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State Courts -
New York - January 5, 2006
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Matter of Taylor v. New York City Police Dept. FOIL Unit, 7493,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Wilder v. Bufe, 15357, 97672,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: In an action pursuant to N.Y. Fam. Ct. Act. art. 4, the trial court erred in finding a father in willful violation of a child support order, as the father was entitled to assistance of counsel pursuant to N.Y. Fam. Ct. Act § 262(a)(vi), and the father was never notified of that right by the support magistrate or the family court.
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Matter of Wilkerson v. Travis, 97708,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Williams v. Goord, 97902,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Matter of Witham v. Commissioner of Labor, 97881,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Even though there was little activity, pending its sale, at corporation of which unemployment benefits applicant was president, her activity in signing checks as needed on corporate account and likelihood that she would receive windfall when sale occurred prevented her from being totally unemployed as required by New York law.
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Matter of Yalowitz v. Prudential Equity Group LLC, 7064,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Employees' motion to vacate an arbitration award was properly denied; there was nothing in the award language or the record indicating that a finding of fraud was made. Rather, the award on the employees' counterclaims could be rationalized, or at least "barely colorably justified" as an equitable allocation of moneys between the parties.
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Matter of Zimmerman v. Quality Inn, 97286,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Workers' Compensation Board's shift of liability from employer's carrier to Special Fund for Reopened Cases under N.Y. Workers' Comp. Law § 25-a(1) was not premature because nothing in relevant precedent would resurrect abandoned issue, based on untimely appeal of fraud finding, of employee's entitlement to future wage replacement benefits.
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NWE Corp. v. Atomic Risk Mgt. of N.Y., Inc., 6289N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Penquin Tenants Corp. v. Ellenberg, 7489,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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