Nelida Malave Gonzalez

An appeals court replaced Malave-Gonzalez’s juvenile delinquency finding for Jeffrey C. with a person-in-need-of-supervision finding. It corrected the number of admitted charges and found her original disposition unnecessarily restrictive.

January 10, 2008Opposes Criminal Justice and Civil Liberties

Source: nycourts.gov

Malave-Gonzalez suppressed an air gun recovered from Herman M. after a police frisk. She found that an anonymous robbery report and ordinary walking did not justify the immediate search without further inquiry.

October 23, 2006Supports Criminal Justice and Civil Liberties

Source: nycourts.gov

Malave-Gonzalez allowed Elijah W. to miss the complaining witness’s testimony at a probable-cause hearing to avoid a suggestive identification. She required him to attend the arresting officer’s testimony.

July 21, 2006Supports Criminal Justice and Civil Liberties

Source: nycourts.gov

Malave-Gonzalez dismissed juvenile charges arising from a stolen van after finding the prosecution had not proved the vehicle’s value or the child’s knowing involvement beyond a reasonable doubt.

June 28, 2006Supports Criminal Justice and Civil Liberties

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to let a juvenile waive attendance during medical testimony about her newborn’s death. It found the waiver informed and voluntary, supported by psychiatric evidence of likely harm.

April 25, 2006Opposes Criminal Justice and Civil Liberties

Source: nycourts.gov

Malave-Gonzalez created an alternative-dispute-resolution coordinator position in her court. Under the program, the Bronx Surrogate’s Court began referring cases to virtual mediation during the COVID-19 emergency.

October 21, 2026

Source: s3.amazonaws.com

Malave-Gonzalez led the Bronx Surrogate’s Court Help Center, which provided procedural information, court rules, forms and brochures to people representing themselves. The center provided information rather than legal advice.

October 21, 2026

Source: nycourts.gov

Malave-Gonzalez served on the administrative board overseeing the offices of New York’s public administrators, the officials who manage estates without an available qualified representative.

October 20, 2026

Source: nycourts.gov

Malave-Gonzalez continued serving the Advisory Committee on Judicial Ethics as a faculty member after her voting membership ended. The faculty supported the committee’s educational work.

October 20, 2026

Source: nycourts.gov

Malave-Gonzalez served on New York’s Judicial Committee on Elder Justice alongside judges, lawyers, health professionals and social-service officials.

October 20, 2026

Source: nycourts.gov

Malave-Gonzalez issued updated court rules requiring electronic filing in most estate matters while preserving exemptions for self-represented litigants and certain attorneys. The rules also required a court conference before discovery motions.

October 16, 2026

Source: webfiles.nycourts.gov

Malave-Gonzalez combined a request to remove the Neumann art trust’s trustee with its pending accounting case. She required further evidence before deciding removal and raised concerns about the trust’s lack of regular distributions.

January 10, 2024

Source: nycourts.gov

An appeals court largely upheld Malave-Gonzalez’s finding that a bank mishandled the Blumenkrantz trust’s property. It dismissed some lease-related objections but preserved findings concerning foreclosure delays, management failures and withheld income.

April 29, 2021

Source: nycourts.gov

Malave-Gonzalez chaired the First Department panel of the Advisory Committee on Judicial Ethics and served on its Judicial Campaign Ethics Subcommittee. These roles involved advising judges about professional and campaign conduct.

December 14, 2020

Source: history.nycourts.gov

Malave-Gonzalez judged the final round of CUNY Law’s 21st annual summer moot-court competition. Students presented appellate arguments about the Fourth Amendment and computer-fraud law.

October 7, 2016

Source: law.cuny.edu

Before becoming a lawyer, Malave-Gonzalez directed the Consumer Affairs office in East Harlem and later supervised more than 20 employees. She advanced from outreach work to managing staff and office operations.

February 20, 2013

Source: thebronxfreepress.com

Malave-Gonzalez mentored Rosanna Vargas, who interned with her for five years after meeting her through a landlord-tenant case. She and her staff encouraged Vargas to attend law school.

February 20, 2013

Source: thebronxfreepress.com

An appeals court largely upheld Malave-Gonzalez’s decision to let Augustin Delgado’s injury case proceed. It dismissed one claim concerning limits on daily activities but found other medical evidence required a trial.

