The Third Department determined the relevant charges must be expunged because the hearing officer refused to call a witness, a violation of the inmate’s constitutional right: …[T]he Hearing Officer erroneously refused to call a correction officer who witnessed petitioner’s behavior while being escorted to his cell. Inasmuch as petitioner was deprived of his constitutional right […]
Because no explanation was provided to explain the requested witnesses’ (the inmate’s roommates’) alleged refusal to testify, the Third Department annulled the determination: Petitioner requested the testimony of three witnesses who shared a room with him. The Hearing Officer stated that inmate refusal forms for all three had been signed by the employee assistant, but […]
The Third Department determined the failure to provide the inmate with evidence he requested required the annulment of the guilty determination: Petitioner requested copies of any “to/from” forms related to the incident and, despite the fact that one of the correction officers testified to giving his account of the events at issue in such a […]
In reversing Supreme Court and granting plaintiff’s motion for summary judgment, the First Department determined the facts did not support the defense that plaintiff was the sole proximate cause of the accident. Plaintiff was injured when a drill rig fell after safety chains had been removed. The First Department determined the facts demonstrated plaintiff was […]
The First Department reversed Supreme Court and granted defendant’s motion to dismiss plaintiffs employment discrimination, retaliation and hostile work environment claims. Plaintiffs signed a release and received severance pay based upon the terms of the release. The First Department determined plaintiffs’ claims that the signed the release under duress were foreclosed by their ratification of […]
The Third Department determined claimant was ineligible for unemployment insurance benefits because of an act constituting a felony which took place at the claimant’s home, not at work, but which generated negative publicity, breaching a duty owed to the employer (a car dealership). The Third Department wrote: Substantial evidence supports the decision of the Unemployment […]
After claimant was laid off, he operated a business [Hatch Ventures] periodically out of his home. The Third Department determined the claimant was not eligible for unemployment insurance benefits for the days he operated his business but that “recoverable overpayment and forfeiture penalty” should not be imposed because claimant did not make a willful misrepresentation […]
The Third Department determined the defendant’s motion papers did not demonstrate the need for a suppression hearing: Because defendant failed to allege sufficient facts to justify a hearing, County Court did not err in summarily denying defendant’s motion for a Mapp hearing…. Motion papers seeking suppression of evidence “must state the ground or grounds of […]
The Third Department explained the proper procedure for resentencing under the Drug Law Reform Act as follows: The Drug Law Reform Act establishes a specific procedural course that was not followed here. Upon finding a defendant eligible for resentencing, the court must issue a written interlocutory order informing the defendant of the term of imprisonment […]
The Third Department determined evidence of defendant’s gang affiliation and uncharged drug offenses were admissible in defendant’s murder trial under Molineux. In addition, the Third Department determined defendant’s statements made after he said he didn’t want to answer any more questions should have been suppressed. [The Third Department rejected the People’s argument that the suppression […]
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