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, ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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Appellate Division, Third Department Banking Fiduciary Duty — Subrogation Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A. 510339 Appealed from Supreme Court, Albany County Background: The plaintiff has the statutory purpose ...

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Appellate Division, Third Department Easements Burgher v. AF III Properties LLC 510153 Appealed from Supreme Court, Otsego County Background: The plaintiffs operate an automotive repair shop that is located on property immediately adjacent to a shopping center owned by the ...

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Appellate Division, Third Department Mortgages Priority — Foreclosure Sale Wells Fargo Bank v. Garrasi 510244 Appealed from Supreme Court, Albany County Background: In April 1999, a husband and wife executed two mortgage notes, one in the amount of $51,750 and ...

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Appellate Division, Third Department Breach of Contract Continuing Employment — Employment Benefits Keehle v. Diocese of Syracuse 510080 Appealed from Supreme Court, Broome County Background: The plaintiff began her employment as a teacher for defendant Diocese of Syracuse in 2004 ...

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Appellate Division, Third Department Double Jeopardy Prosecutorial Withdrawal of Accepted Plea Offer People v. Wystozaly 103096 Appealed from Supreme Court, Otsego County Background: Following his April 2008 arrest, the defendant was charged by felony complaint with driving while intoxicated. When ...

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Appellate Division, Third Department Premises Liability Department Stores — Customer-Misplaced Items Black v. Kohl’s Department Stores Inc. 509775 Appealed from Supreme Court, Albany County Background: The plaintiff commenced this personal injury action after tripping and falling in the defendant’s store. ...

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