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State Courts -
New York - January 18, 2007
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Matter of Walker v. Novello, 500647,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Where an adult care facility and its administrator commenced a proceeding seeking a hearing regarding an inspection report that required the administrator's replacement, petitioners were properly denied attorneys' fees under the State Equal Access to Justice Act because the Commissioner of Health's position was substantially justified.
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Matter of Yarinsky v. Yarinsky, 99735,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Order setting a husband's child support obligation was modified, and as modified was affirmed, as based on consideration of all of the Family Ct Act § 413(1)(f) factors, the husband's share of the basic child support obligation was $ 6,016 per month, based upon a reduction in the husband's share of the combined parental income.
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Nimkoff v. Nimkoff, 9888N, Index 350768/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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People ex rel. Di Meo v. Artus, 500452,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Even though an inmate was in New York after being extradited from New Jersey, he was most decidedly a fugitive within the meaning of CPL 570.06; therefore, the inmate was subject to mandatory extradition to Connecticut for crimes committed there.
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People ex rel. Moore v. Warden of Rikers Is. Correctional Facility, 9855, Index 51798/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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People v. Boyer, 16664,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Despite discrepancy between sentencing minutes and sentence and commitment form, case was not remitted for resentencing because defendant, who was sentenced to seven years in prison, was statutorily mandated by Penal Law § 70.45(2) to have included in sentence five years of post-release supervision, which sentence and commitment form reflected.
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People v. Briel, 16559,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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