Recent Law Watch ResultsLoislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys. social security - social securityKNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... social security - social security IN THE MATTER OF SHERIFF OFFICERS ASSOCIATION, INC. v. NASSAU COUNTY, 4621/12 (6-8-2012) No. 4621/12 June 8, 2012 By correspondence dated March 15, 2012 and directed to Mr. Stasko, the Office of the Nassau County Comptroller, a co-respondent herein, through its Assistant Director of Payroll and Benefits advised, in pertinent part, as follows: "We received your application for early retirement under the 25-Year Special Retirement Plan for Nassau County. We performed a review of your employment records, and concluded that you did not fulfill the service-years requirement to retire under this plan. We verified this ... "Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly (see McLaughlin, Piven, Vogel v. Nolan ~amp~ Co.,114 A.D.2d 165, 172, 498 N.Y.S.2d 146 [2d Dept.,... article 81 - article 81 MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012) No. 10-3005-cv Decided: June 25, 2012 Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities... EPTL or SCPA - EPTL or SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... article 81 - article 81 IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... "medicaid" or "medicare" - "medicaid" or "medicare" HUSSEIN v. STATE, 69 (N.Y. 6-D-2012) No. 69 Decided on June 26, 2012 I would accept the Attorney General's invitation and dismiss the complaint. Plaintiffs seek increased State funding on the theory that more money necessarily equals better student outcomes. They criticize the education aid formula prior to 2007, as it was applied to their small city school districts, but most of their ire is directed at Chapter 57. In their view, the 2007 reforms assigned too humble a piece of New York's school aid pie to their districts. Thus, this lawsuit, as is invariably the case in... how much of this revenue should the Legislature appropriate to support public education, as opposed to Medicaid or public assistance or other government programs and operations? how much should the public be taxed to support public education? social security - social security ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012) No. 147 Decided on June 26, 2012 Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability... "medicaid" or "medicare" - "medicaid" or "medicare" NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... social security - social security IN THE MATTER OF SHERIFF OFFICERS ASSOCIATION, INC. v. NASSAU COUNTY, 4621/12 (6-8-2012) No. 4621/12 June 8, 2012 By correspondence dated March 15, 2012 and directed to Mr. Stasko, the Office of the Nassau County Comptroller, a co-respondent herein, through its Assistant Director of Payroll and Benefits advised, in pertinent part, as follows: "We received your application for early retirement under the 25-Year Special Retirement Plan for Nassau County. We performed a review of your employment records, and concluded that you did not fulfill the service-years requirement to retire under this plan. We verified this ... "Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly (see McLaughlin, Piven, Vogel v. Nolan ~amp~ Co.,114 A.D.2d 165, 172, 498 N.Y.S.2d 146 [2d Dept.,... article 81 - article 81 MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012) No. 10-3005-cv Decided: June 25, 2012 Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities... EPTL or SCPA - EPTL or SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... article 81 - article 81 IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... "medicaid" or "medicare" - "medicaid" or "medicare" HUSSEIN v. STATE, 69 (N.Y. 6-D-2012) No. 69 Decided on June 26, 2012 I would accept the Attorney General's invitation and dismiss the complaint. Plaintiffs seek increased State funding on the theory that more money necessarily equals better student outcomes. They criticize the education aid formula prior to 2007, as it was applied to their small city school districts, but most of their ire is directed at Chapter 57. In their view, the 2007 reforms assigned too humble a piece of New York's school aid pie to their districts. Thus, this lawsuit, as is invariably the case in... how much of this revenue should the Legislature appropriate to support public education, as opposed to Medicaid or public assistance or other government programs and operations? how much should the public be taxed to support public education? social security - social security ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012) No. 147 Decided on June 26, 2012 Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability... "medicaid" or "medicare" - "medicaid" or "medicare" NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... social security - social security IN THE MATTER OF SHERIFF OFFICERS ASSOCIATION, INC. v. NASSAU COUNTY, 4621/12 (6-8-2012) No. 4621/12 June 8, 2012 By correspondence dated March 15, 2012 and directed to Mr. Stasko, the Office of the Nassau County Comptroller, a co-respondent herein, through its Assistant Director of Payroll and Benefits advised, in pertinent part, as follows: "We received your application for early retirement under the 25-Year Special Retirement Plan for Nassau County. We performed a review of your employment records, and concluded that you did not fulfill the service-years requirement