92 results for 'judge:"Lynch"'.
J. Lynch finds that decision must be withheld in defendant's appeal from his conviction for murder, attempted murder, and arson, which stemmed from two house fires, because the chief assistant district attorney on the appeal should be disqualified for having acted as the confidential law clerk to the trial judge. The ADA initially took part in the appeal, and thus the entire DA's office is disqualified, and a special prosecutor must be named to handle the appeal.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 2, 2024, Case #: 112498, Categories: Criminal Procedure, Murder
[Consolidated.] J. Lynch finds that the lower court properly found a child to be neglected due to her mother's drug use during pregnancy, and permanently placed the child with her paternal grandparents, who were caring for the mother's four older children at the time, as the child tested positive for opioids at birth and the mother admitted she used drugs. The child's best interests would be served by staying with her grandparents since social workers had lost contact with the mother and the child had lived with her grandparents since birth. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 2, 2024, Case #: 535992, Categories: Family Law
J. Lynch finds that the workers' compensation board properly declined to reconsider the denial of a housekeeper's claim seeking benefits for injuries sustained to her back and both knees because board members who denied the claim for failing to provide timely written notice did not commit an abuse of discretion upon also denying reconsideration. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: CV-23-0370, Categories: Civil Procedure, Workers' Compensation
J. Lynch finds that the lower court properly classified defendant as a risk level three sex offender on remand from the finding that he had received ineffective assistance because his presumptive level two designation was automatically raised to level three in light of his 1993 conviction for attempted rape. Meanwhile, he was deemed a sexually violent offender and a predicate sex offender. Affirmed
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: 531683, Categories: Sentencing, Sex Offender
J. Lynch finds the lower court properly denied the wife's motion for a spousal support modification. The court used up-to-date income numbers, while evidence in the record indicated the current support amount allowed the wife and children to leave comfortably, with ample funds for personal expenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: April 22, 2024, Case #: 2024-Ohio-1526, Categories: Evidence, Family Law
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J. Lynch found that the lower court improperly held the department of children, youth, and families in contempt of an order to place a child. Despite the department's reasonable efforts, an appropriate level of care was not available either in- or out-of-state due to availability and staffing shortages caused by the Covid-19 pandemic, in addition to the mother's noncompliance with the child's insulin regimen.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-75, Categories: Contempt, Family Law
J. Lynch finds that the lower court improperly rejected the inability defense forwarded by the department of children, youth, and families concerning its failure to place a child. Despite the department's reasonable efforts, facility staffing concerns, low discharge rates, and an increase in mental health issues among adolescents during the Covid-19 pandemic created a “perfect storm” for reduced capacity at all appropriate facilities.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-59, Categories: Contempt, Family Law
J. Lynch finds that the workers' compensation board properly held that a nurse technician suffered a temporary partial disability in a job-related accident because medical experts supported the finding despite the nurse's contention that she was fully disabled. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: CV-22-2147, Categories: Workers' Compensation
J. Lynch finds that the state board for professional medical conduct properly revoked the license of a physician serving as director of a private radiation oncology practice because expert testimony indicated the physician negligently and incompetently treated seven patients over the course of four years by recommending radiation over the superior option of palliative care, or by subjecting them to excessively high and frequent doses of radiation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: 535191, Categories: Licensing
J. Lynch finds that the lower court properly denied a mother's request to end guardianship of her disabled son to allow him to move from a group home to her residence because the mother made the request just days after a guardian had been named and thus failed to provide a sufficient legal or factual basis on which to terminate the order, since the son remained unable to provide for his own personal needs. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: 536174, Categories: Guardianship
J. Lynch finds that the lower court properly convicted defendant of assault and weapon possession after he shot his cousin in a case of mistaken identity. Under a theory of accomplice liability, defendant could be found guilty of acting in concert with codefendant even if he did not possess or shoot the weapon based on witness statements that the two were mad and "wanted to find people" following a fracas at a music venue. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 4, 2024, Case #: 112910, Categories: Assault, Witnesses, Accomplice Liability
J. Lynch finds that the lower court properly issued a duplicate order appointing a substitute referee in foreclosure claims and directed that a sale be held within the year. The original order had not been entered and could not be located, and gubernatorial action during the early days of the Covid-19 pandemic precluded residential foreclosures. Meanwhile, the homeowners were not prejudiced in the interim since they retained possession during the delay. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 4, 2024, Case #: 535862, Categories: Civil Procedure, Foreclosure, Covid-19
