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   State Courts - New York - January 4, 2007

  
Matter of American Comm. for the Weizmann Inst. of Science v. Dunn, 9927, File 312/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Matter of Cahill v. Goord, 501010, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: In an inmate's CPLR art. 78 proceeding, the trial court did not err in remitting the matter for a new hearing because the hearing officer's unsubstantiated refusal to allow the inmate to review certain letters, which played a significant role in the finding of guilt, offended only the inmate's regulatory, as opposed to his constitutional, rights.

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Matter of Cortorreal v. Goord, 99741, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Matter of Elijah Q. v. Wendy Q., 500263, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Family court's decision to remove the four children from the mother's care and place them in the custody of a social services department for one year was supported by sound evidence based upon the mother's struggle with her own mental health issues and the mother's continued refusal to have her children attend therapy and medical appointments.

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Matter of Maria Raquel L v. Anna V., 9940, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Order releasing child to father without mother's supervision was affirmed because evidence supported finding that mother engaged in excessive corporal punishment and hospital records and photographs corroborated caseworker's testimony as to marks on child's body, and her report of being struck by mother with belt under Family Ct Act § 1046(a)(vi).

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Matter of Martin v. Goord, 500281, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Matter of Meier v. Key-Meier, 98738, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Because the mother's willful interference with the father's visitation rights, by relocating to Montana without the father's consent, reflected poorly on her fitness as a custodial parent and revealed her disregard of the importance of the girls' relationship with him, the record fully supported the change in custody from the mother to the father.

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Matter of Moreira-Brown v. Commissioner of Labor, 500707, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Substantial evidence supported the Unemployment Insurance Appeal Board's conclusion that a claimant was not totally unemployed within the meaning of Labor Law § 591(1) and therefore was ineligible to received unemployment benefits because the claimant continuously operated a law practice during the period when he was receiving benefits.

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Matter of Moss v. Goord, 500307, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Matter of Palazzolo, M-5269, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided
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Overview: Court accepted 22 NYCRR 603.11 affidavit of resignation from practice of law submitted by attorney who had pleaded guilty to conspiracy to commit securities fraud and struck his name from roll of attorneys as he conceded that he could not defend charges and was aware of implications of submitting resignation, which he submitted freely.

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