New York Law Watch
Administrative Law: 2026 decisions
Agency determinations and judicial review belong here, including Law Watch decisions on administrative hearings, licensing and the limits of agency authority.
School governance, funding and student rights are grouped here, including Law Watch decisions involving school districts, universities and educational agencies.
Access to government records is the subject of this collection, including Law Watch decisions on FOIL requests, exemptions and challenges to withheld documents.
For Administrative Law, 2026 decisions, Law Watch lists 61 indexable decisions dated February 26, 2026 to November 12, 2026 across 13 decision weeks.
78 decision records: 61 meet the substance floor; 17 records are held from search listings.
Week ending November 14, 2026
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- Matter of Pasinkoff v New York State & Local Retirement Sys.2026 NY Slip Op 06599
The court affirmed the dismissal of the petition, holding that the Comptroller’s determination was supported by substantial evidence and not irrational or unreasonable. The agency reasonably interpreted the statutes to set the petitioner’s contribution cessation date at the effective date of his transfer from a tier 6 to tier 4 membership, rather than his initial enrollment date.
- Matter of Falu v Metropolitan Transp. Auth.2026 NY Slip Op 06571
The Appellate Division affirmed the dismissal of the petition as time-barred because the petitioner commenced the proceeding nearly one year after the final administrative determination. The court held that the determination was final and binding, and the dismissal was proper despite the petitioner’s arguments regarding the merits of his disciplinary suspension.
- Matter of Anonymous v Trustees of Columbia Univ. in the City of N.Y.2026 NY Slip Op 06549
The Appellate Division affirmed the dismissal of the petition as time-barred because the university’s email stating admissions decisions were final constituted an unambiguously final decision. The court found that the petitioner failed to commence the proceeding within the statutory four-month period and did not demonstrate fraud to justify equitable estoppel.
Week ending November 7, 2026
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- Matter of Doe v Ithaca City Sch. Dist.2026 NY Slip Op 06507
The court affirmed the dismissal of the petition because the petitioner failed to exhaust available administrative remedies by discontinuing her appeals to the Commissioner of Education. The court rejected the petitioner’s arguments that administrative review would be futile or cause irreparable injury, noting that the Commissioner had the authority to stay the exclusion and that homeschooling was an alternative.
- Matter of Waldin v City of Cohoes2026 NY Slip Op 06501
The court affirmed the dismissal of the petition, holding that the city code’s requirement for the highest negotiated annual percentage increase did not apply to a one-time salary chart restructuring. Consequently, the petitioners were only entitled to the 4% annual increase granted to the animal control officer, not the 7.01% increase resulting from the restructuring.
- Matter of Clancy v New York State Dept. of Motor Vehs.2026 NY Slip Op 06499
The court held that a driver’s license revocation hearing did not violate due process when the arresting officer testified via audio-only telephone rather than video. The court found that the petitioner had the opportunity to cross-examine the witness and that the administrative burden of requiring video access outweighed the minimal risk of erroneous deprivation.
- Matter of Groovy Vibes, LLC v New York City Sheriff’s Office2026 NY Slip Op 06523
The Appellate Division reversed the lower court’s award of attorneys’ fees because the petitioner failed to assert any substantial federal constitutional claim in its CPLR article 78 petition. Since the petitioner only raised federal arguments after judgment in support of the fee motion, the court lacked authority to award fees under 42 USC § 1988.
- Matter of Davis v Oddo2026 NY Slip Op 06522
The Appellate Division affirmed the dismissal of the petition because documentary evidence proved the landlord had filed the required gas piping inspection certification, rendering the Department of Buildings’ decision not to enforce the law neither arbitrary nor capricious. The court also upheld the denial of discovery regarding the document’s metadata, finding the petitioner failed to demonstrate unusual circumstances or an ample need for such disclosure.
- Matter of Puccio v Department of Educ. of City of New York2026 NY Slip Op 06444
The petitioner did not acquire tenure by estoppel because his employment was terminated within the four-year probationary period, as summer employment does not extend the calendar year calculation. The Department of Education’s decision to terminate the petitioner was not arbitrary and capricious, and the petitioner failed to prove the termination was done in bad faith or for illegal reasons.
