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State Courts -
New York - January 5, 2006
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Matter of Kosilla v. Hevesi, 98634,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: State employee's action pursuant to N.Y. C.P.L.R. art. 78 challenging the denial of retirement benefits pursuant to N.Y. Retire. & Soc. Sec. Law § 363 was affirmed, as there was sufficient evidence to show that the worker's back injury did not prevent him from returning to his work as a firefighter.
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Matter of Laszlo N. Tauber & Assoc. I, LLC v. Alliance Capital Mgt. L.P. , 6931-6931A,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: In action regarding protest of a rent escalation statement, landlords' petition to permanently stay arbitration was denied because, while tenant's request to audit the statement was not sufficient notice of disagreement, tenant's subsequent protest was sufficient as landlords failed to properly serve the tenant's counsel as required by the lease.
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Matter of Murray v. Kelly, 7480,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Nuzzo v. Horn, 7481,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Rafferty v. Four Corners, LLC, 98002,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Substantial evidence supporting a workers' compensation board finding that a worker's disability should be apportioned between two injuries that occurred years apart included the worker's own work history and his statements to his treating physicians over the years, making it clear that he had continuing back problems.
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Matter of Rivera v. Dennison, 98447,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Rosario v. Goord, 98049,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: In a proceeding pursuant to N.Y. C.P.L.R. art. 78 a prison misbehavior report, which contained a detailed account of an inmate's concealment of a foreign object in his mouth and false representations to a nurse, provided substantial evidence supporting the determination of guilt.
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Matter of Sandra J. v. Toyie D.H., 7507, 7507A, 7507B, 7507C, 7507D,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Stein v. New York State Dept. of Transp., 98216,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Since agency gave plausible explanation of its difficulty in interpreting wording of petitioner's FOIL requests and petitioner's flat refusal to provide any clarification, appeals court was satisfied that descriptions were insufficient and limited disclosure made in response to these requests was justified under N.Y. Pub. Off. Law § 89(3).
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