Second Circuit — Sentencing: United States v. Rood
By Daily Record Staff
POSTED: May 22, 2012
Tags: sentencing, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Sentencing Life Imprisonment — Sufficient Proof United States v. Rood 11-2174-cr Judges Calabresi, Cabranes and Chin Background: The defendant pled guilty to three counts of producing child pornography for the purpose of distribution. The indictment to which the defendant pleaded guilty included an allegation in state court [...]
WDNY — Probable Cause: Yevstifeev v. Steve, et al. 
By Daily Record Staff
POSTED: May 22, 2012
Tags: probable cause, U.S. District Court, WDNY
U.S. District Court, WDNY Probable Cause False Arrest — Obstruction Yevstifeev v. Steve, et al. 08-cv-6476L Judge Larimer Background: The plaintiff and his wife brought an action, pro se, against the town of Brighton Police Department and its police chief alleging that the defendants unlawfully arrested and tried the plaintiff for driving while intoxicated. Upon [...]
Court of Appeals — Workers’ Compensation: Schmidt v. Falls Dodge Inc., et al.
By Daily Record Staff
POSTED: May 22, 2012
Tags: New York State Court of Appeals, Workers compensation
New York State Court of Appeals Workers’ Compensation Weekly Cap — Schedule Awards Schmidt v. Falls Dodge Inc., et al. No. 76 Judge Smith Background: The plaintiff worked as a collision shop technician, repairing automobiles. He suffered several injuries on the job on separate occasions. The plaintiff began receiving the maximum amount of workers’ compensation benefits [...]
Fourth Department — Custody Agreement: Mathewson v. Sessler
By Daily Record Staff
POSTED: May 22, 2012
Tags: Appellate Division, Custody Agreement, Fourth Department
Appellate Division, Fourth Department Custody Agreement Modification Mathewson v. Sessler CAF 11-01896 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that granted the petitioner father’s petition that modified a prior order and awarded joint custody. The parties had originally entered into a stipulation whereby the mother would have sole [...]
Advisory Committee on Judicial Ethics — Surrogate Court: Opinion 11-43
By Daily Record Staff
POSTED: May 22, 2012
Tags: NYS Advisory Committee on Judicial Ethics, Surrogate Court
NYS Advisory Committee on Judicial Ethics Surrogate Court Spouse’s Law Firm Opinion 11-43 Background: A recently elected surrogate whose spouse is a partner in a law firm that frequently appears in the Surrogate’s Court asked about disqualification when an attorney from the spouse’s law firm appears. The judge also asked about the appointment of fiduciaries. [...]
Advisory Committee on Judicial Ethics — Disqualification: Opinion 10-151
By Daily Record Staff
POSTED: May 21, 2012
Tags: NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Disqualification Tax Certiorari Opinion 10-151 Background: A judge asked whether he must disqualify himself in a pending tax certiorari proceeding as he resided in the defendant’s school district. Defense counsel asked the judge to transfer the case as the school district will be liable for tax refunds if the [...]
Fourth Department — Custody: Mason-Crimi v. Crimi
By Daily Record Staff
POSTED: May 21, 2012
Tags: Appellate Division, custody, Fourth Department
Appellate Division, Fourth Department Custody Modification — Violation of Custody Provision Mason-Crimi v. Crimi CAF 10-01947 Appealed from Family Court, Erie County Background: The petitioner mother sought to modify a prior order of custody by awarding her sole custody of the parties’ child. The mother alleged that the father violated the prior order by interfering [...]
Court of Appeals — Contractor/subcontractor Relationship: Ovadia, et al. v. Office of the Industrial Board of Appeals, et al.
By Daily Record Staff
POSTED: May 21, 2012
Tags: Contractor/subcontractor Relationship, New York State Court of Appeals
New York State Court of Appeals Contractor/subcontractor Relationship Joint Employers Ovadia, et al. v. Office of the Industrial Board of Appeals, et al. No. 72 Judge Graffeo Background: A general contractor was hired for the construction of two multi-family homes. The general contractor hired a subcontractor to do the masonry. The subcontractor’s foreman underpaid the masonry [...]
Second Circuit — Plain Error: United States v. Wagner-Dano
By Daily Record Staff
POSTED: May 21, 2012
Tags: Plain Error, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Plain Error Sentencing Guidelines United States v. Wagner-Dano 10-4593-cr Judges Winter, Livingston and Rakoff Background: The defendant appealed from an order convicting her of wire fraud and sentenced to 78 months imprisonment. The defendant argued that her sentence was unreasonable and procedurally defective. Specifically, she argued that [...]
Advisory Committee on Judicial Ethics — Raising Money: Opinion 11-28
By Daily Record Staff
POSTED: May 21, 2012
Tags: NYS Advisory Committee on Judicial Ethics, Raising Money
NYS Advisory Committee on Judicial Ethics Raising Money Artwork for Courthouse Opinion 11-28 Background: The inquiring judge asked whether it was ethically permissible to apply to a local charitable foundation for a grant or to accept the offer of a local attorney to “explore steps to raise money” for the purpose of preserving and displaying [...]
Fourth Department — Relocation of Child: Holtz v. Weaver
By Daily Record Staff
POSTED: May 21, 2012
Tags: Appellate Division, Fourth Department, Relocation of Child
Appellate Division, Fourth Department Relocation of Child Tropea Factors Holtz v. Weaver CAF 11-01394 Appealed from Family Court, Cattaraugus County Background: The respondent-petitioner mother appealed from an order that denied her cross petition seeking to modify the custody and visitation provisions of the judgment of divorce by granting permission for the parties’ child to [...]
Court of Appeals — Workers’ Compensation: Zamora v. New York Neurologic Associates, et al.
By Daily Record Staff
POSTED: May 21, 2012
Tags: New York State Court of Appeals, Workers compensation
New York State Court of Appeals Workers’ Compensation Withdrawal of Employment — Loss of Wages Zamora v. New York Neurologic Associates, et al. No. 55 Judge Pigott Background: The claimant was working for the defendant when a computer monitor fell off a shelf and struck her upper back, causing significant injuries. A few months after the accident, she [...]
