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Carpincho, J. Appeal from a decision of the Workers’ Compen*1144sation Board, filed October 20, 2005, which ruled that claimant failed to give timely notice of his injury to his employer. Claimant, a forklift operator for Ace Hardware Corporation, began experiencing pain in his neck on March 25, 2004. Although claimant...
Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered July 14, 2006 in Ulster 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. In 1984, petitioner was convicted ...
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 24, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant worked for a cosmetics company for approximately 20 years. In an effo...
Appeal by the employer and carrier from an award of death benefits. The employer was engaged in the wholesale grocery business and employed degedent as a truck driver and delivery man. On October 16, 1950, decedent made a delivery at a school which required him to carry cases of canned goods and three 100-pound bags of...
Mugglin, J. Appeal from a decision of the Workers’ Compensation Board, filed February 3, 2006, which ruled, inter alia, that an employer-employee relationship existed between claimant and International Business Machines Corporation. Robert Floss is the owner of Colonial City Moving & Storage, a company that contracted ...
Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was employed as a practical nurse at a convalescent home. On February 25, 1952 she sustained a comminuted fracture of the right patella in the course of her work, and the following year, as a result of the first injury, sustained a further f...
Defendant appeals from an order of the Supreme Court which denied a motion to dismiss the complaint pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice on the ground of failure to diligently prosecute the action. Plaintiff seeks to recover $2,139.12 for work, labor and services...
Crew III, J.P. Appeal from that part of an order of the Supreme Court (Ceresia, Jr., J.), entered July 26, 2006 in Rensselaer County, which partially denied the motion of defendant H.R. Talmon Claim Associates to dismiss the complaint against it. In January 2004, plaintiffs contacted defendant William J. Fagan & Sons, ...
The employer and carrier appeal from an award for disability compensation. Appellants challenge the finding of employer-employee relationship, and also the jurisdiction of the New York Workmen’s Compensation Board. Cushman, the alleged employer, was a public trainer of race horses, training many horses for several owne...
Carpinello, J. Appeal from a decision of the Workers’ Compensation Board, filed February 24, 2006, which ruled that claimant did not sustain an accidental injury in the course of his employment and denied his claim for workers’ compensation benefits. On April 4, 2005, claimant, a school safety agent for the New York Ci...
Defendant appeals from an order of the Ulster County Court which denied his motion for a correction of sentence. Defendant was convicted after a jury trial of rape in the first degree under the first count of an indictment, and of assault in the second degree under the second count of the same indictment. He was therea...
Rose, J. Appeal from an order of the County Court of Chemung County (Buckley, J.), entered April 20, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act. In 1986, defendant pleaded guilty to the crime of sodomy in the first degree in full satisfaction of a fou...
Appeal from a decision and award of the Workmen’s Compensation Board. Claimant was injured playing baseball in a team sponsored by his employer, the Dahlstrom Metallic Door Co. The team was a member of the Industrial League of Jamestown. An award has been made and the issue is whether the case falls within Matter of Wi...
Appeal from an order of the Supreme Court, Monroe County (William E Eolito, J.), entered September 22, 2005 in a proceeding pursuant to CFLR article 75. The order denied the petition, granted the cross petition and confirmed the arbitration award. *1153It is hereby ordered that the order so appealed from be and the sam...
Scudder, RJ. (dissenting). I disagree with the majority that the arbitrator did not exceed her authority, and I therefore respectfully dissent. The collective bargaining agreement (CBA) between petitioner and respondent Rochester Teachers Association (Association) established a “Living Contract Committee” *1154(LCC). T...
Appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board. Claimant was employed by a night club, in a covered employment under the Unemployment Insurance Law, to run an elevator and take out garbage for two hours a day, six days a week, at $13.50 a week. He was separately employe...
Appeal from a judgment of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered August 5, 2005. The judg*1156ment was entered upon an order granting the motion of defendants State of New York, New York State Division of State Police, and James W McMahon, individually and as Superintendent of New York State Pol...
