Datasets:
santoshtyss
/
us-court-cases

Dataset card Data Studio Files
xet
 Community
1
text
stringlengths
1.03k
613k
Order entered on July 21, 1960, denying defendant’s motion to dismiss the amended complaint for insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion to dismiss is granted, with $10 costs. In the attempt to state a cause of action for the reformation of a $10,000...
In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Nassau County (McCormack, J.), dated January 25, 2006, which, upon a finding, made after a hearing, that he committed a family offense, directed him, until January 24, 2007, to refr...
Order entered on October 2, 1959 and the judgment thereon dismissing the complaint on the ground of another pending action between the parties reversed, on the law, on the facts and in the exercise of discretion, with costs to plaintiffs-appellants and the motion denied, with $10 costs. In the prior action judgment was...
Judgment in favor of plaintiffs against the defendants, unanimously reversed, upon the law and upon the facts, and the complaint is dismissed, with costs to defendants-appellants. In view of that disposition, the judgment insofar as it grants, judgment in favor of defendant Caristo Construction Corp. on its cross claim...
In a proceeding, inter alia, in effect, to invalidate two deeds, Daphne Fotiades appeals, as limited by her brief, from so much of an order of the Surrogate’s Court, Suffolk County (Weber, A.S.), entered September 1, 2005, as denied her motion, inter alia, to vacate a decree of the same court dated October 11, 2002, en...
In a proceeding for a trust accounting, the petitioner appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated September 16, 2005, which granted the respondent’s motion, inter alia, pursuant to CPLR 3211 (a) (7) to dismiss the amended petition for failure to state a cause of action and denied, ...
In a contested probate proceeding, the objectant appeals from a decree of the Surrogate’s Court, Kings County (Seddio, S.), dated March 23, 2006, which, upon an order of the same court dated January 9, 2006, granting the petitioner’s motion for summary judgment dismissing her objections to probate of the will, admitted...
Appeal from judgments of the Court of General Sessions of the County of New York, rendered January 14, 1960, convicting defendants of the crime murder in the first degree pursuant to subdivision 2 of section 1044 of the Penal Law. Memorandum by the Court. Judgments of conviction affirmed. Although it may be cogently ar...
Eager, J. (dissenting). I dissent from the affirmance of the judgment of conviction of the defendant Manuel Ramirez of murder in the first degree (felony murder). In my opinion, the conviction should be reversed and a new trial ordered for errors in the reference to and the reading at the trial of certain Grand Jury te...
Order entered on March 29, 1960 dismissing the complaint unanimously reversed, on the law, with $20 costs and disbursements to plaintiff-appellant and the defendant’s motion denied, with $10 costs. The cross motions by defendant, (1) for summary judgment under rule 113 of the Rules of Civil Practice, (2) for judgment o...
In a proceeding pursuant to CFLR article 78 in the nature of mandamus to compel the respondents to comply with Agriculture and Markets Law § 371, the petitioners appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Dunne, J.), dated *896October 7, 200...
In a proceeding pursuant to CPLR article 78 to review a determination of the Division of Housing and Community Renewal dated March 16, 2005, the petitioner appeals from a judgment of the Supreme Court, Kings County (Martin, J.), dated November 30, 2005, which denied the petition and dismissed the proceeding. Ordered th...
In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for underinsured motorist benefits, Mark W. Ward appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Henry, J.), dated March 31, 2005, which granted the petition and permanently stayed the arbitration. Ordered th...
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Nassau County (LaMarca, J.), dated April 27, 2006, which denied the petition. Ordered that the order is affirmed, with costs. The Supreme Court providently e...
In two related proceedings pursuant to CPLR article 78 to review a determination of the New York State Department of Environmental Conservation dated July 11, 2005, which granted a waiver of water quality certification in connection with an application by Atlantic Development, LLC, to fill federally-regulated wetlands,...
In a paternity proceeding pursuant to Family Court Act article 5, the petitioner appeals from an order of the Family Court, Orange County (Kiediasch, J.), dated March 16, 2006, which dismissed his petition for an order of filiation declaring him to be the father of the subject child. Ordered that the order is affirmed,...
