The Fourth Department, reversing Family Court in this termination of parental rights proceeding, determined the bias of the judge deprived mother of due process of law. In another decision issued on February 2, 2024, the Fourth Department criticized the same Family Court judge for abandoning her judicial role and acting as an advocate in a […]
Although the appeal was moot, the Fourth Department took the opportunity to criticize the Family Court judge for acting as an advocate in this child placement proceeding: At the hearing, the Judge “took on the function and appearance of an advocate” by choosing which witnesses to call and “extensively participating in both the direct and […]
The Fourth Department, reversing Family Court, determined the petition sufficiently alleged harassment and stalking family offeses based upon allegations respondent, petitioner’s estranged husband, installed software on petitioner’s computer allowing him to control the computer remotely, and made phone calls to petitioner intended to be threatening: … [P]etitioner alleged that respondent installed spyware on her Apple […]
The Fourth Department, reversing defendant’s murder conviction, determined the judge committed a mode of proceedings error by paraphrasing the note from the jury instead of reading it verbatim: The jury note … stated … “[w]e, the Jury, request: to hear the read-back of [a restaurant worker’s] cross-examination where she is asked how many times she […]
The Third Department, reversing Sullivan County’s denial of disability benefits for petitioner police officer (Ramos), determined the time when petitioner learned he had permanent lung damage (September 9, 2021), not the time when he contracted COVID (August 9, 2021), was the operative date for timely application for General Municipal Law 207-c disability benefits: Code of […]
The First Department, reversing Family Court, determined that the habeas corpus petition filed by mother during the COVID moratorium on nonessential matters provided Family Court with jurisdiction over mother’s custody matter. Because the children had been out state for more than six months when mother made a subsequent custody application, Family Court did not have […]
The Second Department, reversing Supreme Court, determined defendant driver (Medina) raised a question of fact about whether he was negligent in this vehicle-bicycle collision case. Although plaintiff bicyclist made out a prima facie case, defendant’s affidavit was sufficient to defeat plaintiff’s summary judgment motion: … [P]laintiff established his prima facie entitlement to judgment as a […]
The Second Department, reversing Supreme Court in this foreclosure action, held that the bank violated the prohibition of successive summary judgment motions: “Generally, successive motions for summary judgment should not be entertained, absent a showing of newly discovered evidence or other sufficient cause” … . “Evidence is not newly discovered simply because it was not […]
The Second Department upheld Family Court’s denial of parental access to the father, but Family Court should not have conditioned father’s ability to reapply for parental access on completion of a parenting skills class, getting mental health treatment, and submitting a letter from a therapist that he was not a danger to the children: A […]
The Second Department, reversing County Court in this Article 78 proceeding, determined that the respondent-judge’s denial of petitioner’s application for a pistol permit without a hearing was arbitrary and capricious. Although petitioner had prior arrests, none involved violence or a weapon: Although the respondent was entitled to consider the petitioner’s prior arrests, the record reflects, among […]
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