Free Newsletter
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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.
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. […[...]
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 […]
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 […]
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 […]
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
Polls
Loading ...