No. 22-1132

Derek Sine v. Kathryn Kosmides

Lower Court: New York
Docketed: 2023-05-22
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment appellate-review attorney-fees due-process evidentiary-hearing fourteenth-amendment order-of-protection willfulness
Key Terms:
DueProcess FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Whether the Court of Appeals erred in denying Petitioner's motion for leave to appeal

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court of Appeals of the State of New York (“Court of Appeals”) erred in denying Petitioner’s motion for leave to appeal the decision of the Supreme Court of the State of New York, Appellate Division, 1st Department (the “First Department”) dated November 4, 2021 which affirmed the decision of Supreme Court of the State of New York, County of New York (Judge Tandra L. Dawson) in which Petitioner was denied his 14th Amendment right to due process by the trial court having granted Respondent an award of attorney’s fees against Petitioner where, in addition to their being no finding of willfulness, there was no evidentiary hearing to determine whether Petitioner committed the alleged acts constituting violations of the subject order of protection as alleged by Respondent in her amended petition and/or otherwise in the subject underlying action. 2. Whether Petitioner was denied his 14 Amendment right to due process by the trial court having granted Respondent an award of attorney’s fees against Petitioner where, in addition to there being no finding of willfulness, there was no evidentiary hearing to determine whether Petitioner committed the alleged acts constituting the alleged violations of the subject order of protection as alleged by Respondent in her amended petition and/or otherwise in the subject underlying action.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-15
Waiver of right of respondent Kathryn Kosmides to respond filed.
2023-05-22
Motion (22M108) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2023-05-02
MOTION (22M108) DISTRIBUTED for Conference of 5/18/2023.
2022-10-19
Motion (22M108) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-10-19
Petition for a writ of certiorari filed. (Response due June 21, 2023)

Attorneys

Derek Sine
Daniel Allen SingerThe Law Offices of Daniel A. Singer PLLC, Petitioner
Daniel Allen SingerThe Law Offices of Daniel A. Singer PLLC, Petitioner
Kathryn Kosmides
Lauren Beverly KaplinFreshfields Bruckhaus Deringer US LLP, Respondent
Lauren Beverly KaplinFreshfields Bruckhaus Deringer US LLP, Respondent