J. Lynch finds that the lower court properly sentenced defendant based on his guilty plea to possessing and selling drugs and conspiracy. Defendant contends the sentence was harsh, but exposure at trial would have been much greater. However, $16,000 in fines imposed on drug possession counts should be reduced to $12,000 because two counts arose from a single act. Affirmed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 28, 2024, Case #: 109796, Categories: Drug Offender, Sentencing
J. Pritzker finds that an education supervisor who worked at a state prison was properly held ineligible for benefits on grounds that he was not totally unemployed when summer programs were canceled during the pandemic summer of 2020. The education supervisor could opt into summer school services, but he followed a traditional September-June school year and received a 12-month salary. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 21, 2024, Case #: CV-23-0454, Categories: Employment, Covid-19
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: Government, Municipal Law, Housing
J. Lynch finds that the lower court improperly declined to dismiss claims of personal injury against a golf club by an experienced golfer struck in the eye by a ball during a tournament. The golfer, familiar with the course and design adjustments made for tournaments, assumed the risk of injury as a matter of law when he chose to play despite an awareness of the danger involved. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0642, Categories: Tort
J. Lynch finds that the district court properly denied defendant habeas relief from his murder conviction after an eyewitness recanted testimony and two new alibi witnesses came forward. Details of the 30-year-old case are "troubling" and the conviction was "weakly supported," but deference should be given to state's denial of post-conviction vacatur and the inmate's claim of actual innocence was insufficient. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 21-2582-pr, Categories: Habeas, Murder, Witnesses
J. Lynch finds that the district court properly denied federal whistleblower claims against a drug distributor but improperly dismissed similar state actions because the qui tam relator failed to demonstrate the distributor knowingly violated federal law in allegedly providing business management tools to customers at no charge as kickbacks for making commitments to purchase drugs. However, analogous state claims should not have been rejected based solely on federal anti-kickback provisions because their statutes may be different. Affirmed in part.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 23-726-cv, Categories: Business Practices, Whistleblowers
J. Lynch finds that the lower court properly allowed an insurer to recover payments made to a furniture retailer that suffered water damage at its mall showroom. The retailer's lease contained an indemnity provision, but the damage had been caused by repairs made outside the showroom. Thus, the mall failed to deliver space containing plumbing "suitable for occupancy." Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 7, 2024, Case #: 535961, Categories: Insurance, Contract
J. Lynch finds that the lower court properly found for the assignee in a mortgage foreclosure action. A third party that acquired deed title from the borrower challenged standing, but the assignee demonstrated it held both the note and mortgage when foreclosure was commenced. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 7, 2024, Case #: CV-22-2080, Categories: Foreclosure
J. Lynch finds that the lower court properly modified a custody order to award the mother primary custody of her two children. Initially, the father had been awarded custody while the mother was in jail, but after her release and relocation out-of-state, and following the father's eviction, he arranged for the children to live with her. Later, he changed his mind and refused to return the children after summer vacation. In a best interests analysis, the children's needs were better served by the mother, who offered a more stable home environment and family structure. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 29, 2024, Case #: CV-23-0468, Categories: Family Law
J. Lynch finds that defendant was properly convicted of predatory sexual assault against a child and endangering the welfare of a child concerning several years of sexual encounters with a girl between the ages of 6 and 9. The girl's testimony contained some inconsistencies, but the weight of the evidence supported the verdict. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 29, 2024, Case #: 112141, Categories: Evidence, Sex Offender, Child Victims
J. Lynch finds that the lower court properly altered an order to grant sole custody of a child to her father because the best interests analysis demonstrated that the mother exhibited poor judgment about the girl's health and safety, while the father demonstrated that he was better equipped to make sound decisions on important issues. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 22, 2024, Case #: CV-22-2183, Categories: Family Law
J. Lynch finds that the lower court improperly found for a retailer in slip and fall claims brought after a customer tripped over a bar stabilizer on a rolling metal ladder because the ladder had been left in an aisle contrary to store policy, which raised questions of fact as to whether the premises had been kept in a reasonably safe condition. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 22, 2024, Case #: CV-23-0131, Categories: Negligence, Premises Liability
J. Lynch finds that the workers' compensation board properly held in abeyance the issue of whether selling a firearm constituted "work" in deciding whether claimant made misrepresentations to receive benefits for a back injury. Benefits were suspended after claimant pleaded guilty to crimes including sale of a firearm and was sent to prison, and the board did not abuse its discretion in waiting for claimant to hold a hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: CV-23-0111, Categories: Civil Procedure, Workers' Compensation
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