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State Courts -
New York - January 30, 2007
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Matter of Lazartes v. Walsh, 2006-06107,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because the counts of second-degree manslaughter under Penal Law § 125.15(1) were submitted, but not considered by the jury, and because manslaughter was not a lesser-included offense of murder under Penal Law § 125.25(2), retrial on the manslaughter counts did not violate double jeopardy principles.
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Matter of Melissa M. v. Marianne M., 2005-07947, (Docket Nos. B-6287/04, B-6288/04, B-6289/04, B-6290/04, B-6291/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Matter of Narcisse v. Incorporated Vil. of Cent. Islip, 2005-11126, 2006-07533, (Index No. 17600/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because a petitioner did not, inter alia, establish that a village had actual knowledge of the essential facts of a claim within 90 days after an accident, and did not have a reasonable excuse for the delay, pursuant to General Municipal Law § 50-e(2), (5), (7), the trial court properly denied her petitions for leave to serve a late claim.
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Matter of Pepper, 2005-00864,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because an attorney removed in excess of $50,000 from his escrow account without permission or consent of the rightful owners, and thereafter pleaded guilty to third-degree grand larceny, pursuant to Judiciary Law § 90(4)(b), the attorney was disbarred by operation of law and his name was stricken from the roll of attorneys and counselors-at-law.
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Matter of Quadell Donnile G. v. Latascha G., 2005-10115, 2005-10420, (Docket Nos. B-19675/04, B-19676/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Matter of Vernon J. v. Sandra M., 2006-02469, (Docket No. P-2301-98),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Family court properly denied motion to vacate order of filiation based on doctrine of equitable estoppel because sufficient evidence allowed court to determine child's best interests. Moreover, no evidence showed that order of filiation should be vacated on basis of newly discovered evidence or mother's fraud/misconduct under CPLR 5015(a)(2), (3).
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