The Second Department, reversing Supreme Court, determined the voluntary support and legal-obligations payments made by husband to wife should have been credited against the arrears owed by him: Voluntary payments made for the support and legal obligations of a spouse should be applied as a credit to the calculation of arrears owed by the payor […]
The Second Department determined the People’s request for an upward departure in this SORA risk assessment proceeding should not have been granted: An upward departure is permitted only if the court concludes, upon clear and convincing evidence, “that there exists an aggravating . . . factor of a kind, or to a degree, not otherwise […]
The Second Department determined plaintiff’s action in this slip and fall case was properly dismissed. Plaintiff had offered several different allegations about the cause of his fall. The court held plaintiff was unable to identify the cause of his fall: The defendant established its prima facie entitlement to judgment as a matter of law by […]
The Second Department, reversing Supreme Court, determined the failure to timely file the certified minutes of the convention of the Democratic Committee for the Thirteenth Judicial District required removal of the names of two Supreme Court Justice candidates from the ballot: Under the statutory scheme, as to nominations flowing from a judicial nominating convention, certificates […]
The Second Department determined plaintiff’s Labor Law 240 (1) action against his employer (a demolition company) was barred by the exclusivity provisions of the Workers’ Compensation Law. Plaintiff fell when the roof of the building collapsed. Plaintiff’s motion for summary judgment against the owner of the building was properly denied because there was a question […]
The Second Department, in a full-fledged opinion by Justice Rivera, over an extensive dissent, determined that an adjudicated juvenile delinquent was not eligible for special immigrant juvenile status (SIJS): On the instant appeal, this Court is presented with the issue of whether the Family Court properly denied the renewed motion of Keanu S. (hereinafter the […]
The Second Department, remitting the matter for a hearing on equitable estoppel in this paternity proceeding, determined that generic marker testing should not have been ordered without first resolving the equitable estoppel issue: Family Court Act § 532 provides that, in a proceeding to establish paternity, “on the court’s own motion or the motion of any […]
The Second Department, remitting the matter for a hearing, determined that Family Court should not have granted mother's modification and violation petitions without holding a hearing: Where a facially sufficient petition has been filed, modification of orders relating to custody and visitation generally require a full and comprehensive hearing at which a parent is to […]
The Second Department determined a police officer injured trying to subdue and emotionally disturbed person can receive both Workers' Compensation and General Municipal Law 207-c benefits. The police chief denied the General Municipal Law 207-c benefits. Supreme Court annulled the police chief's denial holding that the police chief was estopped from denying the benefits because […]
The Second Department determined Supreme Court properly appointed a guardian for an incapacitated person, but should not have granted powers to the guardian over and above the powers recommended by the court-appointed evaluator: Mental Hygiene Law § 81.11(f) provides that “[i]f on or before the return date designated in the order to show cause the […]
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