Order entered May 5, 1960, denying defendant-appellant’s motion to dismiss the complaint, reversed on the law, with $20 costs and disbursements to the appellant and motion to dismiss the complaint granted, with $10 costs. The complaint in the original action and the basis on which that action was tried contemplated a r...
Order, entered on June 16, 1960, denying defendants’ motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to appellants and the motion granted as to the first cause of action and the agreement declared void and unenforeible under subdivision 1 of section 31 of the Personal Pro...
In a proceeding for permission to administer electroconvulsive therapy to a patient without his consent, the patient appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated April 24, 2006, which, after a hearing, granted the petition. Ordered that the order is affirmed, without costs or disbur...
Order entered on September 6, 1960 setting aside the election of a director and officers of Ostow & Jacobs, Inc., enjoining the incumbent officers from continuing to act as such; directing a meeting of stockholders for the election of an additional director and a meeting of the directors, following such stockholders’ m...
In a proceeding pursuant to Mental Hygiene Law § 9.33 to retain a patient in a hospital for involuntary psychiatric care, the patient appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated April 24, 2006, which, after a hearing, granted the petition of Rockland Psychiatric Center for authoriz...
Order entered on August 18, 1960 denying defendant’s motion for summary judgment unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant and the motion granted, with $10 costs. Order entered on August 18, 1960 denying plaintiff’s cross motion for summary judgment unanimously affi...
*911Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Parks, Recreation and Conservation, dated February 15, 2006, which, after a hearing, found the petitioner guilty of misconduct and demoted him from the position of park foreman to ...
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated May 18, 2006, which denied his objection to so much of an order of the same court (Buse, S.M.), dated April 25, 2006, as, in effect, upon granting his petition ...
Proceeding pursuant to CPLR article 78 to review a determination of David R. Peters, Director of the State Central Register, Division of Development and Prevention Services, State of New York Office of Children and Family Services, dated April 25, 2005, which denied the petitioners’ application pursuant to Social Servi...
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), rendered August 20, 2004, convicting her of assault in the third degree, tampering with a witness in the second degree, and intimidating a witness in the second degree, upon a jury verdict, and imposing sentence. Ordered that ...
*914Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.); rendered November 6, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus moti...
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Reichbach, J.), dated August 1, 2005, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court dated November 15, 2000, convicting him of murder in the second degree, upon a jury ve...
Appeal by the defendant from a judgment of the County Court, Westchester County (Ales*918Sandro, J.), rendered July 27, 2005, convicting him of robbery in the second degree (two counts), assault in the second degree, assault in the third degree, and criminal possession of stolen property in the fifth degree, and imposi...
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiBella, J.), rendered October 26, 2004, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecuti...
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered November 10, 2004, convicting him of burglary in the second degree, upon a jury verdict, and sentencing him, as a persistent felony offender, *919to an indeterminate term of imprisonment of 16 years to life and five years...
*921Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered April 23, 2004, convicting him of robbery in the first degree (two counts), burglary in the first degree (two counts), criminal use of a firearm in the first degree, and escape in the first degree, upon a jury verdict...
Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered January 24, 2006, convicting him of failure to register or verify his status as a sex offender, as a felony, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders...
Motion by the ap*924pellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County (Balter, J.), rendered January 24, 2005, which was determined by decision and order of this Court dated November 14, 2006. Upon the papers filed in support of the motion and the papers filed in relation thereto...
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered July 30, 2004, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s co...
Appeal by the defendant from (1) an amended judgment of the County Court, Nassau County (Sullivan J.), rendered February 28, 2005, revoking a sentence of probation previously imposed by the same court (Cotter, J.), upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of impr...
Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered March 4, 2003, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review t...
*927Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered May 4, 2004, convicting her of custodial interference in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant was convicted of custodial interferenc...
Lahtinen, J. Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered April 20, 2004, upon a verdict convicting defendant of the crime of sexual abuse in the first degree. *929Defendant and another male brought two females, ages 17 and 14, to an apartment in the City of Troy, Rensselaer C...
Kane, J. Appeal from a judgment of the County Court of Fulton County (Giardino, J.), rendered August 18, 2004, upon a verdict convicting defendant of the crimes of murder in the second degree (two counts), assault in the first degree (two counts), assault in the second degree, sexual abuse in the first degree and crimi...
