NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child Custody Subject matter jurisdiction – Emergency jurisdiction Alger v. Jacobs CAF 16-02198 Appealed from Family Court Ontario County Background: The respondent father appealed from an order of protection, directing ...

New York State Bar Association Committee on Professional Ethics Referral fees Tax credit business – Consultant – Employee – Owner Ethics Opinion 1162 Background: The inquiring attorney is a patent attorney licensed in New York. He now seeks to start ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Plea deal – Court retains discretion People v. Balkum KA 15-01057 Appealed from Monroe County Court Background: The defendant appealed from his conviction of criminal possession of a weapon ...

New York State Bar Association Committee on Professional Ethics Affiliation with non-resident lawyer Unauthorized practice of law Ethics Opinion 1160 Background: The inquiring attorney was recently admitted to practice in New York and is acquainted with another lawyer. The attorney ...

New York State Bar Association Committee on Professional Ethics Confidential information Disclosure – Client consent – Disclosure of any personal, financial, or business interest Ethics Opinion 1161 Background: The inquiring attorney is a real estate transactional lawyer. The custom in ...

United States Court of Appeals for the Second Circuit Wrongful conviction Withholding exculpatory evidence – Liability of district attorney’s policies – Non-disclosure of financial benefit to state’s witness Bellamy v. City of New York 17-1859 Judges Walker, Jacobs, and Shea ...

New York State Bar Association Committee on Professional Ethics Conflict of interest Taxation authority – New employment – Changing the tax code Ethics Opinion 1158 Background: The inquiring attorney works for the Internal Revenue Service. He has worked on a ...

New York State Advisory Committee on Judicial Ethics Reporting attorney misconduct Actual knowledge – Discretionary Opinion 18-140 Background: The inquiring judge asks if he has any disciplinary obligations after learning a non-attorney may have improperly drafted legal memoranda for an ...

New York State Bar Association Committee on Professional Ethics Fee sharing Estate of deceased lawyer Ethics Opinion 1159 Background: The inquiring attorney was an associate in a firm wholly owned by the firm’s senior lawyer. The firm represented plaintiffs on ...

New York State Advisory Committee on Judicial Ethics Character reference Long-time friend – Federal crime Opinion 18-135 Background: The inquiring judge asks whether it is ethically permissible to submit a character reference letter on behalf of a long-time friend who ...

New York State Advisory Committee on Judicial Ethics Participation in out-of-state conference Reimbursement of expenses Opinion 18-127 Background: The inquiring judge asks whether he, as a full-time judge, may attend and participate in an out-of-state conference of tribal judges in ...

United States Court of Appeals for the Second Circuit Child pornography Interstate commerce – Production of pornography – Search warrant – Good faith exception United States v. Donald Ray Boles 17-1138-cr Judges Wesley, Chin, and Carney Background: The defendant appealed ...