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Evidently, a fisherman who caught a flounder off the south shore of Long Island was not exaggerating when he told authorities it was above the minimum length permitting him to keep the fish. In June, an environmental conservation ward officer charged Thomas J. Romano with violating a 17-inch minimum requirement that allows anglers to keep flounder caught in waters off the south shore. But Nassau County District Court Judge Adam H. Moser ruled that the fish, which was snagged several hours before the officer stopped Mr. Romano’s boat and measured the fish at 16.5 inches, had shrunk while in captivity. The judge noted that the officer conceded that it was possible for the type of fish the defendant caught in the morning to shrink up to half its original size by the afternoon. Judge Moser, who dismissed the case, held that it was “no fluke” that the fish had decreased in size.
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A Nassau County Supreme Court acting justice has vacated an arbitration agreement, finding that the arbitrator was “biased and arbitrary” in her decision. Acting Justice Daniel Martin determined in State Farm v. Perez, 12343-03, that the arbitrator’s decision to reject a physician’s report related to injuries sustained by Francisco Perez during an auto accident was based on “several invalid reasons.” The judge also found that the arbitrator, who was not named, reached “unsupported and conflicting conclusions.” Justice Martin therefore ordered a new hearing. (The decision will be published on Friday.)
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Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn has named Aaron Gershonowitz as a partner in the Mineola-based firm. Mr. Gershonowitz joined the firm in 1996. He concentrates his practice on environmental law, particularly land use and commercial real estate. Former in-house counsel at Grumman Aerospace Corp., Mr. Gershonowitz received his law degree from George Washington University.
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Nixon Peabody has added Donald B. MacDougall as of counsel in its Garden City office. Mr. MacDougall previously practiced as a partner with San Francisco-based Kenny & Markowitz. He is a civil litigator whose clients have included several airlines such as American, United and Delta.
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The Nassau County Court System will celebrate Women’s History Month with a ceremony honoring women pioneers in the judicial system on March 18 at 12:45 p.m. in Mineola Supreme Court’s Calendar Control Part Courtroom. Administrative Judge Anthony Marano and Nassau County Court Judge Claire E. Weinberg will preside over the event, which will recognize several women judges in Nassau County.

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