The Appellate Division of state Supreme Court, Third Department, has sent a case involving a paternity question back to Schenectady County Family Court due to ineffective assistance of counsel by the attorney representing the child. In August 2016, the Schenectady ...

Tagged with: equitable estoppel Family Court Third Department

The New York State Court of Appeals has decided that a policy that prohibits double dipping by state Supreme Court justices is legal and constitutional. Three state Supreme Court justices challenged the policy that wouldn’t let them stay on the ...

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ALBANY — The Appellate Division, Third Department has rejected claims that New York’s new gun law violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia. The decision Wednesday upheld a judge’s ...

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ALBANY — Backers of natural gas drilling and environmental advocates wrangled Thursday over whether New York’s towns have the legal right to ban oil and gas development in a fight that could ultimately be decided by the state’s highest court. ...

Tagged with: Appellate Division arguments natural gas drilling Third Department

The way the state Tax Appeals Tribunal has been interpreting provisions of state tax laws on industrial development erodes its goal of fostering economic development, according to two recent decisions by the Appellate Division, Third Department. Two area companies, represented ...

Tagged with: Appellate Division Department of Taxation and Finance Third Department

An attorney who viewed, handled and photographed a document on the opposing counsel’s table in his absence should be publicly censured, the Appellate Division, Third Department has ruled, In the Matter of Kindlon, No. D-43-12. Sept. 27. The attorney represented ...

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Justice Karen K. Peters was appointed to serve as the presiding justice of the Appellate Division of the Supreme Court for the Third Judicial Department by Gov. Andrew M. Cuomo on Thursday. Justice Peters is the first woman elected a ...

Tagged with: Appellate Division Gov. Andrew Cuomo 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 ...

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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 ...

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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 ...

Tagged with: Appellate Division legal malpractice Third Department

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, ...

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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 ...

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