Matter of Silverman
Second Department sustains all four charges of attorney misconduct for escrow account misappropriation and record-keeping failures involving shortages up to $30,366.
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New York
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Matter of Riverkeeper, Inc. v. New York City Department of Environmental Protection
Second Department affirms mandamus compelling DEP to provide event-specific public notification of sewage discharges under the Sewage Pollution Right to Know Act.
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Matter of Mia M.M.-S. (Desiree M.D.)
Second Department affirms neglect finding based on excessive corporal punishment leaving marks on child’s face, holding single incident sufficient and deferring to Family Court credibility determinations.
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Matter of Jour v. Kitsis
Second Department denies mandamus petition by criminal defendant seeking to compel judge to decide pending motion, holding judicial decision-making is not a ministerial act subject to mandamus.
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Matter of Jelen v. Munoz
Second Department denies Article 78 prohibition petition seeking to bar judge from presiding over pending action, reaffirming extraordinary high bar for writs of prohibition.
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Matter of Ivan C. Jr. (Ivan C.)
Second Department affirms dismissal of child protective petition where child’s testimony contained central inconsistencies rendering it incredible as a matter of law.
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Matter of Allstate Fire & Casualty Insurance Co. v. Alas
Second Department reverses and permanently stays uninsured motorist arbitration where insured failed to timely report hit-and-run accident as required by policy.
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Local Union No. 3 International Brotherhood of Electrical Workers v. Centennial Elevator Industries, Inc.
Second Department affirms default confirmation of arbitration award despite death of respondent’s counsel, holding bare allegations of fraud and bias insufficient to show meritorious defense under CPLR 7511.
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Lederman v. Lederman
Second Department affirms contempt finding and over $200,000 in child support arrears against husband who willfully defaulted on pendente lite support order during divorce proceeding.
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Layout, Inc. v. Heavy Metal Corp.
Second Department reverses summary judgment for property owner in mechanic’s lien foreclosure, finding triable issues about amounts owed in multi-tier construction contract chain.