January 13, 2010

Source: nycourts.gov

Malave-Gonzalez refused to dismiss an elderly cancer patient’s will objections for missing an in-person deposition during COVID-19. She ordered a video deposition from Florida instead.

August 19, 2020Favorable on Impartiality

Source: nycourts.gov

Malave-Gonzalez required an interpreter at the questioning party’s expense in an estate dispute, despite the witness’s conversational English. She also appointed separate representation for children whose interests conflicted with the adult’s.

September 16, 2019Favorable on Impartiality

Source: nycourts.gov

Malave-Gonzalez vacated a debt-collection judgment, arbitration award and income execution against Ojinga Austin. She found improper service and an arbitration forum biased toward the debt-collection industry, and dismissed the collection action.

August 7, 2012Favorable on Impartiality

Source: library.nclc.org

An appeals court upheld Malave-Gonzalez’s refusal to distribute Aleksander Guralny’s estate under an unfunded trust. It affirmed revocation of the administrator’s authority, appointment of the public administrator, and a kinship hearing.

October 15, 2026Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to dismiss objections to Jose Arias’s son serving as estate administrator. She required a hearing on claims that he collected rent without authorization, concealed income and used it personally.

June 22, 2026Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to reopen her ruling recognizing Milan Monroe as Wayne Dow’s daughter and sole heir. She maintained a $750 sanction against the siblings and their former lawyer and required reimbursement of Monroe’s summary-judgment legal fees.

June 18, 2026Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez reduced a disputed Medicaid claim against an injury settlement from $168,307.33 to $61,095.13. She cited contradictory city letters and uncertainty about treatment costs, then approved equal distribution of the remainder to the parents.

June 10, 2026Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed Belinda Alston’s son as estate administrator and disqualified her daughter. She found that unpaid apartment charges, disposal of property and denial of the son’s inheritance rights endangered the estate.

April 27, 2026Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez disqualified Alicia Pachis’s nominated co-executors after finding prolonged neglect and unauthorized financial arrangements. She retained a temporary public administrator and ordered steps to honor Pachis’s burial wishes.

October 7, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez authorized ejectment of Daphne Jones’s son from estate property for an estate sale. She accepted uncontested evidence of damage, threats and unpaid occupancy costs, and distinguished ejectment from tenant eviction.

August 21, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez ordered a $50,000 interim payment to a surviving spouse omitted from trust distributions. She required corrected accounts and suspended the related estate administrator’s authority for failing to notify four potential children.

August 19, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez required a trial on Lillian Long’s will after finding disputed evidence of capacity, proper signing and undue influence. She dismissed an unsupported forgery claim and objections unrelated to whether the will was valid.

August 18, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed a trusted family friend as temporary guardian after hearing that Joseph G. felt safe in his care. She authorized medical and disability-service decisions while the competing applications continued.

July 22, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed three of Earl Murray’s children as temporary estate administrators during a family dispute. She required a $300,000 bond, restricted property sales, and ordered them to keep the other heirs informed.

July 22, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed Medicaid reimbursement from Dennis Staine’s insolvent estate before any inheritance. She rejected a claimant’s hardship objection and found that the submitted documents did not establish she was his daughter.

June 30, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed the public administrator for Estelle Perry’s estate after finding her grandson ineligible to serve. She cited missing heirs’ consent, uncertainty over a required bond, and mounting apartment maintenance arrears.

April 22, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted a copy of Camille Lobuono’s missing will after accepting handwriting evidence and finding it had not been revoked. Its equal distribution matched the heirs’ shares without a will.

March 26, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez ordered a former estate administrator to return assets after finding he obtained roughly $730,000 through false kinship claims. She approved a $220,000 bond payment to the estate.

January 31, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez rejected two feuding grandsons as successor trustees because their hostility endangered a family trust. She appointed the public administrator and ordered them to surrender trust records and assets.

January 8, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez revoked an executor’s authority after a criminal guilty plea corroborated a false will and false family claims. She reopened Russell Butler’s estate and ordered assets returned to its rightful representative.

January 6, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted Mabel Thorne’s 42-year-old will under the ancient-document rule after witnesses were not located. She found it intact and kept in a natural place of custody.

January 3, 2025Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez approved a daughter’s appointment to administer Sylvia Robinson’s estate, rejecting unsupported objections from her brother. She restricted real-estate transfers and required protection for any sale.

