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 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 DOCCS must honor a sentencing judge’s shock-incarceration order when the same judge imposes a concurrent sentence for a non-disqualifying offense.
The Third Department reverses and holds that a police officer who suffered psychological trauma from a station-house shooting is a “crime victim” under New York’s Son of Sam Law without needing to show physical injury, broadly construing Executive Law § 632-a.
The Appellate Division, Third Department reversed a grandparent visitation order entered after the mother was forced to proceed pro se, holding Family Court violated her statutory right to counsel under Family Court Act § 262 by relieving her second assigned attorney without finding forfeiture based on egregious conduct.
The Appellate Division, Third Department held that the State Police must individually review and justify each redaction in its officer misconduct spreadsheet rather than applying a blanket personal-privacy exemption, while upholding FOIL counsel fee awards for the agency’s unreasonable denial.
The Appellate Division, Third Department, affirms dismissal of an Executive Law § 296(16) discrimination claim by a nurse practitioner with a sealed felony conviction, holding that the statute’s enumerated list of protected criminal dispositions does not include a general felony conviction — leaving a gap that only legislative action can close.