89 results for 'judge:"Lynch"'.
J. Lynch finds that the lower court properly convicted defendant based on his guilty pleas to attempted burglary and aggravated harassment of a guard as a jail inmate because the record belied defendant's argument that he had not been fully apprised of the rights he was giving up by entering a plea. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: 112830, Categories: Burglary, Plea
J. Lynch finds that the workers' compensation board properly held that an insurer did not cancel a subcontractor's workers' compensation policy before a construction employee sustained injury because evidence did not indicate the insurer effected notice of cancellation by mailing such as a registered letter requesting return receipt. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: CV-22-2011, Categories: Insurance, Workers' Compensation
J. Lynch finds that the lower court properly convicted defendant of assault in a knife attack on his then-girlfriend and infant son. No speedy trial violations occurred when the prosecution filed newly required certificates of good-faith compliance in declaring readiness for trial, even if not every item of discovery sought had been turned over. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 8, 2024, Case #: 113125, Categories: Assault, Speedy Trial, Discovery
J. Lynch finds that the lower court improperly remitted for further review some applications from employees of New York's unified court system who sought a religious exemption from Covid-19 vaccination mandates. The office's questionnaire, which asked whether employees who opposed vaccination on fetal-cell testing grounds would give up any over-the-counter or prescription drugs they normally used that also relied on such testing, was not arbitrary in assessing sincerity of religious belief. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 8, 2024, Case #: CV-23-0032, Categories: Employment, Covid-19
J. Lynch finds the lower court properly granted the city's motion for summary judgment because the widening of an intersection was a valid exercise of the town's governmental power that prevents the power company from seeking any reimbursement for expenses related to its moving of various power lines and other equipment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: February 5, 2024, Case #: 2024-Ohio-399, Categories: Government, Property
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J. Lynch finds that the lower court properly altered a prior shared-custody order to reduce the mother's parenting time and give the father primary physical custody of their child. The child's interests were best served by the father, who was employed, married and offered a stable home environment compared to the mother, who had no full-time job and an unkempt house, and was under investigation for the death of her newborn to an unsafe sleeping position. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: January 18, 2024, Case #: CV-23-0330, Categories: Family Law
J. Lynch finds that the lower court properly declined to renew claims seeking removal of an elevated highway on Buffalo's waterfront known as the "Skyway" because no new facts were presented to support renewal, and constitutional claims concerning the environmental review process had not been raised previously. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: January 11, 2024, Case #: 536098, Categories: Civil Procedure, Environment
J. Lynch finds that the lower court properly declined to release plaintiff from placement in a behavioral health unit based on erratic public behavior. Her emergency admission was subsequently changed to involuntary retention, each of which permits a hearing under mental hygiene law, and plaintiff contended she had been shortchanged when her two hearings were combined. However, evidence indicates she suffered a mental illness and posed a risk of harm to herself. Her appeal was rendered moot after she was released from care, but the court applied a mootness exception to evaluate novel issues. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: January 4, 2024, Case #: CV-22-2354, Categories: Civil Procedure, Commitment
J. Lynch finds that the workers' compensation board properly held that a union construction worker, assigned to clean other buildings after the 9/11 attack on the World Trade Center, had not sustained a total industrial disability. Expert testimony established that while he faced restrictions due to work-related respiratory injuries, he remained employable in light of prior job experience and transferable skills. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 28, 2023, Case #: 535519, Categories: Workers' Compensation
J. Lynch finds that the lower court improperly dismissed personal injury claims brought after plaintiff fractured her ankle upon stepping off a curb into a pothole because records indicated the relevant section of state highway had been cut out and refilled two years earlier and that crews failed to repair a pothole likely formed in a cycle of freezing and thawing during routine road maintenance. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 21, 2023, Case #: 535681, Categories: Negligence
J. Lynch finds that the lower court improperly granted an application to release plaintiff from confinement at a psychiatric center because expert testimony and medical records demonstrated plaintiff required involuntary care and treatment for her mental illness, which included delusional thinking and behavior that threatened herself and others. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 21, 2023, Case #: CV-23-1485, Categories: Commitment
J. Lynch finds that the lower court properly declined to prematurely cease a husband's monthly maintenance award because he failed to counter proof contradicting his contention that his ex-wife was financially intertwined with another man or that she and their children were living with the man as a "family unit." Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 14, 2023, Case #: CV-23-0174, Categories: Family Law
J. Lynch finds that a police officer was properly denied accidental disability retirement benefits because the injury he sustained while attempting to kick in the locked bedroom door of a reportedly suicidal woman occurred in the course of ordinary job duties and thus did not constitute an "accident" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 14, 2023, Case #: CV-23-0551, Categories: Employment, Social Security
