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Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered July 14, 2006 in Ulster County, which dismissed *1032petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison di...
*1033Proceeding 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits. Petitioner worked as a senior court officer and was ass...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 2005, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant worked as a medical secretary in the pathology department o...
Mugglin, J. 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 denied petitioner’s application for accidental disability retirement benefits. Petitioner, a police officer, while searching a split-level ...
Lahtinen, J. 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 denied petitioner’s application for accidental disability retirement benefits. Petitioner, a police officer, suffered a fracture of his le...
*1038Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 9, 2005, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed. Claimant was the named president of WW Rebar Corporation, a contracting firm. He was als...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 24, 2005, which ruled that claimant was ineligible to receive unemployment insurance benefits because he did not comply with certification and registration requirements. Claimant was terminated from his position as a security officer on Ap...
Lahtinen, J. Appeal from a decision of the Workers’ Compensation Board, filed November 21, 2005, which ruled that the death of claimant’s decedent was not causally related to his employment. Decedent, claimant’s husband, collapsed at work and died shortly thereafter of coronary artery disease. Because decedent was at w...
Rose, J. Appeal from a judgment of the Supreme Court (Mc-Dermott, J.), entered March 7, 2006 in Madison County, which, in a combined proceeding pursuant to CPLR article 78 and plenary action, granted respondents’ motion to dismiss the petition/complaint. *1042In 2003, respondent Colgate University adopted a program req...
Cardona, PJ. Appeal from an order and judgment of the Supreme Court (Kramer, J.), entered January 6, 2006 in Schenectady County, which awarded plaintiff $750,000 in punitive damages from defendant William J. Schady, III. Defendant William J. Schady, III (hereinafter defendant), a pharmacist, pleaded guilty to criminall...
In an action for specific performance of an agreement to assign a patent (1st cause of action) and for a declaratory judgment or for reformation of an agreement and a general release (2d cause of action), plaintiff appeals: (1) from an order of the Supreme Court, Nassau County, dated March 29, 1960, granting defendant’...
Peters, J. Appeal from a judgment of the Supreme Court (Stein, J.), entered April 10, 2006 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Correctional Services finding that petitioner Delores Coleman was not ...
In an action by the female plaintiff to recover damages for personal injuries sustained by her when she fell while alighting from defendant’s bus in a bus terminal maintained by defendant, and by her husband to recover *637damages for medical expenses and loss of services, the defendant appeals from a judgment of the S...
Peters, J. Appeal from an order of the County Court of Clinton County (McGill, J.), entered March 30, 2006, which, inter alia, partially affirmed a judgment of the City Court of the City of Plattsburgh in favor of plaintiff. As here relevant, defendant had licensing agreements to operate food and beverage concessions a...
In an action to recover damages for the wrongful death of plaintiff’s intestate, and for his pain and suffering prior to death, the plaintiff appeals from an order of the Supreme Court, Kings County, dated July 5, 1960, denying her motion to strike out certain items from defendant’s demand for a bill of particulars. Or...
In an action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Kings County, in favor of defendants, entered September 5, 1957, upon a dismissal of the complaint directed by the court at the close of plaintiffs’ case, during a jury trial. Defendants Weiner and defendant B...
Rose, J. Appeals (1) from a decision of the Workers’ Compensation Board, filed March 18, 2005, which ruled that claimant did not sustain a causally related injury and denied his claim for workers’ compensation benefits, and (2) from a decision of said Board, filed September 19, 2005, which denied claimant’s request for...
Per Curiam. Respondent was admitted to practice by this Court in 1963. He maintains an office for the practice of law in the City of Albany. As set forth in the petition of charges and in violation of the Appellate Division disciplinary rules (see Code of Professional Responsibility DR 1-102 [a] [4], [5], [7] [22 NYCRR...
In an action by the infant plaintiff to recover damages for personal injuries sustained by him, and by his father for medical expenses and for loss of companionship and services, the defendant appeals from an order of the County Court, Nassau County, dated April 21, 1960, granting plaintiffs’ motion for summary judgmen...
In an action to recover damages for conversion, defendant Stoll Packing Corp. appeals from an order of the Supreme Court, Queens County, dated December 3, 1959, denying its motion for summary judgment and granting plaintiff’s cross motion to amend its previously amended *640complaint. Order modified by striking out its...
