NY Daily Record Since 1908

Appellate Division, Fourth Department Real Property Leases Jury Trial — Obligation to Pay Matter of General Electric Capital Corp. v. Loretto-Utica Residential Health Care Facility 1120 RPAPL Article 7; Supreme Court, Oneida County Background: The appeal is from an order ...

Tagged with: Appellate Division Fourth Department Jury Trial

U.S. District Court, Northern District of New York Subject Matter Jurisdiction Religious Doctrine Barton v. Mikelhayes 09-CV-63 Judge McAvoy Background: Plaintiff Todd David Barton brought an action pro se against the defendants pursuant to Title VII of the Civil Rights ...

Tagged with: Northern District of New York subject matter jurisdiction U.S. District Court

Appellate Division, Fourth Department Child Custody Change in Circumstances Matter of Dormio v. Mahoney 1002 Appealed from Family Court, Oneida County Background: The petitioner mother appeals from an order dismissing her petition, following a hearing, that sought to modify a ...

Tagged with: Appellate Division Child Custody Fourth Department

Appellate Division, Fourth Department DWI Refusal Hearing McDonell v. New York State Dept of Motor Vehicles TP 10-00878 Transferred from Supreme Court, Monroe County Background: A driver lost his license at a “refusal” hearing held by the Department of Motor ...

U.S. Court of Appeals for the Second Circuit ‘Habeas Corpus’ Johnson v. U.S. 10-3046-op Leave to file successive §2255 petition Background: Petitioner Leonard C. Johnson, proceeding pro se, seeks leave to file a successive 28 U.S.C. §2255 motion challenging his ...

Appellate Division, Fourth Department Guilty Plea Recitation of Elements People v. Nichols KA 09-0003 Appealed from Livingston County Court Background: The defendant pleaded guilty to a felony charge of possessing stolen property. On appeal he argued the plea colloquy was ...

U.S. Court of Appeals for the Second Circuit First Amendment License Plates — Religious Expression  Byrne v. Rutledge 07-4375-cv Appealed from the District of Vermont Background: Plaintiff Shawn Byrne filed an action alleging Vermont’s denial of his requested vanity license ...

U.S. District Court for the Western District of New York Attorneys’ Fees ADA Claims Grievson v. Rochester Psychiatric Center 06-CV-6240 Judge Payson Background: In May 2006, plaintiff Kim Marie Grievson brought action against the Rochester Psychiatric Center under the Americans ...

U.S. Court of Appeals for the Second Circuit Trademarks Federal Treasury Enterprise v. Spirits International NV 06-3532-cv Appealed from the Southern District of New York Background: The appeal involves litigation arising over ownership of the famous STOLICHNAYA vodka trademarks. FTE, ...

U.S. Court of Appeals, Second Circuit Defamation DiFolco v. MSNBC Cable LLC 09-2821-cv Appealed from the Southern District of New York Background: Plaintiff Claudia DiFolco appeals from an order that dismissed, for failure to state a claim, her causes of ...

Tagged with: defamation Second Circuit U.S. Court of Appeals

Appellate Division, Fourth Department Grave Robbing Good Faith Exception People v. Batjer 920 Appealed from County Court, Monroe County Background: The defendant appeals from a County Court judgment convicting defendant, upon a nonjury verdict, of Public Health Law offenses including ...

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Appellate Division, Third Department Workers’ Compensation Clandestine Work Matter of Hadzaj v. Harvard Cleaning Service 508275 Appealed from the Workers’ Compensation Board Background: The claimant appeals a ruling that he violated Workers’ Compensation Law §114-a and is disqualified from receiving ...

Tagged with: Appellate Division Third Department Workers’ Compensation