Lahtinen, J. Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered November 15, 2004, upon a verdict convicting defendant of the crimes of perjury in the first degree (two counts), criminal solicitation in the fourth degree (two counts), conspiracy in the fifth degree (two counts) and ...
Crew III, J. Appeal from a judgment of the County Court of Ulster County (Kavanagh, J.), rendered December 20, 2004, upon a verdict convicting defendant of the crimes of sodomy in the first degree, sodomy in the third degree and endangering the welfare of a child. The victim here, a 16-year-old boy, was temporarily liv...
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 21, 2004, convicting defendant upon his plea of guilty of the crime of murder in the second degree. In satisfaction of a five-count indictment, defendant pleaded guilty to murder in the second degree as a result of his brutal kil...
Mugglin, J. Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered June 26, 2003, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree. In 1998, defend...
Rose, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 19, 2005, upon a verdict convicting defendant of the crime of murder in the second degree. Defendant was indicted for murder in the second degree after admitting to stabbing her boyfriend 26 times, causing his death. Cou...
Rose, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 26, 2005, upon a verdict convicting defendant of the crimes of driving while ability impaired by drugs, aggravated unlicensed operation of a motor vehicle in the first degree and petit larceny. Defendant appeals only so ...
Kane, J. Appeals (1) from an order of the Family Court of Schoharie County (Hummel, J.), entered January 24, 2006, which dismissed petitioner’s application, in proceeding No. 1 pursuant to Family Ct Act article 10, to modify a prior order of visitation, (2) from an order of said court, entered March 31, 2006, which gra...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules. After an investigation disclosed that pet...
Appeal from a judgment of the Supreme Court (Teresi, J.), entered February 14, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the director of temporary release programs denying petitioner’s request for participation in the tempo...
Mugglin, J. Appeals (1) from a judgment of the Supreme Court (Connor, J.), entered October 28, 2005 in Columbia County, which, in proceeding No. 1 pursuant to CPLR article 78 and RPTL article 7, denied respondent Jon C. Surprise’s motion to partially dismiss the petition, (2) from a judgment of said court, entered Janu...
Carpinello, J. Cross appeals (1) from an order of the Supreme Court (Scarano, Jr., J.), entered February 10, 2005 in Saratoga County, which, inter alia, denied plaintiffs motion for summary judgment, and (2) from a judgment of said court, entered July 13, 2005 in Saratoga County, inter alia, granting plaintiff a divorc...
Crew III, J.E Appeal from an order of the Family Court of Broome County (Pines, J.), entered March 1, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s child to be neglected. Respondent is the biological mother of Mary MM. (born in 1998). Prio...
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 28, 2006 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. Following his conviction of multiple counts of burglary in the second degree in Herkim...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules. Petitioner challenges a determination fin...
Peters, J. Appeal from an order of the Supreme Court (Teresi, J.), entered June 6, 2006 in Albany County, which ordered disclosure of certain records kept by defendant Albany County Department of Social Services. In February 2004, plaintiff received a telephone call from a local hospital indicating that defendant John ...
Cardona, PJ. Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 28, 2005, which ruled that claimant was entitled to receive unemployment insurance benefits. On November 9, 2004, claimant, a State Trooper, was involved in a one-vehicle accident while off duty, prior to which he had been dr...
Appeal from a judgment of the Supreme Court (Stein, J.), entered June 9, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release. Petitioner is serving a prison sentence...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules. Petitioner challenges a tier III determi...
Rose, J. Appeal from an order of the County Court of Tompkins County (Sherman, J.), entered May 3, 2006, which, inter alia, in a proceeding pursuant to RPAPL article 7, partially granted petitioner’s motion for summary judgment. After successfully prosecuting a mortgage foreclosure action against respondents and purcha...
Application, pursuant to article 78 of the Civil Practice Act, to prohibit a County Judge from proceeding with a jury trial in the County Court, Nassau County, of an indictment charging petitioner with the carnal abuse of a child and related crimes, after *623the County Judge’s refusal to accept petitioner’s tender of ...
Cardona, EJ. Appeal from an order of the Supreme Court (Coccoma, J.), entered March 17, 2006 in Delaware County, which denied defendant’s motion for summary judgment dismissing the complaint. Flaintiff was the owner of Chapel Bank Farm, a dairy farm located in the Village of Hobart, Delaware County, which included a tw...
