1,819 results for 'court:"New York Appellate Divisions"'.
Per curiam, the appellate division finds that attorney Sheila Vichele McCorkle may be reinstated following her May 2019 suspension for failing to meet attorney registration requirements because McCorkle complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-121-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly granted the seller's motion to dismiss a complaint for specific performance related to the sale of a property. The evidence shows the buyer was not able or willing to close by the closing date, as it did not have the requisite financing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: 03083, Categories: Property, Contract
J. Fisher finds that the lower court improperly annulled a town assessor's revocation of a nonprofit group's property tax exemption because activities at headquarters property were not solely charitable. By contracting to oversee a watershed management program for New York City, the group also helped to attract and maintain industry in local communities outside the city. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 8, 2023, Case #: 535070, Categories: Corporations, Property, Tax
Per curiam, the appellate division finds that attorney Zhiyu Chen may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Chen complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-119-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Maria Veronica Yepez may be reinstated following her September 2022 suspension for failing to meet attorney registration requirements because Yepez complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-122-23, Categories: Attorney Discipline
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J. Garry finds that the lower court properly declined to return a child to the mother from out-of-home placement imposed on grounds that he had been subjected to excessive corporal punishment by the father of her younger child. The mother failed to demonstrate she had advanced beyond supervised visits with the older child or that she had engaged with all required social services. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 8, 2023, Case #: 535498, Categories: Family Law
Per curiam, the appellate division finds that attorney Remi Bresson Auba may be reinstated following his September 2002 suspension for failing to meet attorney registration requirements since Auba complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-118-23, Categories: Attorney Discipline
J. Lynch finds that thoroughbred trainer Linda Rice was properly cited for receiving access to names and past performances of horses entered in New York races she also might enter, but that revoking her license for three years was an overly harsh penalty. While the practice is not barred under written policy, substantial evidence indicates Rice received confidential information on a regular basis over several years in violation of racing standards. However, similar information is sometimes proffered to entice trainers to fill out cards for a race.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 8, 2023, Case #: 535481, Categories: Licensing
J. Clark finds that the workers' compensation board properly denied a housekeeper benefits on grounds that she did not suffer an occupational disease because she failed to present competent medical evidence linking a back condition that required surgery to "distinctive features" of her employment. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 8, 2023, Case #: 535214, Categories: Workers' Compensation
Per curiam, the appellate division finds that the lower court properly found for the state on an administrative law judge's age discrimination claims. The judge failed to show that the temporary suspension of his supervisory duties, and the decision not to consider him for a new position was motivated by consideration of his age. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03030, Categories: Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the school's motion to compel discovery in a personal injury suit. The family must provide the school with a supplemental bill of particulars describing the location of the accident beyond just the address of the school. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03028, Categories: Tort, Discovery
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit stemming from a trip and fall on a sidewalk in front of a CVS Pharmacy. The height differential between the sidewalk and the curb where the customer tripped was physically insignificant and did not create a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03002, Categories: Tort
J. Maltese finds that the lower court properly declined to dismiss a personal injury suit stemming from the fall of a chunk of concrete that knocked a man unconscious on a subway platform. The city failed to make a prima facie showing that it did not cause of create the dangerous condition in the sidewalk above the station. Affirmed.
