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Tag Archives: New York State Court of Appeals

New York State Court of Appeals — Witness Tampering: People v. Smart

New York State Court of Appeals Witness Tampering Witness Unavailability People v. Smart No. 67 Judge Abdus-Salaam Background: The defendant’s and a co-defendant’s robbery attempt was thwarted when the homeowner returned to the premises. The co-defendant testified at the grand ...

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Court of Appeals — Rape: People v. McCray

New York State Court of Appeals  Rape Complainant’s Undisclosed Psychiatric Records People v. McCray No. 40 Judge Smith Background: The defendant, prosecuted for rape, sought disclosure of the complainant’s mental health records. After an in camera review, some of the ...

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Court of Appeals — Civil Service Law: Subway Supervisors Association v. NYC Transit Authority

New York State Court of Appeals Civil Service Law Equal Protection — Section 115 — Preamble Subway Supervisors Association v. NYC Transit Authority No. 53 Memorandum Background: The petitioner labor union commenced a special proceeding asserting that its members were ...

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Court of Appeals — Forum Non Conveniens: Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Brothers Company

New York State Court of Appeals Forum NonConveniens No Formal Motion — Briefed and Argued Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Brothers Company No. 43 Judge Smith Background: The parties appealed after the complaint was dismissed on the ...

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Court of Appeals — Statutory Interpretation: Palladino v. CNY Centro, Inc., et al.

New York State Court of Appeals Statutory Interpretation Overruling Precedent — Union Grievance Palladino v. CNY Centro, Inc., et al. No. 47 Judge Abdus-Salaam Background: A union member sought damages from his union for breach of the duty of fair ...

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Court of Appeals — Complaint: Waterfront Operations Associates v. Beth A. Candino, DDS

New York State Court of Appeals Complaint Answer — Goods and Services — Specificity Requirements Waterfront Operations Associates v. Beth A. Candino, DDS CA 13-01681 Appealed from Supreme Court, Erie County Background: The plaintiff operates a nursing facility where the ...

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Court of Appeals — Untimely Appeals: People v. Lopez, Dockery, Calaff and Perez

New York State Court of Appeals Untimely Appeals Effective Assistance of Appellate Counsel People v. Lopez, Dockery, Calaff and Perez Nos. 58, 57, 56, 55 Judge Smith Background: All four cases involve criminal appeals that were not pursued for more than ...

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