New York Law Journal - This Week's News

Commission Suggests Formula to Determine Maintenance

web-editor@nylj.com (Joel Stashenko) — Mon, 20 May 2013 00:00:00 EDT

New York should adopt a mathematical formula that would function similarly to one used to award child support to determine both the temporary and post-divorce maintenance due the non-monied spouse in...

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Panel Rejects Plan to Close and Reopen 24 City Schools

web-editor@nylj.com (Brendan Pierson) — Mon, 20 May 2013 00:00:00 EDT

The First Department ruling upheld the confirmation of an arbitrator's award in favor of the teachers' unions, who had argued the plan was designed to circumvent procedures established by their...

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Ground Is Shifting in 14-Year Litigation

web-editor@nylj.com (Mark Hamblett) — Mon, 20 May 2013 00:00:00 EDT

Judge Scheindlin has never had a problem going against police and prosecutors where she is convinced that constitutional rights are being sacrificed in the name of security. Whether such rights are...

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Photographer Loses Bid to Sue Owner of Playful Dog

web-editor@nylj.com (Joel Stashenko) — Mon, 20 May 2013 00:00:00 EDT

Although the dog's owners told a professional canine photographer that their labrador retriever Delilah also had knocked them over by running into their legs, Third Department Justice Leslie Stein...

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Federal Bar Honors Federal Defenders

Mon, 20 May 2013 00:00:00 EDT

The Southern District of New York Chapter of the Federal Bar Association and the Network of Bar Leaders hosted a reception on May 14 at the U.S. Courthouse in Manhattan to honor the Federal Defenders...

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Lawyers Alliance Hosts Gala

Mon, 20 May 2013 00:00:00 EDT

The Lawyers Alliance for New York, which provides business and transactional legal services for nonprofit organizations, held its annual Business Law & Leadership Gala on May 15 at Gotham...

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Disbarment Follows Failure to Answer Complaint

web-editor@nylj.com (Brendan Pierson) — Mon, 20 May 2013 00:00:00 EDT

Gideon Karlick was initially suspended for six months after a client had complained that he neglected a medical malpractice and wrongful death action, and he never moved for reinstatement.

Continued Questioning Violated Right to Keep Silent, Panel Rules

web-editor@nylj.com (Joel Stashenko) — Mon, 20 May 2013 00:00:00 EDT

A unanimous Third Department panel held in an opinion by Justice John Egan Jr. that a defendant's invocation of the right to silence must be "scrupulously honored" once it is stated in an...

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Stop-and-Frisk Judge Relishes Her Independence

web-editor@nylj.com (Mark Hamblett) — Mon, 20 May 2013 00:00:00 EDT

Shira Scheindlin, who is presiding over one of the most politically charged cases in recent New York City history, says there are too many judges who don't want to deliver controversial rulings. Few...

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Chief Justice Roberts Visits Jackson Center

web-editor@nylj.com (Carolyn Thompson) — Mon, 20 May 2013 00:00:00 EDT

U.S. Supreme Court Chief Justice John Roberts, who was born in Buffalo, addressed a crowd of more than 2,000 from the front porch of a center in Jamestown dedicated to the late Justice Robert H....

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Personal Notes on Lawyers

Mon, 20 May 2013 00:00:00 EDT

Five firms announce the addition of new partners, along with other moves, promotions and honors.

State Bar Backs Counsel for Immigrants in Reform

web-editor@nylj.com (John Caher) — Mon, 20 May 2013 00:00:00 EDT

In a May 16 letter to Senator Charles Schumer, state bar president Seymour James Jr. expressed the organization's "full support" for "mandating that the Attorney General appoint counsel for...

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Hynes Rival Urges Special Prosecutor to Probe Convictions

web-editor@nylj.com (Andrew Keshner) — Fri, 17 May 2013 00:00:00 EDT

Kenneth Thompson, a Democratic Brooklyn district attorney candidate, is seeking either the appointment of a special prosecutor or that the state attorney general review 50 murder convictions relying...

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New Parole Hearing Ordered for Convicted Murderer

web-editor@nylj.com (John Caher) — Fri, 17 May 2013 00:00:00 EDT

A Queens woman who killed her abusive husband while he was sleeping has been granted a new parole interview by a judge who said the panel that rejected her release improperly relied only on her...

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Judge Rejects Ruling of JHO Who Modified Her Order

web-editor@nylj.com (Christine Simmons) — Fri, 17 May 2013 00:00:00 EDT

Manhattan Supreme Court Justice Doris Ling-Cohan has reassigned a case to a different special referee after finding that judicial hearing officer Ira Gammerman modified her ruling and veered from...