December 27, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez rejected capacity and execution challenges to Joseph Bux’s will after further discovery. She preserved fraud and undue-influence objections for trial because accounts of his isolation conflicted.

December 19, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed the negligence claim brought by Patrick Baker’s estate against Santander Bank. She found that he authorized a settlement check’s deposit into his sister’s account and that the estate failed to support its forgery and banking-law claims.

October 18, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed two sons’ objections to their father’s will after they stopped pursuing the case. She found the will properly executed and admitted it to probate.

October 10, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to reopen a daughter’s default in an estate-administration dispute. She found no adequate excuse or strong competing claim, and cited prolonged delay and the risk to the property’s value.

July 8, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez required a hearing before admitting a copy of Ruben Rios’s missing will. She found that the daughter seeking probate had not yet overcome the presumption that he revoked the original.

June 18, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed unsupported objections and admitted Lanford Ricketts’s will. She refused to apply its forfeiture clause to a daughter who had received no gift under the will.

May 21, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez chose two siblings to administer Annie Williams’s estate after family conflict endangered its only property. She dismissed a competing petition and required a $455,000 bond.

April 26, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted a copy of Maryjane Hordines’s missing will after finding adequate proof that it was validly signed and had not been revoked.

April 22, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed an insurer’s attempt to reopen a $4 million wrongful-death settlement because affected heirs and other necessary parties had not been served. She allowed a properly filed proceeding.

April 16, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez reduced an estate lawyer’s fee to $12,500 after questioning incomplete billing records. She also refused to charge the estate for the lawyer’s separate litigation costs.

March 18, 2024Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez rejected a son’s effort to withdraw consent to his brother administering their father’s estate. She acknowledged court-processing errors and miscommunication, but found no supported basis to disqualify the brother.

December 29, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez ordered banks to return funds held in a deceased man’s neighbors’ accounts to his estate. She rejected their gift and compensation claims after an earlier guardianship ruling established ownership.

August 8, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez kept restrictions on selling a disputed estate property while consolidating the ownership dispute with an accounting. She permitted rent collection and necessary expenses to protect the property during litigation.

July 6, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed a demand for another formal accounting of the Nicole Symes special needs trust. She found procedural defects, accepted the beneficiary’s waiver, and found that trust records had already been provided.

July 3, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed use of bank records already produced in Robert Murray’s will dispute but quashed unanswered defective subpoenas. She required the requesting beneficiary to share the records with the preliminary executor.

July 3, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed Robert Scott’s preliminary executor to sell estate property threatened by foreclosure after posting a $565,000 bond. She rejected demands to delay the sale while other litigation continued.

June 5, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez rejected a daughter’s attempt to disqualify her brother as executor and admitted their father’s will. She required an accounting and halted distributions while financial questions remained unresolved.

April 25, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed Najai J. J.’s mother and her attorney as co-guardians of his property. She kept the funds under court control and deferred a guardian ad litem’s fee because no assets had been recovered.

April 25, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez paused collection of a $1.116 million default award in Martin Migliozzi’s estate. She ordered a hearing to determine whether the respondents had been properly served before deciding whether to reopen the judgment.

April 10, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to dismiss a receiver’s claims that Marco Eugene’s executor diverted estate rental income through unauthorized leases. She required the transferred property dispute to proceed in Surrogate’s Court while preserving a temporary restraint.

March 29, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez approved a supplemental-needs trust funded by Gladexis Q.’s inheritance. She required a bond, annual accounts and court approval of trustee compensation to protect the beneficiary and oversee the funds.

March 27, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted a photocopy of Louis Weisberg’s lost will after finding that his attorney had kept the original. She accepted witness affidavits and corroborating evidence of proper signing, capacity and the will’s contents.

March 22, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez held that Bernard Wood’s spouse waived statutory inheritance rights in a binding separation agreement. She allowed the probate petition to continue and declined to compel a property transfer in that proceeding.

February 3, 2023Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed most claims against Citibank over disputed estate withdrawals to continue, finding its defenses unproven. She dismissed claims against a Florida resident because the court lacked jurisdiction.

December 29, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed the Scott daughters’ separate fraud lawsuit against the preliminary executor and her son. She canceled a property notice and preserved proper routes for will objections, funeral reimbursement and later estate claims.

