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Irondequoit man with COVID-19 seeks court order for medication
An Irondequoit man hospitalized with COVID-19 is seeking a court order that would require doctors at Unity Hospital to administer medication outside of normal treatment protocol for the virus. Michael Gangemi, 63, wants to be treated with two prescription medications, Ivermectin and Fluvoxamine. Both are approved by the U.S. Food and Drug Administration, but for other […]
Monroe County – Special Permit: Friends of Pittsford Village v. Village of Pittsford, et al.
Supreme Court, Monroe County Special Permit Local Law Compliance and Review – Arbitrary and Capricious Friends of Pittsford Village v. Village of Pittsford, et al. 2012/13778 Judge Ark Background: The petitioner commenced an article 78 proceeding challenging the 2012 approval of a Special Permit by the Pittsford Village Board for a proposed crossing development at […]
Supreme Court, Monroe County – Attorney’s Fees: Gallman v. T.D.M.S. LLC
Supreme Court, Monroe County – Attorney’s Fees – Reasonableness – Padding – Excessive Gallman v. T.D.M.S. LLC 2011/14794 Judge Fisher Background: The plaintiff brought an action of foreclosure and sale concerning commercial property in Spencerport. The plaintiff’s application was granted and the parties perfected and fully briefed appeals. The Appellate Division[...]
Decision of Interest: Supreme Court, Monroe County — Same Sex Marriage — Child Custody: Wendy G-M v. Erin G-M
Supreme Court, Monroe County Same Sex Marriage — Child Custody Artificial Insemination — Non-Biological Parent Wendy G-M v. Erin G-M 13-13669 Judge Dollinger Background: At issue in the underlying divorce action, the court was required to determine whether a parent who is not the biological spouse is a parent of a child conceived by artificial […]
Supreme Court, Monroe County — Subcontractor: Kovalky-Carr Electric Supply Co., Inc. v. Hartford Casualty Insurance Company and EastCoast Electric LLC
Supreme Court, Monroe County Subcontractor Pay-when-Paid — Void as Against Public Policy Kovalky-Carr Electric Supply Co., Inc. v. Hartford Casualty Insurance Company and EastCoast Electric LLC 2013-06465 Judge Rosenbaum Background: The defendant is the general contractor for a project at the State University at Brockport. A labor and material payment bond was issued by the […]
Decision of Interest: Supreme Court, Monroe County — Alternative Service Divorce: McKeown v. Frederick
NYS Supreme Court, Monroe County Alternative Service Divorce Constructive Trust — Marital Residence McKeown v. Frederick 12/5505 Judge Dollinger Background: In this divorce action, at issue is whether an alleged promise by a spouse, prior to marriage, created rights and responsibilities under the equitable doctrine of a constructive trust. The parties discussed buying a house prior […]
Supreme Court, Monroe County — Not for Profit Law — Elections: Buholtz v. Rochester Philharmonic Orchestra Inc.
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 618 of the Not for Profit Law seeking to overturn an election of directors at […]
SUPREME COURT, MONROE COUNTY – Provisions Excluding Claims to Arbitration :Greece Central School District v. Custom Energy LLC
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 and maintained by the respondent. The petitioner alleged that it was guaranteed annual savings [...]
Supreme Court, Monroe County – Divorce: G.C. v. G.C.
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 wife moved to Ohio and made it clear that she would contest the grounds for […]
Supreme Court, Monroe County — Ineffective Assistance of Counsel: People v. McNeil
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 order vacating the judgment of conviction on the grounds the he was denied effective assistance […]
Supreme Court, Monroe County — Expert Witness: People v. Norstrand
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 with a hit and run fatality by reporting that his car was stolen. The defendant […]
Supreme Court, Monroe County — Prejudgment Interest: Lehning v. Lehning
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 more than $26,000 in unpaid maintenance for failure to pay for 18 months. The court […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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