The Second Department held that release on bail pauses CPL 30.30(2)(a)’s 90-day custody clock and that later recommitment resumes, rather than resets, the count.
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.
Second Department partially reverses in Child Victims Act case: foster care agency’s negligence and Social Services Law § 413 reporting claims survive summary judgment, but punitive damages are dismissed and school district escapes liability for acts of an agency-employed abuser.
Second Department reverses and dismisses hostile work environment and religious discrimination claims against faculty union (PSC) and its president, holding that unions have no affirmative duty to prevent workplace harassment because they do not control the employer’s work environment.
Second Department modifies ASA ruling against Goodyear: post-18 IIED and negligence claims dismissed on respondeat superior and WCL exclusivity grounds, but NY Human Rights Law hostile work environment claim survives.
The Appellate Division, Second Department affirms summary judgment dismissing race discrimination and retaliation claims under the NYSHRL and NYCHRL brought by a former MetroPlus executive whose employment was terminated following a state Medicaid audit, finding defendants provided a legitimate non-discriminatory reason that plaintiff failed to show was pretextual.
The Appellate Division, Second Department affirms leave to amend a Child Victims Act complaint to correct an incorrectly listed address for a defendant Roman Catholic church, rejecting appellants’ argument that the amendment introduces a new defendant after the CVA revival window closed.
A claimant who filed within the Adult Survivors Act’s revival window cannot amend after that window closes to add entirely new incidents of sexual abuse beyond those pleaded in the original claim, even if the proposed incidents involve the same parties or the same correctional facilities.
The Appellate Division, Second Department reversed a denial of a CPLR 3211 motion to dismiss, holding that a former hospital concierge’s NYSHRL disability discrimination and retaliation claims failed because the complaint contained only conclusory allegations about his disability and did not plead facts showing he could perform in-person patient-contact work with a reasonable accommodation.
The Appellate Division, Second Department holds that a former seminarian’s race, sexual orientation, and disability discrimination claims against the Roman Catholic Archdiocese of New York and Cardinal Dolan are non-justiciable under the First Amendment’s ecclesiastical abstention doctrine, because adjudicating them would require the court to evaluate his progress in Catholic priestly “human formation” — an inquiry into religious doctrine the courts may not conduct.
The Appellate Division, Second Department affirms denial of class certification for Asian NYPD captains alleging race discrimination in discretionary promotions to Deputy Inspector, holding that conclusory assertions of seeking “widespread, systematic reform” are insufficient to satisfy CPLR 901(a)(5)’s superiority requirement.