November 15, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed counsel to withdraw in Christel Baeslack’s estate and paused the case for replacement counsel. She rejected blanket sealing but protected specific attorney-client communications through targeted redactions.

November 7, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez ordered distribution of Kalief Browder’s settlement proceeds under his family’s agreement after objections were withdrawn. Her ruling resolved the estate distribution, following settlement of the underlying lawsuit in another court.

September 21, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed the executor named in Donato Nubile’s earlier will to participate in examinations concerning a later will. She found the request to exclude that executor premature before evidence established whether objections had merit.

September 7, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to dismiss a will case pending for over a decade. She found that both sides had contributed to delay and that disputed capacity questions required a trial.

August 9, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted Irene Provenzano’s handwritten hospital will and dismissed a son’s objections. She found that witnesses and medical records supported proper execution and capacity, with no proven fraud or undue influence.

July 13, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed a retiring co-administrator to resign from Michael Aglira’s estate. She approved his account but reduced requested legal fees by excluding work not yet performed and duties covered by the fiduciary role.

July 11, 2022Favorable on Legal Competence

Source: nycourts.gov

An appeals court modified Malave-Gonzalez’s ruling in Horace Bullard’s estate, enforcing a written agreement for 5% of specified property proceeds. It rejected oral-contract and service-payment claims that she had left for a hearing.

June 16, 2022Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez replaced Matthew C. B.’s mother as property guardian after substantial annuity payments went unreported. She appointed his brother, required an account, and kept the mother as guardian of his person.

May 17, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez denied both sides’ requests for judgment without trial in a contested will case. Conflicting witness accounts and questions about capacity and undue influence required further proceedings.

March 10, 2022Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed a successor trustee to distribute a long-unadministered family trust. She approved placing a disabled beneficiary’s share in a pooled trust, preserving access to government benefits.

December 22, 2021Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez denied a guardian’s request to give herself her daughter’s share of their apartment. She found no benefit to the daughter and a risk to essential Medicaid services.

December 16, 2021Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez recognized Richard Judkins as Maynell Thomas’s son after a hearing on his right to contest the will. She relied on credible witnesses who described Thomas openly acknowledging him as his child.

July 7, 2021Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted Marie Pepe’s will but appointed the public administrator instead of her nominated sons. She found that family hostility and unauthorized rent collections endangered the estate and ordered turnover of assets and records.

December 23, 2020Favorable on Legal Competence

Source: nycourts.gov

Before joining the bench, Malave-Gonzalez spent 13 years in general legal practice, representing clients across Bronx courts. She also served as an Environmental Control Board administrative law judge hearing local quality-of-life violations.

December 14, 2020Favorable on Legal Competence

Source: history.nycourts.gov

Malave-Gonzalez approved $5,108.75 in legal fees for replacing a supplemental needs trustee in Ruth Ferrin’s estate. She reduced expense reimbursement and rejected charges for pursuing the fee application.

October 22, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to dismiss an elderly cancer patient’s will objections for missing an in-person deposition during COVID-19. She ordered a video deposition from Florida instead.

August 19, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez rejected an estate’s challenge to a decades-old property transfer as untimely. She found that the administrator’s duty to identify assets required earlier discovery of the alleged fraud.

July 14, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez approved a settlement of competing will and trust disputes in Fani Weingarten’s estate. She admitted the 2014 will and dismissed the later will petition under the parties’ agreement.

June 22, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez approved investing guardianship funds for Anthony L.G. under court supervision. She limited investment risk, capped each holding at $50,000 and required funds for his continuing care to remain available.

April 15, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez approved a supplemental needs trust for Christopher J. A.’s settlement assets and home. She required a $1.675 million bond, restricted property transactions, and limited trustee commissions and fee payments.

March 16, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to approve Miguel Salazar’s contested will without a trial. An earlier guardianship court had invalidated related documents for incapacity, leaving unresolved questions about his ability to make the will.

March 6, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez refused to transfer Caterina A.’s guardianship case to another county. She found that continuity, the court’s prior work and the absence of a demonstrated benefit favored keeping it in the Bronx.

March 6, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed relatives’ request to withdraw about $185,000 from an estate because they had not adequately proved their family relationships. The funds remained with the state comptroller.

March 6, 2020Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez reduced legal fees charged in Patrick Rivera’s estate by excluding travel and routine office costs. She required the disabled mother’s remaining share to be held under court supervision.

