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New York State Supreme Court, Appellate Division, Fourth Judicial Department Use variance Businesses in dwelling unit – Impact on community McFadden v. Town of Westmoreland Zoning Board CA 18-01753 Appealed from Supreme Court, Oneida County Background: The petitioners commenced an ...
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Fourth Department – No-fault violations: Medical Care of Western New York v. Allstate Insurance Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department No-fault violations Sufficiency of complaint – Negligent supervision – Contract coverage Medical Care of Western New York v. Allstate Insurance Co. CA 18-01209 Appealed from Supreme Court, Erie County Background: ...
Read More »NYS Advisory Committee on Judicial Ethics – Candidate for judicial office: Opinion 19-76
New York State Advisory Committee on Judicial Ethics Candidate for judicial office County party leader as attorney Opinion 19-76 Background: The inquiring judge is an announced candidate for elective judicial office and currently seeks a political party’s nomination. The party’s ...
Read More »Court of Appeals – Appellate jurisdiction: People v. Allende
New York State Court of Appeals Appellate jurisdiction Appellate Division reversal – Unpreserved issue People v. Allende SSD 44 Memorandum Background: At issue is an Appellate Division reversal based on an unpreserved error. The Appellate Division vacated a robbery count ...
Read More »Second Circuit – Freedom of Information Act: The New York Times Co. and Charlie Savage v. U.S. Dept. of Justice
United States Court of Appeals for the Second Circuit Freedom of Information Act Work product – Adoption of memoranda – Waiver and public statements The New York Times Co. and Charlie Savage v. U.S. Dept. of Justice 17-2066-cv Judges Jacobs, ...
Read More »Fourth Department – Property tax lien: Liebel v. City of Rochester
New York State Supreme Court, Appellate Division, Fourth Judicial Department Property tax lien Auction – Irregularities with sale Liebel v. City of Rochester CA 18-01405 Appealed from Supreme Court, Monroe County Background: Following the petitioner’s failure to pay taxes on ...
Read More »Second Circuit – Americans with Disabilities Act: Kelleher v. Fred A. Cook Inc.
United States Court of Appeals for the Second Circuit Americans with Disabilities Act Associational discrimination – Sufficiency of complaint Kelleher v. Fred A. Cook Inc. 18-2385 Judges Jacobs, Leval, and Furman Background: The plaintiff appealed from the dismissal of his ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Kowal
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Drug abuse – Acceptance of responsibility People v. Kowal KA 18-01799 Appealed from Cayuga County Court Background: The defendant appealed from an order determining that he ...
Read More »Fourth Department – Workers Compensation: Kelsey v. Hourigan
New York State Supreme Court, Appellate Division, Fourth Judicial Department Workers Compensation Sole remedy – Business partnership Kelsey v. Hourigan CA 18-01742 Appealed from Supreme Court, Onondaga County Background: The plaintiff was injured when a cow fell on him at ...
Read More »Court of Appeals – Brady violation: People v. He
New York State Court of Appeals Brady violation Access to witnesses – Contact information People v. He No. 75 Memorandum Background: At issue on appeal, is whether the people failed to fulfill their broad obligation of disclosure under Brady v. ...
Read More »Fourth Department – Collective bargaining agreement: Arbitration between Jefferson County and Jefferson County Local
New York State Supreme Court, Appellate Division, Fourth Judicial Department Collective bargaining agreement Grievance – Arbitration Arbitration between Jefferson County and Jefferson County Local CA 19-00098 Appealed from Supreme Court, Jefferson County Background: The petitioner appealed from an order that ...
Read More »Fourth Department – Court of Claims Act: Jeanty v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Act False imprisonment – Article 8-b – Rosario and Brady violations Jeanty v. State of New York CA 18-01718 Appealed from Court of Claims Background: The claimant ...
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