DAY CALENDAR Monday, April 3, :00 AM HON. SAMUEL L. GREEN COURTROOM

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1 DAY CALENDAR Monday, April 3, :00 AM HON. SAMUEL L. GREEN COURTROOM TP AKEEM A. BRENSON DONALD ENETTOZZI Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered October 27, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules. AKEEM A. BRENSON for HIMSELF KATHLEEN M. TREASURE for DONALD ENETTOZZI KA DARWIN ZUNIGA-ROCHA Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), dated August 21, The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act. NICHOLAS P. DIFONZO for DARWIN ZUNIGA-ROCHA WILLIAM G. ZICKL for THE OF THE STATE OF NEW YORK KA CHARLES GREFER Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered January 9, The judgment convicted defendant, upon his plea of guilty, of grand larceny in the second degree PIOTR BANASIAK for CHARLES GREFER JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK KA CHARLES GREFER Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered January 9, The judgment convicted defendant, upon his plea of guilty, of criminal tax fraud in the third degree. PIOTR BANASIAK for CHARLES GREFER JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK KA BRIAN T. TUMOLO Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), rendered August 18, The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

2 LINDA M. CAMPBELL for BRIAN T. TUMOLO AMY L. HALLENBECK for THE OF THE STATE OF NEW YORK KA JAMES D. HILLYARD, JR. Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered September 3, The judgment convicted defendant, upon his plea of guilty, of murder in the second degree (two counts), attempted robbery in the first degree, attempted robbery in the second degree and criminal possession of a weapon in the second degree (two counts). WILLIAM G. PIXLEY for JAMES D. HILLYARD, JR. KELLY C. WOLFORD for THE OF THE STATE OF NEW YORK KA PABLO W. LOPEZ Appeal from a judgment of the Supreme Court, Monroe County (Joanne M. Winslow, J.), rendered February 25, The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree (two counts). BRIAN SHIFFRIN for PABLO W. LOPEZ DANIEL GROSS for THE OF THE STATE OF NEW YORK KA ROBERT G. CASE Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), rendered March 16, The judgment convicted defendant, upon a jury verdict, of rape in the first degree, assault in the second degree, strangulation in the second degree and unlawful imprisonment in the first degree. CAITLIN M. CONNELLY for ROBERT G. CASE AMBER KERLING for THE OF THE STATE OF NEW YORK KA ELIRA M. PUSKAR Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered December 8, The judgment convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the third degree. REBECCA L. WITTMAN for ELIRA M. PUSKAR STEEN G. COX for THE OF THE STATE OF NEW YORK KA MICHAEL H. CELI

3 Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), rendered December 15, The judgment convicted defendant, upon his plea of guilty, of murder in the second degree. THEODORE W. STENUF for MICHAEL H. CELI AMY L. HALLENBECK for THE OF THE STATE OF NEW YORK KA ANDRE NORWOOD Appeal from an order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered October 29, The order denied the motion of defendant to vacate a judgment of conviction. DAID R. JUERGENS for ANDRE NORWOOD STEPHEN X. O'BRIEN for THE OF THE STATE OF NEW YORK CA CHRISTOPHER JUNE STATE OF NEW YORK Appeal from an order of the Supreme Court, Oneida County (Louis P. Gigliotti, A.J.), entered January 29, 2016 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, adjudged that defendant is a sex offender who suffers from a mental abnormality. GIGI E. MYERS for CHRISTOPHER JUNE PATRICK A. WOODS for STATE OF NEW YORK CA ORCHARD EARTH & PIPE CORPORATION CONCRETE SLIPFORM, INC. Appeal from an order of the Supreme Court, Onondaga County (Spencer J. Ludington, A.J.), entered July 18, The order, insofar as appealed from, granted the motion of defendant for summary judgment on plaintiff's first and second causes of action and dismissed those causes of action. STEEN C. SHAHAN for ORCHARD EARTH & PIPE CORPORATION GREGORY P. BAZAN for CONCRETE SLIPFORM, INC CA RONALD L. ALLEN DAWN E. ALLEN Appeal from a judgment of the Supreme court, Allegany County (Terrence M. Parker, A.J.), entered November 9, 2015 in a divorce action. The judgment equitably distributed the property of the parties. GERALD J. ELLA for DAWN E. ALLEN MICHAEL J. SAGLIMBEN for RONALD L. ALLEN CA WELLS FARGO BANK, N.A. BONNIE DYSINGER

4 Appeal from an order of the Supreme Court, Genesee County (Mark J. Grisanti, A.J.), entered November 4, The order denied the motion of defendant Bonnie M. Dysinger to vacate a default judgment. GARY STORM for BONNIE DYSINGER SCOTT W. PARKER for WELLS FARGO BANK, N.A. 30 minutes CA KONDAUR CAPITAL CORPORATION DIANNE L. LUNN Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered July 10, 2014 in a mortgage foreclosure action. The order, among other things, granted plaintiff's motion for summary judgment. DIANNE L. LUNN for HERSELF PETER F. EDELMAN for KONDAUR CAPITAL CORPORATION CA KONDAUR CAPITAL CORPORATION DIANNE L. LUNN Appeal from a judgment of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered March 11, 2015 in a mortgage foreclosure action. The judgment, among other things, ordered that the mortgaged premises be sold. DIANNE L. LUNN for HERSELF PETER F. EDELMAN for KONDAUR CAPITAL CORPORATION CA PETER D. WATERMAN CNH AMERICA LLC Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 8, The order granted in part the motions of defendants and the cross motion of third-party defendant for summary judgment. JOHN A. COLLINS for PETER D. WATERMAN IIAN MARIE QUINN for CNH AMERICA LLC R. ANTHONY RUPP, III, for MONROE TRACTOR & IMPLEMENT CO., INC. HENRY ZOMERFELD for WOODS EQUIPMENT COMPANY CA TOWN OF MARILLA STANLEY E. TRAIS Appeal from a judgment (denominated judgment and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered October 13, 2015 in a proceeding pursuant to CPLR article 78. The judgment, among other things, consolidated two separate proceedings and dismissed the consolidated proceeding. RICHARD E. STANTON for TOWN OF MARILLA MEREDITH G. LEE-CLARK for NYS DEPT. OF ENIRONMENTAL CONS.

