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State Courts -
New York - January 17, 2006
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Matter of Gonzalez v. Warden, Rikers Is., C.F., 7596- 7597 - 7598 - 7598A, Index 75024/05, 75025/05, 51232/05, 51233/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Matter of Rockland County Patrolmen's Benevolent Assn., Inc. v. Prendergast, 2004-06127, Index No. 2128/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Town chief of police appointment was based on eligibility list that was more than four years old and was therefore, expired under N.Y. Civ. Serv. Law § 56(1); promotion based on expired list violated both local law of Rockland County, N.Y. Rockland County Police Act, § 4, and Merit and Fitness Clause of N.Y. Const. art V, § 6.
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Matter of Utica Mut. Ins. Co. v. Colon, 2004-07728, (Index No. 6266/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: In a proceeding pursuant to N.Y. C.P.L.R. art. 75, the trial court erred in denying a petition to permanently stay arbitration of an uninsured motorist claim; an insurer failed to rebut a prima facie showing, based on a police accident report containing a vehicle's insurance code, that it insured the offending vehicle.
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Medina v. New York Presbyt. Hosp., 7355-7356, Index 113821/00,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Miccio v. Fits Sys., Inc., 7390 Index 106722/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Overview: There was no merit to defendants' argument that a sexual harassment claim was barred because plaintiff did not file with the New York State Division of Human Rights within a year after the alleged harassment, N.Y. Exec. Law § 297(1), (5), (9), but the claim was time-barred insofar as based on acts more than three years before the action.
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