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| Matter of 3202 Owners Corp. v. Billy Contrs., Inc., 2005-02504 (Index No. 25566/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where contractor had failed to refer a claim to the architect first, as required by the parties' arbitration clause, a condition precedent to arbitration had not been satisfied and a petition to stay arbitration was granted.
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| Matter of Barksdale, 2001-03751,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Because an attorney's resignation was freely and voluntarily rendered as a condition to a plea agreement, and inasmuch as the proffered resignation comported with all pertinent court rules, it was accepted; therefore, pursuant to N.Y. Jud. Law § 90, the attorney was disbarred.
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| Matter of Brim v. Combs, 2004-08406, 2004-08407, 2004-08408, 2004-08795 (Docket No. F-7870/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Because the mother's financial affidavit indicated the amount actually expended on the child each month, the family court erred in awarding a higher amount under N.Y. Fam. Ct. Act § 413 based on the amount of child support the father paid for another child by a different woman.
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| Matter of Carl F., 2004-06623, 2004-09321,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: A delinquency determination pursuant to N.Y. Fam. Ct. Act art. 3 was affirmed, as the evidence was legally sufficient to establish, beyond a reasonable doubt, that the juvenile committed acts which, if committed by an adult, would have constituted the crimes of assault in the third degree and menacing in the third degree.
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| Matter of Davis, 2005-02657 (File No. 3134/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Court order for the disclosure of biological material of a decedent to conduct DNA testing, to enable an alleged nonmarital child to establish standing as an estate distributee, was reversed and remitted for a hearing under N.Y. Est. Powers & Trusts Law § 4-1.2(a)(2)(C) to establish whether the decedent acknowledged the alleged nonmarital child.
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| Matter of Figuereo v. Lipsman, 2004-00707 (Index No. 12972/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Former employee, who had attained permanent status in her prior county agency position, was entitled to reinstatement to that position after she was removed from her new county position after slapping coworker. Under Westchester County, N.Y., Civ. Serv. R. 11.4, employee was entitled to reinstatement at any time during her probationary period.
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| Matter of Finell v. Finell, 2004-09887, 2004-09888, 2004-09889, 2004-09890, 2005-00674 (Docket No. F-06931-03/03A),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Matter of Jamal S., 2004-10987, 2004-10989, 2004-10990 (Docket Nos. D-1905-04, D-05272-02/03A),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In a juvenile delinquency proceeding, the trial court erred in refusing to conduct a separate hearing prior to a fact-finding hearing in light of appellant's objection to simultaneous hearings, N.Y. Fam. Ct. Act § 330.2(3), as the evidence adduced on the fact-finding and suppression issues was intertwined.
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| Matter of Kersey, 2004-03783 (Attorney Registration No. 1363845),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In reciprocal disciplinary proceeding under N.Y. Comp. Codes R. & Regs. tit. 22, § 691.3, attorney could not relitigate merits of New Hampshire disbarment, but court nonetheless adopted committee's recommendation of less severe sanction of censure.
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