In Matter of Application of Greater Huntington Civic Group, Inc., Nancy Graffeo, For a Judgment Pursuant to Article 78 of Civil Practice Law & Rules v. Town of Huntington, Frank Petrone, Mark Cuthbertson, Susan A. Berland, Glenda Jackson, Mark Mayoka in their official capacities as members of Huntington Town Board, Huntington Town Planning Board, Avalon Bay Communities Inc., Evergreen Homes Construction Corp. (Sup. Ct., Suffolk County)
Real Property-Zoning and Planning
Not for profit corporation lacked standing to challenge Town Board’s approval of change in zone to allow for construction of 379-unit residential development. Joseph C. Pastoressa, J.
U.S. v. Norby Marin Moreno (2d Cir.)
Criminal Justice-Searches and Seizures
District court's determination that exigent circumstances justified agents' entry into defendant's motel room was not clearly erroneous. Livingston, Circuit Judge
Sophia H. Kang v. Edward C. Kim (N.Y. App. Div., 1st Dep’t)
Provision of property settlement and support agreement permitting wife to purchase husband's share of cooperative apartment was ambiguous. Friedman, J.P.
East Midtown Plaza Housing Company, Inc. v. Andrew M. Cuomo, New York City Department of Housing Preservation and Development, East Midtown Plaza Tenant-Cooperator Association, East Midtown Plaza Mitchell-Lama Organization (N.Y.)
Real Property-Landlord and Tenant
Privatization of Mitchell–Lama apartments complex was offering or sale of securities in New York. Graffeo, J.
Carlene Richards, Michelle'le McCarthy v. Hertz Corporation, Dunn Trucking, Inc. (N.Y. App. Div., 2d Dep’t)
Defendants made sufficient showing that portion of social webpage that was blocked by privacy setting might contain evidence relevant to defense of lawsuit. Mark C. Dillon, J.P
People v. Mona Kanciper (N.Y. App. Div., 2d Dep’t)
Criminal Justice-Child Endangerment
There was insufficient evidence to support defendant's conviction for endangering welfare of child. Daniel D. Angiolillo, J.P.
Joseph A. Ferrara, Sr., Frank H. Finkel, Marc Herbst, Denise Richardson, Anthony D'Aquila, Thomas F. Corbett, Thomas Gesualdi, Louis Bisignano, Dominick Marrocco, Anthony Pirozzi, as Trustees and Fiduciaries of the Local 282 Welfare Trust Fund, the Local 282 Pension Trust Fund, the Local 282 Annuity Trust Fund, the Local 282 Job Training Trust Fund, the Local 282 Vacation and Sick Leave Trust Fund v. Oakfield Leasing Inc., Coral Industries Inc., Michael N. Babino, Jr. (E.D.N.Y.)
Labor and Employment-Attorney Fees
Time sheets in ERISA action for delinquent contributions were sufficiently detailed, but rates charged were not all reasonable. Arthur D. Spatt, J.
People v. Jose Santana (Sup. Ct., Bronx County)
Ten-year “look back” period of provision of resentencing statute was measured to date of offense commission, not sentencing. Margaret L. Clancy, J.
Maria OCA M.D. P.C. a/a/o Carlos Caminero, Paula Campbell v. Allstate Insurance Co. (Civ. Ct., City of New York)
Defendant failed to offer any proof that it was a resident of the City of New York, such that service had to be effectuated within the city. Katherine A. Levine, J.
X South Shore Neurologic Associates, P.C. v. Mobile Health Management Services, Inc., Lee Management, Inc., Brookhaven Magnetic Resonance Imaging, Inc., Norman Chernik, M.D., Bert Brodsky, Lee Management, Inc., Mobile Health Management Services, Inc., South Shore Neurologic Associates, P.C., Mark Gudesblatt, M.D., Steven Rosen, M.D., Samson Mebrahtu, M.D., Norman Pflaster, M.D., Hugh Xian, M.D., Edward Firouztale, D.O., D.S.C., individually and in their capacity as Directors, Officers and Shareholders of South Shore Neurologic Associates, P.C., Henry Moreta, M.D., individually and in his capacity as an Officer and Director of South Shore Neurologic Associates, P.C., Arks Radiology Management, Inc., Norman Chernik, M.D., Norman L. Chernik, M.D., P.C., South Shore Neurologic Associates, P.C., South Shore Neurologic Associates, P.C., Brookhaven Magnetic Resonance Imaging, Inc., Bert Brodsky, In Matter of Application of South Shore Neurologic Associates, P.C., Holder of Two-Thirds of All Outstanding Shares of Stock of Brookhaven Magnetic Resonance Imaging, Inc, for Judicial Dissolution of Brookhaven Magnetic Resonance Imaging, Inc. (Sup. Ct., Suffolk County)
Employment contract was not barred, even though commercial relationship between practice and others violated regulation prohibiting fee splitting between physicians and non-physicians. Emily Pines, J.