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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2021 NY Slip Op 04626 [197 AD3d 518]
Regular Panel Decision
Aug 04, 2021

D. S. v. Positive Behavior Support Consulting & Psychological Resources, P.C.

This case involves an appeal by the Port Jefferson School District from an order denying its motion to dismiss a personal injury complaint. The infant plaintiff, a special education student, was allegedly injured by a therapist, Vito Silecchia, during a behavioral therapy session. The plaintiffs sued the School District, among others, alleging Silecchia was an employee or agent. The District contended Silecchia was an independent contractor retained through Positive Behavior Support Consulting and Psychological Resources, P.C. The Appellate Division affirmed the Supreme Court's denial of the dismissal motion, stating that the complaint adequately stated a cause of action and that documentary evidence did not conclusively establish an independent contractor relationship, given provisions in the agreement suggesting the District maintained some control over the services.

Personal InjuryRespondeat SuperiorIndependent ContractorMotion to DismissAppellate ReviewVicarious LiabilitySchool District LiabilitySpecial EducationTherapist NegligenceCPLR 3211 (a) (1)
References
25
Case No. MISSING
Regular Panel Decision

In Re Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. MISSING
Regular Panel Decision
Nov 21, 1983

People v. Balls

The defendant, charged with manslaughter in the second degree, was convicted of criminally negligent homicide for the death of his seven-week-old daughter. The primary issue on appeal was whether the prosecutor's summation comments regarding the defendant's prearrest silence constituted reversible error. The court found these comments to be a permissible 'response in kind' to the defense's characterization of the defendant's behavior and deemed them harmless error, citing overwhelming evidence of guilt, including medical testimony of a comminuted skull fracture. The judgment was affirmed, and the imposed sentence of 1 1/3 to 4 years imprisonment was upheld.

Criminally Negligent HomicideManslaughter Second DegreeInfant DeathFractured SkullCircumstantial EvidenceProsecutorial MisconductPre-arrest SilenceHarmless ErrorSufficiency of EvidenceMedical Expert Testimony
References
15
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. Lindner

This case involves an appeal concerning judgments from the Supreme Court, Kings County, which adjudged certain defendants guilty of criminal contempt of court for violating the Taylor Law and imposed fines. The judgment dated April 8, 1980, finding criminal contempt, was affirmed. However, the judgment dated July 14, 1980, which imposed additional fines, was modified. Specifically, provisions adjudging Transportation Workers Union of America, AFL-CIO, and Amalgamated Transit Union, AFL-CIO, guilty of criminal contempt and fining them were deleted. The court determined that the international unions had complied with the prior order by instructing locals to return to work, and their actions did not constitute willful defiance.

Criminal ContemptTaylor LawLabor DisputeUnion LiabilityAppellate ReviewJudiciary LawPublic WelfareCollective BargainingStrike SanctionsInjunction
References
2
Case No. MISSING
Regular Panel Decision

Salvamoser v. Pratt Institute

The plaintiff appealed an order granting summary judgment to the defendants, Pratt Institute and 205 Ashland Associates, for personal injuries resulting from a criminal assault. The plaintiff was robbed on a public street near her residence, owned by 205 Ashland Associates and leased by Pratt Institute, then forced into her apartment and to a bank. She alleged negligence by the defendants for a defective or open front door, contending they failed to provide adequate security. The Supreme Court found the defendants' actions were not a substantial cause of the injury, as the criminal act originated off-premises and the plaintiff would have been compelled into her apartment regardless of the door's security. The appellate court affirmed the summary judgment dismissal, concluding that the causal connection between any negligence and the criminal act was too attenuated as a matter of law.

Personal InjuryCriminal AssaultNegligencePremises LiabilitySummary JudgmentCausationProximate CauseLandlord LiabilityAppellate ReviewSecurity Measures
References
5
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. MISSING
Regular Panel Decision

People v. Louis

This judicial opinion addresses a claim by Consultants for Criminal Justice Alternatives (CCJA) for $1,260 in compensation, under County Law § 722-c, for 28 hours of prepleading and presentence 'other than counsel services' provided to an un-named criminal defendant. Judge Budd G. Goodman approved 27 hours of service but reduced the hourly rate from $45 to $30, awarding $810. The court denied compensation for clerical activities. The decision extensively discussed criteria for 'reasonable compensation' based on service provider qualifications and service nature, and affirmed the existence of 'extraordinary circumstances' allowing compensation above the $300 statutory limit.

Compensation ClaimCounty Law § 722-cOther Than Counsel ServicesPrepleading ReportPresentence ReportExtraordinary CircumstancesHourly Rate DeterminationParaprofessional ServicesCriminal DefenseSocial Work Standards
References
4
Case No. MISSING
Regular Panel Decision

New York Criminal Bar Ass'n v. Newton

Plaintiffs, including Coastal Oil New York, Inc. and two criminal defense bar associations, brought an action under 42 U.S.C. § 1983 against three New York State Justices, alleging that the New York County District Attorney illicitly influenced the assignment of judges to "high-profile" criminal cases, thereby violating their due process rights. The alleged scheme involved the D.A. selecting "pro-prosecution" judges for initial ex parte orders, then recommending them for grand jury duties and subsequent trials. Defendants moved for judgment on the pleadings, arguing mootness and lack of standing. The District Court granted the defendants' motion, ruling that Coastal Oil's claim was moot because the challenged judge had recused himself, and the remaining bar associations and individual plaintiffs lacked standing as they had not suffered a concrete injury. Consequently, the amended complaint was dismissed.

Due ProcessJudicial AssignmentCriminal ProcedureStandingMootnessFederal Question Jurisdiction42 U.S.C. Section 1983District AttorneyJudicial Bias AllegationsRecusal
References
34
Case No. MISSING
Regular Panel Decision

People v. Hinkein

The defendant appealed a judgment from the County Court of Columbia County, rendered on February 15, 2001, convicting her of three counts of criminal sale of a controlled substance in the third degree and one count of endangering the welfare of a child following a guilty plea. The defendant argued that the County Court erred in accepting her plea without first conducting a competency examination under CPL 730.20, given her history of manic depression. However, the Appellate Division found that the County Court did not abuse its discretion, citing correspondence from social workers indicating no mental status abnormalities and the defendant's capable responses during the plea colloquy. The appellate court also determined that the imposed sentence was neither harsh nor excessive, considering the defendant's criminal history and her use of a 12-year-old child as a drug courier. Consequently, the judgment of the County Court was affirmed.

Criminal sale of controlled substanceEndangering welfare of childGuilty pleaCompetency issueCPL 730.20Second felony offenderConcurrent sentenceManic depressionMental health assessmentAppellate review
References
13
Case No. 884/15
Regular Panel Decision
Mar 03, 2025

People v. K.D.

K.D., convicted of Murder in the Second Degree and originally sentenced to 18 years to life, sought resentencing under the Domestic Violence Survivors Justice Act (DVSJA). The court found that K.D. was a victim of substantial domestic violence by the decedent, Norberto Valentin Cruz, which significantly contributed to her criminal behavior, and that her original sentence was unduly harsh. Despite the severity of the crime and the victim's family's anguish, the court considered K.D.'s remorse, rehabilitation efforts, lack of prior criminal history, and strong family support. Balancing these factors, the court vacated the original sentence and ordered a resentencing of 11 years imprisonment followed by 5 years of post-release supervision.

Domestic Violence Survivors Justice ActDVSJAResentencingMurder Second DegreeDomestic Violence VictimCriminal Procedure Law 440.47Penal Law 60.12Judicial DecisionRehabilitation EffortsMitigation Factors
References
22
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