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COURT OF APPEALS: October 16, 2018

COURT OF APPEALS: October 16, 2018

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CASESNo. 94. IN THE MATTER OF LETICIA D. ASTACIO, A JUDGE OF THE ROCHESTER CITY COURT, MONROE COUNTY. LETICIA D. ASTACIO, pet; NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, res — Determined sanction accepted, without costs, and Leticia D. Astacio removed from the office of Judge of Rochester City Court, Monroe County.Opinion Per Curiam.Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

No. 144 SSM 19. MARIE BRADLEY, &C., ET AL., app, v. HWA 1290 III LLC, ET AL., res — On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. To the extent that a violation of standards of the American National Standards Institute (ANSI) constitutes evidence of negligence (see Sawyer v. Dreis & Krump Mfg. Co., 67 NY2d 328 [1986]; Trimarco v. Klein, 56 NY2d 98 [1982]), plaintiffs’ reliance on those standards was proper. However, plaintiffs nevertheless failed to raise a triable question of fact as to whether defendants had either actual or constructive notice of the alleged dangerous condition.Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Wilson and Feinman concur. Judge Garcia took no part.No. 27. THE PEOPLE &C., app, v. RAYMOND CRESPO, res — Order reversed and case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.25[2][d]; 470.40[2][b]) and issues raised but not determined on the appeal to that court. Opinion by Chief Judge DiFiore.Judges Stein, Garcia and Scheinkman concur. Judge Rivera dissents and votes to affirm in an opinion, in which Judges Fahey and Wilson concur. Judge Feinman took no part.No. 96. DEUTSCHE BANK NATIONAL TRUST COMPANY, SOLELY IN ITS CAPACITY AS TRUSTEE FOR THE HARBORVIEW MORTGAGE LOAN TRUST SERIES 2007-7, app, v. FLAGSTAR CAPITAL MARKETS CORPORATION, def, QUICKEN LOANS, INC., res — Order affirmed, with costs, and certified question answered in the affirmative.Opinion by Judge Fahey.Chief Judge DiFiore and Judges Stein and Feinman concur.

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