend his answer and for an order granting reverse partial summary judgment.…
Lane v. Bankers Life & Casualty Co. Page 51470
In an action to recover damages for breach of an insurance policy, plaintiffs *372appeal from an order of the Supreme Court, Westchester County (Marbach, J.), entered January 6, 1984, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.…
Martin v. Eagle Hill Foundation, Inc. Page 51471
In a taxpayer action for a judgment declaring Resolution No. 1568-81 of the Suffolk County Legislature to be null and void; declaring a proposed lease of certain real property owned by the defendant Suffolk County to defendant Eagle Hill Foundation, Inc., of New York, to be void; declaring any resolution authorizing…
Medico v. State Page 51472
Proceeding pursuant to CPLR article 78 to review respondent’s determination dated February 22, 1984, which revoked petitioner’s motor vehicle operator’s license because of his refusal to submit to a chemical breathalyzer test following his arrest for driving while intoxicated.…
Moore v. Moore Page 51473
In a proceeding, inter alia, for support, the husband appeals from so much of an order of the Supreme Court, Nassau County (Samenga, J.), dated January 23, 1984, as granted that branch of the wife’s motion as sought leave to enter judgment against him in the amount of $1,600, representing arrears in child support…
O'Neil v. Port Authority of New York Page 51474
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County (Becker, J.), entered October 11, 1983, which, at the close of plaintiff’s case, dismissed her complaint as against both defendants, at a jury trial.…
Passas v. Razis & Ross Page 51475
In an action to recover damages for breach of contract, fraud and legal malpractice, plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated March 6, 1984, as, upon denying defendants’ motion to dismiss the action for failure to timely serve a complaint, granting…
In an action to recover a sum of money due and owing under a written agreement, defendant appeals from an order of the Supreme Court, Nassau County (Becker, J.), entered February 6, 1984, which granted plaintiff’s motion for summary judgment against defendant and directed that a judgment be entered in favor of…
Slavin v. Levine Page 51478
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Ardsley, dated August 8, 1983, which granted a variance for use of the subject premises as a veterinary hospital and boarding kennel for cats and dogs.…
In an action to collect unpaid hospital bills and attorney’s fees pursuant to Insurance Law former article XVIII, plaintiff Smithtown General Hospital appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated April 4,1984, which granted defendant Allstate Insurance Company’s motion to the extent of…
Solomon v. City of New York Page 51480
In consolidated negligence actions to recover damages for personal injuries, the City of New York appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Vaccaro, J.), dated May 25, 1983, as, upon a jury verdict apportioning fault in the happening of the subject accident at 35%…
English v. Seigerman Page 51481
In a proceeding, inter alia, to review the invalidation by the respondent Seigerman, as clerk of the Legislature of the County of Rockland, of a petition for a referendum on Local Laws, 1985, No. 1 of County of Rockland, and to compel the respondents to conduct such a referendum, the petitioners appeal (1) from an…
Lebensbaum v. Adelphi University Page 51482
Proceeding pursuant to Exec*394utive Law § 298 (as amended L 1984, ch 83, § 3) to review a determination of the New York State Division of Human Rights, dated July 1,1983, which, after an investigation, found there to be no probable cause to believe that respondent Adelphi University engaged in the unlawful…
Merritt v. Coughlin Page 51483
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the State Department of Correctional Services denying petitioner’s request, in effect, for the return of his missing papers, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.)…
Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated February 3, 1984, which dismissed petitioner’s charge of sex discrimination against respondent.…
In a proceeding pursuant to CPLR article 78, the appeal is from a judgment of the Supreme Court, Queens County (Kunzeman, J.), dated September 12, 1983, which granted a petition to annul so much of a determination of the New York City Conciliation and Appeals Board as directed a refund of rent overcharges to prior…
People v. Adams Page 51486
Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered April 14,1983, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence as a second violent felony offender.…
People v. Bencevi Page 51487
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered April 13, 1982, convicting him of criminal possession of a controlled substance in the first degree, bribery in the second degree, promoting gambling in the first degree, possession of gambling records in the first degree…
People v. Bishop Page 51488
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 28, 1983, convicting him of robbery in the second degree (two counts), attempted rape in the first degree and sexual abuse in the first degree (two counts), after a nonjury trial, and imposing sentence.…
People v. Boute Page 51489
Appeal by defendants Cadette Sawyer and Raymond Boute from two judgments (one as to each of them) of the Supreme Court, Kings *399County (Kooper, J.), both rendered November 16,1982, convicting them of reckless endangerment in the first degree and criminal possession of a weapon in the second degree (two counts), upon…
People v. Boxill Page 51490
Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered June 30,1983, convicting him of robbery in the first degree (four counts) and robbery in the second degree (four counts), upon a jury verdict, and imposing sentence.…
People v. Bussey Page 51491
Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered October 6,1981, convicting him of manslaughter in the first degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Butler Page 51492
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered June 6,1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Charles Page 51493
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered October 18, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence of an indeterminate term of 15 years to life imprisonment.…
People v. Figueroa Page 51494
Reargument of an appeal by defendant from a judgment of the Supreme Court, Queens County (Weiss, J.), rendered December 7, 1979, convicting him of criminal sale of a controlled substance in the sixth degree, criminal possession of a controlled substance in the sixth degree, criminal sale of marihuana in the fourth…
People v. Flores Page 51495
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered August 25, 1981, 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. Fludd Page 51496
Appeal by defendant from 12 judgments of the Supreme Court, Queens County (Ferraro, J.), each rendered November 12,1982, convicting him of attempted burglary in the second degree, robbery in the third degree, burglary in the second degree, and robbery in the first degree (nine counts), upon his pleas of guilty, and…
People v. Gale Page 51497
Appeal by defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), *408rendered May 9, 1983, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Gale Page 51498
Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered June 20,1983, convicting him of criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Gale Page 51499
Appeal by defendant from two judgments of the County Court, Nassau County (Harrington, J.), both rendered May 6,1982, convicting him of peijury in the first degree, grand larceny in the second degree and forgery in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Gilberti Page 51500
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered October 20, 1981, convicting him of murder in the second degree, robbery in the first degree (two counts), and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Gillette Page 51501
Appeal by defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), *409rendered June 14, 1983, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence as a second felony offender.…
People v. Gordon Page 51502
Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered March 15, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Higgs Page 51503
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered July 27, 1982, convicting him of attempted robbery in the first degree (three counts), attempted robbery in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing…
People v. Hoffman Page 51504
Appeal by defendant, as limited by his brief, from so much of a judgment of the County Court, Suffolk County (Sherman, J.), rendered June 8, 1983, as convicted him of forgery in the second degree, upon a jury verdict, and imposed sentence.…
People v. Jackson Page 51505
Appeal by defendant from a *412judgment of the Supreme Court, Kings County (Sullivan, J.), rendered April 6, 1983, convicting him of robbery in the second degree and assault in the second degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment of 4 to 12 years on the robbery count and…
People v. Jackson Page 51506
Appeal by defendant from a judgment of the County Court, Westchester County (Marlow, J.), rendered June 18, 1984, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the fourth degree, criminally using drug paraphernalia in the second…
People v. Mashack Page 51507
Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered August 17, 1983, convicting him of murder in the second degree (felony murder), manslaughter in his first degree, attempted robbery in the first degree (two counts), attempted robbery in the second degree, and unlawful…
People v. Morris Page 51508
Appeal by defendant from two judgments of the Supreme Court, Westchester County (Wood, J.), both rendered July 7,1982, one convicting him of robbery in the third degree and grand larceny in the second degree, under indictment No. 81-00359-01, and the other convicting him of burglary in the third degree, attempted…
People v. O'Neil Page 51509
Appeal by defendant from a *415judgment of the Supreme Court, Kings County (Maraño, J.), rendered June 13, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Pryce Page 51510
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered November 4, 1981, convicting him of murder in the second degree (two counts), burglary in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Shaw Page 51511
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 21, 1979, convicting him of murder in the second degree (six counts) and arson in the third degree, upon a jury verdict, and sentencing him to three consecutive indeterminate prison terms of 25 years to life to run…
People v. Symes Page 51512
Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 20, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Washington Page 51513
Appeal by defendant from a judgment of the Supreme Court, Kings County (Shaw, J.), rendered January 6, 1982, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.…
People v. Watson Page 51514
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered June 30, 1982, convicting him of robbery in the first degree, robbery in the second degree, and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People ex rel. Brady v. Scully Page 51515
In a habeas corpus proceeding, the petitioner appeals from a judgment of the *420Supreme Court, Dutchess County (Jiudice, J.), dated February 10, 1983, which, after a hearing, dismissed the writ.…
People v. Heyward Page 51516
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered September 17,1982, convicting defendant upon his plea of guilty of the crime of murder in the second degree.…
People v. Lewis Page 51517
Appeal from a judgment of the County Court of Sullivan County (Scheinman, J.), rendered September 19,1983, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the second degree.…
People v. Turner Page 51518
Appeal, by permission, from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered December 19, 1983, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of rape in the first degree, without a hearing.…
People v. Ramos Page 51519
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered October 29,1982, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.…
People v. Rivera Page 51520
Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 17,1983, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.…
People v. Strauf Page 51521
Appeal from a judgment of the County Court of Cortland County (Mullen, J.), rendered January 11,1984, upon a verdict convicting defendant of the crime of assault in the second degree.…
Burlett v. County of Saratoga Page 51522
Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered April 20, 1984 in Saratoga County, upon a verdict rendered at Trial Term (Mercure, J.).…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 29, 1982, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on sex.…
Bell v. County of Warren Page 51524
Appeal from a judgment of the Supreme Court at Special Term (Mercure, J.), entered May 14, 1984 in Warren County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to be reinstated to her former position as social work assistant for respondent County of Warren with back pay…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated October 19, 1983, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on disability.…
Kaskel v. New York State Tax Commission Page 51526
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a gift tax imposed under Tax Law article 26-A.…
Brenner v. Sweizer Page 51527
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered June 7,1984 in Rensselaer County, which denied defendant’s motion to vacate a default judgment.…
Berkowitz v. Berkowitz Page 51528
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered April 11, 1984 in Otsego County, upon a decision of the court at Trial Term (Harlem, J.), without a jury.…
Rote v. George St. Peter Page 51529
Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered May 16, 1984 in Montgomery County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.…
Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered July 5, 1984 in Schenectady County, which granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.…
Westbrook v. George Distributing, Inc. Page 51531
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered December 19, 1983 in Broome County, upon a verdict rendered at Trial Term (Smyk, J.).…
Rodriguez v. Messenger Page 51532
Appeal from an order of the Supreme Court at Special Term (Connor, J.), entered November 22, 1983 in Sullivan County, which denied defendant Carol Sheiner’s motion for summary judgment dismissing the complaint.…
Fischer v. Connor Page 51533
Appeal from an amended judgment of the Supreme Court in favor of defendant, entered September 12, 1984 in Saratoga County, upon a dismissal of the complaint by the court at Trial Term (Brown, J.), at the close of plaintiff’s case.…
Safier v. Cohl Page 51534
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered May 18, 1984 in Sullivan County, which denied defendants’ motion to strike plaintiff’s note of issue and to compel plaintiff to accept defendants’ answers.…
Conway v. McCarthy Page 51535
Appeal from an order of the Supreme Court at Trial Term (Kahn, J.), entered July 10, 1984 in Albany County, which denied defendant’s motion to vacate a stipulation incorporated into a judgment of divorce in favor of plaintiff.…
Frankel v. Frankel Page 51536
J. Appeal from that part of an order of the Supreme Court at Special Term (Bradley, J.), entered February 29, 1984 in Sullivan County, which found nonparty witnesses guilty of contempt and fined them for their misconduct.…
Vermette v. Kenworth Truck Co. Page 51537
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered February 16,1984 in Albany County, which denied a motion by defendant Green Truck Supply, Inc., for summary judgment dismissing the complaint and all cross claims against it.…
Appeal from a judgment of the Supreme Court at Special Term (Klein, J.), entered February 15,1984 in Albany County, which dismissed petitioner’s application pursuant to CPLR 7510 to confirm an arbitration award.…
Oppedisano v. New York Mutual Underwriters Page 51539
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered May 11, 1984 in Albany County, which, inter alia, granted defendants’ motion for a protective order.…
Benenson v. Axelrod Page 51540
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent Commissioner of Health which reduced petitioner’s Medicaid reimbursement rates for the years 1972 and 1973.…
Nelson v. LeFevre Page 51541
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered September 24, 1984 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the determination of a Superintendent’s proceeding finding petitioner guilty of violating certain…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which held petitioner liable for deficiencies in payment of sales or use taxes imposed under Tax Law article 28.…
Cardinale v. Chu Page 51543
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a personal income tax assessment imposed under Tax Law article 22.…
Whitaker v. McGee Page 51544
Appeal (1) from an order of the Supreme Court at Special Term (Ford, J.), entered October 9, 1984 in Clinton County, which granted the cross motion of defendants John J.…
Dervay v. Dervay Page 51545
Appeal from an order of the Family Court of Broome County (Whiting, Jr., J.), entered *463September 26, 1984, which denied petitioner’s application to remove the parties’ child from this State.…
Callahan v. Gutowski Page 51546
Appeal from that part of an order of the Supreme Court at Special Term (Cobb, J.), entered September 6, 1984 in Albany County, which granted plaintiff’s cross motion to dismiss the counterclaim contained in the amended answer of defendant Andrew Gutowski.…
In re the Claim of Panek Page 51547
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 21, 1984, which ruled that claimant was entitled to receive benefits.…
Appeal from an order of the Supreme Court at Special Term (Fischer, J.), entered August 21, 1984 in Broome County, which denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties and granted respondent’s cross petition to compel arbitration.…
Edelman v. Axelrod Page 51549
Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered August 29,1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as untimely.…
Zehner v. County of Rensselaer Page 51550
Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered July 25, 1983 in Rensselaer County, which denied petitioner’s applica*470tion for the appointment of a guardian ad litem and assignment of counsel to represent him in a civil lawsuit brought against him while incarcerated in the…
Checho v. State Tax Commission Page 51551
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which partially sustained personal income tax and unincorporated business tax assessments imposed under Tax Law articles 22 and 23.…
People v. Jacques Page 51552
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 1, 1983, convicting defendant upon his plea of guilty of the crime of murder in the second degree.…
Felder v. Jones Page 51553
Appeal from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered March 1, 1984 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of a Superintendent’s proceeding finding petitioner guilty of violating certain…
People v. Palmer Page 51554
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered February 24, 1984, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the third degree.…
Geddes v. Wilmot Page 51555
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of a Superintendent’s proceeding which found petitioner guilty of violating a disciplinary rule.…
Alvarado v. LeFevre Page 51556
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered May 9, 1984 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating…
Kozlowski v. City of Amsterdam Page 51557
Appeal from an order of the Supreme Court at Trial Term (Crangle, J.), entered December 16, 1983 in Montgomery County, which denied plaintiff’s motion to set aside a verdict in favor of defendant.…
People v. Sharland Page 51558
Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.), rendered May 14, 1984, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the first degree.…
Scott v. Coughlin Page 51559
Appeal from a judgment of the Supreme Court at Special Term (Pennock, J.), entered February 10, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of jurisdiction.…
Sapp v. LeFevre Page 51561
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain disciplinary rules.…
Mitchell v. Mitchell Page 51562
Appeal from an order of the Supreme Court in favor of defendant, entered January 3, 1983 in Sullivan County, upon a decision of the court at Trial Term (Vogt, J.), without a jury.…
Arfin v. Ambach Page 51563
Appeal from a judgment of the Supreme Court at Special Term (Bradley, J.), entered March 16, 1984 in Albany County, which dismissed petitioners’ applications, in two proceedings pursuant to CPLR article 78, to annul determinations of respondent Commissioner of Education denying petitioners’ requests to have certain…
People ex rel. Brown v. O'Keefe Page 51564
Appeal from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered August 27, 1984 in St. Lawrence County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.…
Marin v. Board of Elections Page 51565
Petitioners rely on Town of Islip Town Committee v Leo (71 AD2d 624) as support for their contention that they should be granted leave to amend the petition to bring in necessary parties, not heretofore named, on the ground that the haste involved in Election Law matters is not present here.…
Tinkler v. Chu Page 51566
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State Tax Commission which sustained an unincorporated business income tax assessment imposed under Tax Law article 23.…
Saveca v. Reilly Page 51567
Cross appeals from an order of the Supreme Court at Special Term (Amyot, J.), entered December 15,1983 in Fulton County, which denied plaintiff’s motion for leave to amend the ad damnum clause and the parties’ cross motions for summary judgment.…
Ebert v. Van-Mar Developers, Inc. Page 51568
Appeal from an order of *496the Supreme Court at Special Term (Doran, J.), entered June 21, 1984 in Saratoga County, which granted the motion by defendants Van-Mar Developers, Inc., and Insurance Company of North America for summary judgment dismissing the complaint as against them.…
Cross appeals from that part of an order of the Supreme Court at Special Term (Hughes, J.), entered February 14, 1984 in Columbia County, which (1) denied defendant Sargent, Webster, Crenshaw & Folley’s motion for summary judgment dismissing the complaint and granted plaintiff’s motion for summary judgment dismissing…
People v. Sovie Page 51570
Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.), rendered September 10,1984, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the second degree.…
Mahar v. Mahar Page 51571
Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered August 27, 1984 in Fulton County, which denied defendant’s motion for summary judgment.…
Smith v. Coughlin Page 51572
Appeal from a judgment of the Supreme Court at Special Term (Graves, J.), entered February 9, 1984 in Washington County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Correctional Services finding petitioner guilty of…
Board of Education v. State Page 51573
Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered August 28, 1984 in Albany County, which granted defendants’ motions to dismiss the complaint.…
(1) Cross appeals from an order of the Supreme Court at Special Term (Lee, Jr., J.), entered September 11, 1984 in Chenango County, which, inter alia, denied a motion by plaintiffs County of Chenango Industrial Development Agency and Morton-Norwich Products, Inc., for an order severing claims and cross claims asserted…
Weyl v. Weyl Page 51575
Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered March 28, 1984 in Montgomery County, upon a decision of the court at Trial Term (Crangle, J.), without a jury.…
Rashbaum v. Ambach Page 51576
Cross motions to dismiss proceeding granted, without costs (see, Matter of Johnson v New York State Retirement Sys., 90 AD2d 573).…
People ex rel. Negron v. Jones Page 51577
Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied (see, People ex rel.…
People v. Wolcott Page 51578
Appeals from a judgment of the County Court of Chemung County (Monroe, J.), rendered January 28, 1983, upon verdicts convicting defendant of the crimes of sodomy in the first degree (four counts), sodomy in the second degree (two counts) and sexual abuse in the first degree (two counts).…
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered November 1,1982 in Albany County, which, in an application pursuant to Judiciary Law § 753, enjoined respondents from engaging in coercive tactics which interfered with petitioners’ rights.…
People v. Taylor Page 51580
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered May 18, 1983, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree.…
Lee v. Ambach Page 51581
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to annul a determination of respondent Commissioner of Education which suspended petitioner’s license to practice medicine for one year and stayed such suspension pending petitioner’s compliance with terms of…
People v. Rodriguez Page 51582
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered September 10, 1982, upon a verdict convicting defendant of the crimes of attempted murder in the second degree and promoting prison contraband in the first degree.…
People v. Sanders Page 51583
Appeal from a judgment of the County Court of Cortland County (Mullen, J.), rendered October 20, 1983, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree.…
People v. Tyler Page 51584
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered October 12, 1983, upon a verdict convicting defendant of the crime of robbery in the second degree.…
People v. Thompson Page 51585
Appeal from a judgment of the County Court of Broome County (Smyk, J.), rendered June 23, 1980, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.…
People v. Santiago Page 51586
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered September 2,1983, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.…
Moreland v. Ambach Page 51587
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to annul a determination of respondent Commissioner of Education which revoked petitioner’s license to practice medicine in New York State.…
Heins v. Commissioner of Education Page 51588
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4] to annul a determination of respondent which revoked petitioner’s license to practice medicine in New York State.…
Kyle v. Kyle Page 51589
Cross appeals, in both actions, from an amended order of the Supreme Court, entered October 25, 1984 in St. Lawrence County, upon a decision of the court at Trial Term (Viscardi, J.), without a jury.…
Brady v. Coughlin Page 51590
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered August 30,1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of personal jurisdiction.…
Kadan v. Volkswagen of America, Inc. Page 51591
Appeal from an order of the Supreme Court at Special Term (Williams, J.),.…
Cherchio v. Alley Page 51592
Appeals (1) from an order of the Supreme Court at Special Term (Cholakis, J.), entered April 2, 1984 in Albany County, which, inter alia, denied plaintiff’s cross motion for leave to serve an amended complaint, and (2) from an order of said court, entered July 17, 1984 in Albany County, which denied plaintiff’s motion…
Appeal from a resettled judgment of the Supreme Court in favor of plaintiffs, entered *543June 21,1984 in Sullivan County, upon a decision of the court at Trial Term (Torraca, J.), without a jury.…
Belvin v. Belvin Page 51594
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered June 27, 1984 in Fulton County, which granted plaintiff’s motion to relieve him of his obligation to pay temporary child support so long as defendant withholds visitation.…
Lenahan v. Goucher Page 51595
Appeal from a judgment *547of the Supreme Court in favor of plaintiffs, entered May 7, 1984 in Ulster County, upon an order rendered at Trial Term (Bradley, J.), which granted plaintiffs’ motion to vacate so much of the verdict as assessed culpable conduct on the part of plaintiffs and ordered judgment entered on the…
Nevader v. Deyo Page 51596
Appeal from an order of the Supreme Court at Special Term (Dier, J).…
County of Chemung v. Fenwal, Inc. Page 51597
Appeal from that part of an order of the Supreme Court at Special Term (Crew, J.), *552entered June 13,1984 in Chemung County, as amended by order entered July 10, 1984, which granted plaintiff’s motion to compel defendant Fenwal, Inc., to answer certain interrogatories.…
City of Elmira v. Larry Walter, Inc. Page 51598
Cross appeals from an order of the Supreme Court at Trial Term (Swartwood, J.), entered June 25, 1984 in Chemung County, which (1) granted defendant Newman and Doll, Consulting Engineers’ motion for a severance and separate trial of claims and cross claims asserted against it; (2) granted plaintiff’s motion for a…
Cusano v. General Electric Co. Page 51600
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered June 15, 1984 in Schenectady County, which denied motions by defendants General Electric Company, Defense Apparel Anti-C Protection, Inc., and Defense Apparel, Inc., for summary judgment dismissing the complaint as against them.…
Toth v. Newport Page 51601
Appeal from an order of the Supreme Court at Special Term (Tait, J.), entered April 11,1984 in Madison County, which denied defendant Robert Newport’s motions for summary judgment dismissing the complaints as to him and for reargument.…
Helman v. County of Warren Page 51602
Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered October 30, 1984 in Warren County, which denied defendant County of Warren’s motion for summary judgment dismissing the complaint.…
People v. Brugman Page 51603
Appeals (1) from a judgment of the County Court of Chemung County (Monroe, J.), rendered April 2, 1982, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree, and (2) from a judgment of said, court, rendered April 2, 1982, convicting defendant, upon his plea of guilty, of…
People v. Davis Page 51604
Appeal from a judg*564ment of the County Court of Albany County (Harris, J.), rendered May 4,1983, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the third degree.…
People v. Plunkett Page 51605
Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered September 19, 1983, upon a verdict convicting defendant of the crimes of grand larceny in the second degree and criminal possession of stolen property in the second degree.…
People v. Goss Page 51607
Appeal from a judgment of the County Court of Montgomery County (White, J.), rendered January 18, 1984, convicting defendant, upon his plea of guilty, of the crime of burglary in the second degree.…
Burback v. Gerace Page 51608
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review respondent’s determination which revoked petitioner’s domestic animal health permit for the period ending March 31, 1982 and refused to renew said permit for the period…
People v. Price Page 51609
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered March 8, 1984, upon a verdict convicting defendant of the crime of burglary in the first degree.…
C. Wayne Motors, Inc. v. Somers Page 51610
Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered March 20, 1984 in Essex County, which granted plaintiff’s motion for permission to deposit the sum of $300 with the receiver of certain real property, directed that plaintiff receive a credit for such disbursement and denied defendant’s…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated July 18,1983, which found that petitioner was guilty of an unlawful discriminatory practice based on sex.…
Stein v. Lebowitz-Pine View Hotel, Inc. Page 51612
Appeal (1) from a judgment of the Supreme Court in favor of plaintiff, entered April 11, 1984 in Albany County, upon a verdict rendered at Trial Term (Kahn, J.), and (2) from an order of said court, entered May 29, 1984 in Albany County, which denied defendant’s motion to set aside the verdict.…
Kehn v. Cooley Volkswagen Corp. Page 51613
(1) Appeal from a judgment of the Supreme Court in favor of plaintiff Donald Kehn, entered May 2, 1984 in Saratoga County, upon a verdict rendered at Trial Term (Mercure, J.), and (2) cross appeals from a judgment of said court *576in favor of plaintiff Julie Kehn, entered May 2,1984 in Saratoga County, upon a verdict…
Faure v. Chesworth Page 51614
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent Superintendent of State Police which dismissed petitioner from his position as a State trooper.…
Johnakin v. Racette Page 51615
Appeal from a judgment of the Supreme Court at Special Term (Crangle, J.), entered July 24, 1984 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating…
Isabell v. Thumm Page 51616
Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered June 12, 1984 in Broome County, upon a verdict rendered at Trial Term (Fischer, J.), and a decision of said court which partially granted defendants’ motion to set aside the verdict.…
Appeals (1) from an order of the Supreme Court at Special Term (Conway, J.), entered June 7, 1984 in Albany County, which conditionally granted plaintiff’s motion to strike defendant’s answer, and (2) from an order of said court, entered August 22, 1984 in Albany County, which denied defendant’s motion to renew the…
Appeal from an order of the County Court of Warren County (Moynihan, Jr., J.), entered August 10, 1984, which denied defendant’s motion to vacate a default judgment entered against him.…
Kotler v. LeFevre Page 51619
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Clinton County) to annul a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain disciplinary rules.…
Sarris v. Kuhn Page 51620
Appeal from a judgment of the County Court of Fulton County in favor of plaintiff, entered August 13, 1984, upon a decision of the court at Trial Term (Lomanto, J.), without a jury.…
Morgan v. Eitt Page 51621
Appeal from an order and judgment of the Supreme Court at Special Term (Doran, J.), entered August 27, 1984 in Washington County, which granted plaintiff’s motion for summary judgment.…
Bamberger Polymers, Inc. v. Chu Page 51622
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a corporation franchise tax assessment imposed against petitioner under Tax Law article 9-A.…
Stiles v. Phelan Page 51623
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in St. Lawrence County) to review respondent Peter Phelan’s determination which found petitioner guilty of misconduct and, inter alia, imposed a 30-day suspension.…
Van Noy v. Corinth Central School District Page 51624
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered October 1, 1984 in Saratoga County, which denied defendant’s motion for partial summary judgment dismissing the complaint of plaintiff Margaret Woodside.…
Appeal from a judgment of the Supreme Court at Trial Term (Walsh, Jr., J.), entered August 7, 1984 in Fulton County, which dismissed petitioner’s application, pursuant to CPLR 7503, to stay arbitration between the parties.…
Rock v. Murphy Page 51626
Appeal from a judgment of the Supreme Court at *594Special Term (Connor, J.), entered May 2, 1985 in Rensselaer County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to declare Local Laws 1984, No. 4 of Rensselaer County invalid.…
Duffy v. Horton Memorial Hospital Page 51627
Motions for reargument denied without costs.…
Rodriguez v. Coughlin Page 51628
Motion for permission to appeal from order, treated as an application, pursuant to CPLR 5704 (a), to review an order of Supreme Court at Special Term, which denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78.…
Flowers v. Jones Page 51629
Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner’s applications for orders to show cause to commence proceedings against respondents pursuant to CPLR article 78.…
In re Katz Page 51630
Respondent was admitted to the Bar by the Appellate Division, Fourth Department, in 1946.…
*293OPINION OF THE COURT Petitioner, a not-for-profit corporation, has applied for permission to construct a 240-bed residential health care facility in the community of Lake Ronkonkoma, Suffolk County.…
People v. Snyder Page 52023
OPINION OF THE COURT On February 15, 1981, defendant, while operating a motor vehicle, was involved in an accident in which the driver of the other vehicle died as a result of massive injuries sustained in that accident.…
Sharlot v. Sharlot Page 52024
OPINION OF THE COURT Respondent had initially been required to pay $100 per week for maintenance of petitioner and support of the parties’ child.…
In re Oestericher Page 52025
OPINION OF THE COURT Respondent Henry Ralph Oestericher was admitted to practice in the Second Department on March 27, 1957 and has maintained an office for the practice of law within the First Judicial Department at all relevant times.…
OPINION OF THE COURT Francis E. Jastremsky died on November 28,1981 from injuries resulting from an accident.…
McCasland v. McCasland Page 52027
OPINION OF THE COURT The action underlying this appeal was commenced by plaintiff on June 14, 1984 by service of a summons and complaint upon *319defendant in Florida.…
OPINION OF THE COURT The facts giving rise to this dispute date back to 1969.…
Troy Publishing Co. v. Dwyer Page 52029
OPINION OF THE COURT A felony complaint dated August 15,1984 charged respondent David M.* with murder, robbery and burglary.…
Aldrich v. State Page 52030
OPINION OF THE COURT Claimants in these two actions are the owners of separate parcels of real estate along Slaterville Road in the Town of Caroline, Tompkins County.…
In re McCabe Page 52031
OPINION OF THE COURT Respondent was admitted to practice in the Second Judicial Department on December 20,1961.…
In re Goldstein Page 52032
OPINION OF THE COURT On March 13, 1968, the respondent was admitted to practice as an attorney and counselor-at-law in the Second Judicial Department, and, in the past, he has maintained an office for the practice of law in the First Judicial Department.…
OPINION OF THE COURT At issue on this appeal is whether, under the circumstances of this case, a release contained in a dental clinic registration form signed by the plaintiff bars him from suing to recover damages for personal injuries he allegedly incurred as a result of defendant’s malpractice.…
OPINION OF THE COURT This is an action to recover damages for personal injuries and wrongful death.…
In re Westchester Page 52035
OPINION OF THE COURT The principal issue here is whether there must be suppression of illegally seized evidence when the matter to be tried is a child protective proceeding under Family Court Act article 10.…
Couture v. Regan Page 52036
OPINION OF THE COURT The instant action involves two conflicting claims to the benefits payable upon the death of Gladys E.…
In re Silverblatt Page 52043
*2OPINION OF THE COURT Respondent was admitted to the Bar at a term of the Appellate Division, Second Department, in March 1977.…
Hospital Ass'n v. Axelrod Page 52045
*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 52046
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 52047
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 52048
*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 52050
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 52051
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 52053
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 52054
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 52055
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 52056
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 52057
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.…
SHAD Alliance v. Smith Haven Mall Page 52058
*190OPINION OF THE COURT The issue to be decided on this appeal is whether the rights of free speech and petition under our State Constitution (NY Const, art I, §§ 8, 9) protect those who wish to distribute leaflets dealing with matters of public interest and concern at a large, privately owned suburban shopping mall.…
O'Brien v. O'Brien Page 52059
OPINION OF THE COURT MARITAL PROPERTY The threshold question, simply put, is whether a professional license acquired by one spouse during the marriage but attributable to the combined efforts, in varying degrees, of both spouses, constitutes marital property subject to equitable distribution.…
*243OPINION OF THE COURT Defendant H.R.H.…
In re New York News, Inc. Page 52062
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 52063
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 52065
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.…
Nojaim Bros. v. CNA Insurance Companies Page 52066
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 52067
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 52068
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 52069
OPINION OF THE COURT This is an appeal from the grant of summary judgment dismissing the complaint.…
People v. Snipes Page 52071
Judgment, Supreme Court, Bronx County (Frank Blangiardo, J.), rendered April 5, 1983, on a jury verdict which convicted defendant of assault in the second degree (Penal Law § 120.05), a class D felony, and imposed a $75 penalty and an indeterminate sentence of 2 Vs to 7 years, unanimously modified, on the law, to…
People v. Mosley Page 52072
Judgment, Supreme Court, Bronx County (Joseph DiFede, J.), rendered June 23, 1982, convicting defendant following a jury trial of robbery in the first degree (Penal Law § 160.15) and sentencing him to a term of 2 to 6 years, affirmed.…
Appeal from order, Supreme Court, Bronx County (Maurice Grey, J.), entered December 6, 1984, denying defendants-appellants’ motion and cross motions to dismiss the complaint for failure to prosecute, unanimously dismissed for lack of jurisdiction to entertain the appeal, without prejudice and without costs.…
Caplin v. Ranhofer Page 52074
Regretfully, I am unable to join with my brethren.…
Nieves v. 331 East 109th Street Corp. Page 52075
Upon the court’s own motion, the order of this court entered on July 2, 1985 (appeals Nos. 23049-50-50A) and accompanying memorandum decision amended only to the extent of substituting "$24,534.50” in place and instead of "$25,534.50,” appearing in the recital paragraphs of both said order and memorandum decision.…
O'Henry's Film Works, Inc. v. Nabisco, Inc. Page 52076
Judgment, Supreme Court, New York County (Wright, J.), entered July 9, 1984, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211, reversed on the law and the motion denied, with costs and disbursements.…
Bullard v. Whitehall Realty Co. Page 52077
Order of the Supreme Court, Bronx County (Silbowitz, J.), entered February 21, 1985, denying plaintiffs’ motion for a preliminary injunction staying defendant Whitehall Realty Co. from selling plaintiffs’ apartment and an apartment whose insider rights were assigned to plaintiffs, pending determination of this action…
Briggins v. McGuire Page 52078
Order of Supreme Court, New York County (Richard Lee Price, J.), dated December 12, 1983 (no evidence of entry; leave to appeal granted by Price, J., in an order entered Apr.…
Levin v. Guest Page 52079
Order of the Supreme Court, New York County (A.…
Citigifts, Inc. v. Pechnik Page 52080
Order of Supreme Court, New York County (Elliott Wilk, J.), entered September 4, 1984, denying the Pechnik defendants’ motion to dismiss the complaint or for summary judgment, unanimously reversed on the law, and summary judgment is granted to defendants dismissing the complaint, with costs.…
Order, Supreme Court, New York County (Richard W.…
Order, Supreme Court, New York County (George Bundy Smith, J.), entered March 18, 1985, denying plaintiff’s motion for (1) summary judgment on its first cause of action for ejectment, (2) a preliminary injunction enjoining defendant from transferring the cooperative shares in the apartment and (3) dismissal of…
People v. Sanchez Page 52083
Judgment, Supreme Court, New York County (Goldman, J., at trial; Galligan, J., at sentence), rendered January 13, 1983, which convicted defendant of murder in the second degree and two counts of attempted murder in the second degree and sentenced him to *841prison terms of 20 years to life and two terms of 5 to 15…
People v. Horney Page 52084
Order, Supreme Court, New York County (Frederic Berman, J.), entered April 19, 1984, which, after a hearing, set aside a jury verdict finding defendant guilty of assault in the second degree on the ground of juror misconduct (CPL 330.30 [2]) and ordered a new trial, unanimously reversed, on the law and on the facts…
Heidi Associates v. Lawyers Title Insurance Page 52085
Order of the Supreme Court, Bronx County (Mercorella, J.), entered June 27, 1984, which denied defendant’s motion for summary judgment on plaintiffs first cause of action and granted plaintiffs cross motion for summary judgment on said cause, and set the matter down for an assessment of damages, affirmed, with costs.…
Wolff v. Wolff Page 52086
Judgment, Supreme Court, New York County (Tyler, J.), entered March 27, 1985, which, inter alia, dismissed the complaint and refused to compel judicial dissolution of Hot Coffee Vending Service, Inc., and instead directed the other shareholders to purchase plaintiff’s shares of stock in said corporation at fair value…
BWA Corp. v. Alltrans Express U.S.A., Inc. Page 52087
Order, Supreme Court, New York County (Ira Gammerman, J.), entered August 7, 1984, which, inter alia, granted defendant-respondent Alltrans Express U.S.A., Inc., summary judgment dismissing the complaint as against it, unanimously modified, on the law, to reverse the grant of summary judgment to Alltrans and reinstate…
Poole v. Mayer Page 52088
Order/judgment, Family Court, *854Bronx County (Judith Sheindlin, J.), entered February 1, 1985, whereby the court denied respondent-appellant’s request for an adjournment, proceeded to trial, and entered judgment thereon, reversed, on the law, without costs, and the matter remanded for an immediate hearing.…
C. I. Planning v. Weeks Page 52089
Order of the Supreme Court, New York County (Leonard Cohen, J.), entered November 9, 1984, which denied respondent Weeks’ motion for summary judgment, denied petitioner C.…
Brown v. V&R Advertising, Inc. Page 52090
Order of the Supreme *857Court, New York County (Robert E.…
Krause v. Krause Page 52091
Order of Supreme Court, New York County (Ostrau, J.), entered February 15, 1985, which, inter alia, awarded plaintiff-respondent exclusive use of the Lake Saga-more residence in alternate months conditioned upon plaintiff’s payment of a sum equal to the mortgage, utilities and taxes on said property for each month…
Franco v. Velez Page 52106
Judgment, Supreme Court, Bronx County (DiFede, J.), entered on or about August 19, 1985, which, inter alia, granted the motion *876to confirm the referee’s report and dismissed the application to validate the candidacy of the appellant for the Democratic Party nomination of Judge of the Civil Court, unanimously…
Ferrer v. Velez Page 52107
Judgment, Supreme Court, Bronx County (Joseph DiFede, J.), entered on August 19, 1985, unanimously affirmed, without costs and without disbursements.…
Starkey v. Board of Elections Page 52108
Judgment, Supreme Court, New York County (Arthur Blyn, J.), entered on August 20, 1985, unanimously affirmed, without costs and without disbursements.…
Friedman v. Board of Elections Page 52109
Judgments of the Supreme Court, New York County (Blyn, J.), entered August 20, 1985, declaring invalid the Liberal and Republican Party designations of appellant Friedman for the public office of Judge of the Civil Court of the City of New York for the *879Ninth Municipal Court District, Manhattan, directing the Board…
Jonas v. Velez Page 52113
Judgment, Supreme Court, New York County (Martin Evans, J.), entered August 21, 1985, confirming a referee’s report and invalidating the designating petition to place the name of Seymour Friedman on the ballot as a candidate for Manhattan Borough President in the Democratic primary election on September 10, 1985 and…
Rodriguez v. Rivera Page 52117
Judgment, Supreme Court, New York County (Blyn, J.), entered August 21, 1985, which invalidated the candidacy of Antonio Rivera for District Leader in the Democratic Party for the 68th Assembly District, Part C, *890unanimously reversed, on the law, without costs or disbursements, the petition to invalidate denied…
Wecht v. Glen Distributors Co. Page 52118
Order, Supreme Court, New York County (S.…
People v. Matias Page 52119
Judgment of the Supreme Court, New York County (P.…
In re the Guardianship of Alexander L. Page 52120
Order of the Family Court, New York County (Leah Marks, J.), entered July 27, 1984, which, inter alia, directed the court-appointed *903psychiatrist not to inquire into respondent’s past acts of a criminal nature or allegedly criminal nature, nor into the reasons for the presence of her attorney or into information…
Order, Supreme Court, New York County (Stanley Ostrau, J.), entered February 4, 1985, which, inter alia: (1) granted the motion of plaintiffs for a declaratory judgment and declared that the instant insurance coverage for plaintiff Arthur Spear may not be terminated as a consequence of his eligibility for, or receipt…
McLeod v. Del Toro Page 52122
Judgment of the Supreme Court, New York County (Blyn, J.), entered on August 20, 1985 which, in the first three proceedings, granted the applications of petitioners to invalidate the petitions designating Angelo Del Toro as a candidate for nomination of the Democratic Party for the public office of President of the…
Erazo v. Ruiz Page 52123
Judgment of the Supreme Court, New York County (Blyn, J.), entered on August 20, 1985 which invalidated the designating petitions of Joseph R.…
In an action to foreclose a mortgage, the appeal is from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated November 9, 1984, as denied a motion to stay the actions of a receiver theretofore appointed, and to vacate his appointment.…
Continental Bank v. White Page 52126
In a mortgage foreclosure action, the defendants White appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Kelly, J.), dated December 21, 1983, as denied that portion of their motion seeking to vacate the default judgment of foreclosure against defendant Mary White with…
In a proceeding to stay arbitration pursuant to CPLR article 75, the appeal is from an order and judgment (one paper) of the Supreme Court, Suffolk County (Lama, J.), dated April 5, 1984, which denied petitioner’s application.…
Cordero v. City of New York Page 52128
In consolidated actions, inter alia, to recover monetary damages for personal injuries and wrongful death, defendant City of New York appeals from a judgment of the Supreme Court, Kings County (Vaccaro, J.), entered October 11, 1983, which, upon a jury verdict, was in favor of (1) plaintiffs Debra Cordero and Frank…
In an action, inter alia, to recover damages for breach of contract, defendants and the intervenor-defendant appeal from an order of the Supreme Court, Westchester County (Delaney, J.), dated June 11, 1985, which granted plaintiffs’ motion for a preliminary injunction restraining defendants from interfering with…
Donohoe v. Goldner Page 52130
In an action to recover damages for personal injuries based, inter alia, on allegations of medical malpractice, defendant Melvin A.…
Ferres v. City of New Rochelle Page 52131
In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Westchester County (Marbach, J.), dated February 15, 1984, which, upon a jury verdict apportioning liabil*919ity equally between plaintiffs and defendant, was in favor of plaintiffs in the sum of $26,255.31.…
Hill v. Bresnick Page 52132
In a medical malpractice action, defendant appeals from a judgment of the Supreme Court, Kings County (Shaw, J.), dated February 24, 1984, which, after a nonjury trial, was in favor of plaintiff in the principal sum of $75,000.…
Jamaica Savings Bank v. Henry Page 52133
In an action to foreclose a mortgage on real property, plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated February 23, 1984, which granted a motion by defendant Melvin S.…
Mazza v. City of New York Page 52134
In an action to recover damages, inter alia, for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Felig, J.), dated May 8, 1984, which (1) denied their motion for leave to amend their notice of claim, and (2) granted a cross motion by the defendant City of New York to dismiss…
McFarland v. Makowski Page 52135
In an action to recover damages for personal injuries, plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered February 17, 1984, which, upon a jury verdict in her favor, awarded her the principal sum of only $10,000.…
Messina v. Portobello Page 52136
In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Richmond County (Rubin, J.), dated December 12, 1983, which granted plaintiffs’ motion to increase the ad damnum clause in their original complaint and transferred the action from the Civil…
Ordonez v. Long Island Railroad Page 52137
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County (Berkowitz, J.), entered December 1, 1983, which dismissed the complaint at the close of their case for failure to establish a prima facie case.…
In an action, inter alia, on a promissory note, plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Christ, J.), dated June 23, 1983, which granted the motion of defendant 246057 Investments, Ltd., to dismiss the complaint as against it based on lack of personal jurisdiction, and (2) a further…
Rivers v. Katz Page 52139
Order of the Supreme Court, Dutchess County (Dickinson, J.), dated October 25, 1984, and two judgments of the same court (Beisner, J.), dated December 4, 1984 and January 8, 1985, respectively, affirmed, without costs or disbursements, for reasons stated in the decisions at Special Term.…
Russo v. Osofsky Page 52140
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered February 2, 1984, upon a jury verdict in favor of the defendants, dismissing the complaint.…
In an action for a judgment declaring plaintiff’s rights under an automobile insurance policy, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Walsh, J.), dated November 23, 1983, as granted that branch of plaintiff’s motion which was for summary judgment and…
Seligman v. Mount Ararat Cemetery, Inc. Page 52142
In an action, inter alia, for declaratory relief and to recover damages for the infliction of emotional distress, plaintiffs appeal from an order of the Supreme Court, Nassau County (Molloy, J.), entered April 18, 1984, which granted defendant’s motion for summary judgment and dismissed the complaint.…
Siegel v. Obes Page 52143
Renewed motion by petitioner to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Oppido, J.), dated October 18, 1983, in the above-entitled action, on the ground that the notice of appeal was not timely served.…
In an action to declare the validity of a mechanic’s lien and to recover for labor and materials provided pursuant to contract, defendants Score Oil Corp. and Union Indemnity Insurance Company of New York appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated July 10, 1984, which denied their…
Wing v. Wing Page 52145
In an action, inter alia, to recover arrears and increase future alimony and child support payments, the defendant husband appeals from so much of an order of the Supreme Court, Dutchess County (Rosenblatt, J.), entered February 17, 1984, as, after a hearing, ordered him to *933increase his monthly alimony and child…
Zaidi v. St. John's Queens Hospital Page 52146
Order of the Supreme Court, Queens County, dated September 5, 1984, affirmed, with one bill of costs, for the reason stated by Justice Goldstein in his memorandum at Special Term.…
Franz v. Board of Education Page 52147
In a proceeding pursuant to CPLR article 78, petitioner appeals from so much of a judgment of the Supreme Court, Suffolk County (Morrison, J.), dated April 13, 1984, as dismissed the proceeding for lack of personal jurisdiction over the respondent.…
Leon v. Meehan Page 52148
In a proceeding pursuant to CPLR article 78 to review a determination of the Chief of the New York City Transit Police which terminated petitioner’s employment as a probationary police officer in the New York City Transit Police Department, the Chief of Police appeals from a judgment of the Supreme Court, Kings County…
O'Donnell v. Kirby Page 52149
In a proceeding pursuant to CPLR article 78, inter alia, to obtain the reinstatement of the petitioner to his former civil service position, the appeal is from a judgment of the Supreme Court, Suffolk County (Baisley, J.), dated January 5, 1984, which, among other things, directed the reinstatement of the petitioner…
Piazza v. Harris Page 52150
Proceeding pursuant to CPLR article 78 to review a determination of the respondent police commissioner dated July 13, 1983, which, after a hearing, found petitioner guilty of failing to answer questions truthfully and completely during a prior departmental hearing and suspended him for 20 days without pay.…
Scandola v. D'Elia Page 52151
Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the New York State Department of Social Services, dated December 12, 1983, and made after a statutory fair hearing, as affirmed a determination of the local agency not to reimburse petitioner for the rent for…
Stewart v. New York City Transit Authority Page 52153
In a proceeding pursuant to CPLR 3102 (c) for discovery to aid in bringing an action, the appeal is from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated October 15, 1984, as granted the application.…
People v. Bacchi Page 52154
Appeal by defendant from an amended judgment of the County Court, Suffolk County (Namm, J.), rendered February 28, 1985, which, after a hearing, found that defendant had violated a special condition of his probation by failing to undergo psychiatric treatment, revoked his sentence of probation, and imposed a definite…
People v. Benneman Page 52155
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered April 28, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Bernacet Page 52156
Appeal by defendant from two judgments of the Supreme Court, Kings County (Leone, J.), both rendered January 20, 1982, convicting him of attempted arson in the first degree (two counts), conspiracy in the second degree (two counts), criminal possession of a weapon in the first degree (two counts), reckless…
People v. Best Page 52157
Appeals by defendant (1) from a judgment of the Supreme Court, Queens County (Browne, J.), rendered December 20, 1980, convicting him of rape in the first degree and resisting arrest, upon a jury verdict, and imposing sentence; and (2) by permission, from an order of the same court, dated November 15, 1982, which…
People v. Blase Page 52158
Appeal by defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered April 3, 1984, convicting him of conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 52159
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lawrence, J.), rendered March 25, 1982, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.…
People v. Dean Page 52161
Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Queens County (O’Dwyer, J.), rendered November 13, 1980 and November 19, 1980, respectively, convicting them each of attempted murder in the second degree, robbery in the first degree, assault in the first degree, criminal…
People v. Fauntleroy Page 52162
Judgment of the Supreme Court, Westchester County (Reilly, J.), rendered July 7, 1980, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Gamer, 99 AD2d 596).…
People v. Garfinkel Page 52163
Appeal by the People from an order of the Supreme Court, Queens County (Brennan, J.), dated January 11, 1984, which granted the defendant’s motion to dismiss his indictment for failure to provide him with a speedy trial pursuant to CPL 30.30.…
People v. Groenwold Page 52164
Appeals by defendant from two judgments of the Supreme Court, Kings County (Owens, J.), both rendered November 11, 1983, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Hamilton Page 52165
Appeal by defendant from a judgment of the County Court, Orange County (Mishkin, J.), rendered April 30, 1984, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts) and criminal possession of a…
People v. Johnson Page 52166
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), rendered April 29, 1982, convicting him of attempted murder in the first degree, upon his plea of guilty, and imposing sentence of 15 years to life imprisonment.…
People v. Jones Page 52167
Appeal by defendant from a judgment of the Supreme Court, Kings County (Berkowitz, J.), rendered August 24, 1983, convicting him of robbery in the first and second degrees, upon a jury verdict, and imposing sentence.…
People v. La Rosa Page 52168
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered August 10, 1983, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People v. Oquendo Page 52169
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 8, 1982, convicting him of murder in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Ragusa Page 52170
Appeal by the People from an order of the Supreme Court, Queens County (Agresta, J.), dated October 28, 1983, which, after a hearing, granted defendant’s motion to suppress certain physical evidence and statements made by defendant to the police.…
People v. Salazar Page 52172
Appeal by defendant from a judgment of the County Court, Nassau County (Collins, J.), rendered March 24, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Shaw Page 52173
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Di Vernieri, J.), rendered December 14, 1979, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Spinninger Page 52174
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brown, J.), rendered August 10, 1983, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People v. Sullivan Page 52175
Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered February 22, 1983, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Tomasullo Page 52176
Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Sharpe, J.), imposed March 11, 1983, upon his conviction of robbery in the third degree, on his plea of guilty, the sentence being an indeterminate term of 2 Vi to 5 years’ incarceration.…
People ex rel. Wilson v. Rodriguez Page 52177
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Orange County (Ritter, J.), entered February 14, 1985, which dismissed the petition.…
In re Gordon Page 52178
In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or answer the petition herein containing the charges, although the time to do so has expired.…
In re Higgins Page 52179
The Grievance Committee for the Tenth Judicial District was authorized to institute a disciplinary proceeding against respondent by order of this court dated June 10, 1983.…
In re Markowitz Page 52181
Application by petitioner, a suspended attorney, whose period of suspension has expired, for reinstatement as an attorney and counselor-at-law.…
Abbene v. Chrysler Corp. Page 52182
In an action to recover damages for personal injuries, etc., defendant Chrysler Corporation appeals, as limited by its brief, (1) from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated March 13, 1984, as denied that branch of its motion which sought to conduct an additional examination of…
In an action to recover damages predicated on breach of contract and breach of warranty, defendant appeals from an order of the Supreme Court, Orange County (Weiner, J.), entered September 18, 1984, which (1) granted plaintiff’s motion to compel defendant to accept late service of the complaint, and (2) denied…
Birnham v. Birnham Page 52184
In a matrimonial action, the defendant wife appeals from (1) an order of the Supreme Court, Orange County (Rubenfeld, J.), dated September 16, 1983, which denied her motion to vacate the note of issue and certificate of readiness; (2) an order of the same court (Walsh, J.), dated February 21, 1984, which, after a…
In an interpleader action, inter alia, to determine the validity of an alleged lien interposed by defendant Jamaica Buses, Inc., defendants Jean and Bertrand Walsh appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Goldstein, J.), dated December 13, 1983, as denied their…
Carrillo v. Presti Page 52186
Order of the Supreme Court, Queens County, dated March 15, 1984, affirmed insofar as appealed from, with costs, for reasons stated by Justice Kunzeman at Special Term.…
Craft v. Mid Island Department Stores, Inc. Page 52187
In an action to recover damages for personal injuries, etc., defendant Robert Bask appeals from an order of the Supreme Court, Suffolk County (Luciano, J.), dated March 26, 1984, which denied his motion for summary judgment, and defendants Sale Knitting Company Inc., Tultex Corporation, Mid Island Department Stores…
Day v. Day Page 52188
In an action for divorce, defendant husband appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated June 19, 1984, which, inter alia, (1) granted the plaintiff wife a divorce on the ground of cruel and inhuman treatment; (2) provided that the parties’ two children shall reside with the…
Enslein v. Enslein Page 52189
In a proceeding pursuant to article 5-A of the *974Domestic Relations Law to modify the custody decree of another State, the appeal is from so much of an order of the Supreme Court, Queens County (Buschman, J.), dated June 20, 1983, as, upon reargument, adhered to its original determination, dated February 22, 1983…
Gadlin v. Gadlin Page 52190
In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Westchester County (Marasco, J.), dated October 10, 1984, which, among other things, (1) denied his motion, inter alia, to dismiss defendant wife’s application for an upward modification of child support, and (2) granted her cross…
Hill v. Westchester Aeronautical Corp. Page 52191
In an action to recover damages, inter alia, for breach of an alleged oral employment contract, and unlawful dismissal from employment in violation of Executive Law § 296 based upon age discrimination, defendants appeal from an order of the Supreme Court, Westchester County (Walsh, J.), dated July 23, 1984, which…
Holiday Investors Corp. v. M. Breger & Co. Page 52192
In an action to compel specific performance of a contract to sell real property, defendant appeals from (1) an order of the Supreme Court, Queens County (Lerner, J.), entered December 7, 1984, which denied its motion (a) to vacate plaintiffs note of issue, (b) to permit defendant to interpose an answer and…
Ildefonso v. Farrell Co. Page 52193
In an action to recover damages for personal injuries, defendant New England Engineering, Inc., appeals from (1) an order of the Supreme Court, Kings County (Aronin, J.), dated May 17, 1984, which determined that said defendant’s motion was one to reargue rather than one to renew, as characterized by said…
In an action to recover damages in quasi contract, plaintiffs appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated April 9, 1984, which (1) granted defendants’ motion to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), and (2) denied plaintiffs’ cross…
Long Island Pen Corp. v. Warshavsky Page 52195
In an action, inter alia, to recover damages for tortious interference with precontractual relations and prima facie tort, plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Vitale, J.), dated March 23, 1984, as, on defendant’s motion, dismissed the first and second causes of action of the…
Moustakas v. Bouloukos Page 52196
In an action, inter alia, for rescission of a stipulation of settlement of certain lawsuits, defendants Nicholas Bouloukos and Seacrest Diner, Inc., appeal from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered October 13, 1983, which, inter alia, granted rescission of the settlement agreement and…
In an action to recover damages based upon defendant’s alleged breach of an insurance contract with plaintiffs and "wanton willful and malicious fraud”, defendant appeals from an order of the Supreme Court, Kings County (Morton, J.), dated October 1, 1984, which denied its motion to dismiss the complaint for failure…
Smalls v. Kaufmann Page 52198
In an automobile negligence action to recover damages for personal injuries, (1) plaintiff appeals from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated September 19, 1984, as denied her cross motion to strike defendant’s fourth affirmative defense of workers’ compensation, and (2) defendant…
Starobin v. Hudson Transit Lines, Inc. Page 52199
In an action to recover damages for personal injuries, etc., plaintiff appeals from a judgment of the Supreme Court, Orange County (Marbach, J.), entered December 19, 1983, upon a jury verdict in favor of the defendant and against her.…
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Huntington, dated December 15, 1983, as amended January 12, 1984, granting the application of respondent Elwood-Huntington Realty Corp. for a special use permit and variances to erect a…
Auto Dent Collision, Inc. v. Passidomo Page 52201
Proceeding pursuant to CPLR article 78 to review an order of the respondent Commissioner of the New York State Department of Motor Vehicles, which, after a hearing, found that petitioner had violated Vehicle and Traffic Law § 398-e (1) (g) by engaging in a fraudulent or deceptive practice, Vehicle and Traffic Law §…
Consolidated Edison Co. of New York, Inc. v. New York State Department of Environmental Conservation Page 52202
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation, dated September 14, 1983, which, after a public hearing, conditioned the reconversion of units two and three of the Arthur Kill Generating Plant and unit three of the…
Fain v. Brooklyn College Page 52203
In a proceeding pursuant to CPLR article 78 to review the determinations of the Faculty-Student Discipli*993nary Committee (committee) of Brooklyn College, which, after a hearing, found petitioners guilty of certain misconduct and imposed sanctions, the appeal is from a judgment of the Supreme Court, Kings County…
Francis v. New York City Transit Authority Page 52204
Proceeding pursuant to CPLR article 78 to review a determination of respondent New York City Transit Authority dated November 3, 1982, which, after a hearing, found petitioner guilty of "deliberate * * * dawdling” and suspended him for two days without pay.…
Monaco v. Raymond Page 52205
In a proceeding pursuant to CPLR article 78 to compel respondent to remove certain material from petitioner’s personnel file, the appeals are from (1) a judgment of the Supreme Court, Westchester County (Ferraro, J.), entered January 10, 1984, which dismissed the proceeding on the merits, and (2) an order of the same…
Morehead v. Lind Page 52206
Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights, dated January 11, 1984, which dismissed the petition as untimely.…
McKenna v. State Page 52207
In claims to recover damages for personal injuries allegedly resulting from the negligent maintenance of an intersection, defendant State of New York appeals from (1) a judgment of the Court of Claims (Lengyel, J.), dated February 28, 1984, which apportioned 40% of the liability to the State and 60% of the liability…
Pisculli v. Board of Education Page 52208
Proceeding pursuant to CPLR article 78 to review so much of a determination of a disciplinary panel convened in accordance with Education Law § 3020-a and dated August 2, 1983, which, after a hearing, found petitioner guilty of certain stated charges including "misconduct” and "conduct unbecoming a teacher”, and…
In a proceeding pursuant to CPLR article 78 to review a determination of respondent New York State Department of Environmental Conservation, dated October 7, 1983, denying petitioner’s application for a permit to construct a single-family house on protected tidal wetlands, the appeal is from a judgment of the Supreme…
Rodrigues v. Rosenthal Page 52210
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of Larchmont (board), which denied petitioner an area variance for two parcels of land, (1) petitioner appeals (a) from so much of a judgment of the Supreme Court, Westchester County (Cerrato, J.), entered…
People v. Andrews Page 52211
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered February 24, 1982, convicting him of criminal possession of a weapon in the second degree, burglary in the second degree, and menacing, upon a jury verdict, and imposing sentence.…
People v. Arogundy Page 52212
Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered April 11, 1983, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Becco Page 52213
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered April 23, 1982, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Blake Page 52214
Appeal by defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered October 14, 1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Butler Page 52215
Appeal by the People from so much of an order of the Supreme Court, Queens County (Lakritz, J.), dated March 22, 1983, as, after a hearing, granted that part of the defendant’s motion which sought the suppression of certain oral statements.…
People v. Farrell Page 52216
Appeal by defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered November 10, 1981, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Fisher Page 52217
Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered May 22, 1978, convicting him of arson in the second degree, upon a jury verdict, and imposing sentence.…
People v. Forsyth Page 52218
Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 18, 1981, convicting him of bribery in the second degree, upon a jury verdict, and imposing sentence.…
People v. La Rocca Page 52219
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered November 17, 1983, convicting him of criminal sale of marihuana in the first degree and criminal possession of marihuana in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Mercado Page 52220
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered July 6, 1983, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Milea Page 52221
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered February 7, 1984, convicting him of murder in the second degree, criminal possession of a weapon in the second degree (two counts), and reckless endangerment in the second degree, upon a jury verdict, and imposing…
People v. Pasini Page 52222
Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered *1014May 9, 1983, convicting him of attempted promoting prostitution in the second degree, promoting prostitution in the third degree (13 counts), promoting prostitution in the fourth degree (two counts), and attempted…
People v. Reigada Page 52223
Appeal by defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered December 15, 1983, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Romeo Page 52224
Appeal by defendants from two judgments (one as to each of them) of the Supreme Court, Queens County (Leahy, J.), (1) rendered July 8, 1982 convicting defendant Doris Romeo of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence, and (2) rendered July 7, 1982…
People v. Sorenson Page 52225
Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered May 23, 1983, convicting him of rape in the first and third degrees, sodomy in the first degree (three counts), sodomy in the third degree (three counts), sexual abuse in the first degree, robbery in the first degree (two…
People v. Williams Page 52226
Appeal by defendant from a judgment of the County Court, Orange County (Ritter, J.), rendered August 20, 1982, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
In a habeas corpus proceeding, the appeals are from (1) a judgment of the Supreme Court, Queens County (Rotker, J.), dated January 12, 1984, which granted the petition and writ, vacated the parole revocation warrant and restored petitioner to parole status and (2) as limited by their brief, from so much of an order of…
Prospect v. Cohalan Page 52228
In consolidated proceedings pursuant to CPLR article 78, inter alia, seeking (1) to prohibit respondent Peter F.…
Balint v. Marine Midland Bank, N. A. Page 52229
In an action to recover damages, inter alia, for breach of contract, defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 16, 1984, which granted plaintiffs motion to vacate his default in the service of a timely reply to defendant’s counterclaim and to permit the…
Order of the Supreme Court, Nassau County, entered May 4, 1984, affirmed, with costs, for reasons stated in the memorandum decision of Justice Wager at Special Term.…
In action No. 1, a shareholders’ derivative action, action No. 2, inter alia, to declare that South of the Mountain Investors, Ltd. is the rightful owner of all of the outstanding shares of corporate defendant South of the Mountain Developers, Ltd., and action No. 3, to recover legal fees, plaintiff Joseph Deutsch…
Ferrari v. Small Page 52232
Order of the Supreme Court, Richmond County (Amann, J.), dated September 11, 1984, affirmed, without costs or disbursements (see, Lanza v Wells, 99 AD2d 506).…
Goldome v. Bonuch Page 52233
In an action, inter alia, for a declaratory judgment, plaintiff appeals from an order of the Supreme Court, Nassau County (Ain, J.), entered January 8, 1985, which (1) denied plaintiff’s motion for a preliminary injunction, and (2) on a cross motion by defendants Bonuch, Anderman, Roberts and Grabel, doing business as…
Gonzalez v. Schiechel Page 52234
In an automobile negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County (Jordan, J.), dated October 31, 1984, which granted defendant’s motion, inter alia, to be relieved of his default in appearing and answering, and denied her cross motion for…
Masella v. Leemilt's Flatbush Avenue, Inc. Page 52235
In an action to recover damages for fraud and conversion, defendants and third-party plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered August 30, 1984, which (1) granted those branches of plaintiff’s motion which sought (a) the dismissal of their third-party complaint, (b)…
In an action to recover damages for breach of contract in which the defendant Bekerus counterclaimed, inter alia, to recover damages for seizure and wrongful retention of her personal property and slander, and for an accounting, plaintiff appeals (1) from an order of Supreme Court, Nassau County (Oppido, J.), dated…
O'Callaghan v. Flitter Page 52237
In a negligence action to recover dam*1031ages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Ferraro, J.), dated October 5, 1984, which denied their motion for partial summary judgment on the issue of liability and for an assessment of damages.…
Kenneth Pregno Agency, Ltd. v. Letterese Page 52238
In a mortgage foreclosure action, defendant Letterese appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Putnam County (Benson, J.), dated October 3, 1984, as dismissed her affirmative defenses and granted foreclosure and sale, and defendant Mid Hudson Savings Bank appeals from the…
Sassano v. Sassano Page 52239
In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of (1) an order of the Supreme Court, Nassau County (Brucia, J.), dated March 28, 1984, as directed him to pay the plaintiff wife temporary maintenance in the sum of $100 per week and temporary child support in the sum of…
Walden v. Walden Page 52240
In a matrimonial action, plaintiff former husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Winick, J.), entered November 9, 1984, as, after a hearing, denied his motion to modify the judgment of divorce so as to award him sole custody of the parties’ daughter and…
Woods v. County of Westchester Page 52241
In related negligence actions to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Westchester County (Delaney, J.), entered October 9, 1984, which denied a motion for consolidation pursuant to CPLR 602.…
In re Catholic Child Care Society of Diocese Page 52242
In a proceeding pursuant to Social Services Law § 384-b, the appeal is from a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated July 2, 1984, which (1) granted the guardianship and custody of the infant Wyvonna S.…
Linda J. v. Thomas J. Page 52243
In two custody proceedings, one brought by the mother, the other brought by the father, the father appeals *1042from an order of the Family Court, Rockland County (Weiner, J.), dated February 1, 1984, which awarded custody of the child of the parties to the mother.…
Kassover v. Kassover Page 52244
Order of the Surrogate’s Court, Nassau County, dated August 17, 1984, affirmed, with costs payable personally by appellant, for reasons stated by Surrogate Radigan.…
Proceedings pursuant to CPLR article 78 to review (1) a determination of the respondent Commissioner of the State Office of Mental Retardation and Developmental Disabilities (commissioner), dated June 25, 1984, which, after a hearing, found that the establishment of a community residence facility at a contested…
Wiggins v. Board of Education Page 52246
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the City of New York finding petitioner guilty of certain charges and dismissing him from his employment, the parties cross-appeal from an amended judgment of the Supreme Court, Kings County (Pino, J.), dated July 31…
People v. Blackshear Page 52247
Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered March 1, 1983, convicting him of robbery in the second degree (two counts) and assault in the third degree, upon a jury verdict, and imposing sentence.…
People v. Burger Page 52248
Appeal by defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered August 15, 1984, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Bush Page 52249
Appeal by defendant from a judgment of the Supreme Court, Kings County (Leone, J.), rendered February 18, 1981, convicting him of robbery in the first degree (two counts), burglary in the second degree (two counts), assault in the first degree, assault in the second degree, unlawful imprisonment in the first degree…
People v. Ciaciulli Page 52250
Appeal by defendant from (1) three judgments of the County Court, Suffolk County (Weiss-man, J.), all rendered November 17, 1983, convicting him of two counts of robbery in the first degree under indictment No. 1468/83, of one count of robbery in the first degree under indictment No. 1565/83 and of one count of…
People v. Hanley Page 52251
Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Richmond County (Owens, J.), rendered October 14, 1982 and November 4, 1982, respectively, convicting them of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon jury verdicts, and…
People v. Martino Page 52252
Appeal by defendants from two judgments (one as to each of them) of the Supreme Court, Westchester County (Martin, J.), rendered *1050March 14, 1984, and March* 21, 1984, respectively, convicting defendant Martino of criminal possession of a weapon in the third degree and convicting defendant Mustafa of assault in the…
People v. Moore Page 52253
Appeal by defendant from a judgment of the County Court, Nassau County (Collins, J.), rendered August 5, 1982, convicting him of murder in the second *1051degree, manslaughter in the first degree, robbery in the first degree, burglary in the third degree and petit larceny, upon a jury verdict, and imposing sentence.…
People v. Saunders Page 52254
Appeals (1) by defendant Saunders from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered July 8, 1981, convicting him of attempted sodomy in the first degree (two counts), sexual abuse in the first degree (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict…
Borrello v. Balbach Page 52255
Proceeding by petitioner pursuant to CPLR article 78 to prohibit the respondents, a Justice of the Supreme Court, Queens County, and the District *1052Attorney of said county, from further proceeding against him under indictment No. 603-85, and to dismiss said indictment outright.…
Bland v. Board of Elections Page 52256
In proceedings to validate and invalidate petitions des*1054ignating Joseph M.…
Geller v. Board of Elections Page 52257
In a proceeding, inter alia, to declare null and void "the votes, business purportedly transacted and filing which took place at, and as a result of the Kings County Committee of the Liberal Party Meeting on October 1, 1984”, the appeal is from an order of the Supreme Court, Kings County (Monteleone, J.), dated July…
Nesci v. Canary Page 52258
In a proceeding to validate a petition designating Pat Frank Nesci as a candidate in the Republican Party primary election to be held on September 10, 1985 for the party position of member of the Republican County Committee for the 16th Election *1057District, Town of Southampton, the appeal is from a judgment of the…
Allgrove v. Canary Page 52259
In a proceeding to invalidate petitions designating certain of the parties as candidates in the Republican Party primary election to be held on September 10, 1985 for various public and party offices, the appeal is from a judgment of the Supreme Court, Suffolk County (Gowan, J.), dated August 15, 1985, which, inter…
Bachety v. Canary Page 52260
In a proceeding to invalidate a petition designating Paul Aniboli as a candidate in the Right to Life Party primary election to be held on September 10, 1985 for the office of Member of the Suffolk County Legislature, 12th Legislative District, the appeal is from a judgment of the Supreme Court, Suffolk County (Gowan…
Burgess v. D'Apice Page 52261
In a proceeding to invalidate petitions designating June Argrette et al., as candidates in the Right to Life Party primary election to be held on September 10, 1985, for the public office of Councilmember in the City of Yonkers, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the…
Campbell v. Wolf Page 52262
Judgment of the Supreme Court, Suffolk County, dated August 1, 1985, affirmed, without costs or disbursements, for the reasons stated by Justice Murphy at Special Term.…
Cola v. D'Apice Page 52263
In a proceeding to validate petitions designating petitioner Charles A.…
Comstock v. Wolf Page 52264
In a proceeding to invalidate a petition designating James F.…
Conklin v. Canary Page 52265
In a proceeding to invalidate petitions designating John P.…
Eck v. Canary Page 52266
In a proceeding to invalidate petitions and authorizations designating Vincent Artale, Louis Boschette, Harold W.…
Ford v. Canary Page 52267
In a proceeding to invalidate petitions and authorizations designating Henrietta Acanpora, Donald W.…
Fox v. Westchester County Board of Elections Page 52268
In a proceeding to invalidate a petition designating John R.…
Fromson v. Lefever Page 52269
In a proceeding to invalidate petitions designating certain candidates in the Democratic Party primary election to be held on September 10, 1985 for certain public offices in the Town of Clarkstown and County of Rockland, the appeal is from a judgment of the Supreme Court, Rockland County (Donovan, J.), entered August…
Heit v. Huested Page 52270
In a proceeding to invalidate petitions designating William F.…
Hochberg v. D'Apice Page 52271
In proceedings to validate a petition seeking an opportunity to ballot and to invalidate said petition, the appeal is from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated August 2, 1985, which granted a request that the voters of the Republican Party be afforded the opportunity to ballot at…
Jones v. Flynn Page 52272
In a proceeding, inter alia, to compel appellants to reconvene the meeting of the Executive Committee of the Westchester County Committee of the Conservative Party of New York State for the purpose of authorizing candidates for public office, and to declare that the authorizations granted to appellant candidates on…
Larsen v. Canary Page 52273
Judgment of the Supreme Court, Suffolk County, dated August 14, 1985, affirmed, *1070without costs or disbursements, for reasons stated by Justice Gowan at Special Term.…
McCarron v. Canary Page 52274
Judgment of the Supreme Court, Suffolk County, dated August 14, 1985, affirmed, without costs or disbursements, for reasons stated by Justice Gowan at Special Term.…
McNally v. Sears Page 52275
In a proceeding to invalidate a petition designating Helen Curzio Sears as a candidate in the Democratic Party primary election to be held on September 10, 1985 for the public office of Councilmember from the 34th Council District of the City of New York, the appeal is from a judgment of the Supreme Court, Queens…
Reda v. Lefever Page 52276
In a proceeding to invalidate petitions for an opportunity to ballot, the appeal is from a judgment of the Supreme Court, Rockland County (Donovan, J.), entered August 7, 1985, which granted the application.…
Ruggiero v. Molinari Page 52277
In a proceeding to invalidate petitions designating Susan Molinari as a candidate in the Republican Party primary election to be held on September 10, 1985 for the public office of Council-member from the 1st Councilmanic District, the appeal is from a judgment of the Supreme Court, Richmond County (McBrien, J.)…
Spreckman v. D'Apice Page 52278
In a proceeding to invalidate a petition designating Angelo R.…
Spreckman v. D'Apice Page 52279
In a proceeding to validate petitions designating Bernice Spreckman as a candidate in the Conservative Party primary election to be held on September 10, 1985 for the public office of Mayor of the City of Yonkers, the appeal is from a purported judgment of the Supreme Court, Westchester County (Beisheim, J.), dated…
Warner v. Canary Page 52280
In a proceeding to validate a petition designating Edward J.…
Brown v. D'Apice Page 52281
In proceedings to invalidate petitions designating respondents-respondents as candidates in the Democratic Party primary election to be held on September 10, 1985 for certain party positions, the appeal is from three judgments of the Supreme Court, Westchester County (Beisheim, J.), all entered August 2, 1985, which…
Dixler v. Orange County Board of Elections Page 52283
In a proceeding to validate petitions designating David Dixler and John A.…
Dusanenko v. Lefever Page 52284
In a proceeding to validate a petition for an opportunity to ballot in the Conservative Party primary election to be held on September 10, 1985 for County Executive of Rockland County, the appeal is from a judgment of the Supreme Court, Rockland County (Donovan, J.), dated August 19, 1985, which dismissed the…
Kinebrew v. Williams Page 52285
In a proceeding to invalidate a petition designating Lorita Williams as a candidate in the Liberal Party primary election to be held on September 10, 1985 for the public office of Councilmember from the 26th Councilmatic District, Kings County, the appeals are (1) from a judgment of the Supreme Court, Kings County…
O'Toole v. D'Apice Page 52286
In a proceeding to invalidate petitions designating Edward J.…
Palais v. D'Apice Page 52287
In a proceeding to invalidate petitions designating Salvatore Sialiano as a candidate in the *1079Republican Party primary election to be held on September 10, 1985 for the office of Councilmember from the Second Ward of the City of Yonkers, petitioner Elliot S.…
Spallone v. D'Apice Page 52288
In proceedings to invalidate petitions designating Michael F.…
Spreckman v. D'Apice Page 52289
In a proceeding to invalidate a petition designating Angelo Martinelli as a candidate in the Republican Party primary election to be held on September 10, 1985, for the position of Mayor of the City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated August 2, 1985…
Ackerman v. Landes Page 52290
In an action seeking specific performance of an alleged oral joint-venture agreement and damages for the breach thereof, defendants appeal from so much of an order of the Supreme Court, Westchester County (Ruskin, J.), entered January 23, 1984, as denied their motion for partial summary judgment dismissing plaintiffs’…
Gregory v. New York City Transit Authority Page 52291
In a personal injury action resulting from a collision between two Transit Authority buses, plaintiff appeals from an order of the Supreme Court, Queens County (Pitaro, J.), dated February 23, 1984, which denied her motion for summary judgment on the issue of liability.…
Taubin v. Taubin Page 52292
In an action for divorce, the plaintiff husband appeals from a judgment of the Supreme Court, Nassau County (Vi-tale, J.), dated August 15, 1983, which (1) dismissed plaintiffs cause of action predicated upon constructive abandonment, (2) directed that he pay the sum of $225 a week towards the support of his two…
Washington Federal Savings & Loan Ass'n v. Stillwell Haven Hotel for Senior Citizens, Inc. Page 52293
Three judgments of the Supreme Court, Kings County, all dated January 9, 1984, and a judgment of the same court, dated January 10, 1984, affirmed for reasons stated in the opinion of Justice Golden at Trial Term.…
Weissman v. Kubasek Page 52294
In a proceeding pursuant to CPLR article 78, inter alia, to "enjoin” appellants from "interfering with the right of petitioners [who are mayoral appointees to the Yonkers Charter Revision Commission pursuant to Municipal Home Rule Law § 36 (4)] to serve and act as members of the [cjommission”, the appeal, as limited…
Donnell v. Shaffer Page 52295
In a proceeding pursuant to CPLR article 78 to review a determination of the Secretary of State, made after a hearing, which suspended petitioner’s private investigator’s license for failure to maintain records pursuant to 19 NYCRR 173.2, the appeal is from a judgment of the Supreme Court, Nassau County (Christ, J.)…
People v. Brown Page 52296
Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered June 7, 1982, convicting him of rape in the first degree, robbery in the third degree, criminal possession of a weapon in the third degree and unlawful imprisonment in the second degree, upon a jury verdict, and…
People v. Burnell Page 52297
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered October 14, 1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Harris Page 52298
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered June 29, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Galvin Page 52299
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 6, 1983, upon a verdict convicting defendant of the crimes of assault in the first degree and assault in the second degree.…
Stevens v. Stevens Page 52300
Appeal from a judgment of the Supreme Court granting defendant a divorce, entered May 30, 1984 in Cortland County, upon a decision of the court at Trial Term (Ellison, J.), without a jury.…
People ex rel. Gray v. Hoke Page 52301
Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied.…
Fisher v. O'Connell Page 52302
Motion by plaintiff for extension of time to appeal denied, without costs, on the ground that this court is without jurisdiction to grant such relief in this case (CPLR 5514 [c]; A & B Serv.…
Motion to dismiss appeal for failure of prosecution granted, without costs, on the ground that the papers fail to establish a reasonable excuse for the delay or facts showing merit to the appeal as required by section 800.12 of the Rules of Practice (22 NYCRR 800.12).…
Purtell v. Kuczek Page 52304
Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered August 9, 1985 in Montgomery County, which dismissed petitioners’ applications, in proceedings pursuant to Election Law § 16-*1093102, to declare valid petitioners’ designating petitions for the office of Montgomery County Democratic…
Barrett v. Scaringe Page 52305
Appeal from a judgment of the Supreme Court at Special Term (Williams, J.), entered August 13, 1985 in Albany County, which granted petitioner’s application, in a proceeding pursu- .…
Liepshutz v. Palmateer Page 52306
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered August 15, 1985 in Greene County, *1099which granted petitioner’s application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondent James Battisti as the Conservative candidate…
O'Connell v. Ryan Page 52307
Appeal from three orders of the Supreme Court at Special Term (Hughes, J.), entered August 9, 1985 in Columbia-County, which, in proceedings pursuant to Election Law § 16-102, dismissed petitioners’ applications for failure to timely commence the proceedings.…
Liepshutz v. Palmateer Page 52308
Appeal from an order of the Supreme Court at Trial Term (Conway, J.), entered August 16, 1985 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondent Daniel K.…
Garrow v. Mitchell Page 52309
Appeals from two orders of the Supreme Court at Special Term (Brown, J.), entered August 23, 1985 in Clinton County, which dismissed petitioners’ applications seeking an opportunity to ballot in the September 10, 1985 Democratic and Liberal primary elections for various offices of County Legislator of Clinton County.…
Marin v. Board of Elections Page 52310
Motion for permission to appeal to the Court of Appeals granted, without costs.…
—Motion for permission to appeal to the Court of Appeals granted, without costs.…
Nicastro v. Park Page 52340
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.…
ADT Co. v. New York State Tax Commission Page 52341
OPINION OF THE COURT Petitioner installs, sells, operates and maintains burglar and fire alarm systems.…
Laiosa v. Camelot AMC/Jeep, Ltd. Page 52342
OPINION OF THE COURT Plaintiffs purchased a new 1983 Renault Alliance from defendant Camelot AMC/Jeep, Ltd. (hereinafter Camelot) on November 23, 1982.…
Ramsay v. Mary Imogene Bassett Hospital Page 52343
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 52344
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.…
Schenectady Chemicals, Inc. v. Flacke Page 52345
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 52346
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 52347
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 52348
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 52349
OPINION OF THE COURT Petitioner publishes The World Journal, a daily newspaper *190circulated in New York City.…
Sanabria v. American Home Assurance Co. Page 52350
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 52351
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 52352
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 52353
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 52354
OPINION OF THE COURT Respondent was admitted to practice by this court on October 23,1935.…
In re Pesner Page 52355
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 52356
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.…
In re Siwulec Page 52358
*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 52359
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 52360
*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 52361
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 52362
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 52364
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.…
New England Mutual Life Insurance v. Kelly Page 52365
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 52366
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 52367
*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 52368
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…
John B. v. Village of Rockville Centre Page 52369
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 52370
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 52371
*240OPINION OF THE COURT In July 1976, petitioner was appointed a Deputy Sheriff for respondent County of Broome (County).…
Myers v. Key Bank Page 52372
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.…
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 52374
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 52376
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 52377
*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 52378
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 52379
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 52380
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 52381
*367OPINION OF THE COURT Respondent was admitted to practice by this court on September 12, 1977.…
Westledge Nursing Home v. Axelrod Page 52382
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).…
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…
Burnett v. Warner Bros. Pictures, Inc. Page 52385
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 52386
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 52387
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…
People v. Cruz Page 52388
Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered on September 30, 1983, unanimously affirmed.…
Omnia Travel Service, Inc. v. Hirschhorn Page 52389
Order, Supreme Court, New York County (Arthur Blyn, J.), entered on April 5, 1985, unanimously affirmed.…
CBS, Inc. v. Taylor Page 52390
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. Rodriguez Page 52391
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.…
People v. Martin Page 52392
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. Fisher Page 52393
Judgment, Supreme Court, New York County (Manuel Gomez, J.), rendered on September 9, 1982, unanimously affirmed.…
People v. Williams Page 52394
Judgment, Supreme Court, Bronx County (Carmen Ciparick, J.), rendered on October 12, 1982, unanimously affirmed.…
People v. Williams Page 52395
Judgment, Supreme Court, Bronx County (Eugene Nardelli, J.), rendered on October 31, 1983, unanimously affirmed.…
Zeus Components, Inc. v. Lessis Page 52397
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. Huber Page 52398
Judgment, Supreme Court, New York County (Ernst Rosenberger, J.), rendered on September 4, 1984, unanimously affirmed.…
People v. Ferrer Page 52399
Judgment, Supreme Court, Bronx County (Barry Salman, J.), rendered on March 1, 1983, unanimously affirmed.…
People v. McGee Page 52400
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on August 10, 1983, unanimously affirmed.…
People v. Lestishock Page 52402
Judgment rendered April *72221, 1983 in Supreme Court, New York County (Robert M.…
People v. Rosa Page 52403
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 52404
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 52406
Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered on December 16, 1982, unanimously affirmed.…
People v. Steck Page 52408
Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on January 20, 1984, unanimously affirmed.…
People v. McLaughlin Page 52410
Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on January 20, 1984, unanimously affirmed.…
Foster v. Winston Personnel Agency Page 52412
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…
In re Perry Page 52413
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.…
People v. Toledo Page 52414
Judgment, Supreme Court, Bronx County (David Levy, J.), rendered on November 17, 1983, unanimously affirmed.…
Bashan v. Bashan Page 52415
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.…
In re Kaufman Page 52416
Motion for reinstatement denied. Concur—Murphy, P.…
Lieberman v. Auerbach Page 52417
—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. Derkins Page 52418
Judgment, Supreme Court, New York County (James Leif, J.), rendered on August 16, 1983, unanimously affirmed.…
People v. Hernandez Page 52419
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered on May 22, 1984, unanimously affirmed.…
People v. Denegal Page 52420
Judgment, Supreme Court, New York County (Shirley Levittan, J.), rendered on September 15, 1983, unanimously affirmed.…
Morgenthau v. Roberts Page 52422
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.…
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.…
People v. Cush Page 52424
Judgment, Supreme Court, New York County (Luis Neco, J.), rendered on March 19, 1984, unanimously affirmed.…
People v. Hailstock Page 52425
Judgment, Supreme Court, Bronx County (John Collins, J.), rendered on June 21, 1984, unanimously affirmed.…
Grand White Realty Corp. v. Berman Page 52426
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…
People v. Jamerson Page 52427
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.…
Allstate Insurance v. White Page 52428
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 52429
In an action to recover damages for personal injuries, etc., the defendant F.…
Baiano v. Squires Page 52430
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 52431
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 52432
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 52433
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 52436
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 52437
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 52439
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 52440
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 52441
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.…
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 52446
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 52447
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 52448
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 52449
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 52450
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 52451
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 52452
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 52456
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 52457
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 52460
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 52461
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 52462
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 52463
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 52464
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 52465
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 52466
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 52467
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…
Doyle v. Happy Tumbler Wash-O-Mat, Inc. Page 52468
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 52469
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 52471
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.…
Ricco v. Deepdale Gardens Apartments Corp. Page 52472
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…
Schaeffer v. Eli Lilly & Co. Page 52474
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 52476
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 52477
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)…
Sinnott v. Finnerty Page 52479
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.…
People v. Bertucci Page 52481
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 52482
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 52483
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 52484
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 52485
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 52486
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 52487
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 52488
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 52489
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 52491
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…
Arslanian v. Volkswagen of America, Inc. Page 52492
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 52493
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 52494
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.…
Cross Properties, Inc. v. Brook Realty Co. Page 52495
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 52497
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…
First Family Mortgage Corp. v. Lubliner Page 52498
—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 52499
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 52500
.) 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 52501
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.…
Mauro v. Village of Freeport Page 52503
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 52504
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.…
Muse v. Philco-Ford Corp. Page 52505
Order of the Supreme Court, Putnam County, dated March 30, 1984, affirmed, with costs, for the reasons stated by Justice Hickman at Special Term.…
Nichols v. Kruger Page 52506
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…
Restivo v. Weinreb Page 52507
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 52508
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.…
Sanders v. Palmer Page 52509
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.…
Toroy Realty Corp. v. Ronka Realty Corp. Page 52510
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.…
Town of Carmel v. Mario Di Gregorio, Inc. Page 52511
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.…
Troyan v. Riverhead Central School District Page 52512
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.…
Davis v. Coughlin Page 52513
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…
Fasano v. State Page 52514
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.…
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 52516
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 52517
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. Catalano Page 52518
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. Chavis Page 52519
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. Colon Page 52520
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. Delavalette Page 52521
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. Demerritt Page 52522
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 52523
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. Fudge Page 52524
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. Johnson Page 52525
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. Johnson Page 52526
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. King Page 52527
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. Reed Page 52528
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 52529
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 52530
Judgment of the Supreme Court, Kings County (Kooper, J.), rendered May 12, 1983, affirmed.…
People v. Saylor Page 52531
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. Schettino Page 52532
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. Smith Page 52533
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. Walker Page 52534
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.…
People v. Wilson Page 52535
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.…
In re Capanegro Page 52536
Motion by petitioner, a disbarred attorney, to this court for reinstatement.…
In re Rosenbaum Page 52538
Motion by petitioner, a disbarred attorney, to this court for reinstatement.…
In re Goldner Page 52539
Application by petitioner, a disbarred attorney, for reinstatement to the Bar of the State of New York.…
Allen v. City of Poughkeepsie Planning Board Page 52540
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…
Apostle v. Kac Page 52541
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 52542
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.…
Cromartie v. New York City Transit Authority Page 52544
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 52546
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 52547
In an action to foreclose a second mortgage, defendants James Thomas Farrell, Elizabeth Ann Farrell and F.…
Gadman v. Gadman Page 52548
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 52550
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 52551
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…
Rowley v. Waterfront Airways, Inc. Page 52552
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 52553
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 52554
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 52555
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 52556
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 52557
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 52558
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 52559
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 52560
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 52561
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 52562
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…
People v. Bossett Page 52563
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. Andino Page 52565
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. Bagby Page 52566
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 52567
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. Davis Page 52571
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 52572
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 52573
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 52574
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. Limehouse Page 52575
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. Morales Page 52576
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. Nation Page 52577
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 52578
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 52579
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 52580
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 52581
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 52582
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 52583
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 v. Upsher Page 52584
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 52585
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.…
People ex rel. Mack v. Reid Page 52586
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.…
Muka v. Livingston Page 52587
Motion to dismiss proceeding granted, without costs.…
People ex rel. White v. Proper Page 52588
Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied (People ex rel.…
Hull v. Feinberg Page 52589
Motion to dismiss appeal granted, without costs.…
Keen v. Keen Page 52590
—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 52591
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 52592
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 52593
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 52594
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 52595
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 52596
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 52598
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 52599
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. Bartlett Page 52601
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. Basciano Page 52602
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.…
People v. Cruwys Page 52603
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 52604
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 52605
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 52606
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.…
Keefe v. Hudson Valley Community College Page 52608
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 52609
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 52610
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 52611
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.…
R. M. R. Restaurant, Inc. v. Bygaph Corp. Page 52612
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 52613
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 52614
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 52615
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.…
Reed v. First Baptist Church of Canisteo Page 52617
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 52620
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 52621
Order unanimously affirmed, without costs.…
Rozanski v. Fitch Page 52624
Appeal unanimously dismissed as academic, without costs (see, mem in Rozanski v Fitch [Appeal No. 2], 113 AD2d 1010).…
Woodward v. City of Utica Page 52626
Judgment unanimously affirmed, with costs.…
Fanta-Sea Swim Center, Inc. v. Rabin Page 52627
Judgment unanimously affirmed, without costs.…
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…
Order unanimously affirmed, with costs. Memorandum: Plaintiff commenced an action for the purchase price of cheese sold and delivered to defendant.…
Lang v. Downey Page 52630
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 52631
Appeal unanimously dismissed, on the law, without costs.…
Nationwide Insurance v. Markuson Page 52632
Order unanimously modified, on the law, by reinstating the arbitrator’s award and, as modified, affirmed, without costs.…
Assembly of God, Inc. v. Lynch Page 52633
Judgment unanimously affirmed, without costs.…
Doyle v. Erie County Water Authority Page 52634
Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.…
Determination unanimously confirmed and petition dismissed, without costs.…
Scoville v. Cicoria Page 52636
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…
Dimmick v. Flavin Page 52637
Order unanimously affirmed, without costs.…
Kemp v. Monroe County Board of Elections Page 52638
Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition.…
Anderson v. Oswego County Board of Elections Page 52639
Order unanimously affirmed, without costs.…
Fiorella v. Mahoney Page 52641
Motion to dismiss appeal denied. Order unanimously affirmed, without costs.…
Hayden v. Mahoney Page 52642
unanimously affirmed, without costs (see, Matter of Hargett v Jefferson, 63 NY2d 696).…
Robinson v. Mahoney Page 52644
Order unanimously affirmed, without costs (see, Matter of Menendez v McNab, 83 AD2d 893, Iv denied 54 NY2d 769).…
Meier v. Mahoney Page 52645
Order unanimously affirmed, without costs.…
Nicely v. Niagara County Board of Elections Page 52646
Order unanimously affirmed, without costs (see, Matter of Donnelly v Dowd, 12 NY2d 651).…
Siwek v. Mahoney Page 52648
Order unanimously affirmed, without costs.…
Godzisz v. Mahoney Page 52649
Order unanimously affirmed, without costs.…
People v. Dean Page 52650
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Krowicki v. St. Elizabeth Hospital Page 52651
Order and judgment unanimously affirmed, without costs.…
Krowicki v. St. Elizabeth Hospital Page 52652
Order unanimously affirmed, without costs.…
Davis v. Smith Page 52653
Judgment unanimously affirmed (see, People *1024ex rel.…
People v. Mark Steven E. Page 52654
Adjudication unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Samson v. Agency Rent-a-Car Inc. Page 52655
Judgment unanimously affirmed, with costs, for reasons stated in memorandum decision at Trial Term, Broughton, J.…
Malin v. Malin Page 52656
Order unanimously affirmed, with costs, for reasons stated at Special Term, Fudeman, J.…
People v. Henderson Page 52657
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People ex rel. Corker v. Smith Page 52658
Appeal unanimously dismissed as moot (see, People ex rel.…
People v. Roque Page 52659
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Craw*1025ford, 71 AD2d 38).…
People v. Shields Page 52660
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Hollenbeck Page 52661
Appeal unanimously dismissed (see, CPL 450.10, 450.15, as amended by L 1984, ch 671).…
People v. Figueroa Page 52662
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Rivera v. Smith Page 52664
Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, Iv denied 56 NY2d 504, 711).…
Appeal unanimously dismissed as academic without costs.…
People v. Morgan Page 52667
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Ryan v. Smith Page 52668
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 52669
Order unanimously affirmed, without costs (see, Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831).…
Gurley v. Smith Page 52670
Judgment unanimously affirmed (see, People ex rel.…
Sobus v. Contiguglia Page 52672
Application unanimously denied and petition dismissed without costs.…
People ex rel. Rodriguez v. Smith Page 52673
Judgment unanimously affirmed (see, People ex rel.…
People v. Shields Page 52674
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People ex rel. Jackson v. Smith Page 52675
Appeal unanimously dismissed as moot (see, People ex rel.…
People ex rel. Jackson v. Smith Page 52676
Appeal unanimously dismissed as moot (see, People ex rel.…
People v. Veley Page 52677
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Wilcox Page 52678
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Dillingham Page 52679
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Mitchell Page 52680
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. McCarley Page 52681
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Thomas Page 52682
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.…
Wilson v. Smith Page 52683
Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, Iv denied 56 NY2d 504, 711).…
People v. Adams Page 52684
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Denson Page 52685
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, Peo*1030pie v Crawford, 71 AD2d 38).…
People v. Walker Page 52686
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. Byrd Page 52688
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Illuzzi Page 52690
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Stone v. Smith Page 52691
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. Taylor Page 52692
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Arrington Page 52693
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Finley M. Page 52694
Adjudication unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Hughson v. National Grange Mutual Insurance Page 52695
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…
Birnbaum v. Flaum Page 52696
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 52697
Motion to add proceeding to September 1985 Term Calendar denied (see, EDPL 207).…
People v. Oakes Page 52698
Motion to change venue of trial of indictment from Jefferson County denied.…
Gribetz v. Evans Page 52933
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 52934
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.…
AT&T Information Systems, Inc. v. Donohue Page 52935
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 52936
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.…
Kerr v. Rochester Gas & Electric Corp. Page 52937
*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 52938
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 52939
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?…
Flacke v. Onondaga Landfill Systems, Inc. Page 52941
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 52942
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 52943
OPINION OF THE COURT Defendant was convicted of the December 9, 1977 gunpoint robbery of a grocery store.…
People v. Tabarez Page 52944
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 52945
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 52946
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).…
People v. Westergard Page 52947
OPINION OF THE COURT In the early morning hours of January 24, 1983, three business establishments along Raymond Avenue in Poughkeepsie were burglarized.…
Braunstein v. Braunstein Page 52950
OPINION OF THE COURT The instant appeals involve postdivorce proceedings instituted after the parties hereto obtained a bilateral divorce decree in the Kingdom of Sweden.…
Bennett v. City School District Page 52951
*60OPINION OF THE COURT This appeal presents two issues for review.…
In re Gray Page 52954
OPINION OF THE COURT The respondent was admitted to practice by this court on November 14,1979.…
Cover v. Cohen Page 52955
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.…
Pollock v. Rapid Industrial Plastics Co. Page 52956
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’).…
Russo v. Rifkin Page 52957
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.…
People v. Torres Page 52959
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on April 16, 1984, unanimously affirmed.…
Motion for leave to appeal to the Court of Appeals granted on the basis of the following certified question: "Was the order of the Supreme Court, as affirmed by this Court, properly made?” Concur—Murphy, P.…
Motion for leave to appeal to the Court of Appeals granted on the basis of the following certified question: "Was the order of the Supreme Court, as affirmed by this Court, properly made?” The parties are directed to proceed with discovery and pretrial proceedings.…
Goldsmith v. Howmedica Page 52964
Motion for leave to appeal to the Court of Appeals granted on the basis of the following certified question: "Was the order of the Supreme Court entered on May 1, 1984, as affirmed by this Court, properly made?” Concur—Sullivan, J.…
People v. Prioleau Page 52965
Judgment of the Supreme Court, Bronx County (Chananau, J.), rendered April 6, 1983, convicting defendant of robbery in the first degree, rape in the first degree and assault in the second degree and sentencing him to concurrent terms of imprisonment as a persistent violent felony offender, modified on the law to…
People v. Bonds Page 52966
Upon reargument, the court adheres to its original determination unanimously affirming the judgment, Supreme Court, New York County (Frederick Berman, J.), rendered on November 21, 1983.…
People v. Gibson Page 52968
Judgment, Supreme Court, New York County (George Roberts, J.), rendered on or about October 1, 1982, unanimously affirmed.…
Judgment of the Supreme Court, New York County (Helen E.…
City of New York v. Flower Hospital Page 52970
Motion, insofar as it seeks reargument, granted to the extent of (1) deleting from the recital paragraph of this court’s order entered on June 4, 1985 the figure "1,133,754” and substituting therefor the figure "1,133,705,” and (2) modifying, on the facts, the penultimate paragraph of the order and of the judgment of…
In re Elliott Page 52971
Motion granted insofar as to modify the order of this court entered on May 30, 1985 only to the extent of referring the matter to the Departmental Disciplinary Committee for the First Judicial Department for a hearing pursuant to Judiciary Law § 90 (4) (h), and suspension continued pending receipt of the Committee’s…
Motion granted insofar as to dismiss appeal from the order of June 29, 1984 as superseded by the appeal from the final judgment of July 11, 1985 (Dayon v Downe Communications, 42 AD2d 889 [1st Dept 1973]; Austrian Lance & Stewart v Jackson, 50 AD2d 735 [1st Dept 1975]).…
Herbert v. City of New York Page 52973
Motion to dismiss appeal, on grounds that no appeal lies where an appeal is from a decision of a trial court and not from a judgment or order duly entered in the office of the appropriate county clerk, granted.…
People v. Rivera Page 52974
Judgment, Supreme Court, New York County (McCooe, J.), rendered December 8, 1983, which convicted defendant, after jury trial, of criminal possession of stolen property in the first degree and sentenced him to a prison term of 2 to 4 years, unanimously modified on the law and as a matter of discretion in the interest…
Order of the Supreme Court, New York County (Arthur Blyn, J.), entered on or about April 26, 1984, which granted plaintiffs motion to set aside the jury verdict in favor of defendant New York City Health & Hospitals Corporation on the ground of defense counsel’s misconduct and ordered a new trial in the interest of…
People v. Butler Page 52976
Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered on April 15, 1983, unanimously affirmed.…
People v. Olivo Page 52977
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered on January 13, 1984, unanimously affirmed.…
Order, Supreme Court, New York County (Robert White, J.), entered October 2, 1984, granting defendant and third-party plaintiff Bekins Van Lines Co.’s motion for summary judgment dismissing the complaint, and denying the cross motion of plaintiff the Aetna Casualty & Surety Company for summary judgment on the…
Delaney v. Delaney Page 52979
Motion for reargument granted insofar as to recall the order of this court entered on May 23, 1985, to resettle that order as indicated in the order of this court, and to recall the memorandum decision filed on May 23, 1985 [111 AD2d 111], and substitute therefor, the following memorandum decision: Resettled judgment…
In re Schiffman Page 52980
Petition seeking reinstatement granted only insofar as to refer the matter to the Departmental Disciplinary Committee for a hearing as indicated in the order of this court.…
—Order, Supreme Court, New York County (Martin Evans, J.), entered June 29, 1984, granting plaintiffs motion to dismiss certain affirmative defenses to the extent of, inter alia, dismissing the second, fifth, sixth, seventh, tenth and eléventh affirmative defenses, unanimously reversed, to the extent appealed from, on…
People v. Bermudez Page 52982
Judgment, Supreme Court, Bronx County (Stanley Parness, J.), rendered on March 22, 1982, unanimously affirmed.…
People v. Suarez Page 52983
Judgment, Supreme Court, Bronx County (Frank Blangiardo, J.), rendered on July 9, 1982, unanimously affirmed.…
People v. Winograd Page 52984
Judgment, Supreme Court, New York County (Myriam Altman, J.), rendered on January 30, 1985, unanimously affirmed.…
People v. Morris Page 52985
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on February 14, 1983, and judgment of said court (Michael Dontzin, J.), rendered on February 16, 1983, unanimously affirmed.…
Fulani v. Velez Page 52986
Order, Supreme Court, New York County (Seymour Schwartz, J.), entered on or about October 3, 1985, unanimously affirmed, without costs and without disbursements.…
People v. Rivera Page 52987
Judgment of the Supreme Court, New York County (Norman C.…
People v. Boscana Page 52988
Judgment of resentence, Supreme Court, New York County (Robert Haft, J.), rendered on November 27, 1984, unanimously affirmed and appeal from judgment of said court rendered on April 14, 1983 is dismissed since by reason of resentence said judgment was vacated and it is from the judgment of resentence only that an…
Marine Midland Bank, N. A. v. Greenstein Page 52989
Order, Supreme Court, New York County (Bruce Wright, J.), entered on March 5, 1985, unanimously affirmed for the reasons stated by Wright, J., at Special Term.…
People v. Matías Page 52990
Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered on December 9, 1983, unanimously affirmed.…
People v. Dembo Page 52991
Judgment, Supreme Court, New York County (Carol Berkman, J., at plea and sentence) rendered March 27, 1984 convicting defendant of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) and sentencing him as a second violent felony offender to 2 Vz to 5 years in prison, unanimously modified on…
Fritz v. Consolidated Rail Corp. Page 52992
Judgment, Supreme Court, New York County (Burton Sherman, J.), entered July 12, 1984, which awarded plaintiff $1,250,000 plus interest and costs, unanimously reversed, on the law and the facts, and a new trial ordered on the issue of damages, without costs, unless plaintiff John Fritz, within 20 days after service…
Dearaway v. Mount Sinai Hospital Page 52993
Appeal from order, Supreme Court, New York County (Arthur Blyn, J.), entered on April 4, 1985, unanimously dismissed as nonappealable, without prejudice to a motion, on proper papers, to amend the pleadings, without costs and without disbursements.…
People v. Coxsun Page 52994
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on February 2, 1984, unanimously affirmed.…
People v. Blackwell Page 52996
Judgment, Supreme Court, New York County (Brenda S.…
People v. Colon Page 52997
Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered September 26, 1983, convicting defendant of criminal sale of a controlled substance in the fifth degree and sentencing him as a second felony offender to an indeterminate prison term of from 2 to 4 years, unanimously modified, on the law, to the…
Judgment, Supreme Court, New York County (Greenfield, J.), entered June 11, 1984, denying the application of the petitioner, Department of Sanitation, to set aside a determination of the New York City Civil Service Commission which modified the penalty of dismissal imposed by petitioner upon sanitation man John…
People v. Brown Page 52999
Judgment, Supreme Court, New York County (Thomas B.…
Johnson v. Christian Page 53000
Order and judgment (one paper), Supreme Court, New York County (Margaret Taylor, J.), entered February 1, 1984, granting the application to the extent of vacating appellant’s determination which had terminated petitioner’s tenancy and remanding the matter to the Housing Authority for reconsideration, unanimously…
People v. Dickerson Page 53002
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on February 22, 1984, unanimously affirmed.…
People v. Adams Page 53003
Judgment, Supreme Court, New York County (Martin Stecher, J.), rendered on March 16, 1983, unanimously affirmed.…
People v. Osorio Page 53004
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on November 10, 1983, unanimously affirmed.…
People v. Alwadish Page 53005
Judgment, Supreme Court, New York County (Harold Baer, Jr., J.), rendered on October 19, 1984, unanimously affirmed.…
Judgment (denominated an order and judgment) of the Supreme Court, New York County (Stanley S.…
In re Padilla Page 53007
Petition seeking reconsideration of this court’s order entered on July 11, 1985 [109 AD2d 247], reinstatement of respondent as an attorney and counselor-at-law, and other relief, denied.…
People v. Coaxum Page 53008
Motion granted to the extent of dismissing appeal because of appellant’s death and remanding matter to the trial court for dismissal of the indictment (People v Mintz, 20 NY2d 753, 20 NY2d 770; People v Robinson, 49 AD2d 717), as indicated in the order of this court.…
Saffian v. Parker Page 53009
Judgment, Supreme Court, New York County (Loren Brown, J.), entered on August 7, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages awarded to the plaintiff-respondent, unless plaintiff-respondent, within 20 days after service…
People ex rel. Martin v. Bain Page 53010
Appeal from order of the Supreme Court, Bronx County (Burton Hecht, J.), entered on or about July 11, 1984, unanimously dismissed as moot, without costs and without disburse*328ments.…
Wincig v. Chock 574 5th Operating, Inc. Page 53011
Judgment, Supreme Court, New York County (Irving Kirschenbaum, J.), entered on October 11, 1984, unanimously affirmed for the reasons stated by Kirschenbaum, J., at Trial Term.…
Wolitzer v. Manhattan Embassy Co. Page 53012
Order, Supreme Court, New York County (David Edwards, Jr., J.), entered on March 27, 1984, unanimously affirmed, without costs and without disbursements and without prejudice to an application at Special Term for leave to serve an amended complaint against Mehlman only.…
People v. Hassell Page 53013
Judgment, Supreme Court, New York County (Solomon H.…
Taylor v. City of New York Page 53014
Judgment, Supreme Court, Bronx County (Ralph A.…
In re Kaufman Page 53015
Motion for reconsideration granted and upon reconsideration this court adheres to its original determination denying petitioner’s motion for reinstatement.…
De Peletería v. Gafco, Inc. Page 53016
Order of the Supreme Court, New York County (Scott, J.), entered on August 9, 1984, which granted defendant-respondent’s motion to dismiss the complaint on the ground that plaintiff-appellant lacks legal capacity to sue, unanimously reversed, on the law, and the complaint is reinstated, with costs, without prejudice…
Bressler v. General Accident Insurance Page 53017
Appeal from order, Supreme Court, New York County (George Bundy Smith, J.), entered on June 27, 1985, unanimously dismissed as nonappealable, without costs and without disbursements, and order of said court (Ira Gammerman, J.), entered on July 3, 1985, unanimously affirmed, without costs and without disbursements.…
Richmond v. Ward Page 53018
Appeal from judgment, Supreme Court, New York County (Kristin Glen, J.), entered on August 14, 1984, unanimously deemed, de novo, an article 78 proceeding transferred to this court for determination and, upon such transfer the judgment vacated and determination of the respondents, dated December 1, 1983, unanimously…
People v. Schwartz Page 53019
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on September 23, 1983, unanimously affirmed.…
Salmarco v. Cross County Hospital Page 53021
Order, Supreme Court, Bronx County (Anthony J.…
DeJurenev v. A. H. Robins Co. Page 53022
Order, Supreme Court, New York County (Kenneth Shorter, J.), entered April 9, 1984, which denied the motion of defendant Myron Buckman, individually and Myron Buckman, P.…
Sailer v. McGuire Page 53023
Order and judgment (one paper) of the Supreme Court, New York County (Alvin F.…
People v. McDaniel Page 53024
Order, Supreme Court, New York County (Howard Bell, J.), entered December 13, 1983, setting aside the jury’s verdict convicting defendant of robbery in the first degree, reversed, on the law and the facts, the verdict reinstated and the matter remanded for sentencing.…
In re Timothy B. Page 53025
Final order of disposition of the Family Court, Bronx County (Rita G.…
Home Insurance v. North American Co. Page 53026
Order, Supreme Court, New York County (David Edwards, Jr., J.), entered on April 1, 1985, unanimously affirmed for the reasons stated by David Edwards, Jr., J., at Special Term.…
Koizumi v. Mount Sinai Hospital Page 53027
Order of the Supreme Court, Bronx County (Callahan, J.), entered on November 28, 1984, which denied defendant’s motion to dismiss the complaint on the ground that a defense exists founded upon documentary evidence that plaintiff received workers’ compensation benefits, and which *338granted plaintiffs cross motion to…
Mosseri v. Zimmerman Page 53028
Order, Supreme Court, New York County (Reuben K.…
People v. Lanier Page 53029
Judgment, Supreme Court, Bronx County (Elbert C.…
Fossella v. Dinkins Page 53030
In a proceeding pursuant to Municipal Home Rule Law § 37 (5) to invalidate a petition filed with the City Clerk for a referendum on a proposed local law to amend the City Charter, the intervenors appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Richmond County (Kuffner, J.)…
Komanoff v. Dodd Page 53031
In a proceeding pursuant to Election Law article 16, inter alia, for a judgment directing a new Democratic Party primary election for the public office in the 20th Assembly District of Supervisor of the City of Long Beach, Bruce Nyman and Richard Blum appeal, as limited by their brief, from so much of an order of the…
In re Gillespie Page 53032
Application by Leonard X. Gillespie, whose period of suspension has expired, for reinstatement as an attorney and counselor-at-law to the Bar of the State of New York.…
In re Lowenthal Page 53033
Application by Franklyn L. Lowenthal, a suspended attorney, whose period of suspension has expired, for reinstatement as an attorney and counselor-at-law to the Bar of the State of New York.…
Ashe v. Genway Corp. Page 53034
In a personal injury action, plaintiffs appeal from an order of the Supreme Court, Kings County (Duberstein, J.), dated September 9, 1985, which denied their motion to strike that portion of defendant Genway Corp.’s answer which denied permissive use of the offending vehicle by the individual defendant, Carl Lawrence.…
Bubbins v. Bubbins Page 53035
—In a matrimonial action, the defendant father appeals from (1) so much of an order of the Supreme Court, Westchester County (Beisheim, J.), dated March 13, 1985, as limited his visitation rights with the parties’ daughter, and (2) so much of a second order of the same court, also dated March 13, 1985, as suspended…
Callan v. Callan Page 53036
—In a matrimonial action, the defendant wife appeals from an order of the Supreme Court, Suffolk County (Gerard, *349J.), dated July 18, 1985, which terminated her right of visitation with the parties’ infant child, terminated her right to receive maintenance, directed her to return the infant to the plaintiff…
Castro v. Alden Leeds, Inc. Page 53037
—Order of the Supreme Court, Rockland County, dated June 26, 1984, affirmed, insofar as appealed from, without costs or disbursements, for reasons stated by Justice Ferraro at Special Term.…
Grant v. New York Telephone Co. Page 53038
—In a motor vehicle negligence action to recover damages for personal injuries and property damage, defendants appeal from a judgment of the Supreme *351Court, Kings County (Held, J.), entered February 29, 1984, which, upon a jury verdict apportioning fault in the happening of the accident at 65% on their part and 35%…
Green v. Meyer Page 53039
—In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Christ, J.), dated June 26, 1984, which, after a jury trial, was in favor of the defendants.…
—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Amenia (zoning board) which denied petitioner’s application for an amended special use permit increasing the capacity of petitioner’s mobile home park from 150 units to 154 units, petitioner appeals…
Mayer v. Rabinowitz Page 53041
—In a fraud action, plaintiffs appeal from an order of the Supreme Court, Queens County (Kunzeman, J.), dated April 10, 1984, which granted defendants’, Murray Rabinowitz and Harry Rabinowitz, motion for summary judgment dismissing the complaint as to them for failure to state a cause of action.…
—In an action to enforce its right of first refusal to purchase a parcel of land, plaintiff appeals (1) from an order of the Supreme Court, Queens County (Goldstein, J.), dated January 14, 1985, which granted defendant’s motion for summary judgment, for a protective order vacating plaintiff’s demand for…
Ryan v. Kountz Page 53043
In a medical malpractice action, defendant Kountz appeals (1) from an order of the Supreme Court, Kings County (Bernstein, J.), dated April 26, 1984, which denied her motion to dismiss the complaint on the ground that the Statute of Limitations had expired, and (2) as limited by her brief, from so much of an order of…
—In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered March 22, 1984, which, upon defendant’s motion for summary judgment, dismissed the complaint.…
—In (1) a proceeding pursuant to CPLR article 78 to compel the Board of Education, Oyster Bay-East Norwich Public School District (board) to reinstate petitioner to a position as an elementary classroom teacher, the appeal is from a judgment of the Supreme *360Court, Nassau County (Murphy, J.), entered January 20…
—In a proceeding pursuant to CPLR article 78 to review a determination denying petitioner’s application for a cabaret license, the appeal is from a judgment of the Supreme Court, Westchester County (Owen, J.), dated June 21, 1985, which granted the petition and directed appellants to issue a cabaret license to…
Brenner v. Hart Systems Inc. Page 53047
(1) In a proceeding pursuant to CPLR article 78, inter alia, to compel Hart Systems, Inc., to submit to an examination of its corporate books and records, Hart Systems, Inc., appeals from a judgment of the Supreme Court, Nassau County (Berman, J.), dated July 16, 1984, which, inter alia, granted the petition in its…
In re Tecum Page 53048
—Appeal by the Attorney-General of the State of New York from so much of (1) two orders of the Supreme Court, Suffolk County (Fierro, J.), both dated April 22, 1985, as to respondents John Doe, Inc., and Peter Scalamandre & Sons, Inc., respectively, and (2) an order of the same court, dated April 18, 1985, as to…
Hofstra University v. Boslet Page 53049
—In a proceeding pursuant to CPLR article 78 to prohibit respondent from requiring petitioner to comply with a provision of the Nassau County Fire Prevention Ordinance, petitioner appeals from a judgment of the Supreme Court, Nassau County (Velsor, J.), entered May 24, 1985, which dismissed the proceeding.…
Mitsch v. Perales Page 53050
—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of.…
Savitch v. Lange Page 53051
—Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated August 24, 1984, denying petitioner’s application for a pistol license.…
People v. Capone Page 53052
—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered September 19, 1983, convicting him of reckless endangerment in the first degree, reckless endangerment in the second degree and menacing, upon a jury verdict, and imposing sentence.…
People v. Collins Page 53053
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered March 20, 1984, convicting her of manslaughter in the second degree, upon her plea of guilty, and imposing sentence.…
People v. De Vito Page 53054
—Appeal by defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered June 15, 1984, convicting him of criminal possession of a controlled substance in the second degree, criminal possession of a weapon in the third degree (two counts), and criminal possession of a weapon in the fourth…
People v. Francois Page 53055
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered May 25, 1983, convicting him of burglary in the first degree, robbery in the first degree, and grand larceny in the third degree, after a nonjury trial, and imposing sentence.…
People v. Malave Page 53056
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered May 7, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. McNeil Page 53057
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered May 25, 1983, convicting him of burglary in the first degree (two counts) and robbery in the first degree (four counts), upon a jury verdict, and imposing sentence.…
People v. Mercado Page 53058
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered September 23, 1980, convicting him of robbery in the third degree (two counts) and criminal possession of stolen property in the third degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Monahan Page 53059
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered April 5, 1983, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
People v. Moorer Page 53060
—Appeal by defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered March 16, 1983, convicting him of criminal possession of a forged instrument in the second degree and attempted grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Pedro Page 53061
—Appeal by defendant from a judgment of the County Court, Westchester County (Garvey, J.), rendered January 20, 1984, convicting him of burglary in the third degree (two counts), upon his plea of guilty, and imposing sentence.…
People v. Pepe Page 53062
—Appeal by defendant from two judgments of the County Court, Nassau County (Harrington, J.), both rendered December 7, 1982, convicting him of murder in the second degree and attempted burglary in the third degree, upon jury verdicts, and imposing sentences.…
People v. Raffaelle Page 53063
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 24, 1982, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Tocco Page 53064
—Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered December 6, 1982, convicting him of attempted kidnapping in the second degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 53065
—Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered August 20, 1982, convicting him of murder in the second degree (two counts), and attempted robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.…
In re Brotman Page 53066
—Motion by respondent (1) for reargument or rehearing and reconsideration of this court’s determination which resulted in its order dated May 28, 1985 (108 AD2d 398), disbarring the said respondent, or, in the alternative, (2) for leave to appeal to the Court of Appeals from the order of this court dated May 28, 1985.…
In re Waldron Page 53067
—The Grievance Committee for the Tenth Judicial District was authorized to institute a disciplinary proceeding against respondent by order of this court dated February 25, 1985.…
In re Wright Page 53068
—Application by petitioner for reinstatement as an attorney and counselor-at-law.…
Hays v. Marano Page 53069
—Proceeding pursuant to CPLR article 78 (1) to "vacate” a directive of the Supreme Court, Kings County (Maraño, J.),- issued on October 3, 1985, prohibiting petitioner from publishing information relating to Grand Jury proceedings in connection with the case entitled People v Pepitone (indictment No. 1719/85)…
People v. Lader Page 53070
—Appeal by defendant, as limited by his motion, from four sentences of the Supreme Court, Kings County (Moskowitz, J.), all imposed September 15, 1983, upon his convictions of four counts of grand larceny in the second degree, upon his pleas of guilty, the sentences being concurrent indeterminate prison terms of 2 to…
Appel v. New York City Transit Authority Page 53071
—In a negligence action to recover damages for personal injuries, plaintiff appeals from (1) an order of the Supreme Court, Kings County (Kramer, J.), dated November 3, 1983, which denied his motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendants, after a trial on the issue of…
Atkins v. Atkins Page 53072
—In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Orange County (Donovan, J.), dated April 26, 1984, as awarded custody of the parties’ two infant daughters to the plaintiff wife, directed the sale of the marital residence, awarded the…
—In an action, inter alia, for a declaration that defendant State Farm Mutual Automobile Insurance Company is required to defend and indemnify plaintiffs in an action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated March 14, 1984…
Benjamin v. Benjamin Page 53074
—In a support proceeding, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Campbell, J.), entered November 29, 1983, as dismissed his application, insofar as it was for modification of so much of an order of the same court dated September 20, 1982 as failed to…
Brown v. Visan Fuel Oil Co. Page 53075
—In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated December 19, 1984, which denied their motion for summary judgment dismissing the complaint for failure to meet the threshold requirement of establishing…
—Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights dated October 17, 1984 which dismissed petitioner’s complaint on the ground that there was no probable cause to believe that respondent New York Twist Drill Corporation had engaged in an unlawful discriminatory…
Di Maria v. Coordinated Ranches, Inc. Page 53077
—In an action to recover damages for personal injuries, defendant appeals (1) from an order of the Supreme Court, Queens County (Lerner, J.), dated September 14, 1984, which granted plaintiff’s motion for a protective order and vacated defendant’s subpoenas for the deposition of two non-party witnesses, and (2) as…
Eckert v. City of Newburgh Page 53078
—In a proceeding pursuant to CPLR article 78 to review a determination dated May 9, 1984 dismissing petitioner from the City of Newburgh Fire Department, the appeal is from a judgment of the Supreme Court, Orange County (Green, J.), dated July 30, 1984, which, inter alia, annulled the penalty imposed.…
Feder v. Fortunoff, Inc. Page 53079
—In an action to recover damages for conversion and prima facie tort, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), entered May 22, 1984, which, inter alia, dismissed his complaint.…
Flintkote Co. v. Bert Bar Holding Corp. Page 53080
—In an action to foreclose a mortgage, defendant Bert Bar Holding Corp. appeals from an order of the Supreme Court, Rockland County (Ruskin, J.), dated February 14, 1984, which granted plaintiffs motion for summary judgment as against it.…
Hudson Valley Tree, Inc. v. Barcana, Inc. Page 53081
—In an action, inter alia, for permanent injunctive relief, plaintiff appeals (1) from an order of the Supreme Court, Orange County (Jiudice, J.), dated April 18, 1985, which denied its motion for a preliminary injunction and (2) as limited by its brief, from so much of an order of the same court, also dated April 18…
Martin v. New York Property Insurance Page 53082
—In an action, inter alia, to recover under an insurance policy, plaintiff appeals, as limited by her brief, (1) from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated August 13, 1984, as granted respondent’s motion to dismiss the second and third causes of action and to extend the time in…
McEvoy v. Garcia Page 53083
—In an action to recover *402damages for fraud, conspiracy, and legal malpractice, defendant Marx appeals, as limited by his brief from so much of an order of the Supreme Court, Kings County (Hirsch, J.), dated April 3, 1984, as denied his motion for summary judgment.…
—Proceeding pursuant to Executive Law § 298 to review an order of the Commissioner of the State Division of Human Rights, dated June 26, 1984, which, inter alia, held that complainant was discriminated against by petitioner Pan American World Airways, Inc. (Pan Am) on the basis of age.…
Papell v. Calogero Page 53085
—In an action to recover damages for breach of contract and tortious interference with contractual relations, defendant Bridón Realty Co. appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.), dated September 4, 1984, as awarded plaintiff damages against it for…
Paynter v. Vishnia Page 53086
—In action No. 1 for specific performance of a contract to sell real property, and in action No. 2 to recover damages for nonpayment of a real estate broker’s commission, defendant appeals from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), dated November 2, 1984, as denied those branches of…
Pigno v. Bunim Page 53087
—Order of the Supreme Court, Kings County, dated April 2, 1984, affirmed, with one bill of costs to respondents appearing separately and filing separate briefs, for the reasons stated by Justice Clemente at Special Term.…
—In an action to recover damages for breach of a bailment contract, conversion, and unjust enrichment, defendant and third-party plaintiff Northville Industries Corp. appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated December 10, 1984, which (1) granted plaintiff’s motion to dismiss the…
—In an action to recover damages and for injunctive relief, plaintiffs appeal from an order of the Supreme Court, Kings County (Lodato, J.), dated December 14, 1984, which denied their motion for discovery priority on the ground that they had failed to obtain jurisdiction over the defendant.…
Stern v. Stern Page 53090
—In an action for a conversion divorce (Domestic Relations Law § 170 [6]), plaintiff husband appeals, as limited by his brief, from so much of a resettled judgment of the Supreme Court, Rockland County (Nastasi, J.), entered August 27, 1984, as, after a nonjury trial, dismissed the complaint and awarded $6,000 in…
Housen v. Housen Page 53091
—In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Orange County (Benson, J.), entered March 20, 1984, as (1) granted the plaintiff wife exclusive possession and use of the matrimonial residence until the younger of the parties’ children…
Davis v. New York State Division of Parole Page 53092
—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Division of Parole which, after a hearing, denied petitioner release on parole, petitioner appeals from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated February 10, 1984, which denied the…
In re the Estate of Deutsch Page 53093
—In a proceeding to judicially settle an account, the executor appeals, as limited by his brief, from (1) so much of an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated April 8, 1982, as held that the funds on deposit in certain joint bank accounts at the date of decedent’s death were assets of the…
Patchogue Scrap Iron & Metal Co. v. Harris Page 53094
—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Suffolk County Department of Health Services, dated October 25, 1983, which, after a hearing, found that petitioner had violated the Suffolk County Sanitary Code and ordered petitioner to pay a penalty.…
—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Nassau County (Balletta, J.), dated October 28, 1983, which, inter alia, dismissed the petition and directed the parties to proceed to arbitration.…
People v. Adams Page 53096
—Appeal by defendant from a *415judgment of the Supreme Court, Kings County (Goldstein, J.), rendered May 24, 1983, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Beasley Page 53097
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered April 7, 1983, convicting her of robbery in the first and second degrees, upon a jury verdict, and imposing sentence.…
People v. Beckett Page 53098
—Appeal by defendant from a judgment of the County Court, Nassau County (Collins, J.), rendered July 1, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Bolling Page 53099
—Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered April 25, 1983, convicting him of kidnapping in the second degree, sexual abuse in the first degree, and robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 53100
—Motion by defendant in the above-captioned matter for amendment of so much of a decision and order of this court, both dated August 5, 1985, as ordered a new trial (People v Brown, 112 AD2d 945).…
People v. Brown Page 53101
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 23, 1982, convicting him of criminal possession of stolen property in the first degree and resisting arrest, upon a jury verdict, and imposing sentence.…
People v. Burgess Page 53102
—Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered April 20, 1982, convicting him of attempted *420criminal possession of marihuana in the second degree, upon a plea of guilty, and imposing sentence.…
People v. Carter Page 53103
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered March 22, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Chapnick Page 53104
—Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered January 30, 1984, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Dodson Page 53105
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered March 15, 1983, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Feliciano Page 53106
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Felig, J.), both rendered August 23, 1984, convicting him of two counts of criminal sale of a controlled substance in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Fields Page 53107
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered March 15, 1984, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Garcia Page 53108
