1,804 results for 'court:"New York Appellate Divisions"'.
J. Moulton finds that the lower court improperly dismissed a youth-led organization's claim that the state and city actors in charge of New York City's public school system have denied Black and Hispanic students students their constitutional right to a basic education. Although the facts supporting an implication of discriminatory intent are not fully developed, claimants deserve the benefit of the doubt that they could be able to establish the truth before a judge. The disparate impact on students is clearly severe and undisputed, and the lack of other facts is understandable at this time since discrimination is rarely admitted. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 3, 2024, Case #: 02369, Categories: Civil Rights, Education
Per curiam, the appellate division finds that the lower court properly found for a lender in a $230 million real estate financing claim. The term sheet gave the lender an exclusive right to provide the loan within a certain time period, in which the borrower failed to secure enough equity financing. This permitted the lender to recover one percent of the loan amount in liquidated damages under the exclusivity clause. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02384, Categories: Real Estate, Banking / Lending
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault, but should only have convicted on one charge. The evidence, including testimony from a police officer, shows that he spat on an elderly victim and punched him in the face. Also, his ineffective assistance of counsel claim fails because the record does not permit review of it. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: Ineffective Assistance, Assault
Per curiam, the appellate division finds that the lower court properly convicted defendant of robbery and sentenced him to 10 years in prison. The court should have suppressed defendant's statement to police that he had been in the cab when the robbery happened because it was not made spontaneously and violated his Miranda rights. However, the error was harmless in light of the overwhelming evidence that he robbed the victim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: Miranda, Robbery
Per curiam, the appellate court finds that the lower court improperly ruled in employment claims because plaintiff's past acts of child maltreatment involving domestic violence were not relevant to her current work in child care and discredit efforts plaintiff has made since that time. Thus, the office of family services may not inform her employer or any licensing agency about this past maltreatment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: TP 23-01620 , Categories: Employment, Licensing
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Per curiam, the appellate division finds that the trial court properly found for the employer in defamation claims concerning statements that had been made about the employee's professional and medical misconduct because the employer had been required to make such a report. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00146 , Categories: Employment, Defamation
Per curiam, the appellate court finds that defendant was improperly convicted of multiple counts of child endangerment and sexual abuse because several charges were duplicative, and evidence cast doubt on the exact number of instances of abuse. The state may present the vacated charges to a new grand jury. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-00437, Categories: Criminal Procedure, Sex Offender
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: Civil Procedure, Property
Per curiam, the appellate division finds that defendant was improperly convicted of kidnapping in the second degree because the lower court erroneously held that the merger doctrine did not apply, even if he had not been charged with the lesser offense of menacing. However, the court properly declined to instruct the jury on justification involving the use of ordinary physical force because evidence indicating that defendant applied force to the victim's neck to stop her from breathing could only support the conclusion that defendant used "deadly physical force."
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-01350 , Categories: Jury, Kidnapping, Menacing
J. Power finds that the lower court properly held that restrictive covenants on parcels within a subdivision barred offering a single-family residence as a short-term Airbnb rental. While owners were permitted to rent a premises, restrictions limit use to "single family residential purposes," which implies longer-term living arrangements as opposed to short stays. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 2, 2024, Case #: CV-23-0610, Categories: Property
Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: Contempt, Attorney Fees
J. Mackey finds that the lower court properly held that an incarcerated father's consent was not needed for the adoption of his son by the boy's mother and her new husband since the father indicated his intent to forgo parental rights by failing to contact the boy for more than six years. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 2, 2024, Case #: 536102, Categories: Family Law
J. Garry finds that the lower court properly modified a shared parenting order to award sole legal and physical custody to the father because repeated unfounded claims that the father sexually abused the child subjected the girl to intrusive exams over several years, and the mother demonstrated lack of fitness to act as custodial parent by otherwise interfering with the father-daughter relationship. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 2, 2024, Case #: CV-23-0081, Categories: Family Law
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. Clark finds that the lower court improperly reduced a mother's time with her two children due to her failure to keep her father away from the older child after he was accused of a sexual offense because drastically reducing her parenting time would not serve the best interests of her children, despite her failure to appreciate the risk posed by her father. A new hearing is necessary to set an appropriate parenting schedule. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 2, 2024, Case #: CV-22-2221, Categories: Family Law
J. Reynolds Fitzgerald finds that the lower court properly held that the town had authority to permanently bar junkyards on four parcels zoned rural residential. Nonconforming uses generally may continue following zoning alterations in the event that pre-existing use had been legally permitted, but the property owner failed to demonstrate the town had awarded a license allowing the junkyard to operate, and selective enforcement did not occur. However, monetary penalties should be recalculated and reduced to $296,500. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: May 2, 2024, Case #: 535723, Categories: Zoning
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: Vehicle, Negligence
J. Fisher finds that the lower court improperly annulled the decision authorizing an oversight agency to use an aquatic herbicide to control spread of the invasive Eurasian watermilfoil in Lake George. The board of the Adirondack Park Agency rationally approved the permit, as members received scientific studies and research demonstrating that the herbicide would be minimally harmful to native plants and water insects and more cost-effective than previously attempted eradication methods. Meanwhile, the agency was due judicial deference on factual evaluations within its area of expertise. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: CV-23-0672, Categories: Administrative Law, Environment
Per curiam, the appellate division finds that the lower court properly granted the flooring subcontractors' motion to dismiss a personal injury suit because the worker's accident was not in connection with their work. The accident, caused when a scaffold wheel fell into an uncovered hole, occurred two weeks after the floor subcontractors left the job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02364, Categories: Construction, Tort
Per curiam, the appellate division vacates its March 2024 order naming the Mid-Hudson Women's Bar Association as custodian to take possession of the files of Delores Felice Seligman, a deceased attorney, who had been suspended for failing to cooperate with an investigation into the management of her escrow account.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-77-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Yasutaka Orihara may not be reinstated from his May 2019 suspension for failing to meet registration requirements because Orihara failed to demonstrate compliance with continuing legal education requirements for suspensions of longer than two years.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-78-24, Categories: Attorney Discipline