John Caher

May 16, 2014 | New York Law Journal

New York State has agreed to pay $1.25 million to resolve a wrongful conviction claim brought by a man who spent three years in prison for the alleged rape of his 4-year-old daughter.

By John Caher

2 minute read

May 16, 2014 | New York Law Journal

Future owners of property once used for authorized hazardous waste disposal cannot be compelled to finance future remediation efforts, an appellate panel in Albany has held in a first-impression environmental law decision.

By John Caher

4 minute read

May 15, 2014 | New York Law Journal

The documents in question were provided to Cohen & Slamowitz "for the express and primary purpose of facilitating [its] admitted debt collection activity ... and not for the purpose of obtaining legal advice," Western District Magistrate Judge Leslie Foschio said.

By John Caher

2 minute read

May 15, 2014 | New York Law Journal

A woman's attempt to strip her ex-boyfriend of parental rights on the grounds that her 3-year-old special needs child is incapable of bonding with him has been rejected.

By John Caher

6 minute read

May 14, 2014 | New York Law Journal

State Comptroller Thomas DiNapoli announced this week that he has promoted his investigative counsel, Nelson Sheingold, to deputy comptroller as part of an effort to beef up the anti-corruption measures that have become a major focus of his administration.

By John Caher

2 minute read

May 14, 2014 | New York Law Journal

A deeply divided state Court of Appeals on Tuesday embraced a relaxed standard on preserving issues for appellate review, stressing that justice, not strict adherence to procedural rules, is an overarching concern.

By John Caher

7 minute read

May 13, 2014 | New York Law Journal

The same-sex spouse of a woman who gave birth following artificial insemination has the same common law parental rights as the biological mother or a man whose wife conceives in the same manner, a judge in Rochester has held.

By John Caher

6 minute read

May 12, 2014 | New York Law Journal

A judge in Nassau County has dismissed on speedy trial grounds a misdemeanor case that lingered for 26 years—apparently to the surprise of the defendant.

By John Caher

2 minute read

May 12, 2014 | New York Law Journal

If confirmed, career federal prosecutor Brenda Sannes would fill the position that opened when Northern District Judge Norman Mordue took senior status last June.

By John Caher

2 minute read

May 12, 2014 | New York Law Journal

An appeals court in Albany has extended the scope of "dangerous" prison contraband to include cellphones, in a ruling that allows authorities to crack down on devices that are used not only to chat with loved ones and consult with attorneys but also to intimidate witnesses and conduct drug deals.

By John Caher

5 minute read