People v. Rene Bonilla (Sup. Ct., Bronx County)
Criminal Justice – Counsel
Movant failed to properly enhance record regarding claim of ineffective assistance of counsel. Dominic R. Massaro, J.
In Matter of Application of Nathan J. Celauro, indivdually, Nathan J. Celauro as Preliminary Executor of Estate of Gaetana Celauro, Deceased Sole Income Beneficiary of Salvatore F. Celauro Revocable Trust and Salvatore F. Celauro Irrevocable Life Insurance Trust, Nathan J. Celauro as vested beneficial owner of shares of 4C Foods Corp. held by Salvatore F. Celauro Revocable Trust and Salvatore F. Celauro Irrevocable Life Insurance Trust, Nathan J. Celaro as Trustee and Linda Celauro as Successor Co-Trustee of Salvatore F. Celauro Children's Trust f/b/o Nathan Celauro a/k/a Nathan J. Celauro Irrevocable Trust u/a dated December 26, 1991 v. 4C Foods Corp., For a Determination as to Fair Value of Shares Under Article 4 of Civil Practice Law and Rules and sections 623 and 806 of New York Business Corporation Law (Sup. Ct., Kings County)
Business Organizations – Shareholders
Statutory appraisal proceeding was not required following amendment of certificate of incorporation. David Schmidt, J.
The Roman Catholic Archdiocese of New York v. Kathleen Sebelius, in her official capacity as Secretary, U.S. Department of Health and Human Services; the Department of Labor, the Department of the Treasury (E.D.N.Y.)
Insurance – Health
Diocese and charitable organization lacked standing to challenge ACA’s coverage mandate. Cogan, District Judge
Board of Managers of Brightwater Towers Condominium v. Bella Lukashevskaya, and Jpmorgan Chase Bank, N.A. (Sup. Ct., Kings County)
Real Property – Condominiums
Referee should have calculated unpaid common charges based on documentation provided by board of managers. Francois A. Rivera, J.
Munther Nishiewat and Four Seasons Deli & Groceries, Inc. v. Preferred Mutual Insurance Company (Sup. Ct., Dutchess County)
Insurance – Property
Issue whether insurer’s delay in denying claim resulted from prompt investigation precluded summary judgment. James D. Pagones, J.
People v. Rameen Smith (N.Y. App. Div., 2d Dep’t)
Criminal Justice – Double Jeopardy
Resentence did not violate prohibition against double jeopardy.
In Matter of Carmine A. B. (Anonymous); Suffolk County Department of Social Services v. Nicole B. (Anonymous) (Proceeding No. 1); In Matter of Angel G. B. (Anonymous); Suffolk County Department of Social Services v. Nicole B. (Anonymous) (Proceeding No. 2) (N.Y. App. Div., 2d Dep’t)
Family Law – Child Protection
Mother's failure to address substance abuse problem supported finding of permanent neglect.
U.S. Bank, N.A., as Trustee for the Registered Holders of ML-CFC Commercial Mortgage Trust 2006-1, Commercial Mortgage Pass-Through Certificates, Series 2006-1 v. Squadron VCD, LLC, Allen Morton, Patsy Morton, John Does 1-100, the latter names being fictitious but intending to designate tenants and persons in possession or persons having an interest in the premises described in the Complaint herein (2d Cir.)
Real Property – Mortgages and Deeds of Trust
Successor trustee of commercial mortgage trust had standing to prosecute foreclosure action.
In re Manuel Aranda v. New York City Department of Buildings (N.Y. App. Div., 1st Dep’t)
Real Property – Contractors and Developers
Denial of application for reinstatement of master fire suppression piping contractor's license had rational basis.
C.M.S. v. W.T.S. (Sup. Ct., Monroe County)
Family Law – Equitable Distribution
Lack of evidence of present value of advanced degrees precluded award of share of enhanced earnings. Richard A. Dollinger, J.