The Industrial Commissioner appeals from a decision of the Unemployment Insurance Appeal Board, holding, contrary to the initial determination of the Commissioner, that claimant had worked in a covered employment in New York and was qualified for benefits. Claimant was employed by the New York office of the employer as...
*1158Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered December 27, 2005 in a breach of contract action. The order, insofar as appealed from, granted the motion of defendant Life Insurance Company of Boston & New York for summary judgment dismissing the complaint against it and deni...
Gorski, J.P, and Green, J. (dissenting in part). We respectfully dissent in part. “[I]t is generally a question for the jury to determine whether a policyholder is totally disabled within the meaning of the policy provision” (Godesky v First Unum Life Ins. Co., 239 AD2d 547, 548 [1997], citing McGrail v Equitable Life ...
Appeal from a judgment of the Supreme Court, Erie County (John P Lane, J), entered March 17, 2006 in a personal injury action. The judgment, insofar as appealed from, dismissed the amended complaint against defendants Damon D. Vinson and James E. Vinson upon a jury verdict. It is hereby ordered that the judgment so app...
Gorski, J.E, and Green, J. (dissenting). We respectfully dissent. In our view Supreme Court erred in denying plaintiffs motion to set aside the verdict as inconsistent and against the weight of the evidence and in failing to grant a new trial on the issue of proximate cause. Based upon the evidence presented at trial, ...
Appeal from a decision and award of the Workmen’s Compensation Board. Decedent fell while carrying steel rods down a steep ramp and died. There was no autopsy; but the medical examiner gave the cause of death *676as “ coronary sclerosis ”. The board could find, however, that decedent was alive when the fall began. An e...
Appeal from a judgment of the Court of Claims dismissing the claim for conscious pain and suffering and wrongful death of the claimant’s intestate based on the State’s negligence in failing to properly maintain a highway. The claimant’s intestate was driving his motorcycle at a place on Route 17 known as Tuseorora Hill...
Appeal from a decision and award of the Workmen’s Compensation Board. Deceased employee worked as a grader machine operator in road construction. The employer’s place of business was about six miles from the site at which the decedent had been working with the grader. Near the place of business the employer owned a gar...
Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board for disability due to toxic hepatitis which the board held to be an occupational disease. In her employment for some six years by a manufacturer of novelties, claimant was exposed to lacquers and a thinner kept...
Appeal from a decision and award of the Workmen’s Compensation Board Decedent was a long distance truck driver and was killed when his truck went off the road near Irving, New York, on a trip scheduled between Buffalo and Sioux Cityq Iowa. He was hired by appellant Garvey, a common carrier; but since Garvey had no inte...
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered January 3, 2006 in a personal injury action. The order, insofar as appealed from, granted that part of the motion of defendants David W. Hoffman and David W. Hoffman and Amy E. Hoffman, trustees of the 1997 Hoffman Family Living Trust...
Appeal from a decision and award of the Workmen’s Compensation Board. Although a long period elapsed between the date of the accident (April 20, 1950) to which the decedent’s cardiac condition has been attributed, and his death (October 20, 1957), there are continued links of association of the two events which suffici...
Appeals from two orders of Surrogate’s Court, Albany County. Decedent died a resident of Albany County and a citizen of West Germany and the Surrogate has issued limited letters of administration to the Public Administrator. Decedent is survived by a mother and father residing in West Germany and who are citizens of th...
Appeal from an order of the Supreme Court, Chautauqua County (Paula L. Feroleto, J.), entered February 23, 2006 in a products liability action. The order denied defendant’s motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from be and the same hereby is affirmed witho...
Peradotto, J. (dissenting). I respectfully dissent. In my view, defendant met its initial burden of establishing its entitlement *1165to summary judgment as a matter of law, and plaintiff failed to raise an issue of fact (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). A defendant’s burden on a mo...