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Judiciary Seeks Emergency Funds to Avoid Furloughs

web-editor@nylj.com (Todd Ruger) — Fri, 17 May 2013 00:00:00 EDT

In a letter sent May 13 to the White House Office of Management and Budget, the U.S. Judicial Conference requested an emergency appropriation of $73 million, saying the judiciary does not have the...

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Law Schools Bolster Clinic Offerings

web-editor@nylj.com (Tania Karas) — Fri, 17 May 2013 00:00:00 EDT

Though the rise of "experiential learning" opportunities such as clinics, practicums and externships has continued for the past decade, the six law schools in New York that are bolstering their...

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Inmate Raped, Impregnated by Guard Is Awarded $360,000

web-editor@nylj.com (John Caher) — Fri, 17 May 2013 00:00:00 EDT

Court of Claims Judge Alan Marin's damages decision is among at least three rulings in the past seven months where judges have compensated women raped by New York State corrections officers, but...

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Panel Affirms Unions in Police Pension Suit

web-editor@nylj.com (Brendan Pierson) — Fri, 17 May 2013 00:00:00 EDT

New York City must make the same contributions to the retirement plans of police officers and firefighters hired after July 2009 as it makes to the plans of those hired before that date, even though...

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Trial Founders on 'Personality Issues' Between Judge, Counsel

web-editor@nylj.com (Andrew Keshner) — Fri, 17 May 2013 00:00:00 EDT

Concluding that a judge's tendency to "interrupt, patronize, and admonish" an attorney deprived the lawyer's client of a fair medical malpractice trial, a Brooklyn appellate court has ordered a...

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Legal Services NYC Strike Continues

Fri, 17 May 2013 00:00:00 EDT

More than 200 striking attorneys, paralegals and support staff at Legal Services NYC took to the streets yesterday outside the group's lower Manhattan offices to protest a contract offer.

Judge Rejects Bloomberg's 'Taxi of Tomorrow' Program

web-editor@nylj.com (Joel Stashenko) — Fri, 17 May 2013 00:00:00 EDT

Supreme Court Justice Peter Moulton ruled that the Taxi & Limousine Commission violated the city's Administrative Code by adopting the program last year without designating one or more hybrids...

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Gambler Out of Luck in Suit Over Wheelchair Mishap

web-editor@nylj.com (Joel Stashenko) — Fri, 17 May 2013 00:00:00 EDT

Supreme Court Justice Joseph Maltese has dismissed a Staten Island woman's claim that the Trump Plaza casino in Atlantic City was liable for injuries she suffered when she tripped over another...

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Personal Notes on Lawyers

Fri, 17 May 2013 00:00:00 EDT

Barbara Hoey has rejoined Kelley Drye & Warren, where she had been for 20 years before moving to Littler Mendelson in 2010. Sullivan & Worcester, Fulbright & Jaworski, Morrison &...

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Donovan Criticizes Secret Payoff to Lopez Victims

web-editor@nylj.com (John Caher) — Thu, 16 May 2013 00:00:05 EDT

Although concluding that the sexual harassment allegations against Assemblyman Vito Lopez did not constitute a criminal offense, Staten Island District Attorney Daniel Donovan sharply criticized the...

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Enough Evidence for Trial in Patz Case, Judge Rules

Thu, 16 May 2013 00:00:00 EDT

Acting Supreme Court Justice Maxwell Wiley ruled yesterday that a man charged with murder decades after one of the nation's most infamous child disappearances can go to trial,

Ruling Blocks City From Ending Sandy Hotel Program

web-editor@nylj.com (Andrew Keshner) — Thu, 16 May 2013 00:00:00 EDT

As city officials prepared to terminate the program at the end of this month, Manhattan Supreme Court Justice Margaret Chan issued a preliminary injunction holding that while plaintiffs did not have...

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Judge Rebuffs Investor's Bid for a Big Share of Patent Holding Company's Licensing Fees

web-editor@nylj.com (Jan Wolfe) — Thu, 16 May 2013 00:00:00 EDT

A patent holding company has fended off, at least for the moment, the lawsuit of a disaffected investor who claims he was cheated out of a stake in a valuable check-processing technology he allegedly...

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Legal Services NYC Employees Strike; Lower Intake Expected

web-editor@nylj.com (Andrew Keshner) — Thu, 16 May 2013 00:00:00 EDT

More than 200 attorneys and staff at Legal Services NYC walked off their jobs yesterday after voting overwhelmingly to reject management offers for a new contract.

