In Matter of County of Nassau v. State, New York State Board of Elections (N.Y. App. Div., 3d Dep’t)
County election commissioner lacked capacity to maintain appeal on behalf of county board of elections from order dismissing board's petition challenging constitutionality of ERMA. Peters, J.
In Matter of Charles Fish v. Shelby S. Fish (N.Y. App. Div., 3d Dep’t)
Family Law-Child Custody
Sound and substantial basis in the record supported determination that mother's circumstances had changed enough to warrant revisiting custody arrangement. Spain, J.
In Matter of Foreclosure of Tax Liens by Proceeding In Rem Pursuant to Article Eleven of Real Property Tax Law by Clinton County (Clinton County Ct.)
County satisfied the due process requirements for providing notice of foreclosure action for non-payment of taxes. Timothy J. Lawliss, J.
In re Raymond Locascio (Bankr. S.D.N.Y.)
Undistributed plan payments had to be returned to debtor once Chapter 13 case was dismissed preconfirmation. Cecelia G. Morris, Chief Judge
U.S. v. Aafia Siddiqui (2d Cir.)
Certification regarding attempted murder of U.S. nationals did not have to be issued each time statute could be applied. Wesley, Circuit Judge
Felix NDUKWE, Plaintiff, v. Benedicia EBBA, Defendant. (Sup. Ct., Queens County)
Plaintiff raised triable issue of fact as to whether he sustained a serious injury. Robert J. McDonald, J.
U.S. BANK NATIONAL ASSOCIATION, as Trustee of the Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, 2007-1, Plaintiff, v. Manuel ZEVALLOS, et al., Defendants. (Sup. Ct., Queens County)
Defendant was properly served by “nail and mail” service. Howard G. Lane, J.
In the Matter of the Application of Maxine SALZ, Petitioner, v. CITY OF NEW YORK; New York City Department of Education; Dennis Walcott, Chancellor of Decision New York City Department of Education, Respondents. (Sup. Ct., New York County)
Education-Standards and Competency.
Hearing officer’s decision to terminate teacher was not arbitrary and capricious. Geoffrey D. Wrigh, J.
Kevin Ward v. Murariu Bros., Inc. (N.Y. App. Div., 3d Dep’t)
Plaintiff failed to establish that his use of adjacent owner's driveway to access his property was hostile. Mercure, J.
Jack Hall Plumbing & Heating, Inc. v. Monica A. Duffy d/b/a Judge & Duffy (N.Y. App. Div., 3d Dep’t)
Attorney's explanation of urgency of business factors that he considered in formulating advice failed to establish that his legal advice was within standard of care. ROSE, J.P.