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18 May 2015, 3:19 pm by Stephen Bilkis
34 A.D.3d 850 824 N.Y.S.2d 684 2006 NY Slip Op 9024 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. [read post]
21 Aug 2009, 4:01 am
., 298 A.D.2d 456From time to time a party to a collective bargaining agreement [CBA] will attempt to prevent a grievance from being submitted to an arbitrator by seeking a stay of arbitration pursuant to Article 75 of the Civil Practice Law and Rules. [read post]
30 Nov 2007, 9:06 pm
Now, the Supreme Court's Appellate Division has agreed with and upheld Kings County Surrogate Tomei in the Matter of Martin Neary, deceased 843 N.Y.S.2d 689 (A.D.2 Dept 2007)  affirming the Surrogate's finding that the will should be set aside by reason of undue influence. [read post]
2 Feb 2015, 8:38 pm
This was based on the leading case of Matter of Verplanck, 151 A.D.2d 767, 767, 543 N.Y.S.2d 138; and the case of Matter of Phelan, 173 A.D.2d 621, 570 N.Y.S.2d 202). [read post]
12 Apr 2009, 6:44 pm
The time-honored principal of construing a will or trust as written and to determine the settlor's intention from the unambiguous language of the instrument itself was ratified once more by the decision of the New York Appellate Division's Second Department to partially affirm a decision written by Queens County Surrogate Robert Nahman in the Matter of Terranova 873 N.Y.S.2d 651(A.D. 2d Dept 2009). [read post]
11 May 2009, 8:25 pm
The issue of undue influence was revisited recently by the Appellate Division in the Matter of Thaddeus Klingman 875 N.Y.S. 2d(A.D. 2 Dept 2009). [read post]
12 Aug 2010, 11:35 pm
Apparently some of the material demanded concerned disciplinary matters while other papers dealt with a “stipulation of settlement. [read post]
30 Jan 2011, 8:01 pm
A recent decision from the Second Department of the Appellate Division in In Re Taylor 912N.Y.S.2d 651 (A.D.2 Dept 2010) reminds us of the burdens to be met by both sides in a judicial accounting. [read post]