September 30, 2019Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez required an interpreter at the questioning party’s expense in an estate dispute, despite the witness’s conversational English. She also appointed separate representation for children whose interests conflicted with the adult’s.

September 16, 2019Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s award of statutory prejudgment interest to Harry Rodman’s estate. It found that the unpaid interest on a promissory note caused a separate loss that justified compensation.

May 21, 2019Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez authorized distribution of a $2.5 million settlement in Nancy Barbosa’s estate between her husband and daughter. She allocated the proceeds to personal injury and conscious suffering after another court approved the underlying settlement.

October 11, 2018Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez recognized Domingo Huertas’s surviving spouse’s right to a share of his city pension death benefits. She required final calculations based on all estate assets and debts after the death certificate was corrected.

September 17, 2018Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted Rosemary Hutchinson’s will in its original form and rejected later handwritten changes. The alterations had not followed the legal formalities required to change a will.

June 4, 2018Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez stopped release of bank records sought through a private letter in an estate dispute. She required formal disclosure procedures and denied the executor’s request to sanction the spouse who objected.

February 28, 2018Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed unsupported objections to Harry Brown’s estate accounting. She limited a separate lawyer’s fee award to $4,085 because that was the amount supported by submitted time records.

December 20, 2017Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s enforcement of settlements in the Solomon and Hernesh estates. It found that signed agreements were definite and that Mae Marlow had authorized her lawyer to settle.

October 31, 2017Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s admission of Miriam Schwartz’s will. It found no supported challenge to execution, capacity, undue influence or fraud, and accepted the explanation for the disputed bequests.

October 19, 2017Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s $200,000 bond requirement for Shirley Feuerstein’s supplemental needs trust. It found that the will waived a bond and that she relied on a withdrawn trust document.

February 28, 2017Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez appointed a temporary public administrator to protect Clarence Lewis’s estate during a disputed-heirship case. After sibling DNA testing, she kept parentage and permanent administration questions for trial rather than treating the tests as conclusive.

February 14, 2017Favorable on Legal Competence

Source: nycourts.gov

An appeals court changed Malave-Gonzalez’s equal division of a marital home to give the wife 95%, citing severe domestic violence. It also added child-support arrears that her ruling had omitted.

December 22, 2016Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to open sealed adoption records. It found that the applicant had not shown good cause even though the people involved in the adoption had died.

June 30, 2016Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to expand discovery in Basil Constant’s will dispute. It found no special circumstances to examine an earlier will outside the usual discovery period.

May 5, 2015Favorable on Legal Competence

Source: nycourts.gov

An appeals court restored a former wife’s right to a quarter of pension benefits that Malave-Gonzalez’s later order had limited. It found that the retirement plan had transferred and that the settlement covered both plans.

April 21, 2015Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez gave the public administrator control of Gladys Allen’s estate after competing applicants failed to obtain the heirs’ required consents. She ruled that the applicants had not established priority to serve.

January 15, 2015Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to admit Soilo Velasquez’s disputed will without a trial. Witness affidavits raised questions about whether he was at the claimed signing location when the will was executed.

October 23, 2014Favorable on Legal Competence

Source: nycourts.gov

An appeals court overturned Malave-Gonzalez’s temporary maintenance ruling in Francis v. Francis. It required reconsideration of housing costs and legal fees, citing an omitted expense analysis and a mathematical error.

November 12, 2013Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Pomona Medical Diagnostic’s insurance claim. It found that the provider’s mailing evidence failed to show compliance with the insurer’s verification requests.

October 28, 2013Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez admitted a photocopy of Catherine Cafferky’s missing will based on evidence that the original stayed with its deceased drafting lawyer. She rejected the separate ancient-document claim because the will was under 30 years old.

January 29, 2013Favorable on Legal Competence

Source: nycourts.gov

An appeals court ordered a new trial after Malave-Gonzalez dismissed Angelo Sanchez’s claim over cash in a lost wallet. It found that her unexplained dismissal denied him a chance to address perceived gaps in proof.

October 22, 2012Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s award of no-fault benefits to Bronx Expert Radiology. It found that the Motor Vehicle Accident Indemnification Corporation failed to support its defense that another insurer covered the accident.

August 29, 2012Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez vacated a debt-collection judgment, arbitration award and income execution against Ojinga Austin. She found improper service and an arbitration forum biased toward the debt-collection industry, and dismissed the collection action.

August 7, 2012Favorable on Legal Competence

Source: library.nclc.org

An appeals court reversed Malave-Gonzalez’s refusal to excuse East Coast Petroleum’s supposed default on a counterclaim. It found that no reply was legally required and dismissed the theater’s abuse-of-process claim.

January 25, 2012Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s $2,750.28 award to Bronx Expert Radiology because the provider had not justified its late claim. It also upheld her refusal to dismiss the case at the transit authority’s request.

August 18, 2011Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed Maria Quinones’s street-injury claims against New York City because prior written notice was not shown. She allowed the case against Con Edison to continue after witnesses raised factual questions about its work at the site.

July 6, 2011Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s award of no-fault benefits to Omega Medical Diagnostic. It found no supported challenge to the patient’s eligibility or compliance with the claims law.

February 25, 2011Favorable on Legal Competence

Source: nycourts.gov

An appeals court required Malave-Gonzalez to explain the factual basis for her $878.13 small-claims judgment in Quinones v. Diaz. It held the appeal open because she had issued no adequate findings or rationale.

February 25, 2011Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to restore the Logronos’ case to the trial calendar. It found that their request was an untimely effort to reargue earlier orders and gave no basis to reopen them.

January 14, 2011Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Edward Garcia’s injury claim against Juan Martinez. It found that missing treatment records and delayed medical assessments failed to establish a serious injury.

December 30, 2010Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to reopen a self-represented plaintiff’s case. It found a reasonable excuse for the missed conference and a potentially valid injury claim.

December 3, 2010Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s dismissal of Katherine Grullon’s injury case. It found no timely objective medical evidence of a serious injury and no adequate explanation for gaps in treatment.

November 10, 2010Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Briack Samedy’s injury case. It found no supported serious-injury claim and granted judgment to all defendants after reviewing the record.

February 17, 2010Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s $8,333.41 credit-card judgment for Citibank after trial. It found that Joseph Leon failed to object to itemized statements within a reasonable time.

December 29, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s $3,870 award for an allegedly stolen motorcycle. It found that the parking arrangement created no bailment and that negligence had not been proved.

November 25, 2009Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Kun Hee Lee’s injury case. It cited unexplained treatment gaps and insufficient medical evidence that the accident caused a qualifying serious injury.

November 19, 2009Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s dismissal of claims against a driver and car service after an intersection crash. It found no supported evidence that the driver, who had the right of way, was speeding.

November 6, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s dismissal of a homeowner’s contract claim after trial. It agreed that the contractor substantially performed and that the homeowner improperly stopped the remaining work.

June 29, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to grant conditional indemnification in a dental malpractice case. It found that a dentist’s contract required him to cover his employer’s liability arising from his treatment.

May 21, 2009Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed a lawsuit seeking damages for fear of HIV infection after a needle incident. An appeals court affirmed because the plaintiff supplied no evidence of actual exposure or exceptional circumstances.

May 5, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court reinstated Jamalle Walker’s injury case after Malave-Gonzalez dismissed it. It found that chiropractic tests, MRI evidence and an explanation for ending treatment raised a triable serious-injury question.

April 27, 2009Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s dismissal of a commercial eviction case and reinstated the landlord’s default judgment. It found that the occupant’s fixed possession agreement had expired and no additional notice was required.

April 8, 2009Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to dismiss Villanueva’s injury case. It found that quantified movement limits and the treating doctor’s assessment raised a factual issue requiring trial.

April 3, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to restore Jose Garcia’s case to the trial calendar. It found a reasonable excuse for delay, a potentially valid claim, and no prejudice from resuming the case.

March 5, 2009Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s dismissal of Maria Khoury’s injury case. It found that her doctor did not adequately address similar injuries from earlier accidents or connect the claimed injuries to this crash.

January 29, 2009Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s juvenile delinquency ruling and one year of probation for Marlon B. It found sufficient evidence of unlawful imprisonment and menacing and agreed that probation was the least restrictive suitable response.

May 6, 2008Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to dismiss Barry Bhoye’s injury case. The defense doctors had not addressed MRI evidence of bulging discs when disputing whether the injuries met the legal threshold.

