Month: December 2012

New York Court of Appeals: People v. Solomon

This case dealt with the question of whether a lawyer can, with the consent of his client, represent both his client, and, in an unrelated matter, one of the prosecution’s witnesses against his original client. The defendant in this case,

Posted in Article Archive, Court Watch, New York Court of Appeals, Professional Responsibility Tagged with: , , , , ,

New York Court of Appeals: In the Matter of Galasso

Respondent, Peter J. Galasso, was a partner at the law firm Galasso & Langione, LLP.  Anthony Galasso, the respondent’s brother, worked as the firm’s bookkeeper and office manager.  Over a period of three years, Anthony Galasso misappropriated funds from and

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4th Department: Burns v. Carballada

Deborah Burns and Bruce Henry were found guilty of violating a Rochester City Code section which held that an owner of property must have a Certificate of Occupancy (“CO”), which must be renewed every six years.  The City relied on

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Zoning and Land Use Tagged with: , , , ,

4th Department: People v. Philippe

This case involved an appeal from a conviction for three counts of criminal possession of a forged instrument in the second degree and one count of reckless endangerment in the first degree.  The defendant led law enforcement on a chase

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Criminal Law Tagged with: , , , , , ,

New York Court of Appeals: Hudson Valley Federal Credit Union v. New York State Department of Taxation and Finance

The issue before the Court of Appeals was whether mortgages issued by federal credit unions were subject to the New York state mortgage recording tax (“MRT”) under article 11 of the Tax Law.  The plaintiff, Hudson Valley Federal Credit Union

Posted in Article Archive, Court Watch, New York Court of Appeals, Tax Law

New York Court of Appeals: People v. Garcia

The Court in this case considered whether a police officer must have reasonable suspicion to ask the occupants of a lawfully-stopped vehicle whether they possess any weapons.  The Court extended its holding from Debour and Hollman (holding that the common

Posted in Article Archive, Court Watch, Criminal Law, New York Court of Appeals Tagged with: , , , , , ,

4th Department: Gress v. Brown

The New York State Legislature enacted the Buffalo Fiscal Stability Authority Act (“the Act”) in 2003 to respond to Buffalo’s regular and “untenable” reliance upon state aid to stabilize its budget.  Pursuant to the Act, the Buffalo Fiscal Stability Authority

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Labor and Employment Law Tagged with: , , , , ,

New York Court of Appeals: Bitachatchi v. Board of Trustees of New York City of Police Department Pension Fund

In this case, the Court considered three consolidated appeals, each addressing a police officer that responded to provide assistance at the World Trade Center (“WTC”) following the attacks on September 11, 2001.  The three appeals included two officers who sought

Posted in Administrative Law, Article Archive, Court Watch, New York Court of Appeals Tagged with: , , , ,