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30 Jan 2014, 4:00 am
The Education Law §3811(1), said the court, requires the school district defend Teacher in a civil actions arising out of the exercise of his duties and indemnify him from any resulting damages. [read post]
11 May 2022, 4:00 am
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
1 Mar 2019, 4:04 am
In Architect v Kodsi, 2019 NY Slip Op 01398 Decided on February 27, 2019 Appellate Division, Second Department the contract called for a 1 year contractual statute of limitations. [read post]
26 Dec 2013, 5:01 pm
With all this said, the District Attorney's Office charged the defendant with one count of Official Misconduct (NY PL 195.00) based solely upon the video recording made during Noonan's arrest; thus, the Court limited their analysis to the video. [read post]
17 Nov 2013, 10:32 am
Afterward, a police officer attempted to place the defendant under arrest, but the defendant ran 1-½ city blocks, refusing to be handcuffed. [read post]
3 Jan 2009, 12:54 am
In a reminder that there are real risks to appealing when a defendant received a sentence less than the law requires, the Fourth Department in People v Allen, 2008 NY Slip Op 10267 [12/21/08] held that the sentence was unlawfully short and remitted the case for resentencing. [read post]
6 Sep 2023, 8:46 am
‘When the state law …The post Selling cocaine in NY is not a “serious drug offense” under ACCA appeared first on Federal Defenders of New York Blog. [read post]
29 Mar 2019, 4:00 am
" Other procedural defects noted by the Appellate Division:1. [read post]
29 Mar 2019, 4:00 am
" Other procedural defects noted by the Appellate Division:1. [read post]
11 Nov 2016, 9:53 am
Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) -- a decision I had labeled a "huge success for the criminal defense bar" in an October blog post.In People v Catu, the New York Court of Appeals held that the court must advise a defendant of the post-release supervision (PRS) component… [read post]
3 Nov 2012, 11:40 am
Jose Barreiro, 2012KN013315, NYLJ 1202576305750, at *1 (Crim., KI, Decided October 18, 2012), the defendant was charged with multiple crimes including those listed above. [read post]
6 Feb 2023, 4:52 am
Care, P.C. v Gusrae Kaplan Nusbaum, PLLC 2023 NY Slip Op 00408 Decided on February 1, 2023 Appellate Division, Second Department the legal malpractice case was lost on discovery errors in the actual case itself. [read post]
22 Sep 2014, 3:00 am
§ 1595a(c)(1)(A), the statute that prohibits stolen, smuggled, or clandestinely imported goods from being introduced into the U.S.The district court in Brooklyn is expected to approve the stipulation.In July, a federal district court in Albany, NY forfeited two other antiquities appearing in the Becchina archive in the unrelated case of United States v. [read post]
23 Jan 2018, 1:55 pm
February 12, 12:10-1:10 PM, Columbia Law School, New York, NY: "The Free Market Conservative Case for Open Borders Immigration. [read post]
15 Apr 2024, 5:49 pm
Plaintiff filed his Complaint in this Court on November 1, 2023…. [read post]
20 Dec 2017, 1:32 pm
" (CJI 2d [NY] Identification [One Witness]; CJI 2d [NY] Identification [Witness Plus]).People v Boone, 2017 N.Y. [read post]
17 Oct 2008, 11:32 am
Duty to defend and indemnify an employee being sued triggered by allegations of misconduct related to the performance of official dutiesDreyer v City of Saratoga Springs, 2006 NY Slip Op 52618(U), Supreme Court, Saratoga County, Nolan, J. [read post]
13 Feb 2012, 11:24 am
” NY Const. [read post]
25 May 2018, 10:26 am
LEXIS 3732 *; 2018 NY Slip Op 03745 ** [**1] Lawrence Boliak, et al., Plaintiffs-Appellants, v Father Michael P. [read post]