NY Daily Record Since 1908

Monroe County Court Judge Christopher S. Ciaccio submitted the following decision on what he describes as “a simple landlord-tenant issue” as of interest to readers of The Daily Record: COUNTY COURT — STATE OF NEW YORK — COUNTY OF MONROE: ...

Supreme Court, Monroe County Special Permit Local Law Compliance and Review – Arbitrary and Capricious Friends of Pittsford Village v. Village of Pittsford, et al. 2012/13778 Judge Ark Background: The petitioner commenced an article 78 proceeding challenging the 2012 approval ...

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Supreme Court, Monroe County – Attorney’s Fees – Reasonableness – Padding – Excessive   Gallman v. T.D.M.S. LLC 2011/14794 Judge Fisher   Background: The plaintiff brought an action of foreclosure and sale concerning commercial property in Spencerport. The plaintiff’s application was granted ...

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Monroe County Court – Right to Counsel – Attachment – Assignment to Public Defender’s Office – ‘Miranda’ Waiver   People v. Rankin 2013-1236 Judge DeMarco   Background: The people gave notice of their intention to introduce statements that defendant made to ...

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Monroe County Family Court – Paternity – Same-Sex Couples – Presumption of Legitimacy – Equitable Estoppel   Q.M. v. B.S. & J.S. P-13761-13 Judge Kohout   Background: In this paternity proceeding, the court was asked to determine whether the presumption of ...

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Supreme Court, Monroe County Same Sex Marriage — Child Custody Artificial Insemination — Non-Biological Parent Wendy G-M v. Erin G-M 13-13669 Judge Dollinger Background: At issue in the underlying divorce action, the court was required to determine whether a parent ...

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Supreme Court, Monroe County Subcontractor Pay-when-Paid — Void as Against Public Policy Kovalky-Carr Electric Supply Co., Inc. v. Hartford Casualty Insurance Company and EastCoast Electric LLC 2013-06465 Judge Rosenbaum Background: The defendant is the general contractor for a project at ...

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Monroe County Family Court PINS Proceeding Specific Intent — School Phobia Matter of Carly M. S-04125-13 Judge Kohout Background: The petitioner commenced a PINS proceeding alleging that the respondent repeatedly failed to attend school. The respondent argued that her habitual ...

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NYS Supreme Court, Monroe County Alternative Service Divorce Constructive Trust — Marital Residence McKeown v. Frederick 12/5505 Judge Dollinger Background: In this divorce action, at issue is whether an alleged promise by a spouse, prior to marriage, created rights and responsibilities ...

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Rochester City Court, Monroe County Warrant of Eviction Peaceful Enjoyment — Hostile & Aggressive Behavior Rochester Housing Authority v. Ivey NO. LT000273-13 Judge Sciortino Background: The respondent requested the court to make a determination as to whether the petitioner was ...

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Supreme Court, Monroe County Not for Profit Law — Elections Write in Candidates — By-laws Buholtz v. Rochester Philharmonic Orchestra Inc. 2013/01909 Judge Fischer Background: The petitioner, a member of the Rochester Philharmonic Orchestra, commenced a proceeding pursuant to Section ...

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New York State Court of Appeals Depraved Indifference Murder People v. Martinez No. 190 Memorandum Background: The defendant argued that the evidence was legally insufficient to establish his guilt of depraved indifference murder. Ruling: The Court of Appeals modified the ...

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