The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
The Third Department reinstated grandparent-visitation petitions and ordered immediate contact where Family Court failed to weigh each child’s best interests and less restrictive safeguards.
The Third Department held that filing an election validation case is insufficient unless every necessary party is served within the statutory period, which an order to show cause cannot extend.
The Third Department held that New York’s narrower lawyer-client sexual-relations rule requires proof of coercion, intimidation, or undue influence, while imposing reciprocal discipline for conflict and withdrawal violations.
The Third Department upheld PERB’s finding that a village manager could add a supervisor to an existing union and that a successor board committed an improper practice by cutting his pay to force withdrawal.
The Third Department held that a pharmacist could not directly annul a disciplinary consent order and had to present her alleged preapproval revocation through agency reconsideration first.
The Third Department held that DOCCS must honor a sentencing judge’s shock-incarceration order when the same judge imposes a concurrent sentence for a non-disqualifying offense.
The Appellate Division confirmed over $14.5 million in NY corporate franchise tax deficiencies against an offshore Isle of Man hotel company that failed to file returns for seven years and then provided belated, unverifiable substantiation.