MATTER OF TAUB v. ALTMAN


3 N.Y.3d 30 (2004)

814 N.E.2d 799

781 N.Y.S.2d 492

In the Matter of SHERMAN F. TAUB et al., Appellants, v. HERBERT I. ALTMAN, as Justice of the Supreme Court of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 2004.


Attorney(s) appearing for the Case

Stillman & Friedman, P.C., New York City (Nathaniel Z. Marmur, Charles A. Stillman and Peter A. Chavkin of counsel), for appellants.

Robert M. Morgenthau, District Attorney, New York City (Deborah Hickey, AmyJane Rettew and Ellen Nachtigall Biben of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT and R.S. SMITH concur with Chief Judge KAYE; Judge READ dissents and votes to affirm in a separate opinion in which Judge GRAFFEO concurs.


OPINION OF THE COURT

Chief Judge KAYE.

Defendants Sherman Taub, a Queens County resident, and International Mortgage Servicing Company (IMSC), a New Jersey limited liability company in which Taub owns a half interest, were indicted by a New York County grand jury on 34 counts arising from an alleged scheme to steal millions of dollars through the imposition of allegedly inflated mortgages on Ocean House Center, a Queens County not-for-profit adult home for...

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