Search for: "3 NY3d 1"
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6 Oct 2008, 7:06 pm
Since counsel framed the claim exclusively in therms of the United States Constitution that Copurt applied the federal test for IAC set forth in Strickland v Washington (466 US 668); see People v McDonald, 1 NY3d 109, 114-115).On appeal Ms. [read post]
10 May 2024, 6:00 am
"Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral decisions, even where 'an arbitrator has made an error of law or fact' " (Kowaleski, 16 NY3d at 91, quoting Falzone, 15 NY3d at 534; see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). [read post]
10 May 2024, 6:00 am
"Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral decisions, even where 'an arbitrator has made an error of law or fact' " (Kowaleski, 16 NY3d at 91, quoting Falzone, 15 NY3d at 534; see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). [read post]
16 Jun 2023, 6:00 am
Union Local 100 of AFL-CIO, 6 NY3d 265, 270; Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305). [read post]
16 Jun 2023, 6:00 am
Union Local 100 of AFL-CIO, 6 NY3d 265, 270; Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305). [read post]
30 Jan 2008, 6:31 am
Both the First and Second Departments have previously held that CPL 440.30(1-a) does not permit defendants who have pleaded guilty to seek such DNA testing of forensic evidence (People v Lebron, 44 AD3d 310 [2007]; People v Byrdsong, 33 AD3d 175 [2006], lv denied 7 NY3d 900 [2006]). [read post]
14 Jun 2011, 3:12 am
Termination of a probationerMorgan v Kerik, 305 AD2d 288 [2003], lv denied 1 NY3d 507 The New York City Department of Corrections terminated Steven Morgan, a probationary correction officer, without a hearing. [read post]
10 Jan 2016, 7:27 pm
The Court of Appeals, however, has such concerns about the reliability of eyewitness testimony that it has carved out an exception in an eyewitness identification case.In People v LeGrand (8 NY3d 449, 452 [2007]) the Court held that in a case that turns on the accuracy of eyewitness identifications and there is little or no corroborating evidence connecting the defendant to the crime, it constitutes an abuse of discretion as a matter of law for a trial court to exclude expert… [read post]
10 Jan 2016, 7:27 pm
The Court of Appeals, however, has such concerns about the reliability of eyewitness testimony that it has carved out an exception in an eyewitness identification case.In People v LeGrand (8 NY3d 449, 452 [2007]) the Court held that in a case that turns on the accuracy of eyewitness identifications and there is little or no corroborating evidence connecting the defendant to the crime, it constitutes an abuse of discretion as a matter of law for a trial court to exclude expert… [read post]
28 Nov 2023, 6:00 am
Relations Bd., 30 NY3d 109, 114 [2017], quoting Matter of Patrolmen's Benevolent Assn. of City of N.Y., Inc., 6 NY3d at 573).3. [read post]
28 Nov 2023, 6:00 am
Relations Bd., 30 NY3d 109, 114 [2017], quoting Matter of Patrolmen's Benevolent Assn. of City of N.Y., Inc., 6 NY3d at 573).3. [read post]
20 Feb 2009, 5:44 am
Gerry Beyer notes on his blog that New York's new power of attorney law is set to take affect on March 1, 2009 (absent a postponement, which is being considered in Albany).Note that the phrase "attorney-in-fact" has been replaced in the statute and the short form with "agent" -- this is in accordance with the Ferrara decision (7 NY3d 244 (2006)) holding that an attorney-in-fact is a fiduciary and must act in the principal's best interest.Oddly, though,… [read post]
29 Apr 2021, 4:00 am
Were Margerum properly before the court, Plaintiffs' reliance on Margerum for the proposition that no notice of claim is required where the complaint alleges violations of the State and City Human Rights Laws is misplaced "where a notice of claim is required pursuant to Education Law §3813(1)"; and 3. [read post]
29 Apr 2021, 4:00 am
Were Margerum properly before the court, Plaintiffs' reliance on Margerum for the proposition that no notice of claim is required where the complaint alleges violations of the State and City Human Rights Laws is misplaced "where a notice of claim is required pursuant to Education Law §3813(1)"; and 3. [read post]
2 Feb 2025, 3:36 pm
In 2017, the Court of Appeals in People v Leonard (29 NY3d 1, [2017]), reversed a conviction of sexual abuse on a holding that the trial court erred in permitting the People to introduce testimony from the victim about a prior incident in which the defendant allegedly sexually assaulted her in a similar manner, because the evidence was not permissible for the People's proffered Molineux purposes, since intent, sexual gratification, can be inferred from the act and, to the… [read post]
13 Mar 2023, 6:00 am
Relations Bd., 7 NY3d 458). [read post]
13 Mar 2023, 6:00 am
Relations Bd., 7 NY3d 458). [read post]
15 May 2024, 6:00 am
Legislative power in New York is vested in the Senate and Assembly (see NY Const, art III, § 1), whereas executive power is vested in the governor (see NY Const, art IV, § 1). [read post]
15 May 2024, 6:00 am
Legislative power in New York is vested in the Senate and Assembly (see NY Const, art III, § 1), whereas executive power is vested in the governor (see NY Const, art IV, § 1). [read post]
23 Sep 2013, 3:52 am
Cruz, 2011-990 Q CR, NYLJ 1202597502421, at *1 (App. [read post]
