New York Law Watch
Appellate Division, Third Department: decisions in 2026
The Third Department sits in Albany and hears appeals from twenty-eight upstate counties, together with appeals from the Workers’ Compensation Board, the Unemployment Insurance Appeal Board and state agency determinations transferred to it. Attorney discipline for its district is also decided here.
For Appellate Division, Third Department, decisions in 2026, Law Watch lists 158 indexable decisions dated February 5, 2026 to November 12, 2026 across 16 decision weeks.
224 decision records: 158 meet the substance floor; 66 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Shujing Wang)2026 NY Slip Op 06611
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that she satisfied the requisite character and fitness standards. The court further found that reinstatement would be in the public interest, ordering her reinstatement effective immediately.
- In the Matter of the Estate of David Howansky, Deceased. Timothy Howansky, Appellant; David Howansky Jr. et al., Respondents, et al., Respondent.2026 NY Slip Op 06604
The appeal is dismissed as moot because the successor executor resigned and an independent fiduciary was appointed, rendering the challenge to the appointment without practical consequences. Additionally, the petitioner is not an aggrieved party regarding the will’s probate because he consented to its admission.
- Cisario v Abele Tractor & Equip. Co., Inc.2026 NY Slip Op 06603
The Appellate Division affirmed the denial of the Town’s motion to dismiss because the record was insufficient to determine if the written notice provided to a highway department employee satisfied the statutory requirement of notice to the town clerk or superintendent of highways. The court found that discovery was necessary to clarify the internal forwarding of the notice and the functional equivalent of the abolished superintendent position.
- Matter of Miles v New York City Tr. Auth.2026 NY Slip Op 06602
The Workers’ Compensation Board’s disallowance of the claimant’s right wrist occupational disease claim was supported by substantial evidence because the medical opinions relied upon were not based on an understanding of the claimant’s relevant medical history. Consequently, there was a dearth of credible medical proof establishing a causal link between the distinctive feature of his occupation and the right wrist condition.
- Matter of Hahnenfeld v Good Samaritan Hosp.2026 NY Slip Op 06601
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s request to amend her claim to include Long COVID, finding substantial evidence supported the determination that she failed to prove a causal connection between her April 2020 work-related infection and her later symptoms. The court noted that the claimant’s second, non-work-related infection and preexisting conditions complicated the medical evidence regarding causality.
- Matter of Zero Waste Ithaca v Ithaca City Planning & Dev. Bd.2026 NY Slip Op 06600
The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the planning board’s issuance of a negative declaration under SEQRA was not arbitrary or capricious. The court determined that the board adequately identified pertinent areas of environmental concern and took a hard look at the evidence regarding synthetic turf risks.
- 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 Bailey v Caledonia Mumford Cent. Sch. Dist.2026 NY Slip Op 06598
The court affirmed the denial of workers’ compensation benefits because the claimant failed to provide timely written notice of her injury to the employer. The Board’s determination that the employer was prejudiced by the delay and lacked adequate knowledge of the work-related injury was supported by the record.
- Matter of Scott E. v Annette D.2026 NY Slip Op 06597
The Appellate Division affirmed the Family Court’s award of primary physical custody to the father, finding that the mother’s relocation and the breakdown of the parties’ informal agreement constituted a change in circumstances. The court determined that the father provided a more stable environment given the mother’s ongoing struggle with alcoholism and her failure to disclose her relocation.
- People v Hart2026 NY Slip Op 06595
The court affirmed the conviction, determining that the defendant knowingly, voluntarily, and intelligently waived his right to appeal through a combined oral and written waiver. Consequently, the defendant’s challenges to the severity of the sentence and fine were precluded, while his plea voluntariness claims were deemed unpreserved.
- People v Ellis2026 NY Slip Op 06594
The appellate court affirmed the conviction, determining that the defendant’s appeal waiver was valid and voluntary despite being discussed after the plea. The court further held that the defendant’s unpreserved challenges to the voluntariness of the plea and the constitutionality of the statute were properly barred from review.
- People v Morrison2026 NY Slip Op 06593
The court affirmed the defendant’s convictions for second-degree murder and related offenses, finding that the weight of the evidence supported the jury’s rejection of the mental disease or defect defense. The court also determined that the trial court did not err in refusing to instruct the jury on justification and that the defendant’s claims of ineffective assistance of counsel were without merit.
