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State Courts -
New York - January 26, 2006
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Matter of Graziano v. County of Albany, 98759,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Stipulation of settlement with public employer did not moot issue of public employee's entitlement to recover, under N.Y. Pub. Off. Law § 18, outstanding expenses of defending appeal in special proceeding to collect expenses incurred in defending underlying action.
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Matter of Grimes v. Commissioner of Labor, 98383,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Matter of Hamid v. Goord, 97570,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Matter of Horton v. Allard, 98320,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: An inmate was properly found guilty for conspiring to introduce narcotics and soliciting his girlfriend to smuggle items into a correctional facility. A misbehavior report, supporting documentation, testimony at a hearing, and the confidential information provided by an investigating officer provided substantial evidence of guilt.
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Matter of Hungreder v. Kelly, 7684, Index 113157/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Matter of Johnson v. Commissioner of Labor, 98552,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Inasmuch as the record indicated that a temporary personnel agency had continuing work available for a claimant at the time she left, substantial evidence supported the New York Unemployment Insurance Appeal Board's decision that she voluntarily left her employment without good cause.
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Matter of Justin J. v. Arnold J., 96330,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Ample testimony existed from friends, neighbors, and protective service investigators that a father failed to administer prescribed medication, used excessive corporal punishment, and abused illegal drugs while he was caring for the children; father's neglect was shown by the preponderance of evidence required by N.Y. Fam. Ct. Act § 1046(b)(i).
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Matter of Kalwasinski v. Goord, 98455,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: In a N.Y. C.P.L.R. art. 78 proceeding, a misbehavior report, together with the testimony of its author and an inmate's admission that he possessed another inmate's papers, constituted substantial evidence supporting the determination finding him guilty of engaging in the unauthorized exchange of property.
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Matter of Kemp v. Commissioner of Labor, 98553,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Matter of Kingston Common Council v. Town of Ulster, 96049,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: While the owners showed some personal advantages if their property were annexed to a city, they did not meet their burden of showing that the annexation was in the overall public interest, as required by N.Y. Gen. Mun. Law § 712(1), (10).
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