Neglect: Matter of Arlene Y. v. Warren County Department of Social Services 

By Daily Record Staff
POSTED: August 30, 2010
Tags: Appellate Division, neglect, petition for custody, Third Department

Appellate Division, Third Department
Neglect
Petition for Custody
Matter of Arlene Y. v. Warren County Department of Social Services
507370
Appealed from Family Court, Warren County
Background: The appeal is from a family court order entered March 13, 2009, which dismissed the petitioner’s application, in a proceeding pursuant to Family Court Act Article 6, to modify a prior order of visitation. [...]

Attorney Discipline: Matter of Edward F. Breen 

By Daily Record Staff
POSTED: August 27, 2010
Tags: Appellate Division, attorney discipline, Third Department

Appellate Division, Third Department
Attorney Discipline
Matter of Edward F. Breen
D-40-10
Background: The respondent was admitted to practice by this court in 2004. He practices law in Warren County. On April 19, 2010, the respondent was sentenced in Queensbury Town Court to 200 hours of community service and three years of probation, upon his plea of guilty of [...]

False Arrest: Guntlow v. Barbera 

By Daily Record Staff
POSTED: August 25, 2010
Tags: Appellate Division, false arrest, Third Department

Appellate Division, Third Department
False Arrest
Guntlow v. Barbera
508657
Appealed from Supreme Court, Albany County
Background: The appeal is from a trial court order that granted motions by the defendants — Marc Barbera, the City of Albany, Albany Police Department, Anthony Ryan and Anthony Battuello — for summary judgment dismissing the complaint against them. In July 2006, the plaintiff, [...]

Real Property: Matter of Eternal Flame of Hope Ministries, Inc. v. King 

By Daily Record Staff
POSTED: August 24, 2010
Tags: Appellate Division, real property, tax exemptions, Third Department

Appellate Division, Third Department
Real Property
Tax Exemptions
Matter of Eternal Flame of Hope Ministries, Inc. v. King
508480
Appealed from Supreme Court, Sullivan County
Background: The petitioner is a not-for-profit corporation organized in 2001 for the purpose of offering “spiritual renewal in accordance with the [principles] of the Catholic Church,” and encouraging artists seeking inspiration and instruction in the Catholic [...]

Election Law: Odett v. Walsh 

By Daily Record Staff
POSTED: August 23, 2010
Tags: Appellate Division, description of office sought, designating petitions, election law, Third Department

Appellate Division, Third Department
Election Law
Description of Office Sought — Designating Petitions
Odett v. Walsh
510204
Appealed from Supreme Court, Albany County
Background: Respondent Brian S. McGrath seeks to be named the Democratic Party candidate for the 122nd state Assembly District in the Sept. 14 election. He circulated a designating petition to that effect in July, describing the office as [...]

Attorney Discipline: Matter of Friedman 

By Daily Record Staff
POSTED: August 19, 2010
Tags: Appellate Division, attorney discipline, Third Department

Appellate Division, Third Department
Attorney Discipline
Matter of Friedman
D-39-10
Background: The respondent was admitted to practice by this court in 2006 and, that same year, also was admitted to the Illinois bar. By order entered May 18, the Supreme Court of Illinois suspended the respondent from the practice of law for three years and until further order. In [...]

Premises Liability: McGrath v. Shenendehowa Central School District 

By Daily Record Staff
POSTED: August 19, 2010
Tags: Appellate Division, premises liability, Third Department

Appellate Division, Third Department
Premises Liability
Schools — Sports Activities
McGrath v. Shenendehowa Central School District
508100
Appealed from Supreme Court, Saratoga County
Background: The plaintiff, a high school senior in 2005 and member of the Bethlehem High School girls varsity lacrosse team, suffered injuries during a regulation game held against defendant’s high school in Clifton Park. According to the plaintiff, [...]

Freedom of Information: Matter of Town of Waterford v. New York State Department of Environmental Conservation 

By Daily Record Staff
POSTED: August 16, 2010
Tags: Appellate Division, Case Digests, Freedom of Information, Third Department

Appellate Division, Third Department

Freedom of Information
Inter-Agency Communications
Matter of Town of Waterford v. New York State Department of Environmental Conservation
506811
Article 78 Proceeding; Supreme Court, Albany County
Background: The parties appeal from a judgment of the supreme court, which partially granted the petitioner’s application to annul a determination of the respondent partially denying petitioner’s Freedom of Information Law [...]

Unemployment: Matter of Messado v. Commissioner of Labor 

By Daily Record Staff
POSTED: August 12, 2010
Tags: Appellate Division, Third Department, threatening co-workers, Unemployment

Appellate Division, Third Department
Unemployment
Threatening Co-workers
Matter of Messado v. Commissioner of Labor
508804
Appealed from the Unemployment Insurance Appeal Board
Background: The claimant appeals from a decision the held the claimant disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. The claimant was employed as a clerical worker by a city agency. He was [...]