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State Courts -
New York - February 2, 2006
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Matter of Adams v. Univera Health Care/Excellus, 98894,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Substantial evidence did not support award of workers' compensation benefits where worker failed to show that unusual environmental conditions at her workplace caused her coughing problems. It was just as likely that the worker had a continuing problem with allergies.
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Matter of Alduen v. Commissioner of Labor, 98596,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Substantial evidence supported the New York Unemployment Insurance Appeal Board's decision that a claimant was ineligible to receive additional unemployment benefits pursuant to N.Y. Lab. Law § 599(1); it was doubtful that a paralegal program would upgrade the claimant's skills given his substantial prior experience actually working in the field.
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Matter of Armaganian v. Commissioner of Labor, 97548,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Argument that design draftsman would have been laid off when airline-related work diminished, if only he had not been in the hospital receiving a pacemaker at the time he would otherwise have been laid off, was too speculative to support eligibility for benefits under Temporary Extended Unemployment Compensation Act of 2002.
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Matter of Bell v. New York State Bd. of Regents, 97616,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Even though an accountant's acts of dishonesty did not harm her clients in any way, they discredited her profession and deprived the government of hundreds of thousands of dollars in taxes. Therefore, the decision to revoke her license pursuant to N.Y. Educ. Law § 6509(5)(a)(ii) was not unduly harsh.
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Matter of Brooks v. Goord, 98457,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Matter of Brown v. Katz, 98313,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: In a proceeding pursuant to N.Y. C.P.L.R. art. 78 to review a determination finding an inmate guilty of violating a prison disciplinary rule, whether, as the inmate claimed, he informed a correction officer where he was going prior to being released from his cell created a credibility issue for the hearing officer to resolve.
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Matter of Cipolla v. Kelly, 7750-7750A Index 103444/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Matter of Costa v. Commissioner of Labor, 98307,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Unemployment insurance benefits claimant failed to show good cause for her noncompliance with N.Y. Comp. Codes R. & Regs. tit. 12, § 473.2 while appeal was pending where she admitted having read instructions directing her to keep filing.
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Matter of Costello v. Smith, 98340,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Matter of Crosby v. Selsky, 98453,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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