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Supreme Court, Monroe County – Divorce: G.C. v. G.C.

By Daily Record Staff
POSTED: May 1, 2012
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Supreme Court, Monroe County  Divorce Amended Complaint G.C. v. G.C. 09/13452 Justice Dollinger   Background: The plaintiff brought a divorce action alleging that his wife had engaged in cruel and inhuman treatment. After the commencement of the divorce action, the wife moved to Ohio and made it clear that she would contest the grounds for [...]

Family Court, Monroe County — PINS: Matter of Bianca S.

By Daily Record Staff
POSTED: April 15, 2012
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Family Court, Monroe County PINS Placement Order — Violation Matter of Bianca S. S-14719/12C Judge Kohout Background: The Department of Human Services filed a petition alleging that the respondent had violated the terms of an order placing her with DHS as a person in need of supervision. The petition had also requested an extension of [...]

Monroe County Court — Defendant Identification: People v. Hurst

By Daily Record Staff
POSTED: March 12, 2012
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Monroe County Court Defendant Identification Line-Up — Best Practices People v. Hurst 2011-0835 Justice Nesser Background: The defendant was arraigned on an indictment charging him with two counts of attempt to commit robbery in the first degree and two counts of criminal possession of a weapon in the second degree. The people requested that the defendant [...]

Supreme Court, Monroe County — Ineffective Assistance of Counsel: People v. McNeil (access required)

By Daily Record Staff
POSTED: February 24, 2012
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Supreme Court, Monroe County Ineffective Assistance of Counsel Alibi Defense People v. McNeil 05-0965 Justice Affronti Background: Following a jury trial, the defendant was found guilty of two counts of assault and criminal possession of a weapon. The defendant sought an order vacating the judgment of conviction on the grounds the he was denied effective assistance [...]

Supreme Court, Monroe County — Expert Witness: People v. Norstrand

By Daily Record Staff
POSTED: February 13, 2012
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Supreme Court, Monroe County Expert Witness Eyewitness Identification People v. Norstrand 2011-0262 Justice Valentino Background: The defendant was charged with leaving the scene of an accident that resulted in a death, as well as falsely reporting the incident in connection with a hit and run fatality by reporting that his car was stolen. The defendant [...]

Supreme Court, Monroe County — Prejudgment Interest: Lehning v. Lehning

By Daily Record Staff
POSTED: January 24, 2012
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Supreme Court, Monroe County Prejudgment Interest Maintenance Awards Lehning v. Lehning 2008/17596 Justice Dollinger Background: Both parties had brought motions regarding a consent order requiring the husband to pay maintenance. The maintenance order was dated 2009 and the husband owed more than $26,000 in unpaid maintenance for failure to pay for 18 months. The court [...]

Supreme Court, Monroe County — Zoning: 846 LPR LLC and Bryant & Stratton College Inc v. Town Board of the Town of Greece

By Daily Record Staff
POSTED: January 24, 2012
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Supreme Court, Monroe County Zoning Health and Safety — Increased Traffic, Lighting and Noise 846 LPR LLC and Bryant & Stratton College Inc v. Town Board of the Town of Greece 11/11393 Justice Polito Background: The petitioner brought an Article 78 seeking to annul the determination of the respondent that denied a special use permit [...]

Supreme Court, Monroe County — Temporary Maintenance: Salai v. Salai

By Daily Record Staff
POSTED: November 16, 2011
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Supreme Court, Monroe County Temporary Maintenance Calculations — Unjust Award Salai v. Salai 2011/00041 Justice Fisher Background: The plaintiff wife moved for a temporary spousal maintenance. The plaintiff’s ex-husband is an attorney and did not object to the payment of maintenance, only that the amount requested exceeds her needs. The plaintiff’s request of $9,571.22 per month [...]

Electronic Discovery: Dartnell Enterprises Inc. v. Hewlett Packard Company

By Daily Record Staff
POSTED: September 30, 2011
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Supreme Court, Monroe County Electronic Discovery Compelling Metadata Dartnell Enterprises Inc. v. Hewlett Packard Company 2006/02709 Judge Stander Background: The plaintiff commenced the action against the defendant alleging bad faith and tortuous interference with prospective business relations with third parties. The plaintiff requested documents from the defendant related to certain communications. The defendant produced the information [...]

Annulment: Lazar v. Lazar

By Daily Record Staff
POSTED: September 30, 2011
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Supreme Court, Erie County Annulment Fraud Lazar v. Lazar 2009/901303 Judge NeMoyer Background: The parties were married in 1998 and had two children. The plaintiff wife filed for divorce in 2009 and the defendant counterclaimed for an annulment of the marriage based on fraud, including a demand of an award of compensatory and punitive damages [...]

Defamation: Varrenti v. Gannett Co. Inc. (access required)

By Daily Record Staff
POSTED: August 29, 2011
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New York State Supreme Court, Monroe County Defamation Internet Comments Varrenti v. Gannett Co. Inc. 2011/3613 Judge Barry Background: The plaintiff sought an order to enjoin the defendant from continuing to post a number of defamatory statements in the Democrat & Chronicle. In addition, the plaintiff requested an order directing the defendant to provide identifying [...]

Persistent Felony Offender: People v. Prindle (access required)

By Daily Record Staff
POSTED: August 9, 2011
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New York State Supreme Court, Monroe County Persistent Felony Offender People v. Prindle 2011-0236 Justice Valentino Background: After a successful appeal that reduced the defendant’s depraved indifference murder conviction to manslaughter in the second degree, the people moved to have the defendant sentenced as a persistent felony offender. Ruling: The court held that the defendant [...]

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