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State Courts -
New York - January 25, 2007
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Matter of Leighton v. Bazan, 500728,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Until a family court determined that a biological parent had surrendered, abandoned, or persistently neglected the children, or was unfit, or other like extraordinary circumstances, pursuant to Family Ct Act art. 6, it could not examine what would be in the children's best interests in determining custody.
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Matter of Mack v. Donovan, 9943, Index 401051/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because there was no indication in the scant record that a landlord raised a jurisdictional objection to a tenant's application to annul the termination of her Section 8 subsidy, and because there was no objection to the tenant's failure to exhaust her administrative remedies under CPLR 7804(f), the trial court erred in dismissing the proceeding.
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Matter of Paul Michael G. v. Paul N.G., 61,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Matter of Silhanek v. Zoning Bd. of Appeals of Town of Guilderland, 500984,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Zoning board properly denied a request for an area variance, as it properly held that there was no practical way to ensure that the applicants would properly monitor the stream banks in the affected area and employ an engineer to assess the situation in the event the variance was granted, and the town should not have to undertake such a burden.
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Matter of Spulka v. Selsky, 500838,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because a misbehavior report, coupled with the testimony of the correction officer who prepared it, provide substantial evidence to support a determination that an inmate failed to provide a urine sample within three hours of being ordered to do so, the inmate was not entitled to CPLR art. 78 relief.
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Matter of State Farm Ins. Cos. v. De Sarbo, 501153,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: An insurer's application to stay arbitration filed 45 days after receipt of the insured's demand was improperly granted in an underinsured motorists benefits action because the insured's demand for arbitration was made in a short document and was received by the insurer before the 20-day limit in CPLR 7503(c) for application to stay had expired.
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Murray v. Reif, 500306,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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P.A. Bldg. Co. v. City of New York, 53, Index 108777/94,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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People v. Berry, 57, Ind. 5906/85,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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People v. Blalock, 59, Ind. 3277/98,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because there was no evidence that a witness had the requisite intent to commit any offense, the trial court properly declined to give accomplice in fact charge to the jury; since murder and attempted rape were charged in the indictment as overt acts in furtherance of a conspiracy, there was no basis for a severance.
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