A lawyer who became romantically involved with a client in a divorce case, and later reported that the former client was stalking her via emails, Facebook messages and other forms of unwanted attention, has lost her appellate court bid for a restraining order.
Facing accusations of mortgage fraud and nepotism, the presiding justice of the Appellate Division, 1st Department, has hired two prominent attorneys, who confirm that a state commission has opened a preliminary inquiry into the matter.
An Appellate Division panel orders a trial judge to explain in detail why frequent-filer Robert Triffin should not be required to pay counsel fees for frivolous bad check claims.
The Appellate Division puts some gloss on a rule that lets judges dun parties who fail to appear, calling a $25,318 sanction for missing a day in court “a mistaken exercise of discretion.”
In a case of first impression in New York, a Brooklyn appellate panel has held that temporary files automatically “cached” by an Internet browser may serve as evidence of promoting and possessing child pornography. The Appellate Division, 2nd Department ruled that the cached page was indeed evidence that the illegal material had been accessed and displayed, and the question of whether the defendant did so knowingly was an issue of fact properly decided at trial.