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Inmate Disciplinary Hearings: Edwards v. Fischer
Appellate Division, Fourth Department Inmate Disciplinary Hearings Right to Call Witnesses Edwards v. Fischer TP 11-00552 Appealed from Supreme Court, Wyoming County Background: The petitioner sought review of a determination by the respondent that the petitioner had violated various inmate rules. The determination specifically found that the petitioner had smuggled drugs and other contraband into[...]
Terminating Parental Rights: In the Matter of Jacob E.
Appellate Division, Fourth Department Terminating Parental Rights Reuniting Parent and Child — Reasonable Efforts In the Matter of Jacob E. CAF 10-00915 Appealed from Family Court, Steuben County Background: The respondent mother appealed from an order terminating her parental rights on the ground of permanent neglect and transferring guardianship and custody to the petitioner. The […]
Indemnification: Deforge v. Karwoski
Appellate Division, Fourth Department Indemnification Separate Written Contract Deforge v. Karwoski CA 11-00653 Appealed from Supreme Court, Onondaga County Background: The plaintiff sought to recover damages that arose from money that was paid in his capacity as a cosigner in satisfaction of the student loan taken out by the defendant, his daughter. On appeal, the […]
Zoning: Devogelaere v. Webster Zoning Board of Appeals
Appellate Division, Fourth Department Zoning Interpretive Deference Devogelaere v. Webster Zoning Board of Appeals CA 11-00506 Appealed from Supreme Court, Monroe County Background: The petitioner’s property was located in a large lot, single-family residential district. Starting in 2007, she began renting the property for periods ranging from one night to approximately three months. In 2010, [&[...]
Motor Vehicle Accident: D’Angelo v. Litterer
Appellate Division, Fourth Department Motor Vehicle Accident Serious Injury — Pre-existing Condition D’Angelo v. Litterer CA 11-00425 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the action seeking damages for injuries she had allegedly sustained when her vehicle was struck by defendant’s vehicle. The lower court denied the defendant’s motion seeking summary[...]
Vehicle & Traffic Law: Cummings v. Department of Motor Vehicles
Appellate Division, Fourth Department Vehicle & Traffic Law Striking a Pedestrian Cummings v. Department of Motor Vehicles TP 11-00735 Transferred from Supreme Court, Erie County Background: The Article 78 proceeding was transferred to the Appellate Division for review of a determination that the petitioner violated Vehicle and Traffic Law § 1146. The petitioner alleges that […]
Duty of Care: Crough v. BJ’s Wholesale Club Inc.
Appellate Division, Fourth Department Duty of Care Reliance Crough v. BJ’s Wholesale Club Inc. CA 11-00429 Appealed from Supreme Court, Monroe County Background: The plaintiff brought the action seeking damages for an injury he sustained to his nose while attempting to load a heavy box of merchandise onto the bed of a pickup truck with […]
‘Parker’ Warnings: People v. Houghtaling
Appellate Division, Fourth Department ‘Parker’ Warnings Trial in Absentia People v. Houghtaling KA 10-02041 Appealed from Livingston County Court Background: Defendant was convicted of felony Driving While Intoxicated and other crimes after a jury trial in which he was absent. At the start of trial, the judge failed to inquire into defendant’s absence and to […]
SORA: People v. Myers
Appellate Division, Fourth Department SORA Point Assessment People v. Myers KA 10-01759 Appealed from Niagara County Court Background: Defendant on appeal challenged his Level III high risk offender under the Sex Offender Registration Act. Specifically, he challenged assessment of points for Factor 13, conduct while confined, both on the merits and on the basis that […]
SORA: Dewine v. Board of Examiners of Sex Offenders
Appellate Division, Fourth Department SORA Out-of-State Conviction Dewine v. Board of Examiners of Sex Offenders CA 11-00774 Appealed from Supreme Court, Onondaga County Background: Petitioner was convicted of a sex offense in Wyoming and was discharged from probation in June 1996. When he moved to New York, he was notified that he was required to […]
Right to Counsel: Department of Social Services, Genesee County v. Jones
Appellate Division, Fourth Department Right to Counsel Waiver Department of Social Services, Genesee County v. Jones CAF 10-02365 Appealed from Family Court, Genesee County Background: The respondent father appealed from an order that confirmed a Support Magistrate’s determination that he willfully failed to obey an order of Family Court and sentenced him to six months […]
Family Offense: Beck v. Butler
Appellate Division, Fourth Department Family Offense Harassment Beck v. Butler CAF 10-02459 Appealed from Family Court, Ontario County Background: The respondent appealed the determination that he committed a family offense. The petitioner alleged that the respondent had committed harassment in the second degree and had a stay away order issued. Ruling: The Appellate Division affirmed […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- 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.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- 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
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