Mugglin, J. Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered February 16, 2006, upon a verdict convicting defendant of the crimes of criminal trespass in the second degree, unlawful imprisonment in the first degree, criminal possession of a weapon in the third degree and menacing i...
Carpinello, J. Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered April 24, 2006, convicting defendant upon his plea of guilty of the crime of petit larceny. Defendant was indicted for grand larceny in the fourth degree after he stole lottery tickets valued at $2,520. He subseque...
Crew III, J.P. Appeal from an order of the County Court of Schenectady County (Drago, J.), entered March 22, 2006, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act of 2005. In September 1999, defendant was sentenced upon his plea of guilty of criminal possession of a controlled subst...
In an action to recover damages for personal injuries resulting from an airplane accident, defendant appeals from an order of the Supreme Court, Nassau County, dated December 10, 1959, granting plaintiff’s motion to open his default, to vacate the dismissal of the action, and to restore it to the Trial Calendar. The ac...
Spain, J. Appeals (1) from a judgment of the Supreme Court (Lamont, J.), rendered May 7, 2003 in Albany County, upon a verdict convicting defendant of the crime of burglary in the second degree, and (2) by permission, from an order of said court, entered December 5, 2003 in Albany County, which denied defendant’s motio...
Crew III, J. Appeal from a judgment of the County Court of Delaware County (Becker, J.), entered November 22, 2004, upon a verdict convicting defendant of the crimes of gang assault in the second degree and criminally negligent homicide. Defendant was indicted for manslaughter in the first degree, manslaughter in the s...
In a proceeding by a landlord, pursuant to article 78 of the Civil Practice Act, to review a determination of the State Rent Administrator that a housing accommodation is not self-contained *642and, therefore, is not subject to decontrol within the purview of subdivision 12 of section 9 of the State Rent and Eviction R...
In a proceeding under section 50-e of the General Municipal Law, the New York City Transit Authority appeals from so much of an order of the Supreme Court, Queens County, dated March 3, 1960, as grants to the infant claimant, 12 years of age, leave to serve a late notice of claim for personal injuries. The said order d...
Mugglin, J. Appeals (1) from a judgment of the County Court of Columbia County (Nichols, J.), rendered October 14, 2003, convicting defendant upon his plea of guilty of the crimes of arson in the third degree, reckless endangerment in the first degree and assault in the third degree (two counts), and (2) by permission,...
In a proceeding, pursuant to section 12-a of the Lien Law, to amend a notice of lien, the lienor petitioner appeals, as limited by its brief, from so much of two orders of the Supreme Court, Westchester County, dated, respectively, January 29, 1960 and July 7, 1959, as reduce to $14,587 the amount of the lien heretofor...
In an action to recover damages for conspiracy by defendants to take away plaintiff’s customers, the jury rendered a verdict (a) against the two corporate defendants for $50,000 compensatory and $35,000 punitive damages, and (b) in favor of the two individual defendants. The trial court granted the motion of the corpor...
Cardona, EJ. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 26, 2005, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree. While an inmate at Shawangunk Correctional Facility in Ulster County, defendant was involved in a physical al...
Carpinello, J. Appeal from a judgment of the Supreme Court (Main, Jr., J.), rendered September 2, 2005 in Franklin County, upon a verdict convicting defendant of the crime of aggravated harassment in the second degree. Defendant stands convicted of aggravated harassment in the second degree stemming from evidence that ...
These two actions, which were consolidated and tried together, arise from an intersection collision between an automobile and a taxicab. The first action is by the automobile’s owner and operator against the taxicab’s owner and operator, to recover damages for injuries to person and property. The second action is by th...
Mercure, J. Appeal from an order of the County Court of Albany County (Herrick, J.), entered December 8, 2005, which denied defendant’s motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified evidence. Defendant was convicted in 1987 of rape in the first degree *1067(two counts), ra...
In an action pursuant to article 15 of the Real Property Law to compel the determination of conflicting claims to the use of the water of Lake Tiorati in Orange County, defendant appeals, as limited by its brief, from two orders: (1) an order of the Supreme Court, Orange County, dated February 15, 1960, and entered in ...
Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered December 20, 2005, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and burglary in the third degree. Defendant removed a safe from a private home and, as a result, was charged in an indict...
. In an action, pending in the Supreme Court, Nassau County, to recover damages for injuries to the person, defendant appeals from an order of said court, dated June 6, 1960, denying his motion: (a) to remove to the Supreme Court an action pending in the District Court of Nassau County, to recover damages for injury to...
