61 results for 'judge:"Aarons"'.
J. Aarons finds that defendant was properly convicted of menacing for threatening hospital security guards who tried to stop him from taking a wheelchair while he was being escorted out of the emergency department for acting aggressively toward staff, as the guards' testimony established they reasonably feared others could be injured when defendant brandished a knife. The lower court improperly ordered defendant to wear leg shackles during trial and failed to issue curative instructions to the jury, but the error was harmless given the overwhelming evidence of guilt. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113131, Categories: Evidence, Menacing
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: Sentencing, Assault, Plea
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to attempted assault for striking a neighbor in the head with a hammer. While the time between the crime and indictment had been protracted, due process was not violated because the neighbor hesitated in pressing charges until he was interviewed in connection with the suspicious death of defendant's wife, with whom the neighbor had a brief extramarital affair. An enhanced sentence was properly imposed since defendant failed to adhere to conditions requiring honest answers to presentence report questions. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CR-22-2067, Categories: Sentencing, Assault, Due Process
J. Aarons finds that the lower court properly dismissed a request to review the decision denying public records sought by plaintiff following revocation of his driver's license after he failed to attend a rescheduled hearing associated with his DUI arrest. The department of motor vehicles provided a copy of the hearing notice, and evidence did not indicate notice had been returned as undeliverable. Since revocation of the license was subsequently vacated, that issue is moot. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-23-0289, Categories: Civil Procedure, Licensing, Public Record
J. Aarons finds that the lower court properly held that a husband's estate must turn over proceeds of a retirement plan to his wife's estate. The husband had been named sole beneficiary of the wife's pension, but he died three days after her and thus did not survive her by the 120-hour period outlined in state trust law. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-22-1974, Categories: Civil Procedure, Social Security
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J. Aarons finds that defendant was properly convicted of menacing and drug and weapon possession after a search of his apartment uncovered marijuana and cocaine following his arrest for pointing a gun at his then-girlfriend and her children. Defendant contends the weight of the evidence did not support constructive possession, but he admitted the gun and marijuana were his and that he lived in the apartment in which the cocaine had been found. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 4, 2024, Case #: 112513, Categories: Drug Offender, Evidence
J. Aarons finds that the lower court properly convicted defendant based on her guilty plea to drug possession after a box containing cocaine was discovered during a traffic stop. Defendant contends the state trooper coerced her into agreeing to the search, but her verbal and written consent was deemed voluntary. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 4, 2024, Case #: 113534, Categories: Drug Offender, Search
J. Aarons finds that an appeal should be dismissed as brought from the decision awarding workers' compensation to a caseworker who slipped and fell while leaving a home visit because the employer no longer was aggrieved when a dispute over deposing the worker's medical provider was resolved internally by the workers' compensation board.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: 535782, Categories: Workers' Compensation
J. Aarons finds that the workers' compensation board properly held that a police officer had removed himself from the labor market in claims contending he sustained injury in a trip-and-fall accident in his capacity as union representative. The officer alleged the injuries led to his involuntary retirement months later, but he had been on light duty for similar neck and back injuries twice before, primarily doing union work. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: CV-23-0503, Categories: Workers' Compensation
[Consolidated.] J. Aarons finds that the lower court properly denied a request in which defendant, a retired police officer, sought to vacate his conviction for falsely reporting an incident and illegally discharging a firearm. Defendant contends he was denied due process on grounds that his sentence was based on extrajudicial materials, but he was aware grand jury minutes would be considered. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 14, 2024, Case #: 113251, Categories: Firearms, Plea, Due Process
J. Aarons finds that the unemployment insurance appeal board properly held a tree farm/nursery liable for additional contributions on remuneration paid to immigrant seasonal workers. Labor law amendments that provide farm workers greater rights specifically exclude workers with temporary U.S. agricultural visas from consideration as employees, but the amendments lack a retroactivity provision shielding the tree farm from liability for past practices. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: 536000, Categories: Immigration, Labor
J. Aarons finds that a business was properly found guilty of discriminatory practices toward a pregnant employee based on evidence that the employee's working conditions were made so intolerable she felt compelled to resign. Meanwhile, the award of $65,000 in lost wages and mental anguish and the $10,000 civil fine were reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: CV-23-0381, Categories: Damages, Employment Discrimination
J. Aarons finds that the lower court properly held that unionized county workers were owed continued no-cost prescription benefits after the single participating pharmacy closed. The county proffered a contract-reversion defense, but the state public employment relations board determined a past practice existed that the unions' rank-and-file reasonably expected to continue. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: 535968, Categories: Health Care, Labor / Unions
J. Aarons finds that the lower court properly declined to vacate default judgment of foreclosure for back property taxes. The property owner contends he did not receive notice since a similar action had been withdrawn, but no new petition was required to reinstate foreclosure. Meanwhile, the appeal was not mooted by the county's sale of one of the parcels to a third party. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535873, Categories: Civil Procedure, Tax, Foreclosure
