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Tag Archives: New York State Court of Appeals

Court of Appeals – Challenged Government Action: Sierra Club et al. v. Village of Painted Post, et al.

New York State Court of Appeals Challenged Government Action Standing – Special Injury Sierra Club et al. v. Village of Painted Post, et al. No. 151 Judge Abdus-Salaam Background: At issue is the special injury requirement of standing in situations ...

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Court of Appeals – Fair Labor Standards Act – Public Assistance: Carver v. State of New York, et al.

New York State Court of Appeals Fair Labor Standards Act – Public Assistance Employee – Lottery Winnings Carver v. State of New York, et al. No. 139 Judge Lippman Background: The petitioner received public assistance from the City of New ...

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Court of Appeals – Prenuptial Agreement: Matter of Anthony Frank Fizzinoglia

New York State Court of Appeals Prenuptial Agreement Omission of Assets and Liabilities – Enforceable Matter of Anthony Frank Fizzinoglia No. 173 Memorandum Background: At issue is the Surrogate Court’s denial of the petitioner’s motion for summary judgment dismissing the ...

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Court of Appeals – Hearsay: People v. Gary

New York State Court of Appeals Hearsay Stipulated Evidence – Timely Objection People v. Gary No. 155 Memorandum Background: The defendant was convicted of conspiracy due to his participation in a scheme to defraud mortgage lenders. The defendant entered into ...

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Court of Appeals – Jury Requests: People v. Mendez

New York State Court of Appeals Jury Requests Transcripts of Recorded Telephone Conversations People v. Mendez No. 203 Memorandum Background: The defendant was charged with assault for his conduct during a street brawl. The people introduced into evidence several recordings ...

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Court of Appeals – Prison Disciplinary Hearing: Texeira v. Fischer

New York State Court of Appeals Prison Disciplinary Hearing Failure to Obtain Witness – Proper Remedy Texeira v. Fischer No. 142 Judge Rivera Background: The petitioner challenged a prison disciplinary hearing determination based on the hearing officer’s failure to obtain ...

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