Recent Appellate Decisions

Goggins & Palumbo engage in appellate work to protect their client’s rights. Occasionally, a Trail Court makes a decision that we feel is incorrect. In such cases, we appeal the decision of the Trial Court. Below are some of our Appellate Decisions where the Appellate Division agreed with our position, thus, overturning the decision of the Trial Court.

Ruthinoski v. Brinkman, decided June 16, 2009, Supreme Court of the State of New York, Appellate Division, Second Department.

Our client Carl Ruthinowski was operating his motor cycle southbound on Peconic Lane when a mini van operated by John Brinkman stopped and made a sudden turn to the left while our client was attempting to pass Mr. Brinkman on the left believing that Mr. Brinkman was stopped. The Trial Court dismissed our clients case. We appealed, and won. The Appellate Division remanded the case to the Trial court to be added to the Trial Calendar. Click here to read the whole decision.

 

In the matter of Patricia Ann Cottage Pub d/b/a McCarthy’s Pub et al v. Linda Mermelstein,County of Suffolk, decided February 10, 2006, Supreme Court of the
State of New York, Appellate Division, Second Department.

We represent the Long Island Restaurant Association. New York State passed a smoking law mandating that all Restaurants and Bars in New York State post “no smoking” signs and inform their patrons that smoking is against the law. McCarthy’s Pub complied with the law, but continued to service their customers even though they continued to smoke cigarettes after being informed that it was against the law. The County of Suffolk issued a summons to McCarthy’s Pub. We appeared at a Health Department Hearing before a Administrative Judge and lost. We appealed to the Supreme Court and won. We informed the Supreme Court that the legislature merely put forth an “informational burden” upon the restaurants and bars allowing them to continue to serve smokers. The Health Department was unhappy with the Trail Court and appealed to the Appellate Division. The Appellate Division determined that our position and the Trial Court’s was legally correct.
Click here to read the whole decision.

 

Edson v. Town of Southold, decided December 13, 2007, Supreme Court of the State of New York, Appellate Term, Second Department.

Our client, Lewis Edson, cleared his residential vacant real property located on a bluff fronting the Long Island Sound. The Town of Southold violated him. The case went to Trial. Mr. Edson lost resulting in a $10,000.00 fine. We appealed the decision and won. The charges against Mr. Edson were dismissed and the fine reimbursed to Mr. Edson. The Town of Southold sought an appeal to the Court of Appeals, but was denied. Click here for a copy of the decision.

 

In accordance with the rules promulgated by New York State we must advise you that prior results do not guarantee a similar outcome in future litigation.