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  • Commentaries
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state Case Commentaries

Clarifying Mootness in CPLR Article 78: Supreme Court of New York Dismisses BSES v. Rosa

Clarifying Mootness in CPLR Article 78: Supreme Court of New York Dismisses BSES v. Rosa

Date: Jan 3, 2025
Clarifying Mootness in CPLR Article 78: Supreme Court of New York Dismisses BSES v. Rosa Introduction The case In the Matter of Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational...
Mandatory Comptroller Approval for Supplemental Employment Agreements: Alaei v. State of New York Commentary

Mandatory Comptroller Approval for Supplemental Employment Agreements: Alaei v. State of New York Commentary

Date: Jan 3, 2025
Mandatory Comptroller Approval for Supplemental Employment Agreements: Alaei v. State of New York Introduction In the case of Kamiar Alaei v. State of New York (2025 N.Y. Slip Op. 4), the Supreme...
Establishing Custodial Alienation in Child Support Modification: Insights from Kelly N. v. Chenango County Department of Social Services

Establishing Custodial Alienation in Child Support Modification: Insights from Kelly N. v. Chenango County Department of Social Services

Date: Jan 3, 2025
Establishing Custodial Alienation in Child Support Modification: Insights from Kelly N. v. Chenango County Department of Social Services Introduction In the landmark case of Kelly N., Appellant v....
Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana

Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana

Date: Jan 1, 2025
Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana Introduction State of Utah v. William Torres-Orellana, 2024...
Utah Supreme Court Invalidates Plea Withdrawal Statute's Procedural Provisions

Utah Supreme Court Invalidates Plea Withdrawal Statute's Procedural Provisions

Date: Jan 1, 2025
Utah Supreme Court Invalidates Plea Withdrawal Statute's Procedural Provisions Introduction In State of Utah v. Stephen Rippey (2024 UT 45), the Supreme Court of Utah addressed the constitutionality...
Strict Foundation Required for Business Records Admission: Braun v. Wollman

Strict Foundation Required for Business Records Admission: Braun v. Wollman

Date: Jan 1, 2025
Strict Foundation Required for Business Records Admission: Braun v. Wollman Introduction Samanta Braun vs. Radena Wollman is a pivotal case decided by the Supreme Court of South Dakota on December...
Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation

Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation

Date: Jan 1, 2025
Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation Introduction The case of Jesse HH. v. Lindsey II. adjudicated by the Supreme Court of New...
Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R.

Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R.

Date: Jan 1, 2025
Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R. Introduction The case of Gabrielle Q., Respondent, v. James R., Appellant (2024 N.Y. Slip Op. 6638)...
Excess Retirement Contributions: Mariani v. New York State and Local Retirement System

Excess Retirement Contributions: Mariani v. New York State and Local Retirement System

Date: Jan 1, 2025
Excess Retirement Contributions: Mariani v. New York State and Local Retirement System Introduction The case of Sarah M. Mariani v. New York State and Local Retirement System (2024 N.Y. Slip Op....
Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities

Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities

Date: Jan 1, 2025
Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities Introduction In the case of The People of the State of New York v. Lontez Brooks (2024...
Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County DSS

Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County DSS

Date: Jan 1, 2025
Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County Department of Social Services Introduction The case of Ayanna O.,...
Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel

Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel

Date: Jan 1, 2025
Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel Introduction People of the State of New York v....
Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings

Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings

Date: Jan 1, 2025
Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings Introduction In the case of Cory H. Morris v. New York State Police et al. (2024 N.Y. Slip...
Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady

Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady

Date: Jan 1, 2025
Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady Introduction The case of The People of the State of New York, Respondent, v. Neshad Grady, Also Known...
Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services

Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services

Date: Jan 1, 2025
Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services Introduction In the landmark case of In...
Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices

Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices

Date: Jan 1, 2025
Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices Introduction The case of ExceedLLC, LLC, et al. v. Department of State Division of...
Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z.

Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z.

Date: Jan 1, 2025
Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z. Introduction In the landmark case of Christopher Y. v. Sheila Z. (2024 N.Y. Slip Op. 6631), the Supreme Court...
Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al.

Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al.

Date: Jan 1, 2025
Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al. Introduction The case of Nigel Clarke v. Alex Azar II, et al. examined the constitutional boundaries of...
Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes

Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes

Date: Jan 1, 2025
Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes Introduction The case of The People of the State of New York v. Victor D. Guy (2024 N.Y. Slip...
Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham

Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham

Date: Jan 1, 2025
Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham Introduction In the case of The People of the State of New York v. Leon I. Graham (2024 N.Y. Slip Op. 6627), the...
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