Results tagged “judge”

When courting a young maiden, it is acceptable to formally introduce oneself through a mutual acquaintance in society, or by sending a virtual "wink" through the social networking website of your choice. Other methods, such as honking one's horn or pretending to be a Rockefeller, are generally considered unacceptable. But what about breaking into a woman's apartment, stripping naked, getting into bed with her and licking her neck?

Couples therapist Joyce Poster-Lederman has been barred from her Upper West Side apartment since September 29th, when she allegedly slashed her 79-year-old husband with two kitchen knives. But yesterday her lawyers convinced Manhattan Supreme Court Justice Anthony Ferrara to let her pack her knives and go home—despite the judge's initial reluctance. Defense lawyer Aaron Wallenstein insisted to Judge Ferrara that husband Selwyn Lederman, also a psychologist, wants her back. But the judge got the courtroom in stiches with his commentary.

Now that State Senator Hiram Monserrate has opted for a bench trial, versus having a jury hear allegations that he assaulted his girlfriend last year, his fate is in the hands of Justice William M. Erlbaum. City Room reports that the National Organization for Women's New York chapter has been asking women to contact Erlbaum and ask him give the former turncoat Senator "to the maximum sentence allowable by law." Of course, Monserrate's lawyer is upset, claiming, "They’re trying to improperly persuade the fact finder. It’s akin to writing a letter to a juror." On the other hand, Office of Court Administration spokesman David Bookstaver points out it's not quite "akin" since Erlbaum is a public official. The judge also pointed out to Monserrate, at "in a bench trial, I wear two hats: I get to see all the evidence, even impermissible evidence," which includes the purported video of Monserrate roughly handling his girlfriend. One defense lawyer told the Post of the bench trial decision, "It's really gutsy -- but really risky. He's taking out one of the key components of a jury, and that's empathy. A judge cannot and will not be sympathetic to you, relying completely on the law."

Bronx Judge Joseph Dawson is fed up with the overly casual attire worn by defendants in his courtroom, and he's putting lawyers on notice that their clients need to class it up. On Monday he schooled a man for wearing shorts and a T-shirt, explaining, "I'm not saying you have to wear a suit. You don't. Just wear something appropriate." And he berated lawyer Edward McGowan: "Your client comes up in a T-shirt and sweatpants, chewing gum? This court deserves more respect than that." The fashion lesson sent defendant Mirabel Aquino—who was awaiting her drug-case sentencing in purple shorts, a tank top and gold flip-flops—scrambling to the ladies room to swap outfits with her better-dressed sister. After the quick change, she got five years' probation, and her lawyer admits, "In the Bronx, things can get a bit lackadaisical." But is judge Dawson demanding too haute couture from indigent defendants? A lawyer with the nonprofit Bronx Defenders tells the Daily News, "All of our clients are poor. What may be the best clothes they have might be considered by others to be disrespectful to the court."

A man who spent 16 years in prison for a murder he didn't commit is angry all over again because the judge who dismissed his appeal over a procedural error is now on her way to the Supreme Court. When he was 16 years old, Jeffrey Deskovic was convicted of raping, beating and strangling a Peekskill High School classmate in a jealous fit of rage; he was finally exonerated in 2006 after DNA evidence was matched to a man serving time for another Westchester murder. But Deskovic could have been out much sooner had Sonia Sotomayor not rejected his habeas corpus petition appeal because the paperwork arrived four days late in 1997. Deskovic's lawyer blamed a clerk for providing the wrong deadline, but Sotomayor ruled that the "alleged reliance of Deskovic’s attorney on verbal misinformation from the court clerk" was his problem. Needless to say, all the liberal praise for Sotomayor rings a bit hollow for Deskovic, who tells the Times, "To hear that a judge who put procedure over innocence could be moving to a higher court is very upsetting to me."

With federal judge Sonia Sotomayor's nomination to the Supreme Court, everyone is predicting how things will turn out during the Senate confirmation hearings. Newsday looks at how Sotomayor actually has many similarities with Justice Samuel Alito, who was appointed by President Bush in 2005: "Both grew up Roman Catholic in modest homes wanting to be judges, attended the same Ivy League schools, became prosecutors in their first full-time jobs and served more than a decade on the circuit court. And both have remained closely tied to their ethnic roots and the communities where they grew up: Alito, 59, as an Italian American in New Jersey, and Sotomayor, 54, as a Puerto Rican in the Bronx." And, as Sotomayor's impartiality gets the once over, keep in mind that Alito said during his confirmation hearings, "When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account."

Fulfilling what must have been a life-long dream, a federal judge quoted from Caddyshack in dismissing Andrew Giuliani's golf lawsuit against Duke University. All together now: So he's got that going for him. You may recall that Andrew, son of Rudolph the Red Faced Mayor, is suing the school for kicking him off the varsity golf team. He says he was promised "lifetime access" to Duke's golf facilities by ex-coach Rod Myers, but then a new coach tossed him into the rough.

