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.
The Second Department held that a court may reopen a SORA hearing before final disposition to correct its risk calculation, provided the offender had notice and a meaningful opportunity to respond.
The Second Department held that state cannabis law preempts Riverhead’s expanded school buffer while preserving rational local zoning distinctions.
Second Department affirms that the Presbytery holds a trust interest in a departing congregation’s 240 Main Street property under PCUSA’s constitutional trust clause and New York’s neutral principles of law approach.
The Appellate Division, Second Department reverses a weapon possession conviction after finding that officers lacked reasonable suspicion to pursue a man who walked between two residential driveways, rendering the subsequent discovery of a discarded firearm the product of an unlawful seizure.
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.