You are here: / Bruce Freeman

Entries by Bruce Freeman

No Requirement that Defendant Submit Affidavit in Support of Suppression Motion; No Requirement Defendant Deny Commission of Charged Offense to Warrant a Hearing on a Suppression Motion

Although the denial of defendant’s suppression motion was affirmed, the Fourth Department noted the trial court erred when it stated the suppression motion must be supported by an affidavit from the defendant and the defendant must deny participation in the alleged crime to warrant a hearing: We agree with defendant that the court erred in […]

,

Imposition of Harsher Sentence After Appeal Was Vindictive

The Fourth Department determined the resentencing of defendant after appeal to a more severe sentence than was first imposed was vindictive and imposed the original sentence. The court wrote: “In order to ensure that defendants are not being penalized for exercising their right to appeal, ‘a presumption of [institutional] vindictiveness generally arises when defendants who […]

, ,

City Code and Charter Not Unconstitutionally Applied Re: Searches Related to Certificates of Occupancy

The Fourth Department reversed Supreme Court’s grant of an Article 78 petition. In granting the petition, Supreme Court found that the relevant provisions of the city code and charter were unconstitutional as applied with respect to searches of petitioner’s property in connection with the issuance of certificates of occupancy.  In reversing that determination, the Fourth […]

,

Criteria for County’s Immunity from Village Ordinances Explained

In remitting the matter to create a more complete record, the Fourth Department explained the criteria for determining whether the county is immune from the requirements of village ordinances prohibiting the use of the village sanitary system for a county jail within the village limits: We agree with the Village that the record is inadequate […]

Math Tutor Was an Independent Contractor, Not an Employee

The Third Department affirmed the decision of the Unemployment Insurance Appeal Board finding that claimant, a math tutor, was an independent contractor, not an employee: Although claimant maintains that he was erroneously considered an independent contractor in connection with earnings received from tutoring services through TestQuest, Inc. and that such funds should be utilized as […]

Claimant Who Sold Educational Materials Was an Employee

The College Network (TCN) sells educational materials for personal study from home to obtain college credits through testing. Claimant was retained by TCN to promote and selling the materials. After claimant stopped working for TCN he filed a claim for unemployment insurance. The Unemployment Insurance Appeal Board upheld the decision that claimant was an employee […]

Tour Musicians Were Employees of Columbia Artists Management; Workers Who Loaded and Unloaded Equipment Were Not Employees

The Third Department determined that, for purposes of assessing unemployment insurance contributions, musicians on tour were employees of, not independent contractors for, Columbia Artists Management, but the workers who loaded and unloaded the equipment used by the musicians were independent contractors, not employees: … [T]here are a number of factors that establish that Columbia retained […]

Criteria for Denial of Trustee Commission for Misconduct Explained (Commission Was Not Denied Here)

The First Department explained the criteria for determining whether a trustee can be denied an annual commission for misconduct.  The court ultimately concluded the commission should not be denied in this case: We conclude that courts have the discretion to take into consideration all of a trustee’s misconduct in determining the grant of annual commission, […]

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy