909 N.E.2d 1235, 881 N.Y.S.2d 397 Matter of Delano v. Desimone. Court of Appeals of the State of New York. Decided June 4, 2009. Appeal from the 2d Dept: 60 AD3d 673. Motions For Leave To Appeal denied. Tagged: 881 N.Y.S.2d 397909 N.E.2d 1235