You are here: / / Petitioner, Who Was Sentenced to Death in Federal Court, Could Not Be Declared...
,

Petitioner, Who Was Sentenced to Death in Federal Court, Could Not Be Declared “Civilly Dead” Pursuant to the Civil Rights Law—Paternity Petition Should Not Have Been Dismissed

The Second Department reversed Family Court’s dismissal of an inmate’s petition for a declaration of paternity.  The petitioner had been sentenced to death in federal court.  Civil Rights Law 79-a, which declares anyone sentenced to life imprisonment in state court “civilly dead,” was the basis of Family Court’s ruling.  The Second Department would not extend the reach of the statute to a death sentence in federal court:

Contrary to the Family Court’s determination, the civil death provision of Civil Rights Law § 79-a(1) does not apply to the petitioner since he was sentenced to death in federal court, rather than state court … . Moreover, although Civil Rights Law § 79-a(1) declares civilly dead any person sentenced to imprisonment for life, it contains no provision pertaining to a person subject to a sentence of death, and it is not for the courts to expand terms beyond the plain language of statutes … . Matter of Ronell W v Nancy G, 2014 NY Slip OP 06987, 2nd Dept 10-15-14

 

You might also like
​ THE PLAINTIFFS IN THIS SUIT AMONG BROTHERS ABOUT THE FATHER’S ESTATE DID NOT HAVE THE AUTHORITY TO ACT ON BEHALF OF THE ESTATE OR TO SUE AS BENEFICIARIES OF THE ESTATE; THE ACTION SHOULD HAVE BEEN DISMISSED (SECOND DEPT).
CRIMINAL POSSESSION OF A WEAPON SECOND DEGREE AND CRIMINAL POSSESSION OF A FIREARM ARE INCLUSORY CONCURRENT COUNTS (SECOND DEPT).
THE BANK DID NOT DEMONSTRATE THE NOTICE OF DEFAULT COMPLIED WITH THE REQUIREMENTS IN THE MORTGAGE AGREEMENT BECAUSE THE NOTICE OF DEFAULT WAS NOT ATTACHED TO THE PAPERS; THE JUDGE SHOULD NOT HAVE DENIED DEFENDANT’S CROSS MOTION FOR A HEARING ON WHETHER PLAINTIFF NEGOTIATED IN GOOD FAITH AS REQUIRED BY CPLR 3408 (SECOND DEPT). ​
Papers Sufficient to Require Suppression Hearing—No Need to Allege Expectation of Privacy Where Police Act Illegally
DEFENDANT IN THIS FORECLOSURE ACTION PRESENTED SUFFICIENT EVIDENCE REBUTTING THE PROCESS SERVER’S AFFIDAVIT TO WARRANT A HEARING ON WHETHER SHE WAS PROPERLY SERVED WITH THE SUMMONS AND COMPLAINT (SECOND DEPT).
Supreme Court Has Power to Issue Judicial Consent to Settlement Nunc Pro Tunc Where Workers’ Compensation Carrier Failed to Timely Seek Consent to a Third-Party Settlement from the Special Funds Conservation Commission
PROSECUTORIAL MISCONDUCT REQUIRED REVERSAL, DETAILED EXPLANATION OFFERED.
CHILD’S REQUEST FOR AN ADJOURNMENT WHEN MOTHER FAILED TO APPEAR AT AN EQUITABLE ESTOPPEL HEARING IN THIS PATERNITY AND CUSTODY PROCEEDING SHOULD HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Failure to Submit Expert Affidavit In Support of Meterological Data Precluded... Resentencing Under Drug Law Reform Act Is Available to a Persistent Felony Offender...