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24 Sep 2009, 4:47 pm
The dissenting justices disagreed, reasoning that the statement only corroborated lesser crimes and not the crimes charged. [read post]
21 Jun 2019, 1:30 pm
The question at issue in NC Dept. of Revenue v. [read post]
20 Jul 2007, 6:50 am
""It appears to me that the Police Dept. was so excited to get rid of this case" to Nifong "that they just handed it to him" and "Pontius Pilate-d it. [read post]
5 Jun 2012, 4:56 am
A court order must be “clear and unequivocal” in order to hold a party in contempt for its alleged “failing to comply” Storman v New York City Dept. of Educ., 2012 NY Slip Op 04217, Appellate Division, First Department Supreme Court granted, among other things, a motion to hold the New York City Department of Education (DOE) in contempt for its alleged failure to comply with a judgment. [read post]
27 Jun 2008, 11:43 am
Term, 2nd Dept., decided 4/3/2008)Although issued on April 3rd, this decision just hit the New York State Law Reporting Bureau's website this morning.Allstate moved for summary judgment to dismiss plaintiff's recovery action based on it having already been adjudicated in Multiquest, P.L.L.C. v Allstate Ins. [read post]
12 Feb 2015, 9:15 pm
Daniel Fisher recounts oral argument in the case of Texas Dept. of Housing vs. [read post]
19 Jan 2011, 4:10 am
Denial of an Article 75 petition to vacate an arbitration award requires that the court confirm the awardMatter of Perilli v New York State Dept. of Correctional Servs., 2011 NY Slip Op 00229, Appellate Division, Second DepartmentJohn Perilli appealed an order of the Supreme Court that denied his Article 75 petition challenging an arbitration award. [read post]
23 Mar 2009, 3:18 pm
Despite this failure to preserve this issue, the Fourth Department reversed the conviction in the interests of justice. [read post]
6 Aug 2010, 6:53 am
(Shannon Duffy, "Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge", Legal Intelligencer, Aug. 6; White & Williams press release, Aug. 5; Simple Justice blog). [read post]
21 Nov 2007, 10:06 am
Dept. of Corrections (available here) is particularly interesting and could garner US Supreme Court attention: the court finds a takings problem with the law. [read post]
18 Nov 2008, 7:31 pm
In People v Workman (2008 NY Slip Op 08801 [4th Dept 11/18/08]) the Court held that the trial court erred in admitting in evidence the testimony of the boyfriend of the victim concerning her disclosure of the sexual abuse two years after the last incident of abuse. [read post]
17 May 2009, 9:10 pm
Placement on a "special military list" for appointment to a position in the competitive class following military serviceMatter of Woods v New York City Dept. of Citywide Admin. [read post]
12 Oct 2009, 6:04 am
Brown (1st Dept., decided 10/8/2009) This is a troubling decision. [read post]
10 May 2024, 6:00 am
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 6:00 am
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
23 Aug 2013, 7:00 am
Additional Resources: Justice Dept. [read post]
11 Apr 2023, 6:00 am
., LLC, 119 AD3d 45, 54 [2d Dept 2014]; see Frank M. [read post]
8 Aug 2024, 6:00 am
LLC, 173 AD3d 1298, 1303 [3d Dept 2019] [internal quotation marks, brackets and citations omitted]; see Matter of Anonymous v New York State Justice Ctr. for the Protection of People with Special Needs, 195 AD3d 1137, 1138-1139 [3d Dept 2021]). [read post]
8 Aug 2024, 6:00 am
LLC, 173 AD3d 1298, 1303 [3d Dept 2019] [internal quotation marks, brackets and citations omitted]; see Matter of Anonymous v New York State Justice Ctr. for the Protection of People with Special Needs, 195 AD3d 1137, 1138-1139 [3d Dept 2021]). [read post]
11 Apr 2023, 6:00 am
., LLC, 119 AD3d 45, 54 [2d Dept 2014]; see Frank M. [read post]