Yesterday a federal judge ruled against a coalition of billboard owners trying to overturn a 2001 city zoning resolution that restricts advertising near highways and implements tougher permitting procedures. A giant billboard for Platinum Gentleman's Club is just one recent example of advertising outraging a community, and lawyers for the city hailed the ruling for "minimizing visual clutter, preserving neighborhood character and reducing unnecessary distractions to drivers on its major roadways." Clear Channel Outdoor and other sign owners had chafed at the zoning regulations, but the Buildings Department has been slow to enforce the changes, and has been criticized for a faulty approach to everything from crane safety to building inspections. But with the city strapped for revenue, we may see the department emboldened by yesterday's ruling, and one illegal billboard near Astor Place has already incurred almost $1 million in fines. (Whether the offendors will ever pay up is another question.)

The judge presiding over the trial of legendary philanthropist Brooke Astor's son told potential jurors to go off the grid if they are selected. Supreme Justice Kirke Bartley said, "I understand there is a temptation to review [news] stories. You are not to conduct research...particularly on the Internet... Blogging, BlackBerrys, whatever," are not allowed. The lawyer for Anthony Marshall, who is accused of conspiring to take millions from his ailing mother's estate, said, "There have been reports from all over about jurors Twittering and blogging." In the meantime, the 82-year-old defendant was using a cane: "I’m a little wobbly, that’s why I’ve got the cane. Sometimes I can get around without it, but when I do something like this, I really need a cane.”

Last year Brooklyn's Kimber VanRy was savoring a Sierra Nevada on his Sterling Street stoop when he was spotted by police and promptly given a ticket for having an open container. He finally sat in front of a judge this morning, prepared to fight for all our rights to imbibe outdoors. However, the Brooklyn Paper reports that "the long-awaited trial will have to wait a few more days," after Judge Jerome Kay stepped down from the case. Kay says he followed press coverage and felt that by being familiar with story and the neighborhood (and the stoop itself) he "would give the appearance that I could not be fair, pro or con." The case is allegedly going back to the bench next Tuesday, as judgment falls to the hands of another. What side will he or she fall on? Dun Dun Dun! A boozy borough waits with bated breath.

A State Supreme Court judge said he's ready to step in if the Mayor Bloomberg and the City Council continue their skirmish over the $400 property rebate checks. In a hearing about a lawsuit from S.I. lawmakers over the checks, Justice Philip Minardo said, "This is a serious matter, and it affects hundreds of thousands of people, and it's not going to languish. If the Council and mayor do not agree, then...the court will decide." Bloomberg, who contends the city can't afford the $256 million, said, "I would like to send out the checks. The question is, what is the cost of doing that? If we do that, make no mistake about it, there will be fewer city employees, because that's where the city money goes, to pay employees who provide services." But City Council Speaker Christine Quinn said, "This shouldn’t be in the courts...the checks should be sent out and we should stop wasting court counsel’s time in court" (but she did concede it would be impossible for the Dept. of Finance to send the checks by Christmas).

A judge has thrown out an insurance broker's lawsuit against AMC Lincoln Square Cinema over a fractured tooth he incurred from an unpopped kernel in a tub of popcorn. 46-year-old Steve Kaplan broke the tooth last year during a screening of Superbad, and wanted the theater to cover the cost of his $1,250 in dental work. Judge Matthew Cooper tossed out the claim yesterday, having some fun in the process: "Until such time as the same bioengineers who brought us seedless watermelon are able to develop a new strain of popping corn where every kernel is guaranteed to pop, we will just have to accept partially popped popcorn as part and parcel of the popcorn-popping process. [Or] resist the urge to devour the bag by the handful in favor of more cautious nibbling by the piece."

Infamously litigious Ladies' Night foe Roy Den Hollander got bounced from federal court yesterday by judge Miriam Cedarbaum, who rejected his lawsuit against several nightclubs for discriminating against men with their discounts for females. Hollander denounced Cederbaum as "a feminist" and told the Daily News that "this lawsuit would have put an end to guys financially subsidizing girls to party at nightclubs." The judge ruled that private clubs can charge as much as they want and dismissed Hollander's claim that a precedent was set in the '60s when two women successfully sued McSorley's after being denied alcohol. (One Daily News commenter theorizes that Den Hollander simply "hates not being a woman. He wants to be in the bars with all men to get his grease on.") His lawsuit against Columbia for offering women's study courses is still pending.

In a clever ploy to undermine the city’s controversial proposal to lease out the 78-year-old Union Square Pavilion as a year-round restaurant, a group of activists sent a fake press release Monday that claimed to be from the Union Square Partnership Business Improvement District (BID). The release announced the BID’s decision to drop its push for “privatization of the famous park after overwhelming feedback from citizens across New York City.” (NewsBlaze still has the release on their website.)

