67 results for 'judge:"Fisher"'.
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
J. Fisher finds that the lower court properly terminated a mother's parental rights for permanent neglect of her four children. After the children were removed from her care, the mother failed to take full advantage of programs and services directed toward mental health and chemical dependency issues, and she made little effort to reunite with them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: 535706, Categories: Family Law
J. Fisher finds that an inmate was improperly found guilty of smuggling and possessing a weapon in charges brought when a ceramic scalpel was found on the ground after he was observed dropping something from his pocket. Meaningful review could not occur due to inaudible gaps in the hearing transcript, and remittal for a new hearing would not be feasible due to the inmate's parole release. Thus, the determination must be annulled and expunged.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: 535826, Categories: Weapons, Prisoners' Rights
J. Fisher finds that the workers' compensation board improperly denied a senior court officer benefits on grounds that he was not a participant in 9/11 rescue, recovery, and cleanup efforts at the World Trade Center. The officer qualified for benefits under the "liberal construction" of special provisions of workers' compensation law tied to the New York attacks, as the officer helped clear the area for emergency vehicles and personnel. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: CV-23-0103, Categories: Workers' Compensation
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J. Fisher finds that the lower court improperly upheld an order dismissing a foreclosure action because the motion seeking vacatur was not untimely since status letter notice had not been sent to the lender to encourage prosecution; meanwhile, the lender did not require a reasonable excuse for the perceived delay. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 11, 2024, Case #: CV-22-2138, Categories: Civil Procedure, Foreclosure
[Consolidated.] J. Fisher finds that the lower court improperly denied defendant's request to vacate his conviction for weapon possession without a hearing. Defendant pleaded guilty after being charged in a superseding indictment for acting in concert with codefendant to shoot a third man, but unbeknownst to defendant, the third man had previously threatened codefendant with a gun, information which could have affected defendant's decision to enter the plea. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 4, 2024, Case #: 113487, Categories: Criminal Procedure, Plea
J. Fisher finds that the lower court properly allowed the custodial father to relocate with this three children to New Jersey and to temporarily suspend the mother's telephone contact with one child until therapeutic visitation could begin. The mother claimed ineffective assistance, but the record showed she received meaningful representation. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 4, 2024, Case #: CV-22-2002, Categories: Family Law
J. Fisher finds that a police officer was properly denied accidental disability retirement benefits for a shoulder injury that occurred while responding to a medical emergency because the injury occurred in the course of the officer's routine employment duties and constituted a risk of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 21, 2024, Case #: CV-23-0234, Categories: Social Security, Tort
J. Fisher finds that a former nursing home resident was properly deemed ineligible for Medicaid benefits during certain periods. The evidence offered by the home and her family failed to rebut the presumption that some asset transfers made during the statutory five-year "lookback" period were made to qualify for assistance. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 14, 2024, Case #: CV-23-0858, Categories: Medicaid
J. Fisher finds that the lower court properly declined to dismiss negligence claims brought against the village after plaintiff's son and a friend were buried in snowbanks created by the department of public works, when two loads of snow were dumped onto their "forts" by a front-end loader used to truck "excess snow" to the otherwise empty lot. The friend of plaintiff's son died from the injuries. The village contends it owed no duty to the children, but the public works employee launched "a force or instrument of harm" by failing to take reasonable care upon using a front-end loader to scoop and dump snow. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 29, 2024, Case #: CV-22-1931, Categories: Negligence
J. Fisher finds that the lower court properly declined to dismiss negligence claims brought against the village after plaintiff's son and a friend were buried in snowbanks created by the department of public works, when two loads of snow were dumped onto their "forts" by a front-end loader used to truck "excess snow" to the otherwise empty lot. The village contends it owed no duty to the boys, but the public works employee launched "a force or instrument of harm" by failing to take reasonable care upon using a front-end loader to scoop and dump snow. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 29, 2024, Case #: CV-22-1921, Categories: Negligence