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered June 13, 1984, convicting him of manslaughter in the second degree and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.…
People v. Johnson Page 53109
—Appeal by defendant (1) from a judgment of the Supreme Court, Richmond County (Barlow, J.), rendered October 18, 1978, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence and (2) by permission, from an order of the same court (Owens, J.), dated September 24, 1982…
People v. King Page 53110
—Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 16, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Martin Page 53111
—Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered June 3, 1983, convicting him of murder in the second degree (two counts), burglary in the first degree (three counts), and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.…
People v. McClendon Page 53112
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered February 16, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Meaney Page 53113
—Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 15, 1983, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Navas Page 53114
—Appeal by defendant from a judgment of the County Court, Suffolk County (Sherman, J.), *426rendered July 6, 1983, convicting him of burglary in the first degree (two counts) and robbery in the first degree, upon his plea of guilty, and sentencing him as a second violent felony offender to concurrent indeterminate…
People v. Paul Page 53115
—Appeal by defendant of the Supreme Court, Kings County (Greenberg, J.), rendered July 27, 1984, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.…
People v. Randolphe Page 53116
—Appeal by defendant, as limited by his brief, from a sentence of the County Court, Westchester County (Edelstein, J.), imposed August 14, 1984, upon his conviction of criminal possession of a weapon in the third degree, upon his plea of guilty, the sentence being a definite term of 90 days in the county jail, five…
People v. Smith Page 53117
—Appeal by defendant from a judgment of the County Court, Orange County (Miller, J.), rendered November 26, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Taylor Page 53118
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered April 25, 1983, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.…
People v. Vitale Page 53119
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Zelman, J.), rendered December 19, 1983, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Webb Page 53120
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered September 29, 1980, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
Komanoff v. Dodd Page 53121
—In a proceeding pursuant to Election Law article 16, inter alia, to set aside the result of a primary election held on September 10, 1985, designating Bruce Nyman as the candidate of the Democratic Party for the public office of Supervisor of the City of Long Beach, and for a judgment directing that a new Democratic…
Leirer v. Nevel Page 53122
—Judgment of the Supreme Court, Suffolk County (Gerard, J.), dated August 7, 1985, affirmed, without costs or disbursements.…
D'Andre v. Canary Page 53123
—In a proceeding to invalidate a petition designating Barbara King as a candidate in the general election to be held on November 5, 1985 for the public office of Suffolk County Legislator for the Seventh Legislative District, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated…
A-Drive Corp. v. General Accident Group Page 53124
—In an action, inter alia, to recover on an automobile insurance policy, defendant General Accident Group appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County (Wager, J.), entered May 9, 1984, as denied its cross motion to amend its answer and for summary judgment against…
Bank v. Ulster Heights Properties, Inc. Page 53125
—In an action, inter alia, for specific performance, injunctive relief and a declaratory judgment concerning a sublease, defendant appeals from a judgment of the Supreme Court, Rockland County (Reed, J.), dated November 14, 1984, which denied its cross motion for a *432dismissal of the complaint and summary judgment…
Book v. Dilworth Page 53126
—In an action to recover possession of certain chattels, defendants appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Sherman, J.), dated February 15, 1984, which, upon their motion pursuant to CPLR 3211 to dismiss the complaint, treated the motion as one for summary judgment and…
Corbett v. City of New York Page 53127
—In an action for a judgment to declare the unconstitutionality of a resolution and map adopted by the Board of Estimate of the City of New York, plaintiff appeals from an order and judgment (one paper), of the Supreme Court, Richmond County (Rubin, J.), dated May 26, 1983, which, inter alia, denied plaintiff’s motion…
Fisher v. Fisher Page 53128
In a matrimonial action, the defendant husband appeals from so much of a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated March 12, 1984, as awarded $4,000 in counsel fees to the plaintiff wife.…
—Proceeding pursuant to CPLR article 78 to prohibit the respondents from implementing the recommendations of a hearing panel convened pursuant to Education Law § 3020-a, which, after a hearing, found that petitioner was guilty of neglect of duty, conduct unbecoming his position, and conduct prejudicial to the good…
Freeman v. Easy Glider Roller Rink, Inc. Page 53130
—In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 24, 1984, which granted plaintiff’s motion for summary judgment.…
Investors Collateral Corp. v. State Page 53131
—In an eminent domain proceeding, the State of New York appeals from a judgment of the Court of Claims (McCabe, J.), dated November 29, 1983, which awarded claimant $47,008 plus interest thereon, for a total award of $57,193.07.…
Johnson v. New York City Housing Authority Page 53132
—In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County (Krausman, J.), dated June 25, 1984, which denied defendant’s motion for summary judgment.…
—In an action, inter alia, for reformation of a contract, plaintiffs appeal from an order of the Supreme Court, Westchester County (Beisheim, J.), entered March 12, 1984, which granted defendant’s motion for summary judgment dismissing the complaint and denied their cross motion for leave to join additional defendants.…
Maloney v. Maloney Page 53134
—In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his notice of appeal and brief, from stated portions of a judgment of the Supreme Court, Kings County (Rigler, J.), dated September 12, 1984, which, inter alia, (1) fixed arrears in maintenance and support under a prior…
Masi v. Kiss Page 53135
—In an automobile negligence action to recover damages for personal injuries, etc., defendants Alfred Costanzo, Sylvia Kupperman and Murray Kupperman appeal from an order of the Supreme Court, Rockland County (Wood, J.), dated July 16, 1984, which denied Costanzo’s motion and the Kuppermans’ cross motion for summary…
O'Callaghan v. Brown Page 53136
—In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 20, 1984, which, after a traverse hearing, granted the motion of defendants Brown to dismiss the complaint and all cross claims against them for lack of in…
Powell v. Powell Page 53137
—In an action for divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated February 8, 1983, which, after a traverse hearing, denied his motion to vacate the judgment of divorce on the ground he was not served with process.…
Sessa v. City of New York Page 53138
—In an action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.), entered June 4, 1984, as granted those branches of respondents’ cross motions as sought an order precluding plaintiff Michelle Sessa from…
Silver v. Temple Shalom of Flatbush, Inc. Page 53139
—In a negligence action to recover damages for personal injuries, etc., defendant Abruzzi Contractors Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated May 24, 1984, as struck its answer, severed the action against it, dismissed its cross…
TBS Enterprises Inc. v. Grobe Page 53140
—In an action to recover upon a personal guarantee of a corporate note, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Doyle, J.), entered December 20, 1983, which, after a nonjury trial, dismissed its complaint as barred by RPAPL 1301 and 1371.…
Toshek v. Sherwood Page 53141
—In an automobile negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated November 13, 1984, which granted plaintiffs’ motion for summary judgment on the issue of liability.…
—In an action in which plaintiff sought, inter alia, to compel defendant Fraken Builders, Inc. (Fraken), to specifically perform an alleged agreement between it and plaintiff, in which defendant Fraken counterclaimed, inter alia, to recover damages for trespass, plaintiff appeals and defendant Fraken cross-appeals…
Weinstock v. Weinstock Page 53143
—In an action for divorce and ancillary relief, the defendant husband appeals from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated December 13, 1983, as (1) ordered him to pay the plaintiff wife the sum of $165 per week as maintenance, (2) ordered him to remit to plaintiff, within 30…
Zuilkowski v. Sentry Insurance Page 53144
—In a declaratory judgment action to determine insurance coverage, defendants Sentry Insurance, a Mutual Company, and Royal Insurance Co. of America separately appeal, as limited by their briefs, from so much of an order of the Supreme Court, Suffolk County (Stark, J.), dated December 14, 1984, as denied their motions…
Allcity Insurance v. Puntorno Page 53145
—In a proceeding pursuant to CPLR article 75 to review a determination of a master arbitrator which vacated a decision of a Health Services Arbitration panel which found that the orthodontic services received by respondent were not causally related to his accident, petitioner appeals (1) from a judgment of the Supreme…
In re the Estate of Hepburn Page 53146
—In a contested probate proceeding, objectant appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated February 14, 1984, as, upon directing a verdict in favor of proponent after a jury trial, admitted the will to probate.…
—Judgment of the Supreme Court, Nassau County, entered December 12, 1984, affirmed, with costs, for reasons stated by Justice Balletta at Special Term.…
Moore v. Bamaco Group America, Inc. Page 53148
—In a proceeding to confirm an arbitration award, Catherine Moutoussis, Brita L.…
—Proceeding pursuant to CPLR article 78 to review a determination of respondent State Liquor Authority, dated February 22, 1984, which, after a hearing, found petitioner guilty of violating Alcoholic Beverage Control Law § 106 (6) in that it "suffered or permitted the licensed premises to become disorderly” and…
Purpura v. Richmond County Country Club Page 53150
—In a proceeding pursuant to CPLR article 78 to review a determination of the Richmond County Country Club (hereinafter the Country Club), dated October 27, 1983, which, after a hearing before its board of governors, suspended the *461use of its facilities by petitioner, one of its members, and his family for a…
In re Jean S. Page 53151
—In a proceeding pursuant to Family Court Act article 6 to adjudicate Lori Jean S.…
Welch v. Weinstein Page 53152
—Proceeding pursuant to CPLR article 78 to review a determination of respondent Bernard M.…
People v. Belushi Page 53153
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered May 16, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Chacon Page 53154
—Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Marthen, J.), rendered December 3, 1981, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Charles Page 53155
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered November 4, 1983, convicting him of attempted murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Clark Page 53156
Judgment of the Supreme Court, Richmond County (Barlow, J.), rendered January 18, 1980, affirmed (see, People v Lopez, 97 AD2d 5, 7; People v Acevedo, 104 AD2d 946).…
People v. Daniels Page 53157
—Appeal by defendant from a judgment of the Supreme Court, Kings County (McShane, J.), rendered July 14, 1980, convicting him of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Dones Page 53158
—Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered December 5, 1980, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Edwards Page 53159
—Appeal by defendant from (1) a judgment of the County Court, Westchester County (Martin, J.), rendered December 13, 1983, convicting him of two counts of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence; and (2) a judgment of the same court (Braatz, J.), rendered…
People v. Fici Page 53160
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered June 6, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Gerena Page 53161
—Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered September 17,1984, convicting him of two counts of sodomy in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Gonzalez Page 53162
—Appeal by defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered October 31, 1984, convicting him of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a weapon in the third degree, conspiracy in the fourth degree (three counts)…
People v. Holder Page 53163
—Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered April 16, 1984, convicting him of assault in the first degree and criminal use of a firearm in the second degree, upon a jury verdict, and imposing sentence.…
People v. Hunt Page 53164
—Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered December 3, 1981, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.…
People v. Marino Page 53165
—Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 19, 1983, convicting him of criminal possession of a weapon in the third degree and criminal sale of a firearm in the second degree, upon a jury verdict, and imposing sentence.…
People v. McDaniel Page 53166
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 13, 1981, convicting him of robbery in the first degree, criminal use of a firearm in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Mejia Page 53167
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered January 28, 1983, convicting him of robbery in the first degree, upon a plea of guilty, and imposing sentence.…
People v. Oakley Page 53168
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Fuchs, J.), rendered March 11, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Richardson Page 53169
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Schneier, J.), rendered April 11, 1983, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Ritchie Page 53170
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered April 25, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Rodriguez Page 53171
—Appeal by defendant from three judgments of the Supreme Court, Kings County, the first (Maraño, J., at plea; Tomei, J., at sentence) rendered November 2, 1983, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence, and the second and third…
People v. Simmons Page 53172
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered December 6, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Storm Page 53173
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 10, 1983, convicting him of robbery in the third degree (two counts) and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Suarez Page 53174
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered January 3, 1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Sykes Page 53175
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered August 24, 1982, convicting him of robbery in the first degree, robbery in the second degree and assault in the second degree, upon a jury verdict, and sentencing him as a persistent felony offender.…
People v. Taylor Page 53176
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Rigler, J.), ren*479dered December 6, 1982, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Thomas Page 53177
—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered April 19, 1983, convicting him of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence.…
People v. Vonderhyde Page 53178
—Appeal by defendant from a judgment of the County Court, Orange County (Patsalos, J.), rendered May 21, 1984, convicting her of criminal possession of marihuana in the second degree and criminally using drug paraphernalia in the second degree, upon her plea of guilty, and imposing sentence.…
People v. Watson Page 53179
—Judgment of the County Court, Westchester County (Marasco, J.), rendered August 26, 1982, affirmed.…
People v. World Page 53180
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), *481rendered December 18, 1979, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People ex rel. Jones v. Abrams Page 53181
—In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Queens County (Leahy, J.), dated September 23, 1980, which denied the petition.…
In re Hall Page 53182
—Application by petitioner, a suspended attorney, who was admitted in this court on November 26, 1958, whose period of suspension has expired, for reinstatement as an attorney and counselor-at-law.…
Walsh v. D'Apice Page 53183
—In a proceeding to set aside the results of the Conservative Party primary election held on September 10, 1985 for 6th Ward Councilmember in the City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Jiudice, J.), entered October 8, 1985, which dismissed the proceeding.…
County of Nassau v. H. Sand & Co. Page 53184
—In an action to recover damages for breach of a construction contract, defendant H.…
—In an action, inter alia, to recover damages resulting from an alleged fraudulent transfer of assets, plaintiff appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated May 11, 1984, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal…
Fenton-Hill American, Ltd. v. Cespedes Page 53186
—In an action to recover damages for breach of contract and unjust enrichment, the defendant appeals from so much of an order of the Supreme Court, Queens County (Goldstein, J.), entered December 12, 1984, as, upon granting that branch of the plaintiffs motion which was to compel him to submit to a continued…
Gamar v. Gamar Page 53187
—In a negligence action to recover damages for personal injuries, etc., plaintiff appeals from a judgment of the Supreme Court, Kings County (Jordan, J.), entered July 3, 1984, which, upon a jury verdict, was against them and in favor of the defendants.…
Jet Asphalt Corp. v. Consolidated Edison Co. Page 53188
—In consolidated actions, inter alia, to recover damages for work performed pursuant to various contracts, Campro Construction and Paving Co., Inc. (hereinafter Campro) appeals (1) from an order of the Supreme Court, Queens County (Dunkin, J.), dated September 20, 1983, which granted the motion of Philange…
Liebowitz v. Mandel Page 53189
—In an action to permanently enjoin defendants from violating the terms of a restrictive covenant, defendants Mandel appeal from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered October 5, 1984, which, after a nonjury trial, granted the injunc*492tion and directed them to remove a privet hedge from…
Lubin v. Lubin Page 53190
In a proceeding, inter alia, to recover arrearages in child support, the father appeals from an order of the Family Court, Kings County (Palmer, J.), dated August 7, 1984, which (1) made final a temporary order of child support in the amount of $100 per week, and (2) directed that all the money being held by the…
Mantilla v. Lewkowitz Page 53191
—In an action to recover damages for personal injuries, defendant appeals from (1) a default judgment of the Supreme Court, Nassau County (McGinity, J.), dated April 12, 1983, which awarded plaintiff the principal sum of $1,982, and (2) an order of the same court (McGinity, J.), entered March 16, 1983, which, inter…
Montalvo v. Nel Taxi Corp. Page 53192
—In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Queens County (Becker, J.), dated October 31, 1983, which, upon its default in appearing and answering, and following an inquest of damages before a jury, is in favor of the plaintiff and against…
—Order of the Supreme Court, Kings County (Bellard, J.), dated June 30, 1983, affirmed, with costs (see, Muller v City of New York, 113 AD2d 877).…
Schnur v. Neuberger Page 53194
—In an action, inter alia, to recover damages for fraud and mismanagement of plaintiff’s investment account, defendant Neuberger & Berman appeals from so much of an order of the Supreme Court, Westchester County (Burchell, J.), dated June 8, 1984, as granted plaintiff’s motion to strike numbers 8, 9 and 10 of its…
Sheil v. Sheil Page 53195
In a matrimonial action, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated November 29, 1984, which granted the defendant husband’s motion for reargument of that branch of his prior motion which was for summary judgment on his counterclaim for a conversion divorce and…
Shoken v. Meneghini Page 53196
—In an action to recover damages for personal injuries, etc., plaintiffs appeal from an interlocutory judgment of the Supreme Court, Kings County (Morton, J.), dated February 10, 1984, which, upon a jury verdict on liability, determined that plaintiffs were 90% liable and defendant was 10% liable.…
—In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County (Harwood, J.), entered July 31, 1984, which granted the motion of respondents Roberts and Barrau and the cross motion of the other respondents for summary judgment dismissing the action as against them.…
Spangenberg v. Dombrowski Page 53198
—In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Orange County (Dickinson, J.), entered November 27, 1984, which denied his motion for summary judgment.…
Stargiotti v. Nigrello Page 53199
—In an action for specific performance of a contract for the sale of real property, plaintiff appeals from an order of the Supreme Court, Westchester County (Benson, J.), dated November 30, 1984, which, upon reargument, granted defendant’s motion for summary judgment.…
Stern v. Stern Page 53200
—In an action to enforce the maintenance and child support provisions of a separation agreement, the plaintiff wife appeals from an order of the Supreme Court, Westchester *499County (Dickinson, J.), dated March 26, 1984, which denied her motion for summary judgment.…
Switzer v. Switzer Page 53201
—In a matrimonial action, the defendant wife appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Westchester County (Kelly, J.), dated February 21, 1984, which, inter alia, denied that branch of her motion which was denominated as one for summary judgment.…
Tavolacci v. Smolev Page 53202
—In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Dickinson, J.), entered May 1, 1984, which denied their motion for summary judgment.…
Ulster Savings Bank v. Bash Page 53203
—In an action to foreclose a mortgage, defendant Yigal A.…
Vaseghi v. Vaseghi Page 53204
—In a divorce action, the defendant husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Nassau County (Brucia, J.), dated December 17, 1984, which, inter alia, granted the plaintiff wife’s motion for an upward modification of a prior order of the same court (Christ, J)…
—In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County (Pizzuto, J.), dated October 10, 1984, which denied their motion to enter *502a default judgment against defendant Latchman and granted Latchman’s cross motion for leave to serve…
Wilson v. Levinson Page 53206
—In an action, inter alia, for an accounting, plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated May 17, 1984, which dismissed their action for failure to prosecute.…
In re John M. Page 53207
—In proceedings pursuant to Family Court Act article 10, petitioner appeals (by permission) from two orders of the Family Court, Kings County (Palmer, J.), dated February 22, 1985 and February 26, 1985, respectively, which, during and after a hearing held pursuant to Family Court Act § 1028, ordered the return of the…
People v. Anthony A. Page 53208
Judgment affirmed. We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on appeal.…
People v. Adams Page 53209
—Appeal by defendant from two judgments of the Supreme Court, Queens County (Rotker, J.), *504both rendered November 11, 1982, convicting him of attempted robbery in the first degree under indictment No. 625/ 82 and criminal possession of a weapon in the third degree under indictment No. 27/82, upon his pleas of…
People v. Armstrong Page 53210
—Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered April 19, 1983, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.Judgment affirmed.We have reviewed the record and agree with defendant’s…
People v. Atlas Page 53211
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered March 14, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Ballard Page 53212
—Appeal by defendant from three judgments of the County Court, Suffolk County (Mallon, J.), all rendered August 29, 1984, convicting him of six counts of burglary in the second degree (two counts under each indictment), upon his pleas of guilty, and imposing sentence.…
People v. Baum Page 53213
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Fuchsj J.), rendered June 22, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Blakeney Page 53215
—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered February 22, 1982, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 53216
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered November 18, 1983, convicting him of burglary in the second degree, upon a plea of guilty, and imposing sentence.…
People v. Callands Page 53217
—Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 25, 1982, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Goldstein Page 53218
—Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered March 3, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Guarino Page 53219
—Appeal by defendant from two judgments of the Supreme Court, Queens County (Naro, J.), both rendered June 22, 1983, convicting him of two counts of criminal sale of a controlled substance in the second degree (one as to each indictment), upon his pleas of guilty, and imposing sentences.…
People v. Hendricks Page 53220
—Appeal by defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered September 23, 1983, convicting him of criminal possession of a weapon in the third degree, reckless endangerment in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.…
People v. Hooker Page 53221
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered March 8, 1983, convicting him of rape in the first degree and attempted sodomy in the first degree, upon a jury verdict, and imposing sentence.…
People v. Johnson Page 53222
—Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Donoghue, J.), rendered October 3, 1984, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Lee Page 53224
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered January 18, 1982, convicting him of murder in the second degree and manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Maggio Page 53225
—Appeal by defendant from a sentence of the County Court, Nassau County (Lawrence, J.), imposed March 20, 1984, upon his conviction of manslaughter in the first degree, upon his plea of guilty, the sentence being an indeterminate term of imprisonment of 8Vá to 25 years.…
People v. Murphy Page 53226
—Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered May 14, 1982, convicting him of robbery in the first degree (three counts) and robbery in the second degree (three counts), upon a jury verdict, and imposing sentence.…
People v. Newman Page 53227
—Appeal by defendant from a judgment of the County Court, Orange County (Ritter, J.), rendered January 17, 1983, convicting him of assault in the third degree and resisting arrest, upon his plea of guilty, and imposing sentence.…
People v. Pace Page 53228
—Appeal by defendant from two judgments of the County Court, Suffolk County (Mazzei, J.), both rendered November 9, 1983, convicting him of burglary in the third degree, sexual abuse in the first degree, and grand larceny in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Perez Page 53229
Appeal by defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered March 1, 1983, convict*525ing him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Ramsey Page 53230
—Appeal by defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered July 23, 1984, convicting him of attempted forgery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Rodriguez Page 53231
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Vaccaro, J.), rendered December 16, 1981, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Seidler Page 53232
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered April 20, 1984, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence.…
People v. Simmons Page 53233
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Maraño, J.), both rendered January 8, 1982, convicting him of attempted robbery in the second degree under indictment No. 447/78 and robbery in the second degree under indictment No. 842/ 81, upon his pleas of guilty, and imposing sentences.…
People v. Smith Page 53234
—Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered May 12, 1984, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Thomas Page 53235
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered December 3, 1981, convicting him of murder in the second degree and criminal use of a firearm in the second degree (two counts), upon his plea of guilty, and imposing sentence.Judgment affirmed.We have reviewed the record…
People v. Urbanowitz Page 53236
—Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered July 27, 1984, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Velazquez Page 53237
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered December 21, 1981, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
In re Kramer Page 53238
—Application by the Grievance Committee for the Second and Eleventh Judicial Districts to punish the respondent, Aaron Kramer, for contempt of this court’s order dated March 12, 1973 which disbarred him from the practice of law in the State of New York.…
In re Shankman Page 53239
—On the court’s own motion, the temporary suspension imposed upon respondent by order dated August 24, 1984, as a result of having been convicted of a serious crime, is hereby vacated, as of this date, and the clerk of this court is directed to restore his name to the roll of attorneys and counselors-at-law, forthwith.…
Brandshaft v. O'Hearn Page 53240
—In a proceeding to invalidate petitions designating Sally A.…
Burns v. LeFevre Page 53242
—Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78.…
Parker v. Coughlin Page 53243
—Motion for permission to appeal from order, treated as application, pursuant to CPLR 5704 (a), to review an order of *531the Supreme Court at Special Term, which, in effect, denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78.…
Wade v. Tutunjian Page 53244
—Motion by appellant for order enjoining respondent Tutunjian from conducting an investigation of certain alleged deficiencies in absentee ballot applications for the primary election held September 10, 1985 pending determination of the appeal granted, without costs.…
People ex rel. Wilkins v. Eccleston Page 53245
—Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus seeking a reduction in the amount of bail denied on the ground that the papers, which include a transcript of the bail hearing, fail to establish an abuse of discretion by the bail-setting court.…
Flowers v. Coughlin Page 53246
—Motion for permission to proceed as a poor person treated as an application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term, which denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78.…
People ex rel. Gray v. Hoke Page 53247
—Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied.…
People v. Blodgett Page 53248
Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered April 23, 1982, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.…
Claim of Morgen v. CBS, Inc. Page 53249
Appeal from a decision of the Workers’ Compensation Board, filed March 21, 1984.…
Schulman v. Perales Page 53250
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State Commissioner of Social Services which denied petitioner’s application for reimbursement of moneys advanced to pay for home care…
Claim of Angrisano v. United Progress, Inc. Page 53251
Appeal from a decision of the Workers’ Compensation Board, filed March 23, 1984, which determined that respondent Travelers Insurance Company had failed to reserve its rights to future offsets against claimant’s net recovery in a third-party action.…
Claim of Johnson v. Moog, Inc. Page 53252
Appeal from an amended decision of the Workers’ Compensation Board, filed September 21, 1984, which ruled that the employer did not discriminate against claimant in violation of Workers’ Compensation Law §241.…
Bohlander v. Williams Page 53253
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered November 7, 1984 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Department of Environmental Conservation requiring petitioner County of…
Cross appeals from a judgment of the Supreme Court at Trial Term (Dier, J.), entered October 5, 1984 in Essex County, which, in a proceeding pursuant to EDPL 402, determined the compensation due claimants as a result of petitioner’s acquisition of real property.…
Williams v. Regan Page 53255
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondents which denied petitioners’ request to be registered in Tier I of the New York State Employees’ Retirement System.…
Appeal from a decision of the Workers’ Compensation Board, filed November 19, 1984, which ruled that the death of claimant’s decedent was not causally related to his employment and denied the claim for death benefits.…
Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered July 2, 1984 in Albany County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondents’ determination denying petitioner’s request for a license to do business as a provider…
Claim of Perrin v. Baldwinsville VF Co. Page 53258
Appeal from a decision of the Workers’ Compensation Board, filed May 17, 1984.…
Claim of Feldman v. Presbyterian Hospital Page 53259
Appeal from a decision of the Workers’ Compensation Board, filed March 19, 1984, which discharged the Special Fund for Reopened Cases from liability.…
City of Binghamton v. Regan Page 53260
Appeal from a judgment of the Supreme Court at Special Term (Fischer, J.), entered July 18, 1984 in Broome County, which, inter alia, granted defendant summary judgment and declared that plaintiffs are responsible for payment of any salary increases to disabled firemen on accidental disability retirement allowances.…
Imor v. Imor Page 53261
Appeal from a judgment of the Supreme Court granting plaintiff a divorce, entered June 11, 1984 in Columbia County, upon a decision of the court at Trial Term (Connor, J.), without a jury.…
Helman v. County of Warren Page 53275
Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered November 28, 1984 in Warren County, which granted a motion by defendant South Queensbury Volunteer Fire Company, Inc. for summary judgment dismissing the complaint against it.…
Claim of Bennett v. G. O. Dairies, Inc. Page 53276
Appeal from a decision of the Workers’ Compensation Board, filed April 5, 1984, as amended by decision filed July 19, 1984, which ruled that claimant’s injuries arose out of and in the course of her employment and awarded benefits.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a corporate franchise tax assessment imposed under Tax Law article 9-A.…
Claim of Anderson v. Lorentz Page 53278
Appeal from a decision of the Workers’ Compensation Board, filed November 1, 1984.…
Appeal from a decision of the Workers’ Compensation Board, filed August 2, 1984, which ruled that claimant’s decedent *579sustained an accidental injury in the course of his employment and awarded benefits.…
Lottes v. Slater Page 53280
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered October 12, 1984 in Sullivan County, which granted plaintiffs’ motion for a severance of all claims against defendant Johns-Manville Corporation.…
Munson v. Seneca County Page 53281
Appeal from a decision of the Workers’ Compensation Board, filed May 23, 1984, as amended by decision filed October 31, 1984.…
Foley v. Grasso Page 53283
Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered October 7, 1985 in Albany County, which, in a proceeding pursuant to Election Law § 16-102, dismissed petitioner’s application for, inter alia, failure to timely commence the proceeding.…
Kelly v. New York State Board of Elections Page 53284
—Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered October 9, 1985 in Albany County, which granted petitioner’s application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the certificate of nomination naming respondent Mario J.…
In re Ryan Page 53285
—Respondent was admitted to the Bar by this court on November 8, 1956 and maintains an office for the practice of law in the City of Schenectady.…
Engel v. Tutunjian Page 53286
—Appeal from an order of the Supreme Court at Trial Term (Kahn, J.), entered October 9, 1985 in Rensselaer County, which dismissed petitioners’ application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the certificate of nominations naming respondents Michael Van Voris, *587James A.…
In re Weinsoff Page 53287
—It appearing that respondent has been convicted of one or more criminal offenses denominated as felonies under the laws of the United States, motion by petitioner to suspend respondent pending imposition of final order of discipline granted (Judiciary Law §90 [4] [d], [f]).…
People v. Frisbie Page 53288
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered April 12, 1983, upon a verdict convicting defendant of the crimes of criminally negligent homicide and reckless driving.…
People v. Vasquez Page 53289
Appeal from a judgment of the Supreme Court at Trial Term (Crew, III, J.), rendered February 14, 1984 in Chemung County, upon a verdict convicting defendant of the crime of assault in the second degree.…
People v. Nanni Page 53290
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 16, 1983, upon a verdict convicting defendant of the crimes of attempted rape in the first degree, sexual abuse in the first degree and endangering the welfare of a child.…
Claim of McMicking v. City of Niagara Falls Page 53291
Appeal from a decision of the Workers’ Compensation Board, filed April 20, 1984, which ruled that claimant’s decedent did not sustain a causally related disability and denied both occupational disease and death benefits.…
People v. Moore Page 53293
Appeal from a judgment of the County Court of Albany County (Turner, J.), rendered June 15, 1984, upon a verdict convicting defendant of the crime of grand larceny in the second degree.…
Griffen v. Griswold Page 53294
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered July 27, 1984 in Rensselaer County, which, inter alia, denied defendant Peter Calhoun’s cross motion for summary judgment dismissing the complaint and cross claims against him and granted defendant Jesse Reed’s motion for summary judgment on…
Hennekens v. State Tax Commission Page 53295
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained personal income and unincorporated business tax assessments against petitioners for 1971,1972 and 1973.…
People v. Torres Page 53296
Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered September 13, 1984, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
Appeal from a decision of the Workers’ Compensation Board, filed January 17, 1984, which ruled that claimant’s discharge was not from discrimination and that there was no violation of Workers’ Compensation Law § 120.…
Oles v. Village of Philmont Page 53298
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered July 20, 1984 in Columbia County, which granted defendant Village of Philmont’s motion for summary judgment dismissing the complaint and all cross claims against it.…
Salibene v. State Page 53299
Appeal from an order of the Court of Claims (Murray, J.), entered April 4, 1984, which denied claimant’s application pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.…
Foxx v. Foxx Page 53300
Appeals (1) from a judgment of the Supreme Court ordering, inter alia, equitable distribution of the parties’ marital property, entered August 2, 1984 in Clinton County, upon a decision of the court at Trial Term (Doran, J.), without a jury, and (2) from a judgment of said court, entered *606September 27, 1984 in…
Schmidt v. Schwartz Page 53301
Appeal from an order of the Family Court of Tompkins County (Barrett, J.), entered November 14, 1984, which, in a proceeding pursuant to Family Court Act article 4, directed petitioner to pay $50 per week for child support and to pay respondent $1,500 in arrears.…
Jacobelli v. Regan Page 53302
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for the ordinary death benefits of Vincent Jacobelli, a member of the New York State Employees’…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Essex County) to review respondent’s determination which suspended petitioner’s license to participate in pari-mutuel racing for a period of 60 days.…
Franklin v. Krumanocker Page 53304
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered October 29, 1984 in Rensselaer County, which granted plaintiffs’ motion to dismiss defendant’s counterclaim.…
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered October 16, 1984 in Albany County, which denied defendants’ motion to dismiss the complaint as barred by the Statute of Limitations.…
O'Neill v. Regan Page 53306
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for additional retirement service credit under the provisions of the Laws of 1983 (ch 17).…
Klimek v. Town of Ghent Page 53307
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered November 29, 1984 in Columbia County, which denied defendant *615Town of Ghent’s motion for summary judgment dismissing the complaint against it.…
Sterritt v. Heins Equipment Co. Page 53308
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered May 15, 1984 in Schoharie County, which, in an action pursuant to CPLR article 71, inter alia, granted defendants’ cross motions to dismiss the complaint.…
Vixon v. Ambach Page 53309
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to annul a determination of respondent which revoked petitioner’s license to practice medicine in New York State.…
Mira Oil Co. v. Chu Page 53310
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained an assessment for motor fuel taxes imposed under Tax Law article 12-A.…
Van Valen v. Ferraro Page 53311
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered June 5, 1984 in Broome County, upon a decision of the court at Trial Term (Tait, Jr., J.), without a jury.…
Mason v. Simmons Page 53312
Appeal from that part of an order of the Supreme Court at Special Term (Kahn, J.), entered October 29, 1984 in Columbia County, which granted plaintiffs’ motion to compel defendant to permit a site inspection of ponds and dams on his property by an engineering firm.…
Whalen v. Barlow Page 53313
Appeals (1) from an order of the *624Supreme Court at Special Term (Bryant, J.), entered January 24, 1985 in Tompkins County, which directed Harold S.…
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered November 5, 1984 in Rensselaer County, which granted plaintiffs motion for summary judgment and denied defendant’s cross motion for a protective order.…
J. Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered December 12, 1984 in Washington County, which denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.…
Merriman v. Nemith Motor Corp. Page 53316
Cross appeals from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 5, 1985 in Albany County, which partially granted plaintiffs motion for a protective order.…
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered June 29, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.…
Champion v. Wilsey Page 53318
Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered June 29, 1984 in Saratoga County, which denied defendant Dan Wilsey’s motion for summary judgment dismissing the complaint against him.…
Zeller v. Beaudoin Page 53319
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State *632Commissioner of Social Services which, inter alia, discontinued petitioner’s Aid to Dependent Children benefits for three months.…
Spinosa v. Hartford Fire Insurance Page 53320
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered June 25, 1984 in Albany County, which denied plaintiff’s motion to compel further discovery against defendant Hartford Fire Insurance Company.…
Leromain v. Venduro Page 53321
Appeal from an *635order of the Family Court of Albany County (Coffey, Jr., J.), entered June 18, 1984, which, in a proceeding pursuant to Family Court Act article 5, denied petitioner’s motion to compel respondent and her child to submit to certain red blood cell tests.…
Claim of Furner v. Precision Page 53322
Appeal from a decision of the Workers’ Compensation Board, filed August 1, 1984.…
John Z. v. Carole AA. Page 53323
Appeal (in proceeding No. 1) from an order of the Family Court of Saratoga County (Intemann, Jr., J.), entered November 27, 1984, which denied petitioners’ application, in a proceeding pursuant to Domestic Relations Law article 7, for adoption of Justin Z.…
Claim of Thompson v. New York Telephone Co. Page 53324
Appeal from a decision of the Workers’ Compensation Board, filed July 25, 1984, which ruled that claimant sustained a compensable injury and awarded benefits.…
Pollak v. Mogavero Page 53325
Appeal from a judgment of the Supreme Court at Special Term (Crew, III, J.), entered March 23, 1985 in Otsego County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit respondents from proceeding with the prosecution of indictments charging petitioner with two counts of…
City of Cortland v. White Page 53326
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated February 12, 1985, which sustained the complaints of respondents Grace V.…
Valicenti v. Valenze Page 53327
—Motion for permission to appeal to the Court of Appeals granted, without costs.…
People v. Traynor Page 53328
Appeal from a judgment of the County Court of Columbia County (Zittell, J.), rendered April 21, 1983, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.…
People v. Hoard Page 53329
Appeals (1) from a judgment of the County Court of Saratoga County (Brown, J.), rendered October 3, 1983, upon a verdict convicting defendant of the crime of rape in the first degree, and (2) by permission, from an order of said court, entered September 27, 1984, which denied defendant’s motion pursuant to CPL 440.10…
People v. Pumarejo Page 53330
Appeal from a judgment of the County Court of Columbia County (Clyne, J.), rendered April 25, 1983, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.…
Winton v. Regan Page 53331
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for State retirement service credit for the period of January 17, 1969 to January 16, 1970.…
People v. King Page 53333
Appeal from a judgment of the County Court of Essex County (Garvey, J.), rendered September 17, 1984, convicting defendant upon his plea of guilty of the crime of absconding from temporary release in the first degree.…
Schwedler v. State Tax Commission Page 53334
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained unincorporated business tax assessments imposed under Tax Law article 23.…
Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered August 6, 1984 in Fulton County, which denied a motion by defendants Kenneth W.…
Michalek v. Michalek Page 53336
Appeal from a judgment of the Supreme Court ordering equitable distribution of the parties’ *656marital property, entered March 27, 1984 in Montgomery County, upon a decision of the court at Trial Term (Crangle, J.), without a jury.…
People v. Terry Page 53337
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered November 15, 1984, convicting defendant upon his plea of guilty of the crime of attempted murder in the second degree.…
Burnell v. Morning Star Homes, Inc. Page 53338
Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered November 15, 1984 in Franklin County, which, inter alia, granted a motion by defendants Standard Manufactured Homes, Inc., and Standard Coach Company, Inc., for partial summary judgment.…
—Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered August 25, 1984 in Albany County, which granted defendant Long Island Lighting Company’s motion to dismiss thj^complaint.…
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 19, 1985 in Albany County, which denied petitioner’s motion for leave to renew a prior proceeding brought pursuant to CPLR article 78 which was dismissed.…
Allstate Insurance v. Stevens Page 53341
Appeal from a judgment of the Supreme Court at Spedal Term (Williams, J.), entered August 3, 1984 in Sullivan County, which granted plaintiffs motion for summary judgment and declared that plaintiff has no obligation to defend or indemnify defendant Grace Shields in a personal injury action commenced by defendant…
County of Erie v. Williams Page 53342
Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered November 27, 1984 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking, inter alia, that respondents be directed to recalculate petitioners’ State aid reimbursement rate for…
Callahan v. Denton Page 53343
Appeal from an order of the Family Court of Saratoga County (Ferradino, J.), entered July 3, 1984, which, inter alia, denied petitioner custody of two of her children and granted petitioner visitation rights.…
York v. Sterling Insurance Page 53344
Appeal from an order of the Supreme Court at Special Term (Zeller, J.), entered June 13, 1984 in Madison County, which granted a motion by defendant Sterling Insurance Company to dismiss the complaint and denied plaintiff’s cross motion for summary judgment.…
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered January 29, 1985 in Albany County, which granted defendant’s motion to stay proceedings in the action pending arbitration.…
Beebe v. La Pierre Page 53346
Appeal from a judgment of the Supreme Court in favor of defendants, entered January 4, 1985 in Clinton County, upon a decision of the court at Trial Term (Viscardi, J.), without a jury.…
Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered November 14, 1984 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.…
Nachman v. Crawford Page 53349
(1) Appeal from a judgment of the Supreme Court at Special Term (Tait, Jr., J.), entered April 3, 1985 in Madison County, which, in a proceeding pursuant to Lien Law § 201-a, granted respondent’s motion to dismiss the proceeding as untimely commenced, (2) motion to dismiss appeal as moot, and (3) cross motion to hold…
Appeal from an order of the Court of Claims (Murray, J.), entered August 16, 1984, which denied claimants’ applications pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.…
Sonenberg v. Fuller Page 53351
Appeal from a judgment of the Supreme Court at Special Term (Connor, J.), entered May 3, 1985 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition on the ground that petitioner waived her right to commence said proceeding.…
People ex rel. Alan PP. v. Dunston Page 53352
Appeal from a judgment of the Supreme Court at Special Term (Fischer, J.), entered February 14, 1985 in Broome County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated March 19, 1985, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on sex.…
Caramante v. Barton Page 53354
Appeal from an order of the Supreme Court at Special Term (Ingraham, J.), entered *681February 11, 1985 in Otsego County, which denied defendants’ motion to dismiss the complaint for failure to state a cause of action or, in the alternative, for a change of venue.…
People v. Williams Page 53355
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 3, 1983, upon a verdict convicting defendant of the crimes of rape in the first degree (four counts) and robbery in the second degree (one count).…
People v. Pride Page 53356
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered November 4, 1983, convicting defendant upon his *686plea of guilty of the crimes of burglary in the second degree and sexual abuse in the third degree.…
People v. Marini Page 53357
Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered January 26, 1984, upon a verdict convicting defendant of the crime of attempted burglary in the third degree.…
People v. Wheeler Page 53358
Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered March 27, 1984, upon a verdict convicting defendant of the crimes of burglary in the third degree (two counts), grand larceny in the third degree (two counts) and criminal possession of stolen property in the second degree (two…
People v. Bushey Page 53359
Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered February 29, 1984, which revoked defendant’s probation and imposed a sentence of imprisonment, and (2) from a judgment of said court (Harris, J.), rendered March 20, 1984, convicting defendant upon his plea of guilty of the crime of…
Berger v. Chu Page 53360
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered April 10, 1984 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to direct respondents to reinstate petitioners to their positions as excise tax investigators in the State…
People v. Enderle Page 53361
Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered May 21, 1984 in Chemung County, upon a verdict convicting defendant of the crimes of burglary in the second degree and petit larceny.…
Carp v. Marcus Page 53362
Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered August 27, 1984 in Tompkins County, which denied plaintiff’s motion for a default judgment.…
Penfold v. State Tax Commission Page 53363
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a sales tax assessment imposed under Tax Law article 28.…
Webster v. Di Trapano Page 53364
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered July 26, 1983 in Otsego County, upon a decision of the court at Trial Term (Lee, Jr., J.), without a jury.…
Dowdle v. Dowdle Page 53365
Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered March 21, 1984 in St. Lawrence County, which, inter alia, denied plaintiff’s cross motion for modification of his maintenance obligations and directed that the property and assets of plaintiff be sequestered.…
Appeal from an order of the County Court of Sullivan County (Hanofee, J.), entered February 22, 1984, which denied third-party defendant’s motion for summary judgment dismissing the complaint and third-party complaint.…
Farley v. Farley Page 53367
Appeal from an order of the Family Court of Clinton County (Goldman, J.), entered August 16, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, and directed respondent to pay $250 per week for, inter alia, support of his wife and two children.…
Appeals (1) from two orders of the Supreme Court at Special Term (Harlem, J.), entered March 22, 1985 in Otsego County, which granted plaintiffs motions for summary judgment, and (2) from two judgments entered thereon.…
Appeals from two orders of the Supreme Court at Special Term (Mercure, J.), entered September 21, 1984 in Fulton County, which denied defendants’ motion to vacate default judgments entered against them.…
Bikowicz v. Nedco Pharmacy, Inc. Page 53370
Appeal from an order and judgment of the Supreme Court at Special Term (Cobb, J.), entered October 19, 1984 in Schenectady County, which, inter alia, granted defendant Eleonore Hinse’s motion for summary judgment dismissing the amended complaint against her.…
Claim of Zivitz v. J & S Meat Corp. Page 53371
Appeal from a decision of the Workers’ Compensation Board, filed August 7, 1984.…
Appeal from that part of an order of the Supreme Court at Special Term (Conway, J.), entered November 7, 1984 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint.…
Crandall v. Kocak Page 53373
Appeal from a judgment of the Supreme Court in favor of defendant, entered January 18, 1984 in Chenango County, upon a verdict rendered at Trial Term (Lee, Jr., J.).…
Doin v. Continental Insurance Page 53376
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 21, 1984, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on sex.…
Cross appeals from an order of the Supreme Court at Special Term (Lee, Jr., J.), entered December 5, 1984 in Chenango County, which partially granted the motions of defendants W.…
Appeals from two orders of the Supreme Court at Special Term (Prior, Jr., J.), entered February 22, 1985 in *733Albany County, which granted petitioners’ applications pursuant to CPLR 7503 to stay arbitration between the parties and denied respondent’s cross motions to compel arbitration.…
State v. Public Employment Relations Board Page 53381
Appeal, by permission, from an order of the Supreme Court at Special Term (Williams, J.), entered November 2, 1984 in Albany County, which, in consolidated proceedings pursuant to CPLR article 78, denied motions by respondents Public Employment Relations Board and Civil Service Employees Association, Inc., to dismiss…
Appeal from a judgment of the Supreme Court at Special Term (Pennock, J.), entered November 2, 1984 in Albany County, which dismissed petitioner’s application, in a *737proceeding pursuant to CPLR article 78, to annul a determination of respondent sustaining a franchise tax assessment imposed under Tax Law article 33.…
Cross appeals from an order of the Supreme Court at Special Term (Bradley, J.), entered July 11, 1984 in Rensselaer County, which denied plaintiff’s motion and defendant Robert A.…
Northeast Parent & Child Society, Inc. v. City of Schenectady Industrial Development Agency Page 53385
Proceeding initiated in this court pursuant to EDPL 207 to review a determination of respondent to condemn petitioner’s land.…
In re the Claim of Ferri Page 53386
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 23, 1984, which, upon reopening and reconsideration, adhered to its original decision ruling that claimant was not entitled to receive benefits.…
In re the Claim of Strozewski Page 53387
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 26, 1984, which ruled that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct.…
Country Wide Insurance v. Polednak Page 53761
—Judgment (denominated an order), Supreme Court, New York County (Orest V.…
Action Electrical Contractors Co. v. Goldin Page 53762
—Upon remittitur from the Court of Appeals, this transferred article 78 proceeding seeking review of a determination of respondent Comptroller dated October 17, 1983, is unanimously dismissed as moot, without costs and without disbursements.…
Milland v. Goodyear Tire & Rubber Co. Page 53763
—Appeal from order, Supreme Court, Bronx County (Adolph Orlando, J.), entered on or about August 13, 1984, unanimously dismissed as nonappealable.…
People v. Hill Page 53764
Judgment, Supreme Court, Bronx County (Rena Uviller, J.), rendered on April 19, 1984, unanimously affirmed.…
People v. Newton Page 53765
—Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on April 26, 1984, unanimously affirmed.…
People v. Nieves Page 53766
—Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), rendered on April 27, 1984, unanimously affirmed.…
People v. Griffin Page 53767
—Judgment of the Supreme Court, New York County (J.…
Acosta v. Zito Page 53768
—Judgment of the Supreme Court, New York County (D.…
Edmead v. McGuire Page 53769
—Judgment of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered September 12, *7591983, granting the petition to the extent of annulling respondents’ determination and remanding the matter to respondents for further proceedings, is unanimously reversed on the law, without costs and without…
People v. Pinckney Page 53770
—Order, Supreme Court, New York County (Jerome Marks, J.), entered January 14, 1985, granting defendant’s motion to suppress physical evidence and statements allegedly made by him, unanimously reversed, on the law and the facts, the motion denied and the matter remanded for further proceedings.…
In re Bruno Page 53771
Petition to vacate order of suspension, or for alternative relief, *763denied.…
People v. Gonzalez Page 53772
—Judgment, Supreme Court, New York County (Morris Goldman, J.), rendered March 5, 1982, convicting defendant, after a jury trial, of two counts of murder in the second degree, two counts of robbery in the first degree, two counts of assault in the first degree and one count of burglary in the second degree and…
Ward v. Sise Page 53773
—Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered on April 1, 1985, unanimously affirmed for the reasons stated by Elliot Wilk, J., at Special Term, without costs and without disbursements.…
In re Lorenzo Page 53774
—Four orders of the Family Court, New York County (Leah Marks, J.): two fact-finding orders entered on or about April 2, 1984; and two final disposition orders entered on or about August 23, 1984, unanimously affirmed.…
—Order, Supreme Court, New York County (Burton Sherman, J.), entered on July 24, 1985, unanimously affirmed for the reasons stated by Burton Sherman, J., at Special Term.…
People v. Vallejo Page 53776
—Judgment, Supreme Court, Bronx County (Anita Florio, J.), rendered on November 21, 1983, unanimously affirmed.…
People v. Ruddish Page 53777
Judgment, Supreme Court, New York County (Robert Haft, J.), rendered on October 4, 1983, unanimously affirmed.…
Ballestas v. City of New York Page 53778
—Order of the Supreme Court, New York County (Marks, J.), entered on July 17, 1984, which denied the motion of defendant Diamond International Corporation (Diamond) for summary judgment dismissing the complaint and all cross claims against it, reversed, to the extent appealed from, on the law, and the motion for…
People v. Moore Page 53779
—Judgment, Supreme Court, Bronx County (John N.…
People v. Scarpetta Page 53780
—Judgment of the Supreme *767Court, Bronx County (John Collins, J.), rendered June 28, 1984, convicting defendant, upon his pleas of guilty, of seven counts of robbery in the first degree and sentencing him to concurrent indeterminate prison terms of 9 to 18 years, unanimously modified, on the law, to reverse as to…
Nelson v. New York City Transit Authority Page 53781
—Judgment, Supreme Court, Bronx County (Alfred J.…
In re the Arbitration between Co-Op City PBA Page 53782
Order, Supreme Court, Bronx County (Joseph L.…
People v. Cruz Page 53783
—Order, Supreme Court, Bronx County (Irving Lang, J.), entered April 19, 1984, which granted defendant’s motion pursuant to CPL 210.40 to dismiss the first count of the indictment, which charged defendant with the crime of burglary in the second degree, unanimously reversed, on the law, on the facts, and as a matter…
People v. Snype Page 53784
—Motion granted to the extent of dismissing the appeal due to the death of appellant and remanding the matter to the Trial Term of the Supreme Court, Bronx County, with instructions to dismiss the indictment (People v Mintz, 20 NY2d 770).…
—Order of the Supreme Court, Bronx County (David Levy, J.), entered on or about March 21, 1985, which, upon renewal by defendant of its motion and cross motion pursuant to the court’s prior decision of July 11, 1984, inter alia, directed plaintiff to produce income tax returns, financial statements and cash…
Cataldo v. Allen Page 53786
—Appeal from order, Supreme Court, New York County (David Saxe, J.), entered on or about January 4, 1983, unanimously dismissed as moot, without costs and without disbursements, and the appeal from the order of said court, entered on February 15, 1983, unanimously dismissed as nonappealable, without costs and without…
Raffe v. Abrams Page 53787
Motion, insofar as it seeks leave to intervene, denied as academic, and insofar as it seeks to disqualify this court, the motion is denied, and the order and judgment (one paper), Supreme Court, New York County (David Saxe, J.), entered on March 6, 1985 and the order of said court entered on or about July 13, 1984 are…
People v. Bowling Page 53789
—Judgment, Supreme Court, New York County (John Bradley, J.), rendered on September 29, 1983, unanimously affirmed.…
People v. Cora Page 53790
—Judgment, Supreme Court, Bronx County (Murray Koenig, J.), rendered on October 20, 1981, unanimously affirmed.…
—Order, Supreme Court, New York County (Burton S.…
—Judgment of the Supreme Court, Bronx County (Anthony J.…
Oliva v. City of New York Page 53793
—Judgment, Supreme Court, Bronx County (Irma V.…
Morris v. Schmid Laboratories, Inc. Page 53794
—Order, Supreme Court, Bronx County (Irwin M.…
People v. Tirado Page 53797
—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered on August 15, 1983, unanimously affirmed.…
People v. Williamston Page 53798
—Judgment, Supreme Court, Bronx County (Ernst Rosenberger, J.), rendered on October 15, 1984, unanimously affirmed.…
Neuman v. Otto Page 53800
—This appeal from an order of the Supreme Court, New York County (Arthur Blyn, J.), entered December 12, 1984, granting plaintiff summary judgment in lieu of complaint is deemed an appeal from the judgment of the Supreme Court, New York County, entered January 4, 1985 in favor of plaintiff.…
Balzac v. Columbia University Press Page 53801
—Order, Supreme Court, New York County (David H.…
De La Cadena v. Perales Page 53804
—Petition to review the determination of respondent dated February 9, 1984, finding petitioner guilty of violating the rules and regulations of the State Department of Social Services Medical Assistance Plan and permanently disqualifying her from further participation in the plan, granted to the extent only of…
People v. Tilman Page 53805
—Judgment, Supreme Court, New York County (Harold J.…
People v. Curry Page 53806
—Judgment, Supreme Court, New York County (Stanley Sklar, J., at sentence; Fritz Alexander, II, J., at plea), rendered on December 3, 1982, unanimously affirmed.…
People v. Collado Page 53807
—Judgment, Supreme Court, New York County (Leonard Cohen, J.), rendered on October 21, 1981, unanimously affirmed.…
People v. Saxon Page 53808
—Judgment, Supreme Court, New York County (Harold Rothwax, J., at sentence; Aloysius Melia, J., at suppression hearing), rendered on January 20, 1984, unanimously affirmed.…
Fishman v. Hymes Page 53809
—Order, Supreme Court, Bronx County (Alfred J.…
Judgment of the Supreme Court, New York County (Orest V.…
Pefanis v. Long Page 53811
—Judgment, Supreme Court, New York County (Stanley S.…
Hauch v. Padula Page 53812
dissents in a memorandum as follows: I find that Trial Term abused its discretion by permitting plaintiff to serve a supplemental bill of particulars on the eve of trial, which asserted a new theory of liability.…
People v. Roman Page 53813
—Judgment, Supreme Court, Bronx County (Howard E.…
Ian v. Golub Page 53814
—Order of the Supreme Court, New York County (Andrew R.…
Whitlock v. E. F. Hutton & Co. Page 53815
—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered August 14, 1984, which granted the motion of defendant to dismiss the first through fifth claims of plaintiff’s complaint for failure to state a cause of action, is unanimously affirmed for the reasons stated in the memorandum decision of Justice…
In re Medows Page 53816
—Respondent’s motion for reinstatement, denominated as one to lift the suspension, denied, and cross motion granted solely to the extent of referring the matter to the Departmental Disciplinary Committee for the First Judicial Department to hear and report, all as indicated in the order of this court.…
In re Bambury Page 53817
—Respondent is suspended from practice as an attorney and counselor-at-law in the State of New York effective immediately and until the further order of this court.…
—Order of the Supreme Court, New York County (Greenfield, J.), entered September 26, 1984, which denied defendants-appellants’ motion for summary judgment, is reversed, on the law, the motion for summary judgment is granted and the complaint is dismissed, with costs.…
—Order, Supreme Court, New York County (Clifford A.…
People v. James Page 53820
—Judgment, Supreme Court, Bronx County (Jerome L.…
People v. Lebrón Page 53821
—Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on or about January 30, 1984, unanimously affirmed.…
People v. Rios Page 53823
—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on October 5, 1984, unanimously affirmed.…
Weiss v. American Express Co. Page 53824
—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on September 26, 1984, unanimously affirmed for the reasons stated by Edward Greenfield, J.…
People v. Santiago Page 53825
—Judgment, Supreme Court, New York County (Edith Miller, J.), rendered on February 9, 1984, unanimously affirmed.…
Morgan Guaranty Trust Co. v. Solow Page 53827
—Order of the Supreme Court, New York County (William P.…
Ash v. Freedman Page 53828
—Judgment, Supreme Court, New York County (Martin B.…
Epstein v. Lenox Hill Hospital Page 53829
Intervenor’s motion for reargument is granted and, upon reargument, the order of this court entered on February 7, 1985 [108 AD2d 616] and its accompanying memorandum, both of which were recalled and vacated by order entered August 22, 1985 [112 AD2d 873] are reinstated and the order amended only to the extent of…
Cross v. Cross Page 53830
—Motion for clarification granted to the extent of amending the first full paragraph of the second page of the memorandum decision accompanying the order of this court [112 AD2d 62] entered on July 2, 1985, by striking the words "second and third,” appearing in the fifth line thereof, and *825substituting therefor the…
Abraham v. Brooklyn Hospital Page 53831
—In an action to recover damages for personal injuries, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Pino, J.), dated July 25, 1984, as granted that branch of plaintiffs motion which was to dismiss the affirmative defense of the Statute of Limitations.…
Albach v. Goetz Page 53832
—Order of the Supreme Court, Suffolk County, dated April 23, 1984, affirmed, without costs or disbursements, for reasons stated by Justice Stark at Special Term.…
—In an action to recover *826damages, inter alia, for breach of contract, defendant Town of Mamaroneck appeals from an order of the Supreme Court, Westchester County (Dickinson, J.), entered March 27, 1984, which denied its motion to dismiss the complaint as against it for plaintiffs failure to file a verified notice…
Autex, Inc. v. Rubio Page 53834
-In an action based upon the alleged breach of a restrictive noncompetition clause of a contract, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 12, 1984, as, upon reargument, adhered to its prior determination dated May 29, 1984…
Averbuch v. Home Insurance Page 53835
—In an action to recover on a fire insurance policy, defendant appeals from so much of an order of the Supreme Court, Suffolk County (Corso, J.), dated October 5, 1984, as only conditionally granted that branch of its motion which was for summary judgment unless plaintiff furnished defendant with certain documents…
—Order of the Supreme Court, Queens County, dated July 17, 1984, affirmed, with costs, for reasons stated by Justice Graci at Special Term.…
Basch v. Basch Page 53837
In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Miller, J.), dated July 13, 1984, as awarded the defendant wife the sum of $300 per week as temporary maintenance, $200 per week for temporary child support, and $4,000 as an…
Biamby v. Biamby Page 53838
—In a matrimonial action, the defendant husband appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Miller, J.), entered August 15, 1984, which, after a hearing, (1) denied his motion to modify a prior judgment of divorce between the parties so as to grant him custody of their three…
Bielak v. Bielak Page 53839
—In a matrimonial action, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme *832Court, Suffolk County (Gowan, J.), dated October 5, 1984, as denied her application for a pendente lite award of child support and maintenance.…
Bohlman v. Bohlman Page 53840
—In an action to recover damages, inter alia, for the intentional infliction of severe emotional distress, defendants appeal from (1) a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered March 27, 1984, upon default, which is in favor of plaintiff in the principal sum of $450,000, $200,000 representing…
Bossert v. Jay Dee Transportation, Inc. Page 53841
—In a negligence action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated June 12, 1984, which granted plaintiffs’ motion for reargument and, upon reargument, inter alia, permitted plaintiffs to serve a further supplemental bill…
— In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 18, 1984, which denied its motion for an adjournment of the trial date, for discovery and examinations before trial of the plaintiff.…
Cora v. Spanish Naturopath Society, Inc. Page 53843
— In an action to recover damages for breach of contract and fraud in the inducement and for a permanent injunction, defendant appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated June 21, 1984, which granted plaintiffs’ motion to compel defendant to comply with a disclosure request.…
Corcoran v. Community School District 17 Page 53844
—In a negligence action, plaintiff appeals from an order of the Supreme Court, Kings County (Hirsch, J.), dated April 17, 1984, which granted defendants’ motion for summary judgment dismissing the complaint.…
Cramp v. Cramp Page 53845
—In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Westchester County (Palella, J.), entered January 16, 1985, which granted the defendant wife’s motion for a protective order against the plaintiff’s 10 separate discovery demands.…
Cytowics v. Cytowics Page 53846
—In a matrimonial action in which the plaintiff wife has been granted a judgment of divorce that incorporated, but did not merge, a stipulation of the parties with respect, inter alia, to the payment of child support and alimony, the defendant husband appeals from an order of the Supreme Court, Richmond County (Felig…
Dunsmore v. Paprin Page 53847
—In an action to recover damages for personal injuries, etc., third-party defendant Par Plumbing Co. appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated August 21, 1984, as, upon granting reargument and renewal, adhered to its original determination…
Fred Weinkauff, Inc. v. Giacopelli Page 53848
—In an action to recover payment for goods sold and delivered in the amount of $28,819.88, plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated May 24, 1984, which granted defendants’ motion to vacate a default judgment upon condition that defendants’ attorney pay to plaintiff’s…
Givens v. Givens Page 53849
—Order of the Supreme Court, Richmond County, dated November 2, 1984, affirmed, with costs, for reasons stated in the memorandum decision of Justice Kuffner at Special Term.…
Goldstein v. Barbone Page 53850
—In a professional malpractice action to recover damages from defendants, an architect and an engineer, plaintiffs appeal from (1) so much of an order of the Supreme Court, Orange County (Buell, J.), dated July 6, 1984, as, upon granting plaintiffs’ motion for a default judgment against defendant Barbone, directed…
—In an action to recover damages for fraud, breach of contract and negligence and for rescission, defendants appeal from an order of the Supreme Court, Westchester County (Walsh, J.), dated July 11, 1984, which denied their motion for summary judgment dismissing the amended complaint for failure to state a cause of…
Jacoby v. Syntex Laboratories, Inc. Page 53852
—In an action to recover damages for personal injuries, etc., plaintiff appeals from so much of an order of the Supreme Court, Queens County (Leahy, J.), dated May 17, 1984, as, in effect, upon granting defendant’s motion for reargument, denied so much of plaintiffs motion as sought to direct defendant to further…
Jim Waters Corp. v. Colligan Page 53853
—In an action for a permanent injunction and damages based upon defendants’ alleged misappropriation of plaintiffs’ customer lists to their own use and benefit, plaintiffs appeal from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered October 23, 1984, which denied that part of their motion which…
Liverpool v. Averne Houses, Inc. Page 53854
—In an *841action to recover damages for wrongful death, defendant Dr. Herbert Fisch appeals from an order of the Supreme Court, Queens County (Buschmann, J.), dated April 4, 1984, which denied his motion for an order dismissing the action as against him on the ground that the action was barred by the Statute of…
Mathys v. Town of East Hampton Page 53855
— In an action, inter alia, for a judgment declaring that certain portions of the sanitary landfill ordinance of the defendant Town of East Hampton are unconstitutional, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 9, 1984, which, upon treating defendants’ motion…
Ruffolo v. Ruffolo Page 53856
—In a divorce action, the defendant husband appeals, (1) as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), dated July 13, 1984, as directed him to pay the plaintiff wife pendente lite maintenance of $500 per week and child support of $250 per week, and the carrying…
Tucker v. Malone Page 53857
—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of the Fairview Fire District which, after a hearing and contrary to the conclusion of a hearing officer, found petitioner guilty of violating Rules and Regulations of the Fairview Fire District, article X, § 8…
Bohlman v. Bohlman Page 53858
—Appeal by the petitioner wife, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Auperin, J.), entered February 1, 1984, as dismissed certain requests for relief.…
In re the Estate of Cohen Page 53859
—In a proceeding to settle a coexecutor’s account, coexecutrix Ada Turkish Trask appeals from so much of an order of the Surrogate’s Court, Kings County (Bloom, S.), dated April 11, 1984, as confirmed that part of a Referee’s report concerning four promissory notes dated December 12, 1967, totaling $650,000; and…
Cutrupi v. Joy Page 53860
—In a proceeding pursuant to CPLR article 78 to review a determination of the Deputy Commissioner of the Department of Housing Preservation and Development of the City of New York, dated October 19, 1983, denying a protest to compel the issuance of a certificate of eviction by a district rent director, the appeal is…
De Bois v. Rozzi Page 53861
—Proceeding pursuant to CPLR article 78 to review a determination of respondent Nassau County Police Commissioner, dated June 1, 1984, which, after a hearing, found petitioner guilty of certain disciplinary charges and imposed a fine of 11 days’ pay.…
—In a proceeding to permanently stay the arbitration of claims arising under a construction contract, K.…
—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Planning Board of the Town of North Salem (planning board), the planning board and the intervenor Concerned Residents of North Salem, Inc., appeal from a judgment of the Supreme Court, Westchester County (Marbach, J.), dated…
People v. Abreu Page 53865
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Brown, J.), rendered February 20, 1981, convicting him of arson in the third degree, upon a jury verdict, and sentencing him as a second felony offender.…