5 JOHN A. MANCUSO for STANLEY E. TRAIS CA NICHOLAS DOMINICK CHARLES MILLAR & SON CO. Appeal from an order of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered December 3, The order denied the motion of defendants Charles Millar & Son Co., Charles Millar Supply, Inc., Millar Supply, Inc., Pacemaker Millar Steel & Industrial Supply Company, Inc., Millar Supply, Inc., individually and as successor-in-interest to Charles Millar & Son Supply, Inc., Pacemaker Millar Steel & Industrial Supply of Binghamton, Inc., Pacemaker Steel & Aluminum of Binghamton Corp., and Pacemaker Steel and Pump Co., Inc., individually and as successor to Charles Millar Pacemaker Steel Warehouse Inc., to set aside the jury verdict and dismissing the action. GEORGE F. CARPINELLO for CHARLES MILLAR & SON CO. SETH A. DYMOND for NICHOLAS DOMINICK CA NICHOLAS DOMINICK CHARLES MILLAR & SON CO. Appeal from an judgment of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered March 22, The judgment, among other things, awarded plaintiff money damages as against defendant Pacemaker Steel & Piping Company, as successors-in-interest to Charles Millar and Son Supply, Inc. GEORGE F. CARPINELLO for CHARLES MILLAR & SON CO. SETH A. DYMOND for NICHOLAS DOMINICK CA STATE OF NEW YORK WILLIAM DURGAN Appeal from an order of the Supreme Court, Jefferson County (James C. Tormey, J.), entered August 26, 2015 in a proceeding pursuant to Mental Hygiene Law article 10. The order, among other things, denied respondent's motion to vacate a civil confinement order dated May 6, 2013 and to dismiss the proceedings against him. MICHAEL H. MCCORMICK for WILLIAM DURGAN KATHLEEN M. TREASURE for STATE OF NEW YORK CA CARMEN BRITT NELDA LAWLER, M.D. Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, The order denied the motion of plaintiff to amend the complaint, granted the motions of defendants Grace Manor Health Care Facility, Inc., Nelda Lawler, M.D., and Teresa Chau, M.D., for costs, and enjoined plaintiff from initiating further proceedings without prior leave of court. TIMOTHY R. LOALLO for CARMEN BRITT ADAM C. FERRANDINO for GRACE MANOR HEALTH CARE FACILITY, INC.

6 MICHAEL J. WILLETT for NELDA LAWLER, M.D CA CARMEN BRITT BUFFALO MUNICIPAL HOUSING AUTHORITY Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 7, The order, among other things, granted the motion of defendants Teresa Chau, M.D. and Nelda Lawler, M.D. to dismiss the 2004 action bearing Index No. I , against them with prejudice. TIMOTHY R. LOALLO for CARMEN BRITT MICHAEL J. WILLETT for NELDA LAWLER, M.D CA CARMEN BRITT BUFFALO MUNICIPAL HOUSING AUTHORITY Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 22, The order denied the motion of plaintiff for a default judgment against defendants Nelda Lawler, M.D., and Teresa Chau, M.D CA TIMOTHY R. LOALLO for CARMEN BRITT MICHAEL J. WILLETT for NELDA LAWLER, M.D. ARCHIE MCCORMICK DERICKA THOMPSON SETTLED Appeal from an amended order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered June 16, The amended order denied the motion of defendant Bennett Goldstein for summary judgment.

7 DAY CALENDAR Tuesday, April 4, :00 AM HON. SAMUEL L. GREEN COURTROOM TP DAID READ JAMES THOMPSON Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Penny M. Wolfgang, J.], entered January 11, 2016) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated various inmate rules. DAID READ for HIMSELF PETER H. SCHIFF for JAMES THOMPSON KA CODY TESTERMAN Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered April 17, The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree. DEBORAH K. JESSEY for CODY TESTERMAN MICHAEL J. HILLERY for THE OF THE STATE OF NEW YORK KA ANTHONY N. MORGAN Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered October 14, The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree. JAMES A. HOBBS for ANTHONY N. MORGAN STEPHEN X. O'BRIEN for THE OF THE STATE OF NEW YORK KA CLAUDIE. GOODENOW, JR. Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.), rendered April 23, The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree, criminal possession of a controlled substance in the seventh degree and conspiracy in the fifth degree. CARA A. WALDMAN for CLAUDIE. GOODENOW, JR. KEITH A. SLEP for THE OF THE STATE OF NEW YORK KA GREGORY BAIRD