Manslaughter Charges Dismissed Against Cop

Thu, 16 May 2013 00:00:00 EDT

Justice Steven Barrett yesterday threw out manslaughter charges against a New York Police Department officer accused of killing an unarmed suspect last year in a Bronx home.

Hearing Ordered to Explore What Prosecutors Knew

web-editor@nylj.com (Joel Stashenko) — Thu, 16 May 2013 00:00:00 EDT

The Second Department said a judge should decide whether prosecutors at Mark Garrett's murder trial violated their 'Brady' obligation to inform the defense of the civil action then pending against...

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P.I. Lawyers Are Suspended for Encouraging Client to Lie

web-editor@nylj.com (Brendan Pierson) — Thu, 16 May 2013 00:00:00 EDT

The lawyers, Shane Rios and Daniel Levy, met when they were students at Fordham University School of Law and started personal injury firm Rios & Levy in the Bronx in 2008.

NYCLA Hosts Essay Contest Winner

Thu, 16 May 2013 00:00:00 EDT

Aglaia Ho of Stuyvesant High School took home the first place prize of $1,000 in the bar group's Annual New York City High School Essay Contest.

Ciparick Tapped for Orange County Redistricting

web-editor@nylj.com (Joel Stashenko) — Thu, 16 May 2013 00:00:00 EDT

The former state Court of Appeals judge must provide the court with revised legislative district lines by June 3 that are "in compliance with the principles of one person/one vote" and the Voting...

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Attorney Sanctioned for Using Motion to Air Bias

web-editor@nylj.com (Brendan Pierson) — Thu, 16 May 2013 00:00:00 EDT

A Second Circuit panel has sanctioned an attorney for filing a motion expressing "anti-Semitism in a raw and ugly form" while the attorney challenged Southern District Judge Alvin Hellerstein's...

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Circuit Reverses Intentional Bias Finding in City Firefighter Hiring

web-editor@nylj.com (Mark Hamblett) — Wed, 15 May 2013 00:00:00 EDT

A divided Second Circuit rejected Eastern District Judge Nicholas Garaufis' summary judgment decision against the FDNY for what the judge ruled was disparate "treatment" of black job candidates and...

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Control of Property to Determine City's Liability in Crane Collapse

web-editor@nylj.com (John Caher) — Wed, 15 May 2013 00:00:00 EDT

Justice Manuel Mendez rejected the city's summary judgment motion, allowing the "Scaffold Law" claim to stand in the protracted 91st Street crane collapse case.

Muslim Group Sues Over Terrorist Training Allegations

web-editor@nylj.com (Michael Virtanen) — Wed, 15 May 2013 00:00:00 EDT

Muslims of America Inc. is accusing the Christian Action Network of defamation for accusations contained in the book it published, "Twilight in America: the Untold Story of Terrorist Training Camps...

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OCA, Donovan Defend Special Prosecutor's Probe

web-editor@nylj.com (John Caher) — Wed, 15 May 2013 00:00:00 EDT

The Office of Court Administration and the Staten Island district attorney are asking an appellate panel to allow an investigation into the operations of the Working Families Party to continue under...

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Personal Notes on Lawyers

Wed, 15 May 2013 00:00:00 EDT

Brent Lewis has joined the structured finance and securitization practice at Hunton & Williams as of counsel, while Robert Trainor has joined Covington & Burling as senior of counsel in the...

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Hynes Rival Files Lawsuit to Delay Television Series

web-editor@nylj.com (Andrew Keshner) — Wed, 15 May 2013 00:00:00 EDT

Abraham George, a candidate for Brooklyn district attorney, seeks to delay the scheduled May 28 airing of a CBS TV reality series depicting how cases are built and prosecuted in the office of...

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Legal Services NYC Union Mulls Supplemental Offer

web-editor@nylj.com (Andrew Keshner) — Wed, 15 May 2013 00:00:00 EDT

Gibb Surette, Legal Services Staff Association president, said the offer was sent to members and the union was still scheduled to meet this morning at Cooper Union. Should the union vote to strike,...

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Correction

Wed, 15 May 2013 00:00:00 EDT

Ex-Prisoner Files Notice Of Malicious Prosecution Suit

web-editor@nylj.com (Andrew Keshner) — Wed, 15 May 2013 00:00:00 EDT

A man who was released from prison earlier this year after serving 23 years for a murder he insists he did not commit has filed a $150 million notice of claim naming New York City and the detectives...

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Split State Panel Dismisses Suit Against Goldman Sachs

web-editor@nylj.com (Brendan Pierson) — Wed, 15 May 2013 00:00:00 EDT

A divided state appellate panel has dismissed a lawsuit accusing Goldman Sachs & Co. of tricking insurer ACA Financial Guarantee Corp. into insuring a complex mortgage-backed security that the...

