Argued May 10, 2000. Decided June 8, 2000. APPEAL, in the first above-entitled proceeding, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered July 6, 1999, insofar as it affirmed an order and judgment (one paper) of the Supreme Court (Alfred J. Weiner, J.), entered in Rockland County in a proceeding pursuant to Mental Hygiene Law article 81, appointing Kashmira Shah as the guardian of Bipin Shah and directing

No. 2008-10295. December 8, 2009. In a probate proceeding, in which Cynthia P. Schneider petitioned, inter alia, to invalidate an inter vivos trust, the petitioner, as the preliminary executor of the Estate of Judith N. Doman, appeals from an order of the Surrogate's Court, Suffolk County (Czygier, S.), dated September 23, 2008, which granted the pre-answer motion of the coexecutors of the estate of Nicholas Doman to dismiss the petition pursuant to CPLR 3211. Arnold Porter, LLP, New York, N.Y. (Charles

2004-01399. June 6, 2005. In an action, inter alia, to recover damages for tortious interference with business relations, conversion, unjust enrichment, and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Austin, J.), dated January 12, 2004, which granted the motion of the defendants James Perrone and Cynthia Harty and the separate motion of the defendant Ferrari Funding, Ltd., to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) insofar

December 26, 1996 Appeal from the Supreme Court, Broome County, Patrick D. Monserrate, J. Howard Schultz, Department of Social Services, Binghamton, for appellant. Levene, Gouldin Thompson, Binghamton (Kathryn Grant Madigan of counsel), for Irene XX., respondent. Robert E. Leamer, Binghamton (Donald P. Carlin of counsel), for Ideal Senior Center, respondent. Robert R. Clobridge, Binghamton, for Katherine A. Clobridge, respondent. MERCURE, J. By order and judgment entered July 6, 1994, petitioner

November 3, 1994 Russo Atlas, Westbury, for Barry M. Goldblatt and another, guardians. G. Oliver Koppell, Attorney-General, Mineola (Michele M. Woodard of counsel), for New York State Department of Social Services. C. RAYMOND RADIGAN, J. In this proceeding under SCPA article 17-A, the guardians of the adult disabled person apply for court approval of the establishment of a supplemental needs trust (SNT). New York now by statute authorizes creation of a SNT in which the beneficiary is the creator

Decided and Entered: April 19, 2001. Appeal from an order of the Surrogate's Court of Warren County (Austin, S.), entered January 18, 2000, which determined that petitioner was entitled to take an elective share against the estate of his deceased wife. Newell Toomey (Michael J. Mercure of counsel), Glens Falls, for appellant. Kenneally Tarantino (Dennis J. Tarantino of counsel), Glens Falls, for respondent. Before: Cardona, P.J., Crew III, Peters, Spain and, Carpinello, JJ. MEMORANDUM AND ORDER Crew

89720A, 89720B Decided and Entered: October 17, 2002. Appeals (1) from an order of the Surrogate's Court of Rensselaer County (Hummel, S.), entered May 23, 2001, which, inter alia, denied petitioner Mental Hygiene Legal Service's application pursuant to EPTL 7-1.12 to establish a supplemental needs trust on behalf of Thomas C., and (2) from that part of a decree of said court, entered August 20, 2001, which, inter alia, approved the terms of a supplemental needs trust established by petitioner Brian

(a) Inter vivos trusts created before August 11, 1993. In determining the initial or continuing eligibility of any person applying for or receiving MA, there must be included in the amount of income and resources considered available to such person the maximum amount of payments that may be permitted to be distributed under the terms of an MA-qualifying trust, assuming the full exercise of discretion by the trustee or trustees. For purposes of this subdivision, an MA-qualifying trust is a trust or