NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department DWI Refusal of chemical test – Request for attorney consult Huttenlocker v. New York State Department of Motor Vehicles TP 17-01039 Transferred from Supreme Court, Erie County Background: The petitioner ...

United States Court of Appeals for the Second Circuit Post-release supervision Resentencing – Unreasonable delay Hassell v. Fischer 16-2835-pr (L) Judges Background: The parties appealed from a judgment requiring prison and parole officials to pay the plaintiff, a former state ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Ownership of vehicle Harris v. Direct General Insurance Company CA 17-00797 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking a declaration that the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Inter vivos gift Actual constructive delivery – Signed stock certificates Matter of Estate of Patricia S. Haines CA 16-02319 Appealed from Surrogate’s Court, Steuben County Background: The petitioners are co-executors ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Specific performance Partial performance – Failure to address court’s rationale Haher v. Pelusio CA 17-00174 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking specific performance ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Excessive corporal punishment – Accident – Inconsistent accounts Matter of Damone H. CAF 15-01880 Appealed from Family Court, Erie County Background: The father appealed from an order that ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Leave to amend Improper ruling on merits – Damages Great Lakes Motor Corp. v. Johnson CA 17-00764 Appealed from Supreme Court, Erie County Background: The defendant purchased a vehicle from ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Prior bad acts Motive – Adultery People v. Gliwski KA 15-01820 Appealed from Genesee County Court Background: The defendant appealed from a judgment convicting her of criminal possession of stolen ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Parental rights Neglect – Mental illness – Expert reliability Matter of Neveah G. CAF 15-01571 Appealed from Family Court, Erie County Background: The mother appealed from an order terminating her ...

New York State Bar Association Committee on Professional Ethics Conflict of interests Imputation – Separate law firms – Co-counsel – Discrete matters Ethics Opinions 1141 Background: The inquiring attorney teaches at a law school in New York and he is ...

New York State Bar Association Committee on Professional Ethics Representation of testifying expert witness Conflict of interest Ethics Opinion 1140 Background: The inquiring law firm represents injured workers in workers’ compensation matters. A health care service provider, who has both ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to dismiss Property transfer – Notice of pendency Devito v. Meegan CA 16-01817 Appealed from Supreme Court, Monroe County Background: The defendant signed a contract to purchase the plaintiff’s ...