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Topic: New York Supreme Court

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In the News (Fri 26 Apr 19)

  New York Supreme Court - Wikipedia, the free encyclopedia
Smaller civil cases and less serious criminal cases are handled in other courts: the Civil and Criminal Courts in New York City; County and District Courts in Nassau and Suffolk Counties on Long Island; and County, City, Town and Village Courts in the rest of the state.
Although the New York Supreme Court in theory has unlimited general original jurisdiction over civil litigation, in practice it does not normally hear cases with lower monetary claims that are within the powers of a New York state trial court of limited jurisdiction such as County Court or N.Y.C. Civil Court.
New York's highest appellate court is the Court of Appeals; appeals are taken from the four departments to the Court of Appeals; decisions from the Court of Appeals are binding throughout the state.
en.wikipedia.org /wiki/New_York_Supreme_Court   (639 words)

 New York Supreme Court, Appellate Division - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-04)
The Appellate Division of the New York Supreme Court is the intermediate appellate court in the U.S. state of New York.
The Appellate Division hears appeals from the New York Supreme Court, which is the state's general trial court; decisions by the Appellate Division are in turn appealed to the state's highest court, the New York Court of Appeals.
New York's rules of civil procedure allow for interlocutory appeals, meaning that most trial court decisions may be appealed to the appropriate appellate department while the case is still pending in the trial court.
en.wikipedia.org /wiki/New_York_Supreme_Court,_Appellate_Division   (507 words)

 New York v. Ferber (1982)
The court reasoned that in light of the explicit inclusion of an obscenity standard in a companion statute banning the knowing dissemination of similarly defined material, the statute in question could not be construed to include an obscenity standard, and therefore would prohibit the promotion of materials traditionally entitled to protection under the First Amendment.
It remains to address the claim that the New York statute is unconstitutionally overbroad because it would forbid the distribution of material with serious literary, scientific, or educational value or material which does not threaten the harms sought to be combated by the State.
The Court's holding that this respondent may not challenge New York's statute as overbroad follows its discussion of the contours of the category of nonobscene child pornography that New York may legitimately prohibit.
www.bc.edu /bc_org/avp/cas/comm/free_speech/ferber.html   (9592 words)

 Same-Sex Marriage In NY - CBS News
And even New York Supreme Court Judge Doris Ling-Cohen knew that her decision would be appealed, which it will be by order of Mayor Michael Bloomberg, and that it may not withstand the rigors of appellate review.
Based upon those facts, and citing the Supreme Court's rulings a generation ago that struck down laws prohibiting interracial marriage, the judge declared that any individual has the constitutional right to marry the person or his or her choice, whether or not society as a whole approves of that choice.
From a 1965 Supreme Court Court ruling that struck down a Connecticut law that banned the sale of contraceptives, she culled the following language: "Marriage is a coming together for better or for worse, hopefully enduring, and intimate to a degree of being sacred.
www.cbsnews.com /stories/2005/02/06/opinion/courtwatch/main671958.shtml   (1031 words)

 NEW YORK V. HILL   (Site not responding. Last check: 2007-11-04)
New York lodged a detainer against respondent, an Ohio prisoner, under the Interstate Agreement on Detainers (IAD).
After respondent was convicted of both charges, the New York Supreme Court, Appellate Division, affirmed the trial court’s refusal to dismiss for lack of a timely trial.
The State Court of Appeals, however, reversed and ordered that the indictment be dismissed; counsel’s agreement to a later trial date, it held, did not waive respondent’s IAD speedy trial rights.
supct.law.cornell.edu /supct/html/98-1299.ZS.html   (370 words)

 Lochner v. New York
Hardy, 169 U.S. The conditions existing in the State of New York, which may be considered as the occasion for the enactment of the statute under consideration, show that it was a proper exercise of the police power of the State.
In the Supreme Court two of the five judges composing the Appellate Division dissented from the judgment affirming the validity of the act.
The judgment of the Court of Appeals of New York as well as that of the Supreme Court and of the County Court of Oneida County must be reversed and the case remanded to the County Court for further proceedings not inconsistent with this opinion.
www.tourolaw.edu /patch/Lochner   (4859 words)

 Welcome to the Legal Information Institute   (Site not responding. Last check: 2007-11-04)
January 18 - U.S. Supreme Court, in Ayotte v.
December 6 - U.S. Supreme Court decision in Wagnon v.
June 23 - U.S. Supreme Court decision in Kelo v.
www.law.cornell.edu   (1208 words)

 American Civil Liberties Union : Supreme Court Ends Term With Reaffirmation of Rule of Law During Times of National ...   (Site not responding. Last check: 2007-11-04)
NEW YORK -- The Supreme Court Term that ended today will long be remembered for its emphatic repudiation of the Bush administration's claim that it can conduct the war on terrorism as it sees fit with virtually no opportunity for meaningful judicial review, the American Civil Liberties Union said today.
Before the Supreme Court, however, the administration contended that Guantánamo is still part of Cuba and thus the detainees being held there have no right to challenge the legality of their detention in federal court.
The Court ultimately stopped short of deciding whether Vice President Cheney could be compelled to disclose the identity of private advisors to the government energy task force he chaired.
www.aclu.org /court/court.cfm?ID=16029&c=261   (1831 words)

