ALBANY — The New York State Court of Appeals ruled Tuesday that a woman whose lesbian partner gave birth following their civil union in Vermont has parental rights, including visitation.
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Read More »May 4, 2010 Comments Off on COA backs lesbian seeking visitation
ALBANY — The New York State Court of Appeals ruled Tuesday that a woman whose lesbian partner gave birth following their civil union in Vermont has parental rights, including visitation.
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Read More »May 4, 2010 Comments Off on Fourth Amendment: People v. McBride
New York State Court of Appeals Fourth Amendment Exigent Circumstances People v. McBride No. 70 Appealed from the First Department Background: The primary issue presented by the appeal is whether the defendant’s constitutional right to be free from an unlawful ...
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Read More »May 4, 2010 Comments Off on Divorce: Howard S. v. Lillian S.
New York State Court of Appeals Divorce Marital Fault Howard S. v. Lillian S. No. 71 Appealed from the First Department Background: The dispute in the matrimonial action centers on the extent of discovery that should be permitted into issues ...
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Read More »May 3, 2010 Comments Off on Sentencing: People v. Acevedo
New York State Court of Appeals Sentencing Concurrent or Consecutive Terms People v. Acevedo No. 64 Appealed from the Second Department] Background: On Nov. 7, 1997, the county court rendered judgment convicting the defendant of criminal possession of a controlled ...
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Read More »May 3, 2010 Comments Off on Statute of Limitations: Portfolio Recovery Associates LLC v. King
New York State Court of Appeals Statute of Limitations Choice of Forum — Forum Shopping Portfolio Recovery Associates LLC v. King No. 46 Appealed from the Third Department Background: In April 1989, defendant Jared King, then a resident of Connecticut, ...
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Read More »April 12, 2010 Comments Off on Jury Instructions: People v. Cruz
New York State Court of Appeals Jury Instructions People v. Cruz No. 52 Appealed from the Second Department Background: The defendant was charged with two counts of assault for allegedly stabbing two men during a brawl outside of a bar. ...
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Read More »April 9, 2010 Comments Off on Evidence: Linton v. Nawaz
New York State Court of Appeals Evidence Linton v. Nawaz No. 122 SSM 8 Appealed from the First Department Background: In a personal injury case in which a taxi struck the plaintiff, the plaintiff’s evidence relating to injuries to his ...
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Read More »April 9, 2010 Comments Off on Jury Communications: People v. Kadarko
New York State Court of Appeals Jury Communications Note to Judge People v. Kadarko No. 54 Appealed from the First Department Background: The defendant was indicted and tried for allegedly robbing food deliverymen on five separate occasions. During the course ...
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Read More »April 9, 2010 Comments Off on Asset Purchase Agreement: American Standard Inc. v. OakFabco Inc.
New York State Court of Appeals Asset Purchase Agreement Successor Business Owner — Contracted Tort Liability American Standard Inc. v. OakFabco Inc. No. 44 Appealed from the First Department Background: At issue is whether the buyer of a boiler business ...
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Read More »April 8, 2010 Comments Off on Sex Offenders: People v. Pettigrew
New York State Court of Appeals Sex Offenders Use of Dangerous Instrument People v. Pettigrew No. 51 Appealed from the First Department Background: At issue before the court is whether the prosecution proved by clear and convincing evidence that the ...
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Read More »April 8, 2010 Comments Off on Evidence: People v. Caban
New York State Court of Appeals Evidence License Suspension — Negligent Homicide People v. Caban No. 42 Appealed from the First Department Background: The defendant, while backing her car, hit and killed a pedestrian. At the time, the defendant’s license ...
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Read More »April 7, 2010 Comments Off on Nursing homes not open to lawyers: COA
New York’s top court has refused to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for their rights to treatment alternatives, living conditions or even release.
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