Saturday, May 1, 2010

April 29, 2010

People v. Rolle
Permitting defendant to proceed pro se | CPL 190.50 | Map/Dunaway | chain of custody | weight and sufficiency | harsh and excessive sentence

People v. French
Imposition of enhanced sentence without a hearing

People v. Burdick
Business records exception | weight and sufficiency

People v. Trombley
Burden of establishing existence of cooperation agreement | Post-commencement Sandoval modification

Matter of Torkildsen v. Torkildsen
Out-of-state relocation of children

Matter of Destiny UU
Required corroboration of child's out-of-court abuse allegation

Armstrong v. Armstrong
Discovery delay | Cruel and Inhuman Treatment | Imputing income for Support | Co-mingling some separate property does not transform all property to marital property | Maintenance | Counsel Fees

Matter of Schneider v. Lascher
Relocation and Custody

Matter of Anthony Y.
Neglect - permitting sex offender to have unsupervised access to children

Matter of Hiser v. Richmor Aviation, Inc.
Matter of Whiteman v. Richmor Aviation, Inc.
Workers' Comp Law sec. 29 only applicable when settlement is based in some measure on fault.

Matter of Shelly RR. v. Frank SS.
Punching son in the eye constituted family offense

Matter of Mary MM.
Permanent Neglect | Agency's diligent efforts to maintain contact and prepare child's future | Parent's failure to provide healthy living environment | Parent's limited intellect did not excuse neglect

Matter of Michaela PP.
Termination of parental rights: Abandonment | Sporadic contact insufficient to defeat finding of abandonment

Matter of Marcklinger v. Liebert
Support Magistrate must articulate a reason for measuring child support in excess of $80,000 of CPI

Matter of Chambers v. Renaud
Visitation with incarcerated parent | Summary dismissal of petition seeking to prevent relocation erroneous

Matter of McKenney v. Westervelt
Family Court's refusal to grant adjournment constituted reversible error

Matter of County of Cortland [Miller]
EDTL and not Highway Law sec. 106 must be used to effectuate a taking | "de minimis" exception from EDTL does not refer simply to the size of the parcel sought to be taken

Matter of Charles E. v. Frank E.
Family offense petition properly dismissed

Garrison v. Lapine
Challenge to amount of damages awarded

Jeune v. Peerless Insurance Company
Insurance company may only disclaim on homeowner's insurance policy based upon material misrepresentation | Misrepresentation only deemed material if, had it been known, it would have led to a refusal to insure

Matter of Wood v. County of Cortland
Election Law sec. 3-204 | Appointment of Election Commissioner

Cease v. Cease
Property acquired during marriage | Separate property/Marital Property

MacDonald v. Gutman
Attorney malpractice | Speculation of loss is insufficient to establish prima facie case of malpractice

Page v. State of New York


Beesmer v. Besicorp Development


Matter of Grasso and Grasso

Matter of Boatman v. New York State Dept of Education

Matter of County of Sullivan v. Town of Tusten

Vanderwerken v. Bellinger

Matter of Village of Delhi v. Town of Delhi

Matter of Carriero v. Town Board of the Town of Stillwater

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