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State Bar Launches Global Law Week

web-editor@nylj.com (Rick Kopstein, Photographer) — Wed, 15 May 2013 00:00:00 EDT

Through Friday, multiple law firms and other groups will open their doors to attorneys, legal professionals, clients and colleagues from New York and around the world to discuss major issues in the...

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First Department Panels Disbar Four Attorneys

web-editor@nylj.com (Joel Stashenko) — Wed, 15 May 2013 00:00:00 EDT

Three of the lawyers were disbarred for mishandling client funds, the last for his conviction in an immigration fraud scheme.

Kenya Chief Justice Seeks Advice on Running Modern Court System

web-editor@nylj.com (Brendan Pierson) — Tue, 14 May 2013 00:00:00 EDT

Willy Mutunga, who in 2011 became the first chief justice of Kenya's six member Supreme Court appointed under the country's new constitution, met with Chief Judge Jonathan Lippman yesterday to trade...

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Candidate Wants CBS to Hit Pause on Reality Series 'Brooklyn D.A.'

web-editor@nylj.com (Andrew Keshner) — Tue, 14 May 2013 00:00:00 EDT

"This is not a news program. This is entertainment, reality entertainment TV. As such, this is considered an in-kind contribution and violates campaign finance laws," Abraham George said of a reality...

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Patton Boggs Confronts Fraud Claims From Chevron Over $19 Billion Judgment

web-editor@nylj.com (Jan Wolfe) — Tue, 14 May 2013 00:00:00 EDT

In a motion filed on May 10, Chevron alleges that Patton Boggs tried to cover up evidence that the judgment, issued by an Ecuadorian court in 2011, was the product of bribery and ghostwriting on the...

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Bank Loses Bid for Return of Securities Sent to Lehman

web-editor@nylj.com (Brendan Pierson) — Tue, 14 May 2013 00:00:00 EDT

FirstBank Puerto Rico alleges the securities it had pledged to a Lehman Brothers unit as collateral in an interest rate swap agreement were then improperly transferred to Lehman and sold to Barclays...

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Government Seeks to Delay Sale of Morning-After Pills

Tue, 14 May 2013 00:00:00 EDT

The government filed paperwork with the Second Circuit shortly before the noon deadline, saying it believes Eastern District Judge Edward Korman overstepped his authority and that the administration...

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Black Bar Hosts Annual Gala

Tue, 14 May 2013 00:00:00 EDT

The Metropolitan Black Bar Association held its 29th Anniversary Awards Gala at Gotham Hall on May 10.

Justice Roberts to Speak at Jackson Center

web-editor@nylj.com (Joel Stashenko) — Tue, 14 May 2013 00:00:00 EDT

Chief Justice John Roberts Jr. will speak on May 17 at the Robert H. Jackson Center in Jamestown, N.Y., which honors the former Supreme Court justice and chief U.S. prosecutor during the war crimes...

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State Justice Rejects FOIL Request on NYPD's Surveillance of Muslims

web-editor@nylj.com (John Caher) — Tue, 14 May 2013 00:00:00 EDT

Justice Alexander Hunter Jr. said that disclosure of the records could compromise counterintelligence efforts, endanger the lives of law enforcement officials and discourage citizens from reporting...

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Forensic Evaluator Proposals Attract Wide Range of Opinions

web-editor@nylj.com (John Caher) — Tue, 14 May 2013 00:00:00 EDT

With three competing proposals on who should have access to forensic evaluation reports in child custody cases, and under what terms, the Office of Court Administration asked to hear from the bench...

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NYCLA Honors Judge Smith

web-editor@nylj.com (Rick Kopstein, Photographer) — Tue, 14 May 2013 00:00:00 EDT

The New York County Lawyers Association honored Court of Appeals Judge Robert Smith with its Justice Louis J. Capozzoli Gavel Award at the bar group's annual Law Day Luncheon.

Genetically Modified Seed Patent Embraced

web-editor@nylj.com (Tony Mauro) — Tue, 14 May 2013 00:00:00 EDT

A unanimous U.S. Supreme Court that is often skeptical of patents yesterday embraced a key seed patent in the case of a Monsanto Co. soybean variety that was being replicated by savvy farmers.

BofA Responds to A.G.'s Threat of Lawsuit

web-editor@nylj.com (John Caher) — Tue, 14 May 2013 00:00:00 EDT

A threat by Attorney General Eric Schneiderman to sue Bank of America for alleged violations of the National Mortgage Settlement has brought a sharp retort from the bank's attorneys at Wachtell,...

