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 […]
Teachers demonstrated in front of a school while negotiations for a new collective bargaining agreement were on-going. On a rainy day, some teachers parked their cars in front of the school, displaying signs inside the cars. Because the teachers were parked where children are usually dropped off by their parents, children were being dropped off […]
In a full-fledged opinion by Justice Angiolillo, the Second Department determined the “missing witness rule” was properly applied in a civil, bench-trial proceeding for permission to administer antipsychotic medication to an involuntarily committed patient over his objection. The psychiatric center which brought the proceeding did not call the treating psychiatrist as a witness and relied […]
In reversing a million dollar verdict in a slip and fall case, the Second Department determined that a hearsay statement (“oh my God, someone else fell”) and expert testimony about the floor mats not complying with American National Standards Institute [ANSI] standards should not have been admitted: …[T]he security guard’s statement did not qualify as […]
In dismissing a Municipal Law/Labor Law cause of action brought by a police officer against the city after she was injured by a suspect when her mace canister failed, the Second Department explained: Although Labor Law § 27-a(3) may serve as a proper predicate for a cause of action alleging a violation of General Municipal […]
In an action to quiet title, the Second Department determined a deed was ambiguous on its face and extrinsic evidence was therefore admissible to ascertain the intent of the parties: Real Property Law § 240(3) provides that “[e]very instrument creating [or] transferring . . . real property must be construed according to the intent of […]
The Second Department explained the three step analysis for the determination of child support obligations pursuant to the Child Support Standards Act (the parents in this case had a combined annual income of more than $700.000.00): Under the first step of the analysis, a court must determine the parties’ combined parental income … . …Under […]
The Second Department explained the criteria for determining whether relocation of the custodial parent would be in the best interests of the children as follows: In determining whether relocation is appropriate, the court must consider a number of factors, including the child’s relationship with each parent, the effect of the move on contact with the […]
The Second Department determined two actions should be consolidated. Plaintiff was injured in an auto accident and alleged that those injuries were exacerbated by a work-related accident: Where common questions of law or fact exist, a motion to consolidate or for a joint trial pursuant to CPLR 602(a) should be granted absent a showing of […]
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