J. Aarons finds that defendant's appeal from the denial of his habeas request should be dismissed as moot. Defendant had absconded in 2015 and remained at large until he was charged with attempted murder in Illinois in 2017, for which he served a six-year sentence before being extradited to New York. Defendant objected to being held without bail pending a parole revocation hearing, but the issue was rendered moot when a revocation hearing occurred and he was returned to prison until 2030. Defendant's valid complaint that he had not been allowed to cross-examine a parole officer was not sufficiently novel to trigger an exception to the mootness doctrine.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535304, Categories: Criminal Procedure, Habeas, Parole
J. Aarons finds that the lower court properly convicted defendant of murder, robbery, and weapon possession after codefendants ripped off marijuana sellers and defendant shot one of the dealers following a car chase. Witnesses established that defendant brandished a gun upon taking the marijuana and shot the victim after approaching his vehicle. Defendant contends a robbery could not have occurred since "owning" marijuana was illegal in New York at the time, but this claim lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 22, 2024, Case #: 112197, Categories: Evidence, Murder, Robbery
J. Aarons finds that the workers' compensation board properly held that an asbestos worker who hurt his back hauling pieces of a cast-iron boiler had not misrepresented his medical history because the independent medical examination contained several references to a prior mild back injury he sustained upon being struck by a slow-moving vehicle as a pedestrian. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: CV-22-2330, Categories: Workers' Compensation
J. Aarons finds that the lower court properly revoked defendant's probation and resentenced him to prison based on his guilty plea to selling drugs. Defendant failed to preserve his contention that he did not voluntarily admit to violating probation, and he made no statements triggering the narrow exception to the preservation requirement. Affirmed.c
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: 110739, Categories: Criminal Procedure, Drug Offender, Probation
J. Aarons finds that a teacher's assistant at a private Catholic school was improperly ruled ineligible for benefits after being fired for failing to meet Covid-19 vaccination mandates because she received insufficient time to get the shot to be disqualified for voluntarily leaving her job without good cause, despite requesting to consult with her doctor. On remittal, the court should consider whether she had been fired for misconduct. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 18, 2024, Case #: CV-23-0001, Categories: Civil Procedure, Employment, Covid-19
J. Aarons finds that the lower court properly dismissed claims against a lawyer who became romantically involved with his client during her divorce proceedings because the husband failed to demonstrate the concealed relationship caused him damage or led to adverse rulings, and the lawyer's alleged contentiousness and post-judgment behavior did not exceed the bounds of advocacy to constitute willful delay. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 11, 2024, Case #: CV-23-0731, Categories: Family Law
J. Aaron finds that the lower court properly found for the owner of an apartment complex in claims contending legal malpractice resulted in sale of a property in foreclosure. The case was complicated by a bankruptcy filing represented by another law firm, and the attorney handling foreclosure failed to alert the owner of the sale when the bankruptcy stay was lifted. Furthermore, the law firm handling the bankruptcy matter lacked liability in the foreclosure action. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2238, Categories: Bankruptcy, Foreclosure, Legal Malpractice
J. Aarons finds that plaintiff's driver's license was properly revoked even though officers who arrested him for driving while intoxicated and resisting arrest did not appear at the administrative hearing because plaintiff did not attempt to enforce judicial subpoenas requiring their testimony and did not request adjournment. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2166, Categories: Civil Procedure, Licensing, Vehicle
J. Aarons finds that the lower court properly convicted defendant of drug possession and using drug paraphernalia after both were found in plain sight by police executing a no-knock warrant at an apartment. Defendant challenged the finding that he constructively possessed the contraband, but he had keys to the apartment in his jacket pocket, which he had police retrieve from another room while he was being arrested. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 21, 2023, Case #: 110325, Categories: Drug Offender, Search
J. Aarons finds that the lower court properly changed venue in takings claims concerning sewer pipe installed across a property because the action was filed against the city and thus must be heard in the county in which the municipality is situated. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 21, 2023, Case #: 529798, Categories: Property, Venue
J. Aarons finds that the lower court properly set compensation for an attorney who represented a beneficiary in judicial accountings for two trusts because it was not necessary to refer the matter to arbitration before a dispute resolution body since, by law, surrogate's courts may fix counsel fees. Meanwhile, malpractice allegations could not be resolved by arbitration. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 7, 2023, Case #: 533523, Categories: Arbitration, Trusts, Attorney Fees
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to weapon possession after drugs and a gun were found in a search of his residence. Defendant contends statements he made to police should have been suppressed since he had requested counsel, but the record indicates he made only passing reference to talking with a lawyer. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 30, 2023, Case #: 112580, Categories: Miranda, Search, Weapons
J. Aarons finds that a county judge should be barred from enforcing his decision to dismiss a murder indictment when the prosecution opted not to participate at trial following the denial of an adjournment request seeking additional preparation time because the judge acted outside his authority in staging a "charade" trial until counsel moved for dismissal instead of crafting another remedy. The judge is also prohibited from enforcing a sanction he permitted defendant to choose after the prosecution failed to provide an expert witness disclosure, which constituted an improper delegation of judicial authority.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 30, 2023, Case #: 535974, Categories: Judiciary, Discovery