In re the Claim of Huff, 258 A.D.2d 832 (N.Y. App. Div. 1999). · Go Syfert
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In re the Claim of Huff, 258 A.D.2d 832 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
25 citation events (12 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Lewis v. Martin (nyappdiv, 2015-12-03)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Lewis v. Martin
N.Y. App. Div. · 2015 · confidence medium
These provisions are not inconsistent with the continuing jurisdiction predicates of the UCCJEA as set forth in Domestic Relations Law § 76-a. 3 As to the application of the PKPA to this matter, inasmuch as Florida has not declined jurisdiction — indeed, it has evidenced a desire to retain jurisdiction 4 —the question becomes whether Florida lost jurisdiction by virtue of the fact that, for a period of at least two years, neither the mother, the father nor the child resided in that state (see generally Matter of Hahn v Rychling, 258 AD2d 832, 833 [1999], lv dismissed 93 NY2d 954 [1999]).
discussed Cited as authority (rule) Bowman v. Bowman
N.Y. App. Div. · 2011 · confidence medium
Notably, the Court of Appeals has held that where UCCJA and PKPA conflict, PKPA preempts UCCJA by virtue of the Supremacy Clause (see Matter of Mott v Patricia Ann R., 91 NY2d 856, 859-860 [1997]; see also Frankel v Siravo, 278 AD2d 66, 67 [1st Dept 2000]; Matter of Jackson-Ordia v Ordia, 224 AD2d 529, 529 [2d Dept 1996]; Matter of Hahn v Rychling, 258 AD2d 832, 834 [3d Dept 1999], lv dismissed 93 NY2d 954 [1999]; Matter of Reis v Zimmer, 263 AD2d 136, 143-144 [4th Dept 1999], supra). 3 Given the similar goals of PKPA and FFCCSOA and unanimous findings that PKPA preempts inconsistent state law…
discussed Cited "see" Matter of William C. v. Zaida T.
N.Y. Fam. Ct., Queens Cty. · 2005 · signal: see · confidence high
Halvey v. Halvey , 330 US 610, 614-615 [1947]), in 1980 Congress enacted the Parental Kidnaping Prevention Act ("PKPA") which is intended to "avoid jurisdictional competition and conflict between State courts" ( Thompson v. Thompson , at 178; see , Matter of Hahn v. Rychling , 258 AD2d 832, 833 , lv. dismissed 93 NY2d 954 ; Matter of Steele v. Neeman , 280 AD2d 108, 113; Matter of Zielinski v. Wayman , 300 AD2d 945, 946 , lv. denied 99 NY2d 509 ), and which "imposes a duty on the States to enforce a child custody determination entered by a court of a sister State if the determination is consis…
discussed Cited "see, e.g." In Re Jorgensen
Iowa · 2001 · signal: see also · confidence low
See, e.g., Warshawsky v. Warshawsky, 226 A.D.2d 708, 709 , 641 N.Y.S.2d 877, 879 (1996); Perri v. Mariarossi, 172 A.D.2d 671, 672 , 568 N.Y.S.2d 637, 638 (1991); Michael P. v. Diana G., 156 A.D.2d 59, 64-65 , 553 N.Y.S.2d 689, 692-93 (1990); see also Hahn v. Rychling, 258 A.D.2d 832 , 835-36, 686 N.Y.S.2d 136 , 140 (1999) (Mikoll, J.P., dissenting).
discussed Cited "see, e.g." Upon the Petition of Jorgensen
Iowa · 2001 · signal: see also · confidence low
See, e.g., Warshawsky v. Warshmosky, 226 A.D.2d 708, 709 , 641 N.Y.S.2d 877, 879 (1996); Perri v. Mariarossi, 172 A.D.2d 671, 672 , 568 N.Y.S.2d 637, 638 (1991); Michael P. v. Diana 156 A.D.2d 59, 64-65 , 553 N.Y.S.2d 689, 692-93 (1990); see also Hahn v. Rychling, 258 A.D.2d 832 , 835-36, 686 N.Y.S.2d 136 , 140 (1999) (Mikoll, J.P., dissenting).
discussed Cited "see, e.g." Donna D. v. Steve A. P.
N.Y.C. Fam. Ct. · 2000 · signal: see also · confidence medium
On the other hand, pursuant to the existing case law in the First, Second and Fourth Departments, the petitioner mother’s claim of jurisdiction in this State is the stronger of the opposing arguments (see, Matter of Irwin v Schmidt, 236 AD2d 401 [2d Dept 1997]; Matter of Heitler v Hoosin, 143 AD2d 1018 [2d Dept 1988]; Schumaker v Opperman, 187 AD2d 1033 [4th Dept 1992]; C.R.-C. v. R.C., 181 Misc 2d 906 [Fam Ct, Rockland County 1999]; cf., Capobianco v Willis, 171 AD2d 834 [2d Dept 1991]; see also, Matter of Hahn v Rychling, supra, at 835-837 [Mikoll, P. J., dissenting]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Dennis Huff, Sr., Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jan 14, 1999.
258 A.D.2d 832
Cited by 11 opinions  |  Published

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 15, 1997, which ruled that claimant was ineligible to receive unemployment insurance benefits because he had a reasonable assurance of continued employment.

Claimant was employed as a teacher’s aide by the City of Buffalo Board of Education. Although his employment came to a temporary end in June 1997 at the close of the school year, the employer notified claimant that his employment would resume in September 1997 when the next academic year began. The Unemployment Insurance Appeal Board subsequently ruled that claimant was ineligible for benefits during the summer of 1997 because he had been given a reasonable assurance that he would be rehired on the same terms for the 1997-1998[*833] school year commencing in September 1997. We affirm. Substantial evidence supports the Board’s decision (see, Matter of Huff [Sweeney], 247 AD2d 734, lv denied 92 NY2d 801; Matter of Huff [Sweeney], 222 AD2d 919). We note that claimant argues here, as he has done in prior unsuccessful claims, that Labor Law § 590 (11) does not apply to his situation because he normally provided services for an educational institution that accepts students year-round. However, it is undisputed that the applicable collective bargaining agreement covering claimant’s employment only covers the academic year from September through June and the hiring of aides for summer school is dictated by entirely different criteria.

Mercure, J. P., Crew III, Peters, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.