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Monroe County

Aug 9, 2011

Judicial Diversion Program: People v. Caster

New York State Supreme Court, Monroe County Judicial Diversion Program Unindicted Charge People v. Caster 2011-0255 Justice Valentino Background: The defendant was charged with grand larceny for her role in a bank robbery. The prosecution did not present grand larceny in the fourth degree to the grand jury as it was a lesser-included offense. The defendant […]

Jul 28, 2011

Property Designations: Coco v. Town of Irondequoit, et al.

Supreme Court, Monroe County Property Designations Procedural and Substantive Due Process Coco v. Town of Irondequoit, et al. 2009/14811 Judge Frazee Background: The plaintiff, on behalf of the estate of Joseph Coco, was the owner of property at 630 Rock Beach Road, Irondequoit, N.Y. The plaintiff entered into a purchase/sale contract with the defendants Fico […]

Jul 19, 2011

Environmental Impact: Preserve Scenic Perinton Alliance Inc. v Porter, et al.

New York State Supreme Court, Monroe County Environmental Impact Article 78 Preserve Scenic Perinton Alliance Inc. v Porter, et al. 2008/13911 Justice Ark Background: The defendant Waste Management of New York sought to expand a landfill located in the town of Perinton. After three years of review, the DEC granted a modification of the landfill’s permit. […]

Jul 1, 2011

Legal Sufficiency: In the Matter of Tyshawn M.

New York State Family Court, Monroe County Legal Sufficiency Jurisdictional Defect In the Matter of Tyshawn M. D-5955-11 Justice Joan S. Kohout, J. Background: The underlying complaint involved a number of students who assaulted a single victim as they exited a bus in Charlotte.   The complainant identified eight youths who attacked her, but did not […]

Jun 6, 2011

Intoxication: People v. Schulman

Justice Court of Parma, Monroe County Intoxication Burden of Proof People v. Schulman 11010089 Justice Sciortino Background: The defendant had been charged with driving while intoxicated, refusal of the breathalyzer test and a number of other traffic infractions after he was in a crash with another vehicle. Officers at the scene viewed a half-empty beer […]

Apr 28, 2011

Article 78: Camardo v. City of Auburn, New York

Supreme Court, Monroe County Article 78 SEQRA Camardo v. City of Auburn, New York 2011-0259 Justice Valentino Background: The petitioner sought a judgment pursuant to CPLR Art. 78 against respondent annulling respondent’s negative declaration pursuant to the State Environmental Quality Review Act  with respect to a proposed CCC-Center for Performing Arts. The petitioner alleged that […]

Apr 28, 2011

Order of Protection: People v. Zacher

Supreme Court, Monroe County Order of Protection Modification Post-Sentencing People v. Zacher 2005-0303 Judge Valentino Background: The court sentenced the defendant to two concurrent life sentences without parole for the murder of his wife and daughter. The defendant was also sentenced to a determinate term of 25 years plus five years post-release supervision for the […]

Apr 14, 2011

States pass, consider laws on data wiping

In a rising trend, states across the country are enacting and considering legislation addressing the privacy risks associated with digital office equipment like copiers, hard drives and even smartphones.

Feb 10, 2011

Mandamus: Matter of Amico v. Carballada

Supreme Court, Monroe County Mandamus Standing — Injury-in-Fact Matter of Amico v. Carballada Index No. 2011/1155 Judge Barry Background: The petitioners, which include the president of the Rochester Firefighters Association Local 1071, brought a combined Article 78 and declaratory judgment action against R. Carlos Carballada as acting mayor of Rochester and the Rochester City Council. […[...]

Feb 2, 2011

Trusts: In Re Rivas

Featured Local Decision Surrogate’s Court, Monroe County Trusts Trust Corpus — Intent of Settlor In Re Rivas No. 2000 LT 00007/B. Judge Calvaruso Background: Bank of America as Trustee seeks a determination by this court as to whether the agreement, established to benefit the Psychiatry Department at the University of Rochester, permits the investment of […]

Jan 28, 2011

Breach of Contract: Logan-Baldwin v. L.S.M. General Contractors Inc.

New York State Supreme Court, Monroe County Breach of Contract Privity of Contract — Subcontractors Logan-Baldwin v. L.S.M. General Contractors Inc. Judge Fisher No. 2005/09972 Background: This action relates to renovations sought by the plaintiffs for their historic home located at 19 Arnold Park, Rochester. The homeowners brought an action against the contractor, subcontractors and […]

Jan 26, 2011

Guardianship: Matter of the Application of Carole Zornow

New York State Supreme Court, Monroe County Guardianship End-of-Life Health Decisions — Religious Faith Matter of the Application of Carole Zornow Judge Polito Background: In May 2010, the petitioner, Carole Zornow, applied to supreme court to be appointed guardian for her mother, Joan M. Zornow, under Mental Hygiene Law, primarily to make end-of-life decisions. Her […]

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