Free Newsletter
Gov. Andrew Cuomo names Appellate Division justices
Gov. Andrew Cuomo has appointed nine state Supreme Court justices to serve at the Appellate Division level. Cuomo elevated Justice Joanne Winslow to fill a vacancy in the Fourth Department, which covers 22 counties, including Monroe. Winslow was elected to a state Supreme Court seat in the Seventh Judicial District in 2008. She was assigned […]
Tan defense lawyer surprised by talk of possible re-indictment
Charlie Tan’s attorney, Brian DeCarolis, was caught off guard Wednesday by Assistant Monroe County District Attorney Kelly Wolford’s suggestion that her office might try to re-indict Tan if the Fourth Department doesn’t overturn a lower court decision to dismiss the case against Tan. “That came out of nowhere today,” DeCarolis said after he and Wolford […]
Appeals court won’t throw out suit against Trump school
ALBANY — A New York court has refused to throw out a fraud lawsuit against Donald Trump over his former school for real estate investors. The Appellate Division on Tuesday unanimously rejected Trump’s request to dismiss the 2013 suit. The four justices also denied New York Attorney General Eric Schneiderman’s request for an immediate judgment, […]
Cuomo appoints 10 Appellate Division justices
Governor Andrew Cuomo on Thursday announced 10 appointments to fill vacancies in all four departments of the Appellate Division of state Supreme Court. “Each of these individuals brings a wealth of knowledge and experience to the state’s Appellate Division,” Cuomo said in a news release. “These justices are each tremendously qualified and have shown a […]
Cuomo appoints 10 Appellate Division justices
Governor Andrew Cuomo on Thursday announced 10 appointments to fill vacancies in all four departments of the Appellate Division of state Supreme Court. “Each of these individuals brings a wealth of knowledge and experience to the state’s Appellate Division,” Cuomo said in a news release. “These justices are each tremendously qualified and have shown a […]
Appellate Division reverses 2011 conviction, cites prosecutorial misconduct
The Appellate Division of State Supreme Court overturned a 2011 gun conviction and granted a new trial partly due to prosecutorial misconduct by an assistant Monroe County District Attorney. In a decision released Friday, the Fourth Department reversed the jury verdict convicting Eric Porter of second-degree criminal possession of a weapon and third-degree criminal possession […]
Conviction and sentence upheld in death of 2-year-old
ALBANY — The conviction and sentence has been upheld for a man who received a 25 years to life for beating his 2-year-old niece to death while she was staying at his Hudson Valley home. The Appellate Division of state Supreme Court, Third Department, ruled on Thursday that evidence against Joseph Rodriguez sufficiently convicted him, […]
Fourth Department – Arbitrator’s Authority: Matter of City of Rochester
Appellate Division, Fourth Department Arbitrator’s Authority Collective Bargaining Agreement Matter of City of Rochester CA 15-00546 Appealed from Supreme Court, Monroe County Background: The Article 75 proceeding arises from a determination by the petitioner-respondent city that denied a police sergeant’s request for a vehicle to use on the job and take home. The matter proceeded […]
Fourth Department – University Disciplinary Proceeding: Bud v. State University of New York at Geneseo
Appellate Division, Fourth Department University Disciplinary Proceeding Grievance Procedure Bud v. State University of New York at Geneseo TP 15-00674 Transferred from Supreme Court, Livingston County Background: Petitioner commenced an article 78 proceeding seeking to annul the determination of the respondent to expel him as an undergraduate student. The petitioner was expelled following a year-[...]
Fourth Department – Arbitration: Matter of City of Lockport
Appellate Division, Fourth Department Arbitration Public Policy – Agency’s Authority Matter of City of Lockport CA 15-00626 Appealed from Supreme Court, Niagara County Background: The petitioner and respondent are parties to a collective bargaining agreement that defines grievance as including all claimed violations of any contract existing between the petitioner and the employees covered by [[...]
Fourth Department – Juvenile Delinquent – Robbery: Matter of Charles P.
Appellate Division, Fourth Department Juvenile Delinquent – Robbery Show-up Identification – Unduly Suggestive Matter of Charles P. CAF 14-01921 Appealed from Family Court, Monroe County Background: The respondent appealed from an order adjudicating him a juvenile delinquent based upon a finding that he committed acts that would constitute two counts of robbery in the second […]
Fourth Department – Deed and Contract – Right of First Refusal: Gilmore v. Jordan
Appellate Division, Fourth Department Deed and Contract – Right of First Refusal Merger – Drafting Gilmore v. Jordan CA 15-00397 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced an action seeking a determination on the viability of a right of first refusal in favor of the defendants. In 1979, the plaintiff’s husband executed […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
Polls
Loading ...