- Matter of DePasquale v New York City Employees’ Retirement Sys.2026 NY Slip Op 06437
The Appellate Division affirmed the lower court’s judgment annulling the Board of Trustees’ denial of World Trade Center disability retirement benefits. The court found that the Medical Board’s determination was arbitrary and capricious because it lacked a rational basis and failed to rebut the statutory presumption of causation.
- Matter of 245 Sullivan Ave, LLC v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06432
The court affirmed the denial of the petition, finding that DHCR’s determination that the building was not substantially rehabilitated was rationally based and not arbitrary. The court also held that the agency did not improperly deviate from precedent and that the petitioner received due process.
Week ending October 31, 2026
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- Maisto v State of New York2026 NY Slip Op 06365
The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.
- Matter of Nin v Rosado2026 NY Slip Op 06362
The appeal was dismissed as moot because the passage of more than four years since the petitioner’s separation caused his basic training certification to expire by operation of law. Consequently, no relief could be granted to restore his certification or reinstate his status on the central registry.
- Matter of Connolly v City of New York2026 NY Slip Op 06383
The court affirmed the denial of leave to file a late notice of claim because the petitioner failed to prove the City had actual knowledge of the essential facts of his claim or that the City was not prejudiced by the delay. Additionally, the petitioner failed to provide a reasonable excuse for the delay, as his claim of incapacity was contradicted by his own affidavit.
- Matter of D’Aleo v Arlington Cent. Sch. Dist.2026 NY Slip Op 06302
The Appellate Division affirmed the dismissal of the petition, finding that the hearing officer’s determination sustaining charges of misconduct and insubordination was rational and supported by evidence. The court held that the penalty of termination was not disproportionate to the offense and did not shock the sense of fairness.
- Matter of Hellman Elec. LLC v City of New York2026 NY Slip Op 06246
The DOT’s renewal of the contract without a specific fair-and-reasonable price determination was not arbitrary and capricious because the regulation only requires such a determination if applicable. The court found the DOT’s interpretation that the requirement applies only when there was no initial competitive bidding process to be rational.
Week ending October 24, 2026
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- Matter of Pirov v Caban2026 NY Slip Op 06225
The Board of Trustees’ denial of accidental disability retirement benefits was supported by substantial credible evidence because the officer’s injury resulted from a risk inherent in his regular job duties rather than an accident. The court found it rational to conclude that the officer could have reasonably anticipated encountering uneven pavement while responding to emergencies.
- Matter of Griffon Green, LLC v New York State Cannabis Control Bd.2026 NY Slip Op 06188
The court held that the Office of Cannabis Management’s determination to deem the petitioner’s application void was arbitrary and capricious because the delay was inadvertent and caused no prejudice to the respondents. The court reversed the lower court’s judgment, reinstated the application, and remitted the matter for further proceedings.
- Mury v Fashion Inst. of Tech.2026 NY Slip Op 06204
The court affirmed the dismissal of the plenary action because the plaintiff’s claims were duplicative of the pending article 78 proceeding, which is the exclusive forum for challenging educational disciplinary determinations. The appellate court further held that the plaintiff’s failure to raise specific arguments on appeal regarding the merits of her claims resulted in those claims being deemed abandoned.
- Matter of Debnam v Metropolitan Transp. Auth.2026 NY Slip Op 06196
The Appellate Division affirmed the dismissal of the petition because the petitioner failed to exhaust administrative remedies by not properly submitting FOIL requests through the MTA’s designated channels. Additionally, the motion for default judgment was properly denied because it was filed while the MTA’s cross-motion to dismiss was still pending.
- Matter of Madaio v New York City Employees’ Retirement Sys.2026 NY Slip Op 06120
The Appellate Division affirmed the lower court’s decision to annul the denial of accidental disability retirement benefits, finding that the Board of Trustees’ determination was arbitrary and capricious. The court held that there was no rational basis for concluding that slipping on grease was a risk inherent in the work or a reasonably anticipated event.
- Matter of Lindo v Ponte2026 NY Slip Op 06118
The Appellate Division affirmed the dismissal of the CPLR article 78 proceeding, finding that the Administrative Law Judge was properly designated in writing as required by Civil Service Law § 75(2). The court determined that the 2012 letter from the DOC Commissioner designating OATH judges was sufficient to establish the ALJ’s jurisdiction.
