Voluntary Plea: People v. Bridge 
By Daily Record Staff
POSTED: March 10, 2010
Tags: Appellate Division, medications, Third Department, voluntary plea
Appellate Division, Third Department
Voluntary Plea
Medications
People v. Bridge
102399
Appealed from County Court, Tioga County
Background: The defendant appeals from a judgment convicting him upon his plea of guilty of the crime of burglary in the second degree. In October 2007, the defendant entered a residence in Tioga County and took several guns, among other things. He subsequently was [...]
Unemployment Compensation: Matter of Hawkins v. Commissioner of Labor
By Daily Record Staff
POSTED: March 10, 2010
Tags: Appellate Division, Third Department, Unemployment compensation, voluntary leave
Appellate Division, Third Department
Unemployment Compensation
Voluntary Leave
Matter of Hawkins v. Commissioner of Labor
507699
Appealed from the Unemployment Insurance Appeal Board
Background: The unemployment compensation claimant appeals from a decision of the board to adhere to its prior decision ruling that the claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. [...]
Confidentiality Stipulation: Johnson v. Hable
By Daily Record Staff
POSTED: March 10, 2010
Tags: confidentiality stipulation, U.S. District Court Western District of New York
U.S. District Court, Western District of New York
Confidentiality Stipulation
Johnson v. Hable
05-CV-451
Judge McCarthy
Background: Before the court is the plaintiff’s motion for relief from the parties’ confidentiality stipulation. The plaintiff, an inmate, commenced the action pro se against the defendants, employees of the state Department of Correctional Services, alleging he was subjected to excessive force on Nov. [...]
Constitutional Torts: Redd v. Wright
By Daily Record Staff
POSTED: March 10, 2010
Tags: U.S. District Court Western District of New York
U.S. District Court, Western District of New York
Constitutional Torts
Prisoners — Contagious Diseases
Redd v. Wright
06-4315-pr
Judge Arcara
Background: The appeal is from the summary judgment dismissal of the plaintiff-appellant’s claims against employees of the state Department of Corrections, alleging violations of the First, Eighth and 14th Amendments as well as the Religious Land Use and Institutionalized Persons Act [...]
Securities: In Re Omnicom Group Inc. Securities Litigation
By Daily Record Staff
POSTED: March 10, 2010
Tags: Second Circuit, securities, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Securities
In Re Omnicom Group Inc. Securities Litigation
08-0612-cv
Appealed from the Southern District of New York
Background: The appeal is from a district court judgment granting the defendants’ motion for summary judgment. The district court held that the defendants were entitled to summary judgment on the plaintiffs’ claims under Section 10(b) of the [...]
Unemployment Compensation: Matter of Harris v. Commissioner of Labor
By Daily Record Staff
POSTED: March 9, 2010
Tags: Appellate Division, Third Department, Unemployment compensation
Appellate Division, Third Department
Unemployment Compensation
Job Duties — Voluntary Resignation
Matter of Harris v. Commissioner of Labor
507999
Appealed from the Unemployment Insurance Appeal Board
Background: The claimant appeals from a decision holding that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. The claimant worked at a nursing home for about [...]
Labor Law: Kratzert v. White Lodging Services Inc.
By Daily Record Staff
POSTED: March 9, 2010
Tags: Labor Law, private right of action, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York
Labor Law
Private Right of Action
Kratzert v. White Lodging Services Inc.
09-CV-597
Judge Mordue
Background: The defendant moves to dismiss a diversity action on the ground that section 206-c of the New York Labor Law does not create a private right of action. Section 206-c does not expressly authorize a private right [...]
Debt Collection Practices: Gorham-Dimaggio v. Countrywide Home Loans Inc.
By Daily Record Staff
POSTED: March 9, 2010
Tags: Debt Collection practices, RESPA, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York
Debt Collection Practices
RESPA
Gorham-Dimaggio v. Countrywide Home Loans Inc.
08-CV-19
Judge Kahn
Background: Before the court are a motion for summary judgment filed by plaintiff Kim Gorham-DiMaggio and a cross-motion for summary judgment filed by the defendants. On June 13, 2003, the plaintiff obtained a mortgage loan on her home from the [...]
Social Security: Sessions v. Astrue
By Daily Record Staff
POSTED: March 9, 2010
Tags: Social Security, U.S. District Court Western District of New York
U.S. District Court, Western District of New York
Social Security
Sessions v. Astrue
08-CV-724
Judge Arcara
Background: Plaintiff Jimmy L. Sessions commenced the instant action seeking review of the final determination of the defendant Michael J. Astrue, commissioner of Social Security, disallowing the plaintiff’s claim for Supplemental Security Income benefits under the Social Security Act. The defendant moved for judgment [...]
Fourth Amendment: U.S. v. Navas
By Daily Record Staff
POSTED: March 9, 2010
Tags: Fourth Amendment, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Fourth Amendment
Trailers — Automobile Exception
U.S. v. Navas
09-1144-cr
Appealed from the Southern District of New York
Background: The appeal concerns a trailer, unhitched from its cab and parked in a warehouse. The district court held that a warrantless search of the trailer ran afoul of the Fourth Amendment. On appeal, the defendants likened [...]
