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March 15, 2018 | New York Law Journal

Exonerations Involving Police, Prosecutor Misconduct Rise, Report Says

A record-high 84 exonerations involved misconduct by police, prosecutors and other government officials, according to a new report from the National Registry of Exonerations.
3 minute read
January 16, 2018 | New York Law Journal

2018: The Year New York Implements Meaningful Criminal Justice Reform?

Elizabeth S. Kase and Brian T. McCarthy write: By articulating specific guidelines for trial courts and the potential for sanctions against non-compliant prosecutors, New York is poised to implement sweeping procedural changes in 2018, but will the enumerated changes have true meaningful impact for criminal defendants?
9 minute read
November 22, 2017 | New York Law Journal

Corrections Dept. Is Reviewing Parole Appeals Handled by Phony Lawyer

The state's Department of Corrections and Community Supervision has been reviewing parole appeals handled that were handled by an Albany resident who was convicted for fraudulently posing as a lawyer. Antonia Barrone, who is not a licensed attorney, was sentenced to one-and-a-half to three years in state prison on criminal charges earlier this month.
2 minute read
November 16, 2017 | New York Law Journal

Phony Lawyer Sentenced to 1.5 to 3 Years in Prison

Antonia Barrone was sentenced before Albany County Court Judge Peter Lynch on one count of first-degree scheme to defraud and ordered to pay nearly $270,000 in restitution and penalties.
3 minute read
November 13, 2017 | New York Law Journal

Meet the New State Supreme Court Justices

Of the 28 open state Supreme Court seats, candidates running on the Democratic Party line secured all but two races in which Republican candidates were running unopposed, according to unofficial results with the state's Board of Elections.
7 minute read
October 02, 2017 | New York Law Journal

Hospital Liability Under Ostensible Agency

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: When someone is admitted to a hospital as the patient of a private attending physician, the hospital may still be subject to vicarious liability under the doctrine of ostensible agency for physicians who become involved in the patient's care during the admission. This question commonly arises with anesthesiologists and radiologists, although it may also apply where any physician is assigned by a hospital to provide a service or a consultation.
14 minute read
August 03, 2017 | New York Law Journal

Drawing Fifth Amendment Adverse Inferences Against Corporate Defendants

Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants. To support drawing such adverse inferences, a plaintiff must satisfy three prerequisites. First, there must be independent evidence corroborating the inference. Second, the plaintiff must persuade the court to impute that inference to the corporate defendant. Third, the probative value of the inference must outweigh any unfair prejudice.
19 minute read
May 03, 2017 |

Judge Says Upstate County Cannot Tax Cayuga-Held Land

District Court Judge Charles Siragusa ruled April 30 from Rochester that the 1838 Treaty of Buffalo Creek between the U.S. and Native Ameican nations in NY didn't "disestablish" the Cayuga Reservation as Seneca County maintained.
5 minute read
March 21, 2017 | Insurance Coverage Law Center

Albany Insurance Broker in $1 Million Securities Fraud Is Sentenced to Prison

Lawrence D. Rosenbaum, an insurance broker in Albany, New York, has been sentenced for multiple crimes in connection with a sweeping indictment charging…
3 minute read
February 07, 2017 |

Court Clerks Get New Continuing Education Program

The clerks of the 1,300 town and village courts in New York State will soon face a mandatory continuing education program.
2 minute read

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