Ineffective Assistance, Criminal Appeals/Post-Motion Hearings
The New York Criminal Defendant was represented by counsel who he alleged was ineffective. One often hears gripes about the attorney representing the accused of criminal charges. New York Criminal Defense, Florida Criminal Defense and Federal Criminal Defense are all governed by standards that require a criminal defense attorney to be versed in the collateral consequence of deportation. Former criminal defendants who are facing deportation often rely upon the appellate and po
FOIL: Avoiding Accountability with "Reasonable Basis"
In MATTER OF GANNETT SATELLITE INFO. NETWORK, LLC v. New York State Thruway Auth., 2020 N.Y. Slip Op 1680 (App. Div. 2020), the Third Department is met with a request for records of "any emails, letters or any other written or digital communication regarding the shifting of Rockland-bound traffic from the old Tappan Zee Bridge to the Gov. Mario M. Cuomo Bridge overnight August 25 and 26, 2017 to or from [12 current or former directors, officers or employees of respondent] fro
Due Diligence - FOIL for Civil Rights Violations
In Hayes v. City of New York, 2020 NY Slip Op 30672 - NY: Supreme Court 2020, the Court evaluates whether a Civil Rights Plaintiff, (a Person in New York City whose Civil Rights were violated), took reasonable efforts in locating the names of the bad actors, the New York City Police Department Police Officers, who violated Plaintiff's Civil Rights through false arrest and malicious prosecution: Plaintiff commenced this false arrest/malicious prosecution action against the Cit
University Sexual Harassment, Title IX, College Sexual Assaults must have Notice to Proceed
The case of Doe v. UNION COLLEGE, No. 1: 19-cv-284 (GLS/CFH) (N.D.N.Y. Mar. 5, 2020) arises as a result of longstanding policy and what the Plaintiff alleges as the indifference of the college the groups of raucous men that form fraternities but, in this particular case, the fraternity of TD Chi: On or about September 3, 2017, plaintiff, having arrived early to campus for a pre-orientation leadership program, attended a party at the all-male fraternity TD Chi. (Am. Compl. ¶¶
