Published Appeals

This page is designed to show some of Ms. Michalczyk's work in appellate court. This is an incomplete list, it is simply designed to show a few cases that Ms. Michalczyk has tried.

White v. Mazzella White, 60 AD3d 1047 (Appellate Division Second Department [2009]), wherein the Supreme Court erred in determining that the Trustee in bankruptcy had the power to enter into a stipulation determining defendant's equitable interest in the marital residence, in precluding the defendant from being heard on the question of the distribution of that asset, and in entering judgment in accordance with that stipulation. Read full decision: White v. Mazzella White 

Blackman v. Blackman, 131 Ad2d 801, 517 NYS 2d 167 (Appellate Division Second Department [1987]), affirmed in part, reversed in part, directing the father to pay health insurance and medical costs for the infant child, and reversing the vacatur of the income execution. 

Gross, et al.  v. Levine, et al., __ AD2d__, __ NYS2d __ (Appellate Division Second Department [1989]), lv. denied 74 NY2d 610, 545 NE 2d 868, 546 NYS 2d 554 (1989), rearg denied, 74 NY2d 945,549 NE2d 481, 550 NYS 2d 279 (1989). Levine, et al. v. Gross, et al., 177 AD 2d 290, 575 NYS 2d 864 (Appellate Division First Department [1991]), where the Court affirmed an order that granted the law firm's motion for summary judgment that dismissed the beneficiaries' negligence and legal malpractice complaint against the law firm and that denied the beneficiaries' for summary judgment.

Legal Definitions

Will:    A document by which a person (the testator) regulates the rights of other over his or her property or family after death.

Trust: Property held by one for the benefit of another. 
Revocable Trust - A trust instrument that can be changed during the Settler’s lifetime (person creating the Trust). 
Irrevocable Trust- A trust instrument that cannot be changed during the Settler’s lifetime (person creating the Trust.) 
Health Care Proxy- A document appoints an individual (a proxy) to direct health care decisions should be principal be unable to do so.
Power of Attorney- A document in which a person designates another to handle affairs for him or her during certain times during his life. 
Living Will-A document with specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in come case forbidding treatment and sometimes nutrition and hydration should the principal be unable to give informed consent due to incapacity.

Specifics on Issues

Divorce and Property Settlements and Equitable Distribution:  Mildred Michalczyk has extensive experience in the areas of property settlements and equitable distribution. 

Pension, Profit Sharing, and Retirement Accounts:    Mildred Michalczyk is familiar with  division of pension and profit sharing plans, 401 K plans, and other type of retirement accounts.   

Business Valuations: Mildred Michalczyk is also familiar with complicated  issues involving business valuations, issues regarding distributions, stock in a closely held corporation, and dividends.   

Professional Valuations:  Mildred Michalczyk can also assist with  professional valuations, and other non-tangible assets, such as valuations of educational degrees which have enhanced earnings.   

Court Appointed Neutral Forensic Evaluators:     Mildred Michalczyk is fully familiar with most "Neutral Forensic Evaluators" that the Court Appoints to assist with business valuations and can let you know what documents to allow the valuation to proceed and whether you should hire your own expert. 

Appellate Practice: The reported and unreported decisions of Blackman v. Blackman, Gross v. Levine, In the Matter of Randall v. Randall Comfort v. Lynch. The appeals involve the issues of Family Court Jurisdiction, Relocation, Legal Malpractice, Breach of the Judiciary Law, and Property Settlements and Exclusive Occupancy of the Marital Residence.