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

Supreme Court, Monroe County — Not for Profit Law — Elections: Buholtz v. Rochester Philharmonic Orchestra Inc.

By Daily Record Staff
POSTED: April 16, 2013
Tags: elections, Monroe County, Not for Profit Law, Supreme Court

Supreme Court, Monroe County Not for Profit Law — Elections Write in Candidates — By-laws Buholtz v. Rochester Philharmonic Orchestra Inc. 2013/01909 Judge Fischer Background: The petitioner, a member of the Rochester Philharmonic Orchestra, commenced a proceeding pursuant to Section 618 of the Not for Profit Law seeking to overturn an election of directors at [...]

Court of Appeals — Depraved Indifference Murder: People v. Martinez

By Daily Record Staff
POSTED: January 8, 2013
Tags: depraved indifference murder, New York State Court of Appeals

New York State Court of Appeals Depraved Indifference Murder People v. Martinez No. 190 Memorandum Background: The defendant argued that the evidence was legally insufficient to establish his guilt of depraved indifference murder. Ruling: The Court of Appeals modified the Appellate Division’s order by vacating the defendant’s conviction, dismissing that count of the indictment and [...]

SUPREME COURT, MONROE COUNTY – Provisions Excluding Claims to Arbitration :Greece Central School District v. Custom Energy LLC

By Daily Record Staff
POSTED: July 2, 2012

SUPREME COURT, MONROE COUNTY Arbitration Provisions Excluding Claims to Arbitration Greece Central School District v. Custom Energy LLC 2012/4905 Justice Rosenbaum Background: The parties had entered into an energy management agreement by which energy conservation equipment would be purchased, installed and maintained by the respondent. The petitioner alleged that it was guaranteed annual savings as [...]

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

By Daily Record Staff
POSTED: May 1, 2012
Tags: divorce, Monroe County, Supreme Court

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
Tags: Family Court, Monroe County, PINS

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
Tags: Defendant Identification, Monroe County Court

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

By Daily Record Staff
POSTED: February 24, 2012
Tags: Alibi Defense, Ineffective Assistance of Counsel, Monroe County, Supreme Court

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
Tags: Expert Witness, Eye Witness Identification, Monroe County, Supreme Court

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
Tags: Maintenance Awards, Monroe County, Prejudgment Interest, Supreme Court

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
Tags: Health and Safety, Increased Traffic Lighting and Noise, Monroe County, Supreme Court, Zoning

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
Tags: Calculations, Monroe County, Supreme Court, Temporary Maintenance, Unjust Award

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 [...]