Appeal and cross appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 12, 2006 in a personal injury action. The order denied in part defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment on liability under L...
Appeal from an order of the County Court of Delaware County which denied, without a hearing, an application by defendant for an order in the nature of a writ of error coram nobis to vacate a judgment of conviction. The denial of the application for insufficiency of the petition was *680proper. The naked, conclusory all...
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered March 17, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, assault in the first degree, assault in the second degree (three counts) and endangering the welfare of a child. It is hereby ord...
Appeal from a judgment of nonsuit, Supreme Court, Sullivan County. In the course of constructing an access road in Liberty to the Monticello By-Pass the defendant piled rocks in an area about 20 feet around and four or five feet high, partly on the unfinished right of way of the access road and partially on Washington ...
*1171Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered May 3, 2005. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the third degree. It is hereby ordered that the judgment so appealed from be and the same he...
*1173Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered November 18, 2005 in a breach of contract action. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for leave to amend the complaint to add a cause of actio...
Appeal from a decision and award of the Workmen’s Compensation Board. Decedent was a garage mechanic for a taxi company. It could be found that, with the express permission of the employer, decedent repaired a car owned by a fellow-employee; and that there was some rather remote connection between the fellow-employee’s...
The State appeals from a judgment of the Court of Claims based upon an award of $4,500 for personal injuries sustained by claimant when she fell in a picnic area of a park maintained by the State. The accident happened in Palisades Interstate Park, which consists of a mountainous area on the west shore of the Hudson Ri...
This is an appeal from an order denying defendant’s motion to dismiss the amended complaint for insufficiency pursuant to rule 106 of the Rules of Civil Practice, on the grounds that it fails to state facts sufficient to constitute a cause of action. The action is for slander. The original complaint was dismissed (afte...
Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), entered May 8, 2006 in a declaratory judgment action. The judgment was entered in favor of defendants upon an order that, inter alia, denied plaintiffs’ motion for summary judgment and granted defendants’ cross motion for, inter alia, parti...
Appeal from a decision and award of the Workmen’s Compensation Board. Decedent was employed as a truck driver; hut occasionally helped to load and unload the truck. The record sustains a finding that on April 23, 1954, following strenuous physical effort helping to load his truck, decedent collapsed and died, and that ...
The State appeals from an order of the Court of Claims denying its motion to dismiss a claim, or at least a part of it, on the ground of res judicata. The claim alleges personal injuries sustained by claimant, a passenger in a car driven by one Murray on a State highway, *685when it struck a Long Island Lighting Compan...
Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Anthony J. Paris, J.), *1178entered April 25, 2006. The order and judgment, among other things, granted the motion of defendants Wyeth, Inc., formerly known as American Home Products Corporation, and Wyeth Pharmaceuticals, formerly kno...
199.) Claimants appeal from a judgment of the Court of Claims which dismissed their claims following a trial. Prior to July 6, 1953, the State of New York entered into a contract with the Torrington Construction Company for the widening and resurfacing of Route No. 9 from the Plattsburgh city line some distance south. ...
Petitioner appeals from an order of the Supreme Court which dismissed the- petition in a proceeding under article 78 of the Civil Practice Act. Petitioner sought an order directing that service of a sentence for a second felony conviction begin as of the date of imposition thereof. On January 28, 1946 petitioner was co...
Appeal from a decree of the Surrogate’s Court of Ulster County authorizing the sale of certain trust realty and settling the intermediate account of the trustee. The trust corpus consists of decedent’s apple farm with its improvements and equipment. Decedent’s direction and intent that this business be continued and be...
The State appeals from a judgment of the Court of Claims awarding damages for a change of grade of a street situated in the City of Yonkers and abutting the property of the claimant. Central Park Avenue in the City of Yonkers was a 100 foot-wide highway and a main artery for vehicular traffic between New York City and ...
Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered October 3, 2005. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree and unauthorized use of a vehicle in the first degree. It is hereby ordered that the judgment so appealed from be and the sam...
Scudder, EJ, and Green, J. (dissenting in part). We respectfully dissent in part. We do not agree with the majority decision that the sentence imposed for unauthorized use of a vehicle in the first degree (Penal Law § 165.08) must run concurrently with the sentence imposed for burglary in the third degree (§ 140.20), a...
*1182Appeal from an order of the Family Court, Monroe County (Gail A. Donofrio, J.), entered December 22, 2005 in a proceeding pursuant to Family Court Act article 4. The order denied petitioner’s objections to the order of the Support Magistrate entered November 2, 2005. It is hereby ordered that the order so appealed...
The employer and carrier appeal from an award of disability compensation. Appellants contend that the evidence fails to establish an employer-employee relationship, and further, that there was a failure to give written notice in compliance with section 18 of the Workmen’s Compensation Law. Claimant had previously been ...
Plaintiff appeals from an order of the Supreme Court which dismissed the first cause of action in an amended complaint on the ground of insufficiency. The defendant manufactures a dust vaccine for the immunization of chickens against two specific diseases. Plaintiff alleges that he purchased some of this dust vaccine f...
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered January 30, 2006. The order granted defendants’ motions to dismiss the supplemental amended complaint. It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in p...
Plaintiff appeals from an order of the Supreme Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment and dismissed the complaint, and from the judgment entered thereon. The Travelers Insurance Company issued to Dorothy Stickles and Bernard Stickles, doing b...
Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered March 1, 2006. The order granted defendant’s motion for summary judgment dismissing the amended complaint and denied plaintiffs cross motion for summary judgment. It is hereby ordered that the order so appealed from be and the sa...
Scudder, EJ, and Centra, J. (dissenting in part). We respectfully dissent in part and would affirm the order of Supreme Court that, inter alia, granted the motion of defendant for summary judgment dismissing the amended complaint. In our view, defendant met its burden of establishing as a matter of law that decedent mi...
The State appeals from an order of the Court of Claims which denied the State’s motion for an order dismissing two claims filed by the same claimant pursuant to rule 106 of the Rules of Civil Practice. One claim seeks to recover damages for alleged slanderous remarks made by an Assistant Attorney-General of the State t...
Appeal from a decision and award of the Workmen’s Compensation Board. 'Claimant’s right to an award of compensation as the widow of the decedent employee depends on the validity of a Mexican divorce obtained by the decedent against his first wife. This is not an attack upon the validity of the divorce by the first wife...
*1187Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J), entered March 27, 2006 in a personal injury action. The order granted the motion of defendants Kolpak, Inc., a division of KMT Refrigeration, Inc., KMT Refrigeration, Inc., a wholly owned subsidiary of the Manitowoc Food Service Compan...
Appeal from a judgment entered on a decision rendered after trial in the Court of Claims. The State appropriated for highway purposes .019 of an acre of claimant’s land on which billboards were erected. After appropriation it is established that claimant removed the billboards. Claimant’s proof was that before the taki...
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered March 11, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts) and a traffic infraction. It is ...
The State appeals from two judgments of the Court of Claims resulting from an award of $4,000 to Dorothy Downs for personal injuries and $500 to her husband in a derivative action. Claimant, Dorothy Downs, went with her husband and children to the James Baird State Park, operated and maintained by the State, on August ...
Appeal from a judgment (denominated order) of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered December 15, 2004 in a declaratory judgment action. The judgment declared that plaintiff is required to defend and indemnify defendant Terri L. Ross, public administrator of the estate of Ross Miller, decea...
This appeal is from an order denying defendant’s motion for summary judgment in a property damage negligence action. Defendant moved under rule 113 of the Rules of Civil Practice for summary judgment on the pleadings, bill of *695particulars and an examination before trial taken April 20, 1959. Plaintiff’s complaint al...
Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered March 1, 2006 in a personal injury action. The order, inter alia, granted the motion of defendant John Mitrano for summary judgment dismissing the complaint and cross claim against him. It is hereby ordered that said appeal insofar as...
This is an appeal from an order to show cause issued by the Supreme Court pursuant to section 106 of the General Corporation Law. The petitioner is the owner of 50% of the stock of Clemente Bros., Inc., and initiated this proceeding seeking to bring about the dissolution of the corporation under article 9 of the Genera...
Appeal from a decision and award of the Workmen’s Compensation Board. Decedent was employed as a painter. In the course of employment he fell. He was found unconscious. Benzine had spilled, apparently when he fell. His clothes were saturated with this chemical and his body was wet and burned by it. Extensive areas of b...
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered November 23, 2005. The order, insofar as appealed from, denied plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1) and granted those parts of defendants’ cross motions for summary judgment dis...
Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board making a schedule award posthumously to the widow for a 10% loss of the right hand. The deceased employee was operating a grading machine on November 23, 1955 when he caught his right thumb in the steering wheel bending the thumb...
Appeal from an order of the Court of Claims. Claimant alleges that on July 29, 1956 she was injured while roller skating in a State park. A claim was not filed within 90 days of accrual of the action (Court of Claims Act, § 10, subd. 3), and a motion for permission for late filing within the permissive authorization of...
*1195Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Harold L. Galloway, J.], entered April 11, 2006) to review and enforce an order of petitioner. The order found after a hearing that ...
Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board for disability and death benefits, predicated upon a finding that decedent’s work as a garage employee aggravated his pre-existing rheumatic heart disease, causing his death. Appellants contest the finding of a...
Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered July 27, 2005. The judgment convicted defendant, after a nonjury trial, of burglary in the second degree, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree and possession of bur...
Appeal by defendant from a judgment of the Supreme Court in favor of the plaintiff, after a trial before the court without a jury. The effect of the judgment is to require the defendant to defend the plaintiff in certain actions brought against him arising from automobile collisions and to require the defendant to pay ...
Appeal from an order of the County Court of Sullivan County denying appellant’s application for a writ of error coram nobis. The basis of appellant’s application is that he was not represented by the attorney he had retained, one Carl Goldstein, at the time of his arraignment on the charge of first degree murder. The m...
Appeal from an order of the Supreme Court, Orleans County (James E Punch, A.J.), entered May 24, 2006. The order denied that part of defendants’ motion to dismiss the amended complaint for failure to state a cause of action and denied without prejudice that part of defendants’ motion to dismiss the constructive fraud a...
Appeal from an order of the Supreme *703Court, Albany County granting respondent’s motion for summary judgment and denying appellants’ cross motion for summary judgment and from the judgment entered thereon. The respondent instituted this action under article 15 of the Real Property Law to compel the determination of c...
Claimant Bernadine E. Mace was a tenant in a housing project maintained by the State of New York, and on January 7, 1950 fell in front of the premises she occupied. She testified that when starting to cross the street in front of her apartment she stepped in a hole and fell. The Court of Claims has found that the hole ...
The employer and carrier appeal from an award of death benefits. Appellants contend that the decedent was not an employee within the meaning of the Workmen’s Compensation Law. The facts concerning the accident and death are without dispute. Decedent was the president: of a membership corporation organized for and opera...
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered April 20, 2006 in a legal malpractice action. The order denied defendants’ motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified ...
Appeal from an order of the Supreme Court, Rensselaer County, determining the priorities to surplus money resulting from the sale of property in a mortgage foreclosure. On September 30, 1954 a workmen’s compensation award was made against the mortgagor as an uninsured employer but judgment was not entered thereon until...
Motion by claimant to correct the decision of the court of August 2, 1960 (11 A D 2d 303) relating to the consequential damage to 20.537 acres of land denied. The opinion correctly reflected the view of the court that the consequential damage to the parcels of land not taken is $81,782. The percentage formula applied t...
