0 results for 'Hancock Estabrook'
Court Says Plan Must Meet Obligations to Retiree Before Retrieving Funds Mistakenly Sent to Ex-Wife
Having considered the pension plan's anti-alienation arguments, Judge Lynch, writing for the Second Circuit panel, said nothing warranted reversal of the district court judgment "that the Plan must pay [plaintiff Dr. Robert Milgrim] what he is due, whether or not it can succeed in recovering the funds that it, through no fault of Milgram's, erroneously paid" to his ex-wife.Challenging Cleanup and Removal Costs From Petroleum Discharges
Wendy A. Marsh, a partner at Hancock & Estabrook, writes that the ability of a petroleum discharger to challenge the reasonableness of cleanup and removal costs incurred by the state has been the cause of much consternation on the part of environmental practitioners. To date, courts have not allowed dischargers to challenge the state?s expenditures in the context of a Navigation Law action, holding either that the discharger lacked a legal right to assert a challenge or that the attempt to do so was untimely. While the current guidance provided by the courts is less than logical, it at least sets forth a procedure to preserve the ability to challenge cleanup and removal costs.Getting a Criminal Case Into the Court of Appeals: Time for a Change
Norman A. Olch, who appears as counsel in civil and criminal appeals in state and federal courts, writes: The participation of the full U.S. Supreme Court on every petition for a writ of certiorari is admirable and is important for both the appearance and the substance of fairness. Unfortunately the same full and uniform approach on each case does not apply in the New York Court of Appeals: The process for securing review by that court will differ depending on whether the matter is a civil case or a criminal case.Cite as: American Underground Engineering, Inc. v. City of Syracuse, 5:00-CV-278 (FJS/DEP), NYLJ 1202519109097, at *1 (NDNY, Decided October 7, 2011)Distr
HANCOCK & ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR DEFENDANT-APPELLANT. GEORGE F. ANEY, HERKIMER, D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUN
Torts Brinkerhoff v. County of St. Lawrence, 507379 Appellate Division, Third Department Before: Peters, J.P., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ. Decided:
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