The Fourth Department reversed defendant's conviction because the trial judge did not fully advise counsel of the contents of a jury note: We agree with defendant that the court violated the core requirements of CPL 310.30 in failing to advise counsel on the record of the contents of a substantive jury note, and thereby committed […]
The Fourth Department noted that a failure to rule on a portion of a motion cannot be deemed a denial. Therefore the decision on appeal was reserved and the matter sent back for a ruling: Defendant appeals from an order insofar as it failed to grant that part of his pro se motion seeking DNA […]
The Fourth Department reserved decision and sent the matter back for a reconstruction hearing concerning whether the trial judge apprised defense counsel of the entire contents of a jury note. The court reporter submitted an affidavit indicating the transcript is incomplete and the judge's remarks about the jury note were inadvertently omitted: … [T]he People […]
The Fourth Department reversed Family Court's neglect finding in the interest of justice, in part because the finding relied on the uncorroborated hearsay testimony of the child: … [T]he court determined that the mother neglected the children by forgetting to feed them, but the only evidence of such a danger is the uncorroborated out-of-court statement of […]
The Fourth Department, in affirming the denial of mother's petition to relocate, determined the portion of the order which provided that father would automatically be granted custody upon mother's relocation: … [The] court erred in including a provision in the order that transferred primary physical custody of the child from the mother to the father […]
The Fourth Department, reversing Family Court, determined primary physical custody of the children should not have been awarded to the maternal grandmother because the proceedings were flawed: “[A]s between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished […]
The Fourth Department, reversing Supreme Court, determined that Pioneer Middle School was not an additional insured under the policy which insured of the employer (Kleanerz) of Ayers, who slipped and fell on ice and snow in the Pioneer Middle School parking law: We conclude that Pioneer is not an additional insured under the policy inasmuch as […]
The Fourth Department determined father could not be found to have permanently neglected the children and also found to be mentally ill to a degree warranting termination of his parental rights: Given the court's finding that the father was incapable of caring for the children based on his mental illness, however, the court erred in […]
The Fourth Department, holding the appeal in reserve, sent the matter back for factual findings in this custody case: With respect to the court's award of sole legal custody to the mother, we conclude that the court failed to set forth ” those facts upon which the rights and liabilities of the parties depend' “… […]
The Fourth Department, reversing Supreme Court, determined plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213 should have been granted. Plaintiff met her burden by submitting the notes and guarantees and an affidavit of nonpayment. The evidence submitted by the defendants was deemed conclusory and designed to create a feigned question of […]
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