Rob Rosborough

And I was directly after the two of you. I saw Remy and too was starstruck by their performance!

The NY Appellate Division, First Department. With my argument this afternoon, I will have had the pleasure of arguing in the Court of Appeals and each of the Appellate Division departments, achieving the appellate cycle (if that was a thing).

Pizza Friday became Pizza Saturday this week. Still delicious!! Hope you all are having a great weekend!

It’s been months since I’ve been able to properly celebrate Pizza Friday. So happy to have it back! Hope you all have a great one!

Thanks!

Happy first Pizza Friday of the new year! Hope you have a great one!

NYSBA CasePrepPlus Newsletter 11.22.24: When Can the Police Justify a Warrantless Search Under the Plain View Exception? The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures.  Warrantless searches presumptively violate that constitutional right, unless the po…

When can the police justify a warrantless search under the plain view exception? Not when they have to manipulate the evidence first before discovering its criminal nature, the Fourth Department recently held. Take a look: nysappeals.com/2024/12/06/n...

NYSBA CasePrepPlus Newsletter 11.15.24: Does a County Owe a Special Duty to a Child Placed in Foster Care? The Second Department decided two very significant cases recently, both of which could head next to the Court of Appeals.  First, the Court departed from the holdings of the First and Fourth D…

Does a County owe a special duty to a child placed in foster care? The Second Department held that it does, disagreeing with prior rulings of the First and Fourth Department. That conflict provides a basis for the issue to head to the Court of Appeals. Take a look: nysappeals.com/2024/11/22/n...

Support Henry R - Coding for Cancer I'm excited to join this incredible initiative! The Jimmy Fund's mission is very important to me and I'm proud to help them make a difference. I will participate in a Coding for Cancer fundraiser whe...

If anyone would like to support their goal to raise $25,000 for cancer research, my son’s fundraising link is here: charity.pledgeit.org/codeforcance...

Local students learn code to raise money for cancer after teacher’s diagnosis A technology teacher at St. Clement’s School in Saratoga Springs is using her cancer diagnosis to create a meaningful lesson for her students.

My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...

Support Henry R - Coding for Cancer I'm excited to join this incredible initiative! The Jimmy Fund's mission is very important to me and I'm proud to help them make a difference. I will participate in a Coding for Cancer fundraiser whe...

If anyone would like to support their goal to raise $25,000 for cancer research, my son’s fundraising link is here: charity.pledgeit.org/codeforcance...

Local students learn code to raise money for cancer after teacher’s diagnosis A technology teacher at St. Clement’s School in Saratoga Springs is using her cancer diagnosis to create a meaningful lesson for her students.

My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...

State constitutions matter greatly, folks.

Hiker at the top of Wright Peak in the Adirondacks

Picture you took (no description) to bring some zen to the timeline.

NYSBA CasePrepPlus Newsletter 11.8.24: NY Court of Appeals Rejects the Latest Constitutional Challenge to New York’s Absentee Ballot Vote Counting Rules What happens when absentee ballots are being counted and the canvassers disagree on whether the voter’s signature on the envelope matches their signature on the polling record?  Under an amend…

The NY Court of Appeals rejected the latest constitutional challenge to New York’s post-COVID absentee ballot vote counting rules. Take a look: nysappeals.com/2024/11/15/n...

Introduce yourself with some jobs you have done apart from what you do now:
- Dishwasher
- Census worker
- Kodak photo paper maker
- Industrial painter
- HR intern in art school
- Then law related stuff.

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We use Dr. Bronner’s for dish and hand soap. Highly recommend. www.target.com/p/dr-bronner...

Happy birthday!

NYSBA CasePrepPlus Newsletter 11.1.24: When Can the New York Court of Appeals Decline to Take Up Certified Questions From the Second Circuit? The New York Court of Appeals did something this week that it rarely does.  After the United States Court of Appeals for the Second Circuit certified a novel question of state law to the Court…

When can the NY Court of Appeals decline to hear a novel question of state law certified to it by the Second Circuit? It did just that last week. Take a look: nysappeals.com/2024/11/08/n...

NYSBA CasePrepPlus Newsletter 10.25.24: Are Tenured Teachers Entitled to Statutory Due Process Hearings Before Facing Consequences for Violating a Condition of Employment? The Court of Appeals is back this week with its first opinions of the 2024-25 term, providing useful guidance for when tenured teachers are entitled to statutory hearings under Education Law §&nbsp…

Are tenured teachers entitled to statutory due process hearings before facing consequences for violating a condition of employment? The N.Y. Court of Appeals answered that question recently. Take a look: nysappeals.com/2024/11/01/n...

NYSBA CasePrepPlus Newsletter 10.18.24: Can a Commercial Lender Be Immune From New York’s 6-Year Statute of Limitations to Bring a Mortgage Foreclosure Action? Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department took the opportunity recently to clarify that although …

Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department answered that question recently. Take a look: nysappeals.com/2024/10/25/n...

