Over two dissents, the Fourth Department reversed the grant of suppression by County Court. The questioning of the defendant was instigated by the defendant’s staring at the officer as the officer was in his vehicle and the defendant was riding a bicycle. The defendant ran his bicycle into a porch, fell and ran up the […]
The Fourth Department (over two dissents) reversed defendant’s conviction and ordered a new trial because the defense was precluded from calling a witness. The prosecution’s theory was that the defendant committed robbery, assault and burglary against the victim in retaliation for the victim’s informing the police defendant was growing marijuana in his house. It was […]
As a sex offender (respondent) neared the end of his state sentence, the state (petitioner) sought a proceeding under article 10 of the Mental Hygiene Law alleging the respondent was a dangerous sex offender requiring civil management. However, the respondent was also serving a federal sentence and would not be released for another 19 years. […]
The issue before the Fourth Department was whether an action against the North Bailey Volunteer Fire Co alleging discrimination and tort causes of action must be preceded by a notice of claim pursuant to Municipal Law 50-e. The Court concluded that, because the volunteer fire company was a “fire protection district,” it was part of […]
In upholding the lower court’s determination that a matter involving “shift swapping” in the sheriff’s department was subject to arbitration even though the topic was not directly covered by the collective bargaining agreement (CBA), the Fourth Department wrote: In determining whether the parties agreed to arbitrate the dispute at issue, “[o]ur review . . . […]
In this case the plaintiff alleged his injuries were the result of exposure to coal tar pitch and asbestos “while employed as a laborer in the carbon electrode industry.” The complaint separated the defendants into two groups, three companies were named with respect to the coal tar pitch (the appellants), and the other defendants were […]
Pursuant to a divorce, plaintiff was entitled to a share of her husband’s pension benefits starting in 1991. Plaintiff did not start receiving the payments until 2005. She did not bring an action on the unpaid benefits between 1991 and 2005 until 2010. The Fourth Department determined that a cause of action for the unpaid […]
In this case the Fourth Department determined the court could not require petitioner, a parolee, to provide psychological and medical proof in support of a petition for a name change. The Fourth Department wrote: …[W]e agree with petitioner that the court erred in requiring him to provide psychological and medical proof in support of the […]
In finding the defendant failed to demonstrate a non-negligent reason for his striking the plaintiff’s vehicle from behind (in defendant’s motion for summary judgment), the Fourth Department explained: A rear-end collision with a vehicle that is stopped or is in the process of stopping ‘creates a prima facie case of liability with respect to the […]
In a lead-paint injury case, the Fourth Department determined Supreme Court properly granted a motion to preclude evidence of plaintiff’s mental or physical condition unless plaintiff provided defendant with so-called “speaking authorizations” allowing defendant to communicate with non-party healthcare providers about the plaintiff’s injuries. However, the Fourth Department did not agree with Supreme Court’s grant […]
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