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Monroe County

Jan 21, 2011

Manslaughter: People v. Hardy

Supreme Court, Monroe County Manslaughter Status of Unborn Child People v. Hardy 2010-0402 Judge Valentino Background: The defendant is charged with manslaughter in the second degree, assault in the second and third degrees, and attempted petit larceny. The defendant apparently drove recklessly and struck an oncoming car while fleeing the scene of an attempted theft […]

Sep 29, 2010

Divorce: Grace v. Grace

Monroe County Supreme Court Divorce Grace v. Grace 2009-13627 Judge Dollinger Background: In a divorce action, the plaintiff husband sought to dismiss the wife’s counterclaim that their separation agreement is unconscionable because there is an unequal distribution of equity from the marital residence and a substantially delayed payout of the marital interest in certain retirement […]

Sep 24, 2010

Contracts: Center for Disability Rights, Inc. v. County of Monroe

Monroe County Supreme Court Contracts Termination — Notice Center for Disability Rights, Inc. v. County of Monroe 2010-9905 Judge Ark Background: CDR petitions the Court to reverse Monroe County’s decision to terminate CDR’s participation in the New York State mandated Consumer Directed Personal Assistance Program. The petitioner’s allegations of tortuous and unconstitutional conduct are o[...]

Sep 21, 2010

Public Health Law: The Brightonian Nursing Home v. Daines

Monroe County Supreme Court Public Health Law Nursing Homes — Medicaid The Brightonian Nursing Home v. Daines 2009-13213 Judge Rosenbaum Background: Monroe County Supreme Court Judge Rosenbaum ruled New York State Public Health Law §2808(5)(c) unconstitutional due to its effect on the due process rights of nursing home owners who are unable to withdraw equity […]

Jun 30, 2010

Zoning: Suburban Disposal Corp. v. Town of Ogden Zoning Board of Appeals

Monroe County Supreme Court Zoning Undefined Terms — Board Discretion Suburban Disposal Corp. v. Town of Ogden Zoning Board of Appeals 2010/4462 Judge Ark Background: The petitioner brought the proceeding under Article 78, seeking to overturn a decision by the Town of Ogden Zoning Board of Appeals, which reversed a decision of the town’s enforcement […]

Jun 17, 2010

Construction of Criminal and Corrections Statutes: People v. Asher

Monroe County Supreme Court Construction of Criminal and Corrections Statutes People v. Asher 2009-0974-A-D Judge Valentino Background: The court previously concluded the Commission of Corrections’ jurisdiction over Division For Youth secure facilities and the stated legislative intent of the enacting legislation of the assault statute rendered Industry’s Secure Facility in Rush, N.Y., a “co[...]

Apr 12, 2010

Custody: Joyce A.S. v. Amber L.M.

Monroe County Family Court Custody Foster Care — Grandparent Custody Joyce A.S. v. Amber L.M. 11435-09 Judge Kohout Background: A petition requesting custody or alternatively visitation was filed by Joyce A. S. on Sept. 11, 2009 concerning her granddaughter Sierra R., born Feb. 9, 2008. Sierra is placed in foster care with the Monroe County […]

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