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Recent Articles from Bennett Loudon
State courts moving to presumptive ADR
Preliminary plans were due earlier this month for implementing a program aimed at avoiding litigation and settling most civil cases outside court in the Seventh Judicial District. In her annual State of the Judiciary address in February, New York State Chief Judge Janet DiFiore announced plans to develop a system where parties would first try […]
Former housing chief wants charge dropped
George Moses, the former chairman of the Rochester Housing Authority, is asking a federal judge to drop one of the criminal charges he’s facing because it’s based on statements he made under an immunity agreement. Moses and former Rochester City Councilman Adam C. McFadden were charged in February with fraud and money laundering. Those carry […]
Sex offender challenges parole conditions
A registered sex offender who has been jailed since February for violating the conditions of his parole is challenging his continued detention on the grounds that the parole conditions are unreasonably vague and unconstitutional. Daniel Karlin, 47, was convicted in 1993 of sexually molesting several boys while working as a summer camp counselor in Yates […]
Federal suit against Monroe County dismissed
Charles Pierre is planning to appeal a federal judge’s decision to dismiss a lawsuit claiming Rochester and Monroe County officials violated the plaintiff’s civil rights by failing to disclose exculpatory evidence promptly in a murder case. In September, U.S. District Court Judge Charles J. Siragusa granted a motion from the city of Rochester, the Rochester Police […]
Tully Rinckey earns prestigious recognition in Ireland
After one year in the Irish legal market, Tully Rinckey PLLC has received Q9000 certification from the Institute of Legal Research & Standards. “Over in Ireland it is very prestigious, and it is something that law firms aspire to,” said Greg Rinckey, a founding partner of the Albany-based firm. “Since we were new to the […]
Employers preparing for equal pay law
Many companies are reviewing their employee pay policies in anticipation of New York state’s new equal pay law scheduled to take effect Oct. 8. “From my experience, there are very few employers who intentionally discriminate in their pay practices,” said Benjamin E. Mudrick, a partner at Harter Secrest & Emery LLP. “Employers want to treat […]
DWI charge dismissed in Webster
A Webster town justice has dismissed several charges, including driving while intoxicated, because the prosecutor failed to provide the defense with required documents within the required timeframe. The defendant, Brady P. Woods, was charged in November 2018 with DWI, leaving the scene of a property damage accident, and refusal to take the roadside breath test, […]
Murder case sent back to trial judge
A state Supreme Court justice must decide on an unresolved issue before an appellate court can reach a final decision on an appeal of a murder conviction. Terrol Massey, 30, was convicted in April 2007 in Buffalo of second-degree murder, second-degree conspiracy, and fourth-degree criminal possession of a weapon. He was sentenced to 20 years […]
Several claims dismissed in federal lawsuit
A large portion of a federal lawsuit accusing a Rochester police officer of police brutality has been dismissed. Vince Bradley Jr. claims that a Rochester Police officer beat him up in September 2017. Bradley claims that Sgt. Anthony Bongiovanni stopped his patrol car in front of Bradley’s Murray Street home and demanded that Bradley come […]
Barclay Damon associate knows Medicaid
It didn’t take Kelly Gusmano long to find her legal specialty. She has always worked in trusts and estates, mainly helping clients qualify for Medicaid insurance coverage. “I fell in love first year of law school with property law. It’s very formulaic to me,” said Gusmano, who joined Barclay Damon LLP as an associate in […]
Technology glitch leads to new trial
An appeals court has granted a new trial in a burglary case because part of the stenographic record was lost due to an electronic problem. Victor J. Grimes, 29, was convicted on Aug. 16, 2016, of second-degree burglary. He was sentenced to up to seven years in state prison by acting Genesee County Court Judge […]
Robbery plea vacated over speedy trial violation
An appellate court has vacated a guilty plea in a robbery and grand larceny case because the defendant received ineffective legal representation. The defendant, Ali Bloodworth, pleaded guilty in August 2015 to first-degree robbery and third-degree grand larceny before state Supreme Court Judge John J. Brunetti. Bloodworth’s appellate attorney, Linda M. Campbell, argued that Bloodworth […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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