8 Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered October 14, The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree. JAMES A. HOBBS for GREGORY BAIRD LEAH R. MERINE for THE OF THE STATE OF NEW YORK KA SHEMARIAH L. OWENS Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), rendered January 12, The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (two counts) and endangering the welfare of a child (two counts). CHARLES J. GREENBERG for SHEMARIAH L. OWENS BARRY L. PORSCH for THE OF THE STATE OF NEW YORK KA NATHAN J. ROSEKRANS Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered May 4, The judgment convicted defendant, upon his plea of guilty, of assault in the second degree. ANDREW MANCILLA for NATHAN J. ROSEKRANS JAMES B. RITTS for THE OF THE STATE OF NEW YORK 30 minutes KA RONALD HOUGH, JR. Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 8, The judgment convicted defendant, upon a jury verdict, of robbery in the first degree, attempted murder in the first degree and criminal possession of a weapon in the second degree. BARBARA J. DAIES for RONALD HOUGH, JR. JULIE BENDER FISKE for THE OF THE STATE OF NEW YORK CA IN THE MATTER OF LIBERTY MUTUAL INSURANCE COMPANY (MIA KADAH) Appeal from an order of the Supreme Court, Onondaga County (Walter W. Hafner, Jr., A.J.), entered January 8, The order denied the petition for a stay of arbitration. LISA M. DIAZ-ORDAZ for LIBERTY MUTUAL INSURANCE COMPANY MATTHEW J. KAISER for MIA KADAH CA IN THE MATTER OF LIBERTY MUTUAL INSURANCE COMPANY (MIA KADAH)

9 Appeal from an order of the Supreme Court, Onondaga County (Walter W. Hafner, Jr., A.J.), entered June 8, The order denied the motion of petitioner for leave to renew or reargue. LISA M. DIAZ-ORDAZ for LIBERTY MUTUAL INSURANCE COMPANY MATTHEW J. KAISER for MIA KADAH CAF CHARLA SHONYO BRIAN SHONYO Appeal from an order of the Family Court, Onondaga County (William W. Rose, R.), entered September 14, 2015 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner Charla Shonyo residential custody of the subject children. JOHN A. CIRANDO for BRIAN SHONYO CHARLA SHONYO for HERSELF THEODORE W. STENUF, ATTORNEY FOR CHILD CA ORTHO-CLINICAL DIAGNOSTICS, INC. ASPEN SPECIALTY INSURANCE COMPANY Appeal from an order of the Supreme Court, Monroe County (William K. Taylor, J.), entered June 3, The order granted the motion of defendants Apen Specialty Insurance Company and Aspen Insurance UK Limited for summary judgment and dismissed the complaint and the third-party complaint. MARK T. WHITFORD, JR., for ORTHO-CLINICAL DIAGNOSTICS, INC. JONATHAN GLASSER for ASPEN SPECIALTY INSURANCE COMPANY CA RICHARD J. WALLENHORST, II JAMES R. WALLENHORST Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered May 4, The order denied plaintiff's motion for summary judgment. STEPHEN W. GEBO for RICHARD J. WALLENHORST, II DAID PETER ANTONUCCI for JAMES R. WALLENHORST JEFFREY RICHARD MARTIN for ELAINE L. BERG CA TOWN OF CICERO LAKESHORE ESTATES, LLC Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Walter W. Hafner, Jr., A.J.), entered January 12, The judgment denied the petition without prejudice. JOHN JOSEPH MARZOCCHI for TOWN OF CICERO OADIA ARAHAM for HIMSELF

10 480.0 CA JOSEPH MELI SAFWAY SERICES, LLC SETTLED Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered April 15, The order, insofar as appealed from, denied the motion of defendant for summary judgment. NICHOLAS DICESARE for SAFWAY SERICES, LLC DONYELLE E. CRAPSI for JOSEPH MELI CA IN THE MATTER OF CITY OF BUFFALO (BUFFALO POLICE BENEOLENT ASSOCIATION) Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered November 18, The order and judgment, among other things, denied the petition to vacate an arbitration award. MARY B. SCARPINE for CITY OF BUFFALO IAN HAYES for BUFFALO POLICE BENEOLENT ASSOCIATION CA CHERYL KENDALL DANIEL CASSIDY Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered April 11, The order, insofar as appealed from, denied the motion of defendant Paul Kleindienst for summary judgment dismissing the complaint. CHRISTOPHER A. GUETTI for PAUL KLEINDIENST MO J. ATHARI for CHERYL KENDALL CA STATE OF NEW YORK ESSEX PROPERTY MANAGEMENT, LLC Appeal from an order of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered January 4, The order denied without prejudice the application of petitioner for authority to enter certain real property. KATHLEEN M. LANDERS for STATE OF NEW YORK ROBERT JEFFREY SANT for ESSEX PROPERTY MANAGEMENT, LLC TP KRISTEN PONICHTERA UNIERSITY AT BUFFALO Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Frederick J. Marshall, J.], entered April 14, 2016) to review a determination of respondent. The determination dismissed petitioner from the Nurse Anesthesia Doctor of Nursing Practice Program. FRANK BOGULSKI for KRISTEN PONICHTERA KATE H. NEPEU for UNIERSITY AT BUFFALO

11 485.0 CAF IN THE MATTER OF OLIIA S. Appeal from an order of the Family Court, Wyoming County (Michael F. Griffith, J.), entered July 15, 2016 in a proceeding pursuant to Family Court Act article 10. The order, among other things, transferred respondent's guardianship and custody rights with respect to the subject child to petitioner. ADAM W. KOCH for DAWN S. JANET LYNN BENSMAN for WYOMING CO. DEPT. OF SOCIAL SERICES PETER M. CASEY, ATTORNEY FOR CHILD CA SANDRA J. SLACER JOHN M. KEARNEY Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered February 11, The order denied the motion of defendant for summary judgment, granted the cross motion of plaintiff for summary judgment and determined the boundary line between parcels of real property owned by the parties. DERRICK A. SPATORICO for JOHN M. KEARNEY CRAIG D. CHARTIER for SANDRA J. SLACER

