Michael Burger – Santiago Burger LLP

D'Alessandro v. Kirkmire

Appellate Memorandum and Order Declaring Law Imposing Fines without Fair Trial Unconstitutional

City of Rochester ordinance struck down and declared an unconstitutional violation of procedural due process for imposing fines (which the City unsuccessfully contended were "fees") without a trial. The City further required…more
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Turner v. Municipal Code Violations Bureau

Appellate Memorandum Opinion Declaring Zoning Law Prohibiting Outdoor Storage of All Materials Unconstitutionally Vague

City of Rochester law banning outdoor storage of materials in residential districts unconstitutionally vague. The Court overturned a landlord's conviction for his tenant's "stroage" of chairs and other items on tenant's porch…more
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Cerberus Properties, LLC v. Kirkmire

Appellate Memorandum Opinion Awarding Federal Civil Rights Attorney's Fees Where Substantial Constitutional Question is Involved and Arises Out of Common Nucleaus of Operative Facts as State Claim.

Where pleading clearly alleged a federal constitutional claim under the Due Process Clause and 42 U.S.C. § 1983, although the court did not reach the federal constitutional claim because it ruled for plaintiffs on state grounds,…more
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Nelson v. City of Rochester

Petition for Writ of Certiorari

This Petition for Writ of Certiorari seeks review of an intermediate New York State appellate court order upholding two "Judicial Warrants of Inspection" (App. 3-8) that issued against two occupied private homes, without…more
| Civil Rights, Zoning, Planning & Land Use

Writs of Assistance Ressurected

The City of Rochester, New York, created its own law to allow courts to issue judicial warrants of inspection to code enforcement officers. These administrative search warrants do not need to be supported by probable cause of…more
| Civil Rights

The Quiet Man and Civil Rights

The government property code inspector prosecuted a citizen for refusing to consent to a warrantless inspection of the interior of his house. The code enforcement officer claimed that he wanted to "inspect" the interior of the…more
| Civil Rights, Constitutional Law, Criminal Law, Privacy, Real Estate - Residential
In re Cook

Decision and Order

New York State Surrogate's Court for New York County (G l e n , S .) holds that the precautionary addendum, in effect until March 1, 1964, does not prevent the adopted child of a 1930s testamentary trust's life beneficiary from…more
| Wills, Trusts, & Estate Planning

Estate Litigation: Where's the Will

Michael Burger discusses the presumption of revocation (animo revocandi) that attaches when a will that was in the possession or control of the testator is lost or missing when the testator dies and how to overcome the…more
| Wills, Trusts, & Estate Planning

Ensuring Equal Justice [Attorneys Fees in Civil Rights Cases 42 USC 1983 & 1988]

This essay describes how to evaluate a potential civil rights case to maximize your client's chance of collecting attorney's fees purusant to 42 USC 1983 and 1988 and related provisions of the federal civil rights law. The…more
| Civil Rights, Constitutional Law, Criminal Law, Privacy, Real Estate

[Estate Litigation] Precautionary Addendum: A Tale of Two Siblings

Attorney Michael Burger, a partner at Davidson Fink LLP concentrating in Estate and Trust litigation, analyzes the rights of adopted children to share in class legacies executed prior to March 1, 1964, under New York's…more
| Wills, Trusts, & Estate Planning
Jiovon Anonymous v. City of Rochester

Prevailing plaintiffs post-argument memorandum of law on their status as "prevailing parties" in support of their application for civil rights attorneys fees pursuant to 42 USC 1983 and 1988

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses mootness and the requirement…more
| Civil Rights
Jiovon Anonymous v. City of Rochester

Prevailing plaintiffs reply memorandum of law in support of their application for civil rights attorneys fees pursuant to 42 USC 1983 and 1988

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses the legal definition of…more
| Civil Rights
Jiovon Anonymous v. City of Rochester

Prevailing Plaintiff's Memorandum of Law in support of their application for civil rights attorney's fees pursuant to 42 USC 1983

Attorney's fee application in a civil rights case. Plaintiffs prevailed in overturning an unconstitutional youth curfew law enacted by the City of Rochester, New York. This memo of law addresses the lodestar calculation or the…more
| Civil Rights

'My Cousin Mikey' or Surely There's a Law

An analysis of New York's law prohibiting possession of alcohol by minors with intent to consume. The author explores the wisdom, infirmities and defenses attendant to this unique piece of legislation…more
| Criminal Law
Jiovon Anonymous v. City of Rochester

Opinion and Order

The New York State Supreme Court, Appellate Division, Fourth Department has declared the City of Rochester's youth curfew to be unconstitutional and contrary to New York State law…more
| Civil Rights, Constitutional Law, Criminal Law, Family Law
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