A state appeals court has ordered a new trial in a sex abuse case because of testimony that should not have been allowed.

Tagged with: Third Department

A New York appeals court ordered a new trial for a disbarred attorney who represented himself because the judge didn't explain dangers of not using a lawyer.

Tagged with: Third Department

A state appeals court has reversed a 2018 conviction for criminal possession of forgery devices and suppressed key evidence in the case.

Tagged with: Eduardo Crosse Third Department

The Appellate Division of state Supreme Court, Third Department, has sent a case involving a paternity question back to Schenectady County Family Court due to ineffective assistance of counsel by the attorney representing the child. In August 2016, the Schenectady ...

Tagged with: equitable estoppel Family Court Third Department

The New York State Court of Appeals has decided that a policy that prohibits double dipping by state Supreme Court justices is legal and constitutional. Three state Supreme Court justices challenged the policy that wouldn’t let them stay on the ...

Tagged with: New York Court of Appeals Third Department

ALBANY — The Appellate Division, Third Department has rejected claims that New York’s new gun law violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia. The decision Wednesday upheld a judge’s ...

Tagged with: Appellate Division Third Department

ALBANY — Backers of natural gas drilling and environmental advocates wrangled Thursday over whether New York’s towns have the legal right to ban oil and gas development in a fight that could ultimately be decided by the state’s highest court. ...

Tagged with: Appellate Division arguments natural gas drilling Third Department

The way the state Tax Appeals Tribunal has been interpreting provisions of state tax laws on industrial development erodes its goal of fostering economic development, according to two recent decisions by the Appellate Division, Third Department. Two area companies, represented ...

Tagged with: Appellate Division Department of Taxation and Finance Third Department

An attorney who viewed, handled and photographed a document on the opposing counsel’s table in his absence should be publicly censured, the Appellate Division, Third Department has ruled, In the Matter of Kindlon, No. D-43-12. Sept. 27. The attorney represented ...

Tagged with: Appellate Division photography Third Department

Justice Karen K. Peters was appointed to serve as the presiding justice of the Appellate Division of the Supreme Court for the Third Judicial Department by Gov. Andrew M. Cuomo on Thursday. Justice Peters is the first woman elected a ...

Tagged with: Appellate Division Gov. Andrew Cuomo Third Department

It is likely there will be no Independence Party candidates for supreme court in the Fifth Judicial District. The Appellate Division, Third Department, has ruled that the party’s Sept. 25 judicial convention lacked an adequate number of delegates. By law, supreme court justice candidates ...

Tagged with: Appellate Division judgment Supreme Court Third Department

Same-sex couples whose out-of-state, legally recognized relationships failed may formally dissolve them in New York courts. While New York has recognized civil unions from other states, it hasn’t been clear whether those relationships could be dissolved in New York or if couples would have to return to the jurisdiction ...

Tagged with: Appellate Division Third Department