Appellate Division, Fourth Department Divorce Counsel Fees — Hearing Hill v. Hill No. 718 Appealed from Supreme Court, Onondaga County Background: A judgment of the supreme court awarded counsel fees to the defendant in a divorce action and the appeal ...Read More »
New York State Court of Appeals Evidence Accomplice Testimony — Corroboration People v. Reome No. 112 Appealed from the Fourth Department Background: The defendant was convicted of participating in a rape with three other men. One of his alleged accomplices, ...Read More »
Appellate Division, Fourth Department Civil Service Residency Requirement Matter of Johnson v. Town of Amherst 812 Article 78 Proceeding; Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination terminating his employment with ...Read More »
New York State Court of Appeals Legal Malpractice Estate Tax Planning Estate of Schneider v. Finmann No. 104 Appealed from the Second Department Background: At issue in the appeal is whether an attorney may be held liable for damages resulting ...Read More »
New York State Court of Appeals Zoning Preexisting Use-Variance — Expansion Jones v. Town of Carroll No. 107 Appealed from the Fourth Department Background: In 1984, plaintiffs Donald and Carol Jones purchased 50 acres of land in an agricultural/residential zoning ...Read More »
U.S. Court of Appeals, Second Circuit Sufficiency of Evidence Standard of Review U.S. v. Heras 09-3150-cr Appealed from the Eastern District of New York Background: The appeal is from a judgment of acquittal entered after trial in the U.S. District ...Read More »
Mootness: Jennifer Matthew Nursing and Rehabilitation Center v. U.S. Department of Health and Human Services
U.S. Court of Appeals, Second Circuit Mootness Jennifer Matthew Nursing and Rehabilitation Center v. U.S. Department of Health and Human Services 08-5052-cv Appealed from the Appeals Board of DHHS Background: The case seeks review of a ruling by the Appeals ...Read More »
U.S. Court of Appeals, Second Circuit Attorneys Permission to Withdraw — Appellate Practice U.S. v. 777 Greene Ave. 08-5428-cvAppealed from Eastern District of New York Background: Vinoo P. Varghese, counsel for claimant-appellant Mary Mayo, moves for permission to withdraw as ...Read More »
New York State Court of Appeals Depraved Indifference Evidence People v. Valencia No. 99 Appealed from the Second Department Background: The defendant’s blood alcohol level was about three times the legal limit when he drove at night in the wrong ...Read More »
Appellate Division, Fourth Department Visitation Violation of Order Matter of Koss v. Michaud 645 Appealed from Family Court, Oneida County Background: The appeal is from an order in a proceeding pursuant to Family Court Act Article 6. The order, inter ...Read More »
U.S. District Court, Western District of New York Debt Collection Practices Hoover v. Western New York Capital 09-CV-955 Judge Arcara Background: Plaintiff Susan Hoover filed a complaint in this case on Nov. 5, 2009, accusing Western New York Capital of ...
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New York State Court of Appeals Jurisdictional Defects ‘Reasonable Cause’ Requirement — Accusatory Instruments People v. Dreyden No. 102 Appealed from the Second Department Background: On the evening of June 2, 2007, a police officer stopped a van on a ...
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