12 DAY CALENDAR Tuesday, April 4, :00 AM COURTROOM KA KEIN REEES Appeal from a judgment of the Onondaga County Court (Donald E. Todd, A.J.), rendered January 11, The appeal was held by this Court by order entered June 10, 2016, decision was reserved and the matter was remitted to Onondaga County Court for further proceedings (140 AD3d The proceedings were held and completed. PHILIP ROTHSCHILD for KEIN REEES JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK

13 DAY CALENDAR Wednesday, April 5, :00 AM HON. SAMUEL L. GREEN COURTROOM TP SHANNON. CAMPBELL ANTHONY J. ANNUCCI Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered June 9, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules. SHANNON. CAMPBELL for HIMSELF MARCUS J. MASTRACCO for ANTHONY J. ANNUCCI KA TYSHAWN S. PARKER Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered March 4, The judgment convicted defendant, upon his plea of guilty, of assault in the first degree. JAMES A. HOBBS for TYSHAWN S. PARKER STEPHEN X. O'BRIEN for THE OF THE STATE OF NEW YORK KA TERRANCE GIBSON Appeal from an order of the Monroe County Court (Christopher S. Ciaccio, J.), entered October 13, The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act. KIMBERLY F. DUGUAY for TERRANCE GIBSON NANCY GILLIGAN for THE OF THE STATE OF NEW YORK KA PHILIP B. MCARTHUR Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered March 18, The judgment convicted defendant, upon his plea of guilty, of criminal mischief in the third degree MARY P. DAISON for PHILIP B. MCARTHUR JOHN C. TUNNEY for THE OF THE STATE OF NEW YORK KA BENJAMIN SHEPPARD Appeal from a judgment of the Livingston County Court (Dennis S. Cohen, J.), rendered September 3, The judgment convicted defendant, upon his plea of guilty, of assault in the second degree

14 STEEN D. SESSLER for BENJAMIN SHEPPARD JOSHUA J. TONRA for THE OF THE STATE OF NEW YORK KA STEPHEN DAWSON Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered December 3, The judgment convicted defendant, upon a jury verdict, of kidnapping in the first degree and robbery in the first degree. LYLE T. HAJDU for STEPHEN DAWSON NICHOLAS T. TEXIDO for THE OF THE STATE OF NEW YORK KA CHRISTOPHER WHEELER Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered March 10, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree. ALAN WILLIAMS for CHRISTOPHER WHEELER DAID A. HERATY for THE OF THE STATE OF NEW YORK KA EMMANUEL IBARRONDO Appeal from a judgment of the Livingston County Court (Robert B. Wiggins, J.), rendered May 22, The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree. JEANNIE MICHALSKI for EMMANUEL IBARRONDO JOSHUA J. TONRA for THE OF THE STATE OF NEW YORK KA DURELL BLUNT Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), rendered September 16, The judgment convicted defendant of promoting prison contraband in the first degree. ADAM W. KOCH for DURELL BLUNT ERIC R. SCHIENER for THE OF THE STATE OF NEW YORK CAF JASON GREELEY GRETCHEN TUCKER Appeal from an order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered August 10, 2015 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, granted custody of the subject child to respondent Gretchen Tucker.

15 HEATHER A. TOMES for JASON GREELEY GRETCHEN TUCKER for HERSELF FERN S. ADELSTEIN, ATTORNEY FOR CHILD JENNIFER M. LORENZ, ATTORNEY FOR CHILD CAF IN THE MATTER OF JOSEPH M., JR. Appeal from an order of the Family Court, Erie County (Sharon M. Loallo, J.), entered January 6, 2015 in a proceeding pursuant to Social Services Law 384-b. The order, among other things, terminated respondent's parental rights to the subject children. WILLIAM D. BRODERICK, JR., for JOSEPH M., SR. ELISABETH M. COLUCCI for ERIE CO. DEPT. OF SOCIAL SERICES CHARLES D. HALORSEN, ATTORNEY FOR CHILD CAF IN THE MATTER OF DESTINY G. Appeal from an order of the Family Court, Erie County (Sharon M. Loallo, J.), entered February 9, 2016 in a proceeding pursuant to Social Services Law 384-b. The order, inter alia, terminated the parental rights of respondent. DENIS A. KITCHEN, JR., for LARICIA H. JOSEPH T. JARZEMBEK for ERIE CO. DEPT. OF SOCIAL SERICES CHARLES D. HALORSEN, ATTORNEY FOR CHILD CAF ANTHONY ARONICA ANDREA ARONICA Appeal from an order of the Family Court, Erie County (Mary G. Carney, J.), entered December 11, 2015 in a proceeding pursuant to Family Court Act article 6. The order denied in part the petition for modification of custody and access. BERNADETTE HOPPE for ANTHONY ARONICA FRANCIS W. TESSEYMAN, JR., for ANDREA ARONICA NANCY BIZUB, ATTORNEY FOR CHILD CA LISA T. SNOW DEPAUL ADULT CARE COMMUNITIES, INC. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 21, The order denied in part the cross motion of plaintiff to compel responses to nonparty subpoenas. JOHN A. COLLINS for LISA T. SNOW ARLOW M. LINTON for DEPAUL ADULT CARE COMMUNITIES, INC.

