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   State Courts - New York - January 24, 2006

  
Matter of M. Venezia, 2004-09874, File No. 2100/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Unless an evidentiary hearing showed that friction between testatrix's chosen executrix and beneficiary would make estate administration impossible or that designated executrix had procured her designation by undue influence, New York courts would honor the choice made by the testatrix.

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Matter of Marie H. v. Julie M., 2004-05970 (Index No. 16425/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Doctor's testimony in proceeding to appoint guardian for alleged incompetent person did not violate privilege under N.Y. C.P.L.R. 4504(a) as doctor was not treating physician and was part of crisis team under N.Y. Mental Hyg. Law § 9.57 empowered by N.Y. Mental Hyg. Law § 9.40 to seek involuntary commitment for psychiatric treatment.

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Matter of Matthews v. New York State Dep't of Envtl. Conservation, 2005-01475, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Matter of Mendez v. Doar, 7660, Index 401148/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Matter of Metrosvyaz Ltd. v. Whale Telecom Ltd., 600061/05, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 24, 2006, Decided
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Matter of Moore v. Gary, 2005-11139, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Matter of Moro, 322409, SURROGATE'S COURT OF NEW YORK, NASSAU COUNTY, January 24, 2006, Decided
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Matter of Norman, 2005-09739 (Attorney Registration No. 1299056), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: An attorney was found guilty of falsifying business records in the first degree, in violation of N.Y. Penal Law § 175.10, and violating N.Y. Elec. Law § 14-126(4). By virtue of his conviction of a felony, the attorney was automatically disbarred and ceased to be an attorney pursuant to N.Y. Jud. Ct. Acts Law § 90(4)(a).

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Matter of Smalls v. New York City Hous. Auth., 6968 Index 400833/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Matter of State-Wide Ins. Co. v. Womble, 2005-06781 (Index No. 11608/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: As an insurer had ample time (17 months) to seek discovery before commencing a proceeding to permanently stay arbitration of an uninsured motorist claim and unjustifiably failed to do so, the trial court erred in its order, in effect, granting the petition.

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