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Recent Articles from Denise M. Champagne
Understanding science, law of head trauma
Increasing interest in concussions is not just happening in sports, but highlights many legal concerns as well, which will be addressed in a new program Nov. 11 at The Rubin Center for Education. State Supreme Court Justice Richard A. Dollinger will present “Concussion: The Science & Law of Brain Injuries and Their Consequences to Sports,” […]
Former plant owner’s estate liable for site cleanup
The estate of a former plant owner will have to pay its current owners for any costs incurred so far and in the future to clean up an adjacent old Erie Canal site that is contaminated, unless the state relieves the company of liability. The Court of Appeals on Tuesday ruled Remet Corp. of Utica […]
Baby-killing mother seeks to overturn conviction
A mother convicted of killing her infant daughter in 2001 by setting fire to their residence is trying to get her conviction overturned. Racheal Casey, 38, is represented on appeal by attorney Keir M. Weyble, a professor at Cornell Law School, who Wednesday told a panel of the Appellate Division, Fourth Department that Casey’s defense […]
Fracking case comes down to standing
Clarification is being sought from the state Court of Appeals on a rule requiring injury to someone in a case involving land issues be different from the general public at large. The Sierra Club, other environmental groups and village of Painted Post residents are trying to stop the village from selling 1 million gallons of […]
Modica & Associates marks 20th anniversary
Rochester attorney Steven V. Modica likes to tell people he was probably the most reluctant solo practitioner. “It wasn’t something I set out to do,” he said. That was 20 years ago, though, and Modica & Associates, Attorneys PLLC has grown from Modica and two support people to a staff of nine, with four attorneys, […]
Threatened inmate denied sex offender risk reduction
The sex offender risk level of a Niagara Falls man will not be lowered because he felt he was unable to attend a hearing on the matter for fear of being beaten by corrections officers at the Attica Correctional Facility. The state Court of Appeals on Thursday unanimously affirmed the assessment of James R. Poleun, […]
Patients exposed to shared injections denied class action
Class action status is being rejected for more than 1,900 Olean General Hospital patients who were notified in January 2013 the insulin injection pens used on them may have also been used on other patients. No one, according to the decision, has tested positive for a blood-borne disease. The Appellate Division, Fourth Department on Friday […]
Waterloo justice sentenced in fake toilet attack
A former village justice in Seneca County was sentenced Tuesday to six months in the county jail for lying about being attacked with a toilet tank lid in August 2013, which resulted in convictions for insurance fraud and defrauding the government. Seneca County District Attorney Barry L. Porsch said restitution of $41,477 was paid at […]
Murder conviction stands in Buffalo bus driver’s killing
A second-degree murder charge will stand against a Buffalo man convicted on circumstantial evidence of firing the shot that killed another man sitting on his porch, waiting for a ride to work. The Appellate Division, Fourth Department on Friday unanimously rejected the claims of Joshua Mitchell, 28, and affirmed his conviction for the Feb. 1, […]
Syracuse attorney disbarred, others disciplined
An order of disbarment has been entered in the Appellate Division, Fourth Department against Syracuse attorney Wayne I. Ohl for violating a suspension order. Ohl was suspended by the court in April 2013 for two years for professional misconduct that included misappropriating client funds, failing to make and keep required financial records concerning transactions involving […]
Monroe County man’s resisting arrest charge dismissed
A resisting arrest conviction has been dismissed against a Monroe County man initially charged with disorderly conduct for standing on a Rochester street corner. The Appellate Division, Fourth Department agreed with John C. Howard that a jury’s verdict was against the weight of the evidence. The panel dismissed the indictment and sent the case back […]
Robbery conviction tossed, murder counts stand
An underlying robbery charge, used to convict a Buffalo man of murder, has been thrown out by the Appellate Division, Fourth Department. Now Brandon Harper’s lawyer is going to try to get two murder convictions dismissed because they are based on being committed during an attempted robbery. Rochester attorney David M. Abbatoy also plans to […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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