The Third Department determined the inmate was denied his right to “seek and receive the assistance of attorneys” requiring dismissal and expungement: Petitioner here sought to discuss the disciplinary proceedings with retained counsel, but prison officials prohibited personal and telephonic contact between the two prior to the disciplinary hearing. To be sure, inmates do not […]
The First Department, in a full-fledged opinion by Justice Gesmer, reversing Family Court, determined (1) the adopted child’s attorney had standing to object to the child support rulings, and (2) the child had the right to receive the adoption subsidy until 21. Mother had consented to the child being cared for by a guardian and […]
The First Department, in a full-fledged opinion by Justice Singh, determined that the NYC Department of Housing and Community Renewal (DHCR) had the authority to sua sponte vacate a nonfinal order under the Rent Stabilization Code and DHCR correctly found that petitioner 333 East 49th Partnership, LP (the owner) was responsible for refunding the overcharge collected by […]
The First Department, reversing Supreme Court, determined that plaintiff’s motion for summary judgment on his Labor Law 240 (1) and 241 (6) causes of action should have been granted. Plaintiff fell off a flatbed truck as steel beams were being hoisted from the truck: Plaintiff established that the accident was proximately caused by defendants’ failure to provide […]
The Second Department determined defendant demonstrated the absence of actual or constructive notice of the allegedly slippery condition on the staircase in this slip and fall case: Defendant established its entitlement to judgment as a matter of law by establishing that it did not have actual or constructive notice of the urine on the staircase […]
The Third Department, in a matter of first impression, determined the damages award for loss of Seabury’s pension benefits in this sexual harassment case was properly calculated using the “total offset” method: We … reject petitioner’s contention that SDHR [State Division of Human Rights] erred by failing to reduce the damages awarded for loss of pension […]
The Third Department exercised its power to reduce a sentence in the absence of an abuse of discretion by the sentencing judge. In the midst of difficult divorce proceedings defendant deposited a check made out to her and her husband. The evidence demonstrated the husband’s signature was forged and defendant was convicted of criminal possession […]
The Third Department determined defense counsel was ineffective in failing to request a Frye hearing concerning a computer program, the TrueAllele Caaswork system, used to interpret mixed DNA samples. The appeal was held in abeyance and the matter remitted for the hearing: Defendant asserts that his trial counsel should have challenged, by way of a Frye hearing, […]
The Second Department, reversing Surrogate’s Court, determined the law firm representing the executor and trustee of the estate in a removal proceeding should not have been disqualified based upon the firm’s prior representation of the decedent’s wife, Sandra, for Sandra’s estate planning: ” A party seeking disqualification of it[s] adversary’s counsel based on counsel’s purported prior […]
The Second Department, reversing Supreme Court, determined that the petition for a variance to allow construction of an in-law apartment should not have been granted: To obtain a use variance, an applicant must demonstrate to the zoning board of appeals that “applicable zoning regulations and restrictions have caused unnecessary hardship” (Village Law § 7-712-b[2][b]). This […]
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