A single mother and her five children, three of whom are adults, can be evicted from public housing despite there being no evidence she knew about the drugs and loaded gun found in their apartment by police.
This Week's News
Gov. Andrew Cuomo on Tuesday filled three of the five vacancies on the depleted Appellate Division, Third Department, but left the court short two judges and without any minority representation. He also named one judge each to the Second and Fourth Departments.
A Manhattan Supreme Court justice declined to block a transfer of air rights over the Art Students League of New York's historic building on West 57th Street, enabling construction of a 1,440 foot-high luxury residential tower.
The Sixth Amendment requires courts to provide reasonable accommodations to hearing-impaired defendants equal to the severity of their impairment, but "perfection is not required," the Second Circuit has ruled, because it's the defendant's responsibility to tell the court about any impairment.
Newly public documents in the high-profile wrongful conviction case of Jabbar Collins show former Brooklyn District Attorney Charles Hynes has long believed the man is not guilty, and also that the district attorney's office held reluctant witnesses in custody.
A party asked to produce remotely stored emails in "native format" should do more than just forward them to preserve the original data, a federal judge has held, but declined to hold the party in contempt for failing to do so.
The owners of 42 rent-regulated buildings in New York City have agreed to extend more than $1 million in rent credits to nearly 1,700 tenants under a settlement with Attorney General Eric Schneiderman.
A bankruptcy judge has eliminated some of Dewey & LeBoeuf's defenses to a suit filed by a former staff member claiming that firm layoffs in May 2012 violated Worker Adjustment and Retraining Notification Acts.
Manhattan Assistant District Attorney Peirce Moser, who is heading the team prosecuting four former Dewey & LeBoeuf lawyers for financial fraud, has been appointed as chief of the office's Tax Crimes Unit.
Attorneys Feng Ling Liu and Vanessa Bandrich were convicted Monday of conspiracy to commit immigration fraud by rigging asylum applications with deceptive information on the persecution applicants suffered in their native lands.
Several creditors of Jacoby & Meyers Bankruptcy LLP, including solo practitioners who claim the firm hasn't paid them for their appearance work, filed in the Southern District, but the firm says its New York location was only a satellite office and its operations are all in Chicago.
Joseph Romano was sentenced Monday after being convicted of plotting to behead and dismember an Eastern District judge and prosecutor as revenge for their roles in convicting him in an earlier coin-fraud case.
The new dean at Pace Law School in White Plains, David Yassky says he plans to help students meet the challenges of a profession that is changing faster than ever, and those who have met him and worked with him say he won't hesitate to push the limits to do so.
The Nassau County Police Department's blanket assertion of an ongoing investigation falls far short of any justification for withholding records from the family of a college student inadvertently shot and killed by an officer, a judge has held.
Brown Rudnick has rescinded offers to 10 associates scheduled to join the firm this fall. The firm had planned to hire 23 new associates, many of them in its New York and Boston offices.
New York City's Department of Housing Preservation and Development cannot reconsider its decision to give a four-bedroom subsidized co-op to a family of five, against its normal rules, because the other family challenging the decision has no standing to sue, a state appeals court recently found.
A debate is renewed annually in Albany over §§240/241 of the Labor Law, with developers and business groups arguing for repeal and trial attorneys and construction trades unions claiming the worker protections in the law are still valuable.
A jury was chosen Monday for the federal trial of an Egyptian Islamic preacher extradited from Great Britain on charges he conspired to support al Qaida, setting the stage for the second major terrorism trial in Manhattan in two months.
A workers' compensation recipient did not forfeit his entitlement to benefits when he was convicted of first-degree sexual abuse and sentenced to 10 years probation, an upstate appeals court determined.
Employees of a Rochester communications company who were designated "writers" but denied they performed the sort of creative work that would exempt them from overtime have persuaded a Western District judge to certify a class action against their employer.
The Onondaga Indian Nation says it plans to file a petition asking the Inter-American Commission on Human Rights to declare that the U.S. government's decision not to hear its lawsuit asking for the return of 2.5 million acres in upstate New York violates international human rights agreements.
As in the case against recently-convicted Sulaiman Abu Ghayth, jurors in Mustafa Kamel Mustafa's trial will see images of the Sept. 11 attacks, the bombing of the U.S.S. Cole and pictures of the late Osama bin Laden. But there are several differences between the two trials that begin with the proximity of the defendants to bin Laden.
