Appellate Division, Third Department   Workers’ Compensation Future Wage Expectancy Matter of Maw v. Wal-Mart 508962 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision which established claimant’s wage expectancy adjustment at $450 per week. In ...

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Appellate Division, Third Department   Divorce Distribution — Marital Proceeds Coloney v. Coloney 509637 Appealed from Supreme Court, Fulton County Background: The plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement ...

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Appellate Division, Third Department Civil Service Disability Retirement Benefits Matter of Hofmann v. New York State Comptroller 510283 Article 78 Proceeding; Supreme Court, Albany County Background: The petitioner, a correction officer, was injured while attempting to break up a fight ...

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Appellate Division, Third Department Negligence Domestic Animals — Propensity for Dangerous Behavior Vichot v. Day 509920 Appealed from Supreme Court, Clinton County Background: The plaintiff was driving on a public highway when her vehicle collided with a horse owned by ...

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Appellate Division, Third Department Family Law Termination of Parental Rights — Necessity of Dispositional Hearing Matter of Kailynn WW. 509500 Appealed from Family Court, Chemung County Background: The respondent, the father of Kailynn WW., was sentenced to two years in ...

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Appellate Division, Third Department Venue Judicial Dissolutions — Corporations Matter of Supplier Distribution Concepts Inc. and MDR Custom Components LLC 510281 Appealed from Supreme Court, Broome County Background: The petitioner commenced this proceeding in supreme court in Broome County seeking ...

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Appellate Division, Third Department Mechanic’s Lien Necessary Evidence for Lien Matter of Toyota Motor Credit Corporation v. Impressive Auto Center Inc. 510181 Lien Law §201-a Proceeding; Supreme Court, Albany County Background: In November 2008, respondent Impressive Auto Center Inc., a ...

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Appellate Division, Third Department Wills Undue Influence — Improper Execution Matter of Walker 510185 Appealed from Surrogate’s Court, Delaware County Background: The decedent died in June 2009 survived by her son, respondent and her great-grandson, Anthony D. Walker. In an ...

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Appellate Division, Third Department Workers’ Compensation Course of Employment — Fixed Work Sites Cardone v. Interstate Drywall 507250 Appealed from the Workers’ Compensation Board Background: The claimant, a carpenter, sought workers’ compensation benefits for injuries he sustained in a motor ...

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Appellate Division, Third Department Assault Serious Injury Requirement — Second Degree Assault People v. Felipe 102759 Appealed from County Court, Saratoga County Background: After meeting at a bar, the defendant brought the victim to what she thought was his residence ...

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Appellate Division, Third Department Unemployment Benefits Dissatisfaction with Employer Procedures Matter of French v. Town of Lyndon 509932 Appealed from the Unemployment Insurance Appeal Board Background: The claimant was employed as a driver/operator for the employer for approximately five years ...

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Appellate Division, Third Department Unemployment Benefits Disqualification — Misconduct Matter of Lumbrazo v. Environmental Remediation Services Inc. 509701 Appealed from the Unemployment Insurance Appeal Board Background: The claimant worked as a job site supervisor for a demolition and remediation contractor.  ...

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