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 a prison disciplinary rule. After a correction officer observed petitioner acting in an unusual manner, petitioner...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 26, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant worked for the employer as an insurance consultant at a telephone call cen...
In an action to recover a balance claimed to be due under a written contract, defendant appeals from a judgment of the Supreme Court, Queens County, entered January 26,1960, upon a directed verdict for plaintiffs, after a jury trial. Judgment reversed on the law and the facts and a new trial granted, with costs to abid...
Mugglin, J. Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered March 24, 2006 in Rensselaer County, which granted plaintiffs motion for partial summary judgment on the issue of liability. In this personal injury action, following joinder of issue, plaintiff sought and was granted partial summary judg...
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 a prison disciplinary rule. Petitioner was charged in a misbehavior report with using a controlled substance after...
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. While a correction officer was attempting to frisk petitioner with a handheld m...
Crew III, J.E Appeal from an order of the Family Court of Ulster County (Mizel, J.), entered May 12, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody. Respondent Mercedes E Mori (hereinafter respondent) is the biological mother of four...
In an action to have a zoning ordinance declared unconstitutional and void, insofar as it affects land owned by the plaintiff, defendants appeal from an order of the Supreme Court, Suffolk County, dated June 28, 1960, denying their motion for summary judgment dismissing the complaint (Rules Civ. Prac., rule 113). Plain...
Spain, J. Appeal from an amended decision of the Workers’ Compensation Board, filed December 5, 2005, which ruled that claimant’s right knee injury was a continuation of an injury from a previously established case and denied his claim for workers’ compensation benefits. *1077Claimant, an inspector for the New York Cit...
Carpinello, JJ. 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 Board of Parole which revoked petitioner’s parole. In 1983, petitioner was convicted of rape in the first degree and was sentenced to 8h to 25 years...
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules. Petitioner failed to cooperate with correction o...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 2, 2005, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed. Claimant worked as a radiologist at two...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 16, 2006, which, upon reconsideration, adhered to its prior decision ruling that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed. Claimant and her husband own and operate a diner w...
Appeals from five decisions of the Unemployment Insurance Appeal Board, filed February 24, 2006, which, upon reconsidera*1083tion, adhered to its prior decisions ruling that Life Alert Emergency Response, Inc. was liable for additional unemployment insurance contributions based on remuneration paid to claimants and oth...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 3, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant worked as a payroll specialist at a hospital. She was terminated from her pos...
Carpinello, J. Appeal from an order of the Supreme Court (Hummel, J.), entered December 1, 2005 in Ulster County, which granted defendants’ motion to dismiss the complaint at the close of plaintiffs case. Flaintiff’s pickup truck was the second vehicle behind a stopped school bus at a designated school bus stop when it...
*1087Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant worked as a closing shift manager for a department store. Despite p...
Rose, J. Appeal from an order and judgment of the Supreme Court (Ferradme, J.), entered July 7, 2006 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted certain respondents’ motions to dismiss the petition. Petitioner is a resident of Greene County ...
Lahtinen, J. (1) Cross appeals from an order of the Supreme Court (Coccoma, J.), entered June 16, 2006 in Otsego County, as amended by an order of the said court, entered June 23, 2006 in Otsego County, upon a decision of the court in favor of plaintiff, and (2) appeal from the judgment entered thereon. This dispute ce...
Lahtinen, J. Appeal from a judgment of the Supreme Court (Teresi, J.), entered August 25, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding that petitioners do not qualify for support payments pursuant to the Ora...
Mercure, J. Appeal from an order of the Supreme Court (Feldstein, J.), entered September 6, 2005 in Clinton County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, inter aha, denied petitioner’s application for poor person status. In 1997, petitioner was convicted of rap...
Kane, J. Appeal from a decision of the Workers’ Compensa*1095tion Board, filed February 28, 2005, which ruled that claimant did not sustain a causally related consequential injury. Following claimant’s November 2002 accident wherein he slipped on wet steps while working as a maintenance assistant at Auburn Correctional...
In an action to recover damages for injuries to person and property caused by the overturning of a truck owned and operated by defendant, said defendant appeals from an order of the Supreme Court, Queens County, dated June 8, 1960, granting summary judgment in favor of plaintiffs and striking out defendant’s answer, pu...
