65 results for 'judge:"Pritzker"'.
J. Pritzker finds that the lower court properly distributed marital property in a divorce action by equally dividing sale proceeds of the family home. The wife contends she did not receive credits for a money gift from her mother in the down payment, or from her own investment of personal-injury proceeds in home improvements, but she failed to sufficiently delineate which money in the bank account that she claimed to be separate property. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 9, 2024, Case #: CV-23-0173, Categories: Family Law
J. Pritzker finds that a mother's appeal from an order to vaccinate one of her five children against Covid-19 should be dismissed as moot. All the children were temporarily removed from her custody at one point, and vaccination had been sought for the middle child so he could remain in a residential facility due to his autism and related behavior. The vaccination occurred and the children were returned to the mother's care, and thus no controversy remains.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 2, 2024, Case #: 535362, Categories: Civil Procedure, Family Law
J. Pritzker finds that defendant was properly sentenced based on his guilty plea to aggravated vehicular homicide and aggravated driving while intoxicated for driving the wrong way on a state highway and hitting an oncoming vehicle, killing one occupant and severely injuring another. Defendant points to his limited criminal history and that he had been in grief following his daughter's death in a car accident the year before, but the negotiated sentence took into account the life-altering impact this event had on him and his victims' families. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 25, 2024, Case #: 112475, Categories: Sentencing, Vehicular Homicide
J. Pritzker finds that a college student was properly found guilty of violating the school code of conduct concerning sexual interactions with a fellow coed, resulting in disciplinary dismissal, because evidence supported the finding of sexual misconduct, and the student's expulsion was not disproportionate to the offense. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 11, 2024, Case #: CV-23-0480, Categories: Civil Rights, Education
J. Pritzker finds that the lower court properly convicted defendant of weapon possession after a gun was fired during a fight outside a restaurant because evidence supported the verdict, including testimony from a restaurant employee who restrained defendant until police arrived after seeing him on the ground with a gun in his waistband, and eyewitness accounts contending that someone snatched the gun and fired it before walking away. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 4, 2024, Case #: 113391, Categories: Evidence, Weapons, Witnesses
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J. Pritzker finds that defendant was improperly convicted of robbery when his case was returned to the county district attorney for prosecution after being referred to special prosecutor. The initial shift was necessitated by a conflict of interest in the DA's office, but no reason was given as to why the conflict no longer existed. Thus, the indictment must be dismissed without prejudice so a new special prosecutor can be named to present the case to another grand jury. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 4, 2024, Case #: 111109, Categories: Criminal Procedure
J. Pritzker finds that the lower court properly dismissed a podiatrist's attempt to thwart state efforts to prosecute him for professional misconduct following the death of a patient because he failed to strictly follow the court-directed method of service following change of venue, which was fatal to establishing jurisdiction. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 28, 2024, Case #: CV-23-0088, Categories: Licensing, Jurisdiction
J. Pritzker finds that civil service employees who work as vocational instructors at state prisons were properly held ineligible for benefits on grounds that they were not totally unemployed. The instructors, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render them eligible for regular or pandemic unemployment benefits because they remained full-time, salaried workers. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 21, 2024, Case #: CV-22-2056, Categories: Employment, Covid-19
J. Pritzker finds that civil service employees who work as vocational instructors at state prisons were properly held ineligible for benefits on grounds that they were not totally unemployed. The instructors, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render them eligible for regular or pandemic unemployment benefits because they remained full-time, salaried workers. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 21, 2024, Case #: CV-22-2054, Categories: Employment, Covid-19
J. Pritzker finds that the lower court properly convicted defendant of menacing and menacing a police officer after he fired a shotgun near his parents' home and brandished the weapon at responding officers while yelling at the officers to shoot him. Defendant suffered cognitive impairments and depression and he had been using drugs and alcohol, but evidence indicated he acted with intent. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 29, 2024, Case #: 113496, Categories: Intent, Menacing
J. Pritzker finds that the lower court properly declined to suppress pills and a handgun discovered during a traffic stop in defendant's trial for drug and weapon possession. Officers possessed reasonable suspicion to ask defendant to empty his pockets because both the driver of the vehicle and defendant inconsistently answered police inquiries about their activities, and each of them had known connections to narcotics. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 29, 2024, Case #: 112813, Categories: Drug Offender, Firearms, Search
J. Pritzker finds that the lower court properly terminated a father's parental rights on grounds that he neglected his two children. Social service agencies made efforts to help the father reunite with the children, but he failed to find safe, stable housing; to engage in mental health counseling; or to maintain regular visits. The appeal from the termination of his parental rights should be dismissed as moot since the children, each removed from the home at birth, have been adopted. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 22, 2024, Case #: 535485, Categories: Civil Procedure, Family Law
J. Pritzker finds that the lower court improperly dismissed wrongful death claims stemming from a medical emergency at the swimming pool of a camp resort that resulted in death. The camp constituted a "temporary residence" under state sanitary code and thus did not owe a duty to provide a lifeguard at the pool, but the code required the camp to offer some oversight of swimmers. Affirmed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 22, 2024, Case #: CV-23-0387, Categories: Wrongful Death
J. Pritzker finds that a master baker was properly ruled ineligible for benefits on grounds that he was not totally unemployed. The baker contends he was put out of work by the Covid-19 pandemic, but the commercial bakery that employed him full-time provided time cards showing he worked several days a week during the relevant period. He blames the language barrier for the finding that he made willful misrepresentations, but he had been provided translation services. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 15, 2024, Case #: CV-22-2058, Categories: Employment, Covid-19
[Combined.] J. Pritzker finds that the lower court properly classified defendant as a risk Level 3 sex offender following a joint hearing on two risk-assessment reports prepared after he served prison time for separate guilty-plea convictions for rape and sodomy. Defendant sought a lower designation, but he failed to show mitigating factors not already considered to warrant the change. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 8, 2024, Case #: 534808, Categories: Sex Offender
J. Pritzker finds that the lower court properly award a wife $25,000 in attorney fees in a divorce proceeding, even though she sought $95,000, after weighing evidence from both sides. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 1, 2024, Case #: 534880, Categories: Family Law, Attorney Fees
J. Pritzker finds that the lower court properly convicted defendant of rape, unlawful imprisonment, and sexual abuse of a co-participant at a work event held at a resort in the Adirondacks based on DNA evidence from a tampon that became lodged inside the victim's body during forced sexual intercourse. Meanwhile, defendant was properly denied modification of the sentence in light of his lengthy criminal history and failure to accept responsibility. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: 112614, Categories: Evidence, Sentencing, Sex Offender
J. Pritzker finds that the lower court properly declined to dismiss workplace injury claims brought after plaintiff drove a lift off the edge of a loading dock while performing repairs on a salt shed because questions of fact remain unresolved as to whether plaintiff had been on the job the day before his contract commenced. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: CV-23-0916, Categories: Construction, Negligence
[Combined.] J. Pritzker finds that the lower court improperly declined to vacate defendant's conviction on his guilty plea to drug possession. Counsel failed to apprise defendant that the plea would make deportation to his native Haiti mandatory because the offense was an aggravated felony, creating hardship for him after two decades in the U.S. with work as a self-employed mechanic and as a parent of triplets. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 113077, Categories: Immigration, Ineffective Assistance, Plea
J. Pritzker finds that the lower court improperly determined when a wife's share of her husband's military pension in a divorce would commence. Because the parties referenced her 50% share in a separate agreement, that became the effective date, rather than the earlier commencement date for their divorce or the later date when military processing was completed. As a result, the wife was due arrears for the interim period only to the agreement's date and not before. Reversed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 535630, Categories: Family Law
J. Pritzker finds that the lower court properly declined to dismiss negligence claims brought under the Child Victims Act for sexual abuse allegedly perpetrated by a visiting priest at a state run juvenile detention center because claimant provided sufficient details of the alleged assaults and the ways in which personnel failed to supervise the priest. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 11, 2024, Case #: 535581, Categories: Negligence
J. Pritzker finds that the lower court properly declined to suppress a pilfered handgun police discovered while searching defendant's home for her sister because officers may have illegally entered the door on the first floor in order to reach the stairway to defendant's living space, but they did not perform the search before knocking and receiving permission to enter. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 4, 2024, Case #: 113475, Categories: Search, Theft
J. Pritzker finds that the tax appeals tribunal improperly reduced personal income tax refunds based on credits a business claimed under a state economic development program. Using a formula to separate in-state from out-of-state income to calculate credits was unwarranted because the taxpayers' firm, of which they were 50% owners, did only in-state business during the affected tax year. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535980, Categories: Tax
J. Pritzker finds that the tax appeals tribunal improperly reduced personal income tax refunds based on credits a business claimed under a state economic development program. Using a formula to separate in-state from out-of-state income to calculate credits was unwarranted because the taxpayers' firm, of which they were 50% owners, did only in-state business during the affected tax year. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535976, Categories: Tax
J. Pritzker finds that the lower court improperly held that a father was owed child support because he was the custodial parent to their two children. The couple's divorce specified a 50-50 custodial arrangement, and since the father earned more, he should have been deemed the noncustodial parent who paid child support. Meanwhile, income should not have been imputed to the mother from the significant earnings of her new husband because they kept their finances separate. Limited remittal is necessary to calculate the father's support obligation. Reversed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535852, Categories: Family Law
J. Pritzker finds that the lower court properly convicted defendant of robbery and burglary. Defendant, who is Black, objected to the allegedly pretextual dismissal of a prospective Black juror for having pink hair, but the prosecution contends that, no matter the race, jurors with odd hair hues would be challenged as "completely nonconformist." Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 112253, Categories: Jury, Robbery
J. Pritzker finds that the lower court properly gave a mother sole custody of her two children and granted her request to relocate to an area rife with family and friends, which would serve the children's best interests without shutting out their father, who frequently traveled to the area. However, limited remittal is necessary to work out a schedule for holiday and summer visits due to the parties' poor communication. Affirmed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 535676, Categories: Family Law