 New York Supreme Court Hears the Lawsuit Against Liang Guanjun for the Assault of Falun Gong Practitioners | ...
On the 20th of December in 2004, oral arguments were heard by the New York Supreme Court in the case of the public assault of Falun Gong practitioners.
The attorney did not follow New York law and court procedures, under which data and evidence have to be presented.
The summons was for the complaint of plotting and group attack of Falun Gong practitioners appealing peacefully on the 23rd of June in 2003.
www.clearharmony.net /articles/200412/24022.html   (902 words)

 New York State Supreme Court Building
The Supreme Courthouse (New York County Court) overlooks Foley Square and is located between Worth and Pearl Streets.
The building houses the Supreme Court and the Office of the County Clerk.
The courthouse was the first major New York commission for the well-known Boston architect Guy Lowell (1870-1927).
www.nyc.gov /html/dcas/html/resources/man_supremecourt.shtml   (302 words)

 New World Man - almost free: Fish in a barrel, New York Times Supreme Court endorsement division   (Site not responding. Last check: 2007-11-04)
Reading the New York Times' endorsement of the confirmation of Judge Ruth Bader Ginsburg on July 25, 1993 (go buy it from their paid archives if you want; I did), you would think that a nominee who is obviously smarter than his Senate interrogators would be a blue chip choice for the Court.
When the Court laid down its one-man, one-vote rule for state legislatures in 1964 he dissented, because he believed the vitality of the American political system was weakened by reliance on the judiciary for political reform; "the Constitution," he said, "is not a panacea for every blot upon the public welfare."
As the 1993 editorial board of the New York Times described then-Supreme Court nominee Ruth Bader Ginsburg, she would serve a capital doppelgänger to Judge John Roberts today.
www.newworldman.us /archives/2005/09/fish_in_a_barre.html   (1002 words)

 Hindu Temple Society of North America v. New York Supreme Court
The suit, which was filed in Brooklyn at the U.S. District Court for the Eastern District of New York, argues that local courts are aiding the hostile takeover of the Temple in violation of the First and Fourteenth Amendments to the U.S. Constitution, and seeks an injunction (PDF format) barring this activity.
On June 30, 2005, New York Attorney General Eliot Spitzer, who is defending the state in the federal court action, intervened in the state court action, asking the Appellate Division to "revise[ ] and correct[ ]" its erroneous decision to order the Temple to create members and then hold referee-run elections.
New York, Aug 4: One of America's largest Hindu temples has accused a judge of violating the separation of church and st...
www.becketfund.org /index.php/case/87.html   (1402 words)

 New York Supreme Court Rules That LaVan Hawkins Must Pay Franchise Acceptance Corporation $8.4 Million
Court Allows Execution of Judgment Entered in September MIAMI, Dec. 19 /PRNewswire/ -- The New York State Supreme Court for the County of New York today ruled today that LaVan Hawkins and two of his corporations must pay $8.4 million to Franchise Acceptance Corporation (FAC), an affiliate of Burger King Corporation.
The Court today denied Hawkins' motion to vacate a default judgment issued in September in favor of FAC and lifted a stay of execution on the judgment, which had been granted at a hearing on September 27.
Issuers of news releases and not PR Newswire are solely responsible for the accuracy of the content.
www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/12-19-2000/0001390212&EDATE=   (250 words)

 New York Supreme Court Criminal Term Library - Powered By Bloglines
The Georgia Supreme Court affirmed, holding that because Randolph was present when the police came to his home, the police were required by the Fourth Amendment to heed his objection to the search.
Perry Reich, the New York attorney who stands convicted of forging a federal magistrate judge's order and lying to the government, was sentenced Friday to 27 months in prison after a judge described his plight as unlike any case he had ever seen.
A California Bar Court supervising judge has recommended that solo practitioner Richard Marcus be suspended from practicing law for nine months and put on probation for three years for his role in a bizarre scheme aimed at helping a 16-year-old escape her father's custody through an international marriage in the Bahamas.
www.bloglines.com /blog/PLL   (5577 words)

 New York Supreme Court claimed to be Russia’s court of higher instance - Pravda.Ru   (Site not responding. Last check: 2007-11-04)
CAI addressed to the court of New York, which resulted in the arrest of the bank’s accounts in Belgium (in the sum of 500 million dollars) in April of 1999.
The Supreme Court of Russia resolved to levy the damage from CAI in favor of the National Reserve Bank’s.
Pursuant to this document, all court decisions are supposed to be conveyed by means of diplomatic mail, with the use of the channels of the ministry for justice.
english.pravda.ru /main/2002/08/02/33773.html   (1057 words)

