NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Easement Permanent easement – Predecessor in interest New York Land Development Corp v. Bennett CA 17-01266 Appealed from Supreme Court, Steuben County Background: The plaintiff commenced an action seeking a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Harassment Unindicted theory People v. Morales KA 15-01424 Appealed from Ontario County Court Background: The defendant appealed from a conviction of rape and harassment in the second degree. The charges ...

New York State Court of Appeals Civil rights Reasonable accommodation – Substantial evidence Marine Holdings LLC, et al. v. New York City Commission on Human Rights, et al. No. 45 Memorandum Background: In the underlying Article 78 proceeding, the petitioners ...

United States Court of Appeals for the Second Circuit Natural gas derivatives Commodities Exchange Act – Plausible injury Harry v. Total Gas & Power North America Inc. 17-1199-cv Judges Pooler, Wesley, and Hall Background: The defendants were sued for damages ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Search warrant Search of anal cavity – Articulated suspicion People v. McLaurin KA 15-01195 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Employment contract Liquidated damage – Reasonable anticipated probable harm Matthew v. Slocum-Dickson Medical Group CA 17-00409 Appealed from Supreme Court, Oneida County Background: The plaintiffs are physicians practicing as specialists ...

New York State Court of Appeals Buford inquiry Allegation of juror bias – Credibility determination People v. Kuzdal No. 48 Judge DiFiore Background: At issue is whether the trial court abused its discretion when it chose not to conduct an ...

United States Court of Appeals for the Second Circuit Securities fraud Misstatements – Agency United States v. Litvak 17-1464-cr Judges Winter, Chin, and Korman Background: The defendant appealed from his conviction of one count of securities fraud. He argues that ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Prior felony – Measurement of time period People v. Lott KA 16-02248 Appealed from Erie County Court Background: The defendant appealed from a determination that he ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Revocation of parole Unduly harsh sentence – Sentence to run concurrently People v. Lloyd KA 17-00839 Appealed from Niagara County Court Background: The defendant appealed from a judgment revoking the ...

United States Court of Appeals for the Second Circuit Sentencing Lifetime supervised release – Unreasonable United States v. Brooks 16-4063-cr Judges Parker, Lynch, and Chin Background: The defendant appealed from his sentencing of one year in prison followed by a ...

New York State Court of Appeals Possession of unlicensed firearm Place of business exception People v. Wallace No. 49 Judge Feinman Background: At issue on appeal is whether “the place of business” exception to Penal Law 265.03(3) applies to an ...