47 results for 'judge:"Ceresia"'.
J. Ceresia finds that the lower court properly awarded primary physical custody of a child to the mother. The father was granted additional parenting time, but he previously lied about being the child's primary caregiver. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 9, 2024, Case #: 535843, Categories: Family Law
[Consolidated.] J. Ceresia finds that the lower court improperly convicted defendant of assault, use of a firearm, and weapon possession as an accomplice to a street shooting and robbery. Defendant may have been present in the chaotic altercation that preceded the shooting, but he had not been captured striking the victim on the head or taking a handgun on the surveillance video. Defendant drove a vehicle that pursued the victim after the shooting and stopped as directed so someone else could rob the victim, but evidence did not indicate defendant shared a "community of purpose" with the assailants. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 2, 2024, Case #: 113207, Categories: Firearms, Assault, Accomplice Liability
J. Ceresia finds that the lower court properly sentenced defendant for strangulation, assault, weapon possession, and harassment following several episodes of domestic violence with a former live-in girlfriend because his prolonged physical and verbal attacks on his girlfriend were "abhorrent," and he only took responsibility for some of the more minor allegations against him, such as breaking a key chain, while he attempted to blame his girlfriend by contending she was bringing "crazy" claims to "get back" at him. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: April 4, 2024, Case #: 112603, Categories: Sentencing, Domestic Violence
J. Ceresia finds that the workers' compensation board properly held that a maintenance supervisor made material misrepresentations during evaluations to assess the permanency of his work-related injury to hands, wrists and shoulders due to repetitive use. Surveillance video by his employer, along with testimony and reports that included an independent medical examination, supported the finding. Furthermore, disqualifying him from future wage-replacement benefits also was proper. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: March 14, 2024, Case #: CV-22-2032, Categories: Workers' Compensation
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J. Ceresia finds that the lower court properly dismissed due process and equal protection claims brought after a business was denied a special use permit to renovate property for auto sales, rentals, and repairs. The business failed to serve the city or individual residents who opposed the project for likely impacts on pedestrians, and claims were prematurely brought against county officials since a mere advisory opinion had been entered on the need for sidewalks. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 11, 2024, Case #: CV-22-2128, Categories: Property, Due Process, Equal Protection
J. Ceresia finds that the lower court properly declined to permanently seal records related to a dispute between companies working to release lifesaving treatment for a rare childhood illness. The company seeking to manufacture the injectable drug contends trade secrets and other confidential information may be exposed prior to arbitration, while the developer of the drug pursued injunctive relief to continue the parties' master services agreement for production. However, the request to seal was overly broad and did not overcome the general presumption of open court access on a matter of public interest. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 11, 2024, Case #: CV-23-0428, Categories: Arbitration, Contract, Injunction
J. Ceresia finds that the lower court properly dismissed a guardian's petition challenging the decision that her disabled niece was ineligible to attend New York City schools since they had lived in the Bahamas at times because the complaint was not properly served. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 4, 2024, Case #: 536111, Categories: Civil Procedure, Education
J. Ceresia finds that the lower court properly ordered a bank, as trustee, to refund legal fees paid out of trust assets. Certain fees were germane to administering the trust, but the bulk related to a plan to reform the trust by removing the requirement that two beneficiary organizations maintain tax-exempt, charitable status, which fell outside the clear language of the decedent's will. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 4, 2024, Case #: 535123, Categories: Trusts
J. Ceresia finds that the workers' compensation board properly held that a sanitation employee failed to disclose prior compensable injuries in applying for benefits for injuries sustained to his right foot while stepping off the back of a truck. Evidence amply demonstrated the employee made false statements on his application to obtain wage-replacement benefits, but both the mandatory penalty reducing the award and the discretionary penalty barring future wage-replacement benefits lacked support. Affirmed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 21, 2023, Case #: 534777, Categories: Workers' Compensation
J. Ceresia finds that the lower court improperly dismissed a father's petition to modify an order awarding the mother primary physical custody of the parties' two children because a formal hearing should have been held on allegations of withheld parenting time. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 21, 2023, Case #: CV-22-2107, Categories: Family Law
J. Ceresia finds that the lower court properly convicted defendant based on his guilty plea to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Defendant contends he should not have been allowed to represent himself at sentencing, but his request was unequivocal and the court's inquiry was thorough. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 112877, Categories: Sentencing, Dui, Self Representation
J. Ceresia finds that a translation/transcription service was properly found to be an employer of linguists liable for unemployment insurance contributions because the company screened the professionals, paid them at set rates, and offered their services to clients. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 535923, Categories: Employment, Insurance
J. Ceresia finds that the lower court improperly held that a group working on business attraction and retention in a county that lacked an office focused on such activity did not constitute a public authority required to submit to state oversight. The agency was entitled to deference in interpreting statute in evaluating business operations against legislation intended to encourage transparency in economic development. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 536021, Categories: Agency, Business Practices