Mercure, J.E Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Public Health Law § 230-c [5]) to review a determination of the Administrative Review Board for Professional Medical Conduct which, inter alia, censured petitioner. Petitioner is a licensed orthopedic surgeon and Chief of Orthopedi...
Mugglin, J. Appeal from an order of the County Court of Broome County (Smith, J.), entered September 28, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act. Defendant pleaded guilty to attempted sodomy in the first degree and was thereafter sentenced to a pri...
Kane, J. Appeal from a judgment of the Supreme Court (Feldstein, J.), entered January 5, 2006 in St. Lawrence County, which dismissed petitioner’s application, in a proceeding pursuant to CELR article 70, without a hearing. Following his conviction of manslaughter in the first degree, petitioner was sentenced to a pris...
Kane, J. Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 10, 2006, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree. As a result of her sale of cocaine to an undercover officer in the presence of a confidential inform...
Spain, J. Appeal from a judgment of the County Court of Saratoga County (Scarano, Jr., J.), rendered March 24, 2006, convicting defendant upon her plea of guilty of, inter alia, the crime of attempted criminal sale of a controlled substance in the third degree. *1103Pursuant to a negotiated plea agreement, defendant pl...
Rose, J. Appeal from a judgment of the County Court of Franklin County (Richards, J,), rendered May 8, 2006, which revoked defendant’s probation and imposed a sentence of imprisonment. On April 25, 2005, having pleaded guilty to a fifth conviction for driving while intoxicated, defendant was sentenced to five years of ...
Kane, J. Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered February 14, 2002, upon a verdict convicting defendant of the crimes of attempted murder in the second degree and criminal possession of a weapon in the third degree. While the victim was driving defendant home, defendant s...
Cardona, P.J. Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered May 19, 2003, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree. Defendant waived indictment by a grand jury and agreed to be prosecuted by a...
Carpinello, J. Appeal from an order of the County Court of Chenango County (Sullivan, J.), entered October 4, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act. In September 2002, defendant pleaded guilty to the crime of sodomy in the second degree in full s...
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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules. Petitioner was found guilty of violent conduct a...
Mercure, J.E Appeal from a decision and two amended decisions of the Workers’ Compensation Board, filed May 26, 2005, June 29, 2005 and March 9, 2006, which, inter alia, ruled that an employer-employee relationship existed between claimant’s decedent and Liberty Group Publishing, Inc. and awarded claimant workers’ comp...
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 which found petitioner guilty of violating a prison disciplinary rule. Petitioner was charged in a misbehavior report with using a controlled substance afte...
Mercure, J.P. Appeals (1) from a judgment of the Supreme Court (Bradley, J.), entered October 31, 2005 in Ulster County, upon a dismissal of the complaint at the close of certain testimony, and (2) from an order of said court, entered October 31, 2005 in Ulster County, which denied plaintiffs motion to set aside the ju...
Mugglin, J. Appeal from a judgment of the Supreme Court (Hoye, J.), entered March 6, 2006 in Schenectady County, which, inter alia, granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Schenectady County Civil Service Commission requiring petitioner Suzanne Burn...
Mugglin, J. Appeal from an order of the Supreme Court (Dawson, J.), entered March 16, 2006 in Clinton County, which denied plaintiffs motion for summary judgment. This is the second of two related actions. Flaintiff issued a policy of title insurance for Wolodymyr Bula and Leanne Bula insuring the title to certain land...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 24, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant worked as resident supervisor at a halfway house for approximately 16 ...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 5, 2005, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she refused an offer of suitable employment without good cause. Claimant was employed by a temporary placement agency....
Crew III, J.E Appeal from an order of the Supreme Court (McNamara, J.), entered June 6, 2006 in Albany County, which, inter alia, granted defendants’ motion to dismiss the complaint. Elaintiff, a physician who is the subject of an ongoing investigation by defendant Office of Frofessional Medical Conduct (hereinafter OF...
Crew III, J.P. Appeal from an order and judgment of the Supreme Court (Ceresia, Jr., J.), entered January 27, 2006 in Rensselaer County, which, inter alia, denied plaintiffs motion for summary judgment. Defendant Thomas L. Scott (hereinafter defendant) is the recipient of certain payments under a structured settlement ...
Mugglin, J. Appeal from a judgment of the Supreme Court (Connor, J.), entered December 29, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to accept petitiorier’s withdrawal of his letter of resignation. Petitioner, a construction equipm...
