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   State Courts - New York - February 1, 2007

  
Matter of Coppola v. Tax Appeals Trib. of State of New York, 99492, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: As a corporation's owner, president, and sole shareholder was properly found to be the responsible party to pay all the outstanding sales and use taxes assessed against the corporation under both Tax Law § 1133(a) and art. 28, and that responsibility could not be delegated, the president was properly denied a refund of the same.

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Matter of Cuillo v. Commissioner of Labor, 500999, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Matter of Filpo v. Goord, 500753, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Matter of Gigi v. Commissoner of Labor, 500946, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Decision that claimant was disqualified from receiving unemployment insurance benefits because employment was terminated due to misconduct was affirmed, as testimony from claimant's supervisors and her own union representative, who accompanied her to meeting preceding her termination, supported conclusion that she was guilty of misconduct.

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Matter of Gokhale, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Attorney's motion for extension of his stayed suspension was denied because he offered no reasonable excuse for his failure to satisfy condition of stayed suspension, i.e., to submit proof regarding accounting and disbursement of client funds; thus, stayed suspension was vacated, and attorney was suspended from practicing law for one year.

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Matter of Gray v. Goord, 99621, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Because Penal Law § 70.25(2-a) required that a sentence of 15 years to life, imposed as a persistent violent felony offender, run consecutively to the prior undischarged sentences, and because CPLR 7801(2) did not allow review of the adjudication, the trial court properly dismissed the inmate's CPLR art. 78 proceeding.

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Matter of Gray v. Selsky, 500732, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Matter of Hernandez v. Goord, 500829, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Matter of Hyde v. New York City Dept. of Transp., 500793, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Workers' Compensation Board properly rescinded a workers' compensation law judge's decision awarding claimant benefits because the claimant announced on the record that he was not waiving his right to file a federal Jones Act claim and, pursuant to Workers' Compensation Law § 113, the federal action precluded the Board from exercising jurisdiction.

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Matter of Kurtz v. Commissioner of Labor, 500979, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Disqualification by the New York Unemployment Insurance Appeal Board of an unemployment insurance applicant's request for benefits because she turned down an offer of suitable employment without good cause was proper; her willful failure to disclose the offer when she certified her benefits supported imposition of a recoverable overpayment.

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