- Matter of Troise v Marchiano2026 NY Slip Op 06079
The court affirmed the denial of a petition to annul an OATH determination, holding that mandamus is not appropriate to compel the processing of document requests in a specific manner when the agency’s redirection of requests and added requirements constitute discretionary acts rather than ministerial duties. The court found that OATH’s decision to require submissions to a dedicated email address and proof of entitlement was supported by a rational basis and was not arbitrary or capricious.
- Matter of Patterson v City of New York2026 NY Slip Op 06068
The Supreme Court properly denied the petitioner’s motion to renew because he failed to present new evidence that would alter the prior dismissal of his article 78 petition. A finding by another court that the petitioner resigned rather than was terminated does not constitute new evidence sufficient to change the outcome of the prior decisions.
Week ending October 17, 2026
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- Matter of Aron Law, PLLC v Town of Hempstead2026 NY Slip Op 05951
The Appellate Division affirmed the dismissal of the petition because the petitioner failed to exhaust administrative remedies. The petitioner initiated the proceeding before the Town had issued a final determination on the FOIL request, and the petitioner did not appeal the Town’s subsequent response.
- Matter of Aron Law, PLLC v Town of Hempstead2026 NY Slip Op 05950
The court held that the petitioner exhausted administrative remedies because the Town failed to timely respond to the FOIL appeal, and the petitioner substantially prevailed, entitling them to an award of attorneys’ fees and litigation costs. The branch of the petition seeking to compel production of records was properly dismissed as moot because the Town had already produced all responsive documents during the pendency of the proceeding.
Week ending October 10, 2026
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- Matter of Cvetkovic v New York State Dept. of Health2026 NY Slip Op 05886
The court affirmed the Department of Health’s determination that an agency is not required to sua sponte evaluate an applicant for an undue hardship waiver if not requested, and that the waiver’s effective date is limited to three months prior to the application date. The court further held that the agency’s failure to send specific notices did not violate due process because the petitioner suffered no prejudice and had the opportunity to present evidence.
- Matter of Rivicci v New York City Fire Dept.2026 NY Slip Op 05792
The Appellate Division reversed the lower court’s judgment, holding that the denial of the firefighter’s request for a religious accommodation from the vaccine mandate was not arbitrary or capricious because it would cause an undue hardship. The court further determined that the City’s process satisfied the cooperative dialogue requirements of the New York City Human Rights Law.
- Matter of Group US Mgt. LLC v James2026 NY Slip Op 05754
The court affirmed the denial of a petition to quash a non-judicial subpoena, finding that the requested documents concerning out-of-state restaurants bore a reasonable relationship to the investigation due to the petitioner’s use of New York-based entities and addresses. The Attorney General was authorized to enforce state consumer protection laws on behalf of out-of-state residents where New York addresses were used to facilitate deceptive transactions.
- Matter of Local 621, S.E.I.U. v New York City Dept. of Corr.2026 NY Slip Op 05731
The Appellate Division affirmed the annulment of the DOC’s determination but modified the judgment to deny the award of costs and attorneys’ fees. The court held that such fees are not authorized in a CPLR article 78 proceeding absent a specific statutory or contractual provision.
- Matter of 251 W. 74 Owners Corp. v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 05711
The Appellate Division reversed the lower court’s grant of the petition, holding that the petitioner lacked third-party standing because it failed to demonstrate that the sponsor could not challenge the rent reduction order itself. Additionally, the court found no due process violation because the managing agent’s address was properly listed in DHCR records and designated for service.
Week ending October 3, 2026
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- Matter of Antonetti v City of Rochester2026 NY Slip Op 05624
The court annulled the termination of the petitioner’s employment because the hearing officer lacked jurisdiction due to the absence of a written delegation of authority. Additionally, the final decision-maker was required to recuse herself from the process after initiating charges and testifying at the hearing.
