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Court of Appeals of New York - February 2013 Opinion Summaries

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Description Date Docket #

In the Matter of New York State Office of Victim Services v. Raucci

Court of Appeals of New York
Administrative Law, Criminal Law & Procedure, Remedies
Order diverting defendant's pension payments to defendant' inmate account pursuant to the Son of Sam Law, where they can be frozen and kept available...
02/19/2013 6

People v. Pealer

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Records pertaining to the routine inspection, maintenance and calibration of breathalyzer machines can be offered as evidence in a criminal trial...
02/19/2013 9

People v. Vasquez

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Conviction for attempted robbery and menacing and possession of a weapon are affirmed, where defendant's trial counsel was not ineffective for failing...
02/19/2013 24

In the Matter of M.G.M. Insulation, Inc. v. Gardner

Court of Appeals of New York
Administrative Law, Contracts, Labor & Employment Law
The prevailing wage requirement of N.Y. Labor Law section 220 is not applicable to a construction contract entered into by the Bath Volunteer Fire...
02/19/2013 4

In the Matter of Beck-Nichols v. Bianco

Court of Appeals of New York
Administrative Law, Constitutional Law, Education Law, Labor & Employment Law
In challenge to defendant's residency policy that District personnel are expected to be domiciled in Niagara Falls: 1) the policy and its implementing...
02/19/2013 20

Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead

Court of Appeals of New York
Banking Law, Property Law & Real Estate
A zoning measure that prohibits check cashing establishments in a town's business district is invalid, because it violates the principle that zoning...
02/14/2013 12

People v. Abreu

Court of Appeals of New York
Criminal Law & Procedure, Sentencing, Evidence
Convictions and sentence are affirmed, where: 1) defendant completed the offense of second-degree weapon possession before committing the act...
02/14/2013 82 SSM 42

In the Matter of Ward v. City of Long Beach

Court of Appeals of New York
Administrative Law, Constitutional Law, Government Benefits, Government Law
Order requiring City to pay petitioner his requested supplemental disability pension benefits is affirmed, where: 1) petitioner was given no notice of...
02/14/2013 3

Auqui v. Seven Thirty One Limited Partnership

Court of Appeals of New York
Administrative Law, Civil Procedure, Injury & Tort Law, Workers' Compensation
Order granting defendants' motion to preclude plaintiffs from litigating, in his personal injury action, the issue of plaintiff Verdugo's...
02/14/2013 18

Fundamental Long Term Care Holdings, LLC v. Cammeby's Funding LLC

Court of Appeals of New York
Commercial Law, Contracts, Evidence, Securities Law
Order declaring that the parties' Option Agreement unambiguously granted defendant the right to acquire a one-third interest in plaintiff upon payment...
02/14/2013 11-2252

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