J. Fisher finds that the lower court properly convicted defendant of rape and unlawful imprisonment for forcibly having sex with a close friend. A "classic" he-said-she-said version of events had been presented at trial, but evidence supported the victim's contention that physical force had been used to engage in sexual intercourse without her consent, including apologetic text messages defendant sent her. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 22, 2024, Case #: 113252, Categories: Evidence, Sex Offender
J. Fisher upholds defendant's conviction for entering the capitol building on January 6, 2021 and refusing to leave. She fails to show the judge's statements during her sentencing, in which the judge said her political beliefs were delusional, support her claim of judicial bias. Affirmed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: February 22, 2024, Case #: 22-CM-0778 , Categories: Judiciary, Sentencing, Trespass
J. Fisher finds that the workers' compensation board properly held that claimant voluntarily withdrew from the labor market. Claimant had been classified as having sustained a permanent partial disability and 70% loss of wage-earning capacity, but he was not attached to the labor market at the time of classification. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 15, 2024, Case #: 535640, Categories: Workers' Compensation
[Combined.] J. Fisher finds that the lower court properly convicted defendant following his guilty plea to robbery and then revoked his earlier probation on conviction for attempted burglary. The concurrent terms he received as a result were not harsh, as one represented the statutory minimum for a second violent offender. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 8, 2024, Case #: 112435, Categories: Burglary, Robbery, Sentencing
J. Fisher finds that the lower court properly granted a request to annul the state agency's denial of union requests for records associated with the disciplinary hearings of two inmates. Although the inmates had a privacy interest in the records, in which counts against them had been found to be unsubstantiated and the records ordered to be expunged, the agency failed to indicate that redaction could not protect this interest. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 1, 2024, Case #: CV-23-0636, Categories: Public Record, Prisoners' Rights
J. Fisher finds that defendant was properly convicted of criminal contempt and aggravated family offense for violating an order of protection that prohibited contact by mail or electronic means because records for defendant's JPay prison messaging account indicated that he sent instant messages to the victim via an app on her smartphone. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 1, 2024, Case #: CR-22-2017, Categories: Restraining Order, Contempt
J. Fisher finds that the lower court improperly found that a mother neglected her four children in an action similarly brought against their father. Because the mother, who inconsistently attended fact-finding hearings, was not present at the final one where her assigned counsel was granted an oral request to be relieved without sufficient inquiry, remittal is necessary to ensure the right to counsel assistance. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 18, 2024, Case #: 536032, Categories: Family Law
J. Fisher finds that the lower court properly found for a paving subcontractor that worked on a project to construct a municipal airport taxiway because the contract unambiguously set the price at the prevailing wage at the time of paving, and thus an impermissible escalation had not occurred when the work invoice increased. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 11, 2024, Case #: CV-22-2007, Categories: Construction, Contract
J. Fisher finds that the lower court properly dismissed a union president's request to review the state's denial of a freedom of information request seeking results, by ethnicity and gender, of all applicants taking 12 specific civil service exams. Privacy issues were cited concerning applicants who failed the tests because the union had access to other data that could identify those individuals, contrary to statute. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 11, 2024, Case #: CV-22-1978, Categories: Employment, Public Record
J. Fisher finds that the lower court properly enhanced the presumed classification to declare defendant a risk level three sex offender given the risk of recidivism demonstrated by his history of similar incidents in which he stalked strangers before entering their homes to sexually abuse them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 4, 2024, Case #: 535947, Categories: Sentencing, Sex Offender
J. Fisher finds that the lower court properly declined to dismiss negligence claims contending a nursing home failed to sufficiently monitor a resident, who fell up to seven times before being transferred to another facility, where she died. Questions of fact remain unresolved as to whether the decedent received one-on-one supervision and whether various safety devices and alarms had been available to protect her. However, claims of medical malpractice should have been dismissed. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 28, 2023, Case #: 535504, Categories: Tort, Medical Malpractice