After the roof over her head burned to the ground, Shaniqua Tompkins found herself in court where a Manhattan judge ruled that she owes Fifty Cent $4,500 for May rent that she never paid (previously a judge ruled she owed double that for past due rents). The NY Post reports that she has until Friday to come up with the cash.

"She better pay it by the end of the week. Do you understand?" Edmead told Tompkins' lawyer, Paul Catsandonis, at a hearing yesterday.

Continue reading "Fifty Cent and His Ex Get Court Orders"

A State Supreme Court judge has issued a “preliminary injunction” prohibiting the city from turning the 78-year-old Pavilion in Union Square park into a restaurant. Last week the court ruled that the $21 million overhaul to the north end of the park could proceed while a lawsuit brought by community groups moves forward, but temporary stalled work on the Pavilion.

Yesterday a Manhattan judge ruled that socialite Tricia Walsh-Smith, the scorned and furious wife of Philip Smith, could continue slandering her husband via YouTube as long as she stopped filming the series in the luxury apartment Smith owns. The 77-year-old president of the Shubert organization is in the midst of a nasty divorce proceeding against Walsh-Smith and, per their prenuptial agreement, is trying to evict her from the Park Avenue residence.

UPDATE: NY1's first report yesterday on the Union Square Pavilion lawsuit has been corrected. It turns out that, contrary to the initial news, the injunction stopping work on the park’s 78-year-old Pavilion is still in effect.

A federal appeals judge has issued a delay on enforcement of the new law that would require NYC restaurants with 15 or more establishments nationwide to prominently display calorie information for all foods and beverages. The rules had been scheduled to take effect on Saturday; the new delay will last until Tuesday, when the three-member appeals court will formally consider an even longer delay.

A state judge has issued a temporary restraining order to stop the city’s $21 million overhaul of the north end of Union Square Park, which would install a new restaurant in the historic Pavilion, redesign two playgrounds and repave asphalt where the Greenmarket had been operating. A coalition of community groups and parks advocates who brought the lawsuit say the city needs to get approval from the state legislature before privatizing part of the park, which has long been a flashpoint for protests and rallies.

John White is free on bail after being convicted of manslaughter, and yesterday called for the arrest of the father of the 17-year-old Long Island man he killed. His son Aaron filed a complaint with police after Daniel Cicciaro Sr. seemed to threaten his life. White was convicted of manslaughter and sentenced to two to four years for the death of Daniel Cicciaro Jr., who he shot in the head during an altercation in August 2006. The victim's father was apoplectic following the sentencing, which he deemed inappropriately light. In front of news cameras, Cicciaro Sr. went on a profanity-laced tirade. "Let's see what happens when Aaron White gets shot!" he yelled at one point.

Two lawsuits currently wending their way through New York courts are forcing judges to grapple with the legal ramifications of “gay divorce.”

A judge has finally ruled on a long-simmering dispute between a restaurant and its deliverymen. Last March deliverymen at the popular Vietnamese restaurant Saigon Grill, which has locations in Greenwich Village and on the Upper West Side, demanded a raise from owners Simon and Michelle Nget. The deliverymen reasoned that since the chain was pulling in more than $2 million a month, they ought to earn more than $120 for a 75-hour week.

A state judge has shot down Mayor Bloomberg’s plan to rent sports fields on Randalls Island to private schools because the administration failed to follow the legally required land-use review process when it made the deal. The plan was for private schools to pay $2.6 million a year for the next two decades in exchange for use of the renovated fields during peak hours from 3pm to 6pm. The Parks Department had agreed to contribute $65 million to refurbishing 36 sports fields and building new fields on 12.5 acres of the island.

Brooklyn Surrogate Court Judge Diana Johnson is the first African-American to be elected to a Surrogate Court judgeship in New York history. With only weeks on the bench, however, someone spray painted racist graffiti inside two separate elevators at the Downtown Brooklyn courthouse. One message read "Judge Diana Johnson is Dumb," and the other read "Judge Diana Johnson is a Dumb (n-word)." Dozens of lawmakers and judges held a rally to support Johnson in the wake of the offensive and criminal acts.

The three undercover police detectives facing trial in the death of Sean Bell waived their right to a jury trial, after unsuccessfully attempting to move the trial out of Queens. Bell was killed early on the morning of his wedding, as he left the Kalua stripclub in Queens with friends. They had been celebrating Bell's impending nuptials while undercover cops were simultaneously conducting an investigation into the illegal gun trade.

Former New Jersey Governor Jim McGreevey and his ex-wife Dina Matos McGreevey are making sure they're not letting the best interests of their six-year-old daughter get in the way of their bitter divorce. The publicly feuding pair were back in court yesterday, where they were excoriated by a judge. The McGreeveys split when the governor resigned amidst a sex harassment scandal in which he famously announced that he was "a gay-American.""The hatred you have for...