The Court of Appeals affirmed the appellate division, holding that County Court should not have empaneled an anonymous jury: The trial court committed reversible error by empaneling an anonymous jury. Assuming that trial courts may, under certain circumstances, anonymize jurors, here County Court acted without any factual predicate for the extraordinary procedure. Indeed, the trial court […]
The Third Department held that the determination petitioner was guilty of possessing unauthorized medication must be annulled because petitioner may not have been afforded his right to be present when the pill was discovered: … [T]he part of the determination finding petitioner guilty of possessing unauthorized medication must be annulled as the record reflects that […]
The Court of Appeals, in a full-fledged opinion by Judge DiFiore, determined that certain large cellular data transmission equipment owned by T-Moblle is taxable real property subject to Real Property Tax Law (RPTL) 102 (12) (i): T-Mobile owns large cellular data transmission equipment that it has installed on the exterior of buildings in Mount Vernon. The […]
The Third Department, over a dissent, determined there were questions of fact whether the employer (BorgWarner) of the driver who killed a bicyclist (plaintiff’s decedent) while exiting the employer’s premises was liable. There was a question whether the employer exercised a special use of the area, whether the employer had a duty to control the conduct […]
The Court of Appeals, in a full-fledged opinion by Judge Feinman, over a dissenting opinion, determined that the sentencing court, as a condition of probation, may require a defendant to pay for a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet. Defendant, who had pled guilty to felony driving while intoxicated, made several monthly payments for […]
The Third Department, reversing the Unemployment Insurance Appeals Board, determined claimant was not entitled to unemployment insurance benefits because she had been injured and did not demonstrate she was able to work during the relevant period of time: The substantial and unrefuted medical documentation in the record, together with claimant’s receipt of workers’ compensation benefits, […]
The Third Department determined claimant, who delivered newspapers to residential customers, was an employee of Gannett Satellite Information Network: … [W]e find that the indicators of control contained in Gannett Satellite’s contract with claimant are practically the same as the relevant factors previously identified to establish an employer-employee relationship; accordingly, we find that substantial evidence […]
The Third Department determined the claimant, a dance instructor, was an employee of the foundation which was chartered by the New York State Board of Regents to provide artistic programs in schools. Claimant was therefore entitled to unemployment insurance benefits: The evidence adduced at the hearing established that the Foundation retained control over important aspects […]
The Third Department held that sexual abuse first degree charge in the superior court information (SCI) was based on a statute which had not yet been enacted at the time of the offense. The defect was jurisdictional and survived the waiver of appeal: Initially, defendant contends that the waiver of indictment and the SCI are jurisdictionally […]
The Court of Appeals, in a full-fledged opinion by Judge Fahey, over a concurring opinion, reversing the appellate division, determined the murder count in the second indictment should have been dismissed because the People did not seek court permission to re-present it after the grand jury which issued the first indictment deadlocked on that charge. But the court further […]
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