Second Circuit — Res Judicata: Proctor v. LeClaire
By Daily Record Staff
POSTED: May 16, 2013
Tags: 'Res Judicata', u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Res Judicata Collateral Estoppel — Materially New Factual Allegations Proctor v. LeClaire 11-3312-pr Judges Kearse, Katzmann and Lohier Background: The plaintiff prisoner had been administratively confined in a Special Housing Unit subject to reviews every 60 days. He appealed from a judgment dismissing his complaint that argued [...]
WDNY — Non-Exertional Limitations: Crayton v. Astrue
By Daily Record Staff
POSTED: May 16, 2013
Tags: Non-exertional Limitations, U.S. District Court, WDNY
U.S. District Court, WDNY Non-Exertional Limitations Mental Impairments Crayton v. Astrue 11-cv-6617L Judge Larimer Background: The plaintiff appealed from the denial of her application for Supplemental Security Income benefits. The plaintiff alleged that she had an inability to work due to depression, arthritis, scoliosis, anxiety and asthma. The administrative law judge found the claimant not [...]
Court of Appeals — Vicious Propensity: Bloomer v. Shauger 
By Daily Record Staff
POSTED: May 16, 2013
Tags: New York State Court of Appeals, Vicious Propensity
New York State Court of Appeals Vicious Propensity Animal’s Normal Behavior Bloomer v. Shauger No. 79 Memorandum Background: The plaintiff’s hand was injured while holding the halter of the defendant’s horse when the horse jerked its head back. The plaintiff argued that she was entitled to recovery as the defendant knew of the animal’s vicious [...]
NYS Advisory Committee on Judicial Ethics — Attorney Friends: Opinion 12-85(B)
By Daily Record Staff
POSTED: May 16, 2013
Tags: NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Attorney Friends Law Firm Colleagues Opinion 12-85(B) Background: A judge inquired into his ethical obligations when law firm colleagues with whom he has a social relationship are involved in cases before him. Opinion: The committee concluded that disqualification or disclosure may be required when an attorney with whom he [...]
Fourth Department — Guardian Ad Litem: Matter of Manufacturers and Traders Trust Co.
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Guardian Ad Litem
Appellate Division, Fourth Department Guardian Ad Litem Attorney Fee Matter of Manufacturers and Traders Trust Co. CA 12-01798 Appealed from Surrogate’s Court, Monroe County Background: The appellant appealed from a decree that awarded compensation to the respondent guardian ad litem. The appellant had commenced the action for judicial settlement of the account after the death [...]
Fourth Department — Vehicle Accident: Marrow v. State of New York
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Vehicle Accident
Appellate Division, Fourth Department Vehicle Accident Shoulder of the Road — Driver Error Marrow v. State of New York CA 12-00974 Appealed from the Court of Claims Background: The claimant commenced a wrongful death action after her husband sustained fatal injuries when a vehicle struck the decedent’s motorcycle as the vehicle was entering the adjacent [...]
Fourth Department — Harsh and Excessive Sentence: People v. Winters
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Harsh and Excessive Sentence
Appellate Division, Fourth Department Harsh and Excessive Sentence Felony DWI People v. Winters KA 11-00932 Appealed from Erie County Court Background: The defendant was convicted of a class D felony, Driving While Intoxicated. The defendant claimed that his sentence of nine months incarceration and five years probation was unduly harsh and severe. The defendant was [...]
Fourth Department — Insufficient Evidence: People v. Jones
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, insufficient evidence
Appellate Division, Fourth Department Insufficient Evidence Ineffective Assistance of Counsel People v. Jones KA 10-02428 Appealed from Erie County Court Background: The defendant was convicted of first- and second-degree robbery. The defendant claimed that there was insufficient evidence to support the conviction and that the court erred in failing to rule on pretrial motions. The [...]
Fourth Department — Risk Assessment: People v. Shepard
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Risk Assessment
Appellate Division, Fourth Department Risk Assessment Due Process People v. Shepard KA 10-01389 Appealed from Monroe County Court Background: The defendant appealed an order finding him to be a level three risk pursuant to the Sex Offender Registration Act. The defendant claimed that county court violated his due process rights, ordering an upward departure from [...]
Fourth Department — Suppression of Evidence: People v. Fox
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Suppression of Evidence
Appellate Division, Fourth Department Suppression of Evidence Ineffective Assistance of Counsel People v. Fox KA 11-01597 Appealed from Ontario County Court Background: The defendant appealed from judgment convicting him of failing to register as a sex offender. The defendant claimed that his statement during the allocution concerning a potential suppression issue rendered the plea involuntary. [...]
Second Circuit — Immigration: Shabaj v. Holder
By Daily Record Staff
POSTED: May 15, 2013
Tags: immigration, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Immigration Appellate Review Shabaj v. Holder 12-703 Judges Kearse, Katzmann and Gleeson Background: The plaintiff appealed from an order dismissing its complaint for lack of jurisdiction. The plaintiff sought review of a discretionary decision from the U.S. Citizenship and Immigration Services denying his application for waiver of [...]
WDNY — Animal Owner Negligence: Hastings v. Sauve
By Daily Record Staff
POSTED: May 15, 2013
Tags: Animal Owner Negligence, U.S. District Court, WDNY
U.S. District Court, WDNY Animal Owner Negligence Farm Animal Hastings v. Sauve No. 78 Judge Smith Background: The plaintiff was injured when her vehicle hit a cow on a public road. The plaintiff brought an action against the cow’s owners and the property owner where the cow was kept. The claimant alleged that the fencing [...]
