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 [...]
SEQRA: Matter of Shop-Rite Supermarkets Inc. v. Planning Board of Town of Wawarsing
By Daily Record Staff
POSTED: March 14, 2011
Tags: Appellate Division, Planning Board Duties, SEQRA, Third Department
Appellate Division, Third Department SEQRA Planning Board Duties Matter of Shop-Rite Supermarkets Inc. v. Planning Board of Town of Wawarsing 2011 N.Y. Slip Op. 01764 Article 78 Proceeding; Supreme Court, Ulster County Background: This decision concerns appeals from order that dismissed petitioners’ applications, in two combined proceedings pursuant to CPLR article 78 and actions for [...]
Criminal Knowledge: People v. St. Andrews
By Daily Record Staff
POSTED: March 11, 2011
Tags: Appellate Division, Criminal Knowledge, Third Department, Weight of the Evidence
Appellate Division, Third Department Criminal Knowledge Weight of the Evidence People v. St. Andrews 102543 Appealed from County Court, Washington County Background: Accused of allowing several underage drinking parties to occur on his premises or in his presence, the defendant was charged with unlawful dealing with a child in the first degree, six counts of [...]
Unemployment: Matter of Buyukcekmece v. Abigail Kirsch At Tappan
By Daily Record Staff
POSTED: March 11, 2011
Tags: Appellate Division, Misconduct Caused by Medical Condition, Third Department, Unemployment
Appellate Division, Third Department Unemployment Misconduct Caused by Medical Condition Matter of Buyukcekmece v. Abigail Kirsch At Tappan 510424 Unemployment Insurance Appeal Board Background: The unemployment insurance claimant worked as a server for a catering company for about a year and a half. He was discharged from his position after he was continually late for [...]
Emotional Distress: Doin v. Dame
By Daily Record Staff
POSTED: March 10, 2011
Tags: Appellate Division, Emotional Distress, Private Nuisance, Property Rights, Third Department
Appellate Division, Third Department Emotional Distress Private Nuisance — Property Rights Doin v. Dame 510560 Appealed from Supreme Court, Clinton County Background: The parties to this appeal were parties to a prior appeal before our court involving a series of contentious disputes regarding a development along the shore of Lake Champlain in the Town of [...]
Divorce: Rossignol v. Rossignol
By Daily Record Staff
POSTED: March 9, 2011
Tags: Appellate Division, Court’s Jurisdiction Over Other Matters, divorce, equitable distribution, Third Department
Appellate Division, Third Department Divorce Equitable Distribution — Court’s Jurisdiction Over Other Matters Rossignol v. Rossignol 510485 Appealed from Supreme Court, Saratoga County Background: After 24 years of marriage, defendant Dolores M. Rossignol commenced an action for divorce against the plaintiff. For purposes of equitable distribution, their major asset is an LLC, which was formed [...]
Workers’ Compensation: Matter of Quagliata v. Starbucks Coffee
By Daily Record Staff
POSTED: March 9, 2011
Tags: Appellate Division, filing, Pretrial Conference Statements, Third Department, Workers’ Compensation
Appellate Division, Third Department Workers’ Compensation Pretrial Conference Statements — Filing Matter of Quagliata v. Starbucks Coffee 510178 Appealed from the Workers’ Compensation Board Background: This appeal is from decisions which ruled that the workers’ compensation claimant, a Starbucks manager, sustained a compensable injury and awarded workers’ compensation benefits. The claimant applied for workers’ compensation [...]
Environmental Law: Matter of Veltri v. New York State Office of State Comptroller
By Daily Record Staff
POSTED: March 2, 2011
Tags: Appellate Division, Discharges, Environmental Law, Strict Liability, Third Department, Underground Tanks
Appellate Division, Third Department Environmental Law Strict Liability — Discharges — Underground Tanks Matter of Veltri v. New York State Office of State Comptroller 2011 N.Y. Slip Op. 00761 Article 78 Proceeding; Supreme Court, Albany County Background: A landowner brought an article 78 proceeding, seeking to annul a determination of the New York State Environmental [...]
Unemployment Benefits: Matter of Sealey v. Commissioner of Labor
By Daily Record Staff
POSTED: February 24, 2011
Tags: Appellate Division, Third Department, unemployment benefits, Violations of Company Policy
Appellate Division, Third Department Unemployment Benefits Violations of Company Policy Matter of Sealey v. Commissioner of Labor 510148 Appealed from the Unemployment Insurance Appeal Board Background: The claimant was employed as a customer service agent for a commercial airline company for three years when she was discharged for assisting a coworker with the sale of [...]
Guilty Pleas: People v. Cianfarani
By Daily Record Staff
POSTED: February 18, 2011
Tags: Appellate Division, Guilty Pleas, sentence, Third Department, waiver
Appellate Division, Third Department Guilty Pleas Waiver — Sentence People v. Cianfarani 103640 Appealed from County Court, Schenectady County Background: The defendant entered a convenience store and displayed an imitation weapon to a store clerk in order to forcibly obtain money to fuel his drug addiction. After leaving the store with cash, the defendant led [...]
Attorney Misconduct: Matter of Matthew Swedick
By Daily Record Staff
POSTED: February 18, 2011
Tags: Appellate Division, Attorney Misconduct, Misdemeanor Conviction, Sexual Relations with Client, Third Department
Appellate Division, Third Department Attorney Misconduct Misdemeanor Conviction — Sexual Relations with Client Matter of Matthew Swedick D-02-11 Background: The respondent attorney was admitted to practice by this court in 1998. He maintains an office for the practice of law in Albany County. On Sept. 23, 2009, following a jury trial in Albany City Court, [...]
Real Property: Hemmings Gapihan v. Hemmings
By Daily Record Staff
POSTED: February 18, 2011
Tags: Actions for Partition, Appellate Division, real property, Third Department
Appellate Division, Third Department Real Property Actions for Partition Hemmings Gapihan v. Hemmings 510421 Appealed from Supreme Court, Kings County Background: This appeal is from an order that partially granted the referee’s motion for leave to alter the method of conducting the sale of certain real property at issue. The plaintiff and defendant Thomas H. [...]
