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| Matter of Barnes v. Mcfadden, 98077,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Notice of foreclosure procedures satisfied due process and satisfied N.Y. Real Prop. Tax Law § 1125(1) by giving property owner notice at his actual residence, which was where he resided with daughter. Notice to that same address and naming daughter was not required since she was not an interested person in the property until after the owner died.
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| Matter of Board of Educ. of City School Dist. of City of New York v. Mills, 98017,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Since the obligation to restore the superintendent to his status as a paid employee of the school district and tender back pay was not conditioned upon the terms of his expired employment contract, the Board of Education was properly found to be in contempt for failing to comply with the Commissioner of Education's order.
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| Matter of Carter v. Von Roll Isola, USA, Inc., 98601,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Workers' compensation carrier was entitled to reimbursement from Special Disability Fund since notice of right to reimbursement under N.Y. Workers' Comp. Law § 14(6) was made prior to worker's concurrent wage award; N.Y. Workers' Comp. Law § 15(8)(l) did not require notice before any award was made, only before concurrent wage award.
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| Matter of Clark Patterson Engrs., Surveyor, & Architects, P.C. v. City of Gloversville Bd. of Water Commr., 98599,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: The continuous representation doctrine tolled the three year limitations period provided for in N.Y. C.P.L.R. 214(6) that applied to a client's professional malpractice case against an engineering firm and, therefore, since the firm continued to provide services from the alleged defect date, the client's arbitration demand was timely.
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| Matter of Diamond, [NO NUMBER IN ORIGINAL],
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: A petition for reciprocal discipline (N.Y. Comp. Codes R. & Regs. tit. 22, § 806.19) on respondent attorney was granted, as the Supreme Court of New Jersey had suspended the attorney for, among other things, abandoning his clients by closing his law office without notice, neglecting cases for two clients, and failing to communicate with clients.
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| Matter of Disarno v. Mattel/Fisher Price, Inc., 98401,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: The New York Workers' Compensation Board's ruling that a claimant did not voluntarily withdraw from the labor market was affirmed; the claimant testified that his rationale in accepting an early retirement package was so that he could move on to a job which was less physically demanding on his injured back.
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| Matter of Edward Ramon B. v. Eduardo B., 7629,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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| Matter of Feiner v. New York State Off. of Real Prop. Servs., 98755,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Where two taxing authorities and two school districts overlapped, but only one group of taxpayers received relief in the form of a segment special equalization rate, the supreme court in which the taxpayers filed their appeal lacked jurisdiction, as N.Y. Real Prop. Tax Law § 1218 provided that only the appellate division could hear such appeals.
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| Matter of Hargett v. Town of Ticonderoga, 98572,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: A judgment denying a property owner's request for the discontinuance of a public highway pursuant to N.Y. High. Law § 207 was affirmed, where a town's decision finding that the owner did not own property on both sides of the road was not arbitrary and capricious.
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