- Agway Energy Servs., LLC v Central Hudson Gas & Elec. Corp.2026 NY Slip Op 05621
The court held that the Public Service Commission has primary jurisdiction over the plaintiff’s claims regarding billing procedures and EDI protocols. However, the lower court abused its discretion by dismissing the complaint without prejudice instead of staying the action, as the plaintiff sought monetary damages subject to the statute of limitations.
- Matter of Knights v City Univ. of N.Y.2026 NY Slip Op 05599
The court affirmed the dismissal of the petition because it was time-barred under the four-month statute of limitations. Additionally, the termination claims were barred by res judicata, and the decision not to interview the petitioner was not arbitrary or capricious.
- Matter of Aberbach v New York State Dept. of Corr. & Community Supervision2026 NY Slip Op 05592
The court affirmed the denial of the petitioner’s motion to vacate a DOCCS determination, holding that judicial review of agency action following remittal is available only through a new Article 78 proceeding. The court rejected the argument that the original proceeding could be used to review new agency action taken after remittal.
- Matter of Meyer v Nassau County Police Dept.2026 NY Slip Op 05537
The Appellate Division modified the lower court’s award of attorneys’ fees, finding that the reduction to $12,000 was an improvident exercise of discretion. The court awarded $34,690.50, excluding fees for time spent on fee collection, based on the reasonable value of services rendered in the FOIL proceeding.
- Matter of Garnet Health Med. Ctr. v People2026 NY Slip Op 05529
The court affirmed the denial of the petition to quash the Attorney General’s subpoena, finding that the requested documents were reasonably related to the investigation into the hospital’s toxicology testing policies. The court further held that the Office of the Attorney General qualified as a health oversight agency under HIPAA, thereby permitting the disclosure of patient records.
- Matter of New York Civ. Liberties Union v New York State Off. of Ct. Admin.2026 NY Slip Op 05467
The Office of Court Administration failed to demonstrate the existence of an attorney-client relationship between its Counsel’s Office and all Unified Court System judges to justify withholding documents under FOIL. The court affirmed the lower court’s order compelling the disclosure of the 22 records submitted for in camera review.
Week ending September 26, 2026
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- Matter of Sheehan v Schroeder2026 NY Slip Op 05449
The Appellate Division confirmed the DMV’s revocation of the petitioner’s driver’s license, finding that the administrative determination was supported by substantial evidence despite the dismissal of the underlying criminal charges. The court held that the administrative license revocation process is independent of the criminal proceeding and that the ALJ’s denial of cross-examination and adjournment requests did not violate due process.
- Matter of Barletta v Martuscello2026 NY Slip Op 05445
The court held that while the request for the 2021 misbehavior report was moot, the petitioner substantially prevailed in the proceeding and is entitled to have the matter remitted for a determination of statutory litigation costs. The lower court’s dismissal of the fee request was reversed because the agency failed to respond within the statutory time and the petitioner obtained the requested documents.
- Murphy v Gallegos2026 NY Slip Op 05404
The court affirmed the dismissal of the complaint, holding that the defendants established prima facie that the police officer did not act with reckless disregard for the safety of others. The officer’s slow and cautious maneuvering, despite a momentary lapse in judgment, did not meet the high threshold for reckless disregard required for liability under Vehicle and Traffic Law § 1104(e).
- Matter of Landa v Rockland County2026 NY Slip Op 05398
The court reversed the lower court’s dismissal, holding that the County’s failure to respond to the administrative appeal within the statutory time limit constituted a constructive denial, thereby satisfying the exhaustion of administrative remedies. The matter was remitted for an in camera inspection to determine if the withheld records were properly exempt from disclosure under FOIL.
Week ending September 19, 2026
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- Matter of Lorenz v DiNapoli2026 NY Slip Op 05360
The court confirmed the denial of World Trade Center accidental disability retirement benefits, finding that the respondent’s determination was supported by substantial evidence. The court held that the petitioner failed to prove he was permanently incapacitated from performing his job duties, relying on the opinion of the system’s psychiatrist over the petitioner’s psychologist.
- Matter of Reid v Gardner2026 NY Slip Op 05356
The court confirmed the denial of the petitioner’s applications for performance of duty and accidental disability retirement benefits because he failed to prove he was permanently incapacitated from performing his light duty work. The medical evidence, including testimony from a neurologist and reports from other specialists, contradicted the petitioner’s claims of permanent disability.
