Appellate Division, Fourth Department Termination of Parental Rights Default In the Matter of Shawn CAF 10-00959 Appealed from Family Court, Erie County Background: The respondent mother had appealed from an order that terminated her parental rights and freed her children for adoption. The mother had failed to appear at the dispositional hearing and her attorney […]
Appellate Division, Fourth Department Medicaid Reimbursement Article 78 Sisters of Charity Hospital v. Daines, MD et al. CA 10-02018 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination that calculated its Medicaid reimbursement rates following an administrative appeal without a hearing. The supreme court granted t[...]
Salina Town Justice Andrew N. Piraino is appealing a recent Supreme Court decision in Onondaga County that allows the state Commission on Judicial Conduct to proceed with its complaint against him.
Appellate Division, Fourth Department Failure to Disclose Excess Insurance Coverage Sharkey v. Lin-Yun Chow MD, et al. CA 10-01211 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice action for the alleged failure of the defendants to properly diagnose his metastatic colon cancer. At the conclusion of trial, the jury had […]
Appellate Division, Fourth Department Ineffective Assistance of Counsel Lesser Included Offense People v. Kurkowski KA 10-01579 Appealed from Erie County Court Background: The defendant was charged with assault in the first degree. He was convicted at a bench trial of assault in the second degree as a lesser included offense. On appeal he contended that […]
Appellate Division, Fourth Department Indictment Date People v. Nappi KA 10-00826 Appealed from Herkimer County Court Background: After a jury trial convicting the defendant of criminal possession of a weapon, he contended that the date stated in the indictment varied from the date established at trial. The indictment alleged “on or about the 5th day […]
Appellate Division, Fourth Department Guilty Plea Postrelease Supervision People v. Hernandez KA 07-00531 Appealed from Monroe County Background: When the defendant pleaded guilty to attempted robbery in the second degree, the judge only informed him that he would receive the minimum period of postrelease supervision. On appeal the defendant challenged the voluntariness of the plea. […]
Appellate Division, Fourth Department Ineffective Assistance of Counsel Severance People v. Kilbury KA 07-01561 Appealed from Onondaga County Court Background: The defendant was convicted of several counts of sexual assault after a jury trial. On appeal he argued that his trial attorney was constitutionally deficient. His attorney did not move to sever 11 counts that […]
Appellate Division, Fourth Department Speedy Trial Preservation People v. Faro KA 09-00278 Appealed from Monroe County Court Background: The defendant pleaded guilty to possessing a forged instrument. On appeal he contended that he was denied his statutory and constitutional right to a speedy trial. Ruling: A guilty plea waives the statutory right to a speedy […]
Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid into second base during a softball game. The defendant moved to dismiss on the grounds […]
Appellate Division, Fourth Department Anticipatory Repudiation Howard v. Bioworks Inc. CA 10-02497 Appeal from the Supreme Court, Ontario County Background: The plaintiff commenced a breach of contract action against the defendant alleging that the defendant failed to pay him deferred compensation for prior services that he had performed pursuant to a written agreement. The agreement […[...]
Appellate Division, Fourth Department Municipal Home Rule Notice Horan v. Town of Tonawanda CA 10-02522 Appeal from the Supreme Court, Erie County Background: The plaintiff brought the action seeking damages for injuries she had sustained when she tripped over a pothole in a road owned and maintained by the defendant. The lower court ordered the […]
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- 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
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- 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