NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department SEQRA Standing – Environmental injury-in-fact Sheive v. Holley Volunteer Fire Company CA 18-00987 Appealed from Supreme Court, Orleans County Background: The petitioner-plaintiff commenced a hybrid Article 78 proceeding and declaratory ...

New York State Advisory Committee on Judicial Ethics Law clerk Former attorney clients – Appearance before judge Opinion 18-37 Background: The inquiring judge’s law clerk was previously a salaried law firm associate. When the law clerk previously worked as a ...

New York State Court of Appeals Hearsay Past recollection recorded – Sixth Amendment right to confrontation – Grand jury minutes People v. Tapia No. 19 Judge DiFiore Background: At issue on appeal is whether a portion of a testifying witness’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Mental illness – Hearsay statements – Hospital records Matter of Zackery S. CAF 17-01749 Appealed from Family Court, Monroe County Background: The respondent mother appealed from an order ...

New York State Court of Appeals Cooperation agreement Revocation of plea – Defendant’s understanding – Express terms of the agreement People v. Rodriguez No. 59 SSM 2 Memorandum Background: At issue on appeal is whether the County Court erred when ...

United States Court of Appeals for the Second Circuit Tax Court Jurisdiction – Refunds and credits Borenstein v. Commissioner of Internal Revenue 17-3900 Judges Jacobs, Pooler, and Wesley Background: The petitioner appealed from a judgment of the United States Tax ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Efforts to strengthen relationship between children and parents – Emotional harm to children Matter of Eden S. CAF 17-01028 Appealed from Family Court, Cayuga County Background: ...

New York State Court of Appeals Ineffective assistance of counsel Appellate counsel – Poorly written brief People v. Alvarez No. 13 Judge Stein Background: At issue on appeal is whether the Appellate Division properly denied the defendant’s petition for a ...

United States District Court for the Western District of New York Social Security disability benefits Consistent medical opinions – Improvement – Moderate disability Habschied v. Berryhill 17-cv-6217P Judge Payson Background: The plaintiff commenced an action seeking judicial review of final ...

United States Court of Appeals for the Second Circuit Insurance coverage Plain language of policy Valls v. Allstate Ins. Co. 17-3495-cv Judges Leval, Cabranes, and Parker Background: The appeal arose from a series of lawsuits filed by Connecticut homeowners whose ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Storm in progress doctrine – Preclusion – Question of fact Patricola v. General Motors Corp., et al. CA 18-01557 Appealed from Supreme Court, Erie County Background: The plaintiff ...

United States Court of Appeals for the Second Circuit Securities fraud Reasonable reliance – Merger clause FIH, LLC v. Foundation Capital Partners LLC 18-357-cv Judges Jacobs, Lynch, and Vilardo Background: The plaintiff appealed from the grant of summary judgment dismissing ...