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   State Courts - New York - January 30, 2007

  
Matter of Donnell W., 2006-05997, (Docket No. D-11308-06), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Based, inter alia, upon the serious nature of a juvenile's criminal possession of a weapon, and a psychologist's recommendation, the family court properly found that the least restrictive dispositional alternative was a nonsecure facility for a period of 12 months with credit for time spent in detention under Family Ct Act § 352.2(2)(a).

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Matter of Geico Co. v. Wingo, 2005-11322, (Index No. 13182/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Neither insured nor passengers bringing uninsured motorist claim provided liability insurer with notice of commencement of litigation by providing a copy of papers served in suit pursuant to policy provisions requiring immediate forwarding of such papers. Thus, the liability insurer's written disclaimer was valid and the vehicle was uninsured.

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Matter of Global Liberty Ins. Co. v. Abdelhaq, 2006-05244, (Index No. 17651/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Petitioner failed to set forth basis for permanently staying arbitration of insured's no-fault insurance claim, as petitioner contended insured's "base affiliation" with certain entity obligated latter to secure workers' compensation coverage for insured but petitioner did not submit evidence that entity was insured's employer at time of accident.

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Matter of Grigger v. Goord, 2006-02750, (Index No. 5410/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Matter of Higgs v. Hernandez, 69, Index 402973/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Matter of Ingraham v. Planning Bd. of Town of Southeast, 2004-11084, (Index No. 4026/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Planning board decision conditionally granting an application for approval of a final subdivision plat was annulled because, while board indicated that it had taken requisite hard look at environmental impact of project necessary to prepare State Environmental Quality Review Act determination, court had annulled that determination in prior appeal.

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Matter of Jorbel v. Thanning, 2006-03611, (Index No. 1190/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because the actions taken by a father did not toll the statute of limitations in CPLR 217(1) or transform an amended death certificate into a non-final determination, the father's CPLR art. 78 proceeding, which was commenced more than four months after the official filing of the amended death certificate, was time barred.

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Matter of Joshua Wilson A. v. Joseph Wilson A., 71, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Matter of Kainth v. Kainth, 2005-07639, 2005-07640, 2005-07641, (Docket No. F-1506-00-05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: A father had not willfully violated a child support order. The evidence in a proceeding under Family Ct Act art. 4 showed that the father's income was insufficient to permit payments in accordance with the support order, that the father's loss of higher paying employment was not self-imposed, and that the father actively pursued similar employment.

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Matter of Kozlowski v. Mangialino, 2005-10744, (Docket Nos. V-19022-03, V-19719-03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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