NY Daily Record Since 1908

New York State Bar Association Committee on Professional Ethics Referral fees Tax credit business – Consultant – Employee – Owner Ethics Opinion 1162 Background: The inquiring attorney is a patent attorney licensed in New York. He now seeks to start ...

New York State Bar Association Committee on Professional Ethics Confidential information Disclosure – Client consent – Disclosure of any personal, financial, or business interest Ethics Opinion 1161 Background: The inquiring attorney is a real estate transactional lawyer. The custom in ...

United States Court of Appeals for the Second Circuit Armed Career Criminal Act Violent felony – Robbery United States v. Thrower 17-445-pr Judges Wesley, Chin, and Cote Background: The government appealed from a judgment that reduced the defendant’s sentence from ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Psychiatric evaluation Competency to stand trial – Due process – Form of report People v. Vega KA 16-01447 Appealed from Orleans County Court Background: The defendant appealed from his conviction ...

United States Court of Appeals for the Second Circuit Conditions of supervised release Unreasonable – Failure to register as a sex offender U.S. v. Eaglin 17-1224-cr Judges Cabranes, Carney, and Vilardo Background: The defendant was convicted of failing to register ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Exculpatory witnesses – Defendant’s failure to provide witness names People v. Young KA 13-00794 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of ...

United States Court of Appeals for the Second Circuit Jury instruction Failure to challenge – Prejudice Gupta v. USA 15-2707(L) Judges Kearse, Wesley, and Droney Background: The petitioner was convicted of both substantive and conspiracy crimes related to securities fraud, ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Witness impeachment Civil litigation – Relevance – Discretion of court Ubiles v. Halliwell-Kemp CA 18-00133 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a negligence action against her ...

New York State Supreme court, Appellate Division, Fourth Judicial Department Child custody Out-of-state relocation – Benefit to the children – Parent’s willingness to cooperate with visitation Townsend v. Mims CAF 17-01277 Appealed from Family Court, Onondaga County Background: The respondent ...

United States Court of Appeals for the Second Circuit Fair Debt Collection Act Business practices – Knowledge – Control of businesses – Disgorgement Federal Trade Commission v. Federal Check Processing Inc. 16-3811-(L) Judges Cabranes, Sack, and Parker Background: The plaintiff ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Arbitration Arbitrator’s authority – Authority for court review – Prejudice Matter of Town of Greece Guardians’ Club CA 18-00253 Appealed from Supreme Court, Monroe County Background: At issue in this ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Collective bargaining agreement Vested rights – Retirement Timkey v. City of Lockport CA 18-00294 Appealed from Supreme Court, Niagara County Background: In 1987, the defendant hired the plaintiff to a ...