No.
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Case Name
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Date
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Reversed or Modified
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Reason
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Appellant’s attorneys
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1
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People v. Miller, 11 A.D.3d 729, 783 N.Y.S.2d (3dr dept., 2004)
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October 21, 2004
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Reversed and remitted
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Ineffective assistance of counsel
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David Roosa, Sidney
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2
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People v. Van Buren, 4 N.Y.3d 640, 830 N.E.2d 1130 (N.Y., 2005
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May 10, 2005
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NY Court of Appeals reversed decision of 3rd Department which affirmed Judge Becker's decision
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Erroneously dismissed traffic ticket to an attorney issued by environmental police
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Andrew Van Buren, Hobart, Pro Se
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3
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Edward S. v. Kelly S., 18 A.D.3d 976, 795 N.Y.S.2d (3rd Dept., 2005)
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May 12, 2005
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Reversed and remitted 2 orders
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Erroneous dismissal of father's petition for substantial change of circumstances for failure to state a cause of action without a hearing
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Lo Pinto, Schlather, Solomon & Salk, Ithaca (Diane V. Bruns of counsel)
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4
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In re Jessica GG., 19 A.D.3d 765, 797 N.Y.S.2d (3rd Dept., 2005)
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June 9, 2005
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Reversed and remitted
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Family Court's admonition to minor that she had the right, but was not required, to testify at fact-finding hearing did not satisfy requirement that minor be advised of right to remain silent at proceeding to adjudicate her a person in need of supervision (PINS).
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Jehed Diamond, Delhi, attorney for the child in PINS (persons in need of supervision) proceedings
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5
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Smith v. Smith, 24 A.D.3d 822, 804 N.Y.S.2d (3rd Dept., 2005)
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December 1, 2005
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Reversed
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Appellate court vacated order of protection against the father
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Theresa Mulliken, Harpersfield
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6
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People v. Abuiz, 31 A.D.3d 889, 817 N.Y.S.2d (3rd Dept., 2006)
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July 13, 2006
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Affirmed as modified
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Appellate court reversed defendant's convictions of criminal possession of a weapon in the fourth degree under counts 2, 4, 6, 8, 10, 12 and 14 of the indictment; matter remitted to the County Court of Delaware County for a new trial on said counts; Judge Becker usurped the jury's fact-finding function in response to jury inquiry, factually directed a verdict of guilt as to criminal possession of a weapon in the fourth degree in the event that the jury found defendant guilty of criminal possession of a weapon in the third degree
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Rosemarie Richards, Gilbertsville
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7
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Sparling v. Robinson, 35 A.D.3d 1142, 826 N.Y.S.2d (3rd Dept., 2006)
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December 28, 2006
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Reversed
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(1) mother's failure to have child return several telephone calls from father and members of father's household, and reference to father in derogatory terms, did not amount to change in circumstances warranting modification of custody order, and (2) modification of custody order to grant father sole custody of child was not in child's best interests.
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Jehed Diamond, Delhi
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8
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Tanner v. Tanner, 35 A.D.3d 1102, 826 N.Y.S.2d (3rd Dept., 2006)
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December 28, 2006
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Reversed and remitted
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Denial of incarcerated petition for visitation with the child without a hearing
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Theresa Mulliken, Harpersfield
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9
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Meier v. Key-Meier, 36 A.D.3d 1001, 828 N.Y.2d (3rd Dept., 2007)
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January 4, 2007
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Affirmed as modified
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Appellate Court reversed denial of counsel fees to father
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Rosemarie Richards, Gilbertsville, Andrew Van Buren, Hobart
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10
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Armstrong v. Heilker, 47 A.D.3d 1104, 850 N.Y.S.2d (3rd Dept., 2008)
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January 17, 2008
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Affirmed as modified and remitted
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Appellate court reversed order directing mother to submit to mental health evaluation by expert chosen by father
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Jehed Diamond, Delhi
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11
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Amato v. Amato, 51 A.D.3d 1123, 857 N.Y.S.2d (3rd Dept., 2008)
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May 1, 2008
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Reversed and remitted
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Failure to appoint an attorney for the child
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Andrew Van Buren, Hobart
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12
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Gil v. Gil, 55 A.D.3d 1024, 870 N.Y.S. 2d (3rd Dept., 2008)
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October 16, 2008
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Affirmed as modified
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Appellate court vacated stay away provisions of the order of protection against the father as unsupported by the record
