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Tag Archives: New York State Court of Appeals

Court of Appeals – Whistleblower – Appointing Authorities’ Alleged Misconduct: Tipaldo v. Lynn, et al.

New York State Court of Appeals Whistleblower – Appointing Authorities’ Alleged Misconduct Good Faith Reporting – Prejudgment Interest Tipaldo v. Lynn, et al. No. 143 Judge Abdus-Salaam Background: At issue in this whistleblower action is whether the plaintiff made a ...

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Court of Appeals – Prison Disciplinary Proceeding: Bottom v. Annucci

New York State Court of Appeals Prison Disciplinary Proceeding Substantial Evidence Bottom v. Annucci NO. 135 Memorandum Background: The petitioner appealed from a judgment that confirmed a Department of Corrections and Community Supervision determination that he was in possession of ...

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Court of Appeals – Regulatory Review: Linares v. Evans

New York State Court of Appeals Regulatory Review Ripeness Linares v. Evans No. 124 Memorandum Background: The petitioner challenged the validity and potential application of regulations promulgated by the Board of Parole. The regulations address risks and needs assessments. Ruling: ...

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Court of Appeals – Search and Seizure – Suppression: People v. Barksdale

New York State Court of Appeals Search and Seizure – Suppression Trespass – Trespass Affidavit Program People v. Barksdale No. 123 Judge Fahey Background: At issue is the admissibility of evidence seized following the defendant’s arrest in the lobby of ...

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Court of Appeals – Malpractice – Proper Advisement: Nomura Asset Capital Corporation, et al. v. Cadwalader, Wickersham & Taft

New York State Court of Appeals Malpractice – Proper Advisement Due Diligence – Credibility Nomura Asset Capital Corporation, et al. v. Cadwalader, Wickersham & Taft No. 122 Judge Rivera Background: The plaintiff commenced a legal malpractice action stemming from the ...

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Court of Appeals – Trip and Fall: Hutchinson v. Sheridan Hill House Corp; Zelichenko v. 301 Oriental Boulevard; Adler v. QPI-VIII, LLC, et al.

New York State Court of Appeals Trip and Fall Trivial Defect Doctrine – Surrounding Circumstances Hutchinson v. Sheridan Hill House Corp; Zelichenko v. 301 Oriental Boulevard; Adler v. QPI-VIII, LLC, et al. Nos. 144, 145, & 146 Judge Fahey Background: ...

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