to retire under this plan. We verified this ... "Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly (see McLaughlin, Piven, Vogel v. Nolan ~amp~ Co.,114 A.D.2d 165, 172, 498 N.Y.S.2d 146 [2d Dept.,... article 81 - article 81 MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012) No. 10-3005-cv Decided: June 25, 2012 Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities... EPTL or SCPA - EPTL or SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... article 81 - article 81 IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... "medicaid" or "medicare" - "medicaid" or "medicare" HUSSEIN v. STATE, 69 (N.Y. 6-D-2012) No. 69 Decided on June 26, 2012 I would accept the Attorney General's invitation and dismiss the complaint. Plaintiffs seek increased State funding on the theory that more money necessarily equals better student outcomes. They criticize the education aid formula prior to 2007, as it was applied to their small city school districts, but most of their ire is directed at Chapter 57. In their view, the 2007 reforms assigned too humble a piece of New York's school aid pie to their districts. Thus, this lawsuit, as is invariably the case in... how much of this revenue should the Legislature appropriate to support public education, as opposed to Medicaid or public assistance or other government programs and operations? how much should the public be taxed to support public education? social security - social security ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012) No. 147 Decided on June 26, 2012 Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability... "medicaid" or "medicare" - "medicaid" or "medicare" NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... social security - social security IN THE MATTER OF SHERIFF OFFICERS ASSOCIATION, INC. v. NASSAU COUNTY, 4621/12 (6-8-2012) No. 4621/12 June 8, 2012 By correspondence dated March 15, 2012 and directed to Mr. Stasko, the Office of the Nassau County Comptroller, a co-respondent herein, through its Assistant Director of Payroll and Benefits advised, in pertinent part, as follows: "We received your application for early retirement under the 25-Year Special Retirement Plan for Nassau County. We performed a review of your employment records, and concluded that you did not fulfill the service-years requirement to retire under this plan. We verified this ... "Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly (see McLaughlin, Piven, Vogel v. Nolan ~amp~ Co.,114 A.D.2d 165, 172, 498 N.Y.S.2d 146 [2d Dept.,... article 81 - article 81 MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012) No. 10-3005-cv Decided: June 25, 2012 Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities... EPTL or SCPA - EPTL or SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... article 81 - article 81 IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... "medicaid" or "medicare" - "medicaid" or "medicare" HUSSEIN v. STATE, 69 (N.Y. 6-D-2012) No. 69 Decided on June 26, 2012 I would accept the Attorney General's invitation and dismiss the complaint. Plaintiffs seek increased State funding on the theory that more money necessarily equals better student outcomes. They criticize the education aid formula prior to 2007, as it was applied to their small city school districts, but most of their ire is directed at Chapter 57. In their view, the 2007 reforms assigned too humble a piece of New York's school aid pie to their districts. Thus, this lawsuit, as is invariably the case in... how much of this revenue should the Legislature appropriate to support public education, as opposed to Medicaid or public assistance or other government programs and operations? how much should the public be taxed to support public education? social security - social security ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012) No. 147 Decided on June 26, 2012 Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability... "medicaid" or "medicare" - "medicaid" or "medicare" NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... social security - social security IN THE MATTER OF SHERIFF OFFICERS ASSOCIATION, INC. v. NASSAU COUNTY, 4621/12 (6-8-2012) No. 4621/12 June 8, 2012 By correspondence dated March 15, 2012 and directed to Mr. Stasko, the Office of the Nassau County Comptroller, a co-respondent herein, through its Assistant Director of Payroll and Benefits advised, in pertinent part, as follows: "We received your application for early retirement under the 25-Year Special Retirement Plan for Nassau County. We performed a review of your employment records, and concluded that you did not fulfill the service-years requirement to retire under this plan. We verified this ... "Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly (see McLaughlin, Piven, Vogel v. Nolan ~amp~ Co.,114 A.D.2d 165, 172, 498 N.Y.S.2d 146 [2d Dept.,... article 81 - article 81 MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012) No. 10-3005-cv Decided: June 25, 2012 Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities... EPTL or SCPA - EPTL or SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... article 81 - article 81 IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... "medicaid" or "medicare" - "medicaid" or "medicare" HUSSEIN v. STATE, 69 (N.Y. 6-D-2012) No. 69 Decided on June 26, 2012 I would accept the Attorney General's invitation and dismiss the complaint. Plaintiffs seek increased State funding