FINDLAW:Daily Opinion Summaries for New York Court of Appeals - 11/24/08

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In the Matter of Gormley v. New York State Ethics Commission, No. 162
Imposition of a civil penalty under Public Officers Law section 73(18) does not require the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute.


Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., No. 171
Order denying plaintiffs' motion to confirm a special referee's report, which recommended that defendant be compelled to produce a non-U.S. resident for oral deposition in New York and testimony and documents relating to a foreign arbitration in which defendant is not a party, is affirmed where evidence did not support the special referee's recommendation.


People v. MacShane, No. 220 SSM 40
Order of the Appellate Term is affirmed where defendant failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986]).


People v. Naradzay, No. 188
Convictions for attempted murder in the second degree, attempted burglary in the first degree, and criminal possession of a weapon in the fourth degree are all affirmed over defendant's challenges to the legal sufficiency of the proof supporting his attempted burglary and murder convictions.


People v. Johnson, No. 166
In a child pornography case, the court's application of the Board of Examiners of Sex Offenders risk Factor 7, indicating an increased level of risk when a crime "was directed at a stranger," is affirmed over defendant's claim that Factor 7 be interpreted in a way that makes it inapplicable to his case, where the factor's plain language precludes such a result.


Helmsley-Spear, Inc. v. Fishman, No. 164
In a nuisance action brought by managers of the Empire State Building against a union that was loudly picketing and drumming outside the property, the private nuisance cause of action is not preempted by the National Labor Relations Act (NLRA), as loud drumming is not an "integral part of the legislative scheme" of the NLRA. Matter remanded for consideration of issues raised but not determined. .

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This page contains a single entry by Leonard E. Sienko, Jr. published on November 26, 2008 3:03 PM.

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