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State Courts -
New York - January 18, 2007
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Massot v. Utica First Ins. Co., 9922, Index 600989/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Matter of Abraham XX., 500058,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Judgment was reversed as New York Office of Mental Retardation and Developmental Disabilities' (OMRDD) right to post-verdict Medicaid expenses was not barred by res judicata. OMRDD was entitled to reimbursement of all Medicaid expended on child's behalf under terms of supplemental needs trust agreement itself.
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Matter of Apgar v. Waverly Cent. School Dist., 500907,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because a school district had actual knowledge of the facts of a mother's claim of injury to her child, and because the district did not show any impairment to its ability to conduct a defense as a result of the delay, the trial court properly granted the mother's General Municipal Law § 50-e(5) application for leave to file a late notice of claim.
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Matter of Bell v. New York State Div. of Human Rights, 99323,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because there was no reasonable basis to conclude that a teacher would not have continued coaching had his employment not ended due to a school district's discriminatory retaliation, because the teacher was responsible for any taxes on the award, the back pay award had to be recalculated.
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Matter of Elio P., 9244,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Matter of Fong v. Goord, 500604,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: In a proceeding pursuant to CPLR art. 78 after a sharpened metal door-latch plate was found in an inmate's cell, a determination finding the inmate guilty of violating prison disciplinary rules was affirmed. There was evidence that the weapon had been very recently sharpened.
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Matter of Forester v. State Bd. for Professional Med. Conduct, 99158,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because a physician was found to be grossly negligent and incompetent and failed to maintain records, any error by the ALJ in permitting cross-examination about the physician's credentials and admitting a document into evidence was harmless; consequently, the physician's license to practice medicine was properly revoked.
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Matter of Kelch v. Town Bd. of Town of Davenport, 500895,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Although Town Law § 27(1) authorized a town board to approve different salary amounts for its two justices, the board acted in a manner likely to affect or impinge upon the independence of the judiciary and violated U.S. Const. art. III, § 1, NY Const. art. VI, § 25(a) in setting one of the salaries at $500 a year.
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