March 27, 2008Favorable on Legal Competence

Source: nycourts.gov

An appeals court replaced Malave-Gonzalez’s juvenile delinquency finding for Jeffrey C. with a person-in-need-of-supervision finding. It corrected the number of admitted charges and found her original disposition unnecessarily restrictive.

January 10, 2008Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s vehicle-use and burglar’s-tools findings against Daniel C. and Wader A. Their separate dispositions imposed probation on Daniel and a conditional discharge on Wader.

January 3, 2008Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez excluded late-disclosed emergency-call records in Awilda Solano’s police-vehicle crash case. She found repeated failures to disclose the records and allowed the officer to testify from personal recollection.

November 15, 2007Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s juvenile delinquency ruling and one year of probation for Davaun M. It found sufficient evidence that he knowingly resisted arrest after attempting to assault a school safety agent.

October 11, 2007Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s juvenile delinquency ruling and one year of probation for Victor M. It found sufficient evidence that he physically obstructed school officers and resisted arrest.

October 11, 2007Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Alexander Molina’s injury case. It found that medical evidence showed his injuries had resolved and that he had not met the serious-injury threshold.

July 13, 2007Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed RJ Medical’s no-fault insurance claim after the provider offered only an unanswered notice to admit. She ruled that this discovery device did not replace evidence of the claim’s central facts.

May 23, 2007Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez awarded medical providers overdue no-fault benefits after the insurer missed its deadline to pay or deny the claims. An appeals court affirmed the $31,980.06 judgment.

May 8, 2007Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s refusal to dismiss Lisa O’Connor’s injury case. It found that the defense medical reports were not properly sworn and allowed the defendants to renew their request with proper evidence.

May 4, 2007Favorable on Legal Competence

Source: caselaw.findlaw.com

Malave-Gonzalez denied Leasecomm’s request to enforce a Massachusetts default judgment. The company had not shown that it met a federal consent order’s requirement to notify the customer about transferring the case locally.

March 1, 2007Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s discovery orders in consolidated Rose Medical Acupuncture insurance cases. The orders compelled disclosure and denied the providers’ requests for protective orders.

January 26, 2007Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez suppressed an air gun recovered from Herman M. after a police frisk. She found that an anonymous robbery report and ordinary walking did not justify the immediate search without further inquiry.

October 23, 2006Favorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s discovery orders in two related acupuncture providers’ insurance cases. It found good cause to investigate the insurer’s claim that the practices were improperly incorporated.

October 5, 2006Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez allowed Elijah W. to miss the complaining witness’s testimony at a probable-cause hearing to avoid a suggestive identification. She required him to attend the arresting officer’s testimony.

July 21, 2006Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed juvenile charges arising from a stolen van after finding the prosecution had not proved the vehicle’s value or the child’s knowing involvement beyond a reasonable doubt.

June 28, 2006Favorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez found that Rongene D. participated in a group robbery of a cellphone. After hearing conflicting testimony, she found robbery, theft, stolen-property and menacing allegations proved beyond a reasonable doubt.

June 27, 2006Favorable on Legal Competence

Source: nycourts.gov

An appeals court reinstated a default judgment that Malave-Gonzalez had vacated in Chrysler Financial’s collection case. It preserved a hearing on whether wage garnishments exceeded the amount owed.

May 18, 2006Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to let a juvenile waive attendance during medical testimony about her newborn’s death. It found the waiver informed and voluntary, supported by psychiatric evidence of likely harm.

April 25, 2006Unfavorable on Legal Competence

Source: nycourts.gov

An appeals court upheld Malave-Gonzalez’s decision to reopen an insurer’s default but increased compensation to the provider from $250 to $750. It found adequate grounds to decide the insurance dispute on its merits.

December 19, 2005Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Peggy McIntosh’s injury case. It found that the medical evidence did not establish serious injury and dismissed the claims against both defendants.

December 14, 2005Unfavorable on Legal Competence

Source: nycourts.gov

Malave-Gonzalez dismissed Choicenet Chiropractic’s insurance claim after the provider was barred from presenting evidence for failing to comply with discovery. Another court later treated that dismissal as preventing the same claim from being relitigated.

September 7, 2005Favorable on Legal Competence

Source: nycourts.gov

An appeals court reversed Malave-Gonzalez’s refusal to dismiss Kojo Apeakubi’s injury case. It found that the alleged sprains and strains did not meet New York’s serious-injury threshold.

August 10, 2005Unfavorable on Legal Competence

Source: nycourts.gov