Rose, J. Appeal from an order of the Supreme Court (Dawson, J.), entered April 4, 2006 in Clinton County, which denied defendant’s motion for summary judgment dismissing the complaint. *1124After injuring his right shoulder at work, plaintiff consulted an orthopedic specialist who diagnosed a ruptured biceps and recomm...
Mercure, J.E Appeal from a decision of the Workers’ Compensation Board, filed January 11, 2006, which ruled that claimant’s injury arose out of and in the course of his employment and awarded claimant workers’ compensation benefits. Claimant was injured while playing softball at a company picnic organized by the employ...
Spain, J. 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 denied petitioner’s applications for accidental and performance of duty disability retirement benefits. Petitioner, a police officer, sustain...
Peters, J. Appeal from an order of the County Court of Chemung County (Buckley, J.), entered July 28, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act. In October 1979, defendant entered the victim’s home, held her down on her bed and forcibly raped her. Fo...
Lahtinen, J. Appeal from an order of the County Court of Broome County (Mathews, J.), entered October 31, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act. Defendant pleaded guilty in 1993 to sexual abuse in the first degree in satisfaction of an indictment...
Mugglin, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered February 6, 2006, convicting defendant upon his plea of guilty of the crime of forgery in the second degree. Defendant pleaded guilty to forgery in the second degree with the expectation that he would be sentenced to a prison ...
Mugglin, J. Appeal from a judgment of the County Court of Otsego County (Burns, J.), rendered August 19, 2005, which revoked defendant’s probation and imposed a sentence of imprisonment. Defendant pleaded guilty to sexual abuse in the first degree and was sentenced to four months of intermittent incarceration and five ...
Motion by appellant to extend time to perfect appeal, granted, on condition that appellant perfect the appeal and be ready to argue or submit it at the March Term, beginning February 27, 1961. The appeal is ordered on the calendar for said term. Motion by appellant to dispense with the printing of the exhibits granted;...
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 8, 2004, upon a verdict convicting defendant of the crimes of rape in the second degree, unlawfully dealing with a child in the first degree and endangering the welfare of a child. Defendant was charged with several crimes ...
Spain, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered November 16, 2005, upon a verdict convicting defendant of the crime of burglary in the third degree. *1135On February 27, 2005, defendant went to a laundromat in the City of Albany and used the machines. The owner’s nephew, wh...
Peters, J. 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 Comptroller which, inter alia, denied petitioner’s application for performance of duty disability retirement benefits. Petitioner, a police office...
In a probate proceeding, the residuary legatee named in an instrument, dated December, 1955, offered for probate as decedent’s last will and testament, appeals from so much of a decree of the Surrogate’s Court, Queens County, rendered December 16, 1959 after a nonjury trial, as denies probate to said instrument on the ...
In an action for a declaratory judgment to determine plaintiff’s liability under the “uninsured automobile endorsement” on its automobile liability insurance policy issued to defendant, and to determine whether it is obliged to proceed with the arbitration of a claim under said indorsement, the plaintiff appeals from a...
Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered May 22, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review determinations of the Central Office Review Committee denying his grievances. While incarcerated at Eastern Correctional Fac...
These two actions were consolidated and tried together. Action No. 1 was brought by plaintiff George S. Moss to compel the conveyance to him of certain real property, alleged to have been fraudulently conveyed to other defendants by defendant Roy M. Carstairs; to compel an accounting of the rents and profits derived fr...
Mercure, J. Appeal from an order and judgment of the Supreme Court (Clemente, J.), entered August 16, 2005 in Sullivan County, which granted a motion by defendant Board of Management of Four Star Estates Condominium for summary judgment dismissing the complaint against it. This action involves a 50-foot unimproved sect...
Defendant appeals: (1) from an order of the County Court, Kings County, dated September 18, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered April 30, 1947, convicting him, on his plea of guilty, of robbery in the third degree, and sentencing him, as a second felo...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 14, 2006, which ruled that claimant was ineligible to receive additional unemployment insurance benefits pursuant to Labor Law § 599. While receiving regular unemployment insurance benefits, claimant applied for career training benefits purs...
Plaintiff appeals from a judgment of the Supreme Court in favor of defendant Morehouse, based upon a verdict of no cause of action in an automobile negligence case. Plaintiff alleged that, while standing in a parking lot *669where he was the attendant, he was negligently struck by an automobile owned by defendant Moreh...