- Matter of Zimbardi v Incorporated Vil. of Manorhaven2026 NY Slip Op 05314
The Appellate Division affirmed the lower court’s order granting back pay because the Village failed to demonstrate that the petitioner was in privity with parties to a prior proceeding. Consequently, the doctrines of res judicata and collateral estoppel did not bar the petitioner’s claim for back pay, entitlements, and benefits.
- Matter of Salvatore v South Country Cent. Sch. Dist.2026 NY Slip Op 05311
The Appellate Division affirmed the denial of the petition to vacate the hearing officer’s determination, finding that the termination of the teaching assistant’s employment was supported by evidence and not arbitrary or capricious. The court held that the penalty was not disproportionate to the misconduct, which involved posting a racially inflammatory message on social media.
- Matter of Newsday, LLC v County of Nassau2026 NY Slip Op 05310
The court held that the County failed to provide particularized justification for denying disclosure of cybersecurity contract details and past public calendars, requiring an in camera inspection to determine redactions. The judgment was modified to direct the production of unredacted records for inspection and remitted the matter for a new determination on fees.
- Matter of McCracken v Whinnery2026 NY Slip Op 05309
The court modified the lower court’s judgment by deleting the provision directing retroactive benefits, affirming the annulment of the Board’s denial, and remitting the matter for new medical findings. The Medical Board failed to adequately explain its reasoning regarding the petitioner’s ability to perform specific job duties, and the record remained unclear on whether he was permanently incapacitated.
- Matter of Dopkin v County of Nassau2026 NY Slip Op 05307
The Commission’s determination was arbitrary and capricious because it failed to provide a factual basis for reaching a different result than it did for similarly situated candidates. The court annulled the determination and remitted the matter for the Commission to articulate reasons for its decision.
Week ending September 5, 2026
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- Matter of Starna v New York City Fire Dept.2026 NY Slip Op 05187
The Appellate Division reversed the money judgment awarding attorneys’ fees because such fees are not recoverable in CPLR article 78 proceedings unless authorized by agreement, statute, or court rule. The court determined that the lower court improperly awarded fees in the absence of such authorization.
- Matter of Kupi v Schroeder2026 NY Slip Op 05186
The court confirmed the Department of Motor Vehicles’ determination to revoke the petitioner’s driver license, finding that the administrative record contained substantial evidence supporting the finding that the petitioner refused to submit to a chemical test. The court held that the reviewing court could not substitute its judgment for that of the agency because the evidence, including officer testimony and the petitioner’s failure to testify, demonstrated reasonable grounds for the arrest and the refusal.
- Matter of Ceasar v New York City Employees’ Retirement Sys.2026 NY Slip Op 05183
The Appellate Division reversed the lower court’s award of attorneys’ fees because such awards in CPLR article 78 proceedings require authorization by agreement, statute, or court rule. Additionally, the court found that any sanction for frivolous conduct was improper because the respondents were not afforded a reasonable opportunity to be heard before the sanctions were imposed.
- Matter of 826 Marcy Ave., LLC v State of N.Y. Div. of Hous. & Community Renewal2026 NY Slip Op 05180
The court affirmed the lower court’s dismissal of the CPLR article 78 proceeding, finding that the DHCR’s denial of the rent stabilization exemption was supported by a rational basis. The agency’s determination was not arbitrary and capricious because the petitioner failed to demonstrate that the building was substantially rehabilitated as required by the operational bulletin.
- Board of Educ. of the Lawrence Union Free Sch. Dist. v Incorporated Vil. of Cedarhurst2026 NY Slip Op 05154
The petitioners lacked standing to challenge the village’s SEQRA determination because their alleged injuries were either economic, shared by the public at large, or too speculative. Consequently, the lower court’s dismissal of the petition was affirmed, though the procedural mechanism was corrected to a declaratory judgment.
Week ending July 25, 2026
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- Matter of Evans v Martuscello2026 NY Slip Op 04723
The Appellate Division confirmed the disciplinary determination, finding it supported by substantial evidence including video and the petitioner’s statements. The court held that the petitioner failed to exhaust administrative remedies regarding due process claims about the hearing officer’s ex parte actions, and that the failure to have the nurse endorse the report was harmless.
