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State Courts -
New York - January 12, 2006
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Jonke v. F.W. Woolworth Co., 7556 Index 111794/99,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Knapp v. Hughes, 96532,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because the description contained in most of the abutters' deeds clearly set the boundaries at the edge of the pond, it did not carry title to the land beneath the pond; pursuant to N.Y. Real Prop. Acts. Law §§ 511, 512, the matter had to be remitted for a determination of the adverse/prescriptive claims asserted by two of the abutters.
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Matter of Alizia McK, 7578,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: When a juvenile, her mother, and her sister created violent disturbance during fact-finding proceeding, trial judge's initiation of complaint did not require she recuse herself, under N.Y. Jud. Law § 14, in absence of any evidence of bias; guardian ad litem was not required where father remained present and available for consultation.
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Matter of Attorneys in Violation of Judiciary Law § 468-a (In re Bishop), [NO NUMBER IN ORIGINAL],
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Matter of Brittany M. v. Natalie N., 97406,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Matter of David VV. v. Dennis VV., 96363,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because the transcript of a N.Y. Fam. Ct. Act § 1029 hearing confirmed that a father was not advised of his rights to counsel, the Family Court did not comply with the requirements of N.Y. Fam. Ct. Act § 262(a) or confirm the father's alleged waiver of his statutory rights.
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Matter of Lacher v. New York State Div. of Hous. & Community Renewal, 7550, 7551 (Index 102605/05 Index 103699/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Although it could not be said that it was arbitrary and capricious to find that a tenant had presented an insufficient reason to warrant disturbance of a rent administrator's determination, pursuant to N.Y. Comp. Codes R. & Regs. tit. 9, § 2529.6, the retroactive effective date of deregulation constituted an error of law.
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Matter of Letanya M., 7579,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Matter of Liberty Cent. Sch. Dist., 98574,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Although initial termination of probationary teacher was procedurally defective for failure to provide 30 days' notice under N.Y. Educ. Law § 3031, this did not mean that teacher was entitled nunc pro tunc to salary and benefits for the school year following the defective nonrenewal of her contract.
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Matter of Montague v. New York State Dept. of Envtl. Conservation, 98488,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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