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Second Circuit — Custody: United States v. Edelman
U.S. Court of Appeals for the Second Circuit Custody Residential Reentry Facility — Escapee United States v. Edelman 12-2166 Judges Jacobs, Pooler and Wesley Background: Following a jury trial, the defendant was convicted of three counts of possession with intent to distribute and one count of escape. The defendant argued that he was not an […]
Fourth Department — Custody: Cormier v. Clarke, et al.
Appellate Division, Fourth Department Custody Correctional Facility — Child’s Welfare Cormier v. Clarke, et al. CAF 11-02304 Appealed rom Family Court, Oswego County Background: The respondent-petitioner, the paternal grandmother and physical custodian of the subject child, filed a petition seeking modification of a custody order by suspending visitation with the mother at a correctional facil[...]
Fourth Department — Custody: O’Connell v. O’Connell
Appellate Division, Fourth Department Custody Best Interest — Emotional and Intellectual Needs O’Connell v. O’Connell CAF 12-01649 Appealed from Family Court, Erie County Background: The father commenced an action seeking to modify an existing custody agreement with regard to his two teenage children. The family court directed that one child be placed with the father […]
Fourth Department — Custody: Murphy v. Wells
Appellate Division, Fourth Department Custody Change in Circumstances — Strained and Acrimonious Relationship Murphy v. Wells CAF 11-01212 Appealed from Family Court, Oneida County Background: The respondent father appealed from an order modifying a prior joint custody order by awarding primary physical custody of the parties’ children to the petitioner mother and granting her all […]
Fourth Department — Custody: Mukuralinda v. Kingombe
Appellate Division, Fourth Department Custody Judicial Estoppel Mukuralinda v. Kingombe CAF 11-01353 Appealed from Family Court, Monroe County Background: The petitioner father appealed from the dismissal of his petition seeking a modification of visitation. The family court had determined that because the parties were not married and there were no acknowledgments of paternity with respect [&helli[...]
Fourth Department — Custody — Relocation Petition: Lang-Loeb v. O’Neill
Appellate Division, Fourth Department Custody — Relocation Petition Employment — Conditioning Custody Lang-Loeb v. O’Neill CAF 11-01230 Appealed from Family Court, Allegany County Background: The petitioner mother brought a petition seeking permission to relocate with the parties’ daughter to Alabama, where the man to whom she had recently been married resided. The respondent father oppos[...]
Fourth Department — Custody: Mason-Crimi v. Crimi
Appellate Division, Fourth Department Custody Modification — Violation of Custody Provision Mason-Crimi v. Crimi CAF 10-01947 Appealed from Family Court, Erie County Background: The petitioner mother sought to modify a prior order of custody by awarding her sole custody of the parties’ child. The mother alleged that the father violated the prior order by interfering […]
Fourth Department — Custody: Barlow v. Smith
Appellate Division, Fourth Department Custody Relocation — ‘Tropea’ Factors Barlow v. Smith CAF 11-00798 Appealed from Family Court, Erie County Background: The petitioner mother appealed from an order that denied her amended petition seeking to modify a prior order of custody by granting the parties’ children to relocate with her to Michigan. Ruling: The Appellate […]
Fourth Department — Custody: Willard v. Holdaway
Appellate Division, Fourth Department Custody Relocation — Primary Physical Custody Willard v. Holdaway CAF 11-01578 Appealed from Family Court, Erie County Background: The mother sought custody of the parties’ child as she was relocating to Brooklyn. The family court had awarded joint-custody and the father primary physical custody. The mother appealed. Ruling: The […]
Fourth Department — Custody: Smith v. Ince
Appellate Division, Fourth Department Custody Undermining Parental Relationship Smith v. Ince CAF 11-00591 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order granting sole custody and primary physical custody of the parties’ child to the petitioner father. The court had determined that the father had a strong bond with the […]
Fourth Department — Custody: Orzech v. Nikiel
Appellate Division, Fourth Department Custody Change of Circumstances — Interference Orzech v. Nikiel CAF 10-01814 Appealed from Family Court, Erie County Background: The petitioner mother appealed from an order that denied her petition for sole custody of the parties’ child and granted the father’s petition for sole custody. The mother argued that the court had […]
Custody: Stiles v. Edwards
Appellate Division, Fourth Department Custody Interstate Travel Stiles v. Edwards CAF 09-02618 Appealed from Family Court, Steuben County Background: The parties had signed a stipulation addressing the the issue of custody. After divorce, the father sought custody of the parties’ child, alleging the mother’s act of moving the child to Oregon, Georgia, and back to […]
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
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