Mary Germain v. Michael J. Astrue, Commissioner of Social Security (N.D.N.Y.)
Social Security – Disability Benefits
ALJ was entitled to find that claimant was not entirely credible. Randolph F. Treece, Magistrate Judge
Dale Schiffer, Ram Raviv v. Slomin's (N.Y.Dist.Ct.)
Commercial Law – Arbitration
Arbitration clause in contract governing home security system was unenforceable. Gary Franklin Knobel, J.
Masonry Services, Inc., Herrera Restoration, Inc., MJM Construction Services, LLC, Valley Stream Construction Corp., Hempsted Construction, Corp., Del Ma Restoration Corp., Jaime T. Herrera, Saul Herrera, Salomon Herrera, Manuel Herrera, James Herrera v. Masonry Services, Inc., Herrera Restoration, Inc., MJM Construction Services, LLC, Valley Stream Construction Corp., Hempsted Construction, Corp., Del Ma Restoration Corp., Jaime T. Herrera, Saul Herrera, Salomon Herrera, Manuel Herrera, James Herrera (E.D.N.Y.)
Labor and Employment – Hours and Wages
Employee sufficiently alleged operational control to state claim to recover unpaid overtime. Dora L. Irizarry, District Judge
People v. Rafael L. Belliard (N.Y.)
Criminal Justice – Pleas
That sentence was to run consecutively to prior sentence was collateral consequence of guilty plea. Graffeo, J.
In Matter of Arbitration between Shenendehowa Central School District Board of Education v. Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Local 864 (N.Y.)
Education – Arbitration
Arbitrator’s determination that reinstatement with conditions was proper penalty did not violate public policy.
People v. Michael Palmer; People v. Cornell Long (N.Y.)
Criminal Justice – Sex Offenders
Prosecution failed to show that sex offender's 90 minutes of beer drinking constituted alcohol abuse. Lippman, C.J.
Gastao G. ALMEIDA, Plaintiff, v. BEN GOR TAXI INC., and MD Anwar Hossain, Defendants. (Sup. Ct., Queens County)
Transportation – Motor Vehicles.
Examining orthopedist’s report was insufficient to eliminate all genuine issues of material fact. Robert J. McDonald, J.
The People of The State of New York, v. Andrew BARNETTE, Bertram Barnette, Defendants; The People of the State of New York, v. Calvin Cole, Defendant. (Sup. Ct., Kings County)
Criminal Justice – Joinder and Severance
Defendant was not entitled to sever his case from his brother’s case. Elizabeth Anne Foley, J.
UPTOWN RADIO, LLC, Plaintiff, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Defendant. (Sup. Ct., New York County)
Taxation – Sales and Use
Taxpayer’s action concerning sales tax assessment had to be brought as article 78 proceeding. Cynthia S. Kern, J.
City National Bank, N.A. v. Lake Street 1, LLC, Imre Englander (Sup. Ct., Orange County)
Real Property – Process
Statute prohibiting service of process on religious holidays did not cover day after Yom Kippur. Paul I. Marx, J.