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New York State Court of Appeals

Court of Appeals – Security for costs provisions: Clement v. Durban, et al.

New York State Court of Appeals Security for costs provisions Privileges and Immunities Clause Clement v. Durban, et al. No. 118 Judge Feinman Background: At issue on appeal is whether CPLR 8501(a) and 8503 violate the Privileges and Immunities Clause ...

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Court of Appeals – Writ of mandamus: The Alliance to End Chickens as Kaporos, et al. v. NYC Police Dept.

New York State Court of Appeals Writ of mandamus Discretionary execution of law – Performance of ministerial duty The Alliance to End Chickens as Kaporos, et al. v. NYC Police Dept. No. 126 Memorandum Background: The plaintiffs appealed from the ...

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Court of Appeals – Ineffective assistance of counsel: People v. Grimes

New York State Court of Appeals Ineffective assistance of counsel Criminal leave application – Untimely filing – Writ of coram nobis People v. Grimes No. 103 Judge DiFiore Background: Previously, the Court of Appeals held that a counsel’s failure to ...

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Court of Appeals – Termination of parental rights: Matter of Lacee L.

New York State Court of Appeals Termination of parental rights Reasonable efforts toward reunification – Disabilities – Reasonable accommodations Matter of Lacee L. No. 95 Judge Wilson Background: At issue is whether the Family Court can find that the New ...

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Court of Appeals – Regulatory authority: Matter of Leading Age New York v. Shah

New York State Court of Appeals Regulatory authority Executive compensation – Separation of powers Matter of Leading Age New York v. Shah No. 93 Judge DiFiore Background: At issue is a challenge, on separation of powers grounds, to regulations promulgated ...

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Court of Appeals – Prevailing wages: International Union of Painters & Allied Trades v. NYS Dept. of Labor

New York State Court of Appeals Prevailing wages Apprentice wages – Public works projects International Union of Painters & Allied Trades v. NYS Dept. of Labor No. 101 Judge Fahey Background: The plaintiffs brought a declaratory judgment against  the DOL ...

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Court of Appeals – Administrative proceeding: Haug v. SUNY Potsdam, et al.

New York State Court of Appeals Administrative proceeding Substantial evidence standard – Appellate review – Hearsay evidence Haug v. SUNY Potsdam, et al. No. 102 Memorandum Background: At issue in this Article 78 proceeding is whether the determination that the ...

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Court of Appeals – Proceed pro se: People v. Crespo

New York State Court of Appeals Proceed pro se Untimely request – Jury selection People v. Crespo No. 27 Judge DiFiore Background: Prior to opening statements, but after 11 jurors were selected and sworn, the defendant sought to invoke his ...

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Court of Appeals – Judicial conduct: Matter of Leticia D. Astacio

New York State Court of Appeals Judicial conduct Sanction of removal – Reduction to censure Matter of Leticia D. Astacio No. 94 Per Curiam Background: The petitioner is a Family Court judge who sustained six charges of misconduct for her ...

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Court of Appeals – Breach of warranty: Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp.

New York State Court of Appeals Breach of warranty Statute of limitations – Accrual – Condition precedent – Delay of limitations period Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp. No. 96 Judge Fahey Background: The Court of ...

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Court of Appeals – Judicial conduct: Matter of Terrance C. O’Connor

New York State Court of Appeals Judicial conduct Discourteous behavior – Sanction of removal Matter of Terrance C. O’Connor No. 99 Per Curiam Background: The petitioner is a judge of the Civil Court of the City of New York. He ...

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Court of Appeals – Accusatory instrument: People v. Drelich

New York State Court of Appeals Accusatory instrument Jurisdictional defect – Use of clinical phrase for sexual activity People v. Drelich No. 142 SSM 22 Memorandum Background: At issue is whether the underlying accusatory instrument was jurisdictionally defective. Ruling: The ...

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