Judgment against nominees upheld 
By Denise M. Champagne
POSTED: October 25, 2011
Tags: Appellate Division, delegates, Fifth Judicial District, Independence Party, judgment, judicial conventoin, Supreme Court, Third Department
It is likely there will be no Independence Party candidates for supreme court in the Fifth Judicial District. The Appellate Division, Third Department, has ruled that the party’s Sept. 25 judicial convention lacked an adequate number of delegates. By law, supreme court justice candidates …
Decision clarifies dissolution of civil unions
By Denise M. Champagne
POSTED: July 22, 2011
Tags: Appellate Division, civil unions, dissolution, non-residents, Third Department
Same-sex couples whose out-of-state, legally recognized relationships failed may formally dissolve them in New York courts. While New York has recognized civil unions from other states, it hasn’t been clear whether those relationships could be dissolved in New York or if couples would have to return to the jurisdiction …
Legal Malpractice: Sevey v. Friedlander
By Daily Record Staff
POSTED: April 19, 2011
Tags: Appellate Division, Divorce Settlement, legal malpractice, Third Department, Unfavorable Terms
Appellate Division, Third Department
Legal Malpractice
Divorce Settlement —Unfavorable Terms
Sevey v. Friedlander
509959
Appealed from Supreme Court, Tompkins County
Background: In 2002, the plaintiff retained the defendant Betty D. Friedlander of the defendant Friedlander and Friedlander PC to represent him in his divorce action. Prior to trial, the divorcing parties negotiated a settlement. A stipulation was placed on the record [...]
Unemployment Insurance: Matter of Heller v. Paragon Motors of Woodside Inc.
By Daily Record Staff
POSTED: April 18, 2011
Tags: Appellate Division, Reduction in Commission Rate, Third Department, unemployment insurance, Voluntary Quit
Appellate Division, Third Department
Unemployment Insurance
Voluntary Quit — Reduction in Commission Rate
Matter of Heller v. Paragon Motors of Woodside Inc.
510031
Appealed from the Unemployment Insurance Appeal Board
Background: The claimant, a finance manager for an automobile dealership, worked for the employer from February to November 2008, at which time he resigned because his commission rate was reduced from [...]
Professional Misconduct: Matter of Terrell
By Daily Record Staff
POSTED: April 18, 2011
Tags: Appellate Division, censure, Professional Misconduct, Third Department, Traffic Convictions
Appellate Division, Third Department
Professional Misconduct
Censure — Traffic Convictions
Matter of Terrell
D-14-11
Background: The respondent attorney was admitted to practice by this court in 1982 and he was previously admitted in New Jersey in 1967, where he maintains an office for the practice of law. In 2010, the New Jersey Supreme Court publicly admonished respondent for criminal conduct [...]
Child Support: Matter of Wilson v. LaMountain
By Daily Record Staff
POSTED: April 18, 2011
Tags: Ability to Work, Appellate Division, child support, Third Department
Appellate Division, Third Department
Child Support
Ability to Work — Social Security Disability as Evidence
Matter of Wilson v. LaMountain
509689
Appealed from Family Court, Franklin County
Background: The parties are the parents of two children, one born in 1990 and the other in 1995. In June 2005, family court registered a child support order issued by a court in Nevada, [...]
Divorce: Mann v. Mann
By Daily Record Staff
POSTED: April 18, 2011
Tags: Appellate Division, Custody — Parental Move to Different School District, divorce, Third Department
Appellate Division, Third Department
Divorce
Custody — Parental Move to Different School District
Mann v. Mann
509485
Appealed from Supreme Court, Warren County
Background: The parties are the divorced parents of two children. Pursuant to their 2007 separation agreement, which was incorporated but not merged into the 2008 judgment of divorce, they had joint legal custody; the defendant had physical custody [...]
Workers’ Compensation: Matter of Sillitti v. Liberty Travel Inc.
By Daily Record Staff
POSTED: April 8, 2011
Tags: Appellate Division, COPD, mold, Third Department, Workers’ Compensation
Appellate Division, Third Department
Workers’ Compensation
Mold — COPD
Matter of Sillitti v. Liberty Travel Inc.
510109
Appealed from the Workers’ Compensation Board
Background: In 2005, while working for Liberty Travel Inc., the claimant was diagnosed as having chronic obstructive pulmonary disease. In 2006, the claimant was transferred to Liberty’s office in the hamlet of Sayville, Suffolk County.
After one week of [...]
Real Property: Tverskoy v. Ramaswami
By Daily Record Staff
POSTED: April 8, 2011
Tags: Appellate Division, Damage to Trees and Crops, real property, stipulations, Third Department
Appellate Division, Third Department
Real Property
Damage to Trees and Crops — Stipulations
Tverskoy v. Ramaswami
510963
Appealed from Supreme Court, Ulster County
Background: The plaintiffs commenced this action in 2005, alleging that the defendants Ravi Ramaswami, Marie De La Parte and Saugerties Medical Realty LLC unlawfully removed trees from and caused damage to the plaintiffs’ property in the Town of [...]
Trespass: Barrett v. Watkins
By Daily Record Staff
POSTED: April 1, 2011
Tags: Appellate Division, Confinement of Trespassers, Third Department, Trespass, Unlawful Imprisonment
Appellate Division, Third Department
Trespass
Confinement of Trespassers — Unlawful Imprisonment
Barrett v. Watkins
511021
Appealed from Supreme Court, Sullivan County
Background: On April 25, 2005, plaintiffs drove to a remote, wooded public recreation area located at the southeast side of the Toronto Reservoir in Sullivan County. When they attempted to leave, they discovered that the access road was blocked by [...]
Unemployment Insurance: Ingrao-Woods v. Commissioner of Labor
By Daily Record Staff
POSTED: March 25, 2011
Tags: Appellate Division, Disqualification Where No Profit is Seen, Independent Business, Third Department, unemployment insurance
Appellate Division, Third Department
Unemployment Insurance
Independent Business — Disqualification Where No Profit is Seen
Ingrao-Woods v. Commissioner of Labor
510411
Appealed from the Unemployment Insurance Appeal Board
Background: In August 2007, claimant started an online business providing bereavement support products over the Internet. She made an initial investment of $25,000, $16,000 of which was used to purchase the main product, [...]
Breach of Contract: Richmor Aviation Inc. v. Sportsflight Air Inc.
By Daily Record Staff
POSTED: March 21, 2011
Tags: Appellate Division, breach of contract, Modification of Trial Court’s Finding on Facts, Third Department
Appellate Division, Third Department
Breach of Contract
Modification of Trial Court’s Finding on Facts
Richmor Aviation Inc. v. Sportsflight Air Inc.
509735
Appealed from Supreme Court, Columbia County
Background: In June 2002, the defendant entered into a contract with the plaintiff pursuant to which the plaintiff would provide exclusive use of a single Gulfstream IV aircraft to the U.S. government in [...]
