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Court of Appeals — Appellate Review: Hecker v. State of New York
New York State Court of Appeals Appellate Review Interest of Justice Jurisdiction Hecker v. State of New York No. 38 Memorandum Background: The Appellate Division was required to decide the issue of whether the area in which the plaintiff suffered his injury was a “floor, passageway [or] walkway” within the meaning of 12 NYCRR 23-1.7 […]
Fourth Department — Appellate Review: Davis v. Vallie
Appellate Division, Fourth Department Appellate Review Objections Davis v. Vallie CA 11-00963 Appealed from Supreme Court, Erie County Background: The plaintiff brought an action seeking damages for injuries he sustained on property owned by the defendant. The plaintiff alleged that he was injured from the negligent failure to maintain a stained glass window. On appeal […]
Appellate Review: People v. Alonso & Alonso
New York State Court of Appeals Appellate Review Exculpatory Evidence People v. Alonso & Alonso No. 72 Chief Judge Lippman Background: Several months into a trial, the trial court determined that the people had failed to present exculpatory evidence to the defense. The court found that the constitutional violation was so great that the indictments […]
SORA: People v. Long
Appellate Division, Fourth Department SORA Appellate Review People v. Long KA 10-01144 Appealed from Supreme Court, Erie County Background: The defendant challenged his Level 2 risk adjudication under the Sex Offender Registration Act, based upon the use of a previous youthful offender adjudication and the terms of the classification order. Ruling: The decision was reserved […]
Youthful Offender Status: People v. Brantley
Appellate Division, Fourth Department Youthful Offender Status Appellate Review People v. Brantley KA 10-00122 Appealed from Wayne County Court Background: The defendant was convicted of Attempted Burglary second degree and Escape second degree. The sentencing judge’s denial of Youthful Offender status was the issue that was raised on appeal. Ruling: The conviction is affirmed. The […]
Arbitration: Matter of Cordero v. New York Central Mutual Fire Insurance Co.
New York State Court of Appeals Arbitration Appellate Review Matter of Cordero v. New York Central Mutual Fire Insurance Co. No. 164 Appealed from the Fourth Department Background: On May 15, 2004, the petitioner was involved in a two-car collision. She later filed a claim for no-fault benefits with the respondent insurer, alleging she injured […]
Appellate Review: Friedman v. Rehal
U.S. Court of Appeals, Second Circuit Appellate Review Actual Innocence — Time Bar Friedman v. Rehal 08-0297-pr Appealed from the Eastern District of New York Background: The appeal is from the denial of a writ of habeas corpus in a case in which the petitioner pleaded guilty and seeks habeas relief on the ground that […]
Appellate Review: Urinyi v. U.S.
U.S. Court of Appeals, Second Circuit Appellate Review Notice of Appeal — Ineffective Assistance Urinyi v. U.S. 09-3398-op Appealed from the Southern District of New York Background: James Urinyi moves for leave to file a “second or successive” motion to vacate his conviction pursuant to 28 U.S.C. §2255. Urinyi contends his one prior §2255 proceeding […]
Appellate Review: People v. Daly
New York State Court of Appeals Appellate Review Reversal — Jointly Tried Counts People v. Daly No. 41 Appealed from the Second Department Background: The court spells out at the introduction that the question of whether Rosario or Brady violations resulting in the reversal of convictions on certain counts also require reversal of convictions on […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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