35 results for 'judge:"Mackey"'.
J. Mackey finds that the tax appeals tribunal properly denied a motor fuel distributor a refund for excise taxes paid under protest for fuel brought into the state because the distributor failed to definitively document that the taxes had been paid by the buyer. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 9, 2024, Case #: CV-23-0108, Categories: Tax
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. Mackey finds that the lower court properly classified defendant as a risk level two sex offender with a sexually violent offender designation. Defendant contends sworn statements from his then-13-year-old victim contained discrepancies concerning allegations that he used forcible compulsion and engaged in sexual intercourse with her, but the girl subsequently divulged other sexual abuse committed by defendant while she was in therapy.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 25, 2024, Case #: 533009, Categories: Evidence, Sex Offender
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of drug and weapon possession after handguns and drug paraphernalia were found in a red duffel bag and heroin envelopes were recovered from the scene. Defendant contends the state failed to establish constructive possession, but identifying information had been discovered in the bag, and an acquaintance directed police to heroin she hid in the building upon fleeing from defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: 112610, Categories: Drug Offender, Evidence, Weapons
J. Mackey finds that the lower court improperly reduced counsel fees awarded after plaintiff prevailed in claims seeking information from police relating to an alleged trespassing incident because the flat $5,000 award, reduced from the combined $33,300 sought by two attorneys, rendered the hourly rate more conforming to the locality without accounting for the hours put in. Instead, $12,100 should have been awarded, plus costs incurred. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: CV-23-1044, Categories: Public Record, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Mackey finds that the lower court improperly denied a father's motion to vacate a default order issued when he failed to appear at an in-person settlement conference on a petition to eliminate his overnight parenting time because evidence indicated car trouble kept the father from attending the hearing, which did not prejudice mother, since she already was on notice that he would oppose modifying his visitation. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-23-0419, Categories: Civil Procedure, Family Law
J. Mackey finds that the lower court properly terminated a mother's parental rights on grounds that she abandoned her son, who had been in foster care since soon after birth. The mother contends due process violations occurred since the abandonment hearing had been held in her absence, but she had been aware of the hearing date, at which her attorney provided "zealous" representation. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-22-2182, Categories: Civil Procedure, Family Law
J. Mackey finds that the workers' compensation board properly held that a construction employee suffered an accidental, work-related injury when he fell into a hole at a job site because the employee's accident report and his treating chiropractor supported the claim despite conflicting testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: March 21, 2024, Case #: CV-22-2146, Categories: Workers' Compensation
J. Mackey finds that the lower court properly dismissed claims challenging the state formula for calculating per-pupil "basic tuition" owed to New York City charter schools by the city and school district for the 2021-22 school year because judicial review of administrative decisions must be filed within four months of the determination. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: CV-23-0383, Categories: Civil Procedure, Education
J. Mackey finds that the lower court properly convicted defendant of aggravated driving while intoxicated with a child passenger, driving while impaired by drugs, and drug possession based on evidence gathered during a traffic stop for using a cell phone while driving. Defendant contends the DWI charge should have been dropped because evidence did not indicate intoxication from alcohol, but in recognition of an apparent clerical error in citing the underlying law, that count was amended during trial without prejudicing defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: 112888, Categories: Criminal Procedure, Dui
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of burglary but should have vacated the verdict on ineffective assistance claims. Burglary counts were supported by evidence provided by codefendant and witnesses to two apartment break-ins, but a hearing should have been held on the vacatur request to determine why defendant had been required to wear a "stun belt" restraint during trial and why counsel failed to object to its use. Affirmed in part.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 22, 2024, Case #: 112809, Categories: Burglary, Ineffective Assistance
J. Mackey finds that a police officer was properly denied accidental disability retirement benefits after he injured his back while moving boxes of road flares because receiving and organizing flare deliveries fell under the officer's facilities duties and thus did not constitute an accident under social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 15, 2024, Case #: CV-23-0765, Categories: Employment, Social Security, Tort
J. Mackey finds that the lower court improperly convicted defendant of course of sexual conduct against a child and endangering the welfare of a child for allegedly digitally penetrating an 8-year-old boy's rectum whenever the child shared his bed. A question from the jury was not adequately answered to dispel their confusion over the statutory time element involved. As a result, a new trial is warranted. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: 113425, Categories: Jury, Sex Offender, Child Victims
J. Mackey finds that the workers' compensation board properly held that a black-car driver in New York did not suffer a permanent disability from injuries sustained in a motor vehicle accident. The driver received benefits for shoulder, neck, back, and other injuries, but medical experts indicated the injuries were healing and that the driver had been feigning impairment. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: 535472, Categories: Workers' Compensation
J. Mackey finds that the unemployment insurance appeal board properly held that four instructors and supervisors working with state prison inmates were ineligible for benefits because they were not totally unemployed. Although their 10-month academic year permitted summer hourly work for the prison system, they could not seek benefits when the Covid-19 pandemic curtailed that revenue stream in 2020 because they were employed on an annual basis. By agreement between the state and union, the decision is binding on other similarly situated prison workers. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: CV-22-2051, Categories: Insurance, Labor / Unions
J. Mackey finds that the lower court properly shifted shared legal and prime physical custody of a child solely to his father following disintegration of the arrangement because the mother's demonstrated animosity toward the father and her failure to acknowledge or address the boy's mental health issues did not serve the child's best interests. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 1, 2024, Case #: 535054, Categories: Family Law
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of murder, conspiracy and weapon possession in a murder-for-hire scheme to collect on a life insurance policy because circumstantial evidence established defendant agreed to drive codefendant from Delaware to New York, met with the insurance beneficiary before the murder, accompanied defendant to the victim's apartment, and drove him back to Delaware. However, his sentence should be modified by setting weapon counts to run concurrently to murder and conspiracy counts to result in an aggregate term of 25 years to life. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: January 25, 2024, Case #: 110698, Categories: Murder, Sentencing, Conspiracy
J. Mackey finds that the lower court properly found for a town in a slip and fall claims concerning injuries sustained in a municipal parking lot because town law requires prior written notification of a hazard, and plaintiff's expert offered conclusory opinions as to whether the town's paving methods created the problem. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: January 11, 2024, Case #: 536077, Categories: Municipal Law, Tort
J. Mackey finds that the lower court properly found for the town in trespass and nuisance claims concerning sewer lines that ran through property purchased for development because survey maps and title insurance provided the buyer notice of an easement the former owner granted to the town years before. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 28, 2023, Case #: 535418, Categories: Property
J. Mackey finds that an appeal from a temporary order of supervision was rendered moot upon dismissal of the underlying neglect petition. The father challenged the provision allowing child-welfare workers to enter his home to ensure the environment was safe for visitation with the youngest two children included in the abuse/neglect proceeding, which also barred the father from contacting the older four children.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 21, 2023, Case #: 536124, Categories: Family Law
J. Mackey finds that the lower court properly granted a father sole custody of his daughter due to educational neglect her mother instigated by sending the girl to school dirty and unkempt and letting her miss so many days she had to repeat the first grade. A best interests analysis demonstrated that the father, who relocated to Texas and got married, was better able to provide for the child, even though he had been criminally prosecuted in the past. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 21, 2023, Case #: CV-23-0157, Categories: Family Law
J. Mackey finds that the workers' compensation board properly held that claimant was an employee of a municipal transit system rather than a leased worker and thus that the leasing firm was not responsible for providing benefits for her injury in a job-related accident. Transit system executives testified claimant was not a leased employee, and the leasing firm unequivocally stated she had not applied to be such. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 14, 2023, Case #: 536090, Categories: Employment, Workers' Compensation
J. Mackey finds that the workers' compensation board properly denied a municipal bus driver benefits stemming from an accident on grounds that he was not sufficiently attached to the labor market. The bus driver contends he had to retire due to disability, but medical evidence established he remained capable of doing sedentary work, which he failed to seek with diligence. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 14, 2023, Case #: 535825, Categories: Workers' Compensation
J. Mackey finds that the lower court properly declined to suppress evidence in his trial for weapon and drug possession because the search was supported by probable cause based on the informant's sworn firsthand account about what he had observed while selling stolen goods and buying drugs at defendant's apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: 111216, Categories: Drug Offender, Search, Weapons
J. Mackey finds that the lower court properly found for owners of a resort complex by concluding the property had been overassessed. While the town valued each of the 347 parcels individually in assessing the four tax years in dispute, the recent arms-length transaction under which the resort changed hands was the best indicator of value. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: CV-22-1981, Categories: Property, Real Estate, Tax
J. Mackey finds that the lower court improperly classified defendant a risk level three sex offender for sexual misconduct committed as a youthful offender since counsel failed to seek a downward departure. Meanwhile, the court failed to explain the decision, necessitating remittal with newly assigned counsel. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 30, 2023, Case #: 529568, Categories: Ineffective Assistance, Sex Offender