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   State Courts - New York - January 23, 2007

  
Matter of Fazio v. County of Nassau, 2005-10890, (Index No. 9653/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Gonzalez v. Lawrence, 2006-03088, (Index No. 17998/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Hawthorne Cedar Knolls Union Free School Dist. v. Carey & Walsh, Inc., 2006-00099, (Index No. 10558/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Judgment denying school district's suit seeking to permanently stay arbitration of contractor's claim for delay damages was affirmed as notice of claim was timely served under Education Law § 3813(1) as it was served within three months of accrual of claim. Claim accrued when project architect constructively denied claim.

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Matter of Jaleel H., 2006-01986, (Docket No. D-20300-05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Order adjudicating defendant a juvenile delinquent based upon commission of acts which, if committed by adult, would have been attempted robbery was modified and charges were dismissed as lesser included offenses under CPL 1.20(37) and 300.40(3)(b) since defendant committed acts, which, if committed by adult, would have been robbery.

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Matter of Jeanty v. New York State Dept. of Correctional Servs., 2006-00362, (Index No. 2641/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Olsen v. United States Trust Co. of N. Y., 43, Index 115765/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Matter of Patricia Ann Cottage Pub, Inc. v. Mermelstein, 2005-02063, (Index No. 5806/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Determination of Commissioner of the Department of Health Services that three pubs violated Public Health Law § 1399-o was annulled as, inter alia, Public Health Law § 1399-o did not inform proprietors of what affirmative steps needed to be taken to insure smoking was not permitted and those pubs had prominently displayed "No Smoking" signs.

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Matter of Paulino v. Camacho, 2005-10316, (Docket No. F-4287/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Reisner v. County of Nassau, 2005-10889, (Index No. 9652/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Rooney v. Deer Park Fire Dept., 2006-00286, (Index No. 06203/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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