 Medicaid | New York Supreme Court Rules That State Violated Constitution By Denying Medicaid to Immigrants - ...
The New York State Court of Appeals ruled unanimously yesterday that the state had violated both its own and the U.S. Constitutions by denying Medicaid benefits to otherwise qualified legal immigrants, the
That decision was reversed by an appellate court.
Since the welfare law's passage, many states with large immigrant populations, including California and New Jersey, have decided to cover the full cost of Medicaid benefits for legal immigrants, with the governors of these states "express[ing] frustration" at the lack of federal funding.
www.kaisernetwork.org /Daily_reports/rep_index.cfm?DR_ID=5018   (465 words)

 New York Times Supreme Court Reporter
The Supreme Court's position is hard to understand, because as an appeals court, it hears cases without a jury and without witnesses, so the negative influence of TV that is often cited in criminal trials can't possibly be a problem.
The Supreme Court has permitted access to personal records, such as bank records and records of phone numbers called, for law enforcement purposes, and I wouldn't expect computerized records to be treated any differently when that comes up.
The New York courts had declared the district unconstitutional and the Supreme Court agreed in a 6-3 decision by Justice Souter.
teacher.scholastic.com /researchtools/articlearchives/civics/usgovt/guests/nytsurep.htm   (2718 words)

 New York Supreme Court of Appeals says No to Homosexual Marriage
NEW YORK, December 9, 2005 (LifeSiteNews.com) - The Supreme Court of New York State has ruled that it has no competence to re-define legal marriage, overturning a previous ruling that would have allowed homosexual partnerings the same legal status as normal marriage.
Court's Appellate Division ruled 4-1 that Justice Doris Ling-Cohan erred in her presumption that the courts have the authority to create constitutional rights out of whole cloth.
The New York appeals court said this kind of judicial activism, “was an act that exceeded the court's constitutional mandate and usurped that of the Legislature.”
www.lifesite.net /ldn/2005/dec/05120904.html   (567 words)

 New York Supreme Court justice gets slap for ethics rap
ALBANY: A state Supreme Court justice who oversees a region spanning from Ulster and Sullivan counties to Albany, received an official slap on the wrist yesterday for unethical conduct.
In 1997 Kossover bought their New Paltz building from Torraca's corporation, which held a mortgage for them through last year and used his judicial chambers as its mailing address.
New York State Supreme Court justices in the region routinely hear civil cases like lawsuits and divorces.
www.recordonline.com /archive/2000/11/18/onsjudge.htm   (301 words)

 The Supreme Court in Transition - The New York Times
It appeared unlikely that a Supreme Court majority would overturn as unconstitutional the 2003 redistricting plan that led to the loss of five Democratic seats in Congress.
The Supreme Court brought an end to a 20-year effort to hold anti-abortion groups accountable for blockading abortion clinics during the 1980's.
A month after the Supreme Court rejected federal efforts to block Oregon's doctor-assisted suicide law, the issue has not yet hit the top of the national agenda as some predicted.
www.nytimes.com /pages/politics/politicsspecial1   (511 words)

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lcweb2.loc.gov /award/icufaw/bbf0091/icufawbbf0091.data   (1071 words)

 DRCNet Interview: Retired New York Supreme Court Justice Jerome Marks
Since his retirement, Marks has devoted considerable effort to undoing some of the worst excesses of New York's draconian Rockefeller drug laws, including undertaking successful clemency petitions for a handful of people languishing in prison for years for minor roles in drug crimes.
There was some concern, but there is not much the judges can do, except in the appellate courts, and the Court of Appeals found the law to be constitutional in 1975.
There is public support -- a New York Times poll last year saw 80% in favor of reforming the Rockefeller laws -- but the problem is, it's just not a priority.
stopthedrugwar.org /chronicle/307/judgemarks.shtml   (2345 words)

A new term - "cybersmear" - has been coined to describe these types of defamatory messages sent by persons using pseudonyms or "screen names" to mask their true identify while they vent their anger at the corporate world.
On May 1, 2003, Peter J. Pizzi, an authorityon Internet and information technology law, addressed the Supreme Court of the State of New York on the topic of the growing number of lawsuits aimed at stopping cybersmear.
His talk, "Responding to Cybersmear, Issues of Civil Procedure in Conducting "Identity Discovery," was one of 11 that took place at a Supreme Court of of the State of New York Commercial Division Judicial Seminar held at the Pace University School of Law.
www.connellfoley.com /news/pizzi-cyber.html   (596 words)

 Home Page
Our court is the highest trial court for civil cases in the state court system in New York County.
The court traces its origins to the year 1691 and is the oldest continuously-serving court of general jurisdiction in the United States.
For information about our court of interest to the general public, consult the "General Information" section.
www.courts.state.ny.us /supctmanh   (205 words)

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