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THE RECORD DOES NOT DEMONSTRATE SUPREME COURT CONSIDERED WHETHER DEFENDANT SHOULD BE AFFORDED YOUTHUL OFFENDER STATUS; SENTENCE VACATED (SECOND DEPT). ​

The Second Department, vacating defendant’s sentence, remitted the matter for a consideration of whether defendant should be afforded youthful offender status:

CPL 720.20(1) requires “that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it as part of a plea bargain” … . The Supreme Court was required to determine on the record whether the defendant, whose conviction for robbery in the first degree constituted an armed felony … , was an “eligible youth” … , by considering the presence or absence of the factors set forth in CPL 720.10(3) and, if so, whether he should be afforded youthful offender status … . As the People concede, the record does not demonstrate that the court made that determination. People v Hill, 2021 NY Slip Op 02422, Second Dept 4-21-21

 

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ALTHOUGH DEFENDANTS, RESIDENTS OF ISRAEL, HAD TIMELY NOTICE OF A NEW YORK LAWSUIT, THE PROCESS SERVER’S AFFIDAVIT INDICATES DUE DILIGENCE IN A FAILED ATTEMPT TO SERVE DEFENDANTS AT A NEW YORK ADDRESS, BECAUSE DEFENDANTS WERE NEVER SERVED, THE DEFAULT JUDGMENT IS A NULLITY (SECOND DEPT). ​
DEFENDANT SCHOOL DISTRICT WAS NOT A PARTY TO THE LONG-TERM DISABILITY INSURANCE CONTRACT WHICH COVERED PLAINTIFF, A SCHOOL DISTRICT EMPLOYEE WHO WAS INJURED ON THE JOB; THEREFORE THE SCHOOL DISTRICT COULD NOT BE SUED BY THE EMPLOYEE AFTER THE INSURER CUT OFF BENEFITS (SECOND DEPT).
Vacation of a Note of Issue Does Not Constitute Marking Off the Calendar/One Year Automatic Dismissal Did Not Apply
DEFENDANT DID NOT MAKE A PRIMA FACIE SHOWING THAT PLAINTIFF BANK DID NOT HAVE STANDING IN THIS FORECLOSURE ACTION BY MERELY POINTING OUT ALLEGED GAPS IN PLAINTIFF’S CASE, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, THEREFORE, SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
THE FACT THAT THE HOME WAS ILLUMINATED WHEN THE PROCESS SERVER ATTEMPTED SERVICE DID NOT DEMONSTRATE DEFENDANT WAS EVADING SERVICE; THE PROCESS SERVER DID NOT ATTEMPT SERVICE AT DEFENDANT’S PLACE OF EMPLOYMENT; THE “NAIL AND MAIL” SERVICE WAS INVALID (SECOND DEPT).
DEFENDANT DID NOT DEMONSTRATE WHEN THE AREA WHERE PLAINTIFF SLIPPED AND FELL WAS LAST INSPECTED OR CLEANED, MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT).
THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA), BY ITS TERMS, APPLIES TO THIS HOLDOVER ACTION WHICH WAS PENDING WHEN THE HSTPA WAS ENACTED BUT HAS NOT PROCEEDED TO JUDGMENT; THEREFORE THE ACT NEED NOT BE APPLIED RETROACTIVELY TO PRECLUDE THE HOLDOVER ACTION (SECOND DEPT).
CUSTODY MATTERS ARE NOT SUBJECT TO ARBITRATION, DESPITE A PROVISION TO THAT EFFECT IN THE STIPULATION OF SETTLEMENT (SECOND DEPT).

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