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A lower court denied due process to a Medford volunteer firefighter who was dismissed from the department after a hearing, the Appellate Division, Second Department, ruled. Richard Greene was dismissed after the department charged him with conduct unbecoming to a member, neglect in carrying out orders of a superior officer and failure to comply with the bylaws and rules of the department. Although Suffolk County Supreme Court Acting Justice Michael F. Mullen ruled that the department provided sufficient notice to Mr. Greene that a hearing regarding the dismissal was pending, the appeals panel in Matter of Richard Greene v. Medford Fire Department, 31090-02, found that the notice was not specific enough for him to launch a defense. The notice, according to the panel, only advised Mr. Greene of the charges in general terms, the appeals court found. (The decision was published April 29 on p. 28, col. 6.)

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Nassau University Medical Center had sufficient reason to know of a 10-year-old patient’s burst appendix, which defeated its claim that the failure of the child’s mother to timely file a notice of a medical malpractice claim created prejudice against the hospital, a judge has ruled. In Villalta v. Nassau Health Care Corp., 17610-03, Nassau County Supreme Court Justice Bruce D. Alpert found that although Maria Villalta had no reasonable excuse for her delay, the county was unable to specifically identify any harm it suffered. In addition, the judge held that the hospital’s own records indicated that it had actual notice of the incident. Ms. Villalta alleged that although she gave doctors consent to remove her daughter’s appendix, the child was discharged without being treated. Weeks later, the child was admitted to the hospital after the appendix ruptured. The suit claims the child underwent abdominal surgery. Justice Alpert granted Ms. Villalta’s application to file the late notice as part of a special proceeding and ordered the case to proceed under a separate index number if litigation was necessary.

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Chief Judge Judith S. Kaye will deliver the annual commencement address and receive an honorary doctor of laws degree at Adelphi University’s 108th commencement May 16. The university selected Judge Kaye, in part, for her decision in CFE v. State of New York, which held that the state’s education system was inadequate to provide New York City children with a “sound basic education.” The commencement will be held at the Stiles Athletic Field, One South Avenue, Garden City, at 10 a.m.

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