People v. Bellamy Page 53866
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered September 23, 1983, convicting him of two counts of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Braxton Page 53867
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J., at plea; Egitto, J., at sentence), rendered August 23, 1984, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 53868
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered April 11, 1983, as amended April 12, 1985, convicting him of manslaughter in the first degree, reckless endangerment in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and…
People v. Cicio Page 53869
—Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered July 19, 1983, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Colon Page 53870
—Appeal by defendant, as limited by her brief, from a sentence of the County Court, Suffolk County (Vaughn, J.), imposed November 10, 1983, upon her conviction of manslaughter in the first degree, after her plea of guilty, the sentence being a term of imprisonment of 5 to 15 years.…
People v. Dadabo Page 53871
—Order of the County Court, Westchester County (Nicolai, J.), entered February 28, 1984, affirmed (see, People v Meyers, 114 AD2d 861).…
People v. Holub Page 53873
—Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 13, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Jackson Page 53874
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 8, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Laskaris Page 53875
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered March 25, 1983, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Lebrón Page 53877
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Shaw, J.), rendered January 12, 1983, convicting him of *860murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Lindewall Page 53878
—Appeal bydefendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered January 26, 1983, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. McCloud Page 53879
—Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 20, 1984, convicting him of attempted robbery in the second degree under indictment No. 1065/84 and an amended judgment of the same court, also rendered August 20, 1984, adjudicating him to be in violation of…
People v. McIntyre Page 53880
—Appeal by defendant from a judgment of the County Court, Westchester County (Aurnou, J.), rendered October 26, 1977, convicting him of rape in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.Judgment affirmed.We have reviewed the record and agree…
People v. Meyers Page 53881
—Appeal by the People from an order of the County Court, Westchester County (Nicolai, J.), entered June 25, 1984, which granted defendants’ motions to dismiss the indictment against them on the ground that they had been denied their statutory right to a speedy trial pursuant to CPL 30.30.…
People v. Miller Page 53882
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kuffner, J.), rendered June 1, 1983, convicting him of criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.…
People v. Morant Page 53883
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J., at trial; Rotker, J., at sentence), rendered June 28, 1984, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Oxendine Page 53884
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered September 21, 1981, convicting him of rape in the first degree, robbery in the first degree, and sexual abuse in the first degree, after a nonjury trial, and imposing sentence.…
People v. Robinson Page 53885
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Glass, J.), rendered November 11, 1983, convicting him of attempted grand larceny in the second degree, criminal mischief in the fourth degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Rodriguez Page 53886
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered July 27, 1981, convicting him of attempted robbery *866in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Sanabre Page 53887
—Appeal by defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered June 14, 1984, convicting him of escape in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Tanner Page 53889
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered April 29, 1983, convicting him of criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Thomas Page 53890
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered September 8, 1982, convicting him of attempted him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Thompson Page 53891
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered November 7, 1983, convicting him of attempted robbery in the first degree, attempted robbery in the second *868degree, assault in the second degree (two counts), and criminal possession of a weapon in the fourth degree…
People v. Tisdale Page 53892
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered April 12, 1984, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Tugwell Page 53893
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Delury, J.), rendered June 10, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.Judgment affirmed.Contrary to defendant’s contention, the evidence adduced at trial established his guilt beyond a…
People v. Williams Page 53894
—Appeal by defendant from a judgment of the County Court, Suffolk County (Farley, J.), rendered November 13, 1981, convicting him of murder in the second degree, robbery in the first degree, burglary in the second degree, and conspiracy in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 53895
—Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (Posner, J.), imposed July 22, 1982, upon his conviction of attempted criminal possession of stolen property in the first degree, upon his plea of guilty, the sentence being an indeterminate term of imprisonment of IV2…
People v. Zaloga Page 53896
—Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered July 29, 1982, convicting him of criminal sale of a controlled substance in the first degree (two counts), criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the…
People v. Zambrano Page 53897
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered June 10, 1982, convicting him of kidnapping in the second degree (three counts), robbery in the first degree and criminal use of a firearm, upon a jury verdict, and imposing sentence.…
Brandshaft v. O'Hearn Page 53898
— In a proceeding to invalidate petitions designating Sally A.…
Bethpage Fire District v. Mancini Page 53899
— Submission of a controversy pursuant to CPLR 3222 to determine whether Town Law § 175-a is a mandatory *874provision which requires the Bethpage Fire District to comply with the terms and conditions set forth in that statute in addition to those contained in Town Law § 175 in conducting its annual election of fire…
In re Teitler Page 53900
—Proceeding by petitioner (1) pursuant to section 90 (4) (a) of the Judiciary Law to disbar and strike the name of the respondent Jay Teitler, an attorney and counselor-at-law, admitted to practice in the State of New York by the Appellate Division of the Supreme Court, First Judicial Department on February 4, 1980…
Armando v. Armando Page 53901
—In a matrimonial action, the parties cross-appeal, as limited by their briefs, from stated portions of a judgment of the Supreme Court, Dutchess County (Benson, J.), entered July 18, 1984, which, inter alia, directed the defendant husband to pay, in addition to maintenance and child support, "all unreimbursed…
Brevetti v. Roth Page 53902
—In a medical malpractice action to recover damages for personal injuries and wrongful death, defendants Roth, Sauter, Biasetti, Riggio, Lunati, Mendelsohn, Greenwood and Zippin appeal from an order of the Supreme Court, Kings County (Bernstein, J.), dated May 13, 1983, which denied their motion for a change of venue…
Brooks v. Long Island College Hospital Page 53903
—In a medical malpractice action, defendant appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated June 17, 1985, which in effect denied its motion to direct the infant plaintiff to submit to a physical examination.…
Colonie Hill, Ltd. v. Duffy Page 53904
—In two actions, plaintiff in action No. 1, and defendants in action No. 2 appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Winick, J.).…
Conception v. Hew Cab Corp. Page 53905
—In an action by Travelers Indemnity Company to recover first-party benefits paid pursuant to a policy issued by it, defendants appeal from so much of an order of the Supreme Court, Kings County (Hurowitz, J.), dated August 22, 1984, as, upon granting their motion to dismiss the complaint, permitted Travelers to file…
Corcoran v. Corcoran Page 53906
—In a proceeding to stay arbitration, petitioners appeal from an order of the Supreme Court, Suffolk County (Stark, J.), entered December 14, 1984, which, inter alia, denied their application.…
Davis v. Old World Design Page 53908
—In an action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Nassau County (Burke, J.), dated November 27, 1984, which denied their motion for leave to conduct an examination before trial and physical examination of the plaintiff Roy Davis after the filing of a…
—In an action to recover damages for breach of contract, breach of warranty and negligence, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Adler, J.), dated April 30, 1985, as granted plaintiff’s motion for an order of protection with respect to certain items…
Ganin v. Ganin Page 53910
—In an action for divorce and related relief, defendant husband appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Vitale, J.), entered February 23, 1984, as granted those branches of plaintiff wife’s motion as sought expert’s fees pendente lite in the…
Grande v. Dunn Page 53911
—In a negligence action, defendant Frank M.…
Hollis v. Trenkle Page 53912
—In an action to recover damages for medical malpractice, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Pantano, J.), dated March 1, 1985, as denied her motion for leave to amend the complaint to assert a cause of action for wrongful death.…
Homburger v. Levitin Page 53913
—In an action for an accounting, appointment of a receiver and a permanent injunction, defendants Lazar Levitin and Ocean Parkway Medical Building, a limited partnership, appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated October 4, 1984, which compelled them to produce for discovery and…
JMS Enterprises, Inc. v. Belfield Page 53914
—In an action to recover money damages arising from an alleged fraudulent conspiracy to deprive plaintiffs of a contracting job, defendants separately appeal from an order of the Supreme Court, Nassau County (Brucia, J.), dated March 18, 1985, which granted plaintiffs’ motion, inter alia, for an order vacating the…
Longo v. Longo Page 53915
—In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Christ, J.), entered January 24, 1985, as modified a prior order of the same court (Roncallo, J.), dated August 30, 1984, which had…
Lo Palo v. Lo Palo Page 53916
—In a matrimonial action, the plaintiff husband appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated November 19, 1984, which, inter alia, granted the defendant wife’s motion for pendente lite relief to the extent of directing the plaintiff to pay $80 per week temporary maintenance and $35…
Markey v. Eiseman Page 53917
—In a medical malpractice action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Nassau County (Harwood, J.), dated March 27, 1984, which, upon plaintiff’s stipulation consenting to reduce a jury verdict in her favor from $550,000 to $250,000, is in her favor and…
Moriates v. Powertest Petroleum Co. Page 53918
—In an action to recover damages for wrongful death, etc., defendant William Bird (hereinafter Bird) appeals (1) from an order of the Supreme Court, Queens County (Pitaro, J.), dated March 22, *8891984, which granted plaintiffs motion to compel Bird to appear at an examination before trial and rejected his assertion…
Pestarino v. Town of Islip Page 53919
—In a negligence action to recover damages for personal injuries and wrongful death, plaintiff appeals, as limited by her letter and brief, from so much of a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered October 19, 1983, as, upon a jury verdict, dismissed the action as against defendants…
Showcase Homes, Ltd. v. Kontogiannis Page 53920
—In three separate actions to recover sums due on certain commission agreements, defendant Thomas Kontogiannis appeals from three judgments of the Supreme Court, Nassau County (Berman, J.), all entered October 25, 1983, each of which, upon granting plaintiffs cross motion for summary judgment, directed that plaintiff…
Sontag v. Sontag Page 53921
—In a matrimonial action, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated January 7, 1985, which granted the defendant husband’s motion to enforce a stipulation entered into by the parties on July 17, 1984.…
Tabor v. Logan Page 53922
—In an action, inter alia, to recover the balance due on the sale of high-moisture shell corn, or, in the alternative, to recover on the defendant’s promissory note dated April 14, 1984, plaintiffs appeal from an order of the Supreme Court, Dutchess County (Green, J.), dated November 21, 1984, which denied their…
—Order of the Supreme Court, Orange County, dated April 24, 1984, affirmed, with costs, for the reasons stated by Justice Green in his memorandum at Special Term.…
Weiss v. Zuckerman Page 53924
—In a medical malpractice action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Greenstein, J.), entered March 9, 1984, which, upon the motion of defendant for judgment as a matter of law made at the conclusion of the presentation of evidence by…
—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of a hearing panel convened pursuant to Education Law § 3020-a, which found the petitioner guilty of several charges of incompetence and insubordination, he appeals from a judgment of the Supreme Court, Westchester County (Walsh, J.)…
Deflumer v. Dalsheim Page 53926
—In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to allow petitioner to use certain blankets which admittedly contain colors prohibited by departmental directive, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Miller, J.), dated November 10, 1983 which, after a…
Harris v. New York State Board of Parole Page 53927
—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent denying petitioner’s request for release on parole supervision, petitioner appeals from a judgment of the Supreme Court, Dutchess County (King, J.), entered February 6, 1984, which denied the petition.…
Proceeding pursuant to Executive Law § 298 to review an order and determination of the New York State Division of Human Rights, dated July 19, 1984, which found that there was no probable cause to believe that the respondent Medical Offices of Noah Weg, M.D., engaged in an unlawful discriminatory practice relating to…
Proceeding pursuant to Executive Law § 298 to review an order and determination of the New York State Division of Human Rights, dated June 26, 1984, which dismissed the petitioner’s complaint upon a finding of no probable cause to believe that the respondent employer had engaged in an unlawful discriminatory practice…
Nassau Insurance v. Doyle Page 53930
—In a proceeding pursuant to CPLR article 75 for a permanent stay of arbitration of an uninsured motorist claim, petitioner appeals from a judgment of the Supreme Court, Nassau County (Burke, J.), dated March 5, 1984, which denied its petition.…
Wausau Insurance v. Predestin Page 53931
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Edgar Predestin appeals from a judgment of the Supreme Court, Queens County (Buschmann, J.), dated June 20, 1984, which granted the application.…
People v. Allah Page 53932
—Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered July 29, 1982, convicting her of grand larceny in the third degree, upon her plea of guilty, and imposing sentence.…
People v. Ballejo Page 53933
—Appeal by the People from an order of the Supreme Court, Queens County (Pitaro, J.), dated March 18, 1985, which, after a hearing, granted that branch of defendant’s omnibus motion which sought suppression of physical evidence.Order affirmed.As the officers approached, defendant and the woman stood up and started to…
People v. Caporizzo Page 53934
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered September 24, 1981, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Cervi Page 53935
—Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered November 1, 1982, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Coleman Page 53936
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered November 21, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Cruz Page 53937
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered September 23, 1983, convicting him of arson in the third degree, upon his plea of guilty, and imposing sentence.…
People v. De Benedetto Page 53938
—Appeal by defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered July 17, 1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. De Jesus Page 53939
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Lane, J.), rendered May 10, 1984, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (two counts), and criminal sale of a controlled substance in the…
People v. Garcia Page 53940
—Appeal by defendant from a judgment of the Supreme Court, Westchester County (Hickman, J.), rendered April 13, 1984, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Greenwald Page 53941
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Coffinas, J.), each rendered July 27, 1984, convicting him of attempted robbery in the first degree and burglary in the second degree, and imposing sentences.…
People v. Ladyzinski Page 53942
—Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Harrington, J.), imposed December 20, 1984, after his conviction of driving while intoxicated as a felony, upon his plea of guilty, the sentence being, inter alia, (1) five years’ probation, to run concurrent with 90…
People v. McAllister Page 53943
—Appeal by defendant from three judgments of the Supreme Court, Kings County (Po*911toker, J.), all rendered April 28, 1984, convicting him of burglary in the first degree, robbery in the second degree, and robbery in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. May Page 53944
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered April 28, 1978, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Mincey Page 53945
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered September 13, 1984, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Morrison Page 53946
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered May 2, 1984, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Ortega Page 53947
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Shaw, J.), rendered November 17, 1982, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Pacheco Page 53948
—Appeal by defendant, as limited by his brief, from two sentences of the Supreme Court, Queens County (Rotker, J.), both imposed on November 10, 1983, upon his adjudication as a second felony offender.…
People v. Pompeo Page 53949
—Appeal by defendant from two judgments of the Supreme Court, Suffolk County (Mclnerney, J.), both rendered March 27, 1984, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal sale of a controlled substance in the second degree and criminal possession of a controlled…
People v. Robinson Page 53950
—Appeal by defendant from two judgments of the Supreme Court, Richmond County (Felig, J.), both rendered March 8, 1983, convicting him of attempted sexual abuse in the first degree and adjudging him in violation of probation, respectively, upon his pleas of guilty, and imposing sentences.…
People v. Russell Page 53951
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered April 22, 1982, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. James S. Page 53952
—Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered June 16, 1983, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the second degree, and imposing sentence.…
People v. Scott Page 53953
—Appeal by defendant from five judgments of the Supreme Court, Queens County (O’Dwyer, J.), all rendered September 27, 1983, convicting him of attempted kidnapping in the second degree, arson in the third degree, grand larceny in the second degree, assault in the second degree and tampering with a witness in the third…
People v. Stelzer Page 53954
—Appeal by defendant from a judgment of the Supreme Court, Westchester County (Stolarik, J., at plea; Ingrassia, J., at sentence), rendered August 3, 1984, convicting him of rape in the first degree, sodomy in the first degree, and coercion in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Taylor Page 53955
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered September 8, 1982, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Trevino Page 53956
—Appeal by defendant from a judgment of the County Court, Westchester County (Kepner, J.), rendered December 4, 1981, convicting him of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence.…
People v. Vasquez Page 53957
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered March 18, 1982, convicting him of burglary in the third degree, possession of burglar’s tools, and attempted petit larceny, upon a jury verdict, and imposing sentence.…
People v. Walker Page 53958
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered June 23, 1984, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Winston Page 53959
—Appeal by defendant from two judgments of the Supreme Court, Queens County (Balbach, J.), both rendered November 3, 1983, convicting him of attempted criminal sale of a controlled substance in the fifth degree under indictment No. 8208/82 and attempted criminal possession of a controlled substance in the fifth degree…
People v. Wohnsigl Page 53960
—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered August 15, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Wood Page 53961
—Appeal by defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered October 27, 1982, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People ex rel. Harris v. Scully Page 53962
—In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Dutchess County (Wood, J.), dated June 26, 1981, as amended by an order of the same court (Delaney, J.), dated August 25, 1981, which transferred the proceeding to the County Court, Rensselaer County, for determination.…
People ex rel. Harrison v. McKlean Page 53963
—In a habeas corpus proceeding, petitioner appeals from a decision of the Supreme Court, Orange County (Green, J.), dated August 11, 1982, which directed that the writ be dismissed.…
People ex rel. Smallwood-El v. Scully Page 53964
—In a habeas corpus proceeding, petitioner appeals from a judgment *920of the Supreme Court, Dutchess County (King, J.), entered May 30,1984, which dismissed the proceeding.…
Alheit v. Alheit Page 53965
In a matrimonial action, in which the plaintiff wife moved, inter alia, for increased child support, plaintiff appeals from an order of the Supreme Court, Suffolk County (Geiler, J.), dated August 20, 1984, which denied her application.…
Breen v. Breen Page 53966
—In a matrimonial action, the plaintiff wife appeals from an order of the Supreme Court, Richmond County (Kuffner, J.), *921dated May 3, 1985, which, after a hearing, denied her motion for relief pendente lite.…
—In an action to recover a broker’s commission, defendants and third-party plaintiffs Pressman and 158 East 35th Street Holding Corp. (hereinafter collectively known as Pressman) appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated December 10, 1984, which granted third-party defendants’…
Burke v. Physicians Hospital Page 53968
—In an action to recover damages for wrongful death, etc., plaintiff appeals from (1) an order of the Supreme Court, Queens County (Leahy, J.), dated August 7, 1984, which, after a hearing, granted respondents’ motion for summary judgment dismissing the complaint as to them for lack of in personam jurisdiction and (2)…
Charpentier v. Charpentier Page 53969
—In a matrimonial action, defendant husband appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated December 12, 1984, which, upon granting plaintiff wife’s motion (1) stayed the trial pending further disclosure by him; (2) directed entry of a money judgment for support arrears of $5,400; and (3)…
Cimarron Realty 100 Ltd. v. Horner Page 53970
—In an action to recover a real estate broker’s commission, defendants appeal from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated July 18, 1984, which denied their motion for summary judgment.…
Dillon v. Schiavo Page 53971
—In an action pur*925suant to CPLR article 13-A to declare a forfeiture of the proceeds of a crime, the defendant appeals from an order of the Supreme Court, Nassau County (Malloy, J.), dated July 2, 1985, which granted plaintiffs motion to confirm an ex parte order of attachment of the same court (Lockman, J.), dated…
Di Lorenzo v. Ellison Page 53972
—In a medical malpractice action, plaintiff appeals (1) from an order of the Supreme Court, Orange County (Gurahian, J.), dated June 14, 1984, which conditionally granted defendant Ellison’s motion to preclude plaintiff from offering evidence as to those items in defendant Ellison’s demand for a bill of particulars…
Vengroski v. Garden Inn Page 53973
—In an action to recover a debt, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Vitale, J.), dated May 24, 1984, as, upon defendant’s motion, inter alia, for summary judgment dismissing the complaint, granted partial summary judgment dismissing a portion of plaintiffs claim as…
Flach v. Flach Page 53974
—In an action for divorce, (1) the defendant husband appeals from (a) an order of the Supreme Court, Nassau County (Harwood, J.), dated September 21, 1984, which awarded the wife $3,000 for attorney’s fees and costs for the purpose of prosecuting an appeal from a prior order, and (b) so much of an order of the same…
—In an action to recover on a series of promissory notes, defendants and third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated February 17, 1984, as (1) dismissed their counterclaims against plaintiff and (2) dismissed their third-party…
Gumbs v. New York Property Insurance Page 53976
—In an action, inter alia, to recover damages for breach of a fire insurance policy, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kelly, J.), entered February 21, 1984, which, upon granting the defendant’s motion for judgment during trial pursuant to CPLR 4401, made upon the close of the…
Hinchy v. Long Island Rail Road Co. Page 53977
—In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal (1) as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered April 18, 1984, as limited the award of damages to the principal sum of $15,000, and (2) from an order of the…
Kapinos v. Alvarado Page 53978
—In consolidated actions to recover damages for personal injuries, the appeals are from so much of (1) an order of the Supreme Court, Putnam County (Benson, J.), dated May 25, 1984, as denied that branch of plaintiffs’ motion which sought leave to serve an amended and supplemental bill of particulars with respect to…
Krianciunas v. Suburban Propane Gas Co. Page 53979
—In an action to recover damages for personal injuries, (1) defendant Suburban Propane Gas Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rosenblatt, J.), dated October 21, 1983, as denied its motion *937for an order of preclusion based upon plaintiffs…
Lilling v. Syracuse Bros. Page 53980
—In an action, inter alia, to recover damages for breach of contract, defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Cerrato, J.), entered April 10, 1984, as denied those branches of their motion which were to strike certain of…
M. Viaggio & Sons, Inc. v. City of New York Page 53981
—In an action to recover damages for breach of contract, defendant City of New York appeals from a judgment of the Supreme Court, Queens County (Cooperman, J.), entered August 2, 1983, which, after a hearing, and upon finding the liquidated damages clause of the contract (article 59A) to be void and unenforceable…
Miranda v. Blair Tool & Machine Corp. Page 53982
—In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County (Levine, J.), dated September 12, 1984, which granted third-party defendant Osrow Products, Inc.’s motion for a protective order and denied, as moot, plaintiff’s cross motion for an order…
Pizzuti v. Metropolitan Transit Authority Page 53983
—Proceeding pursuant to EDPL 207 to review a determination of the respondent Metropolitan Transit Authority, dated April 19, 1985, to acquire petitioner’s property by condemnation for use for construction of an electric substation as part of the Long Island Rail Road’s Main Line Electrification Project.…
Pomeranz v. Dineen Page 53984
—In an action, inter alia, to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated January 16, 1985, which granted defendant Daniel B.…
Rodriquez v. Yosi Trucking Co. Page 53985
—In an action to recover damages for personal injuries, etc., defendant and third-party plaintiff Woodward Warehouse and Transport Corp. appeals from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated January 11, 1985, as granted plaintiffs’ application to subpoena Serge MacGuffie, a former…
Schwartz v. Mastercraft Industries, Inc. Page 53986
—In an action on a promissory note, commenced by service of a summons and notice of motion for summary judgment in lieu of a complaint, defendant appeals from an order of the Supreme Court, Rockland County (Walsh, J.), dated January 3, 1984, which granted summary judgment to the plaintiff and ordered a hearing to…
—In an action for specific performance of a contract for the sale of land, defendant appeals from an order of the Supreme Court, Nassau County (Berman, J.), dated December 10, 1984, which denied its motion for summary judgment dismissing the complaint.…
Valente v. Valente Page 53989
—In an action, inter alia, to impose a constructive trust upon certain real property for plaintiff’s benefit, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Hyman, J.), entered October 29, 1984, as, after a nonjury trial, dismissed her cause of action for…
Valente v. Valente Page 53990
—In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Buell, J.), dated March 14, 1984, as set his child support obligation at $200 per week, plus two thirds of the children’s parochial school tuition not to exceed $2,000…
Wachtel v. Wachtel Page 53991
—In a matrimonial action, the plaintiff husband appeals from so much of a judgment of the Supreme Court, Nassau County (McGinity, J.), entered September 15, 1983, as dismissed his cause of action for a divorce on the ground of the defendant wife’s cruel and inhuman treatment of him.…
Wasserstrom v. Interstate Litho Corp. Page 53992
—In an action upon a promissory note, plaintiffs appeal from an order of the Supreme Court, Nassau County *953(Christ, J.), dated November 5, 1984, which denied their motion for summary judgment.…
Wolfman v. Herbstritt Page 53993
—In a medical malpractice action, defendant appeals from an order of the Supreme Court, Nassau County (Morrison, J.), dated May 16, 1983, which denied his application for a stay of the proceedings pending submission of the matter to arbitration.…
—In proceedings pursuant to CPLR article 78 to review determinations of the respondent New York City Transit Police Department terminating appellants’ employment as probationary New York City Transit Police officers, (1) petitioners Colon, Dillon, Bravo, Koehl and De Assis appeal from a judgment of the Supreme Court…
Countax Realty Corp. v. County of Rockland Page 53995
—In a CPLR article 78 proceeding to compel respondents to correct their tax records, petitioner appeals from a judgment of the Supreme Court, Rockland County (Weiner, J.), dated September 4, 1984, which dismissed the proceeding.…
Edgar v. Dowling Page 53996
—Proceeding pursuant to CPLR article 78 to review a determination, dated October 21, 1983, which, after a hearing, found petitioner guilty of charges of misconduct and insubordination, and dismissed him from employment with the highway Department of the Town of Smithtown.…
—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Motor Vehicles which approved a recommendation of the Repair Shop Review Board that a determination of an Administrative Law Judge, made after a hearing, that petitioner had violated 15 NYCRR 82.5…
Lippiello v. Lippiello Page 53998
—In a support proceeding, petitioner appeals from an order of the Family Court, Queens County (Pearce, J.), dated October 1, 1984, as amended October 2, 1984, which, inter alia, denied her motion to restore her application for increased alimony to the calendar.…
Lumbermens Mutual Casualty Co. v. Medina Page 53999
—In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from (1) a judgment of the Supreme Court, Queens County (Goldstein, J.), dated December 22, 1983, which, inter alia, granted the application, and (2) an order of the same court, dated June 20, 1984, which denied appellant’s motion…
Pantori v. Perales Page 54000
—Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent State Commissioner, dated September 6, 1983 and made after a statutory fair hearing, as affirmed the determination of the local agency to reduce petitioner’s grant of public assistance in order to recoup overpayments which…
In re Bryant W. Page 54001
—In a proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Queens County (Torres, J.), dated March 7, 1984, which denied appellant’s motion for an order directing, inter alia, that the Clerk of the Family Court and the Director of the New York City Department of Probation…
People v. Attardi Page 54002
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 6, 1984, convicting him of burglary in the second degree, grand larceny in the third degree and criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Avent Page 54003
—Appeal by defendants from four judgments (one as to each of them) of the Supreme Court, Queens County (Balbach, J.), rendered January 7, 1982 as to defendants Avent, Carrol and Swinson and January 8, 1982, as to defendant Williams, convicting each of them of murder *964in the second degree, robbery in the first…
People v. Bonaparte Page 54004
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered May 25, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.…
People v. Carmello Page 54005
—Appeal by defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), rendered July 19, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Chamberlain Page 54006
—Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered January 15, 1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence as a second felony offender.…
People v. Clark Page 54007
—Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Maraño, J.), imposed July 15, 1983, upon his conviction of criminal possession of a controlled substance in the second degree, after a plea of guilty, the sentence being an indeterminate term of imprisonment of six years…
People v. Colon Page 54008
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Douglass, J.), both rendered September 10, 1984, convicting him of two counts of criminal sale of a controlled substance in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Conyers Page 54009
—Appeal by defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered September 19, 1983, convicting him of attempted robbery in the first degree, upon a guilty plea, and imposing sentence.…
People v. Cox Page 54010
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered June 17, 1980, convicting him of rape in the first degree (two counts), sodomy in the first degree and robbery in the first degree, upon a jury verdict, and imposing sentence.Judgment affirmed.Defendant’s guilt was proved…
People v. Daniels Page 54011
—Appeal by defendant from two judgments of the Supreme Court, Suffolk County (Mclnerney, J.), both rendered June 20, 1984, convicting her of criminal possession of a controlled substance in the third degree, and bail jumping in the first degree, upon her pleas of guilty, and imposing sentences.…
People v. Darcy Page 54012
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 2, 1981, convicting him of burglary in the *969third degree, criminal mischief in the fourth degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Davis Page 54013
—Appeals by defendant from two judgments of the Supreme Court, Kings County (Fuchs, J.), both rendered February 9, 1984, convicting him of attempted burglary in the second degree and criminal possession of stolen property in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Donaldson Page 54014
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Feldman, J.), both rendered September 15, 1982, convicting him of murder in the second degree under indictment No. 5944/81 and robbery in the first degree under indictment No. 4132/81, upon his pleas of guilty, and imposing sentences.…
People v. Friday Page 54015
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered June 23, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and sentencing him, as a persistent felony *971offender, to an indeterminate term of…
People v. Hammonds Page 54018
—Appeal by defendant from a judgment of the County Court, Westchester County (Marlow, J.), rendered May 16, 1984, convicting him of criminal trespass in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Innocent Page 54019
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered June 29, 1981, convicting him of assault in the second degree, criminal possession of a weapon in the fourth *974degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.…
People v. Losicco Page 54021
—Appeal by defendant from a judgment of the County Court, Westchester County (Ingrassia, J.), rendered June 19, 1981, convicting him of murder in the second degree (three counts), robbery in the first degree (two counts), burglary in the first degree (three counts), assault in the second degree, grand larceny in the…
People v. Marcano Page 54022
—Appeal by defendant from two judgments of the Supreme Court, Kings County (Bernstein, J.), both rendered November 23, 1982, convicting him of robbery in the first degree (two counts), upon his pleas of guilty, and imposing sentences.…
People v. Mccarron Page 54023
—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered July 26, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Mitchell Page 54024
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered April 23, 1984, convicting him of robbery in the second degree, criminal possession of stolen property in the second degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.…
People v. Mohammed Page 54025
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered February 7, 1984, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Nicastro Page 54026
—Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered August 1, 1984, convicting him of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.…
People v. Richardson Page 54027
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered July 28, 1983, convicting him of attempted burglary in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Richardson Page 54028
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Ferraro, J.), rendered March 10, 1981, convicting him of attempted murder in the second degree, assault in the first degree (three counts), assault in the second degree, criminal possession of a weapon in the second degree, and reckless…
People v. Roper Page 54029
—Appeal by defendant from two judgments of the County Court, Nassau County (Winick, J.), both rendered August 16, 1982, the first convicting him of burglary in the third degree, upon a jury verdict, and the second convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentences.…
People v. Salmon Page 54030
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered March 15, 1982, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Sanders Page 54031
—Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered October 3, 1982, as convicted him of grand larceny in the third degree, upon a jury verdict, and imposed sentence.…
People v. Tapia Page 54032
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Hentel, J.), rendered February 26, 1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Wooden Page 54033
—Appeal by defendant from a judgment of the Supreme Court, Westchester County (McMahon, J.), rendered December 27, 1983, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Zilk Page 54034
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered May 12, 1982, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.…
Berg v. Cacoulidis Page 54035
—In an action to foreclose a mortgage, defendants John and Phyllis Cacoulidis, 591 Stewart Avenue Company (a limited partnership) and 591 Stewart Avenue Realty Corp. appeal, and plaintiff Jerome Berg and defendant Philip Prassas cross-appeal from a judgment of the Supreme Court, Nassau County (Christ, J.), entered…
Bingham v. Godfrey Page 54036
—In an action to recover damages for the wrongful death of plaintiffs’ decedent, defendant National Super Service Co. appeals from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 25, 1984, as denied its motion for summary judgment.…
Campese v. Metropolitan Transit Authority Page 54037
—In an action to recover damages for wrongful death and conscious pain and suffering, defendant Long Island Railroad (hereinafter the railroad) appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (La Fauci, J.), dated March 30, 1984, as, after a nonjury trial, upon a…
Clement v. Clement Page 54038
—In an action pursuant to the Debtor and Creditor Law to set aside a confession of judgment as given in fraud of creditors, defendant Cape May Properties appeals from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 15, 1985, as denied its motion for summary judgment dismissing…
Denehy v. St. John's Queens Hospital Page 54039
—In an action to recover damages for wrongful death based upon medical malpractice and lack of informed consent, defendant St. John’s Queens Hospital appeals from so much of an order of the Supreme Court, Queens County (Kunzeman, J.), dated October 15, 1984, as denied its motion to dismiss the complaint on the…
Doe v. Esposito Page 54040
—In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Jiudice, J.), entered April 26, 1985, which denied plaintiff’s motion for summary judgment.…
Drab v. Baum Page 54041
—In an action to recover damages for legal malpractice and breach of contract, plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Velsor, J.), dated April 30, 1984, as denied her motion for summary judgment against defendant, and defen*993dant cross-appeals from so much of the same order…
Duffett v. Duffett Page 54042
—In a proceeding pursuant to CPLR 5239 and Debtor and Creditor Law article 10, the appeal is from an order of the Supreme Court, Suffolk County (Baisley, J.), dated May 8, 1984, which granted respondent Robert B.…
Fleet Factors Corp. v. Werblin Page 54043
—In an action to recover damages for negligence and fraud in the preparation of certain financial reports, plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Vitale, J.), entered May 25, 1984, as granted that branch of defendants’ motion which sought the dismissal of the first, second and…
Goldhirsch v. Flacke Page 54044
—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Environmental Conservation, dated December 30, 1982, which, after a hearing, denied petitioner’s amended application for a permit which would allow her to build, inter alia, seven houses within 100…
Gravitt v. Newman Page 54045
—In a medical malpractice action, defendants Newman and St. Luke’s Hospital appeal from an order of the Supreme Court, Orange County (Walsh, J.), dated November 23, 1983, which granted plaintiff’s motion for summary judgment on the issue of liability, and from so much of a further order of the same court dated May 2…
Gross v. Gross Page 54046
— In a matrimonial action, the plaintiff wife appeals (1) from so much of an order of the Supreme Court, Queens County (Miller, J.), dated February 29, 1984, as (a) awarded her pendente lite maintenance in the sum of $200 a week, (b) awarded her interim counsel fees in the sum of $3,750, (c) failed to direct the…
Hendler & Murray, P. C. v. Lambert Page 54047
—In two proceedings pursuant to CPLR 7503 (b) to stay arbitration, petitioners appeal, as limited by their briefs, and Arthur Lambert cross-appeals from stated portions of a judgment of the Supreme Court, Nassau County (Lockman, J.), entered June 29, 1984, which, inter alia, denied the application and directed the…
Hirschfeld v. Hirschfeld Page 54048
— In a matrimonial action, defendant wife appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated December 13, 1984, which granted plaintiff husband’s motion for a protective order denying the submission of plaintiff for psychiatric examination, and denied defendant’s cross motion (1) to compel…
— In an action to recover damages, inter alia, for breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County (Burke, J.), entered April 13, 1984, which granted defendants’ motion for a protective order, pursuant to CPLR 3103, vacating items two and eight of plaintiffs’ notice of discovery…
— Order of the Supreme Court, Queens County, entered March 23, 1984, affirmed, insofar as appealed from, without costs or disbursements, for reasons stated by the late Justice Buschmann at Special Term.…
Johnson v. Propoco, Inc. Page 54051
— In an action to recover damages for personal injuries, plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Christ, J.), dated September 4, 1985, as denied her motion for a special trial preference pursuant to CPLR 3403 (a) (3) and to set the case down for a trial date certain.…
Jones v. Spencer Page 54052
— In an action, inter alia, for a judgment declaring that certain amendments to the Rules and Regulations of the Yonkers City Committee of the Conservative Party are null and void, defendant appeals from an order of the Supreme Court, Westchester County (Rosenblatt, J.), dated October 24, 1984, which invalidated the…
Juers v. Barry Page 54053
— In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Orange County (Donovan, J.), dated August 20, 1984, which granted plaintiff’s motion to vacate a prior conditional order of preclusion of the same court (Buell, J.).…
Ladell v. Field Page 54054
—In a supplementary proceeding to enforce a money judgment, defendant appeals (1) from an order of the Supreme Court, Westchester County (Donovan, J.), dated November 2, 1983, which granted plaintiff’s motion for an order adjudging defendant in contempt of court and inter alia, imposed a fine for his failure to…
Lazarus v. Lazarus Page 54055
— In an action to set aside a stipulation of the parties made in connection with the settlement of their previous matrimonial action and for increased child support, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated March 21, 1985, which, upon the defendant husband’s…
Ledogar v. Ledogar Page 54056
— Order of the Supreme Court, Suffolk Court, dated *1013September 6, 1984, affirmed, with costs, for reasons stated by Justice Gowan at Special Term.…
Leonardo v. Metro Burak, Inc. Page 54057
— In a stockholder’s derivative action, defendants appeal from an order of the Supreme Court, Richmond County (Felig, J.), dated March 25, 1985, which denied their motion for a protective order.…
Manchester Deli, Inc. v. County of Dutchess Page 54058
— In an action to recover damages for injuries to property arising from road construction, plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Rosenblatt, J.), entered April 25, 1985, as denied their motion to vacate the demand of defendant County of Dutchess for a bill of particulars.…
MacAskill v. MacAskill Page 54059
— In a matrimonial action, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Levitt, J.), entered July 27, 1984, as, after a nonjury trial, awarded the plaintiff wife maintenance in the sum of $225 per week for a three-year period commencing July…
Mastro v. Mastro Page 54060
— In a proceeding pursuant to Family Court Act § 842, the appeal is from an order of the Family Court, Westchester County (Miller, J.), dated June 25, 1985, which granted respondent’s motion to vacate an order of the same court dated January 23, 1985 and entered on respondent’s default, and set the matter of…
Minnick v. Minnick Page 54061
— In a matrimonial action, the plaintiff wife appeals (1) as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Martin, J.), entered May 23, 1984, as enjoined her from "inviting anyone to visit overnight at the marital residence” and granted the defendant…
— In an action, inter alia, to recover damages for breach of an insurance contract, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Meade, J.), dated November 23, 1984, as denied that branch of plaintiffs motion which sought partial summary judgment on the…
— In an action premised on defendant bank’s failure to deposit a check *1018consistent with a restrictive indorsement, plaintiff appeals from so much of an order of the Supreme Court, Orange County (Ritter, J.), dated February 5, 1985, as denied those branches of its motion which sought to strike defendant’s second…
Ng v. Simons Page 54064
— In an action, inter alia, for a judgment declaring that plaintiffs have complied with the "subj ect-to-mortgage” clause of a contract for the sale of real property and for the return of a down payment held in escrow, plaintiffs appeal from (1) so much of an order of the Supreme Court, Queens County (Hyman, J.)…
Olit Associates v. Brand Manufacturing Corp. Page 54065
— In actions, inter alia, to recover damages for breach of a lease, defendant appeals (1) from an order of the Supreme Court, Nassau County (Widlitz, J.), dated October 30, 1984, which denied its motion to set aside defaults in two of the actions, and (2) as limited by its brief, from so much of an order of the same…
Pan Atlantic Group, Inc. v. Isacsen Page 54066
— In an action on a promissory note, commenced by service of a summons and notice of motion for summary judgment in lieu of a complaint, plaintiff appeals from an order of the Supreme Court, Westchester County (Dickinson, J.), dated April 30, 1984, which denied its motion for summary judgment^ with leave to serve a…
Riina v. Bitterlich Page 54067
— In an action for specific performance of a contract for the sale of real estate or, alternatively, damages for breach of contract, plaintiff appeals from (1) so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered June 22, 1984, as conditionally granted defendants’ motion to cancel the…
Rosen v. Rosen Page 54068
— Order of the Supreme Court, Nassau County, dated September 18, 1984, affirmed, without costs or disbursements, for reasons stated by Justice Lockman at Special Term.…
Roe Bros. v. Adam Page 54069
— In an action, inter alia, to recover for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Orange County (Palella, J.), dated December 13, 1983, which granted a motion by the defendant’s decedent to vacate a judgment of the same court, entered June 10, 1983, upon his default in…
— In an action, inter alia, to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated June 13, 1985, which denied their motion for a protective order and ordered their expert to appear for a deposition.…
— In an action to recover damages for personal injuries, third-party defendant Orange County Insulation Corp. appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), entered January 23, 1985, which granted defendant and third-party plaintiff International Business Machines Corp.’s motion to compel…
Story v. Brady Page 54072
— In a matrimonial action, defendant husband appeals from a judgment of the Supreme Court, Westchester County (Martin, J.), dated June 11, 1984, which granted plaintiff wife’s motion for the entry of a money judgment for arrears in child support which accrued from 1969 through March 3, 1983.…
Tesoriero v. Tesoriero Page 54073
— In a matrimonial action, the defendant husband appeals from a judgment of the Supreme Court, Suffolk County (Wager, J.), entered July 12, 1984, which awarded the plaintiff wife a divorce and custody of the children of the parties and, inter alia, determined issues of child support and equitable distribution.…
T.N.T. Coatings, Inc. v. County of Nassau Page 54074
— In an action to foreclose a mechanic’s lien, plaintiff and defendant Tri-State Sol-Aire Corp. appeal from an order of the Supreme Court, Nassau County (Velsor, J.), dated July 19, 1984, which (1) granted defendant County of Nassau’s motion for summary judgment, (2) granted defendants’, Equitable Life Assurance…
Windheim v. State Page 54075
— In two claims to recover damages for personal injuries, etc., arising from a motor vehicle accident, claimants appeal from two judgments of the Court of Claims (Lengyel, J.), each dated April 9, 1984, which, after a nonjury trial, dismissed their respective claims.…
— In an application by the petitioners, inter alia, to punish the appellants for contempt of court in failing to comply with an order of the Supreme Court, Kings County (Bellard, J.), dated July 27, 1982, in a proceeding pursuant to CPLR article 78, the appeal is from an order of the same court, dated December 1…
In re the Estate of Kronen Page 54077
— In a proceeding to construe a will, the petitioner appeals from a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated December 16, 1983, which determined that the will was devoid of a residuary clause or of a clause disposing of the decedent’s assets in the event that his wife predeceased him, as she…
Mosca v. Barclay Page 54078
In a proceeding pursuant to CPLR article 78, inter alia, to review the "reinstatement” of respondent Michael Restiano to the Mount Kisco Police Department, petitioners appeal from so much of a judgment of the Supreme Court, Westchester County (Slifkin, J.), entered June 11, 1984, as dismissed the petition on the…
Moss v. Holtzman Page 54079
— In a proceeding pursuant to CPLR article 78 to compel respondent Holtzman to address legal mail sent by her directly to petitioner rather than to the warden of the prison facility in which he is detained, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated January 4, 1985…
People v. Brown Page 54080
— Appeal by defendant from an amended judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered August 16, 1984, which adjudicated him in violation of probation, after a hearing, and imposed a sentence of three months’ imprisonment.…
People v. Brown Page 54081
— Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered February 22, 1984, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Canning Page 54082
— Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered September 24, 1984, convicting her of criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.…
People v. Davis Page 54083
— Appeal by defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered June 26, 1981, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Dietz Page 54084
— Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered February 7, 1984, convicting him of attempted rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.…
People v. Grassia Page 54085
— Appeals by defendant (1) from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered January 8, 1980, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence, and (2) by permission, from an order of the same court, dated January 13, 1983, which denied his motion to…
People v. Harper Page 54086
Appeal by defendant from two judgments of the Supreme Court, Queens County (Kellam, J.), both rendered April 21, 1983, convicting him of two counts of attempted robbery in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Irazarry Page 54087
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered June 24, 1983, convicting him of robbery in the first degree, robbery in the second degree (two counts), and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Kennedy Page 54088
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Corriero, J.), rendered September 7, 1984, convicting him of attempted burglary in the first degree, upon his plea of guilty, and *1043sentencing him as a second felony offender to an indeterminate term of 4 to 8 years’ imprisonment.…
People v. Lotito Page 54089
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered September 14, 1984, convicting him of attempted criminal possession of a weapon in the third degree and attempted bribery in the second degree, upon his plea of guilty, and sentencing him to two concurrent indeterminate…
People v. Meadows Page 54090
— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Savarese, J.), imposed December 23, 1981, upon his plea of guilty to robbery in the second degree, the sentence being a term of imprisonment of 3 Vi to 7 years.…
People v. Morales Page 54091
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered March 22, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Nelson Page 54092
— Appeal by defendant from a *1045judgment of the Supreme Court, Kings County (Leone, J.), rendered February 16, 1979, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Newton Page 54093
— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Hickman, J.), rendered September 14, 1984, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Ofunniyin Page 54094
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J.), rendered March 31, 1981, convicting him of criminal possession of marihuana in the first degree, upon a jury verdict, and imposing sentence.…
People v. Pollard Page 54095
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered April 26, 1984, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Sito Page 54098
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Mirabile, J.), rendered November 22, 1982, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.…
People v. Smith Page 54099
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered March 6, 1984, convicting him of attempted criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Startt Page 54101
— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered June 21, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Thompson Page 54102
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered July 21, 1980, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Weiss Page 54103
— Appeal by defendant from two judgments of the Supreme Court, Kings County (Goldstein, J.), both rendered November 22, 1983, convicting him of two counts of attempted robbery in the first degree (one count on each indictment), upon his pleas of guilty, and imposing sentences.…
People v. Wyche Page 54104
— Appeal by defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered July 14, 1983, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
— In an action to recover the balance allegedly due for pharmaceuticals and medical supplies provided to alleged Medicaid eligibles under the New York City Medical Assistance Program, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated November 18, 1983, which denied (1) its motion…
Bonez v. Shea Page 54371
Proceeding, pursuant to CPLR article 78, for judgment in the nature of prohibition and mandamus, dismissed, without costs.…
People ex rel. Lombardi v. LeFevre Page 54372
Application, pursuant to CPLR 7002 (b) (2) for writ of habeas *102corpus denied.…
Brown v. Coughlin Page 54373
Motion for permission to proceed as a poor person treated as an application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term, which denied an ex parte petition in a proceeding pursuant to CPLR article 78.…
Juracka v. Severson Page 54374
Application, pursuant to CPLR article 78, for judgment in the nature of mandamus, dismissed, without costs, on the ground a proceeding against a Judge of the Surrogate’s Court is improperly commenced in this court in the first instance (CPLR 506 [b]; Matter of Nolan v Lungen, 61 NY2d 788).…
People v. Montgomery Page 54375
Appeals (1) from a judgment of the County Court of Albany County (Harris, J.), rendered April 19, 1979, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree, and (2) from a judgment of said court, rendered May 25, 1984, which revoked defendant’s probation and imposed a…
Leo v. Regan Page 54376
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.…
Hickman v. Coughlin Page 54377
*106Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.…
People v. Dryden Page 54378
Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered December 3, 1984, convicting defendant upon his plea of guilty of the crime of criminal sale of marihuana in the second degree.…
Schwartzberg v. Axelrod Page 54379
J. Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered June 27, 1984 in Albany County, which, inter alia, dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to enjoin respondents from continuing administrative proceedings with respect to an audit and reduction…
In re the Estate of Novak Page 54380
Appeal from a decree of the Surrogate’s Court of Albany County (Marinelli, S.), entered October 19, 1984, which, inter alia, denied the relief requested by petitioner concerning the construction of a provision in decedent’s will.…
Burke v. New York State Police Page 54381
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered September 4, 1984 in Albany County, which, inter alia, granted defendants’ cross motion for summary judgment and declared that defendants had general authority to create titles of technical lieutenant in excess of the three required by…
Glaski v. Regan Page 54382
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.…
Renn v. Kimbark Page 54383
Appeal from an order of the Supreme Court, entered August 29, 1984 in Ulster County, upon a decision of the court at Trial Term (Williams, J.), without a jury, which declared the percentage share and distribution to the paid and volunteer firemen of the Kingston Fire Department and to the Kingston Exempt Firemen’s…
People v. Pasko Page 54384
Appeal from a judgment of the County Court of Schenectady County (Stroebel, Jr., J.), rendered October 4, 1984, convicting defendant following a nonjury trial of the crimes of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and unlawful imprisonment in the second degree.…
Nurek v. Town of Vestal Page 54385
Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered February 13, 1985 in Broome County, which, upon granting defendant’s motion for renewal, adhered to its original order denying defendant’s motion for summary judgment dismissing the complaint.…
Barnett v. Perales Page 54386
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Broome County) to review a determination of respondent State Commissioner of Social Services which sustained the discontinuance of petitioner’s grant of public assistance for 30 days.…
People v. Lennon Page 54387
Appeal from two judgments of the County Court of Franklin County (Plumadore, J.), rendered September 24, 1984, upon a verdict convicting defendants of the crime of criminal possession of a controlled substance in the first degree.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a parking sales tax imposed under Tax Law article 29.…
Sussman v. Sussman Page 54389
Appeal from a judgment of the Supreme Court, entered April 15, 1985 in Otsego County, upon a decision of the court at Trial Term (Harlem, J.), without a jury, which, inter alia, awarded the parties joint custody of their child.…
People v. Rider Page 54390
Appeal from an order of the County Court of Greene County (Fromer, J.), entered June 8, 1983, which partially granted defendant’s motion to dismiss the indictment.…
Schauer v. Gent Page 54391
Appeal from an order and judgment of the Supreme Court at Special Term (Lee, Jr., J.), entered September 14, 1984 in Delaware County, which partially granted defendant’s motion for summary judgment dismissing the complaint.…
People ex rel. Wortham v. Jones Page 54392
Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied (see, People ex rel.…
People v. Taber Page 54393
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 21, 1983, convicting defendant upon his plea of guilty of the crime of arson in the third degree.…
People v. McGrath Page 54394
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered April 5, 1984, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the fifth degree.…
People v. Terry Page 54395
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered January 27, 1984, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.…
Nelson v. Coughlin Page 54396
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered August 10, 1984 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of…
Miller v. New York State Tax Commission Page 54397
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination by respondent which sustained an unincorporated business tax assessment imposed under Tax Law article 23.…
Donaloio v. State Page 54398
Appeal from an order of the Court of Claims (Hanifin, J.), entered April 23, 1984, which denied claimants’ motion for an upward modification of interest on a condemnation award.…
People v. Johnson Page 54399
Appeal from a judgment of the Supreme Court at Trial Term (Crew, III, J.), rendered November 2, 1984 in Chemung County, upon a verdict convicting defendant of the crime of attempted burglary in the second degree.…
People v. Hall Page 54400
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered September 27, 1984, convicting defendant upon his plea of guilty of three counts of the crime of burglary in the third degree.…
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered May 18, 1984 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul certain agricultural land use values promulgated by respondent State Board of Equalization and Assessment in…
People v. Demand Page 54402
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered January 4, 1985, convicting defendant upon his plea of guilty of four counts of the crime of robbery in the first degree.…
Cortez v. Wilmot Page 54403
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Chemung County) to review a determination of respondent which found that petitioner should be placed in protective admission.…
Bennett v. LeFevre Page 54404
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Correctional Services finding that petitioner violated certain disciplinary rules.…
Polak v. Schwenk Page 54405
Appeal from an order of the Supreme Court at Special Term (Brown, J.), entered December 13, 1984 in Schenectady County, which denied plaintiffs’ motion for leave to serve an amended complaint.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State Tax Commission which sustained a sales tax assessment imposed under Tax Law article 28.…
Pastor v. State Tax Commission Page 54407
Appeal from a judgment of the Supreme Court at Special Term (Bradley, J.), entered February 23, 1984 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent sustaining an *145unincorporated business tax assessment imposed under…
Hedrington v. Hercules Corp. Page 54408
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated January 30, 1985, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on race, color and sex.…
J. Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered February 13, 1985 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Education holding petitioner responsible for the…
People v. La Grange Page 54410
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 28, 1984, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.…
Gill v. Coughlin Page 54411
—Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered March 29, 1985 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s grievance.…
Dryden Mutual Insurance v. Michaud Page 54412
Appeal from an amended order and judgment of the Supreme *151Court at Special Term (Tait, Jr., J.), entered January 29, 1985 in Tompkins County, which, inter alia, granted plaintiffs motion for summary judgment and declared that plaintiff had no duty to defend or indemnify defendant Sandra Jeanne Michaud.…
Berry v. State Page 54413
Appeal Harvey, from an order of the Court of Claims (Murray, J.), entered September 25, 1984, which denied claimants’ application pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.…
Andrews v. Lucarelli Page 54414
Appeal from that part of an order of the Supreme Court at Special Term (Dier, J.), entered January 29, 1985 in Schenectady County, which denied defendants’ motions for summary judgment dismissing the complaint.…
Dejnozka v. City of Saratoga Springs Page 54415
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Saratoga County) to review a determination of respondent Commissioner of Public Safety of the City of Saratoga Springs which found petitioner guilty of misconduct and suspended him from duty as a…
Van Valkenburg v. Durfee Page 54416
Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered February 7, 1985 in Schoharie County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Village of Middleburgh Zoning Board of Appeals finding petitioner was in…
Jaroszewicz v. Facilities Development Corp. Page 54417
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered March 29, 1985 in Albany County, which granted the motion of defendants C.…
Smith v. Regan Page 54418
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.…
Rouse v. County of Greene Page 54419
Appeal from an order of the Supreme Court at Special Term (Connor, J.), entered February 13, 1985 in Greene County, which denied the motion of defendants Elwood G.…
Mulford v. Borg-Warner Acceptance Corp. Page 54420
Appeal from an order and judgment of the Supreme Court at Special Term (Murphy, J.), entered April 19, 1985 in Madison County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Elgart v. Raleigh Hotel Corp. Page 54421
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 8, 1985 in Sullivan County, which denied plaintiffs’ motion for a default judgment.…
In re the Claim of Steed Page 54422
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 24, 1985, which ruled that claimant was disqualified from receiving benefits because he had voluntarily left his employment without good cause and imposed a forfeiture of four effective days as a penalty in reduction of future benefits.…
Robb v. McIntosh Page 54423
Appeals (1) from an order of the Family Court of Delaware County (Estes, J.), entered July 5, 1985, which, sua sponte, dismissed petitioner’s application for a modification of a prior custody award on the ground that the court lacked jurisdiction to entertain the controversy, and (2) from an order of said court…
In re the Claim of Zalobin Page 54424
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 11, 1984, which ruled that claimant was disqualified from receiving benefits because he lost his employment due to misconduct.…
Ronson v. Commissioner of Corrections Page 54425
Motion by petitioner for permission to proceed as a poor person treated as an application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which (1) dismissed an ex parte petition in a proceeding pursuant to CPLR article 78, and (2) denied an application for reargument.…
In re the Claim of Knights Page 54426
ent. Motion to dismiss appeal as untimely taken granted, without costs (see, Labor Law § 624).…
People ex rel. Boyd v. LeFevre Page 54427
Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied (see, People ex rel.…
Vermette v. Kenworth Truck Co. Page 54428
Motion for reargument denied, without costs.…
People v. Benton Page 54429
Appeal from a judgment of the County Court of Sullivan County (Scheinman, J.), rendered March 2, 1983, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.…
People v. Ely Page 54430
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 23, 1983, upon a verdict convicting defendant of the crime of murder in the second degree.…
People v. Birds Page 54431
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 8, 1983, upon a verdict convicting defendant of the crimes of rape in the first degree (one count), attempted sodomy in the first degree (two counts) and robbery in the second degree (one count).…
People v. Tucker Page 54432
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered April 11, 1983, upon a verdict convicting defendant of the crime of murder in the second degree.…
People v. Brooks Page 54433
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. Martin Page 54434
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered November 2, 1983, upon a verdict convicting defendant of the crime of burglary in the second degree.…
People v. Vincent Page 54435
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 19, 1984, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the second degree, attempted aggravated assault upon a police officer, reckless endangerment in the first degree and resisting…
Wood v. Hein Trucking Corp. Page 54436
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered March 16, 1984 in Albany County, upon a verdict rendered at Trial Term (Conway, J.).…
People v. Gaudet Page 54437
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered July 12, 1984, upon a verdict convicting defendant of the crimes of assault in the first degree and assault in the second degree.…
People v. Van Buren Page 54438
J. Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered July 31, 1984, convicting defendant upon his plea of guilty of the crimes of attempted burglary in the second degree (three counts), grand larceny in the second degree (one count) and grand larceny in the third degree (two…
People v. Paulo Page 54439
Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered July 12, 1984 in Chemung County, upon a verdict *186convicting defendant of the crimes of burglary in the third degree, grand larceny in the third degree and criminal possession of stolen property in the second degree.…
Neuhs v. Ingersoll Rand Co. Page 54440
Appeal from an order and judgment of the Supreme Court at Special Term (Hughes, J.), *188entered February 15, 1984 in Albany County, which, inter alia, granted a motion by defendant Prudential-Bache Securities, Inc., for summary judgment dismissing the complaint against it.…
People v. Crutchfield Page 54441
Appeal, by permission, from an order of the County Court of Albany County (Turner, Jr., J.), entered October 16, 1984, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of manslaughter in the first degree, without a hearing.…
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 19, 1984 in Essex County, upon a verdict rendered at Trial Term (Shea, J.).…
Taubman v. Taubman Page 54443
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered September 24, 1984 in Essex County, which granted plaintiff’s motion for a money judgment for arrearages of maintenance and support and for counsel fees.…
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 9, 1984 in Albany County, upon a decision of the court at Trial Term (Torraca, J.), without a jury.…
In re Shari WW. Page 54445
Appeal from an order of the Family Court of Clinton County (Feinberg, J.), entered January 8, 1985, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 7, to adjudicate respondent a person in need of supervision.…
State v. Ranks Page 54446
Appeal from that part of an amended order of the Supreme Court at Special Term (Hughes, J.), entered November 13, 1984 in Albany County, which granted defendant’s motion for summary judgment dismissing the second cause of action in the complaint.…
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered July 9, 1984 in Albany County, which partially granted defendant’s motion to dismiss the complaint.…
Johnston v. New York Tax Commission Page 54448
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a personal income tax assessment imposed under Tax Law article 22.…
Appeal from an order and judgment of the Supreme Court at Special Term (Williams, J.), entered January 30, 1985 in Albany County, which granted plaintiff’s motion for summary judgment.…
Appeal from an order and judgment of the Supreme Court at Special Term (Pennock, J.), entered February 6, 1985 in Sullivan County, which granted plaintiffs motion for summary judgment on its fourth cause of action.…
Small v. Small Page 54451
Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered November 6, 1984 in Sullivan County, which granted plaintiffs motion for summary judgment.…
Sidoti v. State Page 54452
Appeal from an order of the Court of Claims (Koreman, P.…
Karandy v. Countryman Page 54453
Appeal from an order and judgment of the Supreme Court at Special Term (Cerrito, J.), entered December 11, 1984 in Schenectady County, which, inter alia, granted plaintiffs motion for summary judgment on the issue of liability.…
Williams v. City of Schenectady Page 54454
Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered April 3, 1985 in Schenectady County, which granted plaintiffs motion for a preliminary injunction.…
Edwards v. Town of Delaware Page 54455
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered January 25, 1985 in Sullivan County, which granted *206petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.…
Allied Stores Corp. v. State Tax Commission Page 54456
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a sales and use tax assessment imposed under Tax Law articles 28 and 29.…
Appeals from an order of the Supreme Court at Special Term (Bradley, J.), entered November 5, 1984 in Schenectady County, which, inter alia, granted plaintiff’s motion for partial summary judgment on the issue of liability and denied the cross motion of defendant for summary judgment on its third-party complaint.…
Heindel v. Wein Page 54458
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered March 18, 1985 in Sullivan County, *212which denied the motion of defendants Lawrence Wein and Peter Malkin to dismiss the complaint against them.…
Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered February 22, 1985 in Albany County, which, inter alia, denied defendant’s motion to vacate a default judgment entered against him.…
Albany Miron Lumber Corp. v. Barr Page 54460
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered February 6, 1985 in Albany County, which denied plaintiffs motion for summary judgment.…
People v. Johnson Page 54461
Upon remittitur from the Court of Appeals, judgment unanimously affirmed.…
Upon remittitur from Court of Appeals, order entered November 7, 1984, unanimously vacated and matter remitted to State Division of Human Rights for further proceedings, in accordance with memorandum decision of Court of Appeals dated October 15, 1985 (66 NY2d 684).…
People v. Tyler Page 54463
Upon remittitur from the Court of Appeals, judgment unanimously affirmed.…
People v. Ferguson Page 54464
lant. Judgment affirmed. Memo- randum: Defendant appeals from a judgment of conviction of second degree murder and primarily argues that the trial court’s declaration of a mistrial during his first trial precluded his retrial for the same offense.…
Barnes v. Smith Page 54465
Judgment unanimously reversed, on the law, and matter remitted to Supreme Court, Wyoming County, for a hearing, in accordance with the following memorandum: In this CPLR article 78 proceeding petitioner, an inmate at the Attica Correctional Facility, maintains that he should not be punished for violation of a facility…
