NY Daily Record Since 1908

A former state prisoner who missed an assessment hearing out of fear of being beaten wants his sex offender risk level downgraded, claiming his absence was involuntary. James Poleun, 47, pleaded guilty in 2009 in Niagara County Court to a ...

Tagged with: Inmate

Defense counsel for a young man, who as a teenager was involved in the brutal murder of another teen, is asking an appeals court to reduce his conviction because she says the trial judge should have allowed a defense of ...

Tagged with: Appeals court

Andrew Klein, clerk of the state Court of Appeals, is retiring as of today. Klein announced in June he would retire at the end of the summer. He is being replaced by Deputy Clerk John P. Asiello, a Corning native ...

NEW YORK — An appeals court has upheld a lower-court’s rejection of a lawsuit challenging the Seneca Indian Nation’s right to operate a casino in Buffalo. The U.S. Court of Appeals for the 2nd Circuit in Manhattan ruled Tuesday. It rejected ...

Tagged with: casino lawsuit Seneca Indian Nation

Allegations of official misconduct against a town supervisor in Onondaga County are before the Appellate Division on a petition by the father of a fellow board member. Paul Becallo, father of Cicero Town Board member Mike Becallo, has filed a ...

Tagged with: Appellate Division

ALBANY — An animal rights group seeking legal personhood for chimpanzees won’t get a hearing in the state’s highest court. The Court of Appeals, without comment Tuesday, declined to hear the appeals by The Nonhuman Rights Project on behalf of ...

Tagged with: court of appeals

Another federal appeals court Friday ruled against Catholic church-affiliated groups that oppose being required to provide contraceptive care to employees through a third party. The U.S. Court of Appeals for the Second Circuit overturned a Brooklyn judge’s ruling affecting over 25,000 ...

Tagged with: Affordable Care Act u.s. court of appeals for the second circuit

Police had probable cause to arrest a driver after smelling marijuana when he rolled down the window of his car, which he claims was moving and ordered to stop by the police officer. The standard of evidence for a vehicle ...

Truckers throughout the country may proceed with a lawsuit against the New York State Thruway Authority, claiming they are unconstitutionally being charged to support the state’s canal system. The U.S. Court of Appeals for the Second Circuit on Tuesday re-instated the ...

Evidence found on a Rochester man after he was stopped for suspicion of violating the city’s open container law may be used against him, a federal appeals court ruled Tuesday. The U.S. Court of Appeals for the Second Circuit, citing ...

Tagged with: u.s. court of appeals for the second circuit

A lawsuit is being reinstated against a Buffalo law firm that collected money from a former employee who had stolen from it and was then stealing from a subsequent law firm employer to make the repayments. The Appellate Division, Fourth ...

Tagged with: Appellate Division Fourth Department lawsuit Lippes Mathias Wexler Friedman LLP

There was nothing illegal in the approval process for a special permit to allow apartment building construction in a Planned Development District near the George Eastman House, the Appellate Division, Fourth Department, ruled Friday. The unanimous ruling, which affirmed dismissal ...

Tagged with: Appellate Division Fourth Department