NY Daily Record Since 1908

U.S. District Court, Western District of New York CERCLA Unpaid Cleanup Costs — Contractor Bonds Price Trucking Corp. v. Norampac Industries Inc. 09-CV-990 Judge Arcara Background: Plaintiff Price Trucking Corp. commenced this action under the Comprehensive Environmental Response, Compensation and ...

Tagged with: U.S. District Court Western District of New York

New York State Court of Appeals Insurance Fraud Health Care — Legislative Oversight People v. Boothe Appealed from the First Department No. 31 Background: The defendant, the chief operating officer and executive vice president of a managed health care provider, was ...

Tagged with: Health care insurance fraud New York State Court of Appeals

U.S. Court of Appeals, Second Circuit Immigration Fake Passport — Illegal Entry Beekhan v. Holder 09-3129-ag Appealed from Immigration and Customs Enforcement Background: In January 1997, Beekhan, a native and citizen of Guyana, was ordered removed from the United States ...

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

U.S. Court of Appeals, Second Circuit Immigration Asylum Nolasco v. Holder 09-5206-ag Appealed from the Board of Immigration Appeals Background: This decision concerns a petition for review of a decision of the Board of Immigration Appeals denying the petitioner’s motion ...

Tagged with: asylum immigration Second Circuit U.S Court of Appeals

Appellate Division, Fourth Department Multiple Identifications Expert Services People v. Peterkin KA 07-00393 Appealed from Supreme Court, Monroe County Background: A defendant was convicted after a jury trial of numerous crimes from two separate gunpoint robberies. Two of his appellate ...

Tagged with: Appellate Division Fourth Department

Webster Town Court Traffic Stops Probable Cause People v. Lang 10090892 Judge DiSalvo Background: The defendant was charged with having Inadequate Plate Lamps, VTL 375(2)(A)(4), Driving While Intoxicated, VTL 1192(3) and Refusal to Take a Breath Test 1194(4) on Sept. ...

Tagged with: probable cause Traffic stops Webster Town Court

U.S. District Court, Western District of New York ADA Retaliation — Disclosure of Medical Records Zembiec v. County of Monroe 09-CV-6075 Judge Larimer Background: Plaintiff Thomas Zembiec brings this action under the Americans with Disabilities Act and 42 U.S.C. §§1983 ...

Tagged with: ADA retaliation U.S. District Court Western District of New York

U.S. Court of Appeals, Second Circuit Criminal Restitution United States v. Pescatore 10-0520-cr Appealed from the Eastern District of New York Background: The defendant, convicted of operating chop shops, appeals from the denial of a post-conviction motion for an order ...

Tagged with: Second Circuit U.S Court of Appeals

U.S. Court of Appeals, Second Circuit Sentencing Extensiveness of Criminal Design United States v. Skys 09-5204-cr Appealed from the Southern District of New York Background: The defendant was charged with securities and wire fraud following a scheme to defraud various ...

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

U.S. Court of Appeals, Second Circuit Debt Collection Venue Hess v. Cohen & Slamowitz LLP 10-424 Appealed from the Northern District of New York Background: This appeal is from a judgment of the U.S. District Court for the Northern District ...

Tagged with: Debt collection Second Circuit U.S Court of Appeals venue

Appellate Division, Fourth Department Murder Extreme Emotional Disturbance People v. McKenzie KA 07-01840 Appealed from Monroe County Court Background: The defendant, convicted after trial of murder second degree, contended that the trial judge erred in denying a jury charge on ...

Tagged with: Appellate Division Fourth Department murder

Appellate Division, Fourth Department Sentencing Concurrent Sentences People v. Poole KA 08-01558 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of several counts of felony weapons possession and felony assault and received consecutive sentences, which he challenged ...

Tagged with: Appellate Division Fourth Department sentencing