Second Circuit — Immigration: Reyes v. Holder
By Daily Record Staff
POSTED: May 23, 2013
Tags: immigration, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Immigration Deportable vs. Inadmissible — Special Rule Cancellation of Removal Reyes v. Holder 11-5409-ag Judges Cabranes, Livingston and Furman Background: The Board of Immigration Appeals determined that the petitioner was ineligible for the Nicaraguan Adjustment and Central American Relief Act’s “special rule cancellation of removal.” Specifically, the [...]
Second Circuit — Interstate Land Sales — Full Disclosure: Berlin v. Renaissance Rental Partners LLC 
By Daily Record Staff
POSTED: May 23, 2013
Tags: full disclosure, Interstate Land Sales, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Interstate Land Sales — Full Disclosure Single-Floor Condominium — Lot Berlin v. Renaissance Rental Partners LLC 12-2213-cv Judges Jacobs, Cabranes and Straub Background: The Consumer Financial Protection Bureau and the Department of Housing and Urban Development promulgated a rule defining the term “lot” to require the “exclusive [...]
WDNY — Medical Malpractice: Perez v. County of Monroe
By Daily Record Staff
POSTED: May 23, 2013
Tags: medical malpractice, U.S. District Court, WDNY
U.S. District Court, WDNY Medical Malpractice Prisoner Disagreement with Treatment Perez v. County of Monroe 10-cv-6216L Judge Larimer Background: The pro se plaintiff filed a Section 1983 action, alleging claims arising out of events that occurred while he was confined at the Monroe County Jail. The defendants moved for summary judgment and the plaintiff did [...]
Court of Appeals — Simultaneous Representation: People v. Tyrone Prescott
By Daily Record Staff
POSTED: May 23, 2013
Tags: New York State Court of Appeals, simultaneous representation
New York State Court of Appeals Simultaneous Representation Appellate Counsel People v. Tyrone Prescott No. 80 Memorandum Background: The defendant alleged he was denied effective assistance of counsel due to an unwaived actual conflict of interest occasioned by his appellate counsel’s representation of defendant’s co-defendant at a prior sentencing hearing. The appellate division found that [...]
Fourth Department — Labor Law: Smith v. Nestle Purina Petcare Company
By Daily Record Staff
POSTED: May 23, 2013
Tags: Appellate Division, Fourth Department, Labor Law
Appellate Division, Fourth Department Labor Law Indemnification — Dangerous Conditions Smith v. Nestle Purina Petcare Company CA 12-01554 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced a Labor Law and negligence action against the defendant-third-party plaintiff company seeking damages for injuries he sustained when he slipped and fell while working on a construction [...]
Fourth Department — Tort Liability: Spaulding v. Loomis Masonry Inc., et al.
By Daily Record Staff
POSTED: May 23, 2013
Tags: Appellate Division, Fourth Department, tort liability
Appellate Division, Fourth Department Tort Liability Contractual Obligations — Third Party Spaulding v. Loomis Masonry Inc., et al. CA 12-01395 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action for injuries he sustained when he fell from a large plastic barrel on which he was standing while performing work for his employer. [...]
Fourth Department — Ineffective Assistance of Counsel: People v. Jackson
By Daily Record Staff
POSTED: May 23, 2013
Tags: Appellate Division, Fourth Department, Ineffective Assistance of Counsel
Appellate Division, Fourth Department Ineffective Assistance of Counsel Trial Error People v. Jackson KA 11-00929 Appealed from Ontario County Court Background: The defendant appealed his conviction of third-degree possession of a controlled substance. The defendant contended that he was denied effective assistance of counsel; however, the Appellate Court held that he failed to demonstrate that [...]
Second Circuit — Telecommunications Act: Southern New England Telephone Company v. Comcast
By Daily Record Staff
POSTED: May 22, 2013
Tags: Telecommunications Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Telecommunications Act FCC Comments — Pre-emption Southern New England Telephone Company v. Comcast 11-2332-cv Judges Pooler, B.D. Parker and Wesley Background: At issue was whether a former telecommunications monopolist was required to provide a connection service known as transit traffic service at negotiated rates or at lower [...]
Court of Appeals — Superior Court Information: People v. Milton
By Daily Record Staff
POSTED: May 22, 2013
Tags: New York State Court of Appeals, Superior Court Information
New York State Court of Appeals Superior Court Information Jurisdictionally Defective — Victim’s Names People v. Milton No. 75 Judge Lippman Background: At issue was whether a superior court information is jurisdictionally defective where it names victims not identified in the felony complaint. The Appellate Division had held that it was jurisdictionally defective because it [...]
Fourth Department — Substitute Service: Safadjou v. Mohammadi
By Daily Record Staff
POSTED: May 22, 2013
Tags: Appellate Division, Fourth Department, Substitute Service
Appellate Division, Fourth Department Substitute Service Impractical — Foreign Country Safadjou v. Mohammadi CA 12-00271 Appealed from Supreme Court, Monroe County Background: The defendant appealed from an order permitting the plaintiff to serve her via email to commence the party’s divorce. The defendant had left the U.S. with the parties’ child to live with her parents [...]
Second Circuit — Confrontation: United States v. James and Mallay
By Daily Record Staff
POSTED: May 22, 2013
Tags: Confrontation, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Confrontation Toxicology Reports — Autopsy Reports United States v. James and Mallay 09-2732-cr Judges Sack, Raggi and Eaton Background: The defendants appealed from their convictions of murder, mail fraud and murder in the aid of racketeering. Life sentences were imposed. The defendants argued that an autopsy report [...]
Fourth Department — Four-Vehicle Collision: Schmitt v. Guenther, et al.
By Daily Record Staff
POSTED: May 22, 2013
Tags: Appellate Division, Four-Vehicle Collision, Fourth Department
Appellate Division, Fourth Department Four-Vehicle Collision Chain of Causation — Complete Stop Schmitt v. Guenther, et al. CA 12-01630 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a personal injury action after being involved in a four-vehicle-rear-end collision. The plaintiff was rear-ended by one of the defendants. As a result of this, she [...]