Court: New York Appellate Divisions, Judge: Maltese, Filed On: June 7, 2023, Case #: 03007, Categories: Tort
Per curiam, the appellate division finds that the lower court properly dismissed this construction injury suit stemming from a worker's fall on ice. The worker's alleged injury was not caused by a hazard inherent in the work he was obligated to perform. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02989, Categories: Employment, Tort
Per curiam, the appellate division finds that the lower court properly denied the plaintiff's motion for a stay of these proceedings pending resolution of a related criminal action. Plaintiff did not make the application for stay until after he was already deposed, and the court already precluded him from testifying on any matter for which he invoked his Fifth Amendment privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02968, Categories: Civil Procedure, Civil Rights
Per curiam, the appellate division finds that the lower court improperly denied the studio's motion to vacate a judgment in a landlord-tenant dispute. The studio's counsel explained his noncompliance with court notices was due to the Covid-19 pandemic, which forced him to lay off staff. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02900, Categories: Civil Procedure, Landlord Tenant
Per curiam, the appellate division finds that the lower court improperly granted the coalition's petition to invalidate the commission's decision to permit the construction of a particular building at 250 Water Street in Manhattan. Statements made during the public hearing concerning funding for a district museum do not show the determination rested upon improper considerations, nor did the coalition present any evidence of an improper quid pro quo between the commission and the developer. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02992, Categories: Administrative Law, Real Estate
Per curiam, the appellate division finds that the lower court properly denied the attorney's motion to dismiss this legal malpractice action. The client plausibly alleged the attorney failed to submit documents proving its entitlement to a $652,000 offset against the $550,000 in damages sought by a party in the underlying action, resulting in a half million judgment against the client. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02980, Categories: Legal Malpractice
Per curiam, the appellate division finds that attorney Douglas Robert Schwartz may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Schwartz cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-116-23, Categories: Attorney Discipline
J. Clark finds that an iron worker who aggravated a prior work-related neck injury was properly granted workers' compensation benefits because testimony from medical experts supported the conclusion that a slip-and-fall incident exacerbated the previous injury. Meanwhile, the carrier's request to reopen or rehear the matter was properly denied for lack of new evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 1, 2023, Case #: 534595, Categories: Workers' Compensation
J. Aarons finds that the lower court properly reclassified defendant as a risk level two sex offender. Defendant sought to reduce his classification from level three to level one since he had gone 20 years without committing additional sex crimes and maintained steady employment and a stable home life, but he incurred an unrelated misdemeanor conviction during that period. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 1, 2023, Case #: 535541, Categories: Sentencing, Sex Offender
J. Garry finds that a logistics broker that arranges transport for time-sensitive medical materials was properly found to be an employer liable for additional unemployment insurance contributions based on remuneration paid to a driver and others like him. The company contends the drivers were independent contractors screened and engaged through a third party, but the company exercised sufficient control over them to create an employer-employee relationship. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 1, 2023, Case #: 533867, Categories: Employment
J. Lynch finds that a construction worker was properly precluded from presenting evidence to support schedule loss of use claims concerning injuries incurred when he tried to remove a heavy box from a shelf. The orthopedic surgeon who examined the worker was an independent medical examiner rather than a treating physician, but he did not follow protocol in performing the examination. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 1, 2023, Case #: 534963, Categories: Workers' Compensation
J. Pritzker finds that the workers' compensation board properly granted an employer reimbursement for wages paid to an employee during his period of disability because the employer continued regular wages and thus was due credit against the permanent partial disability award, to avoid the employee's receiving a windfall. Meanwhile, the employee was properly denied reconsideration. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 1, 2023, Case #: 534672, Categories: Workers' Compensation
J. McShan finds that the workers' compensation board properly held that claimant's application for benefits had not contained misrepresentations. The carrier contends claimant failed to disclose a prior claim contending he sustained injury working in manufacturing, but material information had not been withheld when claimant recalled a claim concerning his lower back and another claim concerning his neck. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: CV-22-1920, Categories: Workers' Compensation
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to burglary. Defendant contends proper procedures had not been followed in designating him a second felony offender, even though he had been aware he would be sentenced as such, but he failed to preserve the argument for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: 112433, Categories: Burglary, Criminal Procedure, Plea
Per curiam, the appellate division finds that attorney Hubert Christopher Raglan's request for reinstatement from his September 2022 suspension for failing to meet registration requirements should be denied. While Raglan cured the delinquency, he fell behind again, subjecting himself to potential new discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-110-23, Categories: Attorney Discipline