NY Daily Record Since 1908

New York State Court of Appeals Eminent Domain Notice and public hearing requirement – Exemption National Fuel Gas Supply Corp. v. Schueckler et al. No. 29 Judge Stein Background: At issue is whether a certificate of public convenience and necessity ...

New York State Court of Appeals License revocation Agency determination – Clear and convincing evidence Seon v. NYS Dept. of Motor Vehicles, et al. No. 32 MEMORANDUM Background: The petitioner bus driver struck a pedestrian victim who was in a ...

New York State Court of Appeals  Missing juror Mistrial – Reasonable inquiry – Substitution People v. Lang No. 27 Judge Garcia Background: The defendant was arrested and charged with murder and criminal possession of a weapon. During the trial, a ...

New York State Court of Appeals Judicial conduct Crude and vulgar language – Removal Hon. Paul H. Senzer v. NYS Commission on Judicial Conduct No. 31 Per Curiam Background: The petitioner sought review of a determination by the respondent that ...

New York State Court of Appeals Suppression Citizen’s arrest – Federal interdiction agent – Peace officer People v. Page No. 47 Judge Feinman Background: A federal marine interdiction agent with the United States Customs and Border Protection stopped a driver ...

New York State Court of Appeals Appellate review Adverse decision – Affirming on alternate grounds People v. Harris No. 64 SSM 6 Memorandum Background: The defendant was convicted of criminal possession of stolen property. He moved to suppress physical evidence ...

New York State Court of Appeals Designating petition Fraud – Invalidated Ferreyra et al v. Arroyo No. 57 Per Curiam Background: At issue is whether the designating petition submitted by the respondent should be invalidated because it is permeated by ...

New York State Court of Appeals Ineffective assistance of counsel Challenge prospective juror – Juror bias – Pre-trial media coverage People v. Maffei No. 25 Judge DiFiore Background: The defendant argues he was denied the effective assistance of counsel based ...

New York State Court of Appeals General Municipal Law 50-h examinations – Persons excluded from attending Colon et al. v. Martin et al. No. 26 Judge Feinman Background: At issue on appeal is whether a claimant has the right to ...

New York State Court of Appeals Criminal Procedure Law Review of suppression decisions – Satisfied count – Legislative intent People v. Holz No. 33 Judge Fahey Background: At issue is whether Section 710.70 (2) of the Criminal Procedure Law grants ...

New York State Court of Appeals Arbitration Scope of authority – Reconsideration of partial award American International Specialty Lines Ins. Co. v. Allied Capital Cor., et al. No. 23 Judge Stein Background: At issue on appeal is whether an arbitration ...

New York State Court of Appeals Charging information Jurisdictional defect – Official misconduct – Intended benefit allegation People v. Middleton No. 24 Memorandum Background: The defendant was charged with one count of official misconduct. On appeal, the defendant argues that ...