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REPRESENTATIVE CASES

The following reported opinions are representative of the work I have done in a wide-ranging number of substantive areas of the law in various appellate courts of the State of New York. The following list contains cases that were fully briefed and argued. The list does not include the many instances in which I performed legal services for or consulted with clients or their attorneys concerning cases at the administrative or trial level. The list also does not contain reported opinions in appeals in which I was retained in the Circuit Courts of Appeal of the United States or in the appellate courts of other states, including Rhode Island and Vermont.

ARTICLE 78:
CSEA, Inc., Local 1000, AFSCME, AFL-CIO v State of New York, 55 AD3d 1070 (3rd Dept 2008)(classification of salary grade)

BAILMENT:
Strach v Doin, 288 AD2d 640 (3rd Dept 2001)(bailor of personal property sued bailee and buyer of bailed items alleging conversion)

CROSS APPEAL:
Coleman, Grasso and Zasada Appraisals Inc. v Coleman, 246 AD2d 893 (3rd Dept 1998)(breach of noncompetition clause, relation back doctrine)

DISCOVERY/SANCTIONS:
O’Brien v Clark Equipment Co, 25 AD3d 958 (3rd Dept 2006)(products liability action, preclusion order, counsel fees, costs and expenses awarded)

ELECTION LAW:
Guidarelli v Brassard, 88 AD3d 1147 (petition challenging placement of candidates’ names on ballots)

ESTATES:
In re Estate of Rich, 117 AD3d 1103 (3rd Dept 2014)(petition for judicial settlement of accounts; discovery requests made by beneficiary of estate)

In re Walker, 117 AD3d838 (2nd Dept 2014)(administrator of decedent’s estate petitioned for turnover of assets in possession of university that allegedly belong to decedent’s estate)

In re Estate of Nealon, 22 NY3d 1045 (2014)(review of submissions on appeal upon stipulations for judgment absolute [CPLR §5601(c)], In re Estate of Nealon, 104 AD3d 1088 (3rd Dept 2013)(appeal from judgment after trial in proceeding to challenge transfers from decedent to son’s former wife), In re Nealon, 57 AD3d 1325 (3rd Dept 2008)(motion for summary judgment)

In re Estate of Whitney, 57 AD3d 1142 (3rd Dept 2008)(posting of bond, ancillary letters of administration)

In re Estate of Naumoff, 301 AD2d 802 (3rd Dept 2003)(judicial settlement of account, challenge to distributions made during decedent’s life by executor while acting under power of attorney)

INSURANCE:
Lewiarz v Travco Ins. Co., 82 AD3d 1464 (3rd Dept 2011)(suit alleging that agent and broker were negligent in preparing homeowners insurance application)

Villanueva v Preferred Mut. Ins. Co., 48 AD3d 1015 (3rd Dept 2008)(interpretation of limitation on coverage for personal property on insured premises used for business purposes)

MALPRACTICE:
Kerbein v Hutchison, 30 AD3d 730 (3rd Dept 2006)(action against attorneys who represented client in workers’ compensation discrimination claim)

MENTAL HEALTH
In re Brian HH, 39 AD3d 1007 (3rd Dept 2007)(hearing to determine mental condition)

PERSONAL INJURY:
Rodriguez v Coalition for Father Duffy, LLC, 112 AD3d 407 (1st Dept 2013)(action by injured worker for common law negligence and under scaffold law)

Feris v Port Authority of New York and New Jersey, 40 AD3d 276 (1st Dept 2007)(action by injured worker for common law negligence and under labor law)

REAL ESTATE:
10 Cardinal Lane, LLC v NKT Land Acquisitions, Inc., 117 AD3d 1133 (3rd Dept 2014)(cancellation of conveyance of property)

Paulsen Development Co. of Albany, LLC v County of Schenectady Dept of Engineering and Public Works, 47 AD3d 1031 (3rd Dept 2008)(subdivision developers sued county department to issue highway work permit)

Kahn v Levy, 52 AD3d 928 (3rd Dept 2008)(partition of property)

Lewis v Jefferson, 45 AD3d 814 (2nd Dept 2007)(partition of real property)

Wilderhomes, LLC v Zautner, 34 AD3d 1062 (3rd Dept 2006)(breach of contract, specific performance of purchase agreement)

Mobile Motivations, Inc. v Lenches, 26 AD3d 568 (3rd Dept 2006)(easement)

RR Chester, LLC v Arlington Bldg Corp, 22 AD3d 652 (2nd Dept 2005)(specific performance of real estate contract)

Smith v Sheppard, 301 AD2d 913 (3rd Dept 2003)(enforcement of restrictive covenants by residents of subdivision)

CRIMINAL DEFENSE:
People v Byrne, 77 NY2d 460 (1991)(vicarious liability under Alcoholic Beverage Control Law)

People v Kovacs, 255 AD2d 457 (2nd Dept 1998)(second-degree murder)

People v Mangarella, 190 AD2d 757 (2nd Dept 1993)(criminal possession of weapon)

People v Salamone, 89 AD3d 961 (2nd Dept 2011)(burglary, grand larceny, scheme to defraud)

CRIMINAL PROSECUTION:
People v Seeber, 4 NY3d 780 (2005), affirming 4 AD3d 620 (3rd Dept 2004)(felony murder)

DOMESTIC RELATIONS AND DIVORCE:

Equitable distribution: Malone-Barnes v Barnes, 111 AD3d 1071 (3rd Dept 2013)(farm); Mairs v Mairs, 61 AD3d 1204 (3rd Dept 2009)(medical license and medical practice), Evans v Evans, 55 AD3d 1079 (3rd Dept 2008)(equitable distribution of engineering degree as a marital asset, calculation of maintenance), Schwalb v Schwalb, 50 AD3d 1206 (3rd Dept 2008)

Child Custody:

Michelle V v Brandon V, 110 AD3d 1319 (3rd Dept 2013)(relocation case); Rikard v Matson, 80 AD3d 968 (3rd Dept 2011)(application to modify prior order of custody)

College Expenses:

Bungart v Bungart, 107 AD3d 751 (2nd Dept 2013)

Child and spousal support:

Yarinsky v Yarinsky, 59 AD3d 828 (3rd Dept 2009), Casolo v Casolo, 50 AD3d 1196 (3rd Dept 2008)

Modification of stipulation:

Hendrix v Hendrix, 2 AD3d 1257 (3rd Dept 2003)(settlement)

Separation Agreement:

Lyons v Lyons, 289 AD2d 902 (3rd Dept 2001)(petition to set aside separation agreement)


WILLS:

In re Estate of Sharp, 68 AD3d 1182 (3rd Dept 2009)(probate proceeding seeking letters of administration that challenged admission of last will and testament, doctrine of “dependent relative revocation” inapplicable to revive decedent’s original will)

 


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