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James M. Hartmann, Delhi
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13
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Hills v. Madrid, 57 A.D.3d 1175, 869 N.Y.2d (3rd Dept., 2008)
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December 18, 2008
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Affirmed as modified
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Appellate Court vacated award of sole custody to the mother as not supported by the record, restored joint legal custody
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Cynthia J. Tippins, East Greenbush
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14
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Adams v. Bracci, 61 A.D.3d 1065, 876 N.Y.S.2d (3rd Dept., 2009)
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April 2, 2009
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Affirmed as modified
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Appellate court vacated award to father of sole custody where father did not request such a relief in petition, no notice to pro se mother
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Paul J. Connolly, Delmar
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15
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People v. Beames, 71 A.D.3d 1300, 896 N.Y.S.2d (3rd Dept., 2010)
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March 18, 2010
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Reversed and remitted
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trial court's findings of fact and conclusions of law were insufficiently detailed to permit intelligent appellate review, and (2) mitigating circumstances did not support downward departure in defendant's presumptive sex offender risk level classification
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Theresa Mulliken, Harpersfield
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16
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People v. Hull, 71 A.D. 3d 1336, 898 N.Y.S.2d (3rd Dept., 2010)
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March 25, 2010
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Reversed and remitted
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Ineffective representation of counsel
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Jonathan I. Edelstein, New York City
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17
|
In re Village Of Fleischmanns, 77 A.D. 3d 1146, 909 N.Y.S.2d 564 (3rd Dept., 2010)
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October 21, 2010
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Reversed
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Village was not equitably estopped from foreclosing
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Bond, Schoeneck & King, P.L.L.C., Albany (Robert H. Feller of counsel)
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18
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Moore v. Sloan, 88 A.D.3d 1193, 932 N.Y.S.2d (3rd Dept., 2011)
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October 27, 2011
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Affirmed as modified
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Appellate court vacated order without a hearing that granted mother sole medical decision-making authority
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Theresa Mulliken, Harpersfield
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19
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Geywits ex rel. Geywits v. Charlotte Valley Cent. School Dist., 98 A.D.3d 804, 949 N.Y.S.2d (3rd Dept., 2012)
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August 16, 2012
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Reversed
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Appellate court reversed the denial of motion for the summary judgment to the school sued for failure to supervise minors who were allowed to go to the restroom alone and were exposed to sexual misconduct of a sophomore, the appellate court found that the school lacked notice of prior similar misconduct
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The Mills Law Firm, LLP, Clifton Park, Christopher K. Mills
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20
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Shields v. Carbone, 99 A.D.3d 1055, 952 N.Y.S.2d (3rd Dept., 2012)
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October 18, 2012
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Affirmed as modified
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Appellate court reversed portion of the decision requiring Delaware County to return the bail, instead requiring the law firm O'Connell and Aronowitz, PC to first return bail to Delaware County
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Richard Spinney, Delaware County Attorney
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21
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Scribani v. Buchannon, 101 A.D.3d 1517, 957 N.Y.S.2d (3rd Dept., 2012)
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December 27, 2012
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Affirmed as modified
|
Appellate court reversed dismissal of complaint against second defendant
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Tatiana Neroni, Delhi
|
22
|
People v. Hazen, 103 A.D.3d 943, 962 N.Y.S. 2d (3rd Dept., 2013)
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February 14, 2013
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Reversed
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Appellate court reversed summary denial without a hearing of a motion to modify sex offender level classification, failure to satisfy procedural requirements
|
Theresa Mulliken, Harpersfield
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23
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People v. Lynch, 104 A.D. 3d 1062, 961 N.Y.S. 2d (3rd Dept., 2013)
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March 28, 2013
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Reversed
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Failure to grant a motion to withdraw the plea because of a conflict when two criminal defendants were represented by the same counsel
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Galluzzo & Johnson, New York City, Matthew J. Galluzzo for appellant
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24
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Hurtado v. Williams, 112 A.D.3d 1047, 976 N.Y.S.2d (3rd Dept., 2013)
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December 5, 2013
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Affirmed as modified
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Appellate court reversed denial of a motion to dismiss a common law negligence claim by a tavern in a case alleging negligent service of alcohol
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Costello, Cooney & Fearon, PLLC, Camillus (Maureen G. Fatcheric of counsel)
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25
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In re Bayley W., --- NYS2d ---, 2014 WL 1316462, 3rd Dept., April 3, 2014
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April 3, 2014
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Reversed
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Severing parental rights of an incarcerated father without an evidentiary hearing
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Theresa Mulliken, Harpersfield
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