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| Matter of Scott v. Commissioner of Labor, 97761,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: The court upheld a decision by the Unemployment Insurance Appeal Board that N.Y. Lab. Law § 590(10) was inapplicable to preclude a substitute teacher's claim for unemployment insurance benefits during a school district's winter recess because the teacher did not work the week before the break.
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| Matter of Shawndalaya II. v. Jamella II., 97652,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: In a mother's challenge to an order granting the application of the Commissioner of Social Services of Clinton County, New York, to adjudicate her child as neglected, the record and a brief submitted by the mother's counsel revealed possible nonfrivolous issues. The mother's counsel's application to be relived was granted; new counsel was ordered.
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| Matter of State of N.Y. (Div. of State Police) v. Police Benevolent Assn. of N.Y. State Troopers, Inc., 98294,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Public Employment Relations Board did not err in determining that union members had the right to wear union insignia while on union business, off duty, and out of uniform, as that conclusion was consistent with N.Y. Civ. Serv. Law § 202, to which a reviewing court gave great deference absent special circumstances.
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| Matter of Tonette E. v. N.Y. State Office of Children & Family Servs., 98623,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: A mother's request that an indicated report against her concerning inadequate guardianship of her eight-year-old son be amended to unfounded and expunged was properly denied; there was substantial evidence that the mother's son was in imminent physical danger due to the number of unsecured guns, some loaded, kept in the mother's house.
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| Matter of Venne v. Sanford, 98766,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Town supervisor erred by dismissing petition for incorporation on grounds it was not signed by 20 percent of voters of territory intended to be included within proposed village. He allowed persons to withdraw their signatures at or after the hearing, but under N.Y. Village Law § 2-202(1)(a)(1), validity of petition was judged as of its filing date.
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| Matter of Walker v. TNT Red Star Express, 97964,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: New York's Workers' Compensation Board was entitled to weigh for itself conflicting evidence regarding the extent of injured worker's continuing disability; failure to mention desire to cross-examine employer's expert waived any claim of due process denial.
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| Metropolitan Ins. & Annuity Co. v. Eromosele, 570316/04.,
SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT, January 19, 2006, Decided
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| O'Brien v. Clark Equip. Co., 98173,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Pursuant to N.Y. C.P.L.R. 3126, trial court acted properly in partially granting wrongful death plaintiff's motion to strike defendants' pleadings for failure to comply with discovery orders, where record showed that defendants willfully failed to disclose accident reports, permitted them to be destroyed, and failed to reveal their destruction.
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| People v. Alvares, 7617 Ind. 2013/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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