The Second Department modified a preliminary injunction enforcing a conservation easement in Amagansett, narrowing it to prohibit only vegetation removal that would violate the easement rather than all maintenance.
The Second Department affirmed denial of a motion to restore a foreclosure action, holding that the Foreclosure Abuse Prevention Act deemed the original action discontinued when a second action was commenced without leave of court.
The Second Department affirmed denial of a motion to vacate default dismissal of a mortgage discharge action, finding counsel’s claim of law office failure was mere neglect insufficient to establish a reasonable excuse.
The Second Department dismissed an appeal from a summary judgment order because the appellant failed to include the majority of the motion papers in the appellate record, making meaningful review impossible.
The Second Department affirmed dismissal of a trip-and-fall claim at a railroad station against the Town of Islip for lack of prior written notice and against the LIRR/MTA for lack of duty to maintain the area.
The Second Department affirmed a site plan approval, holding that the Planning Board’s role is limited to zoning compliance and does not extend to adjudicating private easement disputes between property owners.
The Second Department affirmed denial of a mother’s petition to modify custody and relocate the child from New York to Guyana, finding the child was thriving in the father’s stable care.
The Second Department affirmed denial of disability retirement benefits for a corrections officer, finding substantial evidence supported the Medical Board’s determination that the disability was caused by degenerative conditions rather than work-related injuries.
The Second Department reversed denial of special immigrant juvenile status findings, independently finding that the child’s reunification with her mother was not viable due to abandonment and return to El Salvador was not in her best interest.
The Second Department modified a custody order by striking a blanket prohibition on the father having visitors during parenting time, while affirming the award of primary residential custody to the mother.