Carpinello, J. Appeal from a decision of the Workers’ Compensation Board, filed October 17, 2005, which ruled, inter alia, that claimant’s tax returns were sufficient credible evidence of his average weekly wage. In 1994, while working as a sanitation worker, claimant suffered compensable injuries and was subsequently ...
Kane, J. Appeal from a decision of the Workers’ Compensation Board, filed October 27, 2005, which, inter alia, ruled that the employee’s workers’ compensation carrier was entitled to an offset of workers’ compensation benefits against the net recovery of claimant’s third-party action. On October 28, 1999, claimant was ...
Kane, J. Appeal from a judgment of the Supreme Court (Demarest, J.), entered March 31, 2006 in Franklin County, which, inter alia, declared that the discharge planning requirements of Mental Hygiene Law § 29.15 are applicable to all residents released from facilities operated by the Office of Mental Retardation and Dev...
Spain, J. Appeal from a judgment of the Supreme Court (McCarthy, J.), entered October 18, 2005 in Rensselaer County, upon a verdict rendered in favor of plaintiff. Defendant owns and operates auto salvage businesses under the names of Impact Auto and S & S Auto Sales out of a junkyard site located in the Town of Nassau...
Kane, J. Appeal from an order of the Supreme Court (Spargo, J.), entered January 25, 2006 in Albany County, which, inter alia, granted plaintiffs’ motion for summary judgment. In November 2002, third-party defendant, Moore Insurance Agency, submitted plaintiffs’ application for homeowners insurance to defendant. Pursua...
*980Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a firefighter employed by the Village of Scarsdale Fire ...
In a proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Motor Vehicles revoking petitioner’s driving *625license and directing his re-examination, pursuant to statute (Vehicle and Traffic Law, § 20, subd. 8), the Commissioner appeals from an order of the Supreme Court...
Cardona, PJ. Appeal from an order of the Supreme Court (Ferradino, J.), entered July 28, 2006 in Saratoga County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint. Plaintiff, a state and federally-licensed wildlife rehabilitator, and his wife own an approximately 2.5-acr...
Mercure, J. Appeal from an order and decree of the Surrogate’s Court of Albany County (Doyle, S.), entered November 18, 2005, which granted petitioner’s motion for a determination of the validity, construction and effect of the disposition of certain property contained in decedent’s last will and testament. Frederick A...
In an action to establish by prescription a driveway easement over a portion of defendant’s property and to enjoin interference with such easement, defendant appeals from a judgment of the Supreme Court, Nassau County, rendered July 22, 1960, after a nonjury trial, declaring the existence of such easement and directing...
In an action to recover damages for personal injuries, the three defendant corporations (other than the New York City Housing Authority, which has not been served with process and did not appear), appeal from a judgment of the Supreme Court, Kings County, entered January 7, 1960, in favor of plaintiff against said thre...
Feters, J. Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered January 17, 2006 in Tompkins County, *988which denied defendants’ motion for summary judgment dismissing the complaint. In April 2002, plaintiff Donna Tenkate (hereinafter plaintiff) was injured in a slip-and-fall accident at a store opera...
In an action to recover damages for malpractice, defendant appeals from an order of the Supreme Court, Richmond County, dated March 4, 1958, which denies his motion to strike the action from the Trial Calendar on the ground that plaintiff had failed to furnish him with an authorization to obtain hospital records, as re...
Mercure, J.E Appeal from an order of the Supreme Court (Reilly Jr., J.), entered September 16, 2006 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint. In November 2003, plaintiffs were injured when the vehicle in which they were traveling struck Schenectady Police Offi...
In an action to recover amounts allegedly due under a separation agreement between plaintiff and defendant, formerly husband and wife, in which the *627complaint pleads two causes of action, the defendant husband appeals: (1) from so much of an order of the County Court, Westchester County, dated June 30, 1959, as gran...
In an action by a wife against her husband to annul their marriage by reason of his premarital fraudulent concealment of a mental illness with which he was afflicted prior to the marriage, plaintiff appeals: (1) from so much of an order of the Supreme Court, Kings County, dated June 1, 1960, as grants defendant’s motio...
