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Failure to State The Obvious Might Constitute Ineffective Assistance of Counsel

22 Oct 2013, 6:59 pm by Brian Shiffrin

byJames Eckert, Assistant Monroe County Public Defender When dealing with a Hearing Court who knows what the law is, there is a real temptation to simply ask the right questions knowing that the judge knows what the argument is as a result. [read post]

New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/

Applying the Vehicle and Traffic Law's qualified statutory privilege available to drivers of emergency vehicles involved in an accident

13 Dec 2018, 4:30 am by Public Employment Law Press

" Any other injury-causing conduct of such a driver, said the court, is governed by the principles of ordinary negligence, citing Kabir v County of Monroe, 16 NY3d 217.The Appellate Division said that Yonkers, in support of its motion for summary judgment, had submitted evidence, including a surveillance video of the accident and deposition transcripts sufficient to show that, at the time of the accident, the police officer was operating an authorized emergency… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

A public employee’s First Amendment right of free speech involving matters of public concern is subject to the Pickering Balancing Test

23 Sep 2015, 4:00 am by The Public Employment Law Press

”When the Central Bucks School District, a school district in Pennsylvania [Respondent] terminated Natalie Monroe [Teacher] from her teaching position, she sued the District alleging “First Amendment retaliation. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Recent Recklessness Decisions of Note

22 Sep 2021, 5:00 am

Monroe Co. [read post]

Tort Talk - http://www.torttalk.com/

Efforts to annul the determination of the New York State Division of Human Rights dismissing petitioner's complaint alleging unlawful discrimination rejected

7 Jul 2023, 6:00 am by Public Employment Law Press

Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Sam L. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Efforts to annul the determination of the New York State Division of Human Rights dismissing petitioner's complaint alleging unlawful discrimination rejected

7 Jul 2023, 6:00 am by Public Employment Law Press

Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Sam L. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

MSC Order List: March 28, 2012

29 Mar 2012, 2:14 pm by Julie Lam

In lieu of granting leave in Scion, Inc. v. [read post]

One Court of Justice - http://www.ocjblog.com

The 50th Anniversary of Gideon v. Wainwright

18 Mar 2013, 2:01 pm by Patrick S. O'Donnell

” As Monroe H. [read post]

Ratio Juris - http://ratiojuris.blogspot.com/

NEW YORK SEARCH AND SEIZURE LAW - OFFICER’S OBSERVATION OF KNOWN MALE PROSTITUTE ENTERING VEHICLE IMPROPER BASIS FOR STOP OF VEHICLE. EVIDENCE OF INTOXICATION SUPPRESSED.

1 Feb 2010, 1:45 pm by John Campbell

In People v. [read post]