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The new judicial ‘recusal’ law: A solution seeking a problem?
As any former member of the state Legislature will confess, bills get passed each year and signed into law that represent a perceived solution desperately seeking a widespread problem. The newly enacted law, often ill defined and lacking any adequate enforcement mechanism, gets tucked into existing case books and waits for the unwary to run […]
U.S. Courts weathering storms
Federal courts have greatly improved their response to natural disasters in the last decade, according to a new U.S. Courts video, released in observance of National Preparedness Month. The video, available under “judiciary news” at www.uscourts.gov, details lessons from four weather emergencies that shut down federal courthouses. Only a few courts in 2005 had plans to continue […]
Seneca County Court – Criminally Negligent Homicide: People v. Reeder
Seneca County Court – Criminally Negligent Homicide – Injecting Heroin into Victim People v. Reeder 14-131 Judge Bender Background: The defendant was indicted for one count of Criminally Negligent Homicide. The defendant moved for the court to review the grand jury minutes to either dismiss or reduce the counts of the indictment. It was alleged […]
Second Circuit — Retaliation: Royal Crown Day Care LLC v. Department of Health and Mental Hygiene
U.S. Court of Appeals for the Second Circuit Retaliation Qualified Immunity — Pretext Royal Crown Day Care LLC v. Department of Health and Mental Hygiene 12-459-cv Judges Pooler, Lynch and Droney Background: The plaintiffs commenced an action alleging that the defendants violated their First Amendment and substantive due process rights by closing down Royal Crown’s […]
Decision of Interest: DHS, Citizenship Services, Admin Appeals Office — Derivative Citizenship: Matter of Garcia
DHS, Citizenship Services, Admin Appeals Office Derivative Citizenship Custody Matter of Garcia Chief Judge Rosenberg Background: The applicant was initially denied citizenship because the applicant had failed to demonstrate that he was in his father’s legal custody. The Administrative Appeals Office originally found that the applicant’s parents’ Dominican divorce decree contained a notation[...]
Adverse Possession: Camardo v. City of Auburn, et al.
Supreme Court, Cayuga County Adverse Possession Actual & Exclusive Possession — Waste of Taxpayer Funds Camardo v. City of Auburn, et al. 2011-0072 Judge Valentino Background: The case arose out of an ownership dispute over a 1.9-foot strip of land over which a storage room was constructed and attached to the west wall of the […]
Class Actions: Douglas R. Bigelow Trust v. United States
United States Court of Federal Claims Class Actions Railroad-to-Trail Conversion —Taking of Property Douglas R. Bigelow Trust v. United States 09-460L Judge Allegra Background: Pending before the court is plaintiffs’ motion to certify this matter as a class action pursuant to RCFC 23. This case involves a railroad corridor or right-of-way that runs between milepost […]
Class Actions: Douglas R. Bigelow Trust v. United States
United States Court of Federal Claims Class Actions Railroad-to-Trail Conversion —Taking of Property Douglas R. Bigelow Trust v. United States 09-460L Judge Allegra Background: Pending before the court is plaintiffs’ motion to certify this matter as a class action pursuant to RCFC 23. This case involves a railroad corridor or right-of-way that runs between milepost […]
Federal judiciary feeling budget pain
The federal judiciary this week, citing the nation’s fiscal condition, asked a congressional subcommittee for its smallest funding increase on record. For fiscal 2012, the judiciary seeks $7.3 billion in appropriations ...
Speedy Trial Dismissal: People v. Tingue
County Court, Cattaraugus County Speedy Trial Dismissal Trial Readiness — Grand Jury Minutes People v. Tingue No. 10-72 Judge Himelein Background: On Dec. 14, 2009, informations were filed charging defendant with aggravated harassment in the second degree and two counts of disorderly conduct. The court, sitting as the Town of Yorkshire, issued an arrest warrant […]
Misdemeanor Complaints: People v. Sullivan
Webster Town Court Misdemeanor Complaints Sufficiency of Allegations People v. Sullivan 1003015 Judge DiSalvo Background: The defendant is charged with second-degree menacing, PL 120.14(1), and second-degree harassment, PL 240.26(2), a Class A misdemeanor and violation, respectively. The charges are not transactional in that they are alleged to have taken place on different dates and times. [&hell[...]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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