Carpinello, J. Appeal from an order of the Supreme Court (Coccoma, J), entered April 10, 2006 in Otsego County, which, inter alia, denied plaintiffs motion to dismiss defendants’ affirmative defenses of release and assumption of risk. On November 7, 2004, plaintiff paid a fee to participate in a “fun day” at a cycle pa...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Petitioner was observed by a female correction officer exposing his genitals an...
Per Curiam. Respondent was admitted to practice by this Court in 1988 and maintains a law office in the Town of Liberty, Sullivan County. Petitioner commenced this disciplinary proceeding against respondent as the result of a complaint filed by a client who respondent represented in a custody matter. Petitioner charged...
Mugglin, J. Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered March 10, 2006, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. Defendant appeals fro...
Crew III, J.E Appeals (1) from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered June 17, 2002, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the second degree and criminal possession of marihuana in the first degree, and (2) from a...
Rose, J. Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered November 21, 2003, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. Defendant was arrested and interviewed by pol...
Cardona, P.J. Appeals (1) from a judgment of the County Court of Broome County (Smith, J.), rendered February 20, 2004, upon a verdict convicting defendant of the crimes of murder in the second degree and conspiracy in the second degree, and (2) from a judgment of said court, rendered July 20, 2004, which resentenced d...
Mugglin, J. Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June 24, 2004, upon a verdict convicting defendant of the crime of murder in the second degree. On this appeal from a verdict convicting him of murdering his mother, defendant makes four arguments urging reversal. First, he ...
Cardona, EJ. Appeal from a judgment of the County Court of Broome County (Smith, J), rendered March 10, 2004, upon a verdict convicting defendant of the crimes of murder in the second degree, conspiracy in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the...
Carpinello, J. Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 29, 2005, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree. On December 15, 2004, a seven-count indictment was handed up against defendant cha...
Carpinello, J. Appeal from a judgment of the County Court of Schenectady County (Catena, J.), rendered January 6, 2005, upon a verdict convicting defendant of the crime of robbery in the first, degree. A convenience store clerk was robbed at gunpoint one evening by a man wearing boots, a shiny black jacket with zippers...
Spain, J. Appeal from a judgment of the Supreme Court (Main, Jr., J.), rendered September 14, 2005 in Franklin County, convicting defendant upon his plea of guilty of the crime of reckless endangerment in the first degree and driving while intoxicated. Defendant waived indictment in Supreme Court and pleaded guilty to ...
Spain, J. Appeal from a judgment of the County Court of Chenango County (Sullivan, J.), rendered September 16, 2005, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the third degree. Defendant was charged with burglary in the third degree, grand larceny in the third degree ...
Lahtinen, J. Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered October 4, 2005, upon a verdict convicting defendant of the crimes of attempted murder in the second degree and assault in the first degree. In the early morning hours of October 30, 2004, defendant encountered the victim a...
Spain, J. Appeal from a judgment of the Supreme Court (Spargo, J.), entered February 7, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to seal an indictment contained in petitioner’s criminal record. In this proceeding, petitioner—a pro...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Superintendent of Southport Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules. Petitioner was charged in a ...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of posse...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of respondent which found petitioner guilty of violating certain prison disciplinary rules. Petitioner was charged in a misbehavior report with makin...
Carpinello, J. Appeal from an order of the Supreme Court (Coccoma, J.), entered April 26, 2006 in Delaware County, which denied defendant’s motion for summary judgment dismissing the complaint. Plaintiffs live near Bull Run Creek in the Village of Margaretville, Delaware County. During the summer of 2001, reconstructio...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Petitioner, while an inmate at Sullivan Correctional Facility in Sullivan Count...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 15, 2005, which ruled that Twin-Tex Corporation was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated. Claimant worked as a salesperson for Twin-Tex Corporation, a w...
*1031Appeal from a judgment of the Supreme Court (Stein, J.), entered June 15, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying his request for parole release. Petitioner was convicted in 1979 of two co...
Peters, J. Appeal from an order of the Court of Claims (Hard, J.), entered September 27, 2005, which granted defendant’s motion to dismiss the claim. Claimant commenced this action on May 19, 2004 by filing and serving a claim alleging damages resulting from the garnishment of her wages following her default on a stude...