NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Derivative neglect – Proximate in time to prior neglect finding Matter of Carmela H. CAF 16-02062 Appealed from Family Court, Onondaga County Background: The mother appealed from an ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Inmate litigation Making threats – Intent – Right to access the courts Gourdine v. Annucci TP 18-00230 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 ...

United States Court of Appeals for the Second Circuit Derivative action No financial stake in litigation – Substitution – Mootness – Dismissal Klein v. Cadian Capital Mgmt., LP 17-3218-cv Judges Pooler, Lohier, and Sullivan Background: The plaintiff commenced a derivative ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Municipal liability Notice – Prior verbal notice Hernandez v. City of Syracuse CA 18-00563 Appealed from Supreme Court, Onondaga County Background: The plaintiff broke her ankle when she tripped on ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support Downward modification – Termination of employment Fanizzi v. Delforte-Fanizzi CAF 18-00456 Appealed from Family Court, Monroe County Background: The respondent mother appealed from an order that denied her ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Discretion required – Prior plea agreement – Interim probation People v. Dupont KA 15-02001 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Juror challenge Implied bias – Prior medical treatment by witness People v. Farley KA 17-00071 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction upon a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Summary judgment – Serious injury – Abandonment Burns v. Kroening CA 18-00603 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action seeking damages for ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor Vehicle Accident Emergency situation – Gust of snow – Whiteout conditions Chwojdak v. Schunk CA 18-00570 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Evidence Recordings – Inaudible parts – Transcripts People v. Dalton KA 14-02219 Appealed from Onondaga County Court Background: The defendant appealed from his conviction, upon a jury verdict, of criminal ...

United States Court of Appeals for the Second Circuit Fair Labor Standards Act Double recovery – Employer-employee relationship – Shareholder Tapia v. Blch 3rd Ave LLC 17-2718 Judges Calabresi, Winter, and Livingston Background: In an action to recover under federal ...

New York State Advisory Committee on Judicial Ethics Fundraising Not-for-profit sports booster – Part-time judge Opinion 18-44(c) Background: The inquiring judge asks if he may, outside of collecting and soliciting funds, volunteer in some unspecified capacity with a local sports ...