16 502.0 CA BRUCE T. CHILLIS DOUGLAS A. BRUNDIN, JR. Appeals and cross appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered September 28, The order denied the motions of the respective parties for summary judgment JOHN TIMOTHY LOSS for DOUGLAS A. BRUNDIN, JR. JAMES E. EAGAN for BRIAN E. MCGRATH, M.D. LINDA J. MARSH for BRUCE T. CHILLIS CA NATASHA D. WALLACE M&C HOTEL INTERESTS, INC. Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered January 12, The order granted the motion of defendants for summary judgment and dismissed the action. JOHN A. COLLINS for NATASHA D. WALLACE KATHLEEN J. MARTIN for M&C HOTEL INTERESTS, INC CA JACQUE LYNN MROZ 3M COMPANY Appeal from a judgment of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered January 4, The order denied the motion of defendant to set aside a jury verdict. BETH L. KAUFMAN for 3M COMPANY MICHAEL SZCZYGIEL for JACQUE LYNN MROZ 30 minutes 30 minutes CA JACQUE LYNN MROZ 3M COMPANY Appeal from a judgment of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered February 2, The judgment awarded plaintiff money damages upon a jury verdict. BETH L. KAUFMAN for 3M COMPANY MICHAEL SZCZYGIEL for JACQUE LYNN MROZ CA WILLIAM H. SHEEHAN THOMAS A. GILRAY, JR. Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 14, The order, among other things, denied in part the motion of defendant Central Terminal Restoration Corporation for summary judgment. SETH M. WEINBERG for CENTRAL TERMINAL RESTORATION CORP. R. CHARLES MINER for WILLIAM H. SHEEHAN JOSEPH A. MATTELIANO for MICHAEL A. SERRANO

17 507.0 CA MICHAEL A. SERRANO THOMAS A. GILRAY, JR. Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 14, The order, among other things, denied in part the motion of defendant Central Terminal Restoration Corporation for summary judgment. SETH M. WEINBERG for CENTRAL TERMINAL RESTORATION CORP. R. CHARLES MINER for WILLIAM H. SHEEHAN JOSEPH A. MATTELIANO for MICHAEL A. SERRANO CA KELLY BURKE QUEEN OF HEAEN ROMAN CATHOLIC ELEM. SCHOOL Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 17, The order granted the motion of plaintiff to strike the answer of and for summary judgment on liability against defendants Queen of Heaven Roman Catholic Elementary School and Queen of Heaven Roman Catholic Church. THOMAS J. SPEYER for QUEEN OF HEAEN ROMAN CATHOLIC ELEM. SCHOOL CATHERINE B. DEMPSEY for KELLY BURKE CA AMANDA STOWE KAREN FURNESS Appeal from an order of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered January 28, The order denied the motion of defendant for summary judgment dismissing the complaint. RYAN K. CUMMINGS for KAREN FURNESS DAID P. FELDMAN for AMANDA STOWE

18 DAY CALENDAR Wednesday, April 5, :00 AM COURTROOM TP JUNIOR COLLINS ANTHONY ANNUCCI Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Michael M. Mohun, A.J.], entered November 14, 2016) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various inmate rules. LEAH R. NOWOTARSKI for JUNIOR COLLINS KATHLEEN M. LANDERS for ANTHONY ANNUCCI KA DAMIAN MACHADO-RODRIGUEZ Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered April 11, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree (two counts). SARA A. GOLDFARB for DAMIAN MACHADO-RODRIGUEZ JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK KA MELCHI N. JONES Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered May 15, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, improper lane: right turn, no seat belt and operating a motor vehicle without an inspection certificate. DAID M. ABBATOY, JR., for MELCHI N. JONES NANCY GILLIGAN for THE OF THE STATE OF NEW YORK KA SHANE R. HARESIGN Appeal from an order of the Oswego County Court (Donald E. Todd, J.), dated November 2, The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act. LINDA M. CAMPBELL for SHANE R. HARESIGN AMY L. HALLENBECK for THE OF THE STATE OF NEW YORK KA ALPHONSE B. LASSITER

19 Appeal from a judgment of the Monroe County Court (ictoria M. Argento, J.), rendered January 31, The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree. KIMBERLY F. DUGUAY for ALPHONSE B. LASSITER KELLY C. WOLFORD for THE OF THE STATE OF NEW YORK KA RICARDO LANE Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered June 23, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree. JOHN GILSENAN for RICARDO LANE JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK KA CHARLES REED Appeal from a judgment of the Monroe County Court (ictoria M. Argento, J.), rendered November 14, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree. JANE I. YOON for CHARLES REED KELLY C. WOLFORD for THE OF THE STATE OF NEW YORK KA MELCHI N. JONES Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered May 15, The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree. DAID M. ABBATOY, JR., for MELCHI N. JONES NANCY GILLIGAN for THE OF THE STATE OF NEW YORK KA DONALD C. FEDRICK, JR. Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered January 14, The judgment convicted defendant, upon a jury verdict, of attempted robbery in the first degree and assault in the second degree. KATHLEEN P. REARDON for DONALD C. FEDRICK, JR. DANIEL A. GROSS for THE OF THE STATE OF NEW YORK CAF IN THE MATTER OF JOHN F.

