The Fourth Department, over a two-justice dissent, determined that Supreme Court did not abuse its discretion when it declined to sentence youthful offender treatment. The majority deemed the 35 year sentence excessive and directed that the sentences be served concurrently. The dissenters argued that the sentences were not excessive: CPL 720.10 (3) provides that “a […]
The Fourth Department, reversing Family Court, determined that, although father left his job in Virginia voluntarily, his petition to modify his support after taking a lower-paying job in New York should have been granted. Father left the better paying job to be closer to his son, who had recently moved with his mother from Virginia […]
The Fourth Department vacated defendant’s guilty plea because he was not informed of the postrelease supervision aspect of the sentence: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree …, defendant contends that reversal of the judgment and vacatur of the plea are required […]
The Fourth Department determined evidence of routine maintenance of the parking lot, essentially evidence habit, was properly admitted in this slip and fall case which resulted in a defense verdict: … [P]laintiff appeals from an order that, inter alia, denied that part of his pretrial motion seeking to preclude habit evidence. … ” Proof of […]
The Fourth Department determined the vehicle stop could not be justified on the ground that the stop was made by a peace officer, and also could not be justified on the ground the stop was a citizen’s arrest. Therefore the motion to suppress the firearm found in the car was properly granted. The vehicle stop […]
The Fourth Department, in a full-fledged opinion by Justice NeMoyer, over a two-justice dissent, considering a matter of first impression, reversing Supreme Court, determined that a gas supply company could not acquire easements over private property by eminent domain for the installation of a pipeline for which the state denied a permit: In February 2017, the […]
The Fourth Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment in this foreclosure action should not have been denied. Plaintiff bank did not seek a face to face meeting with defendant before three mortgage payments were missed: In her pro se answer to the amended complaint, defendant alleged that the loan was subject […]
The Fourth Department determined the Labor Law 200 and common law negligence causes of action were properly dismissed because the plaintiff’s injuries resulted from the means and manner of work and defendants did not exercise supervisory control over plaintiff’s work: “It is settled law that where the alleged defect or dangerous condition arises from the […]
The Fourth Department, reversing defendant’s conviction, determined that the People did not provide a sufficient race-neutral reason for striking an African-American juror. The case had been remitted for a hearing on the issue: We agree with defendant that the People failed to meet their burden at step two of the Batson analysis to articulate a “race-neutral reason” […]
The Fourth Department determined the employer’s motion for summary judgment in this third-party assault case was properly granted. After an employee (Hartfield) had been asked to leave for the day by the employer, the employee assaulted plaintiff in the parking lot. The doctrine of respondeat superior did not apply because the employee was not acting […]
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