The Second Department determined Family Court properly found father had permanently neglected the child and explained the criteria as follows: “To establish permanent neglect, there must be clear and convincing proof that, for a period of one year following the child’s placement with an authorized agency, the parent failed to substantially and continuously maintain contact […]
In upholding Family Court’s denial of mother’s petition for sole custody, the Second Department determined the paternal grandparents, who were sharing custody under a consent order, met their “extraordinary circumstances” burden. The Second Department noted that even where there is a prior order granting custody to a nonparent, the nonparent still has the burden of […]
In upholding Family Court’s determination the father was estopped from denying paternity, in spite of his executing the acknowledgment based upon a mistake of fact, the Second Department explained the relevant legal principles: A party seeking to challenge an acknowledgment of paternity more than 60 days after its execution must prove that it was signed […]
In finding Supreme Court should have treated defendant’s motion, which was made after issue was joined, as a motion for summary judgment (not a motion to dismiss), the Second Department determined the motion should not have been granted because facts essential to oppose the motion may exist but could not yet be stated: An award […]
The Third Department expunged a disciplinary determination because the inmate’s right to call a witness was violated and a rehearing was not possible: Although [the] witness agreed to testify, the Hearing Officer denied the request for this witness on the basis that the conversation took place after the incident that is the subject of the […]
In annulling the disciplinary determination, the Third Department noted the Hearing Officer’s failure to explain the denial of the inmate’s request for evidence and failure to include confidential testimony which was relied upon: Inasmuch as the record before us fails to include any explanation for the denial of the requested evidence, which may have prejudiced […]
In annulling the disciplinary determination, the Third Department explained that the apparent failure to transcribe the entire tape recording of the hearing made it impossible to know whether evidence favorable to the inmate’s defense was presented: It appears from the transcript that only the first side of the audiotape was transcribed as the stenographer made […]
In affirming the denial of plaintiff’s motion for summary judgment, the Second Department explained the standard for finding liability on the part of members of volunteer fire companies: Members of volunteer fire companies may not be held liable for acts done in the performance of their duties in the absence of “willful negligence or malfeasance” […]
The Second Department determined that defendant’s motion for summary judgment should have been denied. The plaintiff was injured when his bicycle struck garbage and debris on a sidewalk abutting a building owned by defendants. New York City Administrative Code § 7-210 imposes a duty upon property owners to maintain the sidewalk adjacent to their property. […]
In affirming the grant of summary judgment to the plaintiff pursuant to Labor Law 240 (1) based on the failure to provide equipment which would allow safe access to the roof where the window-washing equipment in need of repair was located, the First Department explained: The record demonstrates that the Met and Lincoln Center failed […]
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