- People v Tyndale2026 NY Slip Op 06592
The court affirmed the conviction, holding that the defendant’s combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary. Consequently, the defendant’s challenge to the severity of his sentence was precluded, while his competency and ineffective assistance claims were deemed unpreserved for review.
- People v Titus2026 NY Slip Op 06591
The court affirmed the judgment, holding that the defendant’s challenges to the order of protection were unpreserved for appellate review because he failed to raise them at sentencing. Additionally, the court declined to exercise its interest of justice jurisdiction because the order of protection was an agreed-upon term of the plea agreement.
- People v Valdes-Pica2026 NY Slip Op 06589
The appellate court affirmed the conviction, determining that the defendant’s valid appeal waiver precluded his challenge to the severity of the enhanced sentence. Additionally, the court found the defendant’s claim that his guilty plea was not knowingly and voluntarily made was unpreserved because he failed to pursue it in a postallocution motion.
- People v Mulverhill2026 NY Slip Op 06588
The court reversed the judgment and ordered a new trial because the trial court improperly denied for-cause challenges to prospective jurors who expressed bias based on the number of charges. The court found that the jurors were not adequately rehabilitated, and the defendant’s exhaustion of peremptory challenges rendered the error reversible.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- Matter of Protect the Adirondacks! Inc. v New York State Dept. of Envtl. Conservation2026 NY Slip Op 06497
The court affirmed the dismissal of the petition, holding that the Master Plan and Unit Management Plan do not impose a nondiscretionary duty on the Department of Environmental Conservation to conduct a carrying capacity study. Because the relevant provisions are aspirational rather than mandatory, mandamus relief is unavailable to compel the agency’s exercise of professional judgment.
- Matter of Lerner2026 NY Slip Op 06516
The court granted David A. Lerner’s application to resign from the New York bar for nondisciplinary reasons. His name was stricken from the roll of attorneys and he was ordered to desist from the practice of law in the State of New York.
- Matter of Wagner2026 NY Slip Op 06512
The court granted the attorney’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, the attorney’s name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the state.
- Matter of Moy2026 NY Slip Op 06510
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons. Consequently, his name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the state.
- Matter of Mack v Martuscello2026 NY Slip Op 06508
The court confirmed the disciplinary determination finding the petitioner guilty of making false statements and obstructing visibility, as substantial evidence supported the guilt. The court held that Correction Law § 138 (7) does not shield an incarcerated individual from being charged in a misbehavior report for intentionally filing a false misconduct report.
- 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 Devaughn v Malark2026 NY Slip Op 06506
The court confirmed the disciplinary determination finding the petitioner guilty of smuggling and possessing a weapon, as supported by substantial evidence. The court also rejected the petitioner’s claim that his hearing representative was improperly removed, noting his disruptive conduct justified the decision.
- Rosenthal v State of New York2026 NY Slip Op 06504
The court held that a whistleblower retaliation claim under Civil Service Law § 75-b may be based on a government’s passive inaction rather than affirmative misconduct, reversing the dismissal of that claim. The court affirmed the dismissal of the defamation claim as untimely and the due process claim due to the availability of adequate alternative remedies.
- Matter of Facciolo (Commissioner of Labor)2026 NY Slip Op 06503
The court withheld decision and remitted the matter to the Unemployment Insurance Appeal Board because the Board failed to address whether the claimant’s September 2023 filing constituted a valid original claim. The court determined that the Board was required to make explicit findings on this issue rather than dismissing it as not properly before it.
- Doe v Roe2026 NY Slip Op 06502
The court affirmed the dismissal of the complaint, holding that the defendant retained her Washington domicile while attending college in New York, thus precluding general jurisdiction. Additionally, the court found that the defendant’s academic activities did not constitute the continuous commercial presence required for general jurisdiction, and the defamation claim was excluded from specific jurisdiction under the long-arm statute.
- 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.
- Sinagra v Costello2026 NY Slip Op 06500
The court affirmed the dismissal of the defamation complaint, determining that the challenged statements by town officials were protected expressions of opinion rather than actionable assertions of fact. The court found that the remarks were not reasonably susceptible of a defamatory meaning and did not imply undisclosed facts detrimental to the plaintiff.
- 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.
- Deutsche Bank Trust Company Americas, as Trustee, Appellant, v Marie Leis et al., Defendants.2026 NY Slip Op 06498
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a dismissal for abandonment, finding that the plaintiff failed to demonstrate a reasonable excuse for its prolonged delay. The court held that the plaintiff’s lack of factual allegations regarding the cause of the default and the subsequent six-year inactivity precluded relief under CPLR 5015(a)(1).
- Matter of Raissi v Entertainment Partners2026 NY Slip Op 06496
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s application for reconsideration and full Board review. The court determined that the claimant failed to demonstrate newly discovered evidence or a material change in condition, rendering the denial not arbitrary or capricious.
- People v Dones2026 NY Slip Op 06494
The Appellate Division affirmed the revocation of probation and imposition of concurrent four-year prison terms, finding the sentence not harsh or excessive. The court noted that the defendant had been previously warned of incarceration for a second violation and had fled from a traffic stop.
- People v Baublitz2026 NY Slip Op 06493
The appellate court affirmed the convictions for burglary in the first degree and attempted robbery in the second degree, finding the verdict supported by legally sufficient evidence and not against the weight of the evidence. The court also held that the trial court did not abuse its discretion in denying a missing witness charge and that the defendant received meaningful representation.
- People v Grugan2026 NY Slip Op 06492
The appellate court affirmed the conviction for predatory sexual assault against a child, finding that the evidence was legally sufficient and not against the weight of the evidence to establish the element of oral sexual conduct. The court also declined to modify the sentence of 15 years to life in prison, determining it was not unduly harsh or severe.
- People v Wilson2026 NY Slip Op 06491
The court affirmed the convictions, finding that the evidence sufficiently proved the defendant was the driver of the vehicle and that the DWI charges were not inclusory concurrent counts of the vehicular assault charges. The court also rejected the defendant’s weight of the evidence challenge and his claims regarding the suppression of pre-Miranda statements.
- People v Herbert2026 NY Slip Op 06490
The court affirmed the conviction, finding that the accomplice testimony was sufficiently corroborated by phone records and physical evidence to establish constructive possession of the drugs. Additionally, the court held that the trial court did not err in admitting the phone records under Molineux or in denying the defendant’s CPL 440.10 motion without appointing counsel.
- People v Jacobs2026 NY Slip Op 06489
The court affirmed the judgment, finding that the defendant’s admission of a probation violation was knowing, voluntary, and intelligent. The appellate court determined that the defendant’s claim of coercion was conclusory and unsupported by the record, which showed she acted freely after consulting with counsel.
- People v Crawley2026 NY Slip Op 06488
The appellate court affirmed the judgment, finding that the evidence was sufficient to support the convictions for aggravated driving while intoxicated and related offenses, and that the warrantless arrest and vehicle search were supported by probable cause. The court further determined that the testimony regarding field sobriety tests was admissible as part of the narrative of events leading to the arrest.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- Matter of Treseder2026 NY Slip Op 06376
The court granted the attorney’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, her name was stricken from the roll of attorneys and she was commanded to desist from the practice of law in the state.
- Matter of Tingwei2026 NY Slip Op 06374
The court suspended the respondent for three years, finding that her federal felony conviction for health care fraud constituted a serious crime that raised grave concerns about her character and fitness to practice law. The court rejected arguments that the misconduct was less significant because it occurred prior to admission or outside the practice of law, emphasizing the need to protect the public and maintain professional integrity.
- Wilmington Savings Fund Society, FSB, as Trustee, v Helena Laurino, Also Known as Helena T. Laurino, Appellant, et al., Defendants.2026 NY Slip Op 06371
The Appellate Division affirmed the judgment of foreclosure and sale, finding no abuse of discretion in the lower court’s denial of the defendant’s motion to vacate the default judgment due to insufficient proof of a reasonable excuse. The court further upheld the confirmation of the referee’s report, rejecting the defendant’s challenges to the evidence and calculations as unsupported by admissible record evidence.
- Matter of Bruck v Town of Rochester Planning Bd.2026 NY Slip Op 06370
The Planning Board did not act arbitrarily or capriciously in granting site plan approval for a modified project because the changes were in substantial conformance with the original conceptual plan. The Board was authorized to adopt the Town Board’s parking determinations without referring the matter to the Zoning Board of Appeals or Code Enforcement Officer.
