Civil Service: Matter of Melber v. New York State Education Department 

By Daily Record Staff
POSTED: March 8, 2010
Tags: Appellate Division, civil service, Third Department

Appellate Division, Third Department
Civil Service
Resignation Requirements
Matter of Melber v. New York State Education Department
507795
Article 78 Proceeding; Supreme Court, Albany County
Background: The review is of a determination of the respondent Department of Education, which denied petitioner Joseph Melber’s request to withdraw his resignation from his former position. Melber was employed by the respondent. On Oct. 31, [...]

Self-Incrimination: People v. Texidor 

By Daily Record Staff
POSTED: March 8, 2010
Tags: Appellate Division, self-incrimination, Third Department

Appellate Division, Third Department
Self-Incrimination
Post-Arrest Child Protective Services Interview
People v. Texidor
101810
Appealed from County Court, Clinton County
Background: The appeal is from a judgment upon a verdict convicting the defendant of the crimes of sexual abuse in the first degree, sexual abuse in the second degree, endangering the welfare of a child, aggravated sexual abuse in the second [...]

Burglary: People v. Vasquez 

By Daily Record Staff
POSTED: March 5, 2010
Tags: Appellate Division, burglary, Third Department

Appellate Division, Third Department
Burglary
Sufficiency of the Evidence
People v. Vasquez
100853
Appealed from County Court, Broome County
Background: The defendant appeals from a judgment of conviction for burglary following a non-jury trial. The county court found the defendant guilty of burglary in the second degree and sentenced him as a persistent violent felony offender to a prison term of [...]

Municipal Liability: Ferguson v. Sheahan 

By Daily Record Staff
POSTED: March 5, 2010
Tags: Appellate Division, Third Department

Appellate Division, Third Department
Municipal Liability
Roadways
Ferguson v. Sheahan
506658
Appealed from Supreme Court, Tompkins County
Background: The consolidated personal injury actions arise out of an August 2003 automobile accident that occurred along Sand Bank Road in Ithaca. Defendant Michael P. Sheahan II and his four passengers were traveling northbound, apparently driving within the legal speed limit at about 25 [...]

Attorney Discipline: Matter of Patrick E. Barber 

By Daily Record Staff
POSTED: March 4, 2010
Tags: Appellate Division, attorney discipline, Third Department

Appellate Division, Third Department
Attorney Discipline
Matter of Patrick E. Barber
D-10-10
Background: The respondent was admitted to practice by this court in 1983 and maintained an office for the practice of law in Fort Edward. In 2010, the respondent was suspended upon a finding that he was guilty of professional misconduct immediately threatening the public’s interest. That finding [...]

Divorce: Montero v. McFarland 

By Daily Record Staff
POSTED: March 4, 2010
Tags: Appellate Division, Third Department

Appellate Division, Third Department
Divorce
Separate Property-Disability Pension
Montero v. McFarland
507783
Appealed from Supreme Court, Schoharie County
Background: The appeal is from an order that granted the defendant’s motion for summary judgment dismissing the complaint. In 1998, the parties entered into a stipulation that was incorporated into, but did not merge with, their judgment of divorce. The stipulation provided that [...]

Foreclosures: St. Denis v. Blakesley 

By Daily Record Staff
POSTED: February 11, 2010
Tags: Appellate Division, property transfer, Third Department

Appellate Division, Third Department
Foreclosures
Payment of Taxes — Deficiency
St. Denis v. Blakesley
507207
Appealed from Supreme Court, Clinton County
Background: In 2003, the plaintiff sold property in the Town of Plattsburgh, Clinton County, to defendant Cole D. Blakesley, over which Blakesley executed a mortgage in favor of the plaintiff. Blakesley subsequently conveyed the property to defendant Arthur Blakesley, who [...]

Negligence: Hofmann v. Coxsackie-Athens Central School District 

By Daily Record Staff
POSTED: February 9, 2010

Appellate Division, Third Department
Negligence

Schools
Hofmann v. Coxsackie-Athens Central School District
507964
Appealed from Supreme Court, Greene County
Background: The plaintiff’s 13-year-old daughter was attending defendant Coxsackie-Athens Central School District’s middle school when she was bumped and punched by two other students while in a hallway waiting to attend class. Later that same day, she was confronted again by the [...]

Sentencing: People v. Ray 

By Daily Record Staff
POSTED: February 5, 2010
Tags: Appellate Division, Third Department

Appellate Division, Third Department
Sentencing

Consecutive Sentences — Same Offense
People v. Ray
101889
102625
Appealed from County Court, Albany County
Background: The defendant appeals from a judgment convicting him upon his plea of guilt of the crime of second-degree attempted criminal possession of a forged instrument, and also from an order that denied the defendant’s motion pursuant to CPL 440.20 to [...]