20 Appeal from an order of the Family Court, Ontario County (Craig J. Doran, J.), entered January 5, 2015 in a proceeding pursuant to Social Services Law 384-b. The order, among other things, adjudged that respondent had abandoned the subject children. SUSAN JONES for JOHN F. HOLLY AMY ADAMS for COMMISSIONER OF ONTARIO COUNTY SONALI R. SUARU, ATTORNEY FOR CHILD CAF ERION PIERCE DEBORAH J. PIERCE Appeal from an order of the Family Court, Onondaga County (Salvatore Pavone, R.), entered March 31, 2016 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner primary physical custody of the subject child and awarded respondent visitation with the subject child in Onondaga County as the parties mutually agree. DANIELLE BLACKABY for DEBORAH J. PIERCE ANTHONY P. ADORANTE for ERION PIERCE STEPHANIE N. DAIS, ATTORNEY FOR CHILD CAF IN THE MATTER OF NATAYLIA C.B. Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered March 2, 2016 in a proceeding pursuant to Family Court Act article 6. The order, among other things, terminated respondent's parental rights to the subject children. DANIELLE BLACKABY for CHRISTOPHER B. MAGGIE SEIKALY for ONONDAGA CO. DEPT OF CHILD SERICES ARLENE H. BRADSHAW, ATTORNEY FOR CHILD CAF IN THE MATTER OF NATAYLIA C.B. Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered September 28, The order settled the record on appeal CA DANIELLE BLACKABY for CHRISTOPHER B. MAGGIE SEIKALY for ONONDAGA CO. DEPT. OF CHILD SERICES ARLENE H. BRADSHAW, ATTORNEY FOR CHILD WILLIAM SCRUTON ACRO-FAB LTD. SETTLED

21 Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered December 24, The order, among other things, granted the motions of defendants Action Crane, Inc., and Timothy John Karkruff, doing business as Karkruff Construction & Design, seeking summary judgment dismissing plaintiff's complaint and all cross claims against them. MEGAN E. GRIMSLEY for ACRO-FAB LTD. EDWARD J. SMITH, III, for WILLIAM SCRUTON MARK D. GORIS for TIMOTHY JOHN KARKRUFF GLENN A. KAMINSKA for ACTION CRANE, INC CA DAID WEGMAN MARCO ALTIERI Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered January 15, The order, insofar as appealed from, granted in part plaintiff's motion for a preliminary injunction and required plaintiff to post an undertaking in the amount of $50,000. F. MICHAEL OSTRANDER for MARCO ALTIERI RICHARD A. MCGUIRK for DAID WEGMAN CA ANNIE MOSLEY STATE OF NEW YORK Appeal from a judgment of the Court of Claims (Renee Forgensi Minarik, J.), entered February 10, The judgment apportioned liability 75% to defendant and 25% to claimant. ROBERT M. GOLDFARB for STATE OF NEW YORK WILLIAM P. SMITH, JR., for ANNIE MOSLEY CA COUNTY OF SENECA MAXIM DEELOPMENT GROUP Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated March 23, The order denied the motion of respondent to reopen a default and reaffirmed a judgment of foreclosure. DIRK A. GALBRAITH for MAXIM DEELOPMENT GROUP FRANK R. FISHER for COUNTY OF SENECA OP STEEN R. BRANDON HON. CRAIG J. DORAN Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to review a determination of respondent. The determination sentenced petitioner to 30 days' incarceration and five years' probation. LINDSEY M. PIEPER for STEEN R. BRANDON FRANK BRADY for HON. CRAIG J. DORAN

22 529.0 CA MICHELLE MARIE PROENZANO JOE MARK PROENZANO Appeal from an order of the Supreme Court, Monroe County (Philip B. Dattilo, Jr., J.H.O.), entered February 19, The order, inter alia, increased the child support obligation of defendant. DONALD A. WHITE for JOE MARK PROENZANO MAUREEN A. PINEAU for MICHELLE MARIE PROENZANO EDWARD W. RILEY, ATTORNEY FOR CHILD CA IN THE MATTER OF HSBC BANK USA, N.A. Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 5, The order, among other things, granted petitioner's motion for attorney fees and costs and denied respondents' cross motion to disgorge fees. LAWRENCE J. KONCELIK, JR., for GRACIA E. CAMPBELL AMANDA L. LOWE for HSBC BANK USA, N.A CA IN THE MATTER OF MELISSA C. ENGLAND Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 5, The order, among other things, granted petitioners' motion for attorney fees and costs and denied respondents' cross motion to disgorge fees. LAWRENCE J. KONCELIK, JR., for GRACIA E. CAMPBELL AMANDA L. LOWE for HAZARD K. CAMPBELL, SR CA IN THE MATTER OF MELISSA C. ENGLAND Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 5, The order, among other things, granted petitioners' motion for attorney fees and costs and denied respondents' cross motion to disgorge fees. LAWRENCE J. KONCELIK, JR., for GRACIA E. CAMPBELL AMANDA L. LOWE for HAZARD K. CAMPBELL, SR TP JEAN OLIER JOSEPH A. D'AMICO Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [John A. Michalek, J.], entered March 3, 2016) to review a determination of respondent. The determination terminated the employment of petitioner. HAREY PHILIP SANDERS for JEAN OLIER JONATHAN D. HITSOUS for JOSEPH A. D'AMICO

23 DAY CALENDAR Thursday, April 6, :00 AM HON. SAMUEL L. GREEN COURTROOM KA KEIN J. DAIS, II Appeal from an order of the Erie County Court (Michael F. Pietruszka, J.), dated October 16, The order denied the motion of defendant to vacate a judgment of conviction. SHERRY A. CHASE for KEIN J. DAIS, II MATTHEW B. POWERS for THE OF THE STATE OF NEW YORK TP RONNIE COINGTON JOHN COLIN Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered June 8, 2016) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various inmate rules. RONNIE COINGTON for HIMSELF KATHLEEN M. TREASURE for JOHN COLIN KA BENANCIO ASQUEZ Appeal from an order of the Monroe County Court (James J. Piampiano, J.), entered January 14, The decision and order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act. KIMBERLY F. DUGUAY for BENANCIO ASQUEZ NANCY GILLIGAN for THE OF THE STATE OF NEW YORK KA CHRISTOPHER PERRIN Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered January 5, The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree. CARA A. WALDMAN for CHRISTOPHER PERRIN BRUCE A. ROSEKRANS for THE OF THE STATE OF NEW YORK KA CHRISTOPHER PERRIN Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered January 5, The judgment convicted defendant, upon his plea of guilty, of grand larceny in the fourth degree

