On 04-15, in
Kachalsky v. Cacace, Gura filed a Notice of
Newly Declared Authority (the appellate decision in Dearth v. Holder)....
On 05-02-2011, in Kachalsky v. Cacace, NY filed a similar notice (
#76 on the docket) on a NY State case, People v. Hughes. The decision against Hughes was an "In the Home" argument.
Now, if I was an honest judge, which case would I take judicial notice of? A Federal decision in the D.C. Circuit or an NY State appellate case.... Hmmmm...
But I betcha that this NY court disregards the federal case in favor of its own State case. Any takers?