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State Courts -
New York - January 5, 2006
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Matter of Alston v. Goord, 98342,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Argentieri v. Goord, 97398,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Internal corrections department proceeding in which an officer was exonerated generated the very sort of personnel documents that were intended to be protected under N.Y. Civ. Rights Law § 50-a(1). Therefore, they, and other sensitive inmate information, were exempt from disclosure under N.Y. Pub. Off. Law § 87.
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Matter of Boland v. Town of Northampton, 98245,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Under both N.Y. C.P.L.R. 217 and laches principles, landowner and former zoning board member could not belatedly attack procedures followed in that board's adoption, years before, of amended zoning map that allowed building of condominium project of which the landowner disapproved.
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Matter of Bunting v. Goord, 98148,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: In a N.Y. C.P.L.R. art. 78 proceeding, a determination that an inmate was guilty of violating a prison disciplinary rule prohibiting weapons possession was affirmed; inasmuch as the weapon was found within his cell which he had occupied for over a month, an inference of possession arose. Denying him a photograph of the weapon was not prejudicial.
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Matter of City of Ithaca v. Civil Serv. Employees Assn., Inc., 98499,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Stay of arbitration of public employment labor dispute was proper under N.Y. C.P.L.R. 7503 where employee's suspension was mandated by medical review officer's nondelegable, unappealable finding that employee had failed to cooperate in random drug testing; officer's ruling took case outside collective bargaining agreement's arbitration provision.
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Matter of Comins v. Briggs, 98128,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Trial court properly granted sole legal and physical custody of the parties' children to the father in an action pursuant to N.Y. Fam. Ct. Act art. 6 and 8, as the mother's significant alcohol abuse problem and other significant lapses in parental judgment supported the finding that the father was best able to care for the children.
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Matter of Flores v. Dennison, 98544,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Gorghan v. De Angelis, 98874,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Defendant's conviction had been reversed for prosecutorial misconduct. A writ of prohibition to prevent retrial under Double Jeopardy Clauses of U.S. Const. amend. V and N.Y. Const. art. I, § 6 was denied as integrity of judicial process in first trial had not been impaired by prosecutor acting in bad faith to get defendant to move for mistrial.
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Matter of Green v. New York City Hous. Auth., 6897,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Kalwasinski v. Pataki, 97621,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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