- Matter of McDonell v CJ Banach Inc.2026 NY Slip Op 06369
The Board lacked discretion to excuse the carrier’s failure to serve the pre-hearing conference statement because the governing rule mandates waiver of defenses absent a showing of good cause and good faith. The carrier’s defenses were properly waived because it failed to provide the required affidavit demonstrating that the error was due to good cause and that it exercised due diligence.
- Matter of Andrew II. v Gail JJ.2026 NY Slip Op 06368
The Appellate Division affirmed the Family Court’s order modifying custody to implement a graduated schedule for overnight visits and maintaining travel restrictions. The court found that the father’s inconsistent parenting and transportation issues provided a sound basis for requiring demonstrated reliability before expanding his access to the child.
- Seneca Lake Guardian, Inc. v Seneca Meadows, Inc.2026 NY Slip Op 06367
The court affirmed the dismissal of claims against the Department of Environmental Conservation, finding that the Green Amendment does not impose a ministerial duty to enforce regulations and that the request for an injunction was not ripe. The court also affirmed the dismissal of the public nuisance claim due to a lack of special injury but allowed the private nuisance claim to proceed.
- Seneca Ins. Co. Inc. v Cobleskill Enter., LLP2026 NY Slip Op 06366
The court granted summary judgment to the insurer, declaring it not obligated to cover the fire because the insured breached the policy’s protective safeguards endorsement by failing to maintain operational smoke detectors in common areas. The court also dismissed the insurer’s fraud and negligent misrepresentation claims against the broker, finding no fiduciary duty and unreasonable reliance, and dismissed the insured’s third-party claims against the broker as moot.
- 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.
- Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd.2026 NY Slip Op 06364
The Appellate Division affirmed the dismissal of the complaint, holding that the state’s use of funds to finance cannabis dispensaries does not conflict with the federal Controlled Substances Act. The court determined that the state law does not create a physical impossibility of compliance with federal law nor obstruct Congress’s objectives, as it does not require individuals to engage in federally prohibited conduct.
- Matter of Jeffrey O. v Casey Q.2026 NY Slip Op 06363
The court affirmed the Family Court’s sua sponte dismissal of the violation petition, holding that the order was appealable as of right because it was dispositional. The dismissal was proper because the petition’s allegations were either moot, duplicative of pending matters, or failed to allege violations of the order of protection.
- 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.
- People v Albert D.2026 NY Slip Op 06361
The court affirmed the denial of the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act because he failed to establish a temporal nexus between the childhood abuse he suffered and the offense committed decades later. Additionally, the court found that the alleged recent abuse by his spouse did not constitute substantial abuse as required by the statute.
- People v Hart2026 NY Slip Op 06360
The court held that the defendant’s kidnapping conviction merged with his assault conviction because the restraint and the underlying crime occurred simultaneously as part of a single, uninterrupted episode. Consequently, the kidnapping conviction was reversed and dismissed, while the remaining convictions and sentences were affirmed.
- People v Bradford2026 NY Slip Op 06359
The appellate court affirmed the convictions and sentences, finding that the trial court properly admitted evidence to establish the time frames of the abuse and did not commit reversible error in limiting cross-examination regarding the victims’ credibility. The court further determined that the sentences were not unduly harsh and the orders of protection were appropriately issued.
- People v Franklin2026 NY Slip Op 06358
The court affirmed the conviction and sentence, holding that the defendant’s constitutional challenge to his mandatory persistent violent felony offender status was unpreserved because he did not contest his criminal history during the plea colloquy. The court declined to exercise its interest of justice jurisdiction to review the unpreserved issue.
- People v Perry2026 NY Slip Op 06357
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding that the evidence of the defendant’s knowledge and control of the firearm was legally sufficient and supported by the weight of the evidence. The court also upheld the suppression court’s finding that police had reasonable suspicion to stop the vehicle based on the defendant’s illegal U-turn and flight from the scene of a shooting.
- People v Smith2026 NY Slip Op 06356
The court affirmed the defendant’s convictions for attempted murder and robbery, finding the evidence sufficient in weight and rejecting the suppression of GPS ankle monitor data due to the parolee’s reduced expectation of privacy. However, the court vacated the conviction for attempted murder in the second degree as an inclusory concurrent count of the first-degree charge.
- People v Hampton2026 NY Slip Op 06355
The court held that the defendant’s waiver of the right to appeal was invalid because it did not clearly advise that the right to pursue collateral relief survived. Consequently, the court reviewed the sentence for severity but affirmed the judgment, finding the sentence not unduly harsh given it ran concurrently with a longer unrelated sentence.
