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| Matter of Grella v. Hevesi, 500858,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Public employment retiree who was appointed judge of New York Court of Claims and then temporarily assigned to New York Supreme Court did not qualify for "elective public office" statutory exception in Civil Service Law § 150 because he was neither elected to nor appointed to any elective office under Retirement and Social Security Law § 101(d).
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| Matter of Hood v. Goord, 98720,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Substantial evidence to support guilt determination (of violating prison disciplinary rules prohibiting, inter alia, attempting to force others to engage in sexual acts after petitioner wrote sexually explicit letter to correction counselor) was presented in form of, inter alia, letter, exemplars of petitioner's handwriting, misbehavior report.
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| Matter of Jackson v. Smith, 99625,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Petitioner's request for a sentence to be imposed concurrently to prior undischarged sentences was properly denied because Penal Law § 70.25(2-a) required that the sentence be imposed consecutively as petitioner had been previously been sentenced as a persistent violent felony offender under Penal Law § 70.08.
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| Matter of Lee, [NO NUMBER IN ORIGINAL], (Attorney Registration No. 2870509),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: A motion insofar as it sought to impose reciprocal discipline upon an attorney (22 NYCRR 806.19) was granted in view of his disbarments in the District of Columbia and Virginia upon conviction of immigration fraud and money laundering. Because of the serious nature of the attorney's underlying criminal conduct, he was reciprocally disbarred.
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| Matter of Lifgren, 500788,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trustees were entitled to be discharged from their duties, pursuant to SCPA § 2107, without further accounting to the income beneficiaries because the beneficiaries had been fully informed, three years earlier, of the trust's desire to sell stock at a discounted rate to the son and the beneficiaries had not objected to the sale at the time.
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| Matter of Little v. Gaines Elec. Contr., Inc., 500983,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Workers' Compensation Board's decision that an apprentice was discriminated against by an employer in violation of Workers' Compensation Law § 120 was affirmed because the proof was sufficient to demonstrate a causal nexus between the apprentice's efforts to obtain benefits and the employer's allegedly retaliatory conduct.
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| Matter of Lozada v. New York State Div. of Parole, 500818,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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| Matter of Obregon v. Goord, 500558,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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| Matter of Somers v. Demco, No. 46 SSM 38,
COURT OF APPEALS OF NEW YORK, January 11, 2007, Decided
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Overview: State Insurance Fund's claim against the Special Disability Fund was properly determined to be timely because under Workers' Compensation Law § 15(8)(f), the 104-week limitation did not apply to a case that had been closed without a finding of permanent disability and then reopened.
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