Appeal by relator from an *707order of the Washington County Court, which dismissed a writ of habeas corpus. Relator was convicted of grand larceny in the second degree on April 25, 1956 and sentenced to Elmira Reformatory for an indefinite term of five years maximum. He was released on parole on December 18, 1957. On ...
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered September 7, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the cross motion of respondent Buffalo Fiscal Stability Authority seeking dismissal of the petition. It is hereby ordered that t...
Appeal from a decision of the board which established an accident on September 29, 1954 and found a permanent disability. The same employer is involved but different carriers for the different accidents. Claimant, 66 years old, worked as a dishwasher for the employer for approximately 10 years. He suffered a back injur...
Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 3, 2003. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree, assault in the second degree and grand larceny in the third degree. It is hereby ordered that the judgment so appealed from be and...
Appeal from so much of an order of the Supreme Court, Special Term, Albany County, as granted defendant’s motion to examine plaintiff administratrix before trial as to the assets of the estate and required her to produce all records and papers concerning the administration of the estate and the assets thereof. The comp...
This is an appeal from an order of Special Term, Albany County, which denied a motion to drop Clemen E. Brown as a party; denied motions for a change of venue and designated a Referee to hear and determine the whole issue, except accounting. The motions arose out of proceedings brought by petitioners John D. Young and ...
Appellants contest the finding of the board that the employer did not have knowledge of any permanent disability within the meaning of subdivision 8 of section 15 of the Workmen’s Compensation Law. Claimant worked for the employer herein for a number of years and on various occasions was absent from work because of a b...
Appeal from an order and judgment (one paper) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered February 16, 2006 in a proceeding pursuant to Mental Hygiene Law article 81. The order and judgment denied the petition. It is hereby ordered that the order and judgment so appealed from be and the same h...
Appeal from a judgment of the Court of Claims dismissing the claim for wrongful death. The claimant’s deceased husband was admitted to the Rockland State Hospital in 1953 and his condition was diagnosed as dementia praecox, paranoid type. Routine physical examinations were performed upon him including blood and urine e...
Appeal from an order of the Supreme Court, Erie County *1206(Christopher J. Burns, J.), entered January 30, 2006. The order granted plaintiffs application for an increase in the amount of child support. It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vac...
Appeal by the Special Fund for Reopened Cases under section 25-a from a decision and award of the Workmen’s Compensation Board. Appellant has limited this appeal, taken upon an abbreviated record, “ to the issue of whether or not the claimant’s refusal to undergo surgery for his right hernia is unreasonable”, and we co...
*1208Appeals from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered April 14, 2006. The order, insofar as appealed from, granted plaintiffs’ motion for partial summary judgment on liability under Labor Law § 240 (1) and denied defendants’ cross motions for summary judgment dismissing the com...
Appeal from death benefit award in a heart injury case. The decedent, 51 years of age, worked for the employer as a window washer and when the weather was inclement worked in the storeroom of the hotel doing a wide assortment of jobs. He had a pre-existing cardiac condition. On February 27, 1958 he was working in the s...
Appeal from an order of the Supreme Court, Monroe County (William E Polito, J.), entered November 18, 2005 in a personal injury action. The order, among other things, denied plaintiffs motion to set aside the jury verdict. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirm...
Proceeding under article 78 of the Civil Practice Act to review a determination of the State Tax Commission which affirmed assessments of unincorporated business taxes against petitioners under article 16-A of the Tax Law. The determination covers two periods, one from June 1, 1951 to August 31, 1951, and the other for...
Appeal from an order of a Special Term, Supreme Court, Sullivan County. Appellant husband has been directed by the court at Special Term to pay $35 a week temporary alimony for the support of his wife and a young infant child; and $359 counsel fees in this separation action. Although he complains of the order for $359 ...