- Bushley v New York State Thruway Auth.2026 NY Slip Op 04686
The court held that the reckless disregard standard of care under Vehicle and Traffic Law § 1103(b) did not apply because the snowplow driver was traveling between parts of his route on a road he was not responsible for plowing. Consequently, the driver was found negligent for making an illegal right turn on red, and judgment on liability was granted in favor of the claimant.
- Matter of Enders v Erie County Dept. of Social Servs.2026 NY Slip Op 04660
The court affirmed the lower court’s denial of the petition to dismiss for failure to exhaust administrative remedies, finding that the exhaustion rule is subject to exceptions when administrative processes are futile due to time constraints. The court determined that the petitioner was not obligated to wait for a scheduled fair hearing to seek judicial assistance for immediate temporary housing assistance.
- Matter of Spencer v City of Fulton2026 NY Slip Op 04633
The court confirmed the City’s determination denying the retired firefighter’s application for benefits, finding it supported by substantial evidence. The court held that the Hearing Officer was entitled to weigh conflicting medical evidence and assess witness credibility, particularly regarding the preexisting nature of the injuries.
Week ending March 21, 2026
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- Matter of Tomei v McDonald252 AD3d 228
The court confirmed the Commissioner of Health’s denial of reimbursement for out-of-pocket personal care expenses because 18 NYCRR 360-7.5 limits reimbursement to errors or delays in eligibility determinations, not failures to provide authorized services. The agency’s interpretation was rational and consistent with the plain language of the regulation, which does not cover service delivery shortages.
Week ending February 28, 2026
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- J. Doe 1 v Trustees of Columbia Univ. in the City of N.Y.89 Misc 3d 1094
The court held that Columbia University’s disciplinary determinations were arbitrary and capricious because they relied on sealed arrest records, which are inadmissible under CPL 160.50 and 160.60, to establish the students’ presence in Hamilton Hall. Additionally, the court found that even if the arrest evidence were admissible, the record lacked sufficient evidence of individual conduct to support several of the charged violations.
- Frasier v Niagara Mohawk Power Corp.252 AD3d 154
The court reversed the lower court’s stay and referral to the Public Service Commission, holding that the primary jurisdiction doctrine did not apply because the claims were common-law torts requiring judicial determination of duty and causation. The PSC’s regulatory standards set only a minimum safety floor and do not dispositive the specific duty of care regarding stray voltage’s impact on cattle.
Also decided
- Matter of Center for Jud. Accountability, Inc. v New York State Commn. on Legislative, Jud. & Exec. Compensation 2026 NY Slip Op 06495 November 5, 2026
- Matter of Ayngorn v New York City Dept. of Educ. 2026 NY Slip Op 06381 October 29, 2026
- Matter of Perry v Monaco 2026 NY Slip Op 06031 October 15, 2026
- Matter of Rivicci v New York City Fire Dept. 2026 NY Slip Op 05791 October 7, 2026
- Matter of Loehr v Durand 2026 NY Slip Op 05637 October 2, 2026
- Matter of Zhang v Feiner 2026 NY Slip Op 05545 September 30, 2026
- Matter of Harge v Lewis 2026 NY Slip Op 05476 September 29, 2026
- Matter of Black v Thompson 2026 NY Slip Op 05468 September 29, 2026
- Matter of Kopald v Town of Highlands N.Y. 2026 NY Slip Op 05394 September 23, 2026
- Matter of Berg 2026 NY Slip Op 04730 July 24, 2026
- Matter of M.M. v New York State Dept. of Health 2026 NY Slip Op 04707 July 24, 2026
- Matter of Sandlers v Martuscello 90 Misc 3d 256 April 6, 2026
- P.P.S. v C.J.G. 89 Misc 3d 1154 March 6, 2026
- GUERRERO v MARTUSCELLO 252 AD3d 54 March 5, 2026
- DISABILITY RIGHTS NY v STATE 252 AD3d 161 February 26, 2026
- Matter of Russell v Town of Mount Pleasant 45 NY3d 677 February 19, 2026
- D.G. v Rodriguez 89 Misc 3d 988 February 10, 2026