Cases

CLARK, Circuit Judge (dissenting). In its latest pronouncement upon the issue, the Supreme Court of the United States has refused to find exception for state officers from the sweeping federal ban on unauthorized interception and divulgenee of “any communication,” contained in § 605 of the Federal Communications Act, 47 U.S.C. § 605. Speaking through the Chief Justice of the United States, a unanimous Court fin

Chief Justice RABNER, concurring. By order dated September 8, 2010, the Presiding Judge for Administration of the Appellate Division, the Honorable Edwin H. Stern, was temporarily assigned to the Supreme Court until further order. As a result, he participated in the resolution of this matter and authored the majority opinion. Article VI, Section II, Paragraph 1 of the New Jersey Constituti

277 F.2d 739 Burton N. PUGACH, Petitioner-Appellant,v.Honorable Isidore DOLLINGER, District Attorney of BronxCounty, and Honorable Stephen P. Kennedy, PoliceCommissioner of the City of New York,Respondents-Appellees.John O'ROURKE, Joseph De Grandis, Frank De Forte, ErnestZundel, Herbert Jacob, Eugene Jacob, Lawrence Gallo, JosephGallo, Norman J. Clark, Jr., Charles De Forte, AnthonyPafumi, also known as Angelo Pa

OPINION OF THE COURT Richard A. Dollinger, J. In a seemingly interminable battle, a former spouse seeks to collect monies owed by her former husband for maintenance and attorneys fees from two sources: the retainer deposited by her ex-husband with his counsel and certain retirement accounts. The field of combat in this decade-old matter shifts from the well-traveled road of the domestic relations laws and

OPINION OF THE COURT Fahey, J. In appeal Nos. 1 through 3, defendants appeal from respective judgments convicting them of crimes related to Medicaid and Medicare fraud. In doing so, defendants raise the issues whether the Attorney General of the State of New York (hereafter, Attorney General) has authority under Executive Law § 63 (3) to prosecute defendants for crimes involving Medicare, and whether Executi

OPINION OF THE COURT Fahey, J. In appeal Nos. 1 through 3, defendants appeal from respective judgments convicting them of crimes related to Medicaid and Medicare fraud. In doing so, defendants raise the issues whether the Attorney General of the State of New York (hereafter, Attorney General) has authority under Executive Law § 63 (3) to prosecute defendants for crimes involving Medicare, and whether Executi

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 319 KA 12-01189 PRESENT: SCUDDER, P.J., FAHEY, SCONIERS, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V OPINION AND ORDER MICHAEL MIRAN, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PARRINELLO LAW FIRM, LLP, ROCHESTER (BRUCE F. FREEMAN OF COUNSEL), AND CERULLI, MASSARE & LEMBKE, FOR DEFENDANT-APPELLANT. ERIC T. SCHNE

903 F.Supp. 293 (1995) Mark GRAY, Plaintiff, v. Shirley S. CHATER, Commissioner of Social Security,[1] Defendant. No. 94 Civ. 0082 (TJM) (RWS). United States District Court, N.D. New York. October 6, 1995. *294 *295 Peter W. Hill, Oneonta, New York, for Plaintiff. Thomas J. M

Opinion ZARELLA, J. A jury found the defendant, Heriberto Cruz, guilty of five counts of sexual assault in the first degree in violation of General Statutes (Rev. to 1991) § 53a-70 (a) (2)1 and two counts of risk of injury to a child in violation of General Statutes (Rev. to 1991) *3§ 53-21,2

OPINION OF THE COURT Joseph Harris, J. The instant case involves the perpetual clash between the *166legislative process, the constitutional rights of free speech, association and privacy of individuals, and the power of the judiciary as the arbiter between the two. THE FACTS Shortly after the last gubernatorial el

OPINION OF THE COURT Kaye, J. In the statute permitting a Board of Cooperative Educational Services (BOCES) to offer academic summer school programs (Education Law § 1950 [4] [bb]), the Legislature clearly manifested its intention that school districts’ decisions to participate in such cooperative educational programs not be subject to mandatory collective bargaining with teachers’ unions. We therefore grant

OPINION OF THE COURT Rosenblatt, J. Under New York’s capital punishment scheme, a person who commits an intentional (second degree) murder is eligible for a death sentence if any one of 13 aggravating factors is proved (see Penal Law § 125.27 [1] [a] [i]-[xiii]), and if within 120 days after arraignment the prosecution files a notice of intention to seek

102 N.J. 64 (1986) 505 A.2d 941 STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL TATE, DEFENDANT-RESPONDENT. The Supreme Court of New Jersey. Argued September 23, 1985. Decided February 24, 1986. *66 Paul F. Chaiet, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmo

308 F.Supp.2d 346 (2004) Eric RODRIGUEZ et al., Plaintiffs, v. George E. PATAKI et al., Defendants. Howard T. Allen et al., Plaintiffs, v. George E. Pataki et al., Defendants. No. 02 CIV. 618(RMB), 02 CIV. 3239(RMB). United States District Court, S.D. New York. March 15, 2004. *347 *348</

101 N.J. 161 (1985) 501 A.2d 505 WILLIAM B. MILLISON AND MARIE MILLISON, HIS WIFE; VERNON G. KRONMAIER AND DOROTHY KRONMAIER, HIS WIFE; HAROLD SCHWEBEL AND SUSAN SCHWEBEL, HIS WIFE; CLARENCE SCHWEBEL AND GERALDINE SCHWEBEL, HIS WIFE; FRANK BAPTISTE AND CATHERINE BAPTISTE, HIS WIFE; AND EDWARD B. AGAR AND EILEEN AGAR, HIS WIFE, PLAINTIFFS-APPELLANTS, v. E.I. DU PONT DE NEMOURS & COMPANY; WILLIAM E. NEELD, JR., M.D.; G.F

FRIENDLY, Circuit Judge: In this action, wherein federal jurisdiction is predicated on 28 U.S.C. § 1343 (3) and (4), plaintiff seeks an injunction and a declaratory judgment with respect to a constitutional issue which has already been raised in his impending trial for delinquency in the Family Court of New York and can be appealed through the New York judicial hierarchy and then to the Supreme Court of the United States sho

275 F.Supp. 690 (1967) Peter BURMEISTER, Ronald Johnson and James Hutchinson, for themselves and all others similarly situated, plaintiffs, v. The NEW YORK CITY POLICE DEPARTMENT and Howard R. Leary, individually and as Police Commissioner of the City of New York, Defendants. No. 67 Civ. 2149. United States District Court S. D. New York. August 29, 1967.

366 U.S. 696 (1961) UNITED STATES v. NEUSTADT ET UX. No. 533. Supreme Court of United States. Argued May 2, 1961. Decided May 29, 1961. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. Assistant Attorney General Orrick argued the cause for the United States. With him on the briefs were Solicitor General Cox, for

310 F.Supp. 691 (1970) UNITED STATES of America ex rel. Burton N. PUGACH, Petitioner, v. Hon. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent. Burton N. PUGACH, Plaintiff, v. Paul K. McGINNIS, Commissioner of Correction of the State of New York, and Vincent R. Mancusi, Warden of Attica State Prison, Defendants. Nos. 67 Civ. 4844, 68 Civs. 2177, 3948, 69 Civs. 3633, 3634, 3635. U