J. Lynch finds that the lower court properly dismissed negligence claims brought after an unexpected surge in hot water scalded an infant being bathed in a kitchen sink because the corporate entities that owned and maintained the apartment unit had not received notice of a dangerous condition and did not owe a duty to perform routine valve inspections. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 7, 2023, Case #: 536062, Categories: Landlord Tenant, Tort
J. Lynch finds that defendant was properly convicted of possessing child pornography because the appeal concerns issues not previously argued. However, the arguments may have affected the proceedings in light of "serious concerns" caused by rules imposed during the pandemic in which the public was excluded from portions of jury selection, as well as allegations that investigators used tactics to induce inculpatory statements. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: December 6, 2023, Case #: 22-826-cr, Categories: Fair Trial, Jury, Miranda
J. Lynch finds the trial court properly allowed the prosecution to name a witness the day before she testified in defendant's trial on attempted murder charges. Not only was the existence of the witness discovered while prosecutors prepped another witness for trial, but her testimony about phone calls exchanged with defendant on the day of the shooting was not particularly important to the case. Meanwhile, although there was some evidence to support defendant's self-defense claim, including threats made by the victim, his motion for acquittal on these grounds was properly denied. He knew the victim did not have a gun at the time of the shooting and knew exactly where the victim would be at that time of day. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: December 4, 2023, Case #: 2023-Ohio-4368, Categories: Firearms, Murder, Self Defense
J. Lynch finds the trial court properly allowed the victims' interview with personnel from the children's hospital to be admitted during defendant's trial on rape and sexual imposition charges. Although the interview took place more than a year after the abuse, the children had to that point received no medical treatment, which allowed its admission under the medical assessment hearsay exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: December 4, 2023, Case #: 2023-Ohio-4374, Categories: Evidence, Sex Offender, Child Victims
J. Lynch finds that the lower court improperly held that a hospital had not violated an exclusivity agreement with a radiology practice by raising quality-of-care oncology issues. In temporarily suspending the radiologist who owned the practice and acted as medical director, the hospital had not allowed him to hire temporary providers or an interim director as outlined in the agreement. However, the court properly held that the hospital had not defamed plaintiffs in performing professional reviews of work performed by the practice. Reversed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: CV-22-1968, Categories: Defamation, Contract
J. Lynch finds that the lower court properly convicted defendant based on his guilty plea to possessing and selling drugs because defendant failed to preserve his claim challenging the voluntariness of the plea, and he had not made statements triggering the preservation exception during the plea colloquy. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: 112729, Categories: Drug Offender, Plea
J. Lynch finds that the workers' compensation board properly held that a retail store manager sustained a work injury upon contracting Covid-19 on the job, which led to a stroke and hospitalization. Contracting Covid-19 in the workplace may constitute a compensable "accident," and the manager demonstrated his public facing job in a high volume store in the early days of the pandemic made him susceptible to the virus. Meanwhile, he had not suffered blood pressure issues before the consequential stroke. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 16, 2023, Case #: 536047, Categories: Covid-19, Workers' Compensation
J. Lynch finds that the lower court properly declined to find for either party in negligence claims brought after plaintiff lost control of his motorcycle upon hitting a depression on the city street because questions of fact remained unresolved as to whether the city created the depression by patching the street after repairing the water line. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 9, 2023, Case #: 535854, Categories: Municipal Law, Negligence
J. Lynch finds that the lower court properly dismissed a request to reduce the 2022 tax assessment on a residential property because the property owner failed to counter the "rebuttable presumption of validity" to the set assessment with a self-generated and unverified list of comparable nearby properties. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 2, 2023, Case #: CV-23-0299, Categories: Property, Tax
J. Lynch finds that the lower court properly allowed the decedent's fiance, as executor and residuary beneficiary, to admit to probate a document purporting to be the decedent's last will and testament because a surviving child who claimed to be a beneficiary under the original will failed to demonstrate that the fiance unduly influenced the subsequent document. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 2, 2023, Case #: 535646, Categories: Wills / Probate
J. Lynch finds that a report of maltreatment by a mother was properly forwarded to the state's central register of child abuse because, even though she made progress in therapy, evidence established that the mother's alcohol use interfered with parenting and caused her to perpetrate domestic violence against the child's father. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 26, 2023, Case #: 534451, Categories: Family Law
J. Lynch finds that the lower court improperly named a county social services commissioner guardian for a nursing home resident because the commissioner of the county in which she formerly lived, and which was responsible for Medicaid assistance, should have been named guardian. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 19, 2023, Case #: 535921, Categories: Medicaid, Guardianship
J. Lynch finds that the appellate division improperly excluded forensic evidence from being introduced to counter allegations that defendant sexually abused a youngster he was babysitting. Defendant was deprived the right to present a defense because the evidence directly responded to the prosecution's contention that no one other than defendant caused the child's vaginal injuries. Reversed.
Court: New York Court Of Appeals, Judge: Lynch, Filed On: October 19, 2023, Case #: 69, Categories: Evidence, Child Victims