The Fourth Department vacated a 17-year-old’s drug plea because prosecutors used nonspecific, unsupported allegations rather than sworn personal-knowledge facts to establish extraordinary circumstances.
The Fourth Department held that a father’s child-sex-offense convictions collaterally estopped him from relitigating the same abuse issues in pending Family Court article 10 proceedings.
The Fourth Department refused to reopen a divorce settlement over a medical-practice sale because the wife received notice of a potential transaction before waiving further disclosure.
The Fourth Department reversed the denial of a late-notice-of-claim application in a school bullying case, finding that the District acquired actual knowledge of the claim through its counselor’s involvement in related Family Court proceedings and that the mother’s preoccupation with those proceedings constituted a reasonable excuse for the delay.