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Court of Appeals of New York - November 2003 Opinion Summaries

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STEVENS AND THOMPSON PAPER CO., INC. v. NIAGARA MOHAWK POWER CORP.

Court of Appeals of New York
Public Utilities
The Appellate Division is affirmed where the power purchase agreement between the parties is not subject to the grandfathering provisions of Public...
11/26/2003 3 No. 133

BANKER'S TRUST CORP. v. NYC DEPT. OF FIN.

Court of Appeals of New York
Administrative Law, Tax Law
Order of the Appellate Division modified where Administrative Code section 11-681.2, providing for review by the tax appeals tribunal, was plaintiff's...
11/26/2003 1 No. 131

PEOPLE v. CAHILL

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Conviction for first degree murder reduced to second degree murder and death sentence vacated where aggravating factors were not proven and the...
11/26/2003 123

PEOPLE v. MCDONALD

Court of Appeals of New York
Criminal Law & Procedure, Immigration Law
Conviction affirmed where a defense counsel's incorrect advice as to deportation consequences of a plea may constitute ineffective assistance of...
11/24/2003 3 No. 110

TODD v. PRUDENTIAL SECS., INC.

Court of Appeals of New York
Labor & Employment Law
On certification, the court held that because the wage deductions directed into the investment plan qualify as "payments for the benefit of the...
11/24/2003 3 No. 126

IN RE ZELINSKY

Court of Appeals of New York
Constitutional Law, Tax Law
The Appellate Division is affirmed where the New York tax is fairly apportioned, the resultant double taxation does not serve to invalidate the tax,...
11/24/2003 3 No. 129

COUNTY OF NASSAU v. CANAVAN

Court of Appeals of New York
Administrative Law
In a civil forfeiture action, judgment to defendant is affirmed where due process requires that prompt post-seizure hearings be provided to all...
11/24/2003 3 No. 137

DOMEN HOLDING CO. v. ARANOVICH

Court of Appeals of New York
Property Law & Real Estate
Appellate Division is modified where the Notice of Termination constitutes a proper predicate for the ejectment proceeding based on the tenants'...
11/24/2003 3 No. 146

IN THE MATTER OF THE US FED'N OF TEACHERS v. THE BD. OF EDUC. OF THE CITY OF NEW YORK

Court of Appeals of New York
Dispute Resolution & Arbitration
Arbitration award did not violate public policy and the arbitrator did not exceed her authority under the collective bargaining agreement.
11/20/2003 3 No. 134

O'CONNELL v. CORCORAN

Court of Appeals of New York
Family Law, International Law
In accordance with the Full Faith and Credit Clause, where a foreign divorce decree would serve as a bar to a subsequent action for equitable...
11/20/2003 3 No. 111

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