People v. Conyers Page 54466
Judgment unanimously affirmed. Memorandum: Defendant’s statement was properly admitted into evidence as it was not obtained through exploitation of his illegal arrest.…
People v. Greene Page 54467
Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The People claim on appeal that the hearing court erred in summarily granting defendant’s motion to dismiss the indictment for denial of his right to a speedy trial.…
People ex rel. Bradley v. Smith Page 54470
Judgment unanimously modified by converting the proceeding to one under CPLR article 78 and, as modified, affirmed.…
People ex rel. Baptiste v. Smith Page 54471
Judgment unanimously modified by converting proceeding to one under CPLR article 78 and as modified, affirmed.…
Flowers v. Smith Page 54472
Judgment unanimously reversed on the law, and petition dismissed.…
People v. Pressley Page 54473
Judgment unanimously affirmed. Memorandum: Defendant’s principal contention on appeal is that County Court erred in denying his motion to dismiss the indictment on the ground that the People were not ready for trial within six months of the commencement of this criminal action (CPL 30.30 [1] [a]).…
Puntoriero v. Johnson Page 54474
Order unanimously modified, on the law, and, as modified, affirmed without costs, in accordance with the following memorandum: Defendants’ motion for a protective order should have been granted with respect to materials sought under paragraph 3 of plaintiffs’ CPLR 3120 demand.…
Noe v. Park Country Club of Buffalo Page 54475
Order unanimously affirmed, without costs.…
Judgment unanimously affirmed, with costs.…
Larsen v. Srogi Page 54477
Order and judgment unanimously modified, on the facts, and, as modified, affirmed, with costs to petitioners, in accordance with the following memorandum: We disagree with the assessor that the Referee failed to give proper weight to the 1982 sale of the subject property.…
Alicea v. Ogden Newspapers, Inc. Page 54478
Order unanimously reversed, on the law, without costs, and defendant’s motion granted.…
Nowlin v. Smith Page 54481
Judgment unanimously affirmed (see, Matter of Jermosen v Smith, 84 AD2d 932, lv denied 56 NY2d 711).…
People v. Bellis Page 54482
Judgment, insofar as appealed from, unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and matter remitted to Ontario County Court for resentencing, in accordance with the following memorandum: Before sentence is imposed following a felony conviction, the court must order a…
People v. Morello Page 54483
lant. Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted of seven counts of rape, sodomy and sexual abuse based on lack of consent due to the ages of the two victims.…
People v. Burke Page 54484
Judgment unanimously modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on defendant’s conviction of criminal possession of a controlled substance, third degree (two counts), to a maximum of nine years and a minimum of three years and otherwise judgment affirmed.…
People v. Hill Page 54485
Judgment unanimously affirmed. Memorandum: The evidence presented at trial concerning the nature and severity of the victim’s injuries was sufficient to entitle the jury to infer defendant’s intent to kill (People v McDavis, 97 AD2d 302, 303).…
People ex rel. Hopper v. Smith Page 54486
Judgment unanimously modified to convert proceeding to one under CPLR article 78 and, as modified, affirmed.…
People v. Cook Page 54487
Judgment affirmed. Memorandum: The suppression court properly concluded that Officer Dray-ton, dispatched at night to investigate a reported burglary, had probable cause to arrest defendant.…
People v. Bishop Page 54488
Judgment unanimously affirmed. Memorandum: The showups were not unduly suggestive and occurred near the scene of the crime and soon thereafter (see, Neil v Biggers, 409 US 188, 198; Manson v Brathwaite, 432 US 98, 113; People v Adams, 53 NY2d 241, 248-252; People v Logan, 25 NY2d 184, 195, cert denied 396 US 1020).…
Rothrock v. Cottom Page 54489
Judgment unanimously reversed, on the law, without costs, motions granted and complaint dismissed.…
Osborne v. Nells Page 54490
Determination unanimously confirmed and petition dismissed, *243without costs.…
Judgment unanimously affirmed, with costs, for reasons stated in memorandum decision at Special Term, Cook, J.…
Order unanimously reversed, on the law, without costs, and defendant Austin Powder Company’s motion granted.…
Wittie v. Texas Gulf, Inc. Page 54493
Order unanimously affirmed, with costs. Memorandum: Defendants Alec Wildenstein, Wildenstein and Co., Inc. and Jet Air, Inc. appeal from an order denying their motions to dismiss plaintiffs complaint for failure to state a cause of action and lack of personal jurisdiction.…
People v. Frear Page 54494
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. De Wispelaere Page 54495
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of burglary in *247the first degree, robbery in the first degree, two counts of grand larceny in the third degree and unauthorized use of a motor vehicle.…
People v. Fross Page 54496
Judgment unanimously affirmed. Memorandum: The trial court properly refused to permit defense counsel to use a police report to refresh the eyewitness’s recollection since the witness exhibited no lack of memory (see, People v Boice, 89 AD2d 33).…
People ex rel. Catapano v. Smith Page 54497
Judgment unanimously affirmed. Memorandum: The hearing officer complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel.…
People v. Floyd Page 54498
Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the court erred in failing to charge accessorial liability (Penal Law § 20.00).…
People v. Watts Page 54499
Judgment unanimously affirmed. *249Memorandum: By eliciting evidence concerning the photographic array and creating an inference that the array led to a mistaken identification of defendant, defense counsel opened the door to the prosecution’s evidence explaining the circumstances of the viewing (see, People v…
People v. Murphy Page 54500
Judgment unanimously modified, on the law and facts, to provide that the consecutive sentence imposed be served concurrently and otherwise, judgment affirmed.…
People v. Coble Page 54501
Judgment unanimously affirmed. Memorandum: Defendant, who was convicted of criminal possession of stolen property in the second degree, argues that it was error to admit evidence at trial which was the subject of another pending indictment.…
Schlueter v. Rockwell Realty Page 54502
Order unanimously reversed, on the law, with costs, and judgment of Webster Town Court reinstated.…
Carey v. State Page 54503
Judgment unanimously affirmed, without costs, for reasons stated in the decision at Court of Claims, Lowery, J.…
Gallina v. State Page 54504
Judgment unanimously affirmed, with costs to claimant.…
Kaminski v. Prynn Page 54505
Judgment unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Plaintiff sus*252tained injuries when his vehicle was struck broadside by a defendant who failed to stop as required at a stop sign.…
Baran v. Curtiss Wright Corp. Page 54506
Order unanimously reversed, on the law, without costs, and motion granted.…
Beaver v. ECO Insulation Systems, Inc. Page 54507
I respectfully disagree with the majority.…
People ex rel. Lloyd v. Smith Page 54508
Judgment unanimously reversed, on the law, proceeding converted to one under CPLR article 78, and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Since habeas corpus is not a proper remedy in this matter, we convert the same to an article 78…
People v. Morris Page 54509
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People *255v Crawford, 71 AD2d 38).…
People ex rel. Brown v. Smith Page 54510
Judgment unanimously affirmed. Memorandum: A parolee has the right to counsel upon a final parole revocation hearing (People ex rel.…
People v. Van Casselle Page 54511
Judgment, insofar as appealed from, unanimously reversed, on the law, sentence vacated and new trial granted.…
People v. Hoffman Page 54512
Judgment unanimously reversed, on the law, plea vacated, indictment charging defendant with criminal possession of marihuana in the second degree and conspiracy in the fifth degree (relating to marihuana) dismissed and defendant remanded to Niagara County Court for further proceedings on the remaining indictment.…
People v. Edgerton Page 54513
Judgment unanimously reversed, on the law, and defendant remanded to Supreme Court, Monroe County, for a hearing and a new trial, in accordance with the following memorandum: Defendant appeals from his September 5, 1979 conviction following a jury trial of six counts of second degree arson in connection with six…
Xerox Corp. v. Board of Assessment Review Page 54514
Judgment unanimously, affirmed, without costs, for reasons stated in memorandum decision at Special Term, Boehm, J.…
Xerox Corp. v. Kuhn Page 54515
Appeal unanimously dismissed as moot, without costs.…
Leary v. City of Rochester Page 54516
Order affirmed, without costs. Memorandum: Plaintiff appeals from an order granting summary judgment to defendant in this personal injury action, on the ground that plaintiff failed to comply with the prior written notice provision set forth .…
Horvath v. Niacet Corp. Page 54517
Order unanimously reversed, on the law, with costs, and plaintiff’s motion granted.…
Smith v. Town of Penfield Page 54518
Judgment unanimously affirmed, without costs.…
Order unanimously affirmed, with costs, for reasons stated in memorandum decision at Special Term, Adams, J.…
Collesano v. Calabro Page 54520
Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.…
Marciszewski v. Hoselton Datsun, Inc. Page 54521
Judgment unanimously affirmed, with costs.…
Judgment unanimously affirmed, without costs.…
Gould v. County of Orleans Page 54523
Order unanimously affirmed, with costs. Memorandum: Special Term properly denied the motion of defendant County of Orleans for summary judgment in these actions which arose out of a two-car head-on collision inside a one-lane tunnel beneath the Barge Canal on Culvert Road, a county highway in Orleans County.…
People v. Michael Page 54524
Judgment unanimously affirmed. Memorandum: The court properly exercised its discretion in denying defendant’s mistrial motions (CPL 280.10).…
People v. Kopciowski Page 54525
Order unanimously affirmed. Memorandum: The indictment was properly dismissed as the People failed to show that any preindictment delay attributable to defendant impeded or prevented them from presenting the case to the Grand Jury (see, People v Meierdiercks, 111 AD2d 769; People v Klaus, 104 AD2d 566, 567-568; People…
People v. Bisesi Page 54526
Judgment unanimously affirmed. Memorandum: Defendant was convicted of endangering the welfare of a child (Penal Law § 260.10 [1]).…
People v. Buckman Page 54527
Judgment unanimously affirmed. Memorandum: Defendant was convicted following a nonjury trial of criminal possession of a controlled substance in the first degree.…
Order unanimously reversed, in the exercise of discretion, without costs, and plaintiff’s motion granted.…
Bradley W. v. Mary Ann N. Page 54529
Order reversed, on the law and facts, without costs, and petition granted, in accordance with the following memorandum: Petitioner appeals from an order denying his application to be declared the father of five-year-old Bradley N., the illegitimate son of respondent.…
Orders unanimously affirmed, without costs.…
Order unanimously modified, on the law, and, as modified, affirmed without costs, in accordance with the following memorandum: The court has granted summary judgment declaring the present zoning of the respondents’ property unconstitutional solely on the basis of the res judicata and collateral estoppel effect of…
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff’s amended complaint alleges three causes of action.…
Order and judgment unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: The court, after a nonjury trial, granted judgment to plaintiff, a real estate broker, for an amount due for the claimed…
Petition unanimously granted, without costs, determination annulled, complaint reinstated and matter remitted to State Division of Human Rights for further proceedings, in accordance with stipulation of the parties.…
Order unanimously reversed, on the law, without costs, and order approving paternity agreement reinstated.…
People v. Dixon Page 54536
Judgment unanimously affirmed. Memorandum: The information furnished to the police by an identified citizen gave rise at least to a reasonable suspicion that defendant was armed and involved in criminal activity, authorizing a frisk for weapons (CPL 140.50 [3]) encompassing a limited search of her handbag (People v…
People v. Frazier Page 54537
Judgment unanimously reversed, on the law, and new trial granted.…
Fontana v. Perfection Cobey Co. Page 54538
Order unanimously affirmed, with costs. Memorandum: Plaintiff was injured when the body of a dump truck he was operating dislodged from the chassis and hydraulic cylinder and fell on the cab of the truck.…
Spano v. County of Onondaga Page 54539
Order unanimously affirmed, without costs.…
Judgment unanimously affirmed, without costs.…
Longway v. Farquhar Page 54541
Order unanimously affirmed, with costs, for reasons stated at Special Term, Inglehart, J.…
Judgment unanimously affirmed, with costs.…
Calamel v. Ridge View Realty Corp. Page 54543
Order unanimously reversed, on the law, without costs, and defendants’ motion granted.…
Scheidelman v. Castle Page 54544
Order unanimously modified, on the law, without costs, and, as modified, affirmed, in accordance with the following memorandum: Defendants appeal from so much of the order at Special Term as denied their motion pursuant to CPLR 3212 (e) for partial summary judgment with respect to plaintiffs’ first, second, third and…
Report of Referees annulled, without costs, and judgment granted in favor of respondent adjudging that the annexation is not in the over-all public interest.…
Johnson v. Smith Page 54546
Judgment unanimously reversed, on the law, and petition dismissed.…
Hameed v. Smith Page 54547
Judgment unanimously vacated and petition dismissed.…
People ex rel. Sanchez v. Smith Page 54548
Judgment unanimously modified, on the law, by reinstating that portion of the petition which alleges that the committee imposed an additional penalty upon petitioner for requesting a superintendent’s hearing and, as modified, affirmed.…
People v. Logue Page 54549
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that he did not effectively waive his right to a jury trial.…
People v. Virgil Page 54550
Judgment reversed, on the law and the facts, and indictment dismissed.…
Gregory v. Town of Cambria Page 54551
Judgment unanimously affirmed, without costs.…
Parsons v. Parsons Page 54552
Judgment and modified judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The parties were married in 1972 and thereafter occupied a residence owned by defendant.…
Kenyon v. Newton Page 54553
Order unanimously modified, on the law, and, as modified, affirmed, without costs, and judgment granted, all in accordance with the following memorandum: Special Term properly denied Newton’s motion for summary judgment in her claim to recover for property damage under the collision insurance provision of the New York…
Gruner v. La Delfa Page 54554
Order unanimously affirmed, without costs, for reasons stated in memorandum decision at Special Term, Tillman, J.…
People v. Rogers Page 54555
Judgment unanimously affirmed. Memorandum: On appeal from a judgment of conviction of second degree burglary defendant raises several claims.…
People v. Fletcher Page 54556
Judgment unanimously reversed, on the law, and new trial granted to be preceded by a new hearing on defendant’s motion to suppress identification testimony.…
People v. Brunson Page 54557
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction of robbery in the second degree in violation of Penal Law § 160.10 (2) (a) is reversed and the sentence imposed thereon vacated since the People have not established that…
Regan v. Smith Page 54558
Judgment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel.…
People v. Harper Page 54559
— Judgment unanimously reversed, as a matter of discretion in the interest of justice, and new trial granted.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Order unanimously modified, on the law, *297and, as modified, affirmed, without costs, in accordance with the following memorandum: Insofar as the order denies the motion to stay arbitration, it should be affirmed.…
Babcock v. Allan Page 54562
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The order is modified by dismissing the complaint in action No. 1 against the defendants Hugh Allan and Hugh *298Allan & Associates.…
Montrois v. City of Watertown Page 54563
Determination unanimously annulled, on the law, without costs, and matter remitted to respondents for a new hearing, in accordance with the following memorandum: Petitioner was terminated from employment in the Watertown Fire Department and his disability benefits were discontinued because he was found guilty of…
Gregory v. City of Watertown Page 54564
Determination unanimously annulled, on the law, without costs, and matter remitted to respondents for a new hearing, in accordance with same memorandum as in Montrois v City of Watertown (115 AD2d 298).…
Johnson v. Phillips Page 54565
Order unanimously affirmed, with costs. Memorandum: We agree with Special Term that the Statute of Limitations does not constitute a bar to plaintiff’s amended complaint, but for a different reason.…
Judgment unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: We find the application by petitioner, a former fire fighter for the City of Syracuse, to have been timely made.…
Judgment unanimously reversed, on the law and facts, without costs, and complaint dismissed.…
Leinwand v. Swan Coin-O-Matic Laundry, Inc. Page 54568
Judgment unanimously affirmed, without costs, in accordance with the following memorandum: The part performance was insufficient to avoid the Statute of Frauds (General Obligations Law § 5-701 [a] [1]) since it was not unequivocally referable to the oral modification; it could well have been done in the performance of…
Newcomb v. Baglia Page 54569
Judgment unanimously affirmed, without costs, for reasons stated in decision at Supreme Court, Chautauqua County, Cass, J.…
People v. Jones Page 54570
Judgment unanimously reversed, on the law and facts, and new trial granted.…
People v. Gilbert Page 54571
Order unanimously reversed, on the law and facts, and motion denied.…
People v. Smith Page 54572
Judgment unanimously affirmed. Memorandum: On appeal from a judgment entered on convictions for three counts of burglary in the third degree and two counts of petit larceny, defendant raises several claims, none requiring reversal.…
People v. Smith Page 54573
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction on two counts *305of robbery in the second degree must be reversed (Penal Law § 160.10 [2] [a]) and the sentence imposed thereon is vacated because they are lesser included crimes…
People v. Shaw Page 54574
Judgment unanimously reversed, on the law, and indictment dismissed.…
Davis v. Smith Page 54575
Judgment unanimously affirmed (see, Executive Law § 259-i [3] [f] [i]; People ex rel.…
People ex rel. Racona v. Hammock Page 54576
Judgment unanimously affirmed. Memorandum: Relator, in requesting that his parole revocation hearing be adjourned until after the disposition of his pending criminal charges, expressly agreed to waive his right to have his hearing within 90 days.…
Moulier v. Smith Page 54577
Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment which dismissed his CPLR article 78 petition alleging that his final parole revocation hearing was untimely.…
Ferris v. Johnson Page 54578
Order unanimously affirmed, with costs, for reasons stated at Special Term, Lynch, J.…
Halloran v. Portville Forest Products, Inc. Page 54579
Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order granting plaintiff summary judgment on the issue of liability only and dismissing defendant’s counterclaim for specific performance.…
Krotz v. CSX Corp. Page 54580
Order unanimously affirmed, with costs. Memorandum: Plaintiff’s intestate was killed when his car collided with a train at a railroad crossing.…
Village of Celoron v. Boutelle Page 54581
Order unanimously affirmed, with costs. Memorandum: Special Term correctly dismissed plaintiff’s cause of action for unjust enrichment against defendant since the record discloses that defendant did not act tortiously or fraudulently when he received a block grant to rehabilitate his home (see, Paramount Film Distr.…
Order unanimously reversed, on the law, without costs, and motion granted.…
Judgment unanimously affirmed, without costs.…
Order unanimously affirmed, without costs, for reasons stated in decision at Special Term, Boehm, J.…
Town of Somerset v. Perry Page 54585
—Judgment unanimously reversed, on the law, without costs, and application granted, in accordance with the following memorandum: Respondents’ conversion of their property from a bargain store to a diner constituted a change of a nonconforming use under the town’s zoning ordinance for which a variance was required…
People v. White Page 54586
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment, after a jury trial, convicting him of bail jumping, first degree (Penal Law § 215.57).…
People v. Rivers Page 54587
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of manslaughter in the second degree (Penal Law § 125.15 [1]) for recklessly causing the death of his wife, who was shot in the head with a shotgun in the bedroom of their home on Christmas Day, 1980.…
People ex rel. Weathersby v. Smith Page 54588
Judg*316ment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel.…
People v. Johnson Page 54589
Judgment unanimously affirmed. Memorandum: Defendant and his codefendant brother (see, People v Johnson, 89 AD2d 814, lv denied 58 NY2d 693) were jointly tried and convicted for the felony murder of a woman during the course of a burglary at her home.…
People v. Roberts Page 54590
Judgment reversed, on the law and facts, plea vacated, and defendant remanded to Orleans County Court for further proceedings on the indictment.…
Manning v. Manning Page 54591
Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Petitioner appeals from an order of Family Court which denied his request for a downward modification of child support and maintenance payments.…
Frontier Linen Supply, Inc. v. Burlakos Page 54592
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In plaintiffs action to collect sums allegedly due under a rental service agreement, Special Term has granted plaintiffs motion for summary judgment dismissing defendants’ affirmative…
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred by not dismissing plaintiffs cause of action for intentional tort, as well as plaintiffs claim for punitive damages.…
Munger v. Drohan Page 54594
ndents. Determination unanimously modified, on the law, and, as modified, confirmed, without costs, and matter remitted to respondent Hogan for imposition of an appropriate penalty, all in accordance with the following memorandum: We find the evidence in the record insufficient to establish charge 2 against…
Copece Contracting Corp. v. County of Erie Page 54595
—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term that County Law § 52 does not require a filing of a notice of claim in compliance with General Municipal Law § 50-e where the claim is for breach of contract (see…
In re the State of Campbell Page 54596
Order unanimously affirmed, without costs, for reasons stated at Chautauqua County Surrogate’s Court, Cass, S.…
People v. Tobie Page 54597
Judgment unanimously affirmed. Memorandum: Defendant entered a guilty plea to one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and was sentenced to serve 4 to 12 years.…
People v. Howard Page 54598
Order unanimously affirmed. Memorandum: The police officer had no authority to make an investigatory stop or to make an arrest for a traffic violation committed outside of his jurisdiction (see, CPL 140.10 [2] [a]; 140.50 [1]).…
People of State of New York v. Case Page 54599
—Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted of burglary in the second degree and criminal mischief in the fourth degree.…
People v. Kinder Page 54600
—Case held, decision reserved and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with People v Weech (98 AD2d 952).…
People v. Bolden Page 54601
Judgment unanimously affirmed. Memorandum: We find that the proof at the Wade hearing was sufficient for the court to find an independent basis for an in-court identification (People v Adams, 53 NY2d 241), even though it is not disputed that the police display of photographs of suspects to the victim in this case was…
Determination unanimously annulled, on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on the complaint.…
Fry v. State Page 54603
Order unanimously affirmed, without costs, for reasons stated in memorandum decision at Court of Claims, Moriarty, J.…
John Deere Co. v. Marine Midland Bank Page 54604
—Order unanimously affirmed, with costs, for reasons stated at Special Term, Tenney, J.…
Boncella v. Camden Central School District Page 54605
—Order unanimously affirmed, without costs.…
Maier v. Maier-Schule GMC, Inc. Page 54606
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this proceeding to fix the fair value of petitioner’s stock pursuant to Business Corporation Law § 1118 (a), the court erred in limiting the time period for which sales tax liability…
—Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this tax certiorari proceeding (Real Property Tax Law art 7), we determine upon the record before us that the actual income and the actual expenses are the best guides to value.…
Shamon v. Lattimore Page 54608
Judgment unanimously reversed, on the law, with costs, and petition dismissed.…
Tripi v. Tripi Page 54609
Judgment unanimously affirmed, without costs.…
Order unanimously reversed, on the law, with costs, and motion granted.…
People v. Vought Page 54611
Judgment unanimously modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to a term of five years’ probation and otherwise judgment affirmed.…
People ex rel. Tigner v. Smith Page 54612
Judgment unanimously affirmed (see, People ex rel.…
People v. Treadwell Page 54613
unanimously affirmed. Memorandum: After an extensive Huntley hearing, the court rejected defendant’s testimony and found that defendant had been fully advised of his rights and he had knowingly, intelligently and voluntarily given the statement.…
People v. Johnson Page 54614
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of assault in the second degree (Penal Law § 120.05 [3]) for causing physical injury to a City of Watertown police officer who was injured in the course of performance of a lawful duty.…
People v. Dillenbeck Page 54615
Judgment unanimously affirmed. Memorandum: We do not believe that it was error for the court to permit the prosecutor to read the prior sworn statement of Patricia Sanford to the jury as past recollection recorded.…
People v. Ferguson Page 54616
Order unanimously af-. firmed. Memorandum: The People, pursuant to CPL 450.20 (8) and 450.50, appeal from an order which granted defendant’s motion to suppress evidence seized from her apartment.…
People v. Williams Page 54617
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the evidence of "physical injury” (Penal Law § 10.00 [9]) was insufficient to support his second degree assault conviction (Penal Law § 120.05 [2]).…
People v. Lyness Page 54618
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of *334conviction for attempted murder in the first degree (Penal Law §§ 110.00, 125.27 [1] [a] [i]), robbery in the second degree, two counts of reckless endangerment in the first degree, criminal use of a firearm in the second degree…
Johnson Newspaper Corp. v. Call Page 54619
Judgment unanimously vacated, on the law, without costs, proceeding converted to a declaratory judgment action and judgment granted therein, in accordance with the following memorandum: In the exercise of our discretion we convert this CPLR article 78 proceeding to a declaratory judgment action (see, CPLR 103 [c]…
Forbush v. Forbush Page 54620
Order unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The prospect of dismissal of the divorce action because of plaintiff’s failure of proof did not divest the court of jurisdiction to hear an…
Morris v. Cooper Page 54621
Order unanimously modi*338fied, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this contract action, plaintiffs appeal from that portion of an order which dismissed their first, third and fifth causes of action.…
Morris v. Brown Page 54622
—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with same memorandum as in Morris v Cooper ([Appeal No. 1], 115 AD2d 337).…
—Order unanimously reversed, on the law, without costs, and motion granted.…
Abrams v. Reed Page 54624
Application unanimously denied and petition dismissed, without costs (see, La Rocca v Lane, 37 NY2d 575, cert denied 424 US 968; Rossettie v Finnerty, 85 AD2d 928).…
Richardson v. Putney Page 54625
Order unanimously reversed, on the facts, without costs, petition granted, and matter remitted to Monroe County Family Court for a determination of child support, in accordance with the following memorandum: It is the burden of the petitioner in a filiation proceeding to prove paternity by clear, convincing and…
People v. Jewsbury Page 54626
Order unanimously modified, on the law, by reinstating counts one, two, five and six of the indictment and, as modified, affirmed.…
People v. Ode Page 54627
—Order unanimously affirmed (see, People v Dukes, 106 AD2d 906; see also, People v Welcome, 37 NY2d 811; Welcome v Vincent, 418 F Supp 1088, revd 549 F2d 853).…
Davis Warehouse, Inc. v. State Page 54628
—Judgment unanimously reversed, on the law, without costs, and matter remitted to Court of Claims for further proceedings, in accordance with the following memorandum: Since the court, in this appropriation proceeding, gave no explanation as to how it arrived at its value for the buildings and there is no range of…
McCarty v. State Page 54629
25.) Judgment unanimously affirmed, without costs.…
Sharman v. State Page 54630
55.) Judgment unanimously affirmed for reasons stated at Court of Claims, Hanifin, J.…
Couture v. Garland Page 54631
—Order unanimously vacated, without costs.…
D'Arrigo v. Aetna Casualty & Surety Co. Page 54632
Order, insofar as appealed from, unanimously reversed, on the law, without costs, and defendant’s motion granted.…
Judgment unanimously modified, on the law, by granting a new trial solely on the issue of defects claimed as offsets by defendants, and, as modified, affirmed, without costs.…
People v. Cook Page 54634
Appeal unanimously dismissed, without costs.…
People v. Cook Page 54636
Appeal unanimously dismissed, without costs.…
Sheridan Park Hospital, Inc. v. Axelrod Page 54637
Judgment unanimously affirmed, without costs, for the reasons stated in memorandum decision at Special Term, Doyle, J.…
Randall v. Youngs & Linfoot, Inc. Page 54638
Appeal dismissed, without costs, upon preargument communication.…
Stefano v. Longo Page 54639
Order unanimously affirmed, without costs.…
D'Amico v. Mahoney Page 54640
Order Order *349unanimously reversed, on the law, without costs, and petition granted.…
D'Amico v. Mahoney Page 54641
Order unanimously reversed, on the law, without costs, and petition granted.…
People v. Merriweather Page 54642
Motion to dismiss appeal granted and appeal unanimously dismissed upon the ground appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People ex rel.…
Farley v. Mahoney Page 54643
Judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Supreme Court, Erie County, Killeen, J.…
People v. Wilson Page 54644
Judgment unanimously reversed, on the law, and indictment dismissed.…
People v. MacLean Page 54645
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People ex rel. Mason v. Kelly Page 54646
Judgment unanimously affirmed (see, People ex rel.…
In re Victoria T. Page 54647
Appeal unanimously dismissed as moot, without costs.…
Appeal unanimously dismissed as moot, without costs.…
—Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
People v. Fuentes Page 54650
—Judgment unanimously reversed, on the law, motion granted and indictment dismissed.…
Rhodes v. Mosher Page 54651
—Motion for stay denied. Memorandum: Plaintiff moves "for an order pursuant to CPLR 5519 (c) and 2201 staying further proceedings in the Supreme Court * * * pending resolution of this appeal.” The motion is not properly brought under CPLR 5519 since that section concerns stays of "proceedings to enforce the judgment…
People v. Williams Page 54652
—Motion to change venue of trial of indictment from Onondaga County denied.…
People v. Farmer Page 54753
Judgment of the Supreme Court, *355Bronx County (Daniel J.…
Order of the Supreme Court, New York County (George Bundy Smith, J.), entered April 15, 1985, which granted plaintiff-respondent’s motion for summary judgment in lieu of complaint pursuant to CPLR 3213 is unanimously reversed, on the law, and plaintiff-respondent’s motion is denied, without costs.…
Order, Supreme Court, New York County (Arthur Blyn, J.), entered January 2, 1985, which, inter alia, (1) granted the application of petitioner the General Accident Fire and Life Assurance Corporation (General Accident) to stay arbitration, pending a preliminary trial on the issue of insurance coverage, (2) ordered…
People v. Lluveras Page 54756
Judgment, Supreme Court, New York County (Stanley Sklar, J.), rendered on January 23, 1984, unanimously affirmed.…
In re Bernstein Page 54757
Order, Supreme Court, New York County (Harold Rothwax, J.), entered on June 7, 1984, unanimously affirmed, without costs and without disbursements; appeal from oral order of said court entered on or about January 31, 1984, dismissed as nonappealable, without costs and without disbursements.…
People ex rel. Wilkins v. Warden Page 54758
Judgment, Supreme Court, New York County (Burton Roberts, J.), entered on November 3, 1983, unanimously affirmed, without costs and without disbursements.…
In re the Guardianship & Custody of St. Christopher's—Jennie Clarkson Child Care Services, Inc. Page 54759
*360Order, Family Court of the State of New York, New York County (Leah Marks, J.), entered on August 23, 1984, unanimously affirmed, without costs and without disbursements.…
People v. Ayala Page 54760
Judgment, Supreme Court, Bronx County (Maurice Grey, J.), rendered on November 7, 1984, unanimously affirmed.…
Savage v. D'Orleans Page 54761
Order, Supreme Court, New York County (Martin B.…
People v. Arana Page 54762
lant. Judgment, Supreme Court, Bronx County (Joan C.…
Newman & Leventhal, Inc. v. Sanders Page 54763
Order of the Supreme Court, New York County (Richard W.…
Lipsky v. Lipsky Page 54764
Order of the Supreme Court, New York County (Hortense W.…
Motion granted insofar as to withdraw the last sentence of this court’s order entered on May 30, 1985 [109 AD2d 8] and to substitute in its stead the following: "The Clerk is directed to enter judgment in favor of plaintiff in the amount of $282,639.12, with interest from January 1, 1983, and costs.” Concur—Sandler, J.…
Motion for leave to appeal to the Court of Appeals granted, and this court, pursuant to CPLR 5713, states that questions of law have arisen which ought to be reviewed by said court.…
Determination of the Commissioner of the State Division of Human Rights, dated February 12, 1985, which, after a hearing, found that petitioner had discriminated against complainant Sokol by refusing to rehire him as an NBA referee on the basis of a disability in violation of Executive Law § 296 (1) (a) (Human Rights…
*369Judgment (denominated an order herein), Supreme Court, New York County (Orest V.…
People v. Felder Page 54770
Judgment, Supreme Court, New York County (Martin Klein, J.), rendered on November 15, 1982, unanimously affirmed.…
People v. Cuartes Page 54771
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered on January 30, 1984, unanimously affirmed.…
People v. Meachem Page 54772
Judgment, Supreme Court, New York County, (Jeffrey M.…
Geiser v. Geiser Page 54773
Order of the Supreme Court, New York County (Hortense W.…
Foster v. Morgenthau Page 54774
Appeal from order of the Supreme Court, New York County (Carol Berkman, J.), entered on or about June 10, 1985, which modified a subpoena duces tecum and denied the motion to quash the subpoena, is dismissed as moot, without costs or disbursements.…
Perry v. City of New York Page 54775
Judgment, Supreme Court, New York County (Francis N.…
Goldstein v. Mokry Page 54776
Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 29, 1984, denying plaintiff-appellant’s motion to punish defendant-respondent for contempt, without prejudice to plaintiff’s right to enforce a judgment in his favor signed by Justice Charles Swartwood on June 2, 1983, unanimously reversed, on the…
Blessinger v. Ortiz Page 54777
Judgment, Supreme Court, New York County (Arnold Fraiman, J.), entered on October 11, 1984, unanimously affirmed for the reasons stated *378by Fraiman, J., at Trial Term, without costs and without disbursements.…
Bank Leumi Trust Co. v. Liggett Page 54778
Order, Supreme Court, New York County (Taylor, J.), entered May 8, 1985, which denied and dismissed that part of the petition seeking a determination of adverse claims to proceeds of the sheriffs sale of 6 Riverview Terrace in Manhattan, reversed, insofar as appealed from, on the law, and the petition is granted to…
Order of Order Supreme Court, New York County (Irving Kirschenbaum, J.), entered May 28, 1985 denying a motion for preliminary injunction and vacating a temporary restraining order, unanimously reversed, on the law and the facts and in the exercise of discretion, and the motion for a "Yellowstone” injunction is…
Order, Supreme Court, New York County (Grossman, J.), entered November 23, 1984, which inter alia, denied the motion of third-party defendant Maurizio Gucci to dismiss the third-party complaints of the Trust for Cultural Resources of the City of New York, Museum of Modern Art, and Arlen Realty, and the Museum Tower…
Fraydun Enterprises v. Deutsch Page 54781
Judgment (denominated an order), Supreme Court, New York County (Price, J.), entered July 17, 1984, vacating the determination of the New York City Board of Standards and Appeals dated August 16, 1983, and remanding the matter for further consideration of the modified plans for a building to be erected at 145 E.…
Judgment, Supreme Court, New York County (Wallach, J.), entered October 22, 1984, which, in an action for a declaratory judgment, denied plaintiff’s motion for summary judgment; granted defendants’ cross motion for summary judgment; and, declared that defendants had no duty to defend, indemnify, or reimburse plaintiff…
Order, Supreme Court, New York County (Kenneth L.…
In re the Custody & Guardianship of Netfa P. Page 54784
Two orders of disposition of the Family Court, New York County (Bruce M.…
Seplow v. De Camillis Page 54785
nt. Order of the Supreme Court, New York County (Andrew R.…
Melillo v. Graham Page 54787
Order, Supreme Court, New York County (Leonard Cohen, J.), entered on September 26, 1984, unanimously affirmed for the reasons stated by Cohen, J., at Special Term.…
Parks v. Steinbrenner Page 54788
dents. Order, Supreme Court, Bronx County (Silbowitz, J.), entered September 18, 1984, which denied defendants’ motion for an order granting summary judgment on the ground that the court lacked in personam jurisdiction, unanimously modified, on the law, to hold that service of process pursuant to CPLR 308 (2) was…
James Talcott Factors, Inc. v. Larfred, Inc. Page 54789
Order of the Supreme Court, New York County (Andrew R.…
Tanjong Shipping, Inc. v. Berke Page 54790
Order, Supreme Court, New York County (Andrew R.…
Judgment, Supreme Court, New York County (Alvin F.…
Seidman v. Seidman Page 54792
Order, Supreme Court, New York County (Stanley S.…
People v. Walters Page 54793
Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered March 8, 1983, convicting defendant after a jury trial of criminal sale of a controlled substance in the second degree and sentencing him to an indeterminate term of from eight years to life imprisonment to run consecutively to a previously imposed…
In re Hanlon Page 54794
Application for reinstatement referred to the Departmental Disciplinary Committee for a hearing and, pending receipt of report, petition held in abeyance.…
Manufacturers Hanover Trust Co. v. Margolis Page 54795
Order of the Supreme Court, New York County (Irving Kirschenbaum, J.), entered on June 26, 1984, which denied plaintiffs motion for summary judgment in lieu of complaint, is unanimously reversed, on the law, and the motion granted, with costs and disbursements.…
Tetra Finance (HK) Ltd. v. Patry Page 54796
Order of the Supreme Court, New York County (Richard W.…
People v. Casey Page 54797
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on June 4, 1984, unanimously affirmed.…
People v. Lawlor Page 54801
Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered on February 10, 1984, unanimously affirmed.…
People v. Robinson Page 54802
Order of the Supreme Court, New York County (Robert M.…
Creel v. Crown Publishers, Inc. Page 54803
Order of the Supreme Court, New York County (Edward J.…
Melnick v. Melnick Page 54804
—Order of the Supreme Court, New York County (Hortense W.…
Aetna Casualty & Surety Co. v. Rodriguez Page 54805
Order, Supreme Court, New York County (Alfred Ascione, J.), entered on April 8, 1985, unanimously affirmed.…
Alford v. City of New York Page 54806
Order entered October 3, 1984 in Supreme Court, New York County (Martin B.…
People v. James Page 54807
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on September 21, 1983, unanimously affirmed.…
Order and judgment (one paper), Supreme Court, New York County (Martin Evans, J.), entered on December 11, 1984, unanimously affirmed, without costs and without disbursements on constraint of Matter of Lichtenstein v Board of Trustees (57 NY2d 1010).…
People v. Montgomery Page 54811
Judgment, Supreme Court, Bronx County (Barry Salman, J.), rendered on September 23, 1983, unanimously affirmed.…
People v. Moreno Page 54812
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on March 9, 1983, unanimously affirmed.…
People v. Pettinato Page 54813
Judgment, Supreme Court, New York County (Eugene Nardelli, J.), rendered on January 25, 1985, unanimously affirmed.…
People v. Ortiz Page 54814
Judgment, Supreme Court, Bronx County (George Covington, J., at plea and sentence; John Collins, J., at Huntley hearing), rendered on February 21, 1984, unanimously affirmed.…
People v. Perry Page 54815
Judgment, Supreme Court, New York County (Joan Carey, J.), rendered on December 21, 1983, and judgment of Supreme Court, Bronx County (Burton Hecht, J.), rendered on December 22, 1983, unanimously affirmed.…
City of New York v. Goldman Page 54816
Two orders, Supreme Court, New York County (Francis Pécora, J.), entered on May 13, 1985, and an order of said court entered on July 8, 1985, unanimously affirmed, without costs and without disbursements.…
Alexander's, Inc. v. White Page 54817
Petition seeking review of a determination of respondent Commissioner of the State Division of Human Rights, dated December 18, 1984, which found that Alexander’s had discriminated against complainant Macieo A.…
Plato's Cave Corp. v. State Liquor Authority Page 54818
Judgment of the Supreme Court, Bronx County (Irma V.…
Order of the Supreme Court, New York County (Leonard Cohen, J.), entered on December 19, 1984, which denied defendants’ motion for summary judgment dismissing the complaint, is modified, on the law, to the extent of granting defendants’ motion to dismiss the second and third causes of action, and otherwise affirmed…
Laub v. Montefiore Hospital & Medical Center Page 54820
Judgment of the Supreme Court, Bronx County (Di Fede, J.), entered July 31, 1984, unanimously reversed, on the law and the facts, to the extent of ordering a new trial on the issue of apportionment only, without costs or disbursements, unless the defendant hospital and its codefen*431dant employees, 20 days after…
Rivera v. State Page 54821
Order, Court of Claims (Edward J. Amann, Jr., J.), entered September 13, 1984 which, on claimant’s motion vacated a stipulation of settlement reached in open court, is unanimously reversed, on the law and the facts, the motion *432denied, and the stipulation of settlement is reinstated,, with costs.…
In re Javitz Page 54822
His report concerning respondent’s files having been received by this court, Hyman W.…
People v. Castro Page 54823
Judgment, Supreme Court, New York County (Harold Baer, Jr., J., at suppression hearing; Robert M.…
Morales v. City of New York Page 54824
Judgment, Supreme Court, Bronx County (Aldo Nastasi, J.), entered August 15, 1984, in this action for wrongful death and conscious pain and suffering which, upon a jury verdict, awarded the total sum of $424,818.98 to plaintiff Morales (the total sum includes $50,000 for conscious pain and suffering and also takes…
People v. Rosado Page 54825
Judgment, Supreme Court, New York County (Eve Preminger, J.), rendered on January 18, 1983, unanimously affirmed.…
People v. Jones Page 54826
Appeal from the judgment of Supreme Court, New York County (Brenda Soloff, J.), rendered on April 29, 1983, withdrawn.…
People v. Richardson Page 54827
Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on August 21, 1984, unanimously affirmed.…
People v. Rodriguez Page 54828
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered on June 1, 1982, unanimously affirmed.…
Alvarez v. Prospect Hospital Page 54829
Order, Supreme Court, Bronx County (Anthony Mercorella, J.), entered on or about November 4, 1983, affirmed, without costs and without disbursements.…
People v. Jenkins Page 54830
Judgment, Supreme Court, New York County (Martin H.…
People v. Lacay Page 54831
Order, Supreme *451Court, New York County (Carol Berkman, J.), entered January 28, 1985, which granted the People’s motion for reargument of the court’s prior order dismissing the indictments of the defendants, and upon reargument, adhered to its prior determination, unanimously modified, on the law, to reinstate the…
Active Operations Corp. v. Lampert Page 54832
In a negligence action to recover damages for legal malpractice, plaintiff appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County (Balletta, J.), dated October 12, 1983, as dismissed the action as against respondents.…
Cantor v. Levine Page 54833
In an action for an injunction and to recover damages based, inter alia, on defendant’s misappropriation of plaintiff’s patient lists and solicitation therefrom for his own use and benefit, plaintiff appeals, as limited by his brief, from (1) so much of an order of the Supreme Court, Nassau County (Morrison, J.)…
Cipriano v. City of Mount Vernon Page 54834
Order of the Supreme Court, Westchester County, dated September 21, 1984, affirmed, with costs, for reasons stated by Justice Beisner at Special Term.…
Downes v. Peluso Page 54835
In an action, inter alia, to determine title to certain property, plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated October 19, 1984, which, inter alia, granted defendant’s motion to dismiss the complaint.…
Fagelbaum v. Fagelbaum Page 54836
In an action for divorce and related relief, defendant husband appeals, (1) as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Geiler, J.), dated May 14, 1985, as directed him (a) to pay plaintiff wife $300 weekly maintenance pendente lite, (b) to provide her exclusive use of a…
Gausney v. General Motors Corp. Page 54837
In an action to recover damages for personal injuries, defendant General Motors Corporation (hereinafter G.…
Mayrhauser v. Reda Page 54839
In a declaratory judgment action, inter alia, seeking resolution of a boundary dispute between adjoining landowners, plaintiffs appeal from an order of the Supreme Court, Orange County (Ferraro, J.), dated September 21, 1984, which granted Antonio and Vera Reda’s motion to vacate a default judgment which had been…
McNeill v. Lasala Page 54840
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County (Gagliardi, J.),.…
Mitcham v. Mitcham Page 54841
In consolidated actions for divorce commenced in the Supreme Court, Westchester County, and a support proceeding commenced in the Family Court, Westchester County, Edgar Mitcham appeals from so much of an order of the Supreme Court, Westchester County (Beisheim, J.), entered October 30, 1984, as denied removal to the…
M.T.F. Industries, Inc. v. State Page 54842
Appeal by claimants from an order of the Court of Claims (Murray, J.), entered August 9, 1984, which denied their application for permission to file a late claim pursuant to Court of Claims Act § 10 (6).…
In an action for injunctive and declaratory relief, defendant appeals from a judgment of the Supreme Court, Westchester County (Palella, J.), dated September 11, 1984, which, after a nonjury trial, inter alia, (1) declared the lease between plaintiff and defendant to be in full force and effect, (2) declared that…
Oginski v. Rosenberg Page 54845
In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered February 23, 1984, which, after a jury trial, was in favor of defendants and against plaintiff.…
Peters v. Peters Page 54846
Order of the Supreme Court, Dutchess County, dated November 18, 1984, affirmed, with costs, for reasons stated by Justice Beisner at Special Term.…
In a breach of contract action, defendant Matthews Industrial Piping Co., Inc. appeals from so much of an order of the Supreme Court, Richmond County (Rubin, J.), dated December 8, 1983, as denied that branch of its motion which was to strike plaintiff’s demand for a verified statement of entries in books and records…
Pugliese v. City of New York Page 54848
In an action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Kings County (Shaw, J.), entered April 9, 1984, as granted defendants’ motion to dismiss the complaint, and (2) a judgment of the same court, dated April 18, 1984…
Radicello v. Village of Spring Valley Page 54849
In a negligence action to recover for damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), entered June 19, 1984, which denied their motion to set aside a verdict in favor of defendant and for a new trial.…
Radigan v. Radigan Page 54850
In a matrimonial action, the defendant husband appeals from an order of the Supreme Court, Richmond County (McBrien, J.), dated September 17, 1984, which denied his motion for a psychiatric examination of the plaintiff wife and their infant son.…
Rebore v. Pace Page 54851
In an action to recover damages based upon abuse of process, plaintiffs appeal from an order of the Supreme Court, Suffolk County (Lockman, J.), dated September 26, 1984, which granted the defendants’ motion to dismiss the complaint for failure to state a cause of action.…
Roeder v. Allstate Insurance Page 54852
In an action to recover on a fire insurance policy, defendant appeals from an order of the Supreme Court, Orange County (Dickinson, J.), entered December 14, 1984, which granted plaintiffs’ motion to restore this matter to the Trial Calendar.…
Schildhaus v. Schildhaus Page 54853
In an action for a divorce, the defendant husband appeals from so much of a judgment of the Supreme Court, Nassau County (Berman, J.), entered July 1, 1983, as directed him to pay to the plaintiff wife the sum of $13,794.84 as and for her counsel fees.…
Schor v. Montaco Realty Co. Page 54854
In an action to recover a real estate *471brokerage commission, defendants appeal from an order of the Supreme Court, Kings County (Monteleone, J.), entered May 24, 1984, which denied their motion for summary judgment.…
Tierney v. Stewart Page 54855
In a proceeding for modification of child-support payments, defendant husband appeals from a judgment of the Supreme Court, Orange County (Burke, R.), dated July 25, 1984, which, after a reference to hear and determine, awarded plaintiff wife an increase in child support, arrears, and counsel fees.…
Turner v. Chiaramonte Page 54856
In a medical malpractice action to recover damages for personal injuries, etc., defendants Chiaramonte and Hudson Valley Radiologists appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Rosenblatt, J.), entered December 12, 1984, as, upon reargument, adhered to its…
Walters v. Charfil Holding, Inc. Page 54857
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated June 8, 1982, which, upon a jury verdict finding that plaintiff’s damages amounted to the principal sum of $4,500, and, upon apportioning liability at 70% against the…
Weilert v. Weilert Page 54858
In a matrimonial action, the defendant husband appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Nassau County (Wager, J.), dated October 7, 1983, which, after a nonjury trial, inter alia, (1) *474granted plaintiff a divorce on the ground of cruel and inhuman treatment, (2)…
Weiss v. Aetna Life & Casualty Co. Page 54859
In a proceeding to stay a no-fault master arbitration and to confirm the no-fault arbitrator’s award dated March 8, 1985, petitioner appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated June 7, 1985, which dismissed the proceeding.…
Zayre Corp. v. Nanuet National Bank Page 54861
Order of the Supreme Court, Rockland County, dated February 20, 1985, affirmed, with costs, for reasons stated by Justice Marbach at Special Term.…
Zimmerman v. New York City Transit Authority Page 54862
In a negligence action to recover damages for conscious pain and suffering and wrongful death, defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated November 30, 1984, which denied its motion for summary judgment.…
Dawson v. New York City Transit Authority Page 54863
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent dismissing the petitioner from his employment, petitioner appeals from a judgment of the Supreme Court, Queens County (Lerner, J.), dated December 8, 1983, which dismissed the proceeding.…
Eisenhandler v. D'Elia Page 54864
Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of the Department of Social Services, dated July 19, 1984, which, after a fair hearing, affirmed a determination of the local agency denying petitioners’ application for medical assistance.…
F. W. Woolworth Co. v. Leskow Page 54865
In consolidated proceedings to review assessments on petitioner’s property for the tax years 1979/1980, 1981/1982 and 1982/1983, the parties cross-appeal from a judgment of the Supreme Court, Dutchess County (Marbach, J.), dated April 9, 1984, which reduced the total assessments for the years in question.…
Montero v. Lum Page 54866
In a proceeding pursuant to CPLR article 78 to review a determination of the acting facility director for the Harlem Valley Center Division for Youth terminating petitioner’s employment as a probationary youth division aide IV, the appeal is from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.)…
Valcarcel v. Edelstein Page 54867
Proceeding pursuant to CPLR article 78 to review a determination of respondent dated January 18, 1985, which denied petitioner’s application for a pistol permit and a dealer’s permit.…
Wolf v. Wolf Page 54868
In two support proceedings, petitioner mother appeals (1) from an order of the Family Court, Orange County (Mishkin, J.), entered September 7, 1984, which denied her petition for upward modification of child support; and (2) as limited by her brief, from so much of an order of the same court, entered May 3, 1985, as…
People v. Aikens Page 54869
Appeal by defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered July 8, 1982, convicting him of murder in the second degree (two counts), and attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Alonso Page 54870
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered March 22, 1984, convicting him of attempted criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Astin Page 54871
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered July 5, 1983, convicting him of two counts of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Bell Page 54872
Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered August 31, 1983, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Bolling Page 54873
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered June 18, 1980, convicting him of conspiracy in the fifth degree, forgery in the second degree (seven counts), and criminal possession of a forged instrument in the second *484degree (five counts), upon a jury verdict, and…
People v. Breeden Page 54874
Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered May 1, 1981, convicting him of sodomy in the first degree, sodomy in the second degree and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.…
People v. Bronson Page 54875
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered November 2, 1981, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Brown Page 54876
Appeal by defendant from a judgment of the Supreme Court, Queens County (Di Tucci, J.), rendered December 29, 1983, convicting him of robbery in the first degree, robbery in the second degree, and resisting arrest, upon a jury verdict, and imposing concurrent terms of imprisonment of 4 to 12 years, and 3 to 9 years…
People v. Burke Page 54877
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered October 14, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
People v. Buttiglione Page 54878
Appeal by defendant from a judgment of the County Court, Putnam County (Hickman, J.), rendered December 10, 1984, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.…
People v. Call Page 54879
Appeal by defendant from a judg*487ment of the County Court, Rockland County (Edelstein, J.), rendered June 27, 1983, convicting her of burglary in the second degree and petit larceny, upon her plea of guilty, and imposing sentence.…
People v. Cassidy Page 54880
Appeal by defendant from a judgment of the County Court, Westchester County (Leggett, J.), rendered November 12, 1981, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, unlawful imprisonment in the second degree, and criminal possession of a weapon in the fourth…
People v. Chiarello Page 54881
Purported appeal by defendant from an order of the Supreme Court, Kings County (Golden, J.), dated April 18, 1984, which denied his motion pursuant to CPL 440.20 to set aside a sentence.…
People v. Coleman Page 54882
Appeal by defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered November 17, 1983, convicting him of attempted murder in the second degree, robbery in the first degree (two counts), robbery in the second degree, criminal use of a firearm in the first degree (two counts), criminal use…
People v. Dimos Page 54883
Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered May 21, 1982, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Grant Page 54884
Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered April 19, 1982, convicting him of burglary in the second degree, criminal mischief in the third degree, criminal possession of stolen property in the second degree and possession of burglar’s tools, upon his plea of guilty…
People v. Hopkins Page 54885
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered December 9, 1983, convicting him of assault in the *490first degree, upon his plea of guilty, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of 4 to 8 years.…
People v. Jones Page 54886
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered May 17, 1983, convicting him of attempted burglary in the second degree, criminal mischief in the fourth degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Kimbro Page 54887
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered August 19, 1983, convicting him of grand larceny in the third degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.…
People v. Lewis Page 54888
Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered June 14, 1984, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Lignon Page 54889
Appeal by defendant from two judgments of the County Court, Suffolk County (Tanenbaum, J.), both rendered August 26, 1977, convicting him of violation of probation and operating a motor *493vehicle while under the influence of alcohol, upon his pleas of guilty, and imposing sentences.…
People v. Lindo Page 54890
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered November 20, 1979, convicting him of criminal possession of a weapon in the second degree and menacing, after a nonjury trial, and imposing sentence.…
People v. Llorente Page 54891
Appeal by defendant from a judgment of the Supreme Court, Queens County (Lawrence, J.), rendered January 6, 1984, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Luna Page 54892
Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered November 9, 1981, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Mann Page 54893
Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered November 2, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Michael Page 54894
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered May 27, 1983, convicting him of robbery in the first degree, burglary in the first degree, robbery in the second *495degree, burglary in the second degree, criminal possession of stolen property in the first degree and…
People v. Montalvo Page 54895
Judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered December 22, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Moore Page 54896
Appeal by defendant from a judgment of the Supreme Court, Kings' County (Tomei, J.), rendered February 8, 1982, convicting him of robbery in the first degree (two counts), assault in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence.…
People v. Morales Page 54897
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered June 8, 1982, convicting him of assault in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.…
People v. Pendergrass Page 54898
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 30, 1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Peterson Page 54899
Appeal by the People from an order of the County Court, Dutchess County (Traficanti, J.), dated January 4, 1985, which granted defendant’s motion to dismiss the indictment for failure to accord him a speedy trial.…
People v. Puryear Page 54900
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered December 10, 1979, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Ray Page 54901
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered April 9, 1984, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Robinson Page 54903
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered June 24, 1982, convicting him of murder in the second degree (felony murder), attempted murdér in the second degree, attempted robbery in the first degree (two counts), and criminal possession of a weapon in the second…
People v. Roman Page 54904
Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered May 22, 1984, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Schaeffer Page 54905
Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered June 12, 1984, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.…
People v. Singleton Page 54906
Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered December 3, 1981, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Smith Page 54908
Appeal by defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered March 7, 1984, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Spencer Page 54909
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered December 21, 1983, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.…
People v. Sweeney Page 54910
Appeal by defendant from (1) a judgment of the County Court, Nassau County (Samenga, J.), rendered November 12, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence; and (2) an amended judgment of the same court (Santagata, J.), rendered December 10, 1984…
People v. Thomas Page 54911
Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered March 29, 1984, convicting him of attempted robbery in the second degree (two counts), upon his plea of guilty, and imposing sentence.…
People v. Tucker Page 54912
Appeal by defendant from two Appellant. judgments of the County Court, Nassau County (Ain, J.), both rendered November 16, 1983, convicting him of attempted burglary in the third degree (two counts), upon his pleas of guilty, and imposing sentences.…
People v. Vasquez Page 54913
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered May 27, 1981, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Vernon Page 54914
Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered June 23, 1983, convicting him of robbery in the first degree (three counts), robbery in the second degree (three counts), and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Walker Page 54915
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered May 12, 1983, convicting him of two counts of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Wintje Page 54916
Appeal by defendant from a judgment of the County Court, Putnam County (Hickman, J.), rendered May 11, 1983, convicting him of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.…
In re DeVine Page 54917
Upon the report of the psychiatrist Frederick L.…
In re Duffy Page 54918
In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or answer the petition herein containing the charges, although the time to do so has expired.…
In re Lichtman Page 54919
In this proceeding to discipline an attorney upon charges of professional misconduct, respondent has failed to appear or answer the petition herein containing the charges, although the time to do so has expired.…
Anonymous v. Kings County Hospital Center Page 54920
Appeal by Kings County Hospital Center from an order of the Supreme Court, Kings County (Miller, J.), dated November 14, 1985, which, after a hearing pursuant to Mental Hygiene Law § 9.31, directed that petitioner be released from appellant’s care.…
People v. Panton Page 54921
On the court’s own motion, the decision of this court in the above-entitled action dated November 25, 1985 is recalled and vacated and the following decision is substituted therefor: Appeal by defendant from a judgment of the Supreme Court, Kings County (Booth, J.), rendered January 5, 1982, convicting him of…
Anilyan v. Board of Education Page 54922
In an action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Held, J.), dated October 9, 1984, as granted defendants’ motion to dismiss the complaint and for summary judgment.…
Armour v. Great Gildersleeves North, Inc. Page 54923
In an action to recover damages for personal injuries, defendant Great Gilder-sleeves North, Inc., appeals from an order of the Supreme Court, Orange County (Green, J.), dated April 24, 1984, which granted what was, in effect, plaintiff’s second renewal motion to vacate his default in serving a reply to defendant…
Ashkenazi v. Seguran Realty Corp. Page 54924
In actions, inter alia, to recover damages for breach of contract, plaintiff in action No. 1 appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated January 17, 1985, which denied his motion for consolidation.…
Bautz v. Bautz Page 54925
In an action, inter alia, to compel the defendant to account for all income received from the rental of the former marital residence of the parties, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Murphy, J.), dated January 16, 1985, as directed an…
Braver v. Widman Page 54926
In an action, inter alia, to recover damages for breach of contract, plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Robbins, J.), dated April 11, 1985, as amended by an order of the same court, dated April 16, 1985, as granted those…
D'Ambrosio v. Methodist Hospital Page 54927
Appeal by defendant Felger from an order of the Supreme Court, Kings County (Scholnick, J.), dated June 11, 1984, which denied his motion for summary judgment dismissing the complaint as to him.…
De Angelas v. P.A. Tropical Products, Inc. Page 54928
Order of the Supreme Court, Kings County, dated September 26, 1983, affirmed, with costs, for reasons stated by Justice Bellard at Special Term.…
Dinerstein & Lesser v. Berger Page 54929
In an action to recover a share of legal fees from the defendant Berger and the defendant law firm, defendants appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated August 8, 1984, which, upon reargument, denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground…
Iazzetta v. State Page 54930
In a claim to recover damages, inter alia, for assault and false arrest, claimant appeals from a judgment of the Court of Claims (Blinder, J.), dated April 9, 1984, which, after trial, dismissed the claim.…
Johnston v. Johnston Page 54931
In a matrimonial action, defendant husband appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Ruskin, J.), dated July 30, 1984, which, (1) granted plaintiff wife’s application to enter a money judgment against defendant for child support arrears totaling $2,530, (2) granted her…
Lev v. Lader Page 54932
In a proceeding pursuant to CPLR 5225 and 5227, the appeals are (1) from an order of the Supreme Court, Nassau County (Brucia, J.), dated March 20, 1984, which directed that this matter be set down for trial upon the filing of a note of issue by petitioner, and (2) as limited by appellant’s brief, from stated portions…
Marine Midland Bank v. Brown Page 54933
In an action to foreclose a mortgage, the defendant Brown appeals from (1) an order of the Supreme Court, Suffolk County (Baisley, J.), dated August 23, 1983, which, inter alia, granted plaintiff’s motion for summary judgment and (2) a judgment of the same court, entered March 6, 1984, which upon confirming a report…
Mayoff v. Robin Page 54934
In a proceeding pursuant to Domestic Relations Law § 240, the petitioner husband appeals from a judgment of the Supreme Court, Queens County (Berkowitz, J.), dated May 16, 1985, which, after a hearing, inter alia, denied his motion for an injunction prohibiting the respondent mother and the parties’ son from leaving…
Modular Homes Corp. v. Combs Page 54935
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals, dated April 19, 1984, which, after a hearing, denied petitioner’s application for special permission to build a one-family residence, requiring certain variances, petitioner appeals from a judgment of the…
In an action to recover damages for breach of certain contracts, the defendant appeals from a judgment of the Supreme Court, Westchester County (Marbach, J.), dated July 15, 1983, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $22,470.…
Negri v. Stop & Shop Inc. Page 54937
In a negligence action to recover damages for personal injuries, etc., defendant appeals from an amended judgment of the Supreme Court, Rockland County (Meehan, J., at trial on liability; Ruskin, J., at trial on damages), dated January 16, 1984, which, after a bifurcated jury trial, is in favor of plaintiff Paquita…
Ocasio v. City of New York Page 54938
In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County (Leviss, J.), entered April 19, 1984, which dismissed plaintiffs’ complaint for failure to make out a prima facie case at trial.…
Price v. Price Page 54939
Appeal by the defendant husband, as limited by his notice of appeal and brief, from so much of an order and judgment (one paper) of the Supreme Court, Rockland County (Walsh, J.), dated September 15, 1983, as awarded counsel fees of $10,000 to the plaintiff wife on her motion to hold defendant in contempt for failure…
Price v. Price Page 54940
Appeal by the defendant husband from (1) an order of the Supreme Court, Rockland County (Stolarik, J.), dated January 16, 1984, which, inter alia, awarded the plaintiff wife counsel fees in the sum of $1,000, and (2) an order of the same court entered January 26, 1984 which, inter alia, adjudged him to be in contempt…
Scattoreggio v. Scattoreggio Page 54941
In an action to recover damages for the conversion of personal property, plaintiff appeals from an order of the Supreme Court, Queens County (Graci, J.), dated July 16, 1984, which granted defendant’s motion for summary judgment dismissing the complaint.…
Scheff v. St. John's Episcopal Hospital Page 54942
In an action, inter alia, to recover damages for wrongful death, plaintiff appeals from an order of the Supreme Court, Suffolk County (Robbins, J.), dated July 18, 1984, which granted the motion of defendant Anala for leave to amend his answer to interpose *533the affirmative defense of the Statute of Limitations as…
Sileo v. Sileo Page 54943
In a proceeding pursuant to Domestic Relations Law § 244 to obtain a money judgment in the amount of $75,000, plaintiff wife appeals, as limited by her brief, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Queens County (Miller, J.), entered June 12, 1984, as awarded her $59,000.…
Town of Oyster Bay v. State Page 54944
In an action for declaratory and injunctive relief, plaintiff appeals from an order of the Supreme Court, Nassau County (Balletta, J.), dated December 18, 1984, which granted the motions of defendants State of New York Office of Mental Retardation and Developmental Disabilities (OMRDD), Nassau Center for the…
Tropical Ornamentals, Inc. v. Visconti Page 54945
In an action to recover on two negotiable instruments, plaintiff appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated July 31, 1984, which denied its motion for summary judgment in lieu of complaint.…
In a proceeding pursuant to CPLR article 78 to compel appellant to grant petitioner’s application for final subdivision approval, the appeal is from an order of the Supreme Court, Westchester County (Ingrassia, J.), dated October 5, 1984, which granted the petition.…
West v. West Page 54947
In a consolidated action for divorce, (1) the parties cross-appeal, as limited by their briefs, from so much of an order of the Supreme Court, New York County (Shorter, J.), dated October 23, 1984, as (a) awarded the plaintiff wife $500 per week as pendente lite maintenance and $500 per week as pendente lite child…
Allstate Insurance v. Donofrio Page 54948
In a proceeding pursuant to CPLR article 75 to stay arbitration, petitioner *541Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated January 25, 1985, which denied its application and awarded costs of $1,000, $500 to be paid personally to respondents and $500 to be…
Mitchell v. Coughlin Page 54949
Judgment of the Supreme Court, Suffolk County (Vitale, J.), dated January 11, 1984, affirmed, without costs or disbursements (see, Matter of Hoffman v Wilson, 86 AD2d 735).…
Romanello v. Marasco Page 54950
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Marasco, dated August 6, 1984, denying petitioner’s application for a pistol license.…
Tracy v. State Liquor Authority Page 54951
In a proceeding pursuant to CPLR article 78 to review a determination of the State Liquor Authority (Authority) dated March 7, 1984 and its order dated March 19, 1984 entered thereon, adopting a hearing officer’s findings sustaining the charge against petitioner and imposing a penalty of 30 days’ suspension, 15 days…
People v. Adams Page 54952
Appeals by defendant from (1) a judgment of the County Court, Nassau County (Baker, J.), rendered February 15, 1983, convicting him of robbery in the first degree under indictment No. 54908, after a jury trial, and (2) two judgments of the same court (Delin, J.), both also rendered February 15, 1983, convicting him of…
People v. Ames Page 54953
Appeal by defendant from a judgment of the County Court, Suffolk County (Scheinman, J.), rendered May 29, 1981, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Ames Page 54954
Appeal by defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered April 9, 1981, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Barreras Page 54955
Appeal by defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered April 24, 1984, convicting him of burglary in the second degree, and petit larceny, after a nonjury trial, and imposing sentence.…
People v. Bonacorsa Page 54956
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered October 22, 1981, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Brigante Page 54957
Appeal by defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered July 12, 1984, convicting him of unlawfully offering for sale motor vehicle parts with altered vehicle identification numbers, criminal possession of stolen property in the third degree, and criminal possession of a weapon in…
People v. Brown Page 54958
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), *551rendered February 21, 1984, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree (two counts), unlawful imprisonment in the first degree and robbery in the second degree, upon…
People v. Carter Page 54959
Appeal by defendant from a judgment of the County Court, Suffolk County (Ingraham, J.), rendered November 12, 1982, convicting him of burglary in the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Conwell Page 54960
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered October 15, 1981, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to concurrent terms of imprisonment of 25 years to life and 5…
People v. Currey Page 54961
Appeal by defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered July 11, 1984, convicting him of robbery in the first degree, unlawful imprisonment in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. D'Agostino Page 54962
Judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered September 23, 1983, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Davis Page 54963
Appeal by defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered August 4, 1983, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. De Vorce Page 54964
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Wood, J.), rendered March 23, 1984, convicting him of rape in the first degree, upon his plea of guilty, and sentencing him, as a second felony offender, to an indeterminate term of 5 to 10 years’ imprisonment.…
People v. Di Benedetto Page 54965
Appeal by defendant from two judgments of the Supreme Court, Kings County (Slavin, J.), both rendered January 19, 1983, convicting him of robbery in the first degree under indictment No. 6077/81 arid criminal possession of a weapon in the second degree under indictment No. 3309/82, upon his pleas of guilty, and…
People v. Di Lucchio Page 54966
Appeal by defendant from a judgment of the Supreme Court, Queens County, (Groh, J.), rendered November 2, 1984, convicting him of criminally negligent homicide (two counts), assault in the second degree and leaving the scene of an accident without reporting, as a felony, upon a jury verdict, and imposing sentence.…
People v. Dowd Page 54967
Appeal by defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered November 5, 1981, convicting him of criminal mischief in the third degree, upon a jury verdict, and imposing sentence.…
People v. Flores Page 54968
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), rendered July 21, 1983, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Foskey Page 54969
Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered August 22, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty and sentencing him to an indeterminate term of 5 to 15 years’ imprisonment.…
People v. Joseph G. Page 54970
Two judgments of the Supreme Court, Queens County (Lakritz, J.), both rendered May 10, 1984, affirmed (see, People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Gibson Page 54971
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered June 6, 1983, convicting him of attempted arson in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.…
People v. Green Page 54972
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered October 20, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Gutierrez Page 54973
Appeal by defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered August 25, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Hodgson Page 54974
Appeal by defendant from a judgment of the Supreme Court, Queens County (Glass, J.), rendered October 6, 1983, convicting him of burglary in the first degree, criminal use of a firearm in the first degree, robbery in the second degree, criminal possession of a weapon in the second degree, reckless endangerment in the…
People v. Idlet Page 54975
Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered May 7, 1982, convicting him of four counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Jenkins Page 54976
Appeal by the defendant from a judgment of the County Court, Nassau County (Friedlander, J.), rendered March 20, 1984, convicting him of assault in the second degree and burglary in the second degree, after a nonjury trial, and imposing sentence.…
People v. King Page 54977
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered February 23, 1984, convicting him of rape in the first degree, sodomy in the first degree (three counts), and robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Klutse Page 54978
Appeal by defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered August 30, 1983, convicting her of grand larceny in the second degree, upon her plea of guilty, and imposing sentence.…
People v. Leake Page 54979
Two judgments of the County Court, Westchester County (Nastasi, J.), both rendered September 3, 1981, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9).…
People v. Lediard Page 54980
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered March 3, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict and imposing sentence.…
People v. Lewis Page 54981
Appeal by defendant from a judg*565ment of the Supreme Court, Queens County (Balbach, J.), rendered May 17, 1977, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Maldonado Page 54982
Appeal by defendant from a sentence of the County Court, Suffolk County (Sherman, J.), imposed May 19, 1983, upon his conviction of attempted burglary in the second degree, upon his plea of guilty, the sentence being an indeterminate term of 2 Vi to 5 years’ imprisonment to be served concurrently with two previously…
People v. Martin Page 54983
Appeal by defendant from two judgments of the Supreme Court, Queens County (Leahy, J.), both rendered October 27, 1982, the first convicting him of robbery in the first degree, criminal use of a firearm in the *566first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing…
People v. Montalvo Page 54984
Judgment of the Supreme Court, Kings County (Golden, J.), rendered August 12, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Morcilio Page 54985
Appeal by defendant from a judgment of the Supreme Court, Kings County (Curci, J.), rendered June 28, 1984, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Mulero Page 54986
Appeal by defendant from an amended judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered October 7, 1981, convicting him of criminal sale of a controlled substance in the second degree (two counts), criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the…
People v. Nugent Page 54987
Appeal by defendant from a judgment of the Supreme Court, Orange County (Shea, J.), rendered January 5, 1979, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Perez Page 54988
Three judgments of the Supreme *570Court, Queens County (Sherman, J.), all rendered March 22, 1984, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Persaud Page 54989
Judgment of the County Court, Nassau County (Thorp, J.), rendered October 13, 1981, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Pristello Page 54990
Judgment of the Supreme Court, Queens County (Sherman, J.), rendered September 25, 1984, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Rivers Page 54991
Appeal by defendant from three judgments of the Supreme Court, Kings County (Lombardo, J.), all rendered October 28, 1982, convicting him of robbery in the first degree (two counts) and criminal possession of a weapon in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. White Page 54993
Appeal by defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered May 16, 1984, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Witherspoon Page 54994
Appeal by the People from an order of the Supreme Court, Queens County (Lakritz, J.), dated November 10, 1983, which, after a hearing, granted that branch of defendant’s omnibus motion which was to suppress physical evidence.…
People v. Young Page 54995
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Martin, J.), rendered October 12, 1983, convicting him of burglary in the third degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
In re Schultz Page 54996
Application by the Grievance Committee for the Second and Eleventh Judicial Districts, pursuant to statute (Judiciary Law, § 90 [4]), (1) to strike the name of Marc Gil Schultz, an attorney admitted to practice in this court on January 31, 1973 from the roll of attorneys on the grounds that he has been convicted after…
In an action to recover on a promissory note, defendants appeal from (1) an order of the Supreme Court, Nassau County (Meade, J.), dated September 18, 1984, which granted a motion by plaintiff for summary judgment in lieu of a complaint pursuant to CPLR 3213, and (2) an order of the same court, entered March 29, 1985…
In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Queens County (Kunzeman, J.), dated October 11, 1984, which denied his motion to strike defendant A.…
Agway Petroleum Corp. v. Peck Page 54999
In an action to recover on a personal guarantee, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Benson, J.), dated June 4, 1985, as, upon defendants’ motion, vacated defendants’ default in pleading and directed plaintiffs attorney to accept service of an amended verified answer.…
Andrews v. Coughlin Page 55000
In a proceeding pursuant to CPLR 7503 (b) to stay arbitration and disciplinary action against petitioner and to obtain an order that he be reinstated with back pay as a New York State correction officer, the appeal is from a judgment of the Supreme Court, Dutchess County (Benson, J.), entered October 25, 1984, which…
In an action, inter alia, for specific performance of a contract to convey title to real property, defendants appeal from so much of an order of the Supreme Court, Nassau County (Robbins, J.), entered July 30, 1985 as denied their motion to vacate a default judgment.…
Baliotti v. Walkes Page 55002
In an action, inter alia, to recover moneys allegedly due pursuant to a certain management agreement and under a lease, plaintiffs appeal (1) from so much of an order of the Supreme Court, Kings County (Pino, J.), dated April 17, 1984, as (a) granted defendants’ motion for leave to amend their answer and (b) granted…
Barrette v. Good Samaritan Hospital Page 55003
In an action to recover damages for medical malpractice, plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 15, 1984, as granted that branch of defendants’ omnibus motion as sought to strike that portion of item No. 4 of plaintiffs’ amended bill of particulars which…
Carlisle v. County of Nassau Page 55004
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated September 11, 1984, which granted plaintiff’s motion to amend the complaint to add a cause of action for wrongful death.…
Cartier v. Lear Siegler, Inc. Page 55005
In an action, inter alia, to recover damages for breach of an oral contract, defendant appeals from an order of the Supreme Court, Westchester County (Wood, J.), entered February 20, 1985, which denied its motion to dismiss the complaint pursuant to the Statute of Frauds.…
Chochla v. Oak Beach Inn Corp. Page 55006
In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Suffolk County (Molloy, J.), dated July 18, 1984, which denied their motion to vacate a default judgment granted plaintiff by order dated June 6, 1984.…
De Curzio v. T.S.S. Seedman's, Inc. Page 55007
In an action to recover damages for false arrest and imprisonment and malicious prosecution, defendants appeal from an order of the Supreme Court, Suffolk County (Orgera, J.), dated May 8, 1984, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (8) for violation of the applicable…
Di Notte v. County of Westchester Page 55008
In a medical malpractice action, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered September 19, 1984, as denied her application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) with respect to her first and second causes of…
Empress Manor Apartments v. Levenson Page 55009
In a proceeding to recover possession of an apartment occupied by respondent Sonde Levenson, the petitioner landlord appeals (by permission), as limited by its brief, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 11, 1984, as modified an…
Greenberg v. Nusbaum Page 55010
In an action to recover on promissory notes, defendant appeals from a judgment of the Supreme Court, Kings County (Ramirez, J.), dated September 24, 1984, which was in plaintiffs’ favor in the principal sum of $25,000 plus interest at the statutory rate from November 1, 1976.…
Griffin v. Griffin Page 55011
In an action for divorce, equitable distribution, and other ancillary relief, the defendant husband appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Westchester County (Walsh, J.), dated November 7, 1984, which, after a nonjury trial, inter alia, (1) awarded sole title, use…
Herte v. Breen Page 55012
In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated February 1, 1985, which granted plaintiffs’ motion for summary judgment on the issue of liability and for amendment of the complaint so as to increase the ad damnum clause.…
Home Indemnity Co. v. Wachter Page 55013
In an action by a surety to recover from its indemnitors, the indemnitors appeal from an *591order of the Supreme Court, Suffolk County (Campbell, J.), dated August 28, 1984, which granted the surety’s motion for partial summary judgment.…
Kanarek v. Gadlex Associates Page 55014
In an action, inter alia, for a declaratory judgment, dissolution of a limited partnership, and an accounting, plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Dachenhausen, J.), entered September 28, 1984 which, after a nonjury trial, among other things, dismissed their complaint, granted…
Kurrus v. CNA Insurance Page 55015
In an action to recover compensatory and punitive damages based upon an alleged breach of a policy of fire insurance, plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Burchell, J.), dated February 24, 1984, as denied their cross motion for summary judgment, and defendants appeal (1)…
Macchia v. Russo Page 55016
In an action to recover damages for personal injuries, defendant Salvatore Russo appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated April 27, 1984, as denied that branch of a motion which sought dismissal of the complaint as against him based on lack…
McLaughlin v. D'Elia Page 55017
In an action for a declaratory judgment, plaintiffs appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), dated January 10, 1985, which dismissed their complaint without prejudice to plaintiffs pursuing their administrative remedies.…
Megyesi v. Automotive Rentals, Inc. Page 55018
Appeal by plaintiff from an order of the Supreme Court, Orange County (Walsh, J.), entered June 20, 1984, which denied her motion pursuant to CPLR 602 (a) for a joint trial of two separate actions brought by her to recover damages for personal injuries.…
People v. Lewis Page 55019
In an action, inter alia, for a judgment declaring that directive No. 4914 of New York State Department of Correctional Services (DOCS) violates respondent’s First Amendment rights, defendant DOCS appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Dunkin, J.), dated…
Raies v. Apple Annie's Restaurant Page 55020
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated November 26, 1984, which, inter alia, granted plaintiffs motion for leave to serve an amended bill of particulars.…
Titkin v. Caserta Page 55021
Order of the Supreme Court, Rockland County, dated July 23, 1984, affirmed, with one bill of costs, for the reasons stated by Justice Isseks at Special Term.…
Verga v. Town of Clarkstown Page 55022
In a declaratory judgment action, defendant Town of Clarkstown appeals from an order of the Supreme Court, Rockland County (Stolarik, J.), entered August 19, 1985, which, inter alia, granted plaintiffs’ motion for a preliminary injunction and directed the Town of Clarkstown to assess all property within said town at…
West v. West Page 55023
In a matrimonial action, defendant wife appeals, as limited by her brief, from stated portions of a judgment of divorce of the Supreme Court, Queens County (Buschmann, J.), dated February 17, 1983, which, inter alia, granted plaintiff husband a divorce on the ground of constructive abandonment, and distributed marital…
Department of Social Services v. Antonio J. Page 55024
In a filiation proceeding, Antonio J. appeals from an order of the Family Court, Suffolk County (Snellenburg, J.), entered January 9, 1985, which directed that he pay support of $27.50 per week.…
Donno Co. v. Board of Trustees Page 55025
In an proceeding pursuant to CPLR article 78 to review a determination of the Village of Kings Point denying a bid award to the petitioner, the appeals are from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered September 13, 1984, which set aside a contract for garbage removal and disposal entered…
Mazzilli v. City of New York Page 55026
In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, the City of New York appeals (1) as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jones, J.), dated May 27, 1983, as, in denying petitioner’s application for leave to serve a late…
Pellati v. Scheyer Page 55027
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Islip denying petitioner’s application for certain variances, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered January 16, 1985, which dismissed the proceeding.…
Judgment of the Supreme Court, Suffolk County, dated April 11, 1984.…
People v. Banks Page 55029
Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered October 2, 1981, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Bartlett Page 55030
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered August 5, 1982, convicting him of robbery in the first degree, after a nonjury trial, and sentencing him to an indeterminate term of imprisonment of 8 Ms to 25 years.…
People v. Benoit Page 55031
Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered December 22, 1983, convicting him of burglary in the second degree, grand larceny in the third degree, criminal possession of stolen property in the second degree and criminal mischief in the fourth degree, upon a jury…
People v. Blair Page 55032
Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered July 5, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Bowen Page 55033
Appeal by defendant from two judgments of the Supreme Court, Queens County (Calabretta, J.), both rendered February 1, 1984, convicting him of robbery in the first degree and bail jumping in the first degree, upon his pleas of guilty, and imposing sentences.…
People v. Brown Page 55034
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered February 22, 1983, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.…
People v. Burnett Page 55035
Appeals by defendant from two judgments of the Supreme Court, Queens County (Sherman, J.), each rendered August 22, 1984, convicting her of grand larceny in the second degree (two counts), upon her pleas of guilty, and imposing sentences.…
People v. Cosme Page 55036
Judgment of the Supreme Court, Kings County (McShane, J.), rendered September 10, 1980, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Dawson Page 55037
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered May 27, 1982, convicting him of burglary in the third degree and grand larceny in the third degree, upon a guilty plea, and imposing sentence.…
People v. Dawson Page 55038
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered May 27, 1982, convicting him of burglary in the third degree, grand larceny in the third degree, criminal possession of stolen property in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing…
People v. Depeyster Page 55039
Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (Rotker, J.), imposed January 10, 1984, upon his conviction of assault in the first degree, upon his plea of guilty, the sentence being a term of imprisonment of 3 to 6 years, as a second felony offender.…
People v. Diaz Page 55040
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered January 15, 1981, convicting him of grand larceny in the second degree, criminal possession of stolen property in the first degree, criminal mischief in the third degree, unauthorized use of a vehicle, possession of…
People v. Ellerbe Page 55041
Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered October 17, 1983, convicting him of robbery in the second degree (two counts) and grand larceny in the second degree, upon a jury verdict, and imposing sentence.…
People v. Lisamarie F. Page 55042
Appeal by defendant from an amended judgment of the County Court, Suffolk County (Rohl, J.), rendered September 20, 1984, which, after a hear*615ing, revoked her sentence of probation and sentenced her, as a youthful offender, to six months’ imprisonment.…
People v. Ferguson Page 55043
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered October 11, 1984, convicting him of criminal possession of a controlled substance in the sixth degree, upon his plea of guilty, and imposing sentence.…
People v. France Page 55044
Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered February 3, 1984, convicting him of criminal possession of a weapon in the third degree and criminal possession of stolen property in the second degree, after a nonjury trial, and imposing sentence, as a predicate felon.…
People v. Garcia Page 55045
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), *618rendered March 30, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Garvey Page 55046
Appeal by defendant from a judgment of the Supreme Court, Queens County (Fiber, J.), rendered February 25, 1983, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Gavin Page 55047
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 15, 1984, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Harris Page 55048
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Stark, J.), rendered January 23, 1979, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.…
People v. Hill Page 55049
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered September 17, 1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Howard Page 55050
Appeal by defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered January 24, 1985, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Johnson Page 55051
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Donoghue, J.), rendered October 28, 1983, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Jordan Page 55052
Appeal by defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered October 18, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. King Page 55053
Appeal by defendant from two judgments of the Supreme Court, Queens County (Sherman, J.), both rendered December 5, 1983, convicting him of attempted burglary in the second degree and escape in the second degree, upon his pleas of guilty, and imposing sentences.…
People v. Maiorino Page 55054
Appeal by defendant, as limited by his brief, from two sentences of the Supreme Court, Kings County (Lagaña, J.), both imposed April 13, 1985.…
People v. Manigiaruga Page 55055
Appeal by defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered December 22, 1981, convicting him of criminal trespass in the third degree, grand larceny in the second degree, burglary in the third degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.…
People v. Maryland Page 55056
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Wood, J.), rendered December 1, 1983, convicting him of bribery in the second degree, promoting prison contraband in the second degree and unlawful possession of marihuana, after a nonjury trial, and imposing sentence.…
People v. Praetz Page 55057
Appeal by defendant from a judgment of the County Court, Dutchess County (Aid-rich, J.), rendered December 8, 1981, convicting him of assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.…
People v. Shaird Page 55058
Judgment of the Supreme Court, Queens County (Dubin, J.), rendered June 13, 1977, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9).…
People v. Smith Page 55059
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered November 18, 1983, convicting him of attempted grand larceny in the second degree, criminal mischief in the fourth degree and possession of burglar’s tools, after a nonjury trial, and imposing sentence.…
People v. Sneed Page 55060
Two judgments of the Supreme Court, Queens County (Glass, J.), both rendered September 20, 1984, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Tourangeau Page 55061
Appeals by defendant from two judgments of the County Court, Nassau County (Thorp, J.), both rendered April 24, 1981, convicting him of (1) criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in…
People v. Vazquez Page 55062
Appeal by defendant (1) from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered May 4, 1978, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated June 30, 1980, which…
People v. Velez Page 55063
Judgment of the Supreme Court, Kings County (Egitto, J.), rendered May 6, 1982, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Williams Page 55064
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered April 4, 1980, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Wohnsigl Page 55065
Appeal by defendant, as limited by his brief, from a sentence of the County Court, Nassau County (Delin, J.), imposed October 19, 1983.…
People v. Zapata Page 55066
Judgment of the Supreme Court, Queens County (Sherman, J.), rendered September 15, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; Penal Law § 70.02 [1] [b]; [2] [a]; [3] [b]; [4]).…
Bara v. Bara Page 55067
In a matrimonial action, the parties cross-appeal (1) from an order of the Supreme Court, Rockland County (Weiner, J.), dated June 4, 1984, which directed defendant husband to pay plaintiff wife’s counsel fees in the sum of $7,037, and (2) as limited by their briefs, from stated portions of a resettled judgment of…
Barbarita v. Shilling Page 55068
In an action for specific performance of a contract to sell real property and a summary proceeding to recover possession of that property, plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Ritter, J.), entered June 17, 1985, as directed a hearing on plaintiffs’ motion for vacatur of…
In an action to foreclose a mechanic’s lien, defendant Excel Associates appeals from a resettled judgment of the Supreme Court, Nassau County (Roncallo, J.), entered May 31, 1984, which, after a nonjury trial and a ruling from the Bench dismissing appellant’s counterclaim to recover damages for breach of contract…
In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, plaintiff City of Long Beach appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated September 12, 1984, which denied its motion for summary judgment.…
In a negligence and medical malpractice action to recover damages for personal injuries, defendants Metropolitan Surgical Group, P.…
In an action, inter alia, to recover damages for negligence and fraud, plaintiff appeals (1) from an order of the Supreme Court, Nassau County (Roberto, J.), dated August 21, 1984, which granted defendant’s motion to dismiss each of plaintiffs causes of action as barred by the doctrine of res judicata, and (2) from a…
De Boer v. Lloyd's Shopping Center, Inc. Page 55073
In an action to recover damages for wrongful death, etc., defendant appeals from an order of the Supreme Court, Orange County (Palella, J.), dated June 5, 1984, which denied its motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.…
Order of the Supreme Court, Nassau County, dated September 13, 1983, affirmed, without costs or disbursements, for reasons stated by Justice Vitale at Special Term.…
D'Iorio v. Brancoccio Page 55075
In an action to recover damages for personal injuries and property damage, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated August 1, 1984, which denied his motion for summary judgment on the ground that plaintiff had failed to meet the threshold requirements for serious…
Eale Realty Corp. v. State Page 55076
In a claim, inter alia, to recover damages for breach of a lease, claimants appeal from a judgment of the Court of Claims (Rossetti, J.), dated June 22, 1984, which dismissed the claim after trial for lack of jurisdiction.…
E.C.T. Leasing, Inc. v. Gen Trans Corp. Page 55077
In an action to recover for damages to property, the appeal is from a judgment of the Supreme Court, Nassau County (Wager, J.), dated July 27, 1984, in favor of plaintiff and against appellant in the principal sum of $9,900.…
Garcon v. Girard Page 55078
In an automobile negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated November 5, 1984, which denied his motion for partial summary judgment dismissing plaintiffs personal injury cause of action.…
Gold v. East Ramapo Central School District Page 55079
In an action, inter alia, to recover damages for prima facie tort, breach of contract, *637fraud and defamation, plaintiff appeals from a judgment of the Supreme Court, Rockland County (Coppola, J.), entered March 27, 1984, which, upon granting a motion by defendants for summary judgment, dismissed plaintiff’s…
Hall v. Yonkers Professional Hospital Page 55080
In a medical malpractice action, defendant Paul Striker appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Benson, J.), dated September 26, 1984, as denied his motion for summary judgment dismissing the complaint as against him.…
Hoffman v. Dickman Page 55081
In a medical malpractice action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Nassau County (Meade, J.), dated May 22, 1984, which granted a conditional order of preclusion and failed to grant appellants’ motion for summary judgment.…
In a proceeding pursuant to CPLR article 78 to review a determination terminating the petitioner’s employment as a recreation worker at the Central Islip Psychiatric Center, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Pan*639taño, J.), dated August 21, 1984, which granted the…
Appeals from (1) an order of the Supreme Court, Westchester County (Palella, J.), dated September 11, 1984, which denied the motion of the American Mutual Insurance Companies to vacate an arbitrator’s award, and (2) an order of the same court, dated November 23, 1984, which denied its motion for leave to renew the…
Kasmarski v. Terranova Page 55084
In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered January 31, 1985, which denied her motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).…
Kolovinas v. Sarantopoulos Page 55085
In an action, inter alia, to recover certain shares of stock from the respondents, plaintiff appeals from so much of an order of the Supreme Court, Richmond County (Sullivan, J.), dated March 30, 1984, as, upon granting his motion to vacate his default in serving a reply to respondents’ counterclaim, conditioned the…
La Cava v. Brooke Page 55086
In an action to recover damages for legal malpractice, defendant appeals from an order of the Supreme Court, Dutchess County (Green, J.), dated November 7, 1984, which denied his motion for an order of preclusion based upon plaintiffs failure to respond to his demand for a bill of particulars, on condition that…
Lehmann v. Lehmann Page 55087
In an action in which the parties had previously been granted a divorce, the defendant husband appeals, as limited by his brief, from so much of an order of *644the Supreme Court, Nassau County (Kelly, J.), dated June 22, 1984, as, upon permitting him to serve an affidavit in opposition to the plaintiff wife’s earlier…
McFadden v. Long Island Railroad Page 55089
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Corso, J.), dated July 2, 1984, which denied their motion to reargue a previous motion by defendant the Town of Islip.…
McMillian v. Atlantic Oldsmobile, Ltd. Page 55090
In an action to recover damages for defamation and breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County (Velsor, J.), entered April 17, 1984, which denied their motion to serve an amended complaint.…
Sanchez v. Kato, Inc. Page 55091
In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County (Held, J.), entered June 12, 1984, which, upon a jury verdict finding damages in the sum of $187,675, which was reduced by 57.5%, the percentage attributable to plaintiff’s negligence…
Tallarico v. Nassau Hospital Page 55092
In a wrongful death action based upon medical malpractice, defendants Sutaria and Hines appeal, as limited by their brief, *647from so much of an order of the Supreme Court, Nassau County (Morrison, J.), entered October 23, 1984, as granted plaintiff summary judgment against them to the limited extent of holding that…
Ball v. Kirby Page 55093
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Kirby appointing the respondent Gennaro A.…
Judgment of the Supreme Court, Dutchess County (Hillery, J.), dated July 26, 1984, affirmed, without costs or disbursements (see, Matter of Soto v New York State Bd.…
De Vonish v. Scully Page 55095
In a proceeding pursuant to CPLR article 78 to review a determination made after a superintendent’s proceeding which imposed disciplinary sanctions against the petitioner, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated August 8, 1983, which dismissed the petition.…
Kaess v. Board of Education Page 55096
Proceeding pursuant to Executive Law § 298 to review an order of *650the State Division of Human Rights, dated August 29, 1984, which dismissed the complaint on the basis of no probable cause.…
Porianda v. Amelkin Page 55097
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated October 25, 1984, which granted the petition.…
Scopelliti v. Board of Zoning Appeals Page 55098
In a proceeding pursuant to CPBR article 78 to review a determination of the respondent Board of Zoning Appeals, made June 16, 1983, after a hearing, that the "[djismantling of motor vehicles, storage and sale of used parts” is a permitted use in an industrial district under the Building Zone Ordinance of the Town of…
People v. Boudreau Page 55099
Appeal by the People from an order of the Supreme Court, Richmond County (Felig, J.), dated November 7, 1984, which granted those branches of defendant’s omnibus motion which sought suppression of (1) defendant’s statement of refusal to submit to a breathalyzer test and (2) evidence of defendant’s physical…
People v. Bratescu Page 55100
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered January 6, 1984, convicting him of attempted murder in the second degree, criminal use of a firearm in the first degree, assault in the first degree and reckless endangerment in the first degree, upon his plea of guilty, and…
People v. Busuttil Page 55101
Appeal by defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered July 12, 1984, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Castillo Page 55102
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 3, 1985, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Franks Page 55104
Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered March 10, 1983, convicting him of robbery in the first degree (two counts), after a nonjury trial, and imposing sentence.…
People v. Gaddy Page 55105
Appeals by defendants from two judgments (one as to each of them) of the Supreme Court, Kings County (DeLury, J.), both rendered March 16, 1981, convicting each of them of robbery in the first degree (two counts), upon jury verdicts, and imposing sentences.…
People v. Gaines Page 55106
Appeal by defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered January 20, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Garcia Page 55107
Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered August 6, 1981, convicting her of criminal sale of marihuana in the third degree and criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
People v. Gutierrez Page 55108
Appeal by defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered April 13, 1981, convicting him of attempted rape in the first degree, upon a jury verdict, and imposing sentence.…
People v. Haughton Page 55109
Judgment of the County Court, *661Nassau County (Cornelius, J.), rendered January 27, 1984, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Irby Page 55110
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered December 15, 1982, convicting him of attempted robbery in the second degree (two counts), and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Jackson Page 55111
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered April 28, 1983, convicting him of burglary in the first degree and robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Keating Page 55112
Judgment of the County Court, Orange County (Isseks, J.), rendered February 7, 1977, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Koch Page 55113
Two judgments of the County Court, Nassau County (Samenga, J.), both rendered February 14, 1984, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Laino Page 55114
Appeal by defendant from a judgment of the Supreme Court, Westchester County (Colabella, J.), rendered January 10, 1985, convicting him of attempted criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Landry Page 55115
Judgment of the County Court, Dutchess County (Hillery, J.), rendered May 9, 1983, affirmed (see, People v Nixon, 21 NY2d 338, cert denied sub nom.…
People v. Martinez Page 55116
Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered September 5, 1980, convicting him of robbery in the second degree, criminal possession of stolen property in the third degree, unauthorized use of a motor vehicle and reckless endangerment in the second degree, upon a jury…
People v. Martinez Page 55117
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 16, 1983, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Massa Page 55118
Appeal by defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered October 2, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. McGee Page 55119
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered March 31, 1983, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Milton Page 55120
Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered March 8, 1984, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Nieves Page 55121
Appeal by defendant from a judgment of the Supreme Court, Kings County (Finnegan, J.), rendered May 29, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Pilchuk Page 55122
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Santagata, J.), imposed February 8, 1985, upon his conviction of criminal possession of a weapon in the fourth degree, upon his plea of guilty, the sentence being a definite term of six months in the county jail and a…
People v. Pittman Page 55123
Appeal by defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered September 8, 1982, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Polcastro Page 55124
Appeal by defendant from four judgments of the Supreme Court, Queens County (Rotker, J.), all rendered October 31, 1983, convicting him of manslaughter in the first degree, robbery in the second degree, arson in the third degree, and burglary in the third degree, upon his pleas of guilty, and imposing sentences.…
People v. Rhone Page 55125
Appeal by defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered December 1, 1982, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Riley Page 55126
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J), rendered June 3, 1982, convicting him of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Santos Page 55127
Appeal by defendant from a judgment of the Supreme Court, Kings County (Clemente, J.), rendered June 30, 1982, convicting him of attempted robbery in the second degree, after a nonjury trial, and imposing sentence.…
People v. Savona Page 55128
Appeal by defendant from three judgments of the Supreme Court, Kings County (Lombardo, J.), all rendered November 9, 1979, convicting him of robbery in the first degree (11 counts), attempted robbery in the first degree (two counts), robbery in the second degree (four counts), attempted robbery in the second degree…
People v. Saylor Page 55129
Appeal by defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered April 12, 1984, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.…
People v. Sciascia Page 55130
Judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered December 15, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Slater Page 55131
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered March 23, 1984, convicting him of burglary in the second degree, grand larceny in the third degree, criminal mischief in the fourth degree and criminal possession of stolen property in the third degree, upon a jury…
People v. Sutton Page 55132
Appeal by defendant from a judgment of the County Court, Westchester County (Lomanto, J.), rendered March 28, 1984, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Switzer Page 55133
Appeal by defendant from a judgment of the County Court, Nassau County (Santagata, J.), rendered July 20, 1984, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.…
People v. Torres Page 55134
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered May 16, 1983, as amended May 20, 1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and sentencing him to concurrent indeterminate terms of imprisonment of 7 to 21…
People v. Vasquez Page 55135
Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered February 2, 1983, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Webb Page 55136
Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (Sharpe, J.), imposed November 30, 1982, upon his own conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty, the sentence being a term of imprisonment of 4 to 12 years.…
People v. West Page 55137
Appeal by defendant, as limited by his brief, from a sentence of the County Court, Rockland County (Meehan, J.), imposed September 24, 1984, upon his conviction of rape in the third degree, after a plea of guilty, the sentence being an indeterminate term of imprisonment of 1 Vi to 4 years.…
People v. White Page 55138
Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (Rotker, J.), imposed September 10, 1984.…
People v. White Page 55139
Judgment of the Supreme Court, Kings County (Demakos, J.), rendered January 26, 1983, affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816).…
People v. Williams Page 55140
Appeal by defendant from a judgment of the County Court, Westchester County (Facelle, J.), rendered August 23, 1984, convicting him of burglary in the third degree, criminal possession of stolen property in the third degree, criminal mischief in the fourth degree and petit larceny, upon a jury verdict, and imposing…
People v. Wright Page 55141
Appeal by defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered June 15, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People ex rel. Karim v. Jackson Page 55142
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Benson, J.), dated October 4, 1984, which dismissed the writ with leave to present the claims raised therein to the Board of Parole for administrative determination.…
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Colabella, J.), entered July 9, 1984, which dismissed the proceeding.…
Barzaghi v. Maislin Transport Page 55145
In an action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County *680(Mirabile, J.), dated July 11, 1983, as dismissed his seventh and eighth causes of action at the close of the entire case and dismissed his first and…
Braverman v. City of White Plains Page 55146
In a negligence action to recover damages for personal injuries, etc., defendant County of Westchester appeals from an order of the Supreme Court, Westchester County (Beisheim, J.), entered April 13, 1984, which, inter alia, denied its motion to dismiss the complaint against it and granted plaintiffs’ cross motion for…
Camacho v. New York City Transit Authority Page 55147
In an action to recover damages for personal injuries, Detecto Scales, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Held, J.), entered December 28, 1984, as denied its motion to dismiss plaintiff’s amended complaint insofar as it is asserted against it.…
Cover v. Cohen Page 55148
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated June 19, 1984, as denied that branch of their motion which was to compel the New York State Motor Vehicle Liability Security Fund (now the Public Motor…
Frenke v. Frenke Page 55149
In a proceeding pursuant to Family Court Act § 651 to determine custody of the parties’ infant son, the mother appeals from an order of the Family Court, Queens County (Fogarty, J.), dated August 3, 1984, which, after a hearing, continued and made final an earlier order of visitation dated July 25, 1984, which had…
Golser v. Golser Page 55150
In an action for a divorce and ancillary relief, the plaintiff wife appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Queens County (Calabretta, J.), dated May 30, 1984, as directed her and her infant child to submit to a human leucocyte antigen blood-grouping test, and (2) as…
Ira K. v. Frances K. Page 55151
In a habeas corpus proceeding, the wife appeals from a judgment of the Supreme Court, Suffolk County (Campbell, J.), dated October 5, 1984, which granted petitioner husband permanent custody of the parties’ two infant children, Tamara and Jeremy, who, at the time of the hearing, were aged seven and four years…
In an action to recover the proceeds of a check, defendant Manufacturers Hanover Trust Company appeals from so much of an order of the Supreme Court, Nassau County (Young, J.), dated December 5, 1983, as denied its cross motion for summary judgment dismissing the complaint as against it.…
Long Island Liquid Waste Ass'n v. Cass Page 55153
Motion by respondents for reargument of the appeal from an order of the Supreme Court, Suffolk County (DeLuca, J.), dated June 30, 1983, which was decided by an order of this court dated January 14, 1985 (Long Is.…
Lynch v. Fleming Page 55154
In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Morton, J.), entered January 30, 1985, dismissing plaintiffs’ complaint upon defendants’ motion at the close of plaintiffs’ case.…
Manning v. Turtel Page 55155
In an action to recover damages for medical malpractice, conspiracy and fraud, defendant physicians appeal from an order of the Supreme Court, Nassau County (Christ, J.), dated January 29, 1985, which denied their motion pursuant to CPLR 3212 to dismiss the complaint on various grounds.…
McGlory v. Cassone Leasing, Inc. Page 55156
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mc-Ginity, J.), entered July 31, 1984, which, after a nonjury trial, was in favor of defendants.…
Monzon v. Sony Motor, Inc. Page 55157
In a negligence action to recover damages for personal injuries, plaintiff appeals (1) from an order of the Supreme Court, Richmond County (Rubin, J.), dated May 11, 1983, which denied her motion for entry of a default judgment and granted defendant Sony Motor Inc.’s (Sony) cross motion to dismiss the action against…
In a mortgage foreclosure action, in which the receiver moved, inter alia, to compel certain tenants to attorn to the receiver for rents due, tenant Gregg Walker appeals from an order and judgment (one paper) of the Supreme Court, Kings County (De Matteo, R.), dated August 19, 1983, which, inter alia, declared the…
Otero v. Corio Page 55159
Order of the Supreme Court, Richmond County, dated June 19, 1984, affirmed, with costs, for reasons stated by Justice Sangiorgio at Special Term.…
(1) In a proceeding for an attachment, defendants appeal, (a) as limited by their brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated August 16, 1982, as denied that branch of their motion which was to vacate an ex parte order of attachment of the same court and granted a cross…
Sack v. North American Systems, Inc. Page 55161
In a consolidated action to recover damages for injury to property, North American Systems, Inc., appeals from so much of an order of the Supreme Court, Queens County (Levine, J.), dated October 1, 1984, as denied certain branches of its motion to compel compliance with notices for discovery and inspection.…
Save Way Oil Co. v. Mehlman Page 55162
In an action to recover damages for goods had and received, defendant Jamaica Savings Bank appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated May 3, 1984, which denied its motion for summary judgment dismissing plaintiffs third through eighth causes of action and, upon searching the record…
Smith v. Sapienza Page 55163
In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Marasco, J.), dated March 29, 1983, which was in favor of defendants, dismissing the complaint, upon a jury verdict.…
Turcotte v. Fell Page 55164
In an action to recover damages for personal injuries, etc., the defendant New York Racing Association, Inc., appeals from so much of an order of the Supreme Court, Nassau County (Levitt, J.), dated December 10, 1984, as denied its motion for summary judgment.…
Turcotte v. Fell Page 55165
In an action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Lockman, J.), entered February 23, 1984, as granted the motions of defendants Fell and Reynolds for summary judgment dismissing their complaint as…
In an action to declare a local traffic ordinance unconstitutional, plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Marbach, J.), dated December 20, 1984, which, inter alia, upheld the ordinance after a nonjury trial.…
Wishod v. Kibel Page 55167
In an action to recover damages for an alleged forcible and unlawful eviction by a landlord from residential premises, the plaintiff, the executor of the estate of Robert Rolnik, appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated *736March 28, 1984, which granted the defendant landlord’s…
Zimmerman v. New York City Transit Authority Page 55168
In an action to recover damages for wrongful death, etc., defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Goldstein, J.), dated October 24, 1983, as denied its motion for a protective order vacating items 9 through 13 of plaintiff’s notice to produce for…
In re County of Nassau Page 55169
Resettled partial final decree of the Supreme Court, Nassau County, entered November 2, 1983, affirmed, insofar as appealed from, without costs or disbursements, for reasons stated in the memorandum decisions of Justice Meade at Special Term, dated March 31, 1982, and June 21, 1983, respectively.…
Schnurr v. Perales Page 55170
In a proceeding pursuant to CPLR article 78 to review the determination of respondent State Commissioner, made after a statutory fair hearing, which affirmed the local agency’s determination to discontinue petitioner’s grant of home relief, petitioner appeals from a judgment of the Supreme Court, Nassau County…
In an action for a permanent injunction, and in a proceeding pursuant to CPLR article 78 to review a determination of the Town of Carmel Zoning Board of Appeals (the zoning board) which, inter alia, found that Willow Wood Rifle & Pistol Club, Inc.’s (Willow Wood) use of the subject property was not a permitted use…
People v. Adams Page 55172
Appeal by defendant from a judgment of the Supreme Court, Kings County (D’Amaro, J.), rendered March 31, 1976, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Beckles Page 55173
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bernstein, J.), rendered May 26, 1982, convicting him of murder in the second degree (two counts), assault in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and…
People v. Bigus Page 55174
Appeal by defendant from a judgment of the County Court, Suffolk County (Snellenburg, J.), rendered November 5, 1982, convicting him of forgery in the second degree, after a nonjury trial, and imposing sentence.…
People v. Castaldo Page 55175
Appeal by defendant, as limited by his brief, from a sentence of the County Court, Westchester County (Cowhey, J.), imposed April 29, 1983.…
People v. Cordova Page 55176
Judgment of the Supreme Court, Queens County (Groh, J.), rendered February 24, 1984, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Curtin Page 55177
Appeal by defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered October 27, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Flores Page 55178
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lane, J.), rendered July 12, 1984, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.…
People v. Goodman Page 55179
Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered April 21, 1983, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence.…
People v. Kirk Page 55180
Appeal by the People from an order of the County Court, Suffolk County (Sherman, J.), dated January 23, 1985, which granted the defendant’s motion to dismiss the indictment against her for forgery in the second degree.…
People v. Lyons Page 55181
Appeal by defendant from a judgment of the County Court, Rockland County (Gallucci, J.), rendered December 29, 1981, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Mangot Page 55182
Appeal by defendant, as limited by his brief, from five sentences of the Supreme Court, Queens County (Rotker, J.), all imposed March 24, 1983.…
People v. Martinez Page 55183
Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), rendered May 25, 1982, convicting him of manslaughter in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Meoni Page 55184
Three judgments of the Supreme Court, Kings County (Lodato, J.), all rendered October 14, 1982, affirmed (see, People v Kazepis, 101 AD2d 816).…
People v. Moya Page 55185
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered June 16, 1981, convicting him of robbery in the first degree, robbery in the second degree, assault in the second degree (two counts), and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Odom Page 55186
Judgment of the Supreme Court, Kings County (Held, J.), rendered July 22, 1982, affirmed (see, People v Pellegrino, 60 NY2d 636).…
People v. Pemberton Page 55187
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Broomer, J.), rendered March 22, 1982, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Pipia Page 55188
Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered March 15, 1984, convicting him of criminal sale of a controlled substance in third degree, following a nonjury trial, and imposing sentence.…
People v. Powell Page 55189
Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered November 10, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Shire Page 55190
Appeal by defendant from an amended judgment of the Supreme Court, Queens County (Rotker, J.), rendered August 29, 1984, adjudicating him to be in violation of probation, upon his plea of guilty, and imposing sentence.…
People v. Smalls Page 55191
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered October 23, 1981, convicting him of rape in the first degree, robbery in the first degree, attempted sodomy in the first degree, sexual abuse in the first degree and criminal possession of a weapon in the fourth degree…
People ex rel. Richardson v. McMickens Page 55192
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Queens County (Groh, J.), dated November 13, 1985, which dismissed the proceeding and directed the rendition of the petitioner Otis Leroy Thompson to the custody of the North Carolina authorities.…
People v. Hacker Page 55193
Main, J. Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered March 3, 1982, upon a verdict convicting defendant of the crimes of rape in the first degree, sodomy in the first degree and robbery in the first degree.…
People v. Weisberg Page 55194
J. Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 17, 1983, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and bail jumping in the first degree.…
People v. Mack Page 55195
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered August 12, 1983, upon a verdict convicting defendant of the crime of robbery in the second degree.…
People v. Brown Page 55196
Appeal from a *792judgment of the County Court of Albany County (Harris, J.), rendered July 2, 1984, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the third degree and criminal possession of stolen property in the first degree.…
People v. Johnson Page 55197
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered June 5, 1984, upon a verdict convicting defendant of the crimes of rape in the first degree, rape in the third degree and unauthorized use of a motor vehicle.…
People v. Benedict Page 55198
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered July 12, 1984, upon a verdict convicting defendant of the crime of burglary in the third degree.…
In re Jerry XX. Page 55199
Appeal from an order of the Family Court of Montgomery County (Catena, J.), entered August 31, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.…
Rubin v. Perales Page 55200
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Sullivan County) to review a determination of respondent State Commissioner of Social Services which denied petitioner’s application for Aid to Dependent Children benefits.…
In re Tantalyn TT. Page 55201
Appeal from an order of the Family Court of Chemung County (Frawley, J.), entered September 7, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate the children to be neglected, and placed them in petitioner’s custody for 18 months.…
People v. Quesnel Page 55202
Appeal from a judgment of the County Court of Essex County (Garvey, J.), rendered September 17, 1984, which revoked defendant’s probation and imposed a sentence of imprisonment.…
In re Daniel VV. Page 55203
Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered December 7, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.…
Barnes v. Binghamton Urban Renewal Agency Page 55204
Appeal from a judgment of the Supreme Court at Special Term (Crew, *804III, J.), entered December 10, 1984 in Broome County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for want of standing and as untimely.…
Dugan v. County of Rensselaer Page 55205
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered September 13, 1984 in Rensselaer County, which granted defendant’s motion for summary judgment dismissing the complaint.…
People v. Andrews Page 55206
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 4, 1985, convicting defendant upon his plea of guilty of the crime of criminally negligent homicide.…
Missick v. Big V Supermarkets, Inc. Page 55207
Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered November 26, 1984 in Saratoga County, which granted motions by various defendants for summary judgment dismissing the complaint.…
Ferri v. Public Employees Federation Page 55208
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered May 23, 1984 in Schenectady County, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint.…
In re the Estate of Liddle Page 55209
Appeal from an order of the Surrogate’s Court of Otsego County (Kepner, Jr., S.), entered October 5, 1984, which dismissed petitioners’ application claiming that certain property held by respondent belonged to decedent’s estate.…
Peters v. Newman Page 55210
Cross appeals from a judgment of the Supreme Court, entered December 12, 1984 in Sullivan County, upon a verdict rendered at Trial Term (Williams, J.), which (1) awarded plaintiff $9,734.50 in damages for breach of contract and $1,708.33 for negligence, and (2) awarded defendant $181.88 for damages to his equipment…
Kern v. Kern Page 55211
Appeal from a judgment of the Supreme Court granting plaintiff a divorce, entered August 15, 1984 in Ulster County, upon a decision of the court at Trial Term (Williams, J.), without a jury.…
Freedus v. Blanchfield & Howard, Inc. Page 55212
Appeals (1) from an order of the Supreme Court at Special Term (Williams, J.), entered January 14, 1985 in Albany County, which resettled a prior order of said court granting plaintiff’s motion for summary judgment, and (2) from the judgment entered thereon.…
Petropol v. Shahid Page 55213
Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered June 27, 1984 in *821Rensselaer County, which granted plaintiff’s motion for leave to serve an amended complaint.…
Nekoosa Papers, Inc. v. Chu Page 55214
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a corporate franchise tax assessment imposed under Tax Law article 9-A.…
Lipscomb v. City of Ithaca Page 55215
Appeal (1) from an order of the Supreme Court at Special Term (Kepner, Jr., J.), entered December 19, 1984 in Tompkins County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.…
Smith v. City of Albany Page 55216
Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered July 26, 1984 in Albany County, which, inter alia, denied defendant City of Albany’s motion to vacate a preliminary injunction issued against it.…
Marcinowski v. Hanover Insurance Page 55217
Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered January 24, 1985 in Schenectady County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Appeals (1) from an order of the Supreme Court at Special Term (Torraca, J.), entered September 20, 1984 in Albany County, which, inter alia, denied defendant’s cross motion to dismiss the complaint for lack of personal jurisdiction, and (2) from an order of said court, entered March 13, 1985 in Albany County, which…
Central National Bank v. Thorington Page 55219
Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered October 23, 1984 in Schoharie County, which denied plaintiff’s motion for a protective order.…
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered March 13, 1985 in Albany County, which, inter alia, granted plaintiffs’ motion for summary judgment.…
Drake v. State Page 55221
dent. Appeal from an order of the Court of Claims (Koreman, P.…
People v. Wood Page 55222
Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered October 29, 1984, upon a verdict convicting defendant of the crime of assault in the third degree.…
Dierks Heating Co. v. Egan Page 55223
Appeal from a judgment of the Supreme Court at Special Term (Pennock, J.), entered April 23, 1985 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Office of General Services to forfeit petitioner’s bid deposit.…
Nulman v. Hall Page 55224
Appeal from an order of the Supreme Court at Special Term (Zeller, J.), entered December 11, 1984 in Madison County, which denied plaintiff’s motion to renew and reargue an order granting defendant’s motion for a change of venue.…
People v. Rollins Page 55225
Appeal from an order of the County Court of Tompkins County (Callanan, Sr., J.), entered October 9, 1984, which granted defendant’s motion to dismiss the indictment.…
Salisbury v. Smith Page 55226
Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered April 3, 1985 in Warren County, which denied plaintiffs’ motion for summary judgment.…
Cortez v. Coughlin Page 55227
Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered May 8, 1985 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain disciplinary rules.…
Kudlack v. Landmark Realty Co. Page 55228
Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered January 11, 1985 in Albany County, which, inter alia, denied defendants’ motions for summary judgment dismissing the complaint and granted partial summary judgment to plaintiffs by declaring paragraph 22 of the lease entered into by the…
Steinhilber v. Alphonse Page 55229
Appeal from that part of an order of the Supreme Court at Special Term (Torraca, J.), entered March 7, 1985 in Ulster County, which partially denied defendants’ motion to dismiss the complaint.…
Pollak v. Mogavero Page 55230
*849Motions to dismiss proceeding commenced in this court pursuant to CPLR article 78 granted, without costs.…
Vineski v. Henderson Page 55231
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered April 27, 1984 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating…
Gonzalez v. Jones Page 55232
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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.…
Giovannetti v. Dormitory Authority of State Page 55233
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered October 16, 1984 in Albany County, which denied defendant’s motion to dismiss the amended complaint.…
Melone v. State Page 55234
Proceeding pursuant to CPLR article 78 *855(initiated in this court pursuant to Education Law § 6510 [5]) to annul a determination of the Commissioner of Education which revoked petitioner’s license to practice dentistry in New York State.…
Cross appeals from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered February 13, 1985 in Fulton County, which, inter alia, granted plaintiffs’ motion for a preliminary injunction and partially denied defendants’ cross motion for summary judgment dismissing the complaint.…
People v. Brinsko Page 55236
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered October 7, 1983, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.…
People v. Clark Page 55237
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered October 7, 1983, upon a verdict convicting defendant of the crimes of arson in the second degree and burglary in the second degree.…
Jasmine v. Rainbow Grill Page 55238
Appeal from a decision of the Workers’ Compensation Board, filed December 9, 1983.…
In re Kip D. Page 55239
Appeal from an order of the Family Court of Chenango County (Thomas, J.), entered August 27, 1985, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Kip D.…
Prouse v. Misarti Page 55240
Appeal from a judgment of the Supreme Court at Special Term (Klein, J.), entered November 5, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent New York State Employees’ Retirement System, and which converted part of this…
Claim of Scaparo v. Kelsey-Hayes Co. Page 55241
Appeal from a decision of the Workers’ Compensation Board, filed June 27, 1984, as amended by decisions filed November 7, 1984 and March 18, 1985.…
Kemp v. Waldron Page 55242
Appeal from that part of an order of the Supreme Court at Special Term (Dier, J.), entered August 23, 1984 in Schenectady County, which partially denied defendant’s motion for summary judgment dismissing the complaint.…
Diaz v. Public Employment Relations Board Page 55243
Appeal from a judgment of the Supreme Court at Special Term (Connor, J.), entered July 25, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Public Employment Relations Board dismissing petitioner’s improper practice…
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 9, 1984 in Greene County, upon a decision of the court at Trial Term (Conway, J.), without a jury.…
Curley v. Giltrop Page 55245
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered January 25, 1985 in Madison County, upon a decision of the court at Trial Term (Tait, Jr., J.), without a jury.…
Dairylea Cooperative, Inc. v. Gerace Page 55246
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which partially denied petitioner’s claims against the milk producers security fund.…
Claim of McIver v. Mobil Oil Corp. Page 55247
Appeal from a decision of the Workers’ Compensation Board, filed May 16, 1984, which ruled that there was a causal connection between claimant’s accident and his disability.…
Biega v. Ellis Hospital Page 55248
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered February 11, 1985 in Schenectady County, which denied plaintiffs motion to vacate a default.…
Schram v. Herkimer Memorial Hospital Page 55249
*883Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered March 7, 1985 in Montgomery County, which granted defendants’ motion for partial summary judgment dismissing the third cause of action alleged in the complaint.…
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered August 7, 1984 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.…
Morgan v. City of Elmira Page 55251
J., dissents and votes to affirm in the following memorandum.…
Bouchard v. Bouchard Page 55252
Appeal from an order of the Family Court of Clinton County (Goldman, J.), entered November 28, 1984, which granted petitioner’s appli*888cation, in a proceeding pursuant to Family Court Act article 4, and, inter alia, directed respondent to pay $70 per week for support of petitioner.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained a sales tax assessment imposed under Tax Law article 28.…
Comley v. American Motorist Insurance Page 55254
Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered January 23, 1985 in Albany County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.…
Schwartzberg v. Axelrod Page 55255
Appeals (1) from an order of the Supreme Court at Special Term (Doran, J.), entered March 27, 1985 in Albany County, which, in a proceeding pursuant to Public Health Law §2810, set a fair monthly rental of $12,401.73 for the use of petitioners’ facilities, and (2) from that part of an order of said court, entered May…
Moore v. Moore Page 55256
Appeal from an order of the Family Court of Tompkins County (Barrett, J.), entered October 15, 1984, which directed respondent to pay $5 per week for the support of his three infant children.…
In re the Claim of Kester Page 55257
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 22, 1985.…
Esmay v. Hexam Gardens Construction Co. Page 55258
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered January 18, 1985 in Schenectady County, which denied defendant Hexam Gardens Construction Company, Inc.’s motion for summary judgment dismissing the complaint and all cross claims asserted against it.…
Claim of Rodriguez v. Bustelo Coffee Co. Page 55259
Appeal from a decision of the Workers’s Compensation Board, filed October 5, 1984, as amended by decision filed February 12, 1985.…
People ex rel. Mokone v. Jones Page 55260
Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied (see, People ex rel.…
Motion denied, without costs. Petitioner is entitled to a stay pending appeal of enforcement of the order of Special Term dated August 4, 1985 pursuant to CPLR 5519 (a) (1).…
In re the State of Farone Page 55262
Motion granted, without costs, and the Otsego County Surrogate’s Court is authorized, pursuant to SCPA 2302 (6), to determine whether and in what amount petitioners should be allowed counsel fees (see, Matter of Hedrick, 52 AD2d 1035).…
Smith v. Rossi Page 55263
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered December 6, 1985 in Schenectady County, which, in two proceedings pursuant to Election Law § 16-106, declared valid certain military and absentee ballots cast for the office of Member of Town Council, Town of Niskayuna, in the…
In re Capoccia Page 55264
orney. Application for reinstatement granted and petitioner, Andrew F.…
People v. Gonzalez Page 55265
Appeal from a judgment of the County Court of Clinton County (Catena, J.), rendered March 25, 1983, upon a verdict convicting defendant of the crime of murder in the second degree.…
People v. Griffin Page 55266
Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered September 28, 1983, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree, and (2) by permission, from an order of said court (Turner, Jr., J.), entered December 20…
People v. Dellarocco Page 55267
Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered January 7, 1983, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the first degree.…
People v. Danaher Page 55268
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered November 4, 1983, upon a verdict convict*906ing defendant of the crime of attempted burglary in the third degree.…
People v. Leon Page 55269
Appeal from a judgment of the County Court of Schoharie County (Lamont, J.), rendered February 15, 1984, upon a verdict convicting defendant of the crime of attempted escape in the first degree.…
People v. Bryant Page 55270
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered March 16, 1984, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.…
People v. Hayes Page 55271
Appeal from a judgment of the County Court of Fulton County (Best, J.), rendered February 7, 1984, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree.…
People v. Chapman Page 55272
Appeal, by permission, from an order of the County Court of Albany County (Turner, Jr., J.), entered July 11, 1984, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of assault in the first degree, without a hearing.…
Matzen Construction, Inc. v. Hale Page 55274
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered June 19, 1984 in Rensselaer County, which denied defendants’ motion to vacate a default judgment of foreclosure and sale under a mechanic’s lien.…
People v. Benton Page 55276
Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), entered September 28, 1984, upon a verdict convicting defendant of the crime of rape in the first degree.…
People v. St. Clair Page 55277
Appeal from a judgment of the County Court of Schoharie County (Lamont, J.), rendered June 6, 1984, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
Dick v. Samaritan Hospital Page 55278
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered July 30, 1984 in Rensselaer County, which denied the motion of certain defendants to dismiss the complaint against them.…
Aiken v. Aiken Page 55279
Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered January 4, 1985, which, inter alia, granted petitioner’s application for custody of Tammi Aiken, and which directed him to pay $40 per week for the support of Kara Aiken.…
Appeals (1) from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered November 30, 1984 in Albany County, which denied defendant’s motion to compel acceptance of its answer and granted plaintiffs cross motion for judgment by default, and (2) from an order of said court, entered April 26, 1985 in…
Shapiro v. Jones Page 55281
Appeal from a judgment of the Supreme Court at Special Term (Brown, J.), entered April 11, 1985 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to (1) vacate warrants on file against him from New Jersey and (2) for an order denying New Jersey’s request for…
Mason v. LeFevre Page 55282
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.…
Maurice v. Stoddard Page 55284
Appeal from that part of an order of the Supreme Court at Special Term (Cholakis, J.), entered March 7, 1985 in Schoharie County, which partially granted the motion of defendants Harvey Stoddard, Jr., Greg Flanigan and Brian Hulbert for summary judgment dismissing the complaint against them.…
Carr v. Indian Lake School District Page 55285
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered March 4, 1985 in Hamilton County, which denied defendant’s motion for summary judgment dismissing the amended complaint.…
People v. Esposito Page 55286
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered November 14, 1984, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.…
Kash v. New York State Executive Department Page 55287
Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of respondent State Division of Human Rights, dated April 29, 1985, which dismissed petitioner’s complaint of an unlawful discriminatory practice based on disability.…
Leung v. Sell Page 55288
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered January 31, 1985 in Schenectady County, which, inter alia, granted the motion of defendants in action No. 4 for a joint trial of all actions to be held in Schenectady County.…
Colby v. St. Paul Fire & Marine Insurance Page 55289
Appeal from an order of the Supreme Court at Special Term (White, J.), entered May 20, 1985 in Essex County, which, inter alia, denied plaintiff’s cross motion for summary judgment and declared that defendant St. Paul Fire and Marine Insurance Company is not liable to plaintiff.…
Britt v. Globerson Page 55290
Appeal from an order of the Family Court of Albany County (Cheeseman, J.), entered October 5, 1984, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, and directed respondent to pay $100 per week for support of his child.…
Putrino v. Zoning Board of Appeals Page 55291
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Broome County) to review a determination of respondent which denied petitioner’s application for area variances.…
Gisbert v. New York State Thruway Authority Page 55292
Appeal from a judgment of the Supreme Court at Special Term (Connor, J.), entered May 15, 1985 in Albany County, which partially dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent suspending petitioner without pay for two weeks, and transferred to…
In re the Estate of Makudera Page 55294
Appeal from an order of the Surrogate’s Court of Chenango County (Ingraham, S.), entered October 17, 1984, which granted petitioners’ motion for summary judgment and dismissed respondent’s counterclaim.…
Reed v. Regan Page 55295
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.…
Przybylowicz v. White Page 55296
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Montgomery County) to review a determination of respondent James N.…
In re the Estate of Corning Page 55297
Motions for permission to appeal to the Court of Appeals granted, without costs.…
Town of Tonawanda v. Ayler Page 55298
Judgment unanimously reversed, on the law, without costs, motion denied and Real Property Tax Law §§ 729-738 declared constitutional.…
Desrosiers v. Sal Masonry Contractors, Inc. Page 55299
Order, insofar as appealed from, unanimously affirmed, with costs, for the reasons stated in memorandum decision at Supreme Court, Onondaga County, Stone, J.…
People v. Bretti Page 55300
Judgment affirmed. Memorandum: The recorded conversation of defendant was sufficient to corroborate the testimony of his accomplice, Mastracco, since it tended to connect defendant with the murder of Dawn Grillo.…
People v. Mascitti Page 55301
Judgment affirmed. Memorandum: Viewing the evidence in a light most favorable to defendant (see, People v Steele, 26 NY2d 526, 529), the failure to grant defendant’s request to charge the jury on innocent possession of a firearm does not constitute reversible error.…
People v. Harrell Page 55302
Judgment unanimously reversed on the law, and new trial granted.…
People v. Peet Page 55303
Judgment unanimously affirmed. Memorandum: Defendant appeals his conviction of criminal possession of a forged instrument in the second degree (Penal Law § 170.25) based on the allegation that he uttered or possessed an altered New York State food stamp authorization which he attempted to exchange for food stamps at a…
Armitage v. Armitage Page 55304
Order unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff husband appeals from so much of an order of Matrimonial Special Term as, inter alia, temporarily directed him to pay defendant wife maintenance of $175 per week, child…
Determination unanimously confirmed and petition dismissed, without costs.…
Hahn v. Taefi Page 55306
Order unanimously affirmed, without costs.…
Rizzo v. Eli Lilly & Co. Page 55307
Order unanimously affirmed, without costs (see, Fleishman v Lilly & Co., 62 NY2d 888, rearg denied 63 NY2d 771, amended 63 NY2d 1017, cert denied — US —, 105 S Ct 967).…
Duke v. Werbalowsky Page 55308
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We modify by deleting so much of the order directing that immediate possession of the subject premises be delivered to plaintiff and that defendant Samuels and any other persons residing…
People v. Zurenda Page 55309
Judgment unanimously affirmed. Memorandum: The defendant appeals from his convictions for second degree murder, first degree kidnapping, second degree conspiracy, various weapons charges and one count of hindering the prosecution in the first degree.…
Carbone v. Visco Page 55310
Order unanimously affirmed, with costs. Memorandum: Special Term properly denied defendants’ motion for summary judgment to dismiss the complaint holding that the Insurance Law does not require that an injured motorcyclist sustain a "serious injury” as a prerequisite for recovery for noneconomic loss resulting from a…
Pendleton v. Perales Page 55311
Judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Supreme Court, Allegany County, Bayger, J.…
Clifton Springs Sanitarium Co. v. Axelrod Page 55312
Determination unanimously annulled, on the law, with costs.…
Cwiklinski v. Cwiklinski Page 55313
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Niagara County, for further proceedings, in accordance with the following memorandum: Our review of the record reveals that the trial court properly exercised its discretion in equitably…
Plantz v. Rounds Page 55314
Appeal unanimously dismissed, without costs.…
People v. Grafton Page 55315
Order unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: A review of the minutes of the hearing and of the Grand Jury proceedings shows unmistakably that the prosecutor in presenting the case to the Grand Jury and in her contacts with witnesses before their…
General Electric Credit Corp. v. Zemrus Page 55316
Order unanimously reversed, on the law, without costs, and motion granted.…
O'Brien v. Parish Page 55317
Order unanimously affirmed, without *954costs, for reasons stated in memorandum decision at Special Term, Tenney, J.…
Judgment unanimously affirmed, with costs.…
Wahl v. Zoning Board of Appeals Page 55319
Judgment unanimously affirmed, with costs.…
Beckman v. Walters Page 55320
Order *957unanimously affirmed, with costs.…
Bain v. City of Rochester Page 55321
Judgment unanimously reversed, on the law, without costs, and complaint dismissed.…
Order unanimously modified, on the law, and as modified, affirmed, with costs to respondent, in accordance with the following memorandum: Special Term properly denied defendant’s motion for summary judgment dismissing the first two causes of action.…
Kearney v. Genesee Valley Group Health Ass'n Page 55323
Order unanimously affirmed, with costs to respondents (see, Watkins v Fromm, 108 AD2d 233).…
People v. Jay K. F. Page 55324
—Adjudication unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Davidson v. Smith Page 55325
Judgment affirmed. All concur, except Doerr, J., who dissents and votes to hold the case, reserve decision and remit the matter for further proceedings, in accordance with the following memorandum.
