The Second Department determined that the filing of a petition for an opportunity to ballot more than four hours after the deadline was a fatal defect: Election Law § 1-106 provides that papers shall be filed with the relevant board of elections between the hours of 9:00 a.m. and 5:00 p.m. Moreover, the “failure to […]
In reversing Supreme Court and granting the petition to invalidate a designating petition and removing the candidate from the ballot, the Second Department determined that the failure provide a cover sheet for the petition in accordance with the Election Law and regulations was fatal to the petition: We are mindful that the provisions of Election […]
In a sexual-offense case, the Fourth Department affirmed the trial court’s refusal to allow the defense access to the victim’s psychiatric records and the court’s preculsion of cross-examination of the victim about her psychiatric history: Mental health records are discoverable “where a defendant can demonstrate a good faith basis for believing that the records contain […]
In reversing Supreme Court and determining that counsel representing the town must be disqualified for a conflict of interest, the Second Department explained the operative principles: “The disqualification of an attorney is a matter that rests within the sound discretion of the court” … . A party seeking disqualification of its adversary’s counsel based on […]
The Second Department affirmed the dismissal of a breach of contract cause of action which alleged defendant breached an employment contract when the position which was the subject of the contract was withdrawn. In finding the agreement described a hiring “at will,” the court described the applicable principles as follows: “New York adheres to the […]
The Second Department, in reversing Supreme Court’s finding that New York, not New Jersey, law applied to a disclaimer of insurance coverage based on late notice, explained the relevant choice of law principles: The first step in any case presenting a potential choice of law issue is to determine whether there is an actual conflict […]
In determining a proceeding to validate a petition designating a candidate for county executive should have been dismissed, the Second Department wrote: “A validating petition must specify the individual determinations of a board of elections that the candidate claims were erroneous, including the signatures that the candidate claims were improperly invalidated” … . Here, the […]
The Second Department reversed Supreme Court’s striking of a candidate’s name from the ballot. Supreme Court determined the identification of the party as the “Working Family Party” rather than the “Working Families Party” was fatal because the “Working Family Party” is not a registered or recognized political party. The Second Department wrote: Although it is […]
The Second Department vacated defendant’s sentence because, although restitution was not part of the plea promise, restitution was imposed at sentencing: At the sentencing proceeding, the defendant did not have a sufficient opportunity to object to the imposition of restitution. The court made a brief reference to “RJOs,” apparently referring to restitution judgment orders. After […]
In a full-fledged opinion by Justice Hinds-Radix, the Second Department determined the seven-year-old witness (who was the alleged victim of sexual offenses by the defendant) was properly declared a vulnerable witness pursuant to CPL 65.20 and was properly allowed to testify outside the presence of the defendant over closed circuit television. …[W]e find that the […]
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