NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Freedom of Information Act Exemptions – CIA – Inadvertent disclosure The New York Times, et al. v. Central Intelligence Agency 18-2112 Judges Katzmann, Walker, and Park Background: The plaintiffs commenced a ...

New York State Advisory Committee on Judicial Ethics Judicial censure Disqualification – Undisputed facts Opinion 20-22 Background: The inquiring judge was involved in a disciplinary proceeding before the Commission on Judicial Conduct, as a result of a complaint filed by ...

United States Court of Appeals for the Second Circuit Sex offender registration Non-delegation doctrine – Administrative Procedure Act United States v. Mingo 18-2225-cr Judges Cabranes, Sack, and Lohier Background: The defendant appealed from a judgment of conviction for failure to ...

United States Court of Appeals for the Second Circuit Consumer class action Past purchaser – injunctive relief – Class certification Berni v. Barilla S.p.A., et al. v. Schulman 19-1921-cv Judges Kearse, Cabranes, and Sack Background: At issue is whether a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Civil Service Law Suspension without pay – Delay of hearing – Entitlement to back pay Carcone v. City of Utica CA 19-01248 Appealed from Supreme Court, Oneida County Background: The ...

United States Court of Appeals for the Second Circuit Foreign tribunal Compel discovery – Private international commercial arbitrations In re: Application and Petition of Hanwei Guo 19-781 Judges Livingston, Park, and Underhill Background: The petitioner-appellant invested a significant amount of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Preliminary injunction Likelihood of success – Trespass, harassment and Civil Rights Law § 52-a Cangemi v. Yeager CA 19-01224 Appealed from Supreme Court, Onondaga County Background: The parties have adjoining ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Nonparent – Modification of order – Extraordinary circumstances Byler v. Byler CAF 18-00680 Appealed from Family Court, Chautauqua County Background: The petitioner father filed petition seeking to modify ...

New York State Advisory Committee on Judicial Ethics Court clerk misconduct Report to court administrators Opinion 20-15 Background: The inquiring judge issued a default judgment in a matter after a litigant repeatedly failed to appear. The judge subsequently learned that ...

United States Court of Appeals for the Second Circuit Detention Release pending trial – Presumption favoring detention United States v. Mattis, Rahman 20-1713 Judges Newman, Hall, and Lynch Background: The government appealed from an order granting the defendants release pending ...

New York State Advisory Committee on Judicial Ethics Former law partner Unpaid fees – Employed by department of social services Opinion 20-07 Background: The inquiring judge dissolved a legal partnership that he held with another attorney more than two years ...

United States Court of Appeals for the Second Circuit Order of removal Judicial review – Limitations Ottey v. Barr 18-834(L) Judges Kearse, Walker, and Cabranes Background: The petitioner is a Jamaican citizens seeking review of orders that affirmed decisions that ...