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State Courts -
New York - January 16, 2007
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Matter of Adult Home at Erie Sta., Inc. v. Assessor & Bd. of Assessment Review of City of Middletown, 2005-08254, (Index Nos. 4842/01, 7980/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Trial court erred in not declaring nonprofit adult home operator exempt from real property taxes for tax years 2001-02 and 2002-03 under RPTL 420-a because evidence showed that property was used exclusively for charitable purposes. Fact that some residents could pay regular room rates with private funds did not alter operator's charitable nature.
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Matter of Goodale v. Nash, 2006-05435, (Docket Nos. V-20971-05, V-20972-05, V-20977-05, V-20978-05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Matter of Jonathan A., 2005-06966, (Docket No. D-20215-04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because the identification testimony of the complainant was sufficient to establish a juvenile's identity as one of the assailants, the evidence was legally sufficient to adjudge the juvenile to be delinquent for committing an act that, if committed by an adult, would have constituted the crime of third-degree assault.
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Matter of O'Shea v. State of New York, 2006-01113, (Claim No. 101626),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because a claimant's motion for leave to file a late claim provided the State with timely notice of all of the relevant facts and allegations giving rise to the claimant's proposed medical malpractice claim, the purpose underlying Court of Claims Act § 11(b) was clearly served; thus, the State's motion to dismiss the claim was properly denied.
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