Cases

C. A. 9th Cir. Cer­tiorari denied.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Same case below, 415 Fed. Appx. 807.

IRVING R. KAUFMAN, Chief Judge: Once again, we are called upon to consider a criminal appeal in which the sole issue is whether the prosecutor’s courtroom, conduct was so inflammatory that it deprived the defendant of a fair trial. See United States v. White, 486 F.2d 204 (2d Cir. 1973). James Bivona’s trial before

304 F.Supp.2d 357 (2004) Linda SHARP and Sharp Realty, LLC, Plaintiffs, v. John C. BIVONA, Neil R. Cahn, Kenneth J. Glassman, Michael Sharp, and John Doe # 1 through # 10, these names being fictitious, the actual names and addresses being unknown, each named party individually and jointly and in their official capacity, if any, Defendants. No. 03 CV 895(ADS)(ETB). United States District Court, E.D. New

351 F.Supp. 167 (1972) Peter PALMENTERE, a/k/a Pete Palmentino, Petitioner, v. UNITED STATES of America, Respondent. Alex PRESTA, Petitioner, v. UNITED STATES of America, Respondent. Peter MANDACINA, a/k/a Charles Bivona, Petitioner, v. UNITED STATES of America, Respondent. Joseph MARLO, Petitioner, v. UNITED STATES of America, Respondent. Nos. 19840-1, 20046-1, 20065-1 and 20094-1.

MEMORANDUM AND ORDER WEXLER, District Judge. In the above-referenced action, Robert Bivona (“plaintiff”), seeks damages for an eye injury under the Consumer Product Safety Act (“CPSA”), 15 U.S.C. § 2051 et seq. Named as defendants are Victor Trol-lio, Jr. and his natural guardian, Victor Trollio, Sr. Subject matter jurisdiction is premised on a federal question pursuant to 28 U.S.C. § 1331. In papers

969 F.Supp. 207 (1997) Theodore H. ROSENBLATT, Plaintiff, v. BIVONA & COHEN, P.C., Defendant. No. 95 Civ. 4671 (SAS). United States District Court, S.D. New York. July 2, 1997. *208 Nathaniel B. Smith, Ranni & Smith, New York City, for Plaintiff. Thomas W. Hyland, Edward P. Gilbert, Elizabeth M. Kelly, Wilson, Else

946 F.Supp. 298 (1996) Theodore H. ROSENBLATT, Plaintiff, v. BIVONA & COHEN, P.C., Defendant. 95 Civ. 4825 (SAS). United States District Court, S.D. New York. November 26, 1996. Nathaniel B. Smith, Ranni & Smith, New York City, for Plaintiff Theodore H. Rosenblatt. Peter Cimino, Bivona & Cohen, P.C., New York City, for Defendant Bivona & Cohen

OPINION OF THE COURT CARLISLE, J. The issue in the case is waiver of jury trial. On November 15, 1988, appellant appeared before the county court, charged with fleeing and eluding. He signed a document acknowledging *58he had been advised of his right to counsel and that he intended to employ his own attorney. He also signed a writte

88 F.Supp.2d 339 (1999) UNITED STATES of America v. COMPACTION SYSTEMS CORPORATION, et al. Nos. 2:96CV05349, CIV. A. 96-5349 KSH. United States District Court, D. New Jersey. December 2, 1999. Letter-Opinion and Order February 1, 2000. *340 Susan C. Cassell, United States Attorney's Office, Newark, NJ, Brian G. D

Spain, J. Appeal from a judgment of the Supreme Court (Bradley, J.), entered November 17, 1998 in Ulster County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioners’ request for an area variance. The object of this proceeding is a two-acre parcel of land in the Town of Plattekill, Ulster County, which contains a multiple-

MEMORANDUM AND ORDER WILLIAM F. KUNTZ, II, District Judge: Following á jury trial, Defendant Ion Catalin Vrancea (“Defendant”) was found guilty of (1) Obstruction of Justice, (2) Destruction of Evidence, (3) Use of Arson to Commit Obstruction of Justice and/or Destruction of Evidence, (4) Use of Fire to Damage Real and Personal Property, and (5) Use of False Passport on January 15, 2013. Dkt. 6

OPINION OF THE COURT Per Curiam. The instant proceeding was instituted by petitioners pursuant to CPLR article 78 in the nature of mandamus seeking to compel the respondents Suffolk County Executive, Suffolk County Clerk and Presiding Officer of the Suffolk County Legislature to immediately call, i.e., choose a date for, a special election to fill a vacancy in the 18th Legislative District of t

805 F.Supp. 1422 (1992) UNITED STATES of America, Plaintiff, v. SUMMIT EQUIPMENT & SUPPLIES, INC., et al., Defendants, v. GENERAL MOTORS, et al., Third-Party Defendants. No. 5:90CV1704. United States District Court, N.D. Ohio, E.D. July 21, 1992. Memorandum and Order on Denial of Reconsideration September 13, 1992.

DOWD, District Judge. I. Introduction Appellant, Sylvester Accardo, Jr., was convicted of mail fraud, following a jury trial. He was sentenced to a term of 30 months and ordered to pay restitution in the sum of $239,954.39. Accardo was one of nine defendants charged with participating in a conspiracy to commit mail fraud in violation of 18 U.S.C. § 371. The other eight defendants pled guilty and received

OPINION WILLIAMS, Judge. Plaintiff, P.R. Contractors, Inc. (PR), seeks to recover additional costs totaling $865,156 *623that it claims to have incurred under its contract with the Army Corps of Engineers (Corps) for a levee enlargement in Louisiana (the Contract). Plaintiffs claim includes five components: 1) labor wage rate variances, 2) increase

739 F.Supp. 111 (1990) UNITED STATES of America, Plaintiff, v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS 890 NOYAC ROAD, NOYAC, NEW YORK, Defendant. No. CV 89-0461. United States District Court, E.D. New York. June 19, 1990. *112 Andrew J. Maloney, U.S. Atty. and Charles Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y., for plaintif

GIBSON, Circuit Judge. Wade Thomas appeals from his conviction of inducement of travel in interstate commerce for a fraudulent purpose, in violation of 18 U.S.C. § 2314. Thomas argues that there is insufficient evidence to sustain the conviction, that the district court erred in instructing the jury and in restricting the cross-examination of the victim, and that the prosecutor ma

874 F.Supp. 347 (1995) UNITED STATES of America v. Charlie SMITH, III. No. CR 94-AR-254-S. United States District Court, N.D. Alabama, Southern Division. January 20, 1995. *348 Ralph L. Armstrong, Ralph L. Armstrong, P.C., Bessemer, AL, John A. Lentine, Wooten & Lentine, P.C., Birmingham, AL, for defendant. Michael W.

34 F.Supp.2d 1147 (1999) UNITED STATES of America, Plaintiff, v. SHELTON WHOLESALE, INC., a Missouri corporation, d/b/a Shelton Fireworks; Polaris Fireworks, Inc., a Missouri corporation; and Greg Shelton, an individual, Defendants. Greg Shelton, Shelton Wholesale, Inc. and the National Fireworks Association, Ltd., Plaintiffs, v. United States Consumer Product Safety Commission, Ann Brown and Eric B. Ault, Defendants.