The Third Department, reversing Family Court, determined mother’s petition to complete a visitation arrangement should not have been dismissed for failure to prosecute: We agree with the mother that Family Court’s determination … to dismiss her petition on the basis of failure to prosecute was erroneous. Although the mother was not present at the … hearing […]
The Court of Appeals, reversing the Appellate Division, determined that the college’s determination that petitioner-student violated the code of student conduct was supported by substantial evidence: “We emphasize that [t]he substantial evidence standard is a minimal standard” … , and “demands only that a given inference is reasonable and plausible, not necessarily the most probable”… […]
The Court of Appeals, reversing the Appellate Division, determined that the prevailing wage provision of Labor Law 220 was properly interpreted by the Department of Labor (DOL) to mean that apprentices who work outside of their apprenticeship training cannot be paid at the lower apprenticeship rate. Here apprentice glaziers who were doing ironwork when installing […]
The Third Department, reversing Family Court, determined mother’s request to relocate should have been granted: We find that Family Court’s determination denying the mother’s relocation request and granting the parties joint legal custody is not supported by a sound and substantial basis in the record. If not permitted to relocate, the mother’s only potential resource […]
The Third Department, remitting the matter, determined that mother never got the chance to respond to allegations which were the basis for granting father’s violation petition. Father alleged mother denied the father parenting time in violation of the temporary order of custody and visitation: We agree with the mother that she was not given adequate […]
The Second Department held that a hearing was necessary to determine whether the maternal grandparents had standing to seek visitation and whether such visitation would be in the child’s best interests. Family Court, based on prior proceedings that were not part of the record, had found that the maternal grandparents had standing but visitation would not be […]
The Third Department, reversing and remitting the matter to make a record, determined that Family Court properly communicated with the Mississippi court in which mother had also commenced a pending custody proceeding but did not make a sufficient record in finding that Mississippi court retained jurisdiction of the custody: The Mississippi court’s statements during the […]
The Third Department, reversing Family Court, determined the respondent father had rebutted the presumption that the child’s medical condition was caused by abuse with medical evidence. Because the neglect and abuse petition relied entirely on the statutory presumption, the neglect and abuse findings were not supported: Family Ct Act § 1046 (a) (ii) provides that petitioner may establish […]
The Second Department, reversing Supreme Court, determined that plaintiff bank did not demonstrate standing to bring the foreclosure action: Where, as here, the note has been endorsed in blank, the purported holder of the note must establish its standing by demonstrating that the original note was physically delivered to it prior to the commencement of […]
The Second Department, reversing Supreme Court, determined plaintiff’s application to impose sanctions against defendant’s attorney for frivolous conduct should have have been granted: … [T]he Supreme Court improvidently exercised its discretion in denying the plaintiff’s application to impose sanctions in the form of attorneys’ fees and expenses against the defendant’s attorney pursuant to 22 NYCRR […]
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