24 CARA A. WALDMAN for CHRISTOPHER PERRIN BRUCE A. ROSEKRANS for THE OF THE STATE OF NEW YORK KA CHRISTOPHER PERRIN Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered January 5, The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree. CARA A. WALDMAN for CHRISTOPHER PERRIN BRUCE A. ROSEKRANS for THE OF THE STATE OF NEW YORK KA SONNY L. SMITH Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered March 17, The judgment convicted defendant, upon his plea of guilty, of menacing in the second degree (two counts). MARIO J. GUTIERREZ for SONNY L. SMITH CHRISTOPHER ALDINA for THE OF THE STATE OF NEW YORK KA DEMARIO SMITH Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered November 22, The judgment convicted defendant, upon a jury verdict, of murder in the second degree. DAID M. ABBATOY, JR., for DEMARIO SMITH MATTHEW B. POWERS for THE OF THE STATE OF NEW YORK KA JOSEPH J. GAMBALE Appeal from a judgment of the Monroe County Court (Douglas A. Randall, A.J.), rendered September 6, The judgment convicted defendant, upon a jury verdict, of robbery in the first degree. DREW R. DUBRIN for JOSEPH J. GAMBALE DANIEL A. GROSS for THE OF THE STATE OF NEW YORK KA INCENT S. LONG Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered February 13, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree. JOHN A. CIRANDO for INCENT S. LONG JOHN C. TUNNEY for THE OF THE STATE OF NEW YORK

25 543.0 KA INCENT S. LONG Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered February 13, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree. JOHN A. CIRANDO for INCENT S. LONG JOHN C. TUNNEY for THE OF THE STATE OF NEW YORK KA INCENT S. LONG Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered February 13, The judgment convicted defendant, upon his plea of guilty, of bribing a witness. JOHN A. CIRANDO for INCENT S. LONG JOHN C. TUNNEY for THE OF THE STATE OF NEW YORK KA EFRAIN SANTOS Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered June 27, The judgment convicted defendant, upon a jury verdict, 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 (two counts). PIOTR BANASIAK for EFRAIN SANTOS JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK CA DAID AHERN CITY OF SYRACUSE Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered April 19, The order denied the motion of defendant for summary judgment. JOHN A. SICKINGER for CITY OF SYRACUSE MICHAEL W. HARRIS for DAID AHERN CA ESTATE OF ROSE S. PELLEGRINO ERIE INSURANCE COMPANY Appeal from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered March 18, The order, insofar as appealed from, denied in part the motion of plaintiff for summary judgment and granted the motion of defendant to dismiss plaintiff's fourth cause of action. GREGG S. MAXWELL for ESTATE OF ROSE S. PELLEGRINO JOSEPH A. WILSON for ERIE INSURANCE COMPANY

26 549.0 CA MERCURY CASUALTY COMPANY LUIS F. REYES Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 14, The order denied plaintiff's motion to vacate that portion of a prior order of the court, granted on May 3, 2016, that awarded defendant costs and attorneys' fees from the plaintiff in the amount of $1, JASON TENENBAUM for MERCURY CASUALTY COMPANY JOHN R. CONDREN for LUIS F. REYES CA LOUIS JONES NYS DOCCS Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, J.), entered July 28, 2016 in a proceeding pursuant to CPLR article 78. The judgment reversed the determination of respondents and granted petitioner a de novo parole hearing. FRANK BRADY for NYS DOCCS ROBERT BARNES CALIHAN for LOUIS JONES CA BRUCE COLEMAN TREMARCO CORP. Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered March 4, The order granted the motion of defendants for summary judgment dismissing plaintiffs' claims for public nuisance and loss of sale proceeds and dismissing all claims by plaintiff Rochester Auto Maintenance, Inc., and denied the cross motion of plaintiffs for summary judgment. ALAN J. KNAUF for BRUCE COLEMAN BERYL NUSBAUM for TREMARCO CORP. 20 minutes 20 minutes CA TRACIE R. STRONG ST. THOMAS CHURCH OF IRONDEQUOIT Appeal from an order of the Supreme Court, Monroe County (Richard A. Dollinger, A.J.), entered February 11, The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint. MEGHAN M. BROWN for STEPPING STONES LEARNING CENTER CHARLES A. HALL for ST. THOMAS CHURCH OF IRONDEQUOIT TP MICHAEL D. DEMARCO NEW YORK STATE DEPARTMENT OF MOTOR EHICLES

