In the Matter of the Application of SANE ENERGY PROJECT; NYH20 LLC; Food and Water Watch; United for Action; New York City Friends of Clearwater; Village Independent Democrats; Ynestra King; Nathaniel Johnson; Anne Heaney; Joan Beard; John Mimikos; Sherry Lane; And William Buck Moorhead, Petitioners, v. THE HUDSON RIVER PARK TRUST; Texas Eastern Transmission LP; Algonquin Gas Transmission LLC; and Spectra Energy Corporation, Respondents. (Sup. Ct., New York County)
Energy and Utilities – Oil and Gas
Any challenges to right-of-way approval regarding natural gas pipeline had to be brought in federal court of appeals. Eileen A. Rakower, J.
Jiri C. Sipajlo, Victoria Sipajlo v. NYU Hospitals Center, Floralicia Salzar, NYHUC Retirement Plan, NYUHC Retirement Plan Committee (S.D.N.Y.)
Labor and Employment – Benefit Plans
Plan administrator's denial of change-of-beneficiary request was not arbitrary or capricious. McMahon, District Judge
Jacquelyn Kaufman v. Steven Kaufman (N.Y. App. Div., 2d Dep’t)
Family Law – Child Support
FICA taxes could not be deducted from wife’s income when calculating child-support obligation.
Leslie A. Byrne v. Commissioner of Internal Revenue (2d Cir.)
Taxation – Dismissal
Tax Court was required to consider lesser sanctions than dismissal for failure to prosecute.
People v. Raphael Golb (N.Y. App. Div., 1st Dep’t)
Criminal Justice – False Personation
Evidence showed that defendant never intended any kind of parody by his e-mails.
In re Michael Palleschi v. Salvatore Cassano (N.Y. App. Div., 1st Dep’t)
Labor and Employment – Public Employment
Firing employee after posting 911 caller’s confidential information on social media account did not shock sense of fairness.
Kafa Investments, LLC, Fidelco Family, LLC, Donald S. Heft, Frank A. Biancola, Sharon L. Orcutt, Mitchell Schneiderman v. 2170-2178 Broadway, LLC, PMG Holding I Operating Corp., Ziel Feldman, Kevin Maloney (Sup. Ct., New York County)
Torts – Release
Release barred former members’ unknown fraud claims. Barbara R. Kapnick, J.
Danny D. NGUYEN, Plaintiff, v. Christalla GEROLEMOU, Defendant. (Sup. Ct., Queens County)
Transportation – Motor Vehicles
Motorist was not comparatively negligent regarding automobile accident. Robert J. McDonald, J.
Michael MCCRIGHT, Plaintiffs, v. MAERSK LINE, LTD., Defendants. (Sup. Ct., New York County)
Maritime Law – Maintenance and Cure
Whether watchman would be able to return to work if he had more physical therapy precluded summary judgment. Joan M. Kenney, J.
In Matter of Probate Proceeding, Estate of Meyer Yagoda, Deceased (Sur. Ct., Nassau County)
Estate Planning and Probate – Discovery
Departure from three-year/two-year discovery rule was unwarranted in probate proceeding. Edward W. McCarty, J.