The Fourth Department annulled the determination against an inmate because of inadequate assistance. The court found that the inmate was improperly denied requested documents and witnesses: …[W]e note that the Hearing Officer indicated that the signatures of the hall captains were illegible and thus unidentifiable, even by those officers in the block to whom the […]
The Fourth Department determined a retired employee was not required to go through the grievance procedure outlined in the Collective Bargaining Agreement because the unambiguous language of the CBA did not apply to retirees no longer union members: In relevant part, the CBA defines the term “grievance” broadly as “a controversy, dispute or difference arising […]
Although the Fourth Department affirmed defendant’s conviction, the court agreed with the defendant that the People improperly conditioned co-defendant’s plea upon his promise not to testify at defendant’s trial and threatened to increase the co-defendant’s sentence if he did testify. The trial court eliminated the problem by permitting the co-defendant to testify without exposure to […]
Although the Fourth Department affirmed defendant’s conviction, two justices would have reversed on prosecutorial misconduct and ineffective assistance grounds. The murder prosecution was based upon circumstantial evidence, including DNA evidence. The DNA evidence, according to the dissenters, formed the crux of the People’s case. The dissent offers a detailed explanation of the different types of […]
The Fourth Department reversed Supreme Court finding that the pay disparity between City of Buffalo and City of Tonawanda judges, as set forth in Judiciary Law 221-i, was constitutional: It is undisputed that the disparate judicial salary schedule set forth in Judiciary Law § 221-i does not implicate a suspect class or a fundamental right, […]
Over a dissent, the Fourth Department determined a construction manager was not liable as an agent of the owner under Labor Law 241(6) because the manager did not control the activity which resulted in the injury. In addition the court determined the Labor Law 200 and common law negligence causes of action should hav been dismissed: […]
The Fourth Department, in affirming the grant of summary judgment to the defendant municipality in a suit based upon injuries alleged to have been caused by police officers, the court explained the law relevant to negligence suits against municipalities: With respect to the negligence cause of action, it is well settled that, in an action […]
Over a two-justice dissent, the Fourth Department determined Supreme Court erred in granting plaintiff’s application to file a late notice of claim. Plaintiff, a wrestler, had contracted herpes from another high school wrestler. The school had knowledge of the issue (a Health Advisory) and of another wrestler’s claim against the school based upon the same […]
The First Department determined the termination of a teacher’s employment was a punishment which “shocked one’s sense of fairness.” The teacher, who was well-respected and had an unblemished record, was found to have engaged in sexual conduct with an adult colleague in the school building after hours. The incident was highly publicized. In finding the punishment […]
The Second Department determined that the fact that the plaintiff was riding his bicycle the wrong way on a one-way street (negligence as a matter of law) did not mandate summary judgment for the defendant bus driver (Wright). There can be more than one proximate cause to an accident and defendant failed to demonstrate it was […]
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