Recent Appellate Decisions
Goggins & Palumbo engage in appellate work to protect their client's rights. Occasionally, our client seeks a review of an adverse decision made y a Trial Court. In such cases, we appeal the decison. Set forth below are some Appellate Division decisions where the Appellate Court overturned the decision of the Trial Court in favor of our clients.
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.
Patricia Ann Cottage Pub d/b/a McCarthy's Pub et al v. Linda Mermelstein
Decided February 10, 2006
County of Suffolk, 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 ruling 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.
Goggins & Palumbo engage in appellate work to protect their client's rights. Occasionally, our client seeks a review of an adverse decision made y a Trial Court. In such cases, we appeal the decison. Set forth below are some Appellate Division decisions where the Appellate Court overturned the decision of the Trial Court in favor of our clients.
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.
Patricia Ann Cottage Pub d/b/a McCarthy's Pub et al v. Linda Mermelstein
Decided February 10, 2006
County of Suffolk, 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 ruling 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.