May 27, 2014 | New York Law Journal
Study Urges Reform of 'Broken' Disciplinary SystemNew York's attorney discipline process is fragmented and inconsistent, lacks transparency and falls far short of its mission to protect consumers from unscrupulous or incompetent lawyers, according to an article in the upcoming New York University School of Law Journal of Legislation and Public Policy.
By John Caher
8 minute read
May 23, 2014 | New York Law Journal
Failure to Use Risk Tool Means New Parole HearingsThe Second Department said the parole board had failed to use a risk assessment tool, in violation of a 2011 amendment to the Executive Law that required the panel to "establish new procedures for use in making parole decisions."
By John Caher
2 minute read
May 23, 2014 | New York Law Journal
Moreland Commission Hires a Criminal LawyerA prominent Albany criminal defense lawyer, Michael Koenig, has been retained to represent the disbanded Moreland Commission that is apparently under investigation by the Southern District U.S. Attorney.
By John Caher
2 minute read
May 23, 2014 | New York Law Journal
Judge Accepts Hearsay Testimony in Child Neglect CaseJudge Robert Hettleman found that comments to physicians, social workers and mental health professionals are inherently reliable and therefore qualify for an exception to the hearsay rule, even if the remarks were made not by the patient but by someone else.
By John Caher
4 minute read
May 23, 2014 | New York Law Journal
Q&A: Ann T. PfauAs chief administrative judge in an unusually stormy era, Ann Pfau was renowned for her steely competence, grace under pressure and capacity to handle crisis with dignity, agility and finesse.
By John Caher
8 minute read
May 22, 2014 | New York Law Journal
Schneiderman Completes Field in Race for AGThe race for attorney general is on, with the Democratic Party nominating incumbent Eric Schneiderman for re-election Wednesday against Republican challenger John Cahill, who received GOP backing earlier this month.
By John Caher
2 minute read
May 22, 2014 | New York Law Journal
Panel Finds Facts Justify Confinement for Mentally Ill ManA man confined to psychiatric institutions for most of the last 20 years after repeatedly stabbing his wife is still dangerous and should remain hospitalized, despite the testimony of a psychologist who said he is harmless and no longer hostile toward the victim, a divided appellate panel has held.
By John Caher
7 minute read
May 21, 2014 | New York Law Journal
Suit Against County Over Prisoner Death Goes ForwardA lawsuit filed on behalf of a prisoner who was killed after falling out of a jail transport van can proceed because the complaint alleges failure to provide adequate seat belts as well as reckless driving by a corrections officer, a Northern District judge has held.
By John Caher
5 minute read
May 20, 2014 | New York Law Journal
Elderly Tenant Can Keep Dwelling Despite AbsencesA Manhattan Housing Court judge has declined to remove an 89-year-old tenant from the rent-stabilized Manhattan apartment where he has lived for the past 40 years.
By John Caher
2 minute read
May 19, 2014 | New York Law Journal
After Second Appeal, Panel Upsets Assault ConvictionA judge's acquiescence to a defendant who, against advice of counsel, opposed allowing the jury to consider a lesser offense, requires the conviction to be reversed, an upstate appellate court has found.
By John Caher
4 minute read