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Trial Lawyers Honor New Judges

Tue, 14 May 2013 00:00:00 EDT

The New York State Trial Lawyers Association held its annual Law Day celebration on May 8, where the bar group honored the Court of Appeals' two newest judges, Sheila Abdus-Salaam and Jenny...

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Urging Bar Respect for Deadlines, Circuit Declines to Revive Case

web-editor@nylj.com (Mark Hamblett) — Mon, 13 May 2013 00:00:00 EDT

Insisting on obedience to a rule designed to ensure cases are ready to be calendared, the Second Circuit on May 10 refused to reinstate an appeal it had dismissed for failure to file a brief in...

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Composer of Truncated Work Is Permitted to Sue Orchestra

web-editor@nylj.com (Brendan Pierson) — Mon, 13 May 2013 00:00:00 EDT

A composer whose three-act oratorio was cut short by the Brooklyn Philharmonic so the players would not go into overtime can go ahead with a lawsuit against the orchestra, Brooklyn Supreme Court...

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Court System Updates Client's Rights Statement

web-editor@nylj.com (Joel Stashenko) — Mon, 13 May 2013 00:00:00 EDT

The statement expands the types of communications from clients to which lawyers promise to respond and adjusts the promise that clients are entitled to an explanation of fees at the "outset" of cases...

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Coming to Terms With Close Quarters

web-editor@nylj.com (Christine Simmons) — Mon, 13 May 2013 00:00:00 EDT

Despite the frustrations of working temporarily in offices that are half of the size of its downtown outpost, partners and associates of Fragomen said the move has prompted camaraderie, discipline...

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Puerto Rican Bar Hosts Gala

Mon, 13 May 2013 00:00:00 EDT

The Puerto Rican Bar Association hosted its 56th Annual Scholarship Fund Gala on May 9 at the Hilton New York.

Firm Reaches Settlement With Longtime Client's Son

web-editor@nylj.com (Christine Simmons) — Mon, 13 May 2013 00:00:00 EDT

Herzfeld & Rubin claimed Joel Leyden had "illegally appropriated" the law firm's name by registering domain names nearly identical to its own and claimed Leyden had posted fictitious news...

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Correction

Mon, 13 May 2013 00:00:00 EDT

Legal Aid Society Hosts Annual Awards Dinner

Mon, 13 May 2013 00:00:00 EDT

During its 36th Annual Awards Dinner on May 9, the Legal Aid Society honored Raymond McGuire, global head of investment and corporate banking at Citigroup, and Pete Ruegger of Simpson Thacher &...

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Bank and Ex-Dewey Partner Settle With No Cost to Either

web-editor@nylj.com (Sara Randazzo) — Mon, 13 May 2013 00:00:00 EDT

A heated dispute between Citibank and a former Dewey & LeBoeuf partner over what the bank claimed was his unpaid capital contribution loan was quietly resolved on May 8 when Southern District...

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Officer Found to Lack Power to Make Warrantless Arrest

web-editor@nylj.com (Andrew Keshner) — Mon, 13 May 2013 00:00:00 EDT

Since a New York City police officer had no power to make a warrantless arrest of a man wanted for a Virginia probation violation, the Appellate Division Second Department, has suppressed narcotics...

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Fragomen Hopes to Reoccupy Downtown Offices in Summer

web-editor@nylj.com (Christine Simmons) — Mon, 13 May 2013 00:00:00 EDT

Attorneys at Fragomen, Del Rey, Bernsen & Loewy, which is a subtenant at their offices at 7 Hanover Square, say they received little information over several months about the condition of the...

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Court Rejects A.G.'s Complaints About Madoff Pact Counsel Fees

web-editor@nylj.com (Christine Simmons) — Mon, 13 May 2013 00:00:00 EDT

A federal judge has approved plaintiffs attorney fees of about $39 million in a $219 million settlement, rejecting objections by the New York attorney general that the fees were "wildly excessive"...

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Korman Refuses to Stay Order on Contraceptives

web-editor@nylj.com (Andrew Keshner) — Mon, 13 May 2013 00:00:00 EDT

Calling government appeals "frivolous" and "taken for the purpose of delay," Eastern District Judge Edward Korman this morning declined to stay enforcement of his order to make "morning after" birth...

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Lawyer in Support Case Allegedly Throws Punch

web-editor@nylj.com (Andrew Keshner) — Mon, 13 May 2013 00:00:00 EDT

Patrick Bisogno, a Brooklyn attorney representing his sister-in-law in a child support case was arrested for allegedly punching his client's ex-husband in a court office elevator.