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| Matter of Collins, 501125,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Although a surrogate's court erred in finding that a trustee impermissibly invaded the principal of a trust in four years instead of seven, the amounts of the commissions retained by the trustee were not in violation of the amounts permitted by SCPA 2312(2), (4).
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| Matter of Eck v. County of Del., 500805,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Judgment dismissing CPLR art. 78 proceeding was affirmed as termination was appropriate remedy since deputy used his position to obtain information about another employee's whereabouts in furtherance of unauthorized investigation, which endangered other employee, and deputy disparaged sheriff and sheriff's department.
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| Matter of Haas v. Gross Elec., 500570,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: A decision of the New York Workers' Compensation Board which ruled that a claimant did not sustain a causally related injury and denied workers' compensation benefits was affirmed. The claimant's primary care physician's records revealed that the claimant previously had suffered numerous back injuries prior to the subject accident.
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| Matter of Hendrix v. Goord, 99317,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: An inmate's application to review a determination computing his prison sentence was properly dismissed; as the inmate was sentenced as a persistent violent felony offender under Penal Law § 70.08, it was mandatory that his new sentence run consecutive to an undischarged term of imprisonment remaining on the inmate's prior sentences.
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| Matter of Jayde M. v. Kimberly N., 500428,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: In a proceeding under Social Services Law § 384-b, clear and convincing evidence supported trial court's finding that a mother permanently neglected her children. The mother did not regularly attend scheduled visits with her children, did not cooperate with substance abuse treatment, and did not maintain stable home, moving approximately 20 times.
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| Matter of Kansu v. Commissioner of Labor, 501009,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because employee formed a corporation to earn income, actively worked for that purpose, intended to begin operating to make money as soon as he obtained his own health insurance, and business then began producing revenue, employee stood to gain financially from corporation and was not totally unemployed while he worked as a corporate officer.
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| Matter of Larock v. Larock, 500670,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because the rights that a mother already had allowed her to address several of the problems she raised and/or could be properly dealt with in child support proceedings, the family court appropriately dismissed the mother's Family Ct Act art. 6 application to modify a prior order of custody without a hearing.
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| Matter of Laureano v. Goord, 500581,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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| Matter of Lee v. Goord, 500611,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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