The failure to record testimony which was relied upon by the hearing officer in a disciplinary determination required annulment. Matter of Tolliver v Fischer, 514866, 3rd Dept, 4-18-13
In annulling a disciplinary determination, the Third Department ruled the inmate’s statement to the escort officer that he had injured his foot and could not put on a shoe (to walk to the disciplinary hearing) did not constitute a refusal to attend the hearing: “[A]n inmate has a fundamental right to be present at his […]
The Third Department ordered a new disciplinary hearing where insufficient efforts were made to procure the testimony of a witness requested by the inmate: When petitioner requested that a fellow inmate testify at the disciplinary hearing, the Hearing Officer merely noted that the witness had informed petitioner’s employee assistant that he refused to testify. Such […]
The Second Department noted that a party can not appeal from a portion of an order which does not grant relief the party did not request, even where the order includes reasoning with which the party does not agree: “A party is not aggrieved by an order which does not grant relief [he or she] […]
In a medical malpractice action, plaintiff had moved to amend her complaint to add a cause of action for wrongful death and the motion was denied. There was a mistrial. Before the second trial, plaintiff again moved to amend her complaint. The motion was denied because the first denial was deemed the law of the […]
Both the appellant and her husband had separately transferred their interests in property to the same grantee, defendant Feliciano. Feliciano then mortgaged the property and executed a deed transferring 99% of the property back to appellant and her husband. Feliciano was alleged to have defaulted. The appellant moved for summary judgment in the foreclosure action […]
The Second Department ruled Supreme Court had properly denied the school’s motion for summary judgment because a question of fact had been raised about whether the way mats had been taped together increased the risk of injury to wrestlers: “Pursuant to the doctrine of primary assumption of risk, a voluntary participant in a sporting or […]
In finding that Lakeside, an adult care facility (ACF), was not liable for an assault by a resident, Fierro, upon the plaintiff (also a resident), the Second Department wrote: …[C]ourts have imposed a duty of care where “there exist special circumstances in which there is sufficient authority and ability to control the conduct of third […]
In finding that a question of fact had been raised about whether a police office, when responding to an emergency call in her vehicle, had exhibited reckless disregard for the safety of others (resulting in a collision), the Second Department wrote: Vehicle and Traffic Law § 1104 qualifiedly exempts drivers of authorized emergency vehicles from […]
A mechanic working in the basement of a two-family house left a trap door, which was directly outside the side door of plaintiff’s apartment, open. Plaintiff fell through the open trap door. In setting aside the jury verdict finding the mechanic was not negligent, the Second Department wrote: A jury verdict should not be set […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy