NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Unjust conviction and imprisonment – Ineffective assistance of counsel Manes v. State of New York CA 20-00181 Appealed from Court of Claims Background: The claimant, as administrator ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance law Demutualization – Policyholder versus policy administrator Maple-Gate Anesthesiologists v. Nasrin CA 19-00612 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action against the defendants, its ...

United States Court of Appeals for the Second Circuit Immigration Asylum – Fear of persecution – Criminal gangs – Government’s unwillingness to protect Scarlett v. Barr 16-940 Judges Cabranes, Raggi, and Korman Background: The petitioner challenges the denial of his ...

New York State Court of Appeals Arbitration Scope of authority – Reconsideration of partial award American International Specialty Lines Ins. Co. v. Allied Capital Cor., et al. No. 23 Judge Stein Background: At issue on appeal is whether an arbitration ...

United States Court of Appeals for the Second Circuit First Step Act Guidelines range – Proper procedural vehicle United States v. Holloway 19-1035-cr Judges Parker, Livingston, and Nardini Background: The defendant appealed from the denial of his motion for a ...

Appellate Division of state Supreme Court, Forth Department Grand jury proceedings Notice – Reasonable time People v. Lostumbo KA 15-01848 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of sexual abuse, unlawful imprisonment, and intimidating ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a weapon Circumstantial evidence  – Sufficiency of the evidence People v. Magee KA 18-00713 Appealed from Erie County Court Background: The defendant appealed from a judgment convicting ...

New York State Court of Appeals Charging information Jurisdictional defect – Official misconduct – Intended benefit allegation People v. Middleton No. 24 Memorandum Background: The defendant was charged with one count of official misconduct. On appeal, the defendant argues that ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Testimony of prior incarceration – Hearsay – Prompt outcry People v. Healy KA 18-01413 Appealed from Supreme Court, Erie County Background: The defendant appealed from a ...

United States Court of Appeals for the Second Circuit Fair Labor Standards Act Unpaid internship – In-patient program Vaughn v. Phoenix House New York, et al. 19-517-cv Judges Kearse, Walker, and Cabranes Background: The plaintiff appealed from an order dismissing ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Hearsay Bystander statement to police People v. Harrington KA 16-00193 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of robbery. The conviction arose from ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child abuse Out-of-court statements – Corroboration – Recanting Matter of James L.H. CAF 19-00150 Appealed from Family Court, Oswego County Background: The respondent father and respondent stepmother appeal from an ...