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Facility was not allowed to Petition Guardian Court for Appointment of a Guardian of the Person Solely to Submit Medicaid Application on Behalf of the IP

 Matter of Restaino (AG) 2012 NY Slip Op 22236 Decided on August 29, 2012 Supreme Court, Nassau County Diamond, J.  Quoted from the Decision: " The petition presented in this Art. 81 guardianship proceeding raises two questions that this court has not previously addressed. The first is whether it is appropriate for a facility to petition ...

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Even Though Finally Receiving Care Services, Plaintiff Must Be Heard on Claim of Agency’s Failure to Advise of Their Temporary Availability Earlier

 ARGUMENT OVER "MOOTNESS"  She didn't get the services at first, but did ultimately, and her suit against the Human Resources Administration is based on the agency's failure to notify her about a right to temporary services during the pendency of her application. She claimed that right to notice under § 133 of the Social Services Law. The...

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Notice of New Address & the Tax Collector

 Naughton v. Warren County Plaintiffs were owners of real property in the Town of Chester (Town), New York. Plaintiffs then lived in New Jersey, and their address there appeared on the deed. Plaintiffs subsequently moved without informing the Town taxing authorities of their new address. After Plaintiffs failed to pay taxes on their New York p...

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Failure to Disclose did not Breach Fiduciary Duty

 Pappas v. Tzolis Plaintiffs and Defendant formed and managed a limited liability company for the purpose of entering into a long-term lease on a building in Manhattan. Later, Defendant took sole possession of the property and bought Plaintiffs' membership interests in the LLC. Defendant subsequently assigned the lease to a subsidiary of a dev...

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California Man Uses “Corporations are People” Argument to Challenge HOV Lane Ticket

A driver in San Rafael, California is attempting to appeal a traffic citation for driving alone in a High Occupancy Vehicle lane. Jonathan Frieman and his attorney, Ford Greene, argue that since Frieman had corporate incorporation papers in his car when he was stopped by an officer, he was actually carpooling at the time. Technically, the state of ...

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Possible Father was Estopped from Asserting Non-Paternity

 In the Matter of Commissioner of Social Services, on Behalf of Elizabeth S. v. Julio J., 57 SSM 44 A Family Court's decision that a possible father should be equitably estopped from asserting non-paternity, was reinstated by the Appellate Division. The Appellate Court also reversed where the evidence supported the Family Court's findings that...

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