- People v Hassett2026 NY Slip Op 06354
The court affirmed the convictions for criminal obstruction of breathing, aggravated criminal contempt, and first-degree criminal contempt, finding the evidence sufficient and the trial court’s denial of the defendant’s request for self-representation proper. The court also rejected claims of ineffective assistance of counsel and improper admission of evidence regarding the defendant’s attempts to lift the order of protection.
- People v Gilyard2026 NY Slip Op 06353
The appellate court affirmed the conviction and sentence, determining that the defendant’s unchallenged waiver of the right to appeal precluded his Eighth Amendment and youthful offender status challenges. Additionally, the court declined to exercise its power to take corrective action because the defendant failed to preserve his claims regarding the indictment’s jurisdictional defect and the facial constitutionality of the statute.
- People v Camp-Potter2026 NY Slip Op 06352
The court affirmed the denial of the defendant’s motion to suppress evidence, finding that the defendant voluntarily consented to the officers’ entry into his motel room. The appellate court deferred to the trial court’s credibility determination, concluding that the totality of circumstances supported the finding of voluntary consent despite the presence of multiple officers.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- Matter of Campaign for Accountability (Sarcone-Attorney Grievance Comm. for the Third Jud. Dept.)2026 NY Slip Op 06192
The court held that a presumptive First Amendment right of access attaches to the adjudicatory dispositions of attorney grievance committees, requiring their disclosure upon a showing of good cause. However, the court determined that no such right attaches to investigatory documents or internal work product, which remain confidential unless traditional good cause is established.
- U.S. Bank N.A. v Sukljian2026 NY Slip Op 06191
The court reversed the grant of summary judgment because the plaintiff failed to establish standing as the holder of the note at the time the action was commenced. Specifically, the plaintiff did not provide evidence that the allonges containing the necessary endorsements were firmly affixed to the note when the lawsuit began.
- Matter of Iris YY. (Jasmine WW.-David XX.)2026 NY Slip Op 06190
The Appellate Division affirmed the termination of the mother’s parental rights, finding that she violated the terms of her suspended judgment by failing to maintain consistent visitation, engage in mental health counseling, and keep a safe residence. The court determined that the Family Court’s credibility determinations were supported by a sound and substantial basis in the record.
- Janof v Auto Warehouse2026 NY Slip Op 06189
The court reversed the judgment and ordered a new trial because the verdict sheet was internally inconsistent, as it allowed the jury to find the airbag design was not reasonably safe but that the manufacturer was not negligent in selecting that same design. The court determined that separate interrogatories for strict products liability and negligent design were redundant given the substantial factual overlap between the claims.
- 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.
- Brew v Brew2026 NY Slip Op 06187
The court reversed the lower court’s grant of partial summary judgment, finding that the plaintiff raised a triable issue of fact regarding whether the defendants’ construction of a new roof and driveway constituted artificial means that diverted surface water onto the plaintiff’s property. The court determined that the creation of over 1,000 square feet of new impervious surface was sufficient to challenge the defendants’ claim that no artificial diversion occurred.
- Matter of Zechariah F. (Marcella F.)2026 NY Slip Op 06186
The court affirmed the Family Court’s adjudication of neglect and abuse based on the mother’s federal guilty plea admissions, rejecting her claim of ineffective assistance of counsel. The matter was remitted solely to clarify the lower court’s inconsistent order regarding the younger child’s derivative severe abuse.
- Atkins v Atkins2026 NY Slip Op 06185
The Appellate Division affirmed the equitable distribution of marital property, including a 22.5% share of a business interest and related payments, finding no abuse of discretion despite the trial court’s failure to articulate specific statutory factors. The court also upheld the denial of a tax credit to the husband and the imposition of a below-statutory interest rate on the distributive award.
- Matter of Frank CC. v Samantha BB.2026 NY Slip Op 06183
The Appellate Division affirmed the Family Court’s order modifying custody to grant the father primary physical custody, finding that the child’s exposure to domestic violence constituted a change in circumstances warranting a best interests review. The court determined that the mother’s instability and the father’s stable environment provided a sound and substantial basis for the modification.
- Four-Rosenbaum v Four-Rosenbaum2026 NY Slip Op 06182
The Supreme Court erred by analyzing the motