Recent Articles from Kristy O'Malley
COA upholds tougher sentence
ALBANY — New York’s highest court has upheld the maximum prison sentence for a man who rejected a plea bargain of a decade on probation if he admitted raping a neighbor’s child. The Court of Appeals agrees with Antonio Martinez that judges shouldn’t be vindictive to defendants who exercise their right to trial, but concludes […]
High court seems split in dispute over false Internet data
WASHINGTON — The U.S. Supreme Court seems split along ideological lines as it considers whether websites that collect and sell personal data can be sued for posting false information if the errors don’t cause any specific harm. The justices heard arguments Monday in a case involving Thomas Robins, a Virginia resident who noticed that an […]
Indoor air quality matters, too
We spend approximately 90 percent of our time indoors, but we don’t completely understand indoor potential hazards. It pays to pay attention to indoor air quality. According to the Bureau of Labor Statistics, the first costs of construction account for only 2 percent of the 30-year total building costs for commercial office buildings. Operations and […]
WDNY – Social Security Disability: Perkins v. Commissioner of Social Security
U.S. District Court, WDNY Social Security Disability Disabled – Work Capacity Perkins v. Commissioner of Social Security 14-cv-6400L Judge Larimer Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security Act. Ruling: The District Court affirmed. The court found that a 54-year old woman with […]
Legal Loop: How to choose software for your small law firm
I am often asked to speak to lawyers about mobile and cloud computing and when I do, members of the audience tend to have lots of questions. That was certainly the case last week when I spoke to a group of lawyers in Buffalo. At one point one of the attendees asked a question that […]
Fourth Department – Matter of Town of Scriba
Appellate Division, Fourth Department Arbitration Authority Specificity of Limitation Matter of Town of Scriba CA 14-01996 Appealed from Supreme Court, Oswego County Background: The respondent-petitioners appeal from an order granting the application of the petitioner-respondent to vacate an arbitration award. The arbitrator determined that although maintaining a commercial driver’s license was [...]
Civil Litigation: Asbestos litigation: Rejecting single exposure theory
A recent decision in New York County may significantly alter how asbestos cases are prosecuted and defended in New York. In a 40 page opinion in Juni v. A.O. Smith Water Products, et al. (Index No. 190315/12), Supreme Court Judge Barbara Jaffe held that an asbestos or other toxic tort plaintiff must quantify their exposure […]
Court Calendars for May 22, 2015
Supreme Court Special Term Friday, May 22, 2015 HON. RICHARD A. DOLLINGER 9:30 a.m. 1—Blokhuis v Blokhuis — Davidson Fink — Lisa A Sadinsky. 2—Palmer v Palmer — Stephen Jacobstein — Betsy L Album — Kimberly W Weisbeck. 3—Kettell v Kettell — Evans & Fox — Michael D Schmitt — Michael A Guarino. 4—Greene v […]
Court Calendars for March 6, 2015
Supreme Court Special Term Friday, March 6, 2015 HON. RICHARD A. DOLLINGER 9:30 a.m. 1—McElduff v McElduff — Barney & Affronti — Charles P Inclima. 2—Snyder v Snyder — Dentino Cammarata — Steven D Sessler. 3—Malone v Malone — Maureen A Pineau — Cimino Law — James E Walsh. 4—Polatas v Polatas — Mark Chauvin […]
Webster woman charged after hitting police car
Liliya Blekot, 21, of Webster, was charged Sunday night with driving while intoxicated after she struck a state police off Route 104. Trooper William Schneider, according to a release, was pulled off the north shoulder of the westbound lanes of Route 104, east of Bay Road, at 9:06 p.m. when his patrol car was struck […]
Governor waiting to pick judge for top court
ALBANY (AP) — Gov. Andrew Cuomo says he’s waiting until 14 days after the deadline in the law for nominating his next choice for the state’s highest court. In a radio interview Friday, Cuomo says he’s postponing so the state Senate won’t face a confirmation deadline that falls the day before the Nov. 4 election. […]
Court Calendars for September 16, 2014
City Court Monday, September 15, 2014 HON. CHARLES F. CRIMI JR. 9:30 a.m. Special Proceeding 1—City of Rochester v Bruce T. Henry — Robert J. Bergin — Santiago Burger Annechino LLP. 2—City of Rochester v Jason & Ann Butcher — Robert J. Bergin. HON. CAROLINE MORRISON 9:30 a.m. Motions 1—Tots U Childcare Campus Ltd. […]
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