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8 Jan 2024, 4:00 am
., had neglected their four children, an appeal ensued.On its review of the record, the Appellate Division, First Department, noted that the couple’s testimony established that they repeatedly punished A.V., by confining the child, for extended periods, in the child’s room and separating the youngster from siblings and other family members, “resulting in the child having suicidal ideations. [read post]
26 Jun 2023, 11:00 pm
After she was adjudicated by the New York Family Court to be a “juvenile delinquent,” and placed on “Level 1 Probation” for a year, Minayla appealed to the Appellate Division, First Department.Upon its review of the record, the AD1 concluded that there was “legally sufficient evidence” to support that conclusion that, if the act in question had been committed by an adult, it would have constituted a criminal “assault in the third degree. [read post]
30 Oct 2023, 5:00 am
AGREEMENT WASN’T ENFORCEABLE BECAUSE CERTIFICATE OF MARRIAGE WASN’T ACKNOWLEDGEDWhen the parties were married in a religious ceremony, they entered into a “Meher” agreement, wherein the husband promised to pay his spouse $50,000 upon a divorce.When the spouse later tried to enforce that agreement, the husband challenged the legality of the document and the Nassau County Supreme Court ended up siding with him and found no monies were due and payable.On appeal, the… [read post]
15 May 2024, 5:00 am
“URGENT AND NECESSARY REPAIRS” TO UNIT WERE REQUIREDAfter a Judge of the New York County Civil Court Housing Part directed (as part of an enforcement proceeding) that a tenant provide access to her unit, an appeal followed.And on its review of the record, the Appellate Term, First Department, noted that the Housing Part has “expansive jurisdiction” over cases which seek to “enforce proper housing standards. [read post]
9 Jan 2017, 4:51 pm
But the parties’ joint application, in conjunction with the record already filed on appeal, provided the information that should ordinarily be provided in the joint declaration. [read post]
12 Mar 2022, 7:45 am
Making matters worse, FINRA and the SEC seem engaged in a ping-pong game of sending a case up to the federal regulator on appeal and back down to the self-regulator on remand and then back up and then back down and, well, sigh . . .One Day... [read post]
22 Mar 2019, 10:15 am
Solicitor General’s view on whether patents that claim a method of medically treating a patient automatically satisfy Section 101; a jury gives Qualcomm a win in its ongoing patent battle with Apple; the World Intellectual Property Office announces record-breaking totals for international patent applications and cybersquatting actions; Cisco avoids a nearly $60 million damages award at the Federal Circuit; McDonald’s appeals its loss in the EU over its Big Mac… [read post]
8 Jan 2023, 6:55 pm
”Pattis said Friday in a text message that he plans to appeal the discipline and seek a stay of the punishment while he challenges it.You can follow the story her:Courthouse News ServiceCNNAbove the Law [read post]
5 Jul 2016, 11:20 am
Court of Appeals for the D.C. [read post]
23 Feb 2024, 4:00 am
FAILED TO PRESERVE CLAIMS THAT JUDGE WAS “BIASED” OR SHOULD HAVE RECUSED HERSELFAfter a Suffolk County District Court Judicial Hearing Officer (JHO) found him guilty of speeding -- for diving 103 mph in a 55 mph zone -- SFRA appealed claiming that the JHO should have recused herself and was biased.On its review of the record, the Appellate Term, Second Term, noted that SFRA had failed to preserve his objections when he was before the hearing officer and that omission… [read post]
19 Nov 2021, 3:27 am
Then came the appeal. [read post]
21 Sep 2023, 11:00 pm
But the record failed to show that a radar gun was used, or that the officer had the requisite training and experience to visually estimate the rate of speed or to determine whether the speed limit had been exceeded.Given that lapse, the AD4 concluded that the prosecution failed to support the legality of the stop, in the first instance. [read post]
9 Oct 2019, 4:15 am
Court of Appeals for the Federal Circuit decision that reversed a more than $22 million enhanced damages award against Samsung. [read post]
6 Feb 2024, 4:00 am
DEFENDANTS HADN’T COMMITTED A TORTIOUS ACT “WITHIN THE STATE”Because the defendants’ fire doors exposed the decedent to asbestos, a personal-injury case was filed in the New York County Supreme Court.When the defendants’ motion to have the case dismissed for “lack of jurisdiction” was denied, an appeal ensued.And on its review of the record, the Appellate Division, First Department, thought the court below had committed reversible error,… [read post]
3 Feb 2013, 11:55 pm
The claimant never appealed the repayment and Unum terminated any further payments of his disability benefits. [read post]
16 Jun 2020, 2:48 pm
The Court of Appeal, Second Appellate District, Division Four, will be holding video oral argument for the duration of the COVID-19 emergency. [read post]
23 May 2018, 12:39 pm
And he's got a prior record. [read post]
15 Sep 2021, 6:06 am
The FOIA Project aims to “provide the public with timely and complete information about every instance in which the federal government grants or withholds records” requested under the Freedom of Information Act (FOIA). [read post]
7 May 2018, 12:55 pm
"The Moskovitz on Appeals column is Should lawyers 'make up' stories? [read post]
2 Oct 2014, 4:10 am
The claim comes in the context of Miller's appeal of his conviction for forging his AA attendance documents. [read post]