27 Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by an order of the Supreme Court, Oneida County [Bernadette T. Clark, J.], entered July 1, 2016) to review a determination of respondent. The determination, among other things, suspended petitioner's license to operate a used vehicle dealership. NORMAN P. DEEP for MICHAEL D. DEMARCO PATRICK A. WOODS for NYS DEPARTMENT OF MOTOR EHICLES CA IN THE MATTER OF COUNTY OF MONROE (CIIL SERICE EMPLOYEES ASSOCIATION, INC.) Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered February 2, The order and judgment granted the petition of petitioner to stay arbitration and denied the cross motion of respondent to compel arbitration. JENNIFER ZEGARELLI for CIIL SERICE EMPLOYEES ASSOC., INC. KYLE W. STURGESS for COUNTY OF MONROE CA EILEEN MALAY CITY OF SYRACUSE Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered January 11, The order and judgment granted defendants' motion for summary judgment dismissing the complaint. FRANK S. GATTUSO for EILEEN MALAY MARY D'AGOSTINO for CITY OF SYRACUSE JOHN A. SICKINGER for GARY W. MIGUEL CA CHARADA T. STATE OF NEW YORK Appeal from an order of the Supreme Court, Oneida County (Louis P. Gigliotti, A.J.), entered August 4, 2016 in a proceeding pursuant to Mental Hygiene Law article 10. The order, insofar as appealed from, denied the motion of petitioner for a change of venue. BENJAMIN D. AGATA for CHARADA T. ALLYSON B. LEINE for STATE OF NEW YORK CA LIFCARE USA, LLC FIRST NIAGARA FINANCIAL GROUP Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 8, The order denied in part defendant's motion for summary judgment dismissing plaintiff's amended complaint. STEPHEN W. KELKENBERG for FIRST NIAGARA FINANCIAL GROUP THOMAS S. LANE for LIFCARE USA, LLC

28 558.0 NO APPEAL ASSIGNED TO THIS NUMBER

29 DAY CALENDAR Monday, April 10, :00 AM HON. SAMUEL L. GREEN COURTROOM TP TERENCE DAUM ANTHONY J. ANNUCCI Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [M. William Boller, A.J.], entered September 22, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated an inmate rule. TERENCE DAUM for HIMSELF ERIC T. SCHNEIDERMAN for ANTHONY J. ANNUCCI KA SEAN M. ICKERS Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered October 10, The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the second degree, attempted criminal sexual act in the first degree and attempted sexual abuse in the first degree. JOSEPH G. FRAZIER for SEAN M. ICKERS THOMAS H. BRANDT for THE OF THE STATE OF NEW YORK KA ROBERT L. JONES Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered October 2, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree. DAID R. JUERGENS for ROBERT L. JONES STEPHEN X. O'BRIEN for THE OF THE STATE OF NEW YORK KA JOSEAN A. RODRIGUEZ Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered November 12, The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree and attempted burglary in the second degree. JOSEPH G. FRAZIER for JOSEAN A. RODRIGUEZ THOMAS H. BRANDT for THE OF THE STATE OF NEW YORK KA CHAUNCEY STEWART SETTLED

30 Appeal from a judgment of the Supreme Court, Monroe County (Joanne M. Winslow, J.), rendered June 10, The judgment convicted defendant, upon his plea of guilty, of murder in the second degree. WILLIAM CLAUSS for CHAUNCEY STEWART KELLY C. WOLFORD for THE OF THE STATE OF NEW YORK KA STEPHEN L. MYERS Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered September 26, The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, burglary in the third degree and grand larceny in the fourth degree. CHARLES J. GREENBERG for STEPHEN L. MYERS HARMONY A. HEALY for THE OF THE STATE OF NEW YORK KA DENNIS TRIPLETT Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered January 2, The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree (three counts), assault in the first degree (three counts) and criminal possession of a weapon in the second degree. KRISTIN M. PREE for DENNIS TRIPLETT DANIEL J. PUNCH for THE OF THE STATE OF NEW YORK KA OMAR ANWAR Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered February 6, The judgment convicted defendant, upon a jury verdict, of rape in the first degree, criminal sexual act in the first degree (two counts), sexual abuse in the first degree, unlawful imprisonment in the second degree and assault in the third degree. NEAL WIESNER for OMAR ANWAR JAMES P. MAXWELL for THE OF THE STATE OF NEW YORK KAH EX REL. JOHN H. HADDOCK SANDRA DOLCE Appeal from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered December 31, 2014 in a habeas corpus proceeding. The order denied the petition. JOHN A. CIRANDO for JOHN H. HADDOCK MARTIN A. HOTET for SANDRA DOLCE

31 568.0 CA PATRICIA M. CLAUSS BANK OF AMERICA, N.A. Appeals from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered April 28, The order denied the motions of defendants for summary judgment. JAMES J. NASH for BANK OF AMERICA, N.A. ROBERT M. LIPPMAN for ILLAGE OF WILLIAMSILLE HEDWIG M. AULETTA for JONES LANG LASALLE AMERICAS, INC. EDWARD C. COSGROE for PATRICIA M. CLAUSS CA CAROL ZAZZARO HSBC BANK USA Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered December 14, The order, insofar as appealed from, granted the motions of defendants to dismiss the complaint and dismissed the complaint. TIMOTHY R. HEDGES for CAROL ZAZZARO ANDREW D. DRILLING for HSBC BANK USA CA WM. SCHUTT & ASSOCIATES ENGINEERING ST. BONAENTURE UNIERSITY Appeal from an order and judgment (one paper) of the Supreme Court, Cattaraugus County (Jeremiah J. Moriarty, III, J.), entered March 25, The order and judgment, insofar as appealed from, granted the motion of plaintiff for summary judgment against defendant James W. Manguso, doing business as Lauer-Manguso & Associates Architects. ROBERT W. MICHALAK for JAMES W. MANGUSO CHANEL T. MCCARTHY for WM. SCHUTT & ASSOCIATES ENGINEERING CA JASON PHILLIPS ANTHONY ANNUCCI Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered December 22, 2015 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition. ADAM W. KOCH for JASON PHILLIPS MARCUS J. MASTRACCO for ANTHONY ANNUCCI CA IN THE MATTER OF CITY OF BUFFALO (BRAND-ON SERICES, INC.) Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered January 11, The order granted petitioner's motion to dismiss the complaint of intervenor plaintiff Morton H. Wittlin. ADAM BRYCE CONNERS for MORTON H. WITTLIN