NY Daily Record Since 1908

Supreme Court, Monroe County Not for Profit Law — Elections Write in Candidates — By-laws Buholtz v. Rochester Philharmonic Orchestra Inc. 2013/01909 Judge Fischer Background: The petitioner, a member of the Rochester Philharmonic Orchestra, commenced a proceeding pursuant to Section ...

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New York State Court of Appeals Depraved Indifference Murder People v. Martinez No. 190 Memorandum Background: The defendant argued that the evidence was legally insufficient to establish his guilt of depraved indifference murder. Ruling: The Court of Appeals modified the ...

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SUPREME COURT, MONROE COUNTY Arbitration Provisions Excluding Claims to Arbitration Greece Central School District v. Custom Energy LLC 2012/4905 Justice Rosenbaum Background: The parties had entered into an energy management agreement by which energy conservation equipment would be purchased, installed ...

Supreme Court, Monroe County  Divorce Amended Complaint G.C. v. G.C. 09/13452 Justice Dollinger   Background: The plaintiff brought a divorce action alleging that his wife had engaged in cruel and inhuman treatment. After the commencement of the divorce action, the ...

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Family Court, Monroe County PINS Placement Order — Violation Matter of Bianca S. S-14719/12C Judge Kohout Background: The Department of Human Services filed a petition alleging that the respondent had violated the terms of an order placing her with DHS ...

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Monroe County Court Defendant Identification Line-Up — Best Practices People v. Hurst 2011-0835 Justice Nesser Background: The defendant was arraigned on an indictment charging him with two counts of attempt to commit robbery in the first degree and two counts of ...

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Supreme Court, Monroe County Ineffective Assistance of Counsel Alibi Defense People v. McNeil 05-0965 Justice Affronti Background: Following a jury trial, the defendant was found guilty of two counts of assault and criminal possession of a weapon. The defendant sought an ...

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Supreme Court, Monroe County Expert Witness Eyewitness Identification People v. Norstrand 2011-0262 Justice Valentino Background: The defendant was charged with leaving the scene of an accident that resulted in a death, as well as falsely reporting the incident in connection ...

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Supreme Court, Monroe County Prejudgment Interest Maintenance Awards Lehning v. Lehning 2008/17596 Justice Dollinger Background: Both parties had brought motions regarding a consent order requiring the husband to pay maintenance. The maintenance order was dated 2009 and the husband owed ...

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Supreme Court, Monroe County Zoning Health and Safety — Increased Traffic, Lighting and Noise 846 LPR LLC and Bryant & Stratton College Inc v. Town Board of the Town of Greece 11/11393 Justice Polito Background: The petitioner brought an Article ...

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Supreme Court, Monroe County Temporary Maintenance Calculations — Unjust Award Salai v. Salai 2011/00041 Justice Fisher Background: The plaintiff wife moved for a temporary spousal maintenance. The plaintiff’s ex-husband is an attorney and did not object to the payment of maintenance, ...

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Supreme Court, Monroe County Electronic Discovery Compelling Metadata Dartnell Enterprises Inc. v. Hewlett Packard Company 2006/02709 Judge Stander Background: The plaintiff commenced the action against the defendant alleging bad faith and tortuous interference with prospective business relations with third parties. The ...

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