New York State Court of Appeals Land Conveyance Pond/Stream — Deed Phrasing Knapp, et al. v. Hughes, et al. No. 175 Judge Smith Background: The defendants own land on the shore of a pond. Both the plaintiffs and defendants claim ...

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New York State Court of Appeals Unbiased Juror Hearsay — Limiting Instruction People v. Harris No. 174 Judge Pigott  Background: The defendant was convicted for the murder of his estranged wife. The day after the verdict, a local farmhand came ...

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New York State Court of Appeals Due Process Formal Reprimand versus Critical Evaluation D’Angelo v. Scoppetta No. 166 Judge Ciparick Background: The court was asked to consider whether a written letter from the assistant commissioner of the Fire Department of ...

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New York State Court of Appeals Reverse Discrimination Administrative Exhaustion Town of Oyster Bay v. Kirkland No. 163 Memorandum Background: The plaintiff town created zoning districts designed for below-market-rate private housing for senior citizens and another district designed for below-market-rate private ...

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New York State Court of Appeals Credit Card Data Theft Enterprise Corruption People v. Western Express International Inc. No. 156 Judge Lippman Background: The appellants had been indicted for enterprise corruption. There was proof before the grand jury that three ...

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New York State Court of Appeals  Federal Credit Unions Mortgage Recording Tax Hudson Valley Federal Credit Union v. NYS Dept. of Taxation and Finance, et al. No. 154 Judge Graffeo Background: The plaintiff commenced a declaratory action arguing that it was ...

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The state Court of Appeals is grappling with indefinite confinement issues regarding sex offenders who violate the terms of their supervised release after serving their prison sentences. A trial court judge in Onondaga County ruled an inmate at the Onondaga ...

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New York State Court of Appeals Resentencing Deadline — Double Jeopardy People v. Velez; People v. Rodriguez No. 123; 150 Judge Smith Background: Both defendants claim that their resentencings under Corrections Law section 601-d were untimely and invalid. Both defendants ...

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New York State Court of Appeals Stolen Property Returned Notice to Defendant People v. Riley No. 130 Memorandum Background: A few months before the defendant’s trial, the copper pipes he was accused of stealing were returned to their rightful owner without ...

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New York State Court of Appeals Public Benefit Corporation Separate and Distinct Legal Entity Roberts, et al. v. Paterson, et al. No. 120 Judge Read Background: A number of unions representing New York City’s Off-Track Betting corporation brought suit against the ...

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New York State Court of Appeals Wrongful Conviction Fraud Baba-Ali v. State of New York No. 119 Judge Lippman Background: The claimant sought to recover for unjust conviction and imprisonment pursuant to section 8-b of the court of Claims Act. He ...

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New York State Court of Appeals Village Law Village Street vs. Private Road Marchand, et al. v. NYS Dept. of Environmental Conservation No. 131 Judge Smith Background: The plaintiff owns property in the village of Bayville through which runs a ...

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