NYSBA CasePrepPlus Newsletter 10.11.24: Does New York’s Revenge Porn Statute Confer Personal Jurisdiction in New York Over Social Media Users? Does New York’s Revenge Porn Statute authorize the courts to exercise personal jurisdiction over people who post intimate images online that are viewable in New York, or just over the websites that…

Does New York’s Revenge Porn statute confer personal jurisdiction over social media users, in addition to the websites? The First Department answered that question recently. Take a look: nysappeals.com/2024/10/18/n...

NYSBA CasePrepPlus Newsletter 3.22.24: Can Out-of-State Residents Bring Claims for Employment Discrimination Under the New York State and New York City Human Rights Laws? The Court of Appeals is back with an important opinion on whether the employment discrimination protections offered under the New York City and New York State Human Rights Law apply to those who live ...

NYSBA CasePrepPlus Newsletter 3.22.24: Can Out-of-State Residents Bring Claims for Employment Discrimination Under the New York State and New York City Human Rights Laws? The Court of Appeals answered that question, and many others last week. Check it out: nysappeals.com/2024/03/28/n...

NYSBA CasePrepPlus Newsletter 3.15.24: Can a Scrivener’s Error Take a Guarantor Off the Hook for a $44 Million Debt? It’s not every day that the New York appellate courts face a $44 million scrivener’s error in a contract. As the First Department explained this week, when the contract makes clear its true intent, th...

Can a scrivener’s error take a guarantor off the hook for a $44 million debt? AD1 says nope, not when it’s clear that the parties intended the guarantor to be liable in the event of default, and it was just a mistake in drafting. Take a look: nysappeals.com/2024/03/20/n...

NYSBA CasePrepPlus NewsLetter 3.8.24: Taking Us Back to First Year Law School Contracts, the Second Department Answers Whether a contract Must have enumerated consideration to be valid? This week’s Newsletter is full of civil procedure questions for New York practice nerds like me. The First Department tackled forum non conveniens and the thorny pleading requirements necessary to est...

Taking us back to our first year law school contracts class, the Second Department answers whether a contract must have enumerated consideration to be valid. (Hint, it does). Take a look: nysappeals.com/2024/03/13/n...

NYSBA CasePrepPlus Newsletter 3.1.24: Must Name and Sex Designation Change Proceedings be Sealed to Protect Transgender and Nonbinary Individuals From Harassment? The Court of Appeals finishes up its opinions from the January argument session with cases addressing whether the court system’s COVID-19 safety precautions for jury trials during the pandemic violate...

Must name and sex designation change proceedings be sealed to protect transgender and nonbinary individuals from harassment? The Appellate Division, Third Department said yes, sealing is mandatory. Take a look: nysappeals.com/2024/03/05/n...

NYSBA CasePrepPlus Newsletter 2.23.24: Can the Presence of COVID-19 in Restaurants Qualify as Compensable Direct Physical Loss Under an Insurance Policy? The Court of Appeals is back with new opinions about the meaning of the language “direct physical loss or damage” in insurance policies and whether a threat of litigation can constitute adverse action...

Can the presence of COVID-19 in the air of restaurants be a compensable “direct physical loss” under a New York insurance policy? The NY Court of Appeals decided that and many other issues last week: nysappeals.com/2024/02/29/n...

NYSBA CasePrepPlus Newsletter 2.16.24: New York Trial court Rejects Congresswoman Elise Stefanik’s Constitutional Challenge to the New York Early Mail Voter Act This week, our most interesting case comes not from one of New York’s appellate courts (at least not yet), but from our trial courts.  In Supreme Court, Albany County, the court dismissed Congresswoma...

NY trial court rejects Congresswoman Elise Stefanik’s constitutional challenge to the NY Early Mail Voter Act, holding that the Legislature has authority to determine the methods of permitted absentee voting. nysappeals.com/2024/02/19/n...

NYSBA CasePrepPlus Newsletter 2.9.24: ChatGPT Strikes Again, and the Second Circuit Strikes Back I thought we learned our lesson the first time a lawyer cited cases that were fabricated by ChatGPT.  Apparently not.  Now, the Second Circuit has had to weigh in, send another lawyer for potential di...

I thought we learned our lesson the first time that a lawyer cited fake cases generated by Chat GPT. Apparently not. Now CA2 has weighed in, cautioning that FRCP Rule 11 prohibits citing fake cases and sending another lawyer for potential discipline for doing so. nysappeals.com/2024/02/14/n...

After a long week, I’m honored to announce that Pizza Friday has been declared #NationalPizzaDay! I’m celebrating the honor tonight with two of my favorites. Have a great weekend!