Doniger v. Yerkes Page 55326
Judgment unanimously reversed, on the law, without costs, and petition dismissed.…
Spann v. County of Monroe Page 55327
Order unanimously affirmed, without costs (see, Barr v County of Albany, 50 NY2d 247; Stalteri v County of Monroe, 107 AD2d 1071; Wilson v Sponable, 81 AD2d 1, appeal dismissed 54 NY2d 834).…
Order unanimously affirmed, with costs. Memorandum: We affirm for reasons stated in the memorandum decision by Special Term, Boehm, J.…
Order and judgment unanimously affirmed, without costs, for reasons stated at Special Term, Grow, J.…
People v. Miles Page 55330
Judgment unanimously affirmed. Memorandum: It was not error for the court to refuse *963to suppress defendant’s confession.…
People v. Scott Page 55331
Judgment affirmed (see, People v Cassell, 101 AD2d 1013).…
People v. Miles Page 55332
Judgment unanimously affirmed. Memorandum: Although defense counsel was not provided with a complete criminal history of a jailmate of defendant who testified for the People, that failure does not appear to be attributable to any bad faith on the part of the prosecutor and, inasmuch as the witness admitted an…
Judgment and order unanimously affirmed, without costs.…
Tonawanda Housing, Inc. v. State Page 55334
Judgment unanimously affirmed, with costs, for the reasons stated at Court of Claims, Moriarty, J.…
Faux v. DiFlorio Page 55335
Application unanimously denied and petition dismissed, without costs.…
In re Elia Page 55337
Order and judgment unanimously affirmed, with costs.…
Telmark, Inc. v. C & R Farms, Inc. Page 55338
Appeal unanimously dismissed, without costs, as academic.…
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this tax certiorari proceeding for tax years 1981, 1982 and 1983 involving a 346-unit apartment complex, the court calculated the net income produced by the property in each tax year…
City of Little Falls v. Barnes Page 55341
Order unanimously affirmed, without costs.…
City of Little Falls v. Barnes Page 55342
Order unanimously affirmed, without costs.…
City of Little Falls v. Barnes Page 55348
Order unanimously affirmed, without costs.…
City of Little Falls v. Barnes Page 55353
Order unanimously affirmed, without costs.…
People v. Copes Page 55355
Judgment unanimously modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to an indeterminate term of imprisonment with a maximum of six years and a minimum of two years, and otherwise judgment affirmed.…
People v. Adams Page 55356
Order unanimously affirmed for reasons stated in memorandum decision at Onondaga County Court, Mordue, J.…
People v. Nielson Page 55357
Judgment unanimously reversed, on the law, and new trial granted on third count of indictment; indictment otherwise dismissed without prejudice to the People to re-present a charge of criminal trespass in the second degree to another Grand Jury.…
People v. Johnson Page 55358
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, pursuant to his plea of guilty, of one count of murder in the second degree.…
Order unanimously reversed, on the law, with costs, and petitioner’s motion granted.…
Roth v. Roth Page 55360
Order unanimously modified, on the law, without costs, and, as modified, affirmed, and matter remitted to Supreme Court, Livingston County, for further proceedings, in accordance with the following memorandum: In this action for divorce, plaintiff wife claims that marital property exists which was not covered by the…
Rodman v. City of Syracuse Page 55361
Order unanimously affirmed, without costs, for reasons stated in memorandum decision at Special Term, Tenney, J.…
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Special Term properly granted summary judgment to plaintiff Manufacturers and Traders Trust Company in its…
Barnum v. Frickey Page 55363
Judgment unanimously modified, on the facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Both plaintiffs (the Barnums) and defendants (the Frickeys) claim they own the same parcel of real estate bordering Lake Ontario in the Town of Sodus.…
Order unanimously affirmed, with costs to defendant New York Telephone Company, for reasons stated in memorandum decision at Special Term, Lynch, J.…
Order unanimously affirmed, with costs to plaintiffs, for reasons stated in opinion at Supreme Court, *979Onondaga County, Balio, J.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Collins v. Collins Page 55368
Amended judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Prior to the divorce action commenced by plaintiff against defendant on the grounds of cruel and inhuman…
People v. Diebold Page 55369
Judgment unanimously affirmed. Memorandum: The People presented ample evidence to establish defendant’s guilt of two counts of second degree manslaughter and two felony counts of driving while intoxicated in connection with the fatal car crash on August 28, 1981 which resulted in the deaths of a 55-year-old woman and…
Liccione v. Sofia Page 55370
Order unanimously reversed, on the law and facts, without costs, petition granted, and matter remitted to Oneida County Family Court for further proceedings in accordance with the following memorandum: Contrary to the holding of the trial court, 256 days is within the range of the normal period of gestation (see…
Schaechter v. Regency Properties, Inc. Page 55371
Judgment unanimously reversed, on the law and facts, with costs, defendant’s counterclaim reinstated and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: In this action by plaintiff, who breached a contract to purchase real property procured for him…
Schaechter v. Regency Properties, Inc. Page 55372
Judgment unanimously reversed, on the law and facts, without costs.…
Reilly v. Taylor Page 55373
Order unanimously affirmed, with costs. Memorandum: Defen*983dants-appellants have not demonstrated that they are entitled to summary judgment dismissing the plaintiffs cause of action for intentional interference with a contractual relationship.…
Buthy v. Algonquin Broadcasting Corp. Page 55374
Order unanimously affirmed, with costs. Memorandum: Special Term properly denied summary judgment (CPLR 3212).…
Barile v. Kavanaugh Page 55375
Order and judgment affirmed, with costs. Memorandum: Special Term properly granted plaintiffs’ motion for summary judgment declaring that the notice of *984cancellation sent by defendant State Farm to its insured on July 22, 1983, purporting to cancel a policy of automobile liability insurance covering a vehicle owned…
People v. Simmons Page 55376
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction for assault in the second degree (Penal Law § 120.05 [2]).…
People v. Riddell Page 55377
Judgment unanimously reversed, on the law, and new trial granted.…
Randall v. Randall Page 55378
Order unanimously affirmed, without costs.…
Chyu v. County of Chautauqua Page 55379
Order unanimously reversed, on the law, without costs, motion granted and petition dismissed *990and order of transfer vacated.…
Marinelli v. Di Nardo Page 55380
Order unanimously affirmed, with costs. Memorandum: We affirm for reasons stated in the memorandum decision at Special Term (Patlow, J.).…
Martin v. County of Monroe Page 55381
Order entered December 14, 1984 unanimously reversed, on the law, with costs, and motion granted.…
Shirback v. Shirback Page 55382
Order, insofar as appealed from, unanimously reversed, on the law and facts, without costs, and application denied.…
Proceeding unanimously dismissed, without costs, upon stipulation.…
Amended order unanimously reversed, on the law, without costs, defendant’s motion granted, and complaint dismissed.…
People v. Gould Page 55386
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we find that defendant received meaningful representation from his attorney (see, People v Baldi, 54 NY2d 137, 147; see also, Strickland v Washington, 466 US 668, reh denied 467 US 1267).…
People v. Dery Page 55387
Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession and sale of cocaine.…
People v. Sharpe Page 55388
Judgment unanimously affirmed. Memorandum: Defendants’ speedy trial rights pursuant to CPL 30.30 were not violated by preindictment delay, because the record clearly establishes that each defendant requested delay in presentment of various drug charges in *997hopes of negotiating a more favorable plea than would have…
People v. Wolf Page 55389
Judgment unanimously affirmed. Same memorandum as in People v Sharpe (115 AD2d 996).…
People v. Preston Page 55390
—Order reversed, on the law, and motions denied.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Moose River Park, Inc. v. Tureck Page 55392
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly concluded that the affirmative defenses and counterclaims were without merit and granted summary judgment to plaintiff in this mortgage foreclosure action.…
Thomas v. Chamberlain Page 55393
Order unanimously modified, on the law, to grant defendants’ motion to dismiss the fourth cause of action and, as modified, affirmed, without costs.…
Gozelski v. Wyoming County Page 55394
dents Jugdment unanimously affirmed, without costs.…
Order unanimously affirmed, without costs, for reasons stated in memorandum decision at Supreme Court, Chautauqua County, NeMoyer, J.…
People v. Walk Page 55396
Judgment unanimously modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to a maximum of six years with a minimum of two years, and otherwise judgment affirmed.…
People v. Dusett Page 55397
Judgment unanimously affirmed (see, People v Pisano, 105 AD2d 1156; see also, People v Walsh, 108 AD2d 464).…
People v. Abney Page 55398
Judgment unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and matter remitted to Supreme Court, Monroe *1002County, for resentencing.…
Barie v. Faulkner Page 55399
Order unanimously reversed, on the law, without costs, and petition granted, in accordance with the following memorandum: While the court recognized that respondent’s relocation in Florida with the child of the marriage impeded petitioner’s visitation rights under the divorce decree, it abused its discretion in…
Flaum v. Birnbaum Page 55400
Order unanimously modified, on the law, by striking the paragraph directing defendant Saul I.…
Lemke v. Lemke Page 55401
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff failed to make an adequate showing that Janice R.…
Dissell v. Adams Page 55402
Petition unanimously granted and indictment dismissed, without prejudice to the People re-presenting a charge of manslaughter, second degree, to another Grand Jury.…
Rush v. Mordue Page 55403
Petition unanimously granted, *1009without costs, in accordance with the following memorandum: In this CPLR article 78 proceeding, petitioner seeks an order from this court prohibiting the County Court Judge and the District Attorney from proceeding to trial on an indictment accusing petitioner of perjury.…
People v. Holland Page 55404
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Hilton Page 55405
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Braggs Page 55406
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
People v. Jones Page 55407
—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Purnell v. Kelly Page 55409
Judgment unanimously reversed, on the law, and petition dismissed.…
Vega v. Kelly Page 55410
Judgment unanimously reversed, on the law, and petition dismissed.…
Howard v. Kelly Page 55411
Judgment unanimously reversed, on the law, and petition dismissed.…
Wilson v. Kelly Page 55412
Judgment unanimously reversed, on the law, and petition dismissed.…
Nuccelli v. Stiles Page 55413
Proceeding unanimously dismissed, without costs, upon stipulation.…
People v. Hulsizer Page 55414
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38).…
Appeals unanimously dismissed, without costs (see, Ellingsworth v City of Watertown, 113 AD2d 1013; Gastel v Bridges, 110 AD2d 146).…
People v. Mathibee Page 55416
Application of appellant’s counsel granted and appeal unanimously dismissed.…
People v. Robinson Page 55417
Judgment unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and defendant remanded to Onondaga County Court for resentencing.…
People v. Robinson Page 55418
Judgment unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and defendant remanded to Supreme Court, Monroe County, for resentencing.…
Town of West Seneca v. Smith Page 55419
Order unanimously reversed, on the law, with costs, and application denied.…
Jackson v. Mains Page 55420
unanimously reversed, on the law, without costs, and petition reinstated.…
People v. McDonald Page 55421
to amend remittitur granted and the words "Federal and State” are inserted before the words "due process” in the memorandum decision of this court dated July 12, 1985 (112 AD2d 722).…
Davis v. Smith Page 55422
for reargument granted and, upon reargument, judgment unanimously reversed and petition dismissed (see, Matter of Semper v Smith, 66 NY2d 130).…
Pondexter v. Smith Page 55424
for reargument granted and, upon reargument, judgment unanimously reversed, on the law, and petition dismissed (see, Matter of Semper v Smith, 66 NY2d 130).…
Woldequiorquis v. Smith Page 55426
Motion for reargument granted and, upon reargument, judgment unanimously reversed and petition dismissed (see, Matter of Semper v Smith, 66 NY2d 130).…
Orlando v. Smith Page 55427
Motion to dismiss appeal as moot denied. (See, Lindsay v New York State Bd.…
Pollnow v. Poughkeepsie Newspapers, Inc. Page 55817
OPINION OF THE COURT In this defamation action, predicated upon the publication of three allegedly libelous letters to the editor of the Poughkeepsie Journal, the Supreme Court, Dutchess County, granted summary judgment to the defendant newspaper and denied that branch of a cross motion by the author of the letters to…
In re the Claim of Cohen Page 55821
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 25, 1984, which ruled that claimant was entitled to receive benefits.…
People v. Lawson Page 55823
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered April 16, 1981, upon a verdict convicting defendant of the crime of robbery in the first degree.…
In re Kevin R. Page 55824
Appeals from three orders of the Family Court of Rensselaer County (Dixon, J.), entered February 11, 1983, which, inter alia, terminated respondent’s parental rights as to her three children by reason of her mental illness and committed the guardianship and custody of said children to petitioner.…
People v. Vermette Page 55825
Appeal from a judg-. ment of the County Court of Albany County (Clyne, J.), rendered April 20, 1983, upon a verdict convicting defendant of the crime of robbery in the first degree.…
People v. Zehner Page 55826
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered July 8, 1983, upon a verdict convicting defendant of the crimes of rape in the first degree and sodomy in the first degree.…
People v. Kirk Page 55827
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 23, 1983, upon a verdict convicting defendant of the crime of criminally negligent homicide.…
People v. Berard Page 55828
Appeal from a judgment of the County Court of Schenectady County (Stroebel, Jr., J.), rendered October 18, 1983, upon a verdict convicting defendant of the crime of sodomy in the first degree.…
Gist v. State Page 55829
Appeal from a judgment in favor of the State, entered December 13, 1983, upon a decision of the Court of Claims (Murray, J.).…
People v. Hart Page 55830
Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered November 22, 1983 in Chemung County, upon a verdict convicting defendant of the crime of escape in the first degree.…
People v. Cole Page 55831
Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered March 22, 1984, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
People v. Harris Page 55832
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered August 27, 1982, convicting defendant upon his plea of guilty of the crime of attempted murder in the second degree.…
People v. Gilliam Page 55833
Appeal from a judg*476ment of the County Court of Albany County (Clyne, J.), rendered October 12, 1983, upon a verdict convicting defendant of the crimes of robbery in the first degree (one count) and robbery in the second degree (two counts).…
People v. Costello Page 55834
Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered July 30, 1984, upon a verdict convicting defendant of the crime of manslaughter in the second degree.…
People v. Subik Page 55835
Appeal from a judgment of the County Court of Fulton County (Best, J.), rendered December 15, 1983, upon a verdict convicting defendant of the crime of unlawful imprisonment in the second degree.…
People v. Garrand Page 55836
Appeal from a judgment of the County Court of Franklin County (Garvey, J.), rendered July 11, 1984, upon a verdict convicting defendant of the crimes of criminal possession of a forged instrument in the second degree (three counts) and grand larceny in the third degree (three counts).…
People v. Mehan Page 55837
Appeal from a judgment of the County Court of Schoharie County (Lamont, J.), rendered June 6, 1984, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
State v. Perkins Page 55838
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered May 2, 1983 in Albany County, which granted defendant’s motion to dismiss the complaint.…
Sanchez v. New York State Tax Commission Page 55839
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 12, 1984 in Albany County, which denied petitioners’ motion for leave to renew or reargue a judgment of said court dismissing petitioners’ application, in a proceeding pursuant to CPLR article 78.…
Ronson v. Commissioner of Correction Page 55840
Appeals (1) from a judgment of the Supreme Court at Special Term (Pennock, J.), entered July 3, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to undertake certain actions regarding petitioner’s health care, and (2) from an order of…
Brandon v. Karp Page 55841
Appeals (1) from a judgment of the Supreme Court in favor of defendant Harrison M.…
In re Adam DD. Page 55842
Appeal from an order of the Family Court of Washington County (Leary, J.), entered September 7, 1984, which continued custody of respondent’s minor child with petitioner for a period of six months.…
Lockwood v. Niagara Mohawk Power Corp. Page 55843
Appeals from three orders of the County Court of Cortland County (Mullen, J.), entered September 4, 1984, which affirmed judgments of the City Court of the City of Cortland in favor of plaintiffs.* On April 2, 1982, a violent thunderstorm in the Cortland County area caused substantial damage to power lines owned and…
Cohen v. Ambach Page 55844
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to annul a determination of respondent Commissioner of Education which, inter alia, suspended petitioner’s license as a chiropractor for six months.…
Cross appeals from an order of the Supreme Court at Special Term (Williams, J.), entered June 14, 1984 in Saratoga County, which partially granted defendant’s motion for summary judgment dismissing the complaint.…
People v. Zimmer Page 55846
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered August 23, 1982, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.…
People ex rel. Scott v. Superintendent Page 55847
Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered October 26, 1984 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.…
Preusch v. University of New York Page 55848
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to annul a determination of the Commissioner of Education which revoked petitioner’s certificate to practice as a certified public accountant in New York State.…
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 31, 1984, which ruled that the employer was not liable for additional unemployment insurance contributions on remuneration paid to its drivers.…
Ivancic v. Olmstead Page 55850
Cross appeals from an order of the Supreme Court at Trial Term (Walsh, Jr., J.), entered April 24, 1984 in Montgomery County, which set aside a verdict in favor of plaintiff and granted a new trial.…
Olsen v. Baker Page 55851
Appeals (1) from two orders of the Supreme Court at Special Term (Kuhnen, J.), entered December 5, 1984 and December 18, 1984 in Broome County, which, inter alia, granted motions by defendants First City Division of Lincoln First Bank and Town of Vestal for summary judgment dismissing the complaints as to them, and…
Marino v. Watkins Page 55852
Appeal from that part of a judgment of the Supreme Court at Special Term (Shea, J.), entered September 27, 1984 in Albany County, which granted plaintiff’s motion for summary judgment with respect to the second cause of action against the corporate defendants and dismissed said defendants’ counterclaim.…
Klein v. Axelrod Page 55853
Cross appeals from a judgment of the Supreme Court at Special Term (Hughes, J.), entered June 11, 1984 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Health revising petitioner’s Medicaid reimbursement rate…
In re the Claim of Van Derhoof Page 55854
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 3, 1984.…
Nestor v. Totolis Page 55855
Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered May 15, 1984 in Broome County, which, inter alia, denied plaintiffs’ motion for a preliminary injunction and granted a cross motion for summary judgment in favor of defendants Mario Bernardo, Bernardo-Totolis partnership, and Carolyn Arms…
Griffin v. Harris Page 55856
Appeal from an order and judgment of the Supreme Court at Trial Term (Crew, III, J.), entered December 4, 1984 in Broome County, which granted defendants’ motion for summary judgment dismissing the complaint.…
Schenck v. State Tax Commission Page 55857
Appeal from a judgment of the Supreme Court at Special Term (Cobb, J.), entered July 31, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of jurisdiction.…
Apker v. Malchak Page 55858
Appeal from an order of the Family Court of Broome County (Whiting, Jr., J.), entered November 19, 1984, which dismissed petitioners’ application for visitation of their grandchildren.…
People ex rel. Stover v. Stover Page 55859
Appeal from an order of the Family Court of Columbia County (Zittell, J.), entered February 15, 1985, which sustained the mother’s petition for habeas corpus, *520thereby continuing temporary custody of the parties’ child with the mother as ordered by the Georgia Superior Court, and dismissed the father’s petition for…
People v. Miles Page 55861
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered August 3, 1983, upon a verdict convicting defendant of the crimes of murder in the second degree (one count), robbery in the first degree (two counts), burglary in the first degree (one count) and burglary in the second degree (one count).…
People v. Hoffman Page 55862
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 28, 1984, upon a verdict convicting defendant of two counts of the crime of rape in the first degree.…
Rahman v. Coughlin Page 55863
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.…
People v. Gladstone Page 55864
Appeal from a judgment of the County Court of Chenango County (Ingraham, J.), rendered March 30, 1984, upon a verdict convicting defendant of the crimes of kidnapping in the second degree, criminal possession of a dangerous weapon in the third degree and criminal use of a firearm in the first degree.…
People v. Cook Page 55891
Appeal from a judgment of the County Court of Chemung County (Ellison, J.), rendered July 2, 1980, convicting defendant upon his plea of guilty of the crimes of forgery in the second degree, burglary in the third degree and bail jumping in the first degree.…
People v. Wendling Page 55892
Appeal from a judgment of the County Court of Columbia County (Zittell, J.), rendered November 22, 1982, upon a verdict convicting defendant of the crime of murder in the second degree.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which sustained the imposition of an unincorporated business tax assessment against petitioners pursuant to Tax Law article 23.…
People v. Pierce Page 55894
Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered December 21, 1982, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the fifth degree.…
People v. Layman Page 55895
Appeal from a judgment of the County Court of Fulton County (Best, J.), rendered July 6, 1983, upon a verdict convicting defendant of the crimes of offering a false instrument for filing in the first degree and petit larceny.…
People v. Francine CC. Page 55896
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), ren*532dered October 19, 1983, which sentenced defendant upon her adjudication as a youthful offender.…
People v. Donato Page 55897
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 16, 1983, which revoked defendant’s probation and imposed a sentence of imprisonment.…
People v. Dorsey Page 55898
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 10, 1983, upon a verdict convicting defendant of two counts of the crime of robbery in the second degree.…
People v. De Santo Page 55899
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered November 14, 1983, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.…
People v. Benson Page 55900
Appeal from a judgment of the County Court of Albany County (Clyne, J.), *539rendered February 21, 1984, convicting defendant upon his plea of guilty of the crime of murder in the second degree.…
Heyer v. Heyer Page 55901
Appeal from an order of the Family Court of Schenectady County (Griset, J.), entered March 27, 1984, which dismissed without prejudice petitioner’s application to enforce an order of visitation and granted respondent’s cross petition to suspend the order.…
People v. Dobranski Page 55902
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered July 11, 1980, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.…
Hutter v. Hutter Page 55903
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered March 14, 1984 in Ulster County, upon a decision of the court at Trial Term (Williams, J.), without a jury.…
People v. Cuffee Page 55904
Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered September 23, 1983, upon a verdict convicting defendant of two counts of the crime of assault in the second degree.…
Carp v. Marcus Page 55905
Appeal from an order of the Supreme Court at Special Term (Bryant, J.), entered March 29, 1984 in Tompkins County, which granted defendant’s motion to dismiss the complaint and enjoined plaintiff from commencing any further civil actions against Sharon or Stanley Marcus without the aid of an attorney.…
Harry Rubin & Son, Inc. v. Claus Page 55906
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 3, 1983 in Schoharie County, upon a decision of the court at Trial Term (Pennock, J.), with an advisory jury.…
Triant v. Perales Page 55907
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which permanently disqualified petitioner from participating in the Medical Assistance Program.…
In re the Custody of Roger LL. Page 55908
Appeal from an order of the Family Court of Delaware County (Estes, J.), entered October 17, 1984, which denied petitioner’s applica*550tion pursuant to Social Services Law § 358-a for approval of an instrument transferring custody of respondent’s child to petitioner.…
Claim of Richardson v. Fiedler Roofing, Inc. Page 55909
Appeal from an amended decision of the Workers’ Compensation Board, filed December 29, 1983, which ruled that decedent’s death was causally related to his employment and awarded death benefits.…
Pottala v. Pottala Page 55910
Appeal from that part of a judgment of the Supreme Court ordering equitable distribution of the parties’ marital property and maintenance to plaintiff, entered May 2, 1984 in Schenectady County, upon a decision of the court at Trial Term (Doran, J.), without a jury.…
Appeal (1) from an order of the Supreme Court at Special Term (Kahn, J.), entered May 18, 1984 in Rensselaer County, which granted plaintiff’s motion for judgment in the sum of $257,460, and (2) from the judgment entered thereon.…
Appeal from an order of the Supreme Court at Special *557Term (Hughes, J.), entered December 12, 1983 in Albany County, which granted defendants’ motion to dismiss the complaint and denied plaintiff’s cross motion for, inter alia, permission to amend its summons and complaint.…
Appeal from that part of an order of the Supreme Court at Special Term (Crangle, J.), entered June 18, 1984 in Washington County, which denied plaintiff’s motion for summary judgment dismissing defendant Anthony D.…
Peters v. Morse Page 55914
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered September 12, 1984 in Washington County, which granted plaintiffs motion for partial summary judgment on the issue of liability.…
Humphries v. Coughlin Page 55915
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.…
Sebastiano v. State Page 55916
Appeal from a judgment of the Court of Claims (Murray, J.), entered April 10, 1984, which dismissed the claim.…
Albert I. Lonstein, P. C. v. Seeman Page 55917
Appeals from an order of the Supreme Court at Special Term (Torraca, J.), entered July 26, 1984 in Ulster County, which denied defendant Norman Seeman’s motion to vacate a default judgment entered against him.…
In re the Claim of Martin Page 55918
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 9, 1984, which excluded certain earnings in computing claimant’s benefit rate.…
Estes v. Estes Page 55919
Cross appeals from an order of the Family Court of Rensselaer County (Reeves, J.), entered October 9, 1984, which, inter alia, awarded custody of Joshua M.…
Hirst v. Hirst Page 55920
Appeal (1) from an order of the Supreme Court at Special Term (Bradley, J.), entered June 27, 1984 in Albany County, which granted plaintiff’s motion for entry of a money judgment against defendant for the amount of temporary maintenance due in arrears and for counsel fees, and (2) from the judgments entered thereon.…
Brown v. Regan Page 55921
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.…
Appeal (1) from an order of the Supreme Court in favor of defendant, entered October 18, 1984 in Albany County, upon a dismissal of the complaint by the court at Trial Term (Kahn, J.), at the close of all the evidence, and (2) from the judgment entered thereon.…
In re the Claim of Easy Page 55923
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 14, 1984, which ruled that claimant was disqualified from receiving benefits because she lost her employment due to misconduct and charged her with a recoverable overpayment of benefits.…
Seine Bay Realty, Inc. v. Jones Page 55924
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered May 9, 1984 in Clinton County, which, inter alia, denied plaintiffs’ motion, in an action pursuant to RPAPL article 15, for summary judgment on their first and second causes of action.…
Koshgarian v. Vics Page 55925
Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered May 7, 1984 in Albany County, which granted plaintiff’s motion for summary judgment and denied as moot defendant’s cross motion for an order of preclusion.…
Tomlinson v. Board of Education Page 55926
Appeal from a judgment of the Supreme Court at Special Term (Swartwood, J.), entered May 14, 1984 in Chemung County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to require respondent to continue paying petitioner her full salary during a period of suspension.…
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Chemung County) to review a determination of the Commissioner of Labor which held that petitioner and its subcontractors failed to pay prevailing wages and wage supplements as required by Labor…
In re the Claim of Maraldo Page 55929
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1984.…
In re the Claim of Pappas Page 55930
Appeals from decisions of the Unemployment Insurance Appeal Board, filed September 5, 1984 and November 26, 1984.…
Acton v. Wallace Page 55931
Appeal from an amended judgment of the Supreme Court at Special Term (Cholakis, J.), entered April 25, 1985 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a *582determination of the Board of Building and Zoning Appeals of the City of Albany granting…
In an action pursuant to Lien Law article 3-A, plaintiff appeals from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated March 6, 1984, as granted respondents’ motion to vacate default judgments against them.…
Bettino v. Bettino Page 55933
In a matrimonial action, the defendant husband appeals, as limited by his brief, from (1) stated portions of an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered July 19, 1984, which, inter alia, upon deeming a branch of the plaintiff wife’s postjudgment application "as one to vacate” the…
Board of Education v. Greene Page 55934
In an action pursuant to RPAPL 1955 to extinguish a certain restriction on real property contained in a deed recorded in 1868, the plaintiff appeals, and defendants Eva Greene, May Olive Valentine Wiley, Marian Dator Grossman, Thomas Da*183tor, Doris Dator Reutershaw, Benjamin Moffatt, Tracy Moffatt, Elizabeth Moffatt…
In an action to recover diverted funds, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated November 14, 1984, which denied his motion for summary judgment.…
Burroughs v. New York City Transit Authority Page 55936
*187In an action (action No. 2), inter alia, to recover damages for malicious prosecution and false arrest, defendant New York City appeals, as limited by its brief, from so much of an interlocutory order and judgment (one paper) of the Supreme Court, Kings County (Monteleone, J.), dated February 14, 1984, as denied…
Della Vecchia v. Della Vecchia Page 55937
In a matrimonial action, defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County (Murphy, J.), entered January 25, 1984, as awarded plaintiff husband a divorce on the ground of cruel and inhuman treatment and determined that defendant had not contributed to the…
Granieri v. Ryder Truck Rental, Inc. Page 55938
In an action to recover damages for personal injuries, and property damage, defendants appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 23, 1983, which denied their motion for leave to serve an amended answer interposing as an affirmative defense a setoff or reduction in…
Gunnarsson v. State Page 55939
In a claim to recover damages for personal injuries, the State of New York appeals from a judgment of the Court of Claims (Orlando, J.), dated December 27, 1983, which awarded the claimant the principal sum of $750,000 for injuries sustained while confined at a State psychiatric facility.…
Henderson v. Holley Page 55940
In an action to recover damages for conversion, defendants appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), entered April 16, 1982, which, after a nonjury trial, is in favor of the plaintiffs and against them in the amount of $5,097.…
Hirsch v. Peekskill Ranch, Inc. Page 55941
In an action to foreclose a mortgage, plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated July 26, 1984, which directed that a hearing be conducted to determine the receiver’s claim for reimbursement for necessary expenditures.…
Horwitz v. American Druggists' Insurance Page 55942
In an action to recover $2,526.42 on a labor and material payment bond underwritten by defendant as surety, defendant appeals from an order of the Supreme Court, Dutchess County (Cholakis, J.), dated September 28, 1984, which denied defendant’s motion pursuant to CPLR 3212 to dismiss the action on the ground that…
Irwin v. Kayser Page 55943
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Orangetown (hereinafter the board), dated February 15, 1984, the appeal is from an order and judgment (one paper) of the Supreme Court, Rockland County (Isseks, J.), dated August 10, 1984, which, inter…
In an action to recover money damages for injury to property, plaintiff appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated December 20, 1983, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).…
Kramer v. Ryder Truck Rental, Inc. Page 55945
In a negligence action to recover damages for personal injuries, etc., Ronald D.…
Krystofic v. Rapisardi Page 55946
In an action to recover damages for personal injuries, etc., defendants Carmela and Joseph Rapisardi appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated April 6, 1984, as granted plaintiffs’ cross motion to vacate an order of the same court (Tanenbaum…
Levine v. Sarbello Page 55947
(1) In an action, inter alia, for specific performance of a contract for the sale of real property, (a) plaintiffs Levine appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Hirsch, J.), dated March 30, 1984, as dismissed their complaint with respect to their claim for the…
M & R Rubbish Removal, Inc. v. Spaterella Page 55948
In a receivership proceeding for an order directing an escrow agent how to proceed with the payment of certain sales and withholding taxes due or alleged to be due to the State of New York, the New York State Tax Commission appeals from an order of the Supreme Court, Suffolk County (Brucia, J.), dated October 26…
Mastro v. Mastro Page 55949
In an action to recover damages for assault, battery and conversion, plaintiff appeals from an order of the Supreme Court, Westchester County (Stolarik, J.), dated November 8, 1984, which denied her motion for summary judgment pursuant to CPLR 3212, and which, in effect, extended the defendant’s time to file a note of…
McGahey v. Kimbrow Page 55950
In an action to recover damages for personal injuries and wrongful death, plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 4, 1984, which granted defendants’ motions for summary judgment and denied plaintiff’s cross motion for summary judgment.…
Melone v. County of Westchester Page 55952
In an action to recover damages for unlawful imprisonment, plaintiff appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), entered January 23, 1984, which granted defendants’ motion for summary judgment dismissing the complaint.…
Ojeda v. Sears, Roebuck & Co. Page 55953
In an action to recover damages for personal injuries based on the theories of negligence and strict products liability, defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), entered May 17, 1984, which granted plaintiffs’ motion, denominated as one for reargument but deemed renewal by the…
Pilarsky v. Sonny Del Blvd. Meats, Inc. Page 55954
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Queens County (Kunzeman, J.), dated May 7, 1984, which denied her motion to vacate a stipulation of settlement waiving her right to appeal from a "jury verdict” in favor of the defendants.…
Resnick v. Karmax Camp Corp. Page 55955
In a shareholders’ derivative action, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Cooper-man, J.), dated May 11, 1984, as granted that branch of the individual defendants’ motion which was for a change of venue and denied her cross motion to compel…
Robinson v. Paramount Pictures Corp. Page 55956
In an action, inter alia, to recover damages for breach of contract, plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Adler, J.), dated November 9, 1983, as granted defendant Travolta’s motion to dismiss plaintiffs amended complaint as against him and defendant…
Rokeach v. Zaltz Page 55957
In an action for a partition of certain real property and for an accounting of rents and other moneys received or collected from the property, defendant Helene Zaltz, as administratrix of the estate of Max Rokeach, appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Rader…
Rosenbaum v. Ace Transit Corp. Page 55958
In a personal injury action, the defendant Ace Transit Corp. appeals from so much of an order of the Supreme Court, Nassau County (Vitale, J.), dated July 22, 1983, as directed it to interpose its answer within 30 days after service upon it of a copy of said order.…
Salvio v. Idone Page 55959
In an action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Goldberg, J.), dated May 9, 1983, which, after a jury trial, was in favor of defendants Idone dismissing the complaint as to them.…
Sheehan v. Hollywood Page 55960
In an automobile negligence action to recover damages for personal injuries, etc., the defendants Eugene Hollywood and Robert De Santis appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated February 14, 1984, as granted those branches of…
Silver v. Brodsky Page 55961
In an action to recover damages for personal injuries sustained by plaintiff Claire Silver when she fell in defendant Felicia Brodsky’s beauty salon, defendant Marcia Wernick, the owner and lessor of the premises on which the salon was located, appeals from an order of the Supreme Court, Kings County (Held, J.), dated…
Voss v. Multifilm Corp. of America Page 55963
In an action to foreclose a mortgage on real property, the intervenor, Ernest Eckstein, a guarantor of the mortgage liability, appeals from a judgment of the Supreme Court, Westchester County (Isseks, J.), entered April 6, 1984, which granted the plaintiff mortgagee’s motion for a deficiency judgment against the…
Weinberg v. Finkelstein Page 55964
In an action, inter alia, for a judgment declaring a purported lease null and void and to recover rent arrears based on the alleged fraudulent conduct of defendants, plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County (Kassoff, J.), dated September 15, 1983, as…
In an action by a landlord to recover damages, inter alia, for the tenant’s breach of a covenant to keep the leased premises in good repair, the defendant appeals from so much of an order of the Supreme Court, Kings County (Pino, J.), dated August 23, 1984, as denied that branch of its motion which was to change the…
In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Nassau County (Harwood, J.), dated June 26, 1984, which denied their motion to dismiss the complaint as barred by the Statute of Limitations.…
Wolski v. De Luca Page 55967
In an action, inter alia, for a permanent injunction, defendants appeal from so much of a judgment of the Supreme Court, Putnam County (Beisheim, J.), dated January 27, 1984, as, after a trial, granted a permanent injunction to plaintiff restraining defendants from interfering with his use of a right-of-way, and…
Bockis v. Kayser Page 55968
In a proceeding pursuant to CPLR article 78, inter alia, to review appellants’ determination dated August 31, 1983 and made after a public hearing, which denied petitioners’ application for a building permit and other related relief, the appeal is from a judgment of the Supreme Court, Rockland County (Coppola, J.)…
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority which sustained charges based upon Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (r) (2) and directed the temporary suspension of petitioner’s liquor license and a $1,000 bond claim.…
In re Gargano Page 55970
In a proceeding for the involuntary dissolution of a corporation, the appeal is from stated portions of an order of the Supreme Court, Kings County (Jones, J.), dated December 15, 1983, which, inter alia, ordered the sum of $4,706 to be paid into court, and petitioner cross-appeals, as limited by his brief, from so…
In re Gargano Page 55971
In a proceeding for the involuntary dissolution of a corporation, the King Motorcycle Corporation appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Kings County (Alfano, J.), dated June 5, 1984, which, inter alia, held that petitioner was a qualified shareholder.…
In re Government Employees Insurance Page 55972
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration between Government Employees Insurance Company and Hazel Richardson, as administratrix of the estate of Marcella Henry, deceased, on her claim for uninsured motorist benefits, second additional party-respondent Hartford Insurance Company…
Appeal by petitioner from an order of the Supreme Court, Richmond County (Hurowitz, J.), dated March 8, 1984, which, following a hearing, denied his application pursuant to Insurance Law § 5218 for leave to sue the Motor Vehicle Accident Indemnification Corporation (MVAIC).…
In re Steven J. Page 55974
Appeal from an order of disposition of the Family Court, Queens County (Cerrado, J.), dated June 11, 1984, which, upon a fact-finding determination of the same court, made after a hearing, that appellant had committed acts which, if committed by an adult, would have constituted the crime of robbery in the second…
J.P.L., Inc. v. L & A Music Co. Page 55975
In a proceeding to stay arbitration, L & A Music Co., Inc. appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), dated November 5, 1984, which granted a stay of arbitration.…
Kluge v. Walter B. Cooke, Inc. Page 55976
In a proceeding to compel compliance with subpoenas duces tecum, the appeals are (1) from an order of the Supreme Court, Queens County (Graci, J.), dated May 1, 1984, which granted petitioner’s unopposed motion to hold the appellant in civil contempt for failure to obey an order of the same court directing it to…
Lyons v. Lyons Page 55977
In a proceeding pursuant to Family Court Act article 6, the petitioner mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Cohen, J.), entered September 8, 1983, as *233dismissed her petition to modify a prior order of the same court dated February 26, 1981, which…
Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated August 30, 1984, which dismissed petitioner’s complaint upon a finding that there was no probable cause to believe that the respondent State University of New York Downstate Medical Center had engaged in…
In an action, inter alia, to recover damages for breach of a contract of employment, prima facie tort and malicious discharge from employment, plaintiffs appeal from an order of the Supreme Court, Westchester County (Cerrato, J.), entered February 3,1984, which dismissed the complaint.…
Michailides v. Schembri Page 55980
Proceeding pursuant to CPLR article 78 to review a determination of respondent Frank J.…
Punis v. Perales Page 55981
Proceeding pursuant to CPLR article 78 to review (1) so much of a determination of the respondent State Commissioner, dated August 22, 1983, as, upon reversing a determination of the local agency denying petitioner’s application for public assistance upon the ground that she had available resources exceeding her…
Sessions v. Brunswick Hospital Center Page 55982
Proceeding pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 5, 1983, which determined that there was no probable cause to believe that respondents had engaged in an unlawful discriminatory practice.…
Sheppard v. McCall Page 55983
Proceeding pursuant to Executive Law § 298 (incorrectly denominated as a proceeding pursuant to CPLR article 78) to review a determination of the New York State Division of Human Rights, dated June 13, 1984, which dismissed the petitioner’s complaint upon a finding of no probable cause to believe that the respondent…
Sweeney v. Board of Education Page 55984
Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated August 29, 1984, which found no probable cause to believe that respondent engaged in an unlawful discriminatory practice relating to employment because of petitioner’s psychiatric disability, and…
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Mental Health, dated December 22, 1983, which, after a hearing, found that the establishment of a community residential facility at a contested location would be appropriate.…
People v. Annunziata Page 55986
Appeal by defendant from an amended judgment of the County Court, Suffolk County (Weissman, J.), rendered April 14, 1982, adjudging him to be in violation of probation, upon his plea of guilty, and imposing sentence.…
People v. Austin Page 55987
Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered January 20, 1983, convicting him of murder in the second degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Barton Page 55988
Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered February 9, 1981, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Bennett Page 55989
Appeal by defendant from a judgment of the Supreme Court, Kings County (Krausman, J.), rendered August 30, 1983, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Blain Page 55990
Appeal by defendant from an amended judgment of the County Court, Suffolk County (Namm, J.), rendered March 7, 1984, which adjudicated defendant to be in violation of probation, upon a plea of guilty, and imposed sentence.…
People v. Carolina Page 55991
Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered April 29, 1983, convicting him of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.…
People v. Cresci Page 55992
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered December 6, 1982, convicting him of attempted kidnapping in the second degree, upon a jury verdict, and imposing sentence.…
People v. Davis Page 55993
Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered May 20, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Lane Page 55994
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lawrence, J.), *248rendered December 22, 1981, convicting him of two counts of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Lindo Page 55995
Appeal by defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered January 14, 1984, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Nichols Page 55996
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered March 23, 1984, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.…
People v. Pagan Page 55998
Appeal by defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered March 17, 1983, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Parsons Page 55999
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered July 13, 1982, convicting him of murder in the second degree (two counts), assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Pasciuta Page 56000
Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered December 19, 1983, convicting him of burglary in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Reyes Page 56001
Appeal by defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered February 4, 1983, convicting him of murder in the second degree and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Rose Page 56002
Appeal by defendant from a judgment of the Supreme Court, Richmond County (Sangiorgio, J.), rendered June 7, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence as a second felony offender to an indeterminate term of from 5 to 10 years’ imprisonment.…
People v. Rosen Page 56003
Appeal by the People from an order of the Supreme Court, Queens County (Giaccio, J.), dated May 24, 1984, which granted those branches of the defendant’s omnibus motion which sought suppression of physical evidence and statements allegedly made to law enforcement officers.…
People v. Rudan Page 56004
Appeal by defendant from a *256judgment of the County Court, Nassau County (Delin, J.), rendered June 18, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Salmon Page 56005
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered May 19, 1983, convicting him of manslaughter in the first degree, upon a plea of guilty, and imposing sentence.…
People v. Schwartz Page 56006
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 3, 1984, convicting him of grand larceny in the third degree, upon his plea of guilty, and sentencing him, as a second felony offender, to an indeterminate prison term of 1 1/2 to 3 years.…
People v. Shakoor Page 56007
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered January 18, 1982, convicting him of two counts of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Williams Page 56008
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered November 15, 1982, convicting him of robbery in the first degree (14 counts) and assault in the second degree, upon a jury verdict, and imposing sentence.…
People v. Yacopino Page 56009
Appeal by defendant, as limited by his motion from a sentence of the County Court, Rockland County (Meehan, J.), imposed October 9, 1984.…
Manzi v. Smith Page 56010
Judgment unanimously affirmed (see, People ex rel.…
People v. Jones Page 56011
Judgment unanimously affirmed. Memorandum: We reject defendant’s argument on appeal from his conviction after a guilty plea to robbery, second degree, that the court erred in denying his motion to withdraw the plea.…
People v. Castrechino Page 56012
Judgment unanimously reversed, on the law and facts, defendant’s motion to suppress granted, and indictment dismissed.…
People v. Carr Page 56013
Judgment reversed, on the law, and indictment dismissed.…
Bayne v. Roberts Page 56014
Order unanimously reversed, on the law, without costs, and matter remitted to Supreme court, Monroe County, for a hearing, in accordance with the following memorandum: The mother appeals from the denial without a hearing of her application for modification of a prior order granting custody of the parties’ two children…
Graczyk v. White Page 56015
Order modified, in the exercise of discretion, to provide that the granting of defendants’ motion be conditioned upon defendants paying to plaintiff $500 in view of the costs and inconvenience incident to the delay and that plaintiff be allowed a continuance for additional preparation (CPLR 3025 [b]), and, as…
Determination unanimously annulled, on the law, without costs, and matter remitted to the State Division of Human Rights for further proceedings, in accordance with the following memorandum: Petitioner seeks to annul a determination of the State Division of Human Rights finding no probable cause that respondent…
Birnbaum v. Flaum Page 56017
Decree unanimously modified, on the law, and, as modified, affirmed without costs, in accordance with the following memorandum: It was not an abuse of discretion, under the circumstances, for the Surrogate to grant in part the application of Stroock & Stroock & Lavan without a hearing pursuant to SCPA 2110 and to…
Capone v. Chesebrough Pond's, Inc. Page 56018
Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.…
People v. Hunt Page 56019
Judgment unanimously modified, on the law, by reversing the conviction for criminal possession of stolen property in the second degree, dismissing that count of the indictment, and vacating the sentence imposed thereon, and, as modified, affirmed.…
People v. Matthews Page 56020
Judgment unanimously affirmed. Memorandum: Defendant appeals from a conviction after jury trial of four counts of robbery in the first degree and one count of attempted aggravated assault upon a police officer, arguing that he was deprived of a fair trial by cumulative prosecutorial misconduct.…
People v. Weaver Page 56021
Order affirmed. Memorandum: The Trial Judge, although not empowered to set aside or modify the verdict in the interest of justice, was authorized, nonetheless, to entertain and determine at any time before sentence a motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 (see, CPL 255.20…
People v. Anderson Page 56022
Judgment unanimously reversed, on the law, and new trial granted.…
People v. Dillenbeck Page 56023
Judgment unanimously affirmed. Memorandum: We agree with the trial court that, under the circumstances of this case, the prior statement allegedly made by the victim cannot reasonably be construed as being inconsistent with her testimony.…
Determination unanimously confirmed and petition dismissed, without costs {see, State Div.…
State Division of Human Rights v. American Federation, County & Municipal Employees, Local 1095 Page 56026
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Determination unanimously confirmed and petition dismissed, without costs.…
State Division of Human Rights v. Wiesner Page 56029
Determination unanimously confirmed and petition dismissed, without costs.…
Busshart v. Park Page 56030
Order unanimously affirmed, with costs. Memorandum: Defendants appeal from an order denying the motion for a protective order and directing that defendant Parks be deposed in this medical malpractice action.…
Determination unanimously annulled, without costs, and matter remitted to State Division of Human Rights for further proceedings, in accordance with the following memorandum: In finding that petitioner has an impairment which is a disability within the meaning of the Human Rights Law, the Division thereby found that…
Lilly v. Turecki Page 56032
Order unanimously affirmed, without costs.…
Cooligan v. Celli Page 56033
Application unanimously denied and petition dismissed, without costs.…
People v. Schulz Page 56034
Judgment reversed, on the law, motion to suppress granted, and defendant remanded to Supreme Court, Cattaraugus County, for further proceedings on the indictment.…
People v. Mercer Page 56035
Adjudication unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree (Penal Law § 140.20) and petit larceny (Penal Law § 155.25).…
People v. Fasano Page 56036
Order unanimously reversed, on the law, and verdict reinstated.…
Determination unanimously confirmed and petition dismissed, without costs.…
Ricci v. First Time Around, Inc. Page 56040
Order unanimously reversed, on the law, with costs, petition reinstated and matter remitted to Supreme Court, Cattaraugus County, for a hearing, in accordance with the following memorandum: The record conclusively shows disagreement between petitioner, a 50% shareholder in respondent corporation, and the two…
Gregoire v. Newman Page 56041
Order unanimously affirmed, with costs, for the reasons stated in memorandum decision at Supreme Court, Gossel, J.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Rejman v. Welch Page 56044
Judgment, insofar as appealed from, unanimously modified, on the law, by striking the last two adjudging paragraphs and, as modified, affirmed, without costs.…
Falcone v. Falcone Page 56045
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Oneida County, for further proceedings, in accordance with the following memorandum: Plaintiff appeals from the trial court’s dismissal of her causes of action for divorce based upon…
People v. Rotach Page 56046
Judgment unanimously affirmed. Memorandum: The court did not err in admitting defendant’s custodial statements at the trial.…
People v. Ortiz Page 56047
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting her of conspiracy in the fourth degree, defendant contends that the evidence was insufficient to connect her with the conspiracy and that the acts relied upon by the prosecution did not constitute overt acts required to convict for…
People v. Griffiths Page 56048
Judgment unanimously affirmed. Memorandum: The court properly refused to suppress drugs and drug paraphernalia discovered at the scene of an automobile accident.…
People v. Brinkworth Page 56049
Judgment unanimously reversed, on the law, and a new trial granted.…
Dattmore v. Eagan Real Estate, Inc. Page 56050
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred by refusing to grant discovery of defendants’ security log book and maintenance log book pertaining to prior accidents and repairs or salting relevant to the location of…
Curtis v. Town of Macedon Page 56051
Proceeding converted to declaratory judgment action.…
Judgment unanimously affirmed, without costs.…
Village of Cassadaga v. Ehmke Page 56053
Order unanimously affirmed, with costs, for the reasons staed in memorandum decision at Supreme Court, Bayger, J.…
Auer v. Dyson Page 56054
Order and judgment unanimously affirmed, with costs, for reasons stated in opinion at Special Term, Tenney, J.…
People ex rel. Mikulec v. Braun Page 56055
Judgment unanimously affirmed. Memorandum: CPL 570.16 is inapplicable to the facts of this case.…
People v. Saia Page 56056
Judgment unanimously affirmed. Memorandum: Defendant urges that robbery cannot be committed by threatening physical force for the purpose of retaining property acquired by trick or false pretenses.…
Freeman v. Freeman Page 56057
Order, insofar as appealed from, unanimously reversed, on the law, without costs, in accordance with the following memorandum: The parties owned two parcels of real property as tenants by the entirety before their litigated divorce in 1980.…
In re Simmons Page 56058
Order affirmed, without costs. Memorandum: Special Term exercised sound discretion when it denied petitioner’s request to enter respondent hospital’s intensive-care unit with personnel and camera equipment and remain there for a period of eight hours for the purpose of videotaping his daughter, who is comatose and…
Judgment, insofar as appealed from, unanimously reversed, on the law, without costs, in accordance with the following memorandum: Special Term lacked authority to grant sua sponte relief (see, Ressis v Mactye, 98 AD2d 836; De Pan v First Natl.…
People v. Mayfield Page 56060
Motion for reargument granted to the extent that the first sentence of the memorandum decision dated March 1, 1985 (109 AD2d 1084) amended to read as follows: "Defendant’s two consecutive sentences of 2-1/3 to 7 years on convictions of burglary in the third degree, petit larceny and possession of burglar’s tools for a…
Aronauer v. Aronauer Page 56061
In a matrimonial action, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered November 9, 1984, which denied her motion to compel discovery and inspection of certain of the financial records of her husband’s dental practice and to grant her an award of expert accounting…
In an action to recover damages for personal injuries, defendant New York City Health and Hospitals Corporation appeals from an order of the Supreme Court, Queens County (Cohen, J.), dated February 29, 1984, which (1) granted plaintiff’s motion to strike its answer, and set the matter down for a trial on the issue of…
Bradley v. Earl Page 56063
In a matrimonial action in which the plaintiff wife moved for leave to enter a money judgment against the defendant husband for arrears in child support due under a separation agreement which was incorporated bút not merged in a judgment of divorce between the parties and which contained a cost of living escalation…
Cohen v. Terranella Page 56064
In an action to recover damages for personal injuries sustained in an automobile accident, plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Bambrick, J.), entered August 9, 1984, as was in favor of defendant upon a jury verdict.…
Fitzgibbon v. County of Nassau Page 56065
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated April 11, 1984, which denied his motion for leave, inter alia, to serve an amended complaint.…
In an action, inter alia, to recover damages for breach of a collective bargaining agreement, plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated September 20, 1984, which granted defendant’s motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) upon the ground…
Kestenberg v. Platinum Properties Corp. Page 56067
In an action to foreclose a mortgage, defendant Glenwood Estates Associates appeals from an order of the Supreme Court, Westchester County (Delaney, J.), entered August 27, 1984, which granted respondents’ motion for the appointment of a receiver and denied appellant’s cross motion for leave to interpose an answer.…
Klein v. Daskal Page 56068
In an action, inter alia, to recover damages for fraud and money had and received, defendants appeal from (1) an order of the Supreme Court, Kings County (Rader, *269J.), dated July 19, 1984, which granted plaintiffs’ motion to disqualify their trial attorney, and (2) a further order of the same court, dated September…
Michalson v. Michalson Page 56069
In an action for a divorce and ancillary relief, the plaintiff wife appeals from stated portions of an order and judgment (one paper) of the Supreme Court, West-*270Chester County (Marbach, J.), dated September 25, 1984, which, inter alia, (1) granted the defendant husband’s cross motion for a downward modification of…
Mirkin & Gordon, P. C. v. Suffolk County-Local 852 Civil Service Employees Ass'n Legal Services Fund Page 56070
In an action, inter alia, to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Nassau County (Meade, J.), entered January 11, 1984, which denied its motion to dismiss the complaint on the ground of res judicata pursuant to CPLR 3211 (a) (5).…
Murphy v. Long Island Oyster Farms, Inc. Page 56071
In an action, inter alia, for a judgment declaring the rights of the defendants under the terms of a lease, the plaintiffs appeal from a judgment of the Supreme Court, *277Suffolk County (McCarthy, J.), entered April 19, 1984, which, among other things, declared that the lease grants to the defendant tenant, Long…
Pappalardo v. Katz Page 56072
In an action to recover damages for slander and tortious interference with a contract, defendant appeals from so much of an order of the Supreme Court, Rockland County (Buell, J.), dated October 27,1983, as denied that branch of his motion which was for summary judgment as to the slander cause of action.…
Reilly v. County of Nassau Page 56074
In an action to recover damages for personal injuries, etc., defendant County of Nassau appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated November 9, 1984, which denied its motion to vacate plaintiffs’ notice to take the deposition upon oral examination of a nonparty witness.…
Sandvoss v. Dunkelberger Page 56075
In an action, inter alia, to recover an attorney’s fee, plaintiff appeals from an order of the Supreme Court, Westchester County (Ferraro, J.), entered March 23, 1984, which, among other things, denied that branch of his motion which was for partial summary judgment against defendant Merilyn G.…
Scott v. Pershing Construction Co. Page 56076
In an action to recover damages for personal injuries, plaintiff appeals from (1) a judgment of the Supreme Court, Nassau County (Christ, J.), dated March 9, 1984, which, after a jury *280trial, was in favor of defendants and (2) an order of the same court, dated May 9, 1984, which denied his motion for a new trial…
Sheps v. Frank B. Hall & Co. Page 56077
In an action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Rockland Count (Slifkin, J.), entered August 18, 1983, as, upon verdicts rendered after a bifurcated jury trial which found all defendants liable for negligence…
Tarulli v. Shaffer Page 56078
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated March 14, 1982, which upon the report and recommendation of a hearing officer (1) found that Bart Tarulli, Jr., licensed beauty shop *284owner of Sierra Hair Designers, Ltd., had violated General Business Law §§ 407, 412 in…
In a foreclosure action involving two parcels of real property situated in Suffolk County, defendants Walter and Margaret Doner appeal from an order of the Supreme Court, Suffolk County (Orgera, J.), dated July 31, 1984, which denied their *285motion, inter alia, to permanently enjoin the foreclosure sale of parcel…
Theroux v. Theroux Page 56080
In a matrimonial action, the plaintiff husband appeals from a judgment of the Supreme Court, Nassau County (Kelly, J.), dated September 25, 1984, which awarded the defendant wife the sum of $8,496.50 for counsel fees, expenses, costs and disbursements.…
United Services Automobile Ass'n v. Meier Page 56081
In a declaratory judgment action to determine the rights and obligations of the parties under two insurance policies, defendant Egle appeals from so much of an order of the Supreme Court, Kings County (Jordan, J.), dated May 24, 1984, as denied her cross motion for summary judgment (1) dismissing plaintiff’s first…
Ventola v. Ventola Page 56082
In a matrimonial action, plaintiff’s former attorney, Alan I.…
Volkell v. Volkell Page 56083
In a matrimonial action, the defendant husband appeals from so much of an order of the Supreme Court, Queens County (Miller, J.), dated June 20, 1984, as denied his cross motion, inter alia, for the imposition of monetary sanctions against plaintiffs counsel for expenses allegedly incurred as a result of improper…
Witkoff v. Shopwell, Inc. Page 56084
In a proceeding to recover possession of real property, the tenant appeals, by permission, from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 13, 1984, which unanimously reversed an order of the Civil Court of the City of New York, Queens County (Hentel, J.)…
Yetman v. St. Charles Hospital Page 56085
In an action to recover damages for medical malpractice, plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated April 12, 1984, which, inter alia, denied his motion to vacate a prior precalendar conference order which had directed him to provide defendants with duly executed…
Anonymous v. Olson Page 56086
In a proceeding pursuant to Family Court Act § 651 to determine the custody of children, petitioners appeal from an order of the Family Court, Queens County (Pearce, J.), dated July 31, 1984, which, upon a finding that the children in question were homeless, destitute and abandoned within the meaning of Social…
In a proceeding to stay arbitration, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Lama, J.), dated May 31, 1984, as amended by an order of the same court, dated June 28, 1984, which denied the stay.…
In a proceeding to stay arbitration, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Lama, J.), dated May 31, 1984, which denied the stay.…
Bove v. Steisel Page 56089
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Sanitation of the City of New York, dated June 14, 1984, which, after hearings, found petitioner guilty of certain charges and terminated his employment.…
In re Buckley Page 56090
Judgment of the Supreme Court, Westchester County, entered January 27, 1984, affirmed, insofar as appealed from, with costs to respondent Galine Doraffourd payable by appellants, for reasons stated in the decision of Justice Burchell at Special Term.…
Dukelow v. Lum Page 56091
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Lum terminating petitioner’s employment at the Harlem Valley Center Division of Youth and to reinstate her to that position with back pay, benefits and accruals, petitioner appeals from a judgment of the Supreme Court, Dutchess…
People v. Kennedy Page 56092
Judgment unanimously affirmed. Memorandum: Defendant’s contention that the court’s charge on intoxication was erroneous was not preserved for review since there was no exception or request (CPL 470.05).…
Klock v. Wegman's Food Market, Inc. Page 56095
Order unanimously affirmed, without costs.…
McLaren v. Schick Page 56096
Judgment unanimously reversed, on the law, without costs and petition dismissed.…
Seger v. State Page 56097
Judgment unanimously affirmed, with costs, on the opinion at Court of Claims, McMahon, J.…
Pittsford Plaza Associates v. Spiegel Page 56098
Judgment unanimously reversed, on the law, without costs, and petition granted, in accordance with the following memorandum: Petitioner appeals from the dismissal of its CPLR article 78 proceeding to review a determination of the Pittsford Town Board disapproving petitioner’s preliminary site plan for the proposed…
Propis v. Fireman's Fund Insurance Page 56099
Order and judgment unanimously modified, on the law, and, as modified, affirmed without costs, in accordance with the following memorandum: Defendants are insurers under a "Life Underwriter’s Professional Liability” policy issued to Northwestern Mutual Life Insurance Company (Northwestern) to cover its life…
Engelder v. Williams Page 56100
Order dated September 19, 1984 unanimously affirmed, without costs.…
People v. Holmes Page 56101
Judgment unanimously affirmed. Memorandum: Proof of defendant’s conviction of a subsequent unrelated charge of criminal possession of a forged instrument was admissible to prove defendant’s knowledge of the forgery in the instant case (People v Molineux, 168 NY 264, 297-298; see also, People v Schwartzman, 24 NY2d…
People v. Lopez Page 56102
Judgment unanimously affirmed. Memorandum: Defendant appeals from a conviction, following a jury trial, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]) and criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]).…
Harwood v. State Page 56103
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Court of Claims for further proceedings, in accordance with the following memorandum: The State appeals from a judgment awarding claimants $37,052.36 for the appropriation for highway improvement of 1,386…
Ford v. Town of Cato Page 56104
Judgment unanimously affirmed, without costs, for reasons stated in opinion at Supreme Court, Corning, J.…
Kaszubowski v. State Page 56105
Judgment unanimously affirmed, without costs.…
Order and judgment unanimously affirmed, with costs.…
Nuss v. Pettibone Mercury Corp. Page 56107
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff was injured when a truck he was repairing fell on him due to an alleged defect in a forklift supporting the truck.…
Determination unanimously annulled, on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on this complaint, in accordance with the following memorandum: The Division’s failure to conduct a confrontation conference or…
Order unanimously affirmed, without costs.…
People v. Wilson Page 56110
Judgment unanimously affirmed. Memorandum: The identification of defendant, while he was waiting to testify before the Grand Jury, was inadvertent, was not occasioned by improper conduct on the part of law enforcement officials and did not violate his right to due process (see, People v Logan, 25 NY2d 184, 193, cert…
People v. Donegan Page 56111
Judgment unanimously affirmed. Memorandum: Defendant was convicted of selling quantities of cocaine and marihuana to an undercover police officer.…
People v. Tomassi Page 56112
Judgment unanimously affirmed. Memorandum: The findings of fact made by the suppression court are fully supported in the record and demonstrate that the police had probable cause to believe that defendant’s vehicle contained contraband.…
In re Ronald Maurice J. Page 56113
Order unanimously reversed, on the law, and petition dismissed, without costs.…
Lindbloom v. Lindbloom Page 56114
Order reversed, on the law, without costs, and application denied.…
Lathrop v. Village of Bath Page 56115
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The Home Energy Fair Practices Act (Public Service Law art 2) does not apply to municipalities that purchase their power from the New York State Power Authority.…
Determination unanimously confirmed and petition dismissed, without costs {see, State Div.…
Norstar Apartments, Inc. v. Town of Clay Page 56117
Order unanimously reversed, without costs, on the law and in the exercise of discretion, and motion granted.…
Driscoll v. Department of Fire Page 56118
Appeal unanimously dismissed, without costs.…
Sawyer v. Dreis & Krump Manufacturing Co. Page 56119
Judgment unanimously affirmed, with costs to plaintiff.…
Porter v. Smith Page 56120
Judgment, insofar as appealed from, unanimously reversed, on the law, in accordance with the following memorandum: The court erred in ordering that respondent’s records be amended to reflect 30 days’ confinement for petitioner, an inmate at Attica Correctional Facility, instead of the 60 days actually served.…
People v. Wright Page 56121
Judgment unanimously affirmed. Memorandum: On appeal from a judgment entered upon a jury verdict convicting defendant of forgery in the second degree (Penal Law § 170.10 [1]) and petit larceny (Penal Law § 155.25), defendant argues that the trial court erred in not charging forgery in the third degree (Penal Law §…
Determination unanimously confirmed and petition dismissed, without costs {see, State Div.…
Appeal unanimously dismissed, without costs.…
In re Jennifer Maria G. Page 56125
Order unanimously reversed, on the law and the facts, without costs, petition reinstated and matter remitted to Erie County Family Court for a new fact-finding hearing, in accordance with the following memorandum: Family Court erred in dismissing the petition at the *756close of petitioner’s case.…
Determination unanimously confirmed and petition dismissed, without costs (see, State Div.…
Kobel v. Martelli Page 56127
Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family *757Court for a hearing, in accordance with the following memorandum: While it was not an abuse of discretion to award counsel fees to petitioner based on the relative financial circumstances of the parties (see, Matter of…
Przewlocki v. City of Lackawanna Page 56128
Order unanimously affirmed, with costs. Memorandum: Plaintiff appeals from an order denying her motion to resettle a stipulation and order settling her action against defendant on the grounds that the stipulation was based on mistake and that defendant has not complied with the terms thereof.…
People v. Sturgis Page 56129
Judgment unanimously affirmed. Memorandum: Defendant was convicted of two counts of felony murder, one count of burglary, third degree, and two counts of petit larceny after a second jury trial (see, People v Sturgis, 86 AD2d 775).…
People v. Moore Page 56130
Judgment unanimously reversed, on the law, and new trial granted.…
People v. Ralston Page 56131
Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the following memorandum: Defendants appeal from convictions of multiple counts of first degree scheme to defraud (Penal…
People v. Stryzyz Page 56132
Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the same memorandum as in People v Ralston (112 AD2d 758).…
Case held, decision reserved and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: The trial of this paternity proceeding commenced on April 21, 1983, testimony was concluded on July 7, 1983, Family Court’s decision was rendered on October 14, 1983, and…
Mulvihill v. Mutual Benefit Life Insurance Page 56134
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred in denying defendant’s motion to examine certain non-party witnesses pursuant to CPLR 3101 (a) (4) on issues raised by defendant’s answer to plaintiffs suit as beneficiary…
Scollo v. Martin Page 56135
Order affirmed, without costs. Memorandum: In this negligence action in which plaintiff seeks to recover damages for personal injuries suffered in an automobile accident, defendants moved for summary judgment dismissing the complaint alleging that plaintiff has failed to meet the threshold requirement of having…
Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed.…
Determination unanimously confirmed and petition dismissed, without costs.…
Doran & Associates, Inc. v. Envirogas, Inc. Page 56139
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: On September 10, 1973, an oil and gas lease of a 120-acre parcel of land in the Town of French Creek was granted by the owners to Oxford Associates (Oxford) for a 10-year term.…
Order unanimously modified, on the law, and, as modified, affirmed, with costs to appellants, in accordance with the following memorandum: Appellants are holders of junior mortgages on a property insured by Aetna Casualty & Surety Company (Aetna) and covered by a first mortgage given originally to Manufacturers and…
Marlowe v. E. I. DuPont deNemours & Co. Page 56141
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: On November 13, 1979, plaintiffs decedent, John R.…
Jones v. Simeone Page 56142
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Seneca County, for a new trial on the issue of damages, in accordance with the following memorandum: In this wrongful death action, the administrator of the estate of Robert V.…
Colligan v. Sumner Page 56143
In a medical malpractice action, plaintiffs appeal from an order of the Supreme Court, Nassau County (Meade, J.), dated January 26, 1984, which denied their motion to vacate the finding of a medical malpractice panel and direct a new hearing.…
Fiore v. MCT Construction Corp. Page 56144
In an action sounding in negligence and violation of the Labor Law to recover damages for personal injuries, etc., MCT Construction Corp. and Melville Industrial Associates (hereinafter MCT and Melville) appeal (1) from a judgment of the Supreme Court, Nassau County (Balletta, J.), dated February 23, 1984, which, upon…