on the theory that more money necessarily equals better student outcomes. They criticize the education aid formula prior to 2007, as it was applied to their small city school districts, but most of their ire is directed at Chapter 57. In their view, the 2007 reforms assigned too humble a piece of New York's school aid pie to their districts. Thus, this lawsuit, as is invariably the case in... how much of this revenue should the Legislature appropriate to support public education, as opposed to Medicaid or public assistance or other government programs and operations? how much should the public be taxed to support public education? social security - social security ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012) No. 147 Decided on June 26, 2012 Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability... "medicaid" or "medicare" - "medicaid" or "medicare" NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012) Nos. 11-393, 11-398 and, 11-400 Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011 Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the... social security - social security KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION, 10-1121 (U.S. 6-21-2012) No. 10-1121 Argued January 10, 2012, Decided June 21, 2012 OCTOBER TERM, 2011 And isn't it likely that most employees who choose not to join the union that represents their bargaining unit prefer not to pay the full amount of union dues? To make matters worse, the majority's answer to its unasked constitutional question is not even clear. After today, must a union undertaking a special assessment or dues increase obtain affirmative consent to collect "any funds" or solely to collect funds for nonchargeable expenses? May a nonmember opt not to contribute to a special assessment, even if the assessment is levied to fund uncontestably chargeable activities? Or, may the union assume that the nonmember is willing to pay unless the nonmember indicates a desire not to pay, by "opting out"? EPTL or SCPA - EPTL or SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... social security - social security IN THE MATTER OF MISERENDINO v. CITY OF MOUNT VERNON, 2011-00807 (2d Dept 6-20-2012) 2011-00807 Decided on June 20, 2012 DECISION ~amp~ JUDGMENT The petitioner was employed by the City of Mount Vernon Fire Department (hereinafter the City) from 1975 until 2006, when he was awarded accidental disability retirement benefits by the New York State Comptroller. Over the course of his employment, the petitioner sustained a number of on-the-job injuries. After each injury, he returned to work in full capacity. The petitioner alleges that he sustained his last on-the-job injury in October 2002, when he slipped and fell on a ... The City denied the application on the basis that the petitioner's disability was not connected to his on-the-job injury. The petitioner requested a hearing, and the hearing officer found credible the testimony of the City's expert, Dr. Warren Silverman, and... article 81 - article 81 IN THE MATTER OF SAMUEL S., 2011-10147 (2d Dept 6-20-2012) 2011-10147 Decided on June 20, 2012 In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered ... Ordered that the order is modified, on the law, by deleting the provisions thereof, without a hearing, fixing the fees of court evaluator Julie A. Clark in the sums of $18,950.60 and $18,950 and fixing the fees of court-appointed psychiatrist Dr. James Lynch in the sum of $4,275; as so modified, ... social security - social security LARRABEE v. BRADSHAW, 513261 (3d Dept 6-21-2012) 513261 Calendar Date: April 16, 2012 Decided and Entered: June 21, 2012 "On a motion for summary judgment dismissing a complaint that alleges a serious injury under Insurance Law § 5102 (d), the defendant bears the initial `burden of establishing by competent medical evidence that plaintiff did not sustain a serious injury caused by the accident'" Page 2 (Howard v Espinosa, 70 AD3d 1091, 1091-1092 [2010], quoting Haddadnia v Saville, 29 AD3d 1211, 1211 [2006]; see Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]). Here, plaintiff claims that her injuries constituted a ... In support of their motion, defendants submitted plaintiff's deposition testimony, in which she testified that she worked as a waitress from 1997 to 2004 and had previously worked as a waitress, housekeeper and maid. Although plaintiff testified that she was not... social security - social security QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012) 513857 Calendar Date April 20, 2012 Decided on June 21, 2012 MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,... EPTL or SCPA - EPTL or SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... EPTL or SCPA - EPTL or SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... "medicaid" or "medicare" - "medicaid" or "medicare" BAY PARK CENTER FOR NURSING AND REHABILITATION, LLC v. SHAH, 607-11 (6-19-2012) 607-11 June 19, 2012 Here, Plaintiffs' Second Cause of Action is converted to an Article 78 proceeding because it challenges Defendant's "scale back" interpretation of L. 2011, Ch. 59, Pt. D, § 96, amending L.2009, Ch. 58, Pt. D, § 2 as arbitrary, capricious and contrary to law. The parties agree that a modification to the Medicaid reimbursement rate methodology (Public Health Law § 2808[2-b]) created an aggregate increase in total Medicaid reimbursement funding. Despite the aggregate increase, the new methodology decreased... |