J. Ceresia finds that a school district's appeal from a state order to cease using "Indians" as a nickname with Native American imagery should be dismissed as moot. While the appeal was pending, state education regulations were amended to specify that no public school in New York would be allowed to use Indigenous names, logos, or mascots for any reason other than classroom instruction.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 535910, Categories: Education, Native Americans
[Consolidated.] J. Ceresia finds that the lower court properly dismissed public record claims related to hospital treatment received by Covid-19 patients and statistics on hospital deaths, both generally and tied to Covid-19, as requested by a media company that produces health care content geared to doctors and policymakers. The records access officer for the health department certified that the documents did not exist or could not be found despite a diligent search. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 536110, Categories: Civil Procedure, Public Record, Covid-19
J. Ceresia finds that the lower court improperly dismissed claims in which a nursing home seeks immunity against negligence claims stemming from the death of a resident who contracted Covid-19 early in the pandemic. The nursing home was not rendered liable for past acts by the repeal of state emergency measures granting immunity to health care professionals providing treatment to Covid patients because retroactivity was not presumed or expressed in the legislation. Meanwhile, the decedent's records indicate she was closely monitored and that care had been provided on a good faith basis. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 30, 2023, Case #: 535767, Categories: Tort, Immunity, Covid-19
J. Ceresia finds that the lower court improperly dismissed portions of defendant's request for documents withheld or redacted in a Freedom of Information Law filing stemming from the denial of executive clemency on his murder conviction. Information that would have invaded personal privacy or endangered an individual should have been withheld, and defendant should have been awarded litigation costs, since he substantially prevailed in the proceeding. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 22, 2023, Case #: CV-22-2357, Categories: Public Record, Privacy, Attorney Fees
J. Ceresia finds that the lower court properly granted a mother's request to modify a prior order to name her primary caregiver for her son. The father had been the custodial parent, but he failed to contact the child for a year after the mother left a domestic violence shelter. Meanwhile, the decision served the child's best interests. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 22, 2023, Case #: 534665, Categories: Family Law
J. Ceresia finds that the lower court properly rejected a constitutional challenge to rules requiring plaintiff, a sex offender, to register with the state upon release from prison. Registration does not violate privacy in light of the "strong societal interest" of protecting the public from convicted sex offenders, and government intrusion on that account is not unreasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 16, 2023, Case #: CV-22-2277, Categories: Privacy
J. Ceresia finds that the lower court properly declined to enter a contempt order in a dispute over an unpaid money judgment concerning the lack of response to subpoenas seeking information and virtual depositions because the court did not abuse its discretion in finding a lack of "contumacious conduct." Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 2, 2023, Case #: 536135, Categories: Contempt
J. Ceresia finds that the lower court properly convicted defendant of manslaughter and endangering the welfare of a child in the death of his pregnant paramour's one-year-old son. Evidence indicated that, while left alone with defendant, the boy suffered multiple blunt-force traumas to the abdomen which could not be explained by defendant and that defendant had previously physically abused the child and attempted to hide the abuse. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 110622, Categories: Evidence, Manslaughter, Child Victims
J. Ceresia finds that the lower court properly found for a law firm on reargument in legal malpractice claims concerning representation received by a wife in divorce proceedings because the wife failed to counter the expert affidavit of a matrimonial attorney, a former Supreme Court justice who opined that the attorney's strategy to overturn the separation agreement as unconscionable would not have succeeded. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 535469, Categories: Experts, Legal Malpractice
J. Ceresia finds that the lower court properly adjudicated defendant a juvenile delinquent for choking another middle school student during lunch. Defendant contends evidence did not establish intent to commit the adult crime of obstruction of breathing, but testimony indicated she locked her arms around the student's neck from behind while pulling her from the bench to the ground and telling her to "go to sleep." Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 19, 2023, Case #: CV-22-2282, Categories: Juvenile Law
J. Ceresia finds that defendant was improperly convicted of coercing his girlfriend's 13-year-old daughter into "flashing" her breasts to him because the indictment charged defendant with coercing the girl into sending him explicit photos, which was not an element of the alleged interaction. However, defendant was properly convicted of sexual abuse and endangering the welfare of a child. Revesrsed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 12, 2023, Case #: 113217, Categories: Evidence, Sex Offender, Child Victims
J. Ceresia finds that the workers' compensation board improperly denied a construction worker's claim as unrelated to his job. The employee, who oversaw safety, tore his rotator cuff while pulling a gate closed across the street from the hotel construction site, which was part of the extended job site due to the fact that materials were stored there and the employee had been instructed to use the site for parking. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 12, 2023, Case #: 535483, Categories: Workers' Compensation
J. Ceresia finds that a police officer was properly denied accidental disability retirement benefits in claims contending on-the-job injuries left her permanently incapacitated because slip-and-fall incidents did not constitute "accidents" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 5, 2023, Case #: 535215, Categories: Social Security, Tort