Baron v. Home Insurance Page 56145
In an action to declare that the Home Insurance Company (Home) is obligated to defend and indemnify plaintiff pursuant to the provisions of an insurance policy, plaintiff appeals from an order of the Supreme Court, Rockland County (Dickinson, J.), dated May 10, 1983, which denied his motion for summary judgment on the…
Brooks v. Anderson Page 56147
In an action pursuant to RPAPL article 15 to determine ownership of certain real property located in the Town of Dover, Dutchess County, defendant Anderson appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Dutchess County (Rosenblatt, J.), entered February 9, 1984, as granted that…
In an action pursuant to Lien Law article 3-A, in which an interlocutory judgment requiring defendants to account for certain mortgage proceeds had been previously entered, plaintiffs appeal from an order of the Supreme Court, Nassau County *396(Modugno, J.H.O.), entered October 18, 1984, which, after a hearing…
Carter v. Country Wide Insurance Page 56149
In an action to recover damages based on an alleged breach of an insurance contract, defendant appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated May 1, 1984, which granted plaintiff’s motion for leave to serve an amended complaint.…
D'Andria v. County of Suffolk Page 56150
In an action to recover damages for personal injuries sustained by infant plaintiff Kenneth T.…
Fleming v. Allstate Insurance Page 56151
In an action to recover damages based on an alleged breach of an insurance contract, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Orgera, J.), dated December 22, 1983, as granted that branch of plaintiffs’ mo*400tion which was to vacate items Nos. 6 and 8…
Hylick v. Halweil Page 56152
In an action to recover damages allegedly resulting from medical malpractice and lack of informed consent, plaintiff appeals from a judgment of the Supreme Court, Orange County (Donovan, J.), entered December 9, 1983, which dismissed the complaint at the close of her case, on the ground of failure to present a prima…
Jacobs v. Patterson Page 56153
In an action to recover money allegedly due under a separation agreement, plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (Felig, J.), dated September 7, 1984, as denied her motion for summary judgment except insofar as she was awarded judgment for…
Proceeding pursuant to Executive Law § 298 to review an order of the State Human Rights Appeal Board, dated December 30, 1983, which (1) vacated a determination of the State Division of Human Rights dated June 15, 1982, dismissing, after an investigation and upon a finding of no probable cause, the complainant’s…
Maida v. Maida Page 56155
In a matrimonial action, plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 15, 1983, which, inter alia, dismissed her cause of action for divorce.…
In a negligence action to recover damages for personal injuries, etc., the defendants Carol Studios, Inc., and 158 Broadway Realty appeal from an order of the Supreme Court, Kings County (Hurowitz, J.), dated July 26, 1984, which denied their respective motions to dismiss the complaint as to them for failure to…
Mid-Island Shopping Plaza Co. v. Cutler Page 56157
In an action to recover rent on a written guarantee of a lease, plaintiff landlord appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated January 10, 1984, which denied its motion for summary judgment and further denied its motion to dismiss the fourth-party complaint of Carol Jewelers of…
Nassau Insurance v. Manzione Page 56158
In a declaratory judgment action, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), entered March 21, 1984, which, inter alia, declared that the plaintiff insurance company was not obligated to defend or indemnify defendant Louis A.…
Nelson v. Great Atlantic & Pacific Tea Co. Page 56159
In an action to recover damages, inter alia, for breach of a lease, plaintiffs appeal from an order of the Supreme Court, Rockland County (Stolarik, J.), entered May 25, 1984, which dismissed the complaint on the grounds of a defense based on documentary evidence and that the complaint failed to state a cause of…
Rodney v. New York Pyrotechnic Products Co. Page 56160
In an action to recover damages for personal injuries, etc., (1) the third-party defendant Town of Brookhaven appeals (a) from an order of the Supreme Court, Suffolk County (Stark, J.), dated January 9, 1984, which granted plaintiffs’ motion for leave to reargue the town’s application pursuant to CPLR 3216 to dismiss…
Sabhlok v. Dana Page 56161
In an action for rescission of a contract, inter alia, for the sale of two businesses, plaintiff appeals from so much of a judgment of the Supreme Court, Westchester County (Dickinson, J.), dated July 25, 1984, as, after a nonjury trial, dismissed his complaint and directed him to abide by the terms of the contract.…
Seafarer Fiberglass Yachts, Inc. v. Chelius Page 56162
In a proceeding pursuant to CPLR 7510 to confirm an arbitrator’s award, and in an action to recover possession of personal property and damages for conversion, the appeal is from an order of the Supreme Court, Suffolk County (Under*413wood, J.), dated August 8, 1983, which directed appellants Brian Acworth and…
Village of Pelham Manor v. Crea Page 56163
In an action to enjoin defendant from keeping pigeons on her property in an alleged violation of the applicable zoning ordinance, plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered August 1, 1984, which denied its application for a preliminary injunction.…
Weaver v. State Page 56164
In a proceeding for leave to file a late claim against the State of New York, the appeal is from an order of the Court of Claims (Lengyel, J.), dated March 1, 1984, which denied the claimant’s motion to renew a prior application for leave to file a late claim which had been denied by order of the Court of Claims dated…
White v. Smith Page 56165
In an action, inter alia, for specific performance of a written contract of sale, and in a summary holdover proceeding pursuant to RPAPL article 7, the appeal is from an order *419of the Supreme Court, Nassau County (Widlitz, J.), entered October 16, 1984, which granted respondents’ motion for reargument and, upon…
Williams v. Coren Page 56166
In a medical malpractice action, defendant Coren appeals (1) from an order of the Supreme Court, Nassa County (Levitt, J.), dated March 20, 1984, which denied his motion to strike the complaint for plaintiff’s failure to comply with certain disclosure proceedings, and (2) as limited by his brief, from so much of an…
Yacht Shares, Ltd. v. Knutson's Marina, Inc. Page 56167
In a proceeding to prosecute for criminal contempt pursuant to Judiciary Law § 750, Knutson’s Marina, Inc., and Thomas Knutson appeal from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 12, 1983 as found them guilty of civil contempt and directed that they pay certain fines and…
Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated January 30, 1984, which determined that there was no probable cause to believe that the respondent had engaged in an unlawful discriminatory practice.…
De Nicola v. Scarpelli Page 56169
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Incorporated Village of New Hyde Park, which, after a hearing, imposed certain conditions upon the granting of petitioner’s application for a special use permit, the appeal is from a judgment of the…
Gas City, Inc. v. Zoning Board of Appeals Page 56170
In a proceeding pursuant to CPLR article 78 to review a determination of respondent Zoning Board of Appeals of the Town of LaGrange (board) dated February 6, 1984, which affirmed a determination of the Zoning Administrator of respondent Town of LaGrange (town) denying a building *423permit application to petitioner…
General Accident Insurance v. Fitzgerald Page 56171
In a proceeding for a permanent stay of arbitration pursuant to CPLR 7503, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County (DeLuca, J.), dated July 23, 1984, as dismissed the proceeding.…
Gunzberg v. Art-Lloyd Metal Products Corp. Page 56172
In a proceeding pursuant to Business Corporation Law § 1104-a seeking a judicial dissolution of a closely held corporation, Art-Lloyd Metal Products Corp. appeals from a judgment of the Supreme Court, Kings County (Hirsch, J.), dated July 27, 1984, which *424ordered the dissolution of the corporation unless it or any…
In re Leighton H. Page 56173
In a proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Gilman, J.), dated April 30, 1984, which, upon a fact-finding order dated March 12, 1984, made after a hearing, finding that appellant had committed an act which, if committed by an…
Proceeding pursuant to CPLR article 78 to review a determination of the respondent County of Suffolk Department of Health Services, dated August 27, 1982, which, after a hearing, found petitioners guilty of charges relating to violations of the Suffolk County Sanitary Code and of an order on consent, imposed a penalty…
In a proceeding pursuant to CPLR article 78 to compel the appellants to permit petitioners to use an auditorium in Kennedy Memorial Park for the regular monthly *429meetings of the Hempstead Democratic Club, the appeal is from a judgment of the Supreme Court, Nassau County (Bur-stein, J.), entered July 6, 1984, which…
Kircher v. Perales Page 56176
Proceeding pursuant to CPLR article 78 to review so much of a determination of the Commissioner of the New York State Department of Social Services dated November 12, 1982 as affirmed so much of a determination of the local agency as denied an application for Medicaid benefits for petitioner’s family.…
People v. Shortridge Page 56204
Upon remittitur *692from the Court of Appeals, judgment unanimously affirmed.…
In re Nathaniel T. Page 56205
Order reversed, on the law and facts, without costs, petition dismissed and matter remitted to Monroe County Family Court for further proceedings, in accordance with the following memorandum: Upon our review of the record, we do not find that petitioner established by clear and convincing evidence that respondents…
In re Nathaniel T. Page 56206
Appeal unanimously dismissed as moot, without costs (see, mem in Matter of Nathaniel T., 112 AD2d 692).…
Kenny T. v. Richardson Page 56207
Order unanimously affirmed, without costs (see, mem in Matter of Nathaniel T., 112 AD2d 692).…
Upon reargument, judgment modified, on the law, to declare Ordinance 82-450 constitutional and, as modified, affirmed, without costs.…
People v. Lewis Page 56209
Judgment unanimously affirmed. Memorandum: Defendant’s conviction of sexual abuse in the first degree was legally permissible, based on proof that he bit complainant’s breasts by forcible compulsion, even though the jury acquitted him of rape and sodomy charges involving conduct during the same incident (Penal Law §…
People v. Stallings Page 56210
Judgment unanimously affirmed. Memorandum: The jury convicted defendant of rape in the first degree and petit larceny.…
In re William Dwayne B. Page 56211
Order unanimously affirmed, without costs.…
Popick v. Jonas Page 56212
Order, unanimously reversed, on the law, with costs and motion granted.…
Servatius v. Town of Verona Page 56213
Judgment unanimously affirmed, without costs.…
Siver v. City of Rochester Page 56214
Order and amended order, insofar as appealed from, unanimously reversed, on the law, without costs, and application denied, in accordance with the following memorandum: Special Term erred in directing respondent to provide petitioner with certain preaction discovery pursuant to CPLR 3102 (c).…
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff and defendant entered into a written contract of employment under which plaintiff was hired as defendant’s executive director.…
Baker Hall, Inc. v. County of Wayne Page 56216
Judgment unanimously affirmed, with costs.…
Pennsylvania General Insurance v. Kielon Page 56217
Order unanimously af*710firmed, without costs.…
Determination unanimously confirmed and petition dismissed, without costs.…
People v. Grimes Page 56219
Judgment unanimously affirmed. Memorandum: On appeal from his conviction after a jury trial of two counts of robbery, second degree, defendant contends that the admission of testimony as to a prior photographic identification constitutes reversible error.…
People v. Minley Page 56220
Judgment affirmed. Memorandum: Defendant was convicted, after a jury trial, of felony murder, robbery, first degree, and robbery, second degree.…
Anthony L. Jordan Health Corp. v. Axelrod Page 56221
Judgment unanimously affirmed, with costs (see, Hurlbut v Whalen, 58 AD2d 311, Iv denied 43 NY2d 643).…
Scott v. Prudential Insurance Co. of America Page 56222
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this proposed class action, plaintiff, on behalf of herself and similarly situated weekly premium industrial insurance policyholders, seeks to recover a refund of a portion of the…
Murray v. LeRoy Central School District Page 56223
I disagree that no notice of claim was ever presented.…
Pordum v. State Page 56224
Judgment affirmed, without costs. Memorandum: We find that the Commissioner of Education had sufficient authority under Education Law §§ 308, 305 (7) to direct the City of Lackawanna Board of Education not to reinstate petitioner until the hearing concerning his fitness to possess a teaching certificate had been…
Expressway Village, Inc. v. Brearly Page 56225
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance *719with the following memorandum: Although the NiagaraWheatfield Central School District had no right to intervene in this tax certiorari proceeding (see, Vantage Petroleum v Board of Assessment Review, 91 AD2d 1037, affd…
Order unanimously affirmed, with costs. Memorandum: Special Term properly dismissed the counterclaim interposed by defendants CIS Leasing Corp. and CIS Equipment Leasing Corp. (CIS) against International Playtex, Inc. (Playtex) and The First National Bank of Chicago (Bank).…
Miller v. Bitterman Page 56227
Order unanimously affirmed, without costs, for reasons stated at Special Term, Kasler, J.…
People ex rel. Mott v. Kalamanka Page 56228
Judgment unanimously affirmed. Memorandum: County Court annulled the determination made after a preliminary parole revocation hearing because relator was not afforded the right to be represented at the hearing by an attorney.…
People ex rel. Frisbie v. Hammock Page 56229
Judgment unanimously affirmed. Memorandum: Relator appeals from a judgment dismissing his petition for a writ of habeas corpus.…
People v. McDonald Page 56230
Judgment unanimously affirmed. Memorandum: The trial evidence was sufficient to convict defendant of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2).…
People v. Davis Page 56231
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of six counts of robbery in the first degree (Penal Law § 160.15 [3], [4]), two counts of *723burglary in the first degree (Penal Law § 140.30 [3], [4]), and one count of grand larceny in the second…
Order unanimously affirmed, without costs.…
Jaynes v. Jaynes Page 56233
Order unanimously affirmed, with costs, for the reasons stated in memorandum decision at Special Term, Fudeman, J.…
Order unanimously reversed, on the law, with costs, and plaintiff’s cross motion granted, in accordance with the following memorandum: Plaintiff appeals from an order which dismissed its complaint as against defendant, Village of LeRoy (Village) because of plaintiff’s failure to comply with the provisions of CPLR 9802…
Pawlak v. General Motors Corp. Page 56235
Order unanimously reversed, on the law, without costs, and motion denied.…
Determination unanimously confirmed, petition dismissed, without costs, and stay vacated.…
Determination unanimously annulled, on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on the complaint in accordance with memorandum: In this proceeding pursuant to Executive Law § 298, petitioner seeks to annul the…
Order affirmed with costs. All concur, Callahan, J., not participating.…
Judgment unanimously affirmed, with costs, on the decision at Trial Term, Stone, J.…
People v. Borzelleri Page 56240
Judgment unanimously modified, on the law and as a matter of discretion in the interest of justice, and, as modified, affirmed, in accordance with the following memorandum: In the exercise of discretion we modify the sentence appealed from to provide that it be concurrent with the consecutive sentences defendant is…
Majkowski v. Kulpa Page 56241
Order unanimously affirmed, with costs. Memorandum: The only issue raised by petitioner is whether Family Court erred in refusing to terminate support for his daughter prior to her attaining the age of 21.…
People v. Burnice Page 56242
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered November 10, 1983, upon a verdict convicting defendant of the crime of grand larceny in the third degree.…
People v. Dayter Page 56243
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered February 24, 1984, upon a verdict convicting defendant of the crime of attempted rape in the first degree.…
People v. Turner Page 56244
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered April 20, 1984, which revoked defendant’s probation and imposed a sentence of imprisonment.…
People v. Sanders Page 56245
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered January 25, 1984, upon a verdict convicting defendant of two counts of the crime of promoting prostitution in the second degree.…
People v. Hudson Page 56246
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered November 3, 1983, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the second degree.…
Hill v. County of Chemung Page 56247
Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered March 26, 1984 in Chemung County, which denied petitioners’ application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.…
Lucille Farm Products, Inc. v. Barber Page 56248
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term entered in Albany County) to annul a determination of respondent Commissioner of Agriculture and Markets which ordered that petitioner’s milk dealer’s license be revoked unless it made certain payments to a…
Denton Publications, Inc. v. Lilledahl Page 56249
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered September 14, 1984 in Essex County, which granted plaintiff’s motion for summary judgment.…
Hage v. Hage Page 56250
Cross appeals from a judgment of the Supreme Court granting plaintiff a divorce, entered March 6, 1984 in Otsego County, upon a decision of the court at Trial Term (Harlem, J.), without a jury.…
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered August 17, 1984 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.…
Bytner v. Capital Newspaper Page 56252
Cross appeals from an order of the Supreme Court at Special Term (Cholakis, J.), entered September 18, 1984 in Albany County, which partially granted defendants’ motion for summary judgment dismissing the complaint.…
La Fave v. McDonald Page 56253
Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered April 30, 1984 in Saratoga County, which denied plaintiffs motion to compel disclosure.…
Sanchez v. Coughlin Page 56255
Appeal, in proceeding No. 1, from a judgment of the Supreme Court at Special Term (Williams, J.), entered May 7, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to exhaust administrative remedies.…
Appeal from an order of the Family Court of Albany County (Cheeseman, J.), entered May 8, 1984, which directed that respondent submit to a human leucocyte antigen blood-grouping test pursuant to Family Court Act § 532 (a).…
Reeder v. Warner Page 56257
Appeals (1) from an order of the Supreme Court at Special Term (Conway, J.), entered February 5, 1985 in Columbia County, which, inter alia, denied plaintiffs motion for partial summary judgment, and (2) from an order of said court, entered April 10, 1985 in Columbia County, which ordered plaintiff to post an…
Agard v. Spagnoletti Page 56258
Appeal from an order of the Family Court of Broome County (Monserrate, J.), entered November 15, 1984, which awarded plaintiff $200 per week for support of the parties’ children following plaintiff’s remarriage.…
State Communities Aid Ass'n v. Regan Page 56259
Cross appeals from an order and judgment of the Supreme Court at Special Term (Connor, J.), entered January 7, 1985 in Albany County, which, inter alia, granted plaintiffs’ motion for summary judgment and denied plaintiffs’ application for costs, including counsel fees.…
Uzenski v. Nadel Page 56260
Appeal (transferred to this court by order of the Appellate Division, First Department) from a judgment of the Supreme Court at Special Term (Sherman, J.), entered March 14, 1984 in New York County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to (1) reinstate the position of…
People ex rel. Deschamps v. Knowlton Page 56262
Appeal from an order of the County Court of St. Lawrence County (Nelson, J.), entered March 12, 1985, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.…
Proceeding pursuant to Executive Law § 298 to review an order of the Commissioner of the State Division of Human Rights, dated July 19, 1983, which, after a hearing, found, *303inter alia, that Energy Expo, Inc., and Arthur Stabbe discriminated against complainant because of her sex, in the terms, conditions or…
Hrouda v. Winne Page 56264
In a paternity proceeding, pursuant to Family Court Act article 5, petitioner appeals from an order of the Family Court, Westchester County (Bellantoni, J.), dated June 13, 1984, which denied his motion (1), in effect, to vacate a prior order of paternity of the same court, dated August 14, 1972, (2) to direct that…
Joslyn v. Santaella Page 56265
Proceedings pursuant to Executive Law § 298 to review two determinations of the State Division of Human Rights, dated June 29, 1983 and October 21, 1983, respectively, which found no probable cause to believe that respondent New York City Health and Hospitals Corporation engaged in unlawful discriminatory practices.…
In re Lydia K. Page 56266
In a child protective proceeding pursuant to Family Court Act article 10, the appeal is from an order of disposition of the Family Court, Queens County (Fogarty, J.), dated May 7, 1984, which, upon a fact-finding determination of the same court, made after a hearing, adjudged the child to be abused and ordered her…
In re United Parcel Service, Inc. Page 56267
Proceedings pursuant to Executive Law § 298 to review (1) an order of the Commissioner of the New York State Division of Human Rights, dated July 12, 1983, which, inter alia, (a) held that complainant suffered from a disability within the meaning of Executive Law § 292 (21) which required him to grow a beard but did…
People v. Adorno Page 56268
Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rotker, J.), dated February 10, 1984, as granted that branch of defendant’s omnibus motion which was to dismiss the count of the indictment charging murder in the second degree, in violation of Penal Law §…
People v. Anderson Page 56269
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered January 13, 1981, convicting him of robbery in the second degree, grand larceny in the third degree, criminal possession of stolen property in the second degree and criminal possession of stolen property in the third degree…
People v. Boucher Page 56270
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ryan, J.), rendered March 9, 1979, convicting him of criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.…
People v. Davis Page 56271
Appeal by defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered October 20, 1983, 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. Dickson Page 56272
Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered November 11, 1983, convicting him of rape in the first degree, sodomy in the first degree (two counts), rape in the second degree, sodomy in the second degree (two counts), and sexual abuse in the first degree, upon a jury…
People v. Frazer Page 56273
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered November 22, 1983, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.…
People v. Herrara Page 56274
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered July 13, 1984, convicting him of criminal sale of a controlled substance in the first degree and conspiracy in the second degree, upon a jury verdict, and imposing sentence.…
People v. Hines Page 56275
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brown, J.), rendered May 15, 1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Hooper Page 56276
Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered August 25, 1983, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to concurrent indeterminate terms of from 12 1/2 to 25…
People v. Iodice Page 56277
Appeal by defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered March 1, 1984, convicting him of criminal possession of stolen property in the first degree and unlawful possession of a vehicle identification number plate, upon a jury verdict, and imposing sentence.…
People v. Kemp Page 56278
Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered December 4, 1980, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Knowles Page 56279
Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 22, 1982, convicting him of criminal possession of a controlled substance in the fourth degree, criminal possession of a weapon in the third degree, criminally possessing a hypodermic instrument, and criminally using…
People v. Latella Page 56280
Appeal by the People from an order of the Supreme Court, Westchester County (Rosato, J.), entered April 26, 1985, which granted defendant’s motion pursuant to CPL 440.10 (1) (g) to vacate a judgment of the same court (Ritter, J.), rendered June 5, 1984, convicting him of criminal possession of a weapon in the third…
People v. Latella Page 56281
Appeal by defendant from a judgment of the County Court, Westchester County (Ritter, J.), rendered June 5, 1984, convicting him of criminal possession of stolen property in the second degree and driving a motor vehicle while in an intoxicated condition, upon his plea of guilty, and imposing sentence.…
People v. Merritt Page 56282
Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered November 30, 1983, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.…
People v. Perez Page 56283
Appeal by defendant from a judgment of the Supreme Court, Kings County (Felig, J.), rendered November 21, 1979, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Pica Page 56284
Appeal by defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered November 16, 1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Ramirez Page 56285
Appeal by defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered July 12, 1982, convicting him of murder in the second degree, manslaughter in the first degree, attempted robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and…
People v. Rios Page 56286
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered April 14, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Rivera Page 56287
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered July 25, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Savona Page 56288
Appeal by the People from an order of the County Court, Orange County (Nicolai, J.), dated October 7, 1983, which, after a hearing, granted defendants’ motion to suppress physical evidence found in the trunk of a car, on the ground that there was no probable cause for the search of the car.…
People v. Sinclair Page 56289
Appeals by defendants from two judgments (one as to each of them) of *332the County Court, Westchester County (Martin, J.), both rendered March 2, 1981, convicting each of them of a total of 16 counts of robbery, larceny and possession of stolen property in various degrees, upon jury verdicts, and imposing sentences.…
People v. Streeter Page 56290
Appeal by the People from an order of the Supreme Court, Queens County (Farlo, J.), dated June 20, 1983, which granted defendants’ motion pursuant to CPL 330.30 to set aside jury verdicts finding them guilty of criminal facilitation in the fourth degree, and to dismiss the indictment on the ground that the crime of…
People v. Stuart Page 56291
Appeal by defendant from a judgment of the Supreme Court, Kings County (Held, J.), rendered May 25, 1982, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.…
In two habeas corpus proceedings, petitioner appeals from (1) an order of the Supreme Court, Queens County (Rotker, J.), dated April 23, 1984, which transferred a previously ordered evidentiary hearing to the Board of Parole to be incorporated in a final parole revocation hearing and (2) an order of the same court…
In re Gottlieb Page 56293
Motion by respondent, pursuant to rule 691.13 of this court (22 NYCRR), to suspend Jack Gottlieb, an attorney admitted to practice in this court on October 25, 1950 under the name Jacob Gottlieb, from the practice of law on the ground that the respondent is incapacitated by reason of a drug addiction problem (cocaine).…
This CPLR article 78 proceeding was transferred to this court by order of the Supreme Court, New York County (Shorter, J.), entered July 13, 1984, pursuant to CPLR 7804 (g).…
Judgment, Supreme Court, New York County (Richard W.…
People v. Gonzalez-Ruiz Page 56296
Judgment of the Supreme Court, Bronx County (Frank J.…
Orneika J. v. Harriet J. Page 56297
Order, Family Court, Bronx County (Marks, J.), entered August 5, 1983, which terminated respondent-appellant’s rights to the custody of her daughter, Orneika J., and committed the child’s custody and guardianship to petitioner for purposes of adoption, unanimously reversed, on the law, without costs or disbursements…
Schiavone Construction Co. v. McGough Page 56298
Order of the Supreme Court, New York County (Leonard Cohen, J.), entered May 8, 1984, denying municipal respondent’s motion to dismiss the proceeding, and which converted this CPLR article 78 proceeding into an action for a declaratory judgment, unanimously reversed, on the law, without costs, the conversion of the…
Gassman v. Salzman Page 56299
Judgment, Supreme Court, New York County (Oreste Maresca, J.), entered March 14, 1984, after a nonjury trial, which, inter alia: (1) dismissed the complaint, and (2) awarded defendant the sum of $5,760 in satisfaction of his counterclaims, is reversed, on the law and the facts, judgment is vacated, the complaint is…
Order, Supreme Court, New York County (Shorter, J.), entered on or about January 7, 1985, granting plaintiff’s motion for reargument and, upon reargument, adhering to the court’s original determination denying plaintiffs motion for leave to serve a late notice of claim, unanimously modified, on the law and the facts…
Honeywell v. City of New York Page 56301
Motion granted to the extent only of resettling the order of this court entered on April 30, 1985 (108 AD2d 125) so as to include therein our affirmance of the order of Trial Term, Part 14A (Kaplan, J.), entered on or about November 28, 1983, which dismissed the counterclaims of the defendant City of New York.…
In re Langberg Page 56302
Petition granted to the extent of referring the matter to.…
In re Mirrer Page 56303
Petition seeking expeditious nullification of a felony conviction and all other criminal charges against petitioner and reinstatement as an attorney and counselor-at-law in the State of New York denied.…
In re Anonymous II Page 56304
Petitioner will be admitted to the Bar in the State of New York upon taking the appropriate oath.…
In re Cally Page 56349
Respondent suspended from practice as an attorney and counselor-at-law in the State of New York and, within 30 days from the date of this court’s order, directed to show cause why a final order of suspension or removal from office should not be made, all as indicated in the order of this court.…
Simpson v. New York City Transit Authority Page 56350
Order, Supreme Court, New York County (Greenfield, J.), entered April 5, 1984, denying third-party plaintiff Wilson Lowery’s motion for partial summary judgment and denying third-party defendants’ cross motions for summary judgment, unanimously modified, on the law, defendants’ motions granted, and all claims brought…
Appeal from an order and judgment (one paper) of the Supreme Court, New York County (Alfred Ascione, J.), entered on February 15, 1984, unanimously held in abeyance pending the substitution for deceased petitioner of her personal representative.…
People v. Grubbs Page 56361
Judgment, Supreme Court, New York County (Leif, J., at jury trial and sentence), rendered on or about September 11, 1984, convicting defendant of the crimes of attempted sodomy in the first degree and sexual abuse in the first degree, reversed, on the law, and a new trial ordered.…
People v. Bentley Page 56362
Judgment, Supreme Court, Bronx County (Daniel J.…
J. R. Stevenson Corp. v. Dormitory Authority Page 56363
Order, Supreme Court, New York County (Wright, J.), entered September 27, 1984, granting Kidde’s motion for a default judgment against Skidmore on Kidde’s counterclaims in action No. 4 and denying Skidmore’s cross motion for an order compelling Kidde to accept service of its reply and dismissing said counterclaims…
People ex rel. Sassower v. Cunningham Page 56364
Application by petitioner Polur for a writ of habeas corpus pursuant to CPLR 7002 (b) (2), dismissed, without costs.…
People ex rel. Sassower v. Cunningham Page 56365
Petition for writ of habeas corpus seeking release of George Sassower denied, without costs.…
People ex rel. Lombardi v. LeFevre Page 56366
Application, pursuant to CPLR 7002 (b) (2) for writ of habeas corpus denied.…
Burns v. Coughlin Page 56367
Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner’s application for an order to show cause to commence a proceeding pursuant to CPLR article 78 challenging respondents’ practice of debiting the account of an inmate in order to recover…
Smith v. Snipe Page 56368
Motion for permission to appeal to the Court of Appeals granted, without costs.…
Adams v. County of Rensselaer Page 56369
Motion for permission to appeal to the Court of Appeals granted, without costs.…
Order of the Supreme Court, Nassau County, dated February 17, 1984, affirmed, with costs, for the reasons stated by Justice Harwood at Special Term.…
Austin v. Coastal Industries, Inc. Page 56406
In an action to recover damages for personal injuries, defendants Coastal Industries, Inc., and Coastal Chemical Company, a division of Coastal Industries, Inc., appeal from so much of an order of the Supreme Court, Orange County (Colabella, J.), dated January 3, 1983, as granted those branches of plaintiff’s motion…
Bell v. Perrino Page 56407
In an action to recover damages for personal injuries, etc., (1) defendant Deluxe Radio Taxi, Inc., appeals from so much of an order of the Supreme Court, Westchester County (Gagliardi, J.), entered February 29, 1984, as denied its cross motion for summary judgment dismissing plaintiffs’ complaint and any cross claims…
Bovsun v. Sanperi Page 56408
In an action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated July 10, 1984, which denied their motions for (1) an order compelling plaintiffs to submit to further examinations before trial, and (2) an order vacating plaintiffs’…
Brandeis v. Joy Page 56409
In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Rent and Housing Maintenance dated July 1, 1983, which denied petitioner Estelle Brandéis’ application for the issuance of a certificate of eviction, the commissioner and intervenors Peter and Rose Renda appeal from a judgment…
Burger v. Bladt Page 56410
In an action to recover damages for personal injuries, etc., defendant appeals from so much of an order of the Supreme Court, Orange County (Ferraro, J.), dated April 23, 1984, as denied those branches of his motion which were to compel a three-session examination of the infant plaintiff by defendant’s physicians and…
Busti v. City of New York Page 56411
Order of the Supreme Court, Kings County, dated July 24, 1984, affirmed, with costs, for reasons stated in the memorandum decision of Justice Greenstein at Trial Term.…
Chizner v. Bernstein Page 56412
In an action to recover on a promissory note, commenced by motion for summary judgment in lieu of complaint, the appeal is from a judgment of the Supreme Court, Nassau County (Kelly, J.), entered August 17, 1984, which was in favor of the plaintiff.…
Cranford v. Cranford Page 56413
In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of an order of *130the Supreme Court, Kings County (Imperato, R.), dated February 15, 1984, as (1) granted defendant wife’s motion for leave to enter judgment for arrears in alimony in the sum of $2,910 which accrued for the…
Christ v. New York City Transit Authority Page 56414
Proceeding pursuant to CPLR article 78 to review a determination of respondent dated January 31, 1984, which, after a hearing, sustained certain disciplinary charges which had been preferred against petitioner and ordered his dismissal from the New York City Transit Authority Police Department.…
In a proceeding pursuant to Real Property Tax Law article 7, the petitioner appeals from a judgment of the Supreme Court, Putnam County (Burchell, J.), dated June 14, 1984, which dismissed the petition.…
Di Maggio v. Kennedy Page 56416
In a negligence action to recover damages for personal injuries, etc., defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated August 16, 1984, as granted the plaintiffs leave to serve and file a late jury demand.…
In an action to recover a real estate brokerage commission, defendant appeals from a judgment of the Supreme Court, Nassau County (Harwood, J.), entered June 14, 1983, upon a jury verdict, awarding plaintiff the principal sum of $61,250.…
Dramer v. College Entrance Examination Board Page 56418
In an action for a declaratory judgment, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Balletta, J.), dated January 26, 1984, which granted the defendants’ motions for summary judgment dismissing the complaint, and denied plaintiff’s cross motion for summary judgment, declaring that plaintiff…
Emblem v. Juras Page 56419
In an action to declare void an agreement dated December 10, 1974, between the residuary lega*135tees of an estate allowing defendant to reside in certain premises on stated conditions, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kelly, J.), entered…
Fazio v. Loweth Page 56420
In an action to enforce a promissory note, plaintiff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated July 3, 1984, which denied his motion for summary judgment in lieu of a complaint and directed that a complaint be served.…
Ferrari v. Barleo Homes, Inc. Page 56421
In an action to recover actual and punitive damages for breach of a construction contract, breach of express and implied warranties, and fraudulent inducement to enter into the contract, and for an award of attorney’s fees, plaintiffs appeal from so much of a judgment of the Supreme Court, Orange County (Ritter, J.)…
Flood v. Skates Page 56422
Order of the Supreme Court, Kings County, dated January 10, 1984, affirmed insofar as appealed from, with costs, for reasons stated by Justice Hirsch at Special Term.…
Gaglia v. Wells Page 56423
In an action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 28, 1984, as denied those branches of her motion which sought an order directing defendant Wells to (1) furnish her with…
German v. Swendsen Page 56424
In an action to recover damages for personal injuries, etc., defendant R.…
In a proceeding pursuant to CPLR article 78 to review a determination of respondent, made June 20, 1983, granting various area variances, the appeal is from a judgment of the Supreme Court, Orange County (Rubenfeld, J.), dated September 27, 1983, which dismissed the proceeding.…
Greene v. Lee Page 56426
In an action to recover damages for personal injuries, plaintiff appeals from so much of an order of the Supreme Court, Dutchess County (Burchell, J.), dated February 21, 1984, as granted that branch of respondent’s motion as sought an order directing plaintiff to provide respondent with (1) "any photographs in…
Holmes v. Holmes Page 56427
In an action to enforce the support provision of a judgment of divorce, the defendant husband appeals from so much of an order of the Supreme Court, Orange County *142(Nastasi, J.), entered August 31, 1984, as denied his cross motion to dismiss the action.…
Koch v. St. Francis Hospital Page 56428
In a medical malpractice action, (1) defendants St. Francis Hospital, Thylvalikakath Paul, Lynndey Cook, Thomas Loach and Paul Kolker appeal from an order of the Supreme Court, Nassau County (Becker, J.), entered May 9, 1985, which (a) granted plaintiffs’ motion for leave to serve amended bills of particulars, (b)…
In an action to recover damages for unfair competition and unfair trade practices, and for injunctive relief, defendants Eastern Laboratories, Ltd., Norelle Associates, Inc., Amiya K.…
Lisec v. Abrams Page 56430
In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated November 3, 1983, which granted defendant City Limits Bar’s motion to the extent of precluding him from offering any testimony of Drs.…
Magnus Drugs, Inc. v. City of New York Page 56431
In an action to recover the balance allegedly due for pharmaceuticals and medical supplies provided to alleged Medicaid eligibles under the New York City Medical Assistance Program, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated November 18, 1983, which denied (1) its motion…
Mangieri v. Juskowitz Page 56432
In a medical malpractice action, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Marbach, J.), dated September 3, 1984, as granted defendant Juskowitz’s motion to reargue a prior order of said court dated June 20, 1984, and, upon reargument, vacated said…
Moore v. Moore Page 56433
*149In a matrimonial action, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Reed, J.), dated September 10, 1984, as (1) on the defendant wife’s motion for pendente lite relief, directed plaintiff to pay (a) $300 per week as temporary child…
Moser v. Moser Page 56434
In an action to restrain the plaintiff mother from removing the children of the parties from the State of New York, she appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Imperato, R.), dated August 28, 1984, as restrained her from taking the children outside the State…
Paone v. Tryon Page 56435
In an automobile negligence action to recover damages for property damage and personal injuries, defendant Dewey Tryon appeals from an order of the *150Supreme Court, Suffolk County (Vitale, J.), dated December 30, 1983, which denied his motion to dismiss the complaint as to him as barred by the Statute of Limitations.…
Rechenberger v. Nassau County Medical Center Page 56436
In a proceeding for leave to serve a late notice of claim, petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Brucia, J.), dated January 26, 1984, as denied that branch of their motion which sought leave to serve a late notice of claim.…
Schaefer v. Long Island Railroad Page 56437
In a wrongful death action, defendant Long Island Railroad appeals (1) from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated February 1, 1984, which denied its motion for a change of venue and (2) from an order of the same court, dated March 16, 1984, which denied its motion for leave to "renew” and…
Schwartz v. Schwartz Page 56438
In an action for divorce, the defendant husband appeals (1) as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Morrison, J.), dated April 27, 1984, as granted the plaintiff wife’s motion for temporary maintenance in the sum of $2,000 per week, and (2) as limited by his notice of…
Seeds v. Seeds Page 56439
In a matrimonial action in which the defendant husband seeks an order, inter alia, (1) directing that the proceeds from the sale of the marital home be used to pay off certain listed joint debts; (2) directing that the plaintiff wife contrib*156ute rent for the period she solely occupied the marital home, and (3)…
In an action, inter alia, to enjoin an alleged violation of the Zoning Ordinance of the Town of Riverhead, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, (Snellenburg, J.), dated January 30, 1984, as granted a motion by defendant Suffolk County Department of Social Services to dismiss…
Yuelys v. Grigonis Page 56441
In a proceeding pursuant to CPLR article 78 to review a determination of the members of the Zoning Board of Appeals of the Town of Southhold which denied petitioner’s application for a variance, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Stark, J.), dated January 31, 1984, which dismissed…
Zaubler v. Picone Page 56442
In an action, inter alia, for dissolution of a partnership, defendant Picone appeals from (1) an order of the Supreme Court, Westchester County (Delaney, J.), entered October 10, 1984, which, inter alia, granted plaintiff’s motion for partial summary judgment and (2) a judgment of the same court dated October 24…
Bamberger v. New York State Liquor Authority Page 56443
Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated January 5, 1984, which adopted the findings of a hearing officer that the subject licensed premises has ceased to be operated as a bona fide premises within the contemplation of the license issued…
Appeal from so much of an order of the Family Court, Nassau County (Collins, J.), dated April 24, 1984, as fixed arrears for support owed by appellant to the Department of Social Services in the amount of $1,200.…
In re Kim H. Page 56445
Appeal from an order of disposition of the Family Court, Kings County (Quinones, J.), dated October 6, 1983, which, upon a fact-finding determination of the same court, made after a hearing, that appellant had committed acts which, if committed by an adult, would have constituted the crime of assault in the third…
In a proceeding pursuant to CPLR article 78 to review a determination of the Town Council of the Town of Southampton which denied petitioner Huntington Ready-Mix Concrete, Inc.’s application for a permit to excavate sand and gravel, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.)…
In a proceeding pursuant to CPLR article 75 to confirm an arbitrator’s award, the appeals are from (1) an order of the Supreme Court, Nassau County (Vitale, J.), dated October 6, 1983, which granted the petition to confirm and denied appellant’s cross petition to modify the arbitration award, and (2) a judgment of the…
Mangravite v. Allen Page 56448
In a proceeding pursuant to CPLR 78 to review a determination of the respondents to remove petitioner as Chairman of the North Haven Zoning Board of Appeals, the appeal is from a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated February 16, 1984, which dismissed the proceeding.…
New York Institute of Technology v. Tanen Page 56449
In consolidated proceedings pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of East Hills granting petitioner New York Institute of Technology’s application for an area variance, petitioners Jaffe appeal from stated portions of a judgment of the Supreme Court, Nassau County…
People v. Alburquerque Page 56450
Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered November 4, 1983, convicting him of burglary in the first degree, criminal possession of a weapon in the fourth degree, resisting arrest and menacing, upon a jury verdict, and sentencing him, as a second felony offender, to…
People v. Capella Page 56451
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered November 17, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Decesare Page 56452
Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered February 23, 1984, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.…
People v. Francis Page 56453
Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered June 25, 1980, convicting him of criminal possession of a weapon in the second degree, assault in the second degree, and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.…
People v. Hines Page 56454
Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered April 16, 1982, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.…
People v. Hutching Page 56455
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered November 1, 1982, convicting him of robbery in the first degree, robbery in the second degree, assault in the second degree, grand larceny in the third degree and criminal possession of a weapon in the fourth degree, upon a…
People v. King Page 56456
Appeal by defendant from a judg*170ment of the Supreme Court, Kings County (Kooper, J.), rendered November 2, 1981, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Kovarik Page 56457
Appeal by defendant from an amended judgment of the County Court, Suffolk County (Rohl, J.), rendered December 14, 1983, which, after a hearing, adjudicated him to be in violation of probation and imposed a sentence of imprisonment.…
People v. Lebedewicz Page 56458
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Rockland County (Meehan, J.), imposed October 1, 1984.…
People v. Lopez Page 56459
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.) rendered November 28, 1983, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Matos Page 56460
Appeal by defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered February 7, 1984, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Pearsall Page 56461
Appeal by defendant from two judgments of the Supreme Court, Richmond County (Owens, J.), each rendered February 23, 1982, convicting him of attempted murder in the second degree and assault in the first degree (two counts), upon jury verdicts, and imposing sentences.…
People v. Peterson Page 56462
Appeal by defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered July 5, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Shaw Page 56463
Judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered October 1, 1980, affirmed (People v Hood, 62 NY2d 863; People v Harris, 61 NY2d 9; People v Pellegrino, 60 NY2d 636; People v Iannone, 45 NY2d 589).…
People v. Simmons Page 56464
Appeal by defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered June 29, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Smalls Page 56465
Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered December 22, 1983, convicting him of burglary in the first degree, assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
People v. Walton Page 56466
Appeal by defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered November 17, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.…
People v. Williams Page 56468
Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered April 12, 1984, convicting him of assault in the second degree (two counts), and assault in the third degree, after a nonjury trial, and imposing sentence.…
People v. Williams Page 56469
Appeal by defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered April 15, 1981, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Wright Page 56470
Appeal by defendant from a judgment of the County Court, Suffolk County (Parenti, J.), rendered February 17, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Young Page 56471
Appeal by defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered August 26, 1983, convicting him of burglary in the second degree, grand larceny in the third degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.…
Adamowicz v. Adamowicz Page 56473
In an action, inter alia, for dissolution of a partnership, defendants appeal from so much of an interlocutory judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated December 22, 1983, as, among other things, granted the plaintiff’s motion for partial summary *335judgment directing the dissolution of the…
Adams v. Hoffman Page 56474
In an action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Ruskin, J.), entered January 17, 1984, which, inter alia, granted defendant CNA Insurance Company’s motion to vacate its default in answering, on condition that said defendant pay to…
Two orders of the Supreme Court, Westchester County, both entered February 17, 1984, affirmed, with one bill of costs payable by appellant to the Nestle Company, Inc. for reasons stated by Justice Kelly at Special Term.…
In an action, inter alia, to cancel a deed transferring property from plaintiff to defendant, plaintiff appeals from an order of the Supreme Court, Westchester County (Slifkin, J.), entered April 24, 1984, which, inter alia, granted the branch of defendant’s motion pursuant to CPLR 3211 (a) (5) which was to dismiss…
In an action, inter alia, to recover damages for breach of warranty, plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Kelly, J.), entered April 19, 1984, which dismissed the complaint.…
Cuestas v. Cuestas Page 56478
In a matrimonial action, Jacob E. Heller appeals from an order of the Supreme Court, Richmond County (Hurowitz, J.), dated March 12, 1984, which fixed the amount of the lien of the outgoing attorney in the sum of $500, less $400 previously paid.…
Donnelly v. Matheson Page 56479
In an action to recover accrued arrears of child support which are due and payable pursuant to a separation agreement, defendant husband appeals from an order of the Supreme Court, Rockland County (Walsh, J.), dated January 17, 1984, which denied his motion for summary judgment dismissing the complaint.…
Farid v. State Page 56480
Appeal by claimant, as limited by his brief, from so much of an order of the Court of Claims (McCabe, J.), dated December 19, 1983, as, upon granting, inter alia, that portion of his motion seeking an examination before trial of defendant, required that he pay all "direct costs” of said examination, including the fee…
In an action on a blanket employee fidelity bond and an excess coverage employee fidelity bond issued by defendant, defendant appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated January 25, 1984, which denied its motion for summary judgment.…
Friedman v. Sills Page 56482
In an action arising out of a partnership agreement, defendants Edward Sills and Murray Wolff, as executors of the estate of Herman Wolff, appeal from so much of an order of the Supreme Court, Queens County (Goldstein, J.), entered February 22, 1984, as, upon renewal, denied those branches of their motion which were…
Gallo v. Supermarkets General Corp. Page 56483
In a negligence action to recover damages for personal injuries, etc., defendant Supermarkets *346General Corp. and defendants and third-party plaintiffs Sheradell Realty Corp., Sherilu Construction Corp., and J.L.F.…
Gergenti v. City of New York Page 56484
In a wrongful death action, defendant City of New York appeals from an order of the Supreme Court, Richmond County (Kuffner, J.), dated February 17, 1984, which, inter alia, denied its cross motion for an order dismissing the complaint as against it pursuant to CPLR 3211 (a) (7), or, in the alternative, for summary…
Gordon v. Kaufman Page 56485
In a medical malpractice action, defendant appeals from a judgment of the Supreme Court, Queens County (Graci, J.), entered February 21, 1984, which, after a jury trial, was in favor of the plaintiffs in the principal amount of $876,000.…
Kashan v. Kosoff Page 56486
In an action, inter alia, to recover damages arising from a fraudulent conveyance, plaintiff appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated August 12, 1983, which granted a motion for summary judgment brought by defendant Vincenza Kosoff in her individual capacity and dismissed the…
Kravitz v. County of Rockland Page 56487
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve late notices of claim, the appeal is from an order of the Supreme Court, Rockland County (Kelly, J.), entered May 1, 1984, which denied the application.…
Defendants in action No. 1, plaintiff in action No. 2, *356and counterclaim defendants in action No. 2 appeal from so much of an order of the Supreme Court, Westchester County (Rosenblatt, J.), dated January 6, 1984, as denied their motion for summary judgment against plaintiff in action No. 1 and defendants and…
Mancus v. County of Nassau Page 56490
In a medical malpractice action, defendants County of Nassau and the Nassau County Medicál Center appeal from so much of an order of the Supreme Court, Nassau County (Levitt, J.), entered April 10, 1984, as denied that branch of their cross motion which was for summary judgment dismissing the complaint as against them…
McRory v. Craft Architectural Metals Corp. Page 56491
In an action to recover legal fees under a written contract, defendant appeals from (1) an order of the Supreme Court, Nassau County (Oppido, J.), dated December 9, 1983, which granted plaintiff’s motion for summary judgment, (2) an order of the same court, dated February 1, 1984, which denied its motion for leave to…
Nemet v. Nemet Page 56492
In a matrimonial action, plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated March 4, 1985, as disqualified her attorney and his law firm from any further representation of her in this action.…
Richards v. Pathmark Food Store Page 56493
In an action to recover damages allegedly sustained by plaintiff as a result of an assault and battery, false arrest and negligence, defendants appeal from an order of the Supreme Court, Kings County (Lawrence, J.), dated September 15, 1983, which (1) denied their motion to compel plaintiff to answer their first set…
In an action, inter alia, for an injunction and to recover damages for the alleged breach of a covenant not to compete, defendant Seymour Budoff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated March 29, 1985, which denied his motion for leave to amend his answer to assert the affirmative…
Proceeding pursuant to Executive Law § 298 to review an order of the State Human Rights Appeal Board, dated May 30, 1984, which affirmed a determination of the State Division of Human Rights, dated October 1, 1982, finding petitioner guilty of unlawful discrimination *362against complainant on the basis of his race…
Tinao v. City of New York Page 56496
In ah action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated December 22, 1983, which, after a jury trial, was in favor of defendant.…
Toscano v. Van Lindt Page 56497
In a proceeding pursuant to CPLR article 78 to prohibit the chairman and members of the New York State Racing & Wagering Board, Division of Harness Racing, from barring petitioner Toscano from entering certain horses in harness races for a stated period, the appeal is from a judgment and order (one paper) of the…
Turano v. Consumer's Carpet Workroom Co. Page 56498
In a negligence action to recover damages for personal injuries, defendants appeal from so much of an order of the Supreme Court, Kings County (Hurowitz, J.), dated October 23, 1984, as denied the branch of the motion of defendant Richard E.…
Wilson v. State Page 56499
In a claim to recover damages for personal injuries, claimant appeals from a judgment of the Court of Claims (Silverman, J.), dated April 4, 1984, which dismissed his claim after a trial.…
In re Leo B. Page 56500
Appeal from a dispositional order of the Family Court, Queens County (Gallet, J.), dated September 14, 1984, which, upon a fact-finding determination that appellant committed an act which if committed by an adult would have constituted the crime of criminal mischief in the fourth de*368gree, placed appellant in the…
Fox v. Dalsheim Page 56501
In a proceeding pursuant to CPLR article 78 to review a determination made at a superintendent’s hearing which found petitioner guilty of misconduct and imposed punishment, the appeal is from a judgment of the Supreme Court, Dutchess County (Slifkin, J.), dated June 11, 1984, which granted the petition.…
Kaplan v. Shaffer Page 56502
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Secretary of State, dated January 3, 1984, which, after a hearing, found that petitioner had demonstrated untrustworthiness and incompetency pursuant to Real Property Law § 441-c and imposed a penalty.…
In re Nicholas R. M. Page 56503
Appeal from a dispositional order of the Family Court, Suffolk County (Auperin, J.), dated March 30, 1984, which brings up for review a fact-finding determination of the County Court, Suffolk County (Mallon, J.), dated December 12, 1983, which, after a nonjury trial, found appellant guilty of acts which, if committed…
Mialto Realty, Inc. v. Town of Patterson Page 56504
In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Patterson, made August 9, 1984, which denied petitioner’s application for site plan approval, the appeal, purportedly as a matter of right, is from an order of the Supreme Court, Putnam County (Wood, J.)…
Schiffer v. Board of Education Page 56505
Proceeding pursuant to CPLR article 78 to review so much of a determination of a hearing panel, convened pursuant to Education Law § 3020-a, as found petitioner guilty of a charge of insubordination and ordered her suspension without pay for one year.…
Incorporated Village of Patchogue v. Simon Page 56506
In a condemnation proceeding, the appeal is from an order of the Supreme Court, Suffolk County (Lama, J.), dated August 22, 1984, which granted petitioner’s application for leave to file an acquisition map causing title to certain real property to vest in it.…
People v. Allen Page 56507
Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 6, 1981, convicting him of robbery in the first degree (two counts), robbery in the second degree (two counts), criminal possession of a weapon in the third degree, and criminal possession of stolen property in the…
People v. Barbour Page 56508
Appeal by defendant from a judgment of the Supreme Court, Kings County (Maraño, J., at plea; Feldman, J., at sentence), rendered January 5, 1984, convicting him of criminal sale of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Benn Page 56509
Appeal by defendant from a judg*377ment of the Supreme Court, Kings County (Deeley, J.), rendered July 18, 1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.…
People v. Douglas Page 56510
Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered August 5, 1983, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.…
People v. Fisher Page 56511
Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered January 21, 1983, convicting him of robbery in the first degree (three counts) and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.…
People v. Goddard Page 56512
Appeal by defendant, as limited by his motion, from four sentences of the Supreme Court, Kings County (Hayes, J.), all imposed October 21, 1983.…
People v. Gonzalez Page 56513
Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Rotker, J.), imposed January 12, 1984, upon his conviction, after a plea of guilty of criminal possession of a controlled substance in the second degree, the sentence being a term of imprisonment of five and one-half…
People v. James Page 56514
Appeal by the People from an order of the Supreme Court, Kings County (Douglass, J.), dated March 15, 1983, which granted defendant’s motion to set aside the jury’s verdict finding him guilty of burglary in the first degree on the ground that it was repugnant to the jury’s verdict of not guilty of robbery in the first…
People v. Johnson Page 56515
Appeal by defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered February 17, 1983, convicting her of manslaughter in the second degree, upon a jury verdict, and imposing sentence.…
People v. Liebowitz Page 56517
Appeals by defendant from six judgments of the County Court, Nassau County (Harrington, J.), all rendered May 16, 1984, convicting him of grand larceny in the second degree (three counts), grand larceny in the third degree, petit larceny, commercial bribing in the first degree and scheme to defraud in the first…
People v. Lindo Page 56518
Appeal by defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered July 27, 1982, convicting him of manslaughter in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury…
People v. Martin Page 56519
Appeal by defendant from a judgment of the Supreme Court, Kings County (Scholnick, J.), rendered November 1, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.…
People v. Ortiz Page 56520
Appeal by defendant from a judgment of the Supreme Court, Kings County (Mirabile, J.), rendered June 21, 1979, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.…
People v. Roldos Page 56521
Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered September 7, 1982, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.…
People v. Smith Page 56522
Appeal by defendant from a judgment of the Supreme Court, Westchester County (McMahon, J.), rendered October 20, 1982, convicting him of two counts of murder in the second degree, upon a jury verdict, and imposing sentence.…
People v. Stich Page 56523
Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered January 26, 1984, convicting her of criminal possession of a controlled substance in the fourth degree, upon her plea of guilty, and imposing sentence of a definite term of 30 days’ imprisonment and a concurrent…
People v. Turner Page 56524
Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Leahy, J.), imposed July 24, 1984, upon his conviction of manslaughter in the second degree, the sentence being a term of imprisonment of 5 to 15 years.…
People v. Walters Page 56525
Appeal by defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered July 29, 1982, convicting him of murder in the second degree, assault in the third degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.…
Order, Supreme Court, New York County (Stecher, J.), entered on or about December 1, 1982, granting defendants-appellants-respondents’ motion for summary judgment only to the extent of striking paragraphs 15, 16 and 17 of the complaint except for subdivisions 15 (g), 15 (h) and 16 (a), modified, on the law, to…
Barr v. Raffe Page 56551
An order of the Supreme Court, New York County (Richard Lane, J.), entered on October 29, 1984, and order of said court (Beverly Cohen, J.), entered on May 3, 1984, unanimously affirmed.…
People v. Salvage Page 56552
Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on February 3, 1983, unanimously affirmed.…
Nieves v. 331 East 109th Street Corp. Page 56554
Judgment, Supreme Court, New York County (Stephen Smyk, J.), entered April 10, 1984, which awarded plaintiff $24,534.50, on a jury verdict, unanimously modified, on the law, without costs, to the extent of striking the award of treble damages, and otherwise affirmed.…
Cross v. Cross Page 56555
Order, Supreme Court, New York County (Kenneth Shorter, J.), entered September 20, 1984, which granted plaintiffs motion for pendente lite relief to the extent of awarding her temporary maintenance of $400 per week, temporary child support of $400 per week, and exclusive occupancy of a residence at Mt.…
Witt v. Agin Page 56556
Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 14, 1984, which, in a medical malpractice action, denied defendants-appellants’ motions for summary judgment, and granted defendant Presbyterian Hospital’s cross motion for summary judgment dismissing the complaint as to it, unanimously…
Gershowitz v. Gershowitz Page 56557
Order of the Supreme Court, New York County (Hortense W.…
People v. Townsend Page 56558
Motion granted to the extent of amending this court’s order entered on June 13, 1985 and memorandum decision filed therewith (111 AD2d 636) by deleting the words "and facts” in the last paragraph of said order and in the first paragraph of said memorandum decision.…
Burns v. Board of Elections Page 56559
Order, Supreme Court, New York County (Alvin F.…
Liberal Party v. Board of Elections Page 56561
Judgment, Supreme Court, New York County (Martin Evans, J.), entered on July 2, 1985, unanimously modified, on the law, to strike the direction for a hearing and to direct that the eight elected assembly district leaders and associate assembly district leaders not heretofore elected as county committee members be…
People v. Frisch Page 56564
Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to one count of kidnapping in the second degree in full satisfaction of all pending charges.…
People v. Thomas Page 56565
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered September 12, 1983, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to concurrent terms of imprisonment of 5 to 15 years and…
People v. Crosby Page 56566
Judgment affirmed. Memorandum: Viewing the trial court’s entire charge on the defense of justification, we find that it was without reversible error.…
People v. Lewis Page 56571
—Appeal by defendant from two judgments of the Supreme Court, Queens County (Posner, J.), both rendered October 4, 1982, convicting him of attempted robbery in the first degree on indictment No. 3111/81 and attempted robbery in the second degree on indictment No. 1858/81, upon his pleas of guilty, and imposing…
Barber v. Davis Page 56572
—Order, Family Court, New York County (Stanley Gartenstein, J.), entered November 15, 1984, which, in a paternity proceeding, dismissed the petition and denied petitioner attorney’s fees, unanimously reversed, on the law and on the facts, with costs, the petition is reinstated and granted and petitioner’s counsel is…
— Judgment, Supreme Court, New York County (Irving Kirschenbaum, J.), entered January 12, 1984, denying a petition to stay arbitration of an uninsured motorist claim, unanimously reversed, on the law, without costs or disbursements, the petition granted and arbitration stayed pending a preliminary trial on the…
People v. Baez Page 56574
— Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on April 19, 1984, unanimously affirmed.…
People v. Braddock Page 56575
— Determination of the appeal from judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on May 21, 1984, is held in abeyance, and application by appellant’s counsel to be relieved of the assignment denied.…
Jones v. Christian Page 56576
— Order of Supreme Court, New York County (Alvin F.…
Sternberg v. Radio Corp. of America Page 56577
—Order, Supreme Court, New York County (Bruce McM.…
Badem Buildings v. Abrams Page 56578
— Order and judgment (one paper) Supreme Court, New York County (Elliott Wilk, J.), entered August 30, 1985, which, inter alia, consolidated two CPLR article 78 proceedings and a Martin Act (General Business Law art 23-A) civil prosecution brought by the Attorney-General, dismissed both article 78 proceedings, found…
Baker v. Baker Page 56579
— Order, Supreme Court, New York County (Walter M.…
— Order and judgment (one paper), Supreme Court, New York County (Richard Lee Price, J.), entered June 27, 1984, granting the petition to the extent of remanding the matter to the Tax Commission for a rehearing, in accordance with Special Term’s decision (124 Mise 2d 720), on the question of whether petitioner is a…
Motion for reargument denied, and, sua sponte, fourth para*382graph of first page of memorandum decision of this court accompanying its order entered on March 27, 1986 (118 AD2d 521) deleted, in its entirety, and following paragraph substituted in its place and stead: "In 1981 and 1982, plaintiff Celeste La Marche’s…
In re Colvin Page 56582
— Motion for, inter alia, reversal of Family Court order entered on April 30, 1985, granted, the order is reversed, on the law, without costs and without disbursements, and the matter remitted to the Family Court for appropriate further proceedings.…
People v. Hodges Page 56606
*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?…
People v. Bauer Page 56607
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.…
OPINION OF THE COURT Petitioner challenges the imposition of a penalty against him pursuant to Tax Law § 685 (g), “which imposes personal liability in the form of a penalty on any person within the corporate structure who is required to and fails to pay over withholding *58taxes to the Tax Commission” (Matter of…
Berger v. Chu Page 56609
OPINION OF THE COURT The facts are essentially undisputed.…
People v. Holt Page 56610
OPINION OF THE COURT Although driving while intoxicated may constitute a gross deviation from the standard of care that a reasonable person would observe, such conduct must be the cause of death of another person in order to establish prima facie proof of criminally negligent homicide.…
Barnes v. County of Nassau Page 56611
*51OPINION OF THE COURT Should a county be permitted to amend its answer to interpose a defense of immunity against a claim of negligent placement and supervision of an infant in foster care?…
People v. Davila Page 56612
OPINION OF THE COURT The primary question presented on this appeal is whether the People presented sufficient evidence to corroborate the accomplice’s trial testimony, which inculpated the defendant in the death of Fred Aikins.…
OPINION OF THE COURT These are cross appeals from a judgment (denominated an order and judgment) of the Supreme Court, New York County (Robert E.…
In re Luis N. Page 56614
Motion to amend the memorandum decision of this court filed on May 16, 1985 (111 AD2d 81) granted insofar as to recall and vacate the memorandum decision filed herein on May 16, 1985 and to substitute therefor a new memorandum decision as follows: Order of the Family Court, New York County (Sara P.…
People v. Diaz Page 56615
Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered May 26, 1983, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.…
People v. Charles Page 56616
Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 3, 1980, convicting him of robbery in the first degree (two counts), robbery in the second degree (two counts), criminal possession of a weapon in the third degree, and criminal possession of stolen property in the…
Order of the Supreme Court, New York County (Price, J.), entered May 1, 1984, which granted plaintiff’s motion for summary judgment as to liability, reversed, on the law, with costs, and the motion for summary judgment is denied.…
Orangeburg Associates v. Baum Page 56620
*830Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.
People v. Manzione Page 56621
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered June 4, 1984, convicting him of robbery in the first degree, attempted robbery in the first degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence.…
People v. Astwood Page 56622
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.…
Marrero v. Smith Page 56624
— Judgment unanimously affirmed (see, Matter of Jones v Smith, 120 Misc 2d 445, affd 101 AD2d 705, lv granted 63 NY2d 601).…
Tharp v. Coughlin Page 56625
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent denying petitioner’s application for temporary release, petitioner appeals from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated June 8, 1984, which dismissed the proceeding on the merits.…
People v. Frazier Page 56626
— Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered September 20, 1982, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.…
People v. Green Page 56627
*1036Defendant also claims that he was denied the effective assistance of counsel because his trial counsel refused to call witnesses whom the defendant wanted to testify at trial and refused to allow him to testify in his own behalf.…
People v. Motzer Page 56628
Judgment unanimously affirmed. Memorandum: The evidence supports the court’s finding of guilty of criminal possession of a weapon in the third degree with respect to the .32 caliber revolver.…
Judgment, Supreme Court, New York County (Edward Greenfield, J.), entered on May 23, 1984, affirmed, without costs and without disbursements, for the reasons stated by Edward Greenfield, J., at Special Term.…
People v. Calderon Page 56630
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…
Calleja v. Calleja Page 56634
In an action for a divorce, the defendant husband appeals (1) as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Kelly, J.), entered April 20, 1984, as granted the plaintiff wife the sum of $225 per week for maintenance and the sum of $175 per week for child support; and (2) from…
OPINION OF THE COURT A reporter for petitioner Capital Newspapers Division of the Hearst Corporation was allegedly given information that certain Albany City Police Officers were abusing their sick leave privileges.…
People v. Hadges Page 56663
Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered *1058September 16, 1983, upon a verdict convicting defendant of the crimes of attempted sodomy in the first degree and endangering the welfare of a child.…
Martin v. Martin Page 56727
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…
Proceeding pursuant to CPLR article 78 to review a determination of respondent New York State Liquor Authority, dated April 4, 1984, which, after a hearing, (1) held that petitioner violated New York State Liquor Authority Rules, rule 36 (1) (o) (9 NYCRR 53.1 [o]), and (2) suspended the petitioner’s license to sell…
Coria v. Coria Page 57169
In a matrimonial action, defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Imperato, R.), dated November 10, 1983, as granted that branch of plaintiff wife’s motion as sought an increase in child support to be paid by defendant husband to the extent of…
Stanton v. Owego Water Works Page 57201
Proceedings initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated September 26, 1983, which dismissed petitioner’s complaints of an unlawful discriminatory practice based on physical disability and/or age.…
People and organizations on PlainSite with a photograph on file, alphabetically.
A
| Adams, Eric Leroy |
Adelson, Sheldon G. |
Ahuja, Deepak P. |
Altman, Samuel Harris |
| Andreessen, Marc L. |
Armstrong, Lance Edward |
Assange, Julian |
Azar, II, Alex Michael |
B
C
D
| De Blasio, Bill |
Denholm, Robyn M. |
Depp, II, John Christopher |
Dershowitz, Alan M. |
| DeSantis, Ronald D. |
Desmond-Hellmann, Susan |
DeVos, Elisabeth |
Dimon, Jamie |
| Doerr, L. John |
Dorsey, Jack |
Duncan, Arne |
E
| Ebbers, Bernard J. |
Ehrenpreis, Ira Matthew |
Eisner, Michael D. |
Ellison, Lawrence J. |
| Epstein, Jeffrey E. |
F
| Faust, Drew Gilpin |
Flynn, Michael Thomas |
G
H
| Harris, Kamala Devi |
Hastings, W. Reed |
Hawley, Joshua D. |
Hayden, Michael V. |
| Hegseth, Peter Brian |
Hennessy John L |
Holder, Jr., Eric H. |
Holmes, Elizabeth A. |
| Huang, Jen-hsun |
Hughes, Christopher Ray |
I
| Icahn, Carl C. |
J
| Jackson, Michael Joseph |
Jackson, Sr., Jesse L. |
Jobs, Steven P. |
Jurvetson, Stephen T. |
K
| Kemp, Brian P. |
Kennedy, Robert F., Jr. |
Koch, David |
Koum, Jan |
| Kushner, Jared C. |
L
| Lay, Kenneth L |
Lemon, Don |
Leopold, Jason |
Lutnick, Howard W. |
| Lyons, Todd M. |
M
N
| Nadella, Satya |
Navarro, Peter K. |
Neumann, Adam |
Newsom, Gavin |
| Nielsen, Kirstjen |
Noem, Kristi |
Nunes, Devin G. |
O
| Obama, Barack Hussein |
Office of the New York Attorney General |
Okeke-Von Batten, Karl-Marx Edward |
P
| Page, Lawrence |
Patel, Kashyap |
Pelosi, Nancy |
Pence, Michael Richard |
| Petit, Parker H. |
Pichai, Sundar |
Pompeo, Michael Richard |
Powell, Sidney |
| Prince, Erik D. |
Putin, Vladimir Vladimirovich |
Q
| Qazi, Omar |
R
| Rice, Condoleezza |
Rive, Lyndon Robert |
Romney, Willard Mitt |
Rosenstein, Rod J. |
| Ross, Wilbur L. Jr. |
Rubio, Marco |
Rumsfeld, Donald H. |
S
T
| Taylor, Bret Steven |
Teller, Samuel |
Thiel, Peter |
Tillerson, Rex W. |
| Tinubu, Bola Ahmed |
Trump, Donald J. |
Trump, Donald J. Jr. |
Trump, Eric |
| Trump, Ivanka |
Trump, Melania |
U
| Ullyot, Theodore Warren |
V
| Vance, Jr., Cyrus R. |
W
| Warren, Elizabeth |
Whitman, Margaret C. |
Y
| Yellen, Janet |
Z
| Zhao, Changpeng |
Zilis, Shivon |
Zuckerberg, Mark Elliot |
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