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State Courts -
New York - January 10, 2006
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In re Haberman, 2004-04345,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because an attorney neglected a legal matter for a seven-year period and falsely informed a client that he had re-filed a document with a court, the attorney violated N.Y. Code Prof. Resp. DR 6-101(a)(3), 1-102(a)(5), 1-102(a)(4), N.Y. Comp. Codes R. & Regs. tit. 22, §§ 1200.30(a)(3), 1200.3(a)(5), (a)(4); the attorney was publicly censured.
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In re Milano, 2005-09482,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because an attorney acknowledged that he could not defend himself on the merits against charges and allegations, inter alia, of misappropriation and commingling of client funds, the attorney's N.Y. Comp. Codes R. & Regs. tit. 22, § 691.9 resignation was accepted and pursuant to N.Y. Jud. Law § 90, the attorney was disbarred.
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Integrated Bev. Group, Ltd. v. New York State Liquor Auth., 5860 Index 112897/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Overview: Because the State Liquor Authority had a rational and non-arbitrary basis under N.Y. Alco. Bev. Cont. Law § 107-a(2) for concluding that an applicant's proposed labeling presented an unacceptable risk of deceiving the public about the nature of its product, the trial court properly denied the applicant's petition to annul the Authority's decision.
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Izko Sportswear Co., Inc. v. Flaum, 2004-00279, 2004-01167, 2004-05260, Index No. 1535/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because the attorneys sought to dismiss the clients' N.Y. Jud. Law § 487 malpractice action pursuant to N.Y. C.P.L.R. § 3211(a)(7), the claim that the attorneys intentionally deceived the clients and a bankruptcy court with respect to a conflict of interest had to be accepted as true, which made the claims sufficient to withstand dismissal.
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Matter of Correia v. Incorporated Vil. of Northport, 2004-06070,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: In a public employee disciplinary matter, village trustees did not comply with court's earlier directions when, upon being directed to arrange de novo review by an impartial person, they delegated the review to a subcommittee of three trustees and endorsed their findings.
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