Cases of Interest

Irish Lesbian & Gay Org. v. Bratton, 882 F. Supp. 315 (S.D.N.Y. 1995) (regarding the right of the Irish Lesbian & Gay Organization to march in the St. Patrick’s Day Parade).

In re R.M. Children, 165 Misc. 2d 441, 627 N.Y.S.2d 869 (N.Y. Fam. Ct. 1995) (rejecting the proposed testimony of a so-called “sex abuse validator” to corroborate a claim of child sex abuse)

People v. Arbeiter, 169 Misc. 2d 771, 650 N.Y.S.2d 915 (N.Y. App. Term 1996) (reversing “interests of justice” dismissal of 90 disorderly conduct cases arising from protests against the exclusion of LGBT groups from the St. Patrick’s Day Parade, but upholding dismissal of 60 “passive” resisting arrest charges. With co-counsel Mary D. Dorman).

Borges v. Gonzales, 402 F.3d 398 (3d Cir. 2005) (recognizing that the time within which to file a motion to reopen an in absentia order can be tolled in cases involving ineffective assistance of counsel or fraud)

Carossia v. City of New York, 39 A.D.3d 429, 835 N.Y.S.2d 102 (N.Y. App. Div. 1st Dep’t 2007) (vacating a $740,000 verdict against the Administration for Childrens’ Service by parents wrongfully accused of child sex abuse, on the basis of immunity and lack of a “special relationship”)

Bustamante v. Napolitano, 582 F.3d 403 (2d Cir. N.Y. 2009) (denying a motion to dismiss based on mootness, and holding that DHS does not have jurisdiction to deny a naturalization application once a petition has been filed with the US District Court)

Lord v. Napolitano, 324 Fed. Appx. 115, (2d Cir. N.Y. 2009) (denying a motion for counsel fees under the EAJA, with a useful discussion about when the government’s position is substantially justified).

Gomes v. Holder, 372 Fed. Appx. 170 (2d Cir. 2010) (granting motion to reopen based on changed country conditions in Bangladesh)

Albunio v City of New York, 16 N.Y.3d 472, 947 N.E.2d 135, 922 N.Y.S.2d 244 (N.Y. 2011) (upholding finding of discrimination in favor of two NYPD officers who had opposed anti-gay discrimination by their superior officer, in violation of the NYC Human Rights Law. Co-counsel with Mary D. Dorman).

Izquierdo v. AG, 442 Fed. Appx. 708 (3d Cir. 2011) (outlining proper standard for motion to reopen sexual orientation-based asylum case based on changed country conditions)

Simon v. Holder, 654 F.3d 440 (3d Cir. 2011) (requiring motion for continuance to be granted where the person is the beneficiary of an approved visa petition)

Albunio v. City of New York, 23 N.Y.3d 65, 11 N.E.3d 1104, 989 N.Y.S.2d 1 (N.Y. 2014) (construction of retainer agreements in cases involving contingency fee arrangements and court-awarded counsel fees)

Borges v Placeres, 123 A.D.3d 611, 2 N.Y.S.3d 75 (1st Dep’t 2014) (upholding a $1.2 million verdict in a legal malpractice case against an immigration lawyer, and clarifying the standard to be applied to claims of legal malpractice based on incorrect immigration advice)

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