Nearly two years after the Court of Appeals found that a custodial parent could be held criminally responsible for kidnapping his or her own child, a trial judge in Manhattan has upheld charges against a woman who locked her five children in a room with her for 80 minutes.
A man who said the reason he had a gun when stopped by city police in the subway was that he was on his way to collect a reward for turning over the firearm has, nevertheless, lost a bid to overturn his federal weapons possession conviction.
A six-lawyer Brooklyn firm that assigned a law student and junior associate to a client's case has been barred from collecting its legal fee by a Brooklyn judge who said the firm's bills were "overly broad, padded, excessive and unreasonable."
Governor Andrew Cuomo on Friday signed the $1.81 billion Judiciary budget, leaving completely intact the spending plan proposed by the Office of Court Administration, including funding for 20 new Family Court judges.
The state court system and a union representing nearly 40 percent of its workforce have tentatively reached agreement on a contract that will boost pay 6 percent in three increments over the next two years.
Somewhat grudgingly, a federal judge in New York tossed claims that American Express, Discover and other companies used meetings organized by lawyers at Wilmer and Ballard Spahr to cook up a conspiracy to preempt consumer class actions.
Kenneth B. Schwartz of Huntington and Helene Stetch of Lindenhurst have been indicted for allegedly bilking homeowners, lenders and others out of more than $1 million in a mortgage fraud scheme between October 2008 and May 2010.
A state judge has dismissed a lawsuit by former students of a elite Brooklyn prep school against the school's outside counsel at O'Melveny & Myers for allegedly trying to "deceive" a federal court in a now-settled action challenging the school for an alleged covering up sexual abuse by a coach.
A fishing boat based in Port Jefferson, Suffolk County, is off the hook for the sales taxes its owner paid on the purchase of two vessels in his charter fleet.
More than 1,000 people attended 2014 annual photography and auction benefit for Her Justice on Thursday, which raised more than $2.2 million.
A judge has ordered a defendant to spend 30 days in jail for civil contempt for weaving a "tapestry of deceit" to conceal his violation of a court order not to move a prized Mercedes Benz that is central to a fraud case.
In one of several offshoots of a lengthy and continuing civil fraud prosecution against two former executives of AIG, the Third Department has held that a government entity's internal communications on press strategy are not subject to the Freedom of Information Law.
An upstate bankruptcy lawyer who makes his living holding creditors' feet to the fire for procedural violations has drawn the scorn of a federal judge who suggested the attorney lured a bank into a trap in order to collect a fee.
U.S. prosecutors are taking the remaining files of New York's anti-corruption commission as the panel shuts down, and they plan to complete the state investigations, Southern District U.S. Attorney Preet Bharara said Thursday.
The state Department of Health acted "clearly outside" its function when it imposed conflict of interest regulations and cost caps on childhood early intervention providers that had been rejected by the Legislature, a Nassau judge has determined.
The once high-flying hedge fund SAC Capital was sentenced on criminal fraud charges Thursday under a $1.8 billion deal that prosecutors say included the largest criminal fine ever imposed in an insider trading case.
A golfer who was injured when his cart flipped over while he drove down a slippery slope may sue course operators, an upstate appeals court decided Thursday.
Merrill Rubin pleaded guilty to third-degree criminal tax fraud, while Mengfei Yu was one of 30 defendants, including 8 lawyers, charged in a scheme arising from thousands of fraudulent asylum requests from Chinese applicants.
According to the Nassau County District Attorney's office, Matthew Kogan of Syosset put a $32,500 settlement in his firm's operating account rather than an escrow account and used it for professional expenses like credit card payments.
A man convicted of committing a criminal sex act is entitled to a new trial because the judge should have given an intoxication charge to the jury, a Brooklyn appellate court has ruled.
Labor lawyers are skeptical that a decision by a National Labor Relations Board official in Chicago giving 85 football players on scholarship at Northwestern University a green light to unionize would survive judicial scrutiny.
The City Bar Justice Center's ninth annual gala honored Wachtell, Lipton, Rosen & Katz and UBS for their leadership and dedication to pro bono and public service, and raised a record $1.3 million.
A Queens man may legally adopt his husband's biological twins even though they were born to a woman under a surrogacy agreement that is illegal in New York state, a Family Court judge determined.
It all started with a phone call in 1992, when attorney Scott Fein was contacted by civil rights activists about a peculiar incident up in Oneonta, where police stopped every black person they could find in the little college town over a five day period.
Cocaine and guns seized from a man's home in Queens will be kept out of evidence because police used a warrant that didn't specifically identify the apartment to be searched.
After analyzing a 2010 tax on sales of certain stock using the three factors for deciding whether a tax statute could be retroactive the Court of Appeals laid out in 2013, the First Department said applying the tax to a 2007 sale would violate taxpayers' due process rights.
Attorney Randall Cutler was staying at his parents' home, which lost electricity after Hurricane Sandy, when he became involved in a dispute with his brother and sister-in-law over the use of a generator. When police were called to the scene on reports of a domestic dispute, they found five firearms.
Governor Andrew Cuomo on Wednesday appointed a 16-member commission to provide "concrete, actionable recommendations" on juvenile justice, with the aim of raising the age of criminal responsibility.
Jane Sherburne is handing over the reins of senior executive vice president and general counsel of The Bank of New York Mellon Corporation to J. Kevin McCarthy, who will assume the post on April 15.
Residents of a 1,700-unit Battery Park City rental complex are suing their landlord, The LeFrak Organization, for allegedly failing to provide adequate heat in winter.
Brooklyn District Attorney Kenneth Thompson has tapped Assistant District Attorney Maritza Mejia-Ming to head a newly-created unit that will press cases where immigrant communities are targets of fraud.
A former NYPD detective who said his career was ruined because he was labeled a "rat" by other officers after he reported allegations of misconduct to the Internal Affairs Bureau has reached a settlement with the city.
It's a U.S. Supreme Court argument like none you've ever seen: justices scooting around on their chairs like whirling dervishes, advocates pushing their lecterns back and forth, one lawyer even orating and dancing—briefly—without benefit of clothing. At one point, two justices hold a side conference that looks a lot like making out.
American Bar Association President James Silkenat said he wants to convince members of Congress this week that the leading tax reform proposals on Capitol Hill would harm not only law firms and lawyers but also the businesses and other clients who hire them.
The annual gala of the New York Legal Assistance Group, which provides legal services to more than 65,000 low-income New Yorkers each year, was held Tuesday at the Waldorf Astoria Hotel.
Eastern District Bankruptcy Judge Dorothy Eisenberg and her colleagues celebrated her retirement after 25 years on the bench during an April 7 reception and dinner.
The Second Circuit has certified a question asking the state's highest court to wrestle with Judiciary Law §470, which requires nonresident attorneys to maintain an "office for the transaction of law business" as the price of practicing here.
Holwell Shuster & Goldberg has added John DiMatteo as a partner to lead the firm's intellectual property practice, among other news of moves and promotions.
The reality of the modern financial world is that most significant financial transactions must pass through New York in some way, and New York courts are not obligated to entertain every fraud case arising from them, the Court of Appeals said in dismissing a suit on forum non conveniens grounds.
A former AIG executive who has spent nearly seven years attempting to obtain Eliot Spitzer's private emails has issued something of a dare to the onetime attorney general and governor: If you insist there are no such emails, say so under oath.
The wife of a state police investigator was not unfairly denied disability retirement because he died seven minutes before his application for benefits was received by the state, a divided appeals court has determined.
A pilot program to provide unrepresented litigants emotional support in a stressful process and link them to resources has begun, but some housing attorneys are not convinced of the program's benefits, saying they are skeptical of an arrangement that temporarily links nonlawyers with litigants.
The in-house lawyers at General Motors Co. are slowly being pulled into the public questions over its ignition switch recall—what did they know about the fatal defect, when did they know it, who did they tell, and how are they going to handle the whole mess now?
Brooklyn District Attorney Kenneth Thompson has named Ronald Sullivan Jr. special counsel to the district attorney and chief of the conviction review unit, which has the closely watched task of reviewing convictions secured under Thompson's predecessors that have come under question.
Carol Robles-Román, former deputy mayor for legal affairs and counsel to Mayor Michael Bloomberg, will become president and CEO of Legal Momentum, a national nonprofit that advances the rights of women and girls, the group announced Tuesday. She starts April 21.
The First Department has declined to reconsider a decision it made two months ago when it refused to remove Manhattan Supreme Court Justice Charles Ramos from the civil fraud case of Maurice "Hank" Greenberg and Howard Smith.