The First Department exercised interest-of-justice discretion to send a 17-year-old’s weapon case to Family Court because prosecutors had not shown extraordinary circumstances overcoming Raise the Age’s removal presumption.
The First Department ordered a second resentencing because the judge denying youthful-offender treatment appeared unfamiliar with the defendant’s actual offense and personal circumstances.
The Appellate Division, First Department reversed a dismissal and reinstated a class action challenging the NYPD’s practice of routinely handcuffing all arrestees during arraignment without judicial approval, finding the policy states a viable due process claim under the New York State Constitution.
The First Department dismissed gender-motivated violence and intimate-recording claims in a divorce action, holding that the NYC Gender-Motivated Violence Protection Act requires allegations of gender-based animus beyond possessive or jealous conduct, and that both NYC Administrative Code § 10-180 and Civil Rights Law § 52-b apply only to visual depictions — not audio recordings.
The First Department affirmed denial of a motion to disqualify an attorney under RPC Rule 1.18 (prospective client rule), holding that plaintiff did not meet the ‘heavy burden’ of showing the current representation was ‘substantially related’ to the prior consultation, and that plaintiff waived attorney-client privilege over consultation emails by filing them publicly on the court docket.
The First Department upheld denial of accidental disability retirement to an NYPD officer with PTSD from witnessing a fellow officer stabbed through the eye, holding that confronting on-duty violence falls within the inherent risks of police work and is not an ‘accident’ for pension purposes.
The First Department reversed reinstatement of a sexual harassment claim against a condo board whose president allegedly harassed his personal assistant, holding that NYCHRL employer liability requires an employment relationship—agency alone is insufficient.
The First Department reinstated a detective’s NYCHRL/NYSHRL retaliation claims after he objected to a supervisor’s national-origin remark and his gun and shield were confiscated days later, while affirming dismissal of his Civil Service Law §75-b and discrimination claims.