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State Courts -
New York - January 10, 2006
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Matter of Derek G., 2005-01120,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Police had probable cause to arrest high school student once someone noticed a gun in his backpack, in the classroom, so subsequent search, conducted in the principal's office, which yielded ammunition, was a proper search incident to a lawful arrest.
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Matter of Donald J., 7526,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Matter of Gelsomino v. City of New Rochelle, 2004-07209, Index No. 14552/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Eminent domain award that included nearly $ 100,000 in lost development potential and additional amounts under N.Y. Em. Dom. Law § 701, while less than owners had sought, justly compensated them for losses over market value and were well within expert appraisers' valuation ranges.
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Matter of Goll, 2003-10710,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because an attorney neglected a client matter and did not comply with court and grievance committee orders, and subpoenas, the attorney violated N.Y. Code Prof. Resp. DR 6-101(A)(3), 1-102(A)(5), 7-106(a), 1-102(a)(7), N.Y. Comp. Codes R. & Regs. tit. 22, §§ 1200.30(a)(3), 1200.3(a)(5), 1200.37(a), 1200.3(a)(7), and was suspended for two years.
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Matter of Gonzalez v. New York City Clerk, 7547N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Matter of Korn, 7520, File 4153/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Overview: Summary judgment dismissing objections to probate of a will was proper where proponent produced a self-executing affidavit to the will as well as testimony that the decedent was free of undue influence, and, in response, objectant submitted only conclusory and speculative evidence that proponent exercised undue influence over the decedent.
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Matter of Quaniqua W., 7521- 7522,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Matter of Rohan McM., 2005-03402,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: A juvenile delinquency determination was affirmed; the evidence was sufficient to establish that the juvenile committed acts which, if committed by an adult, would have constituted sexual abuse in the first degree, sexual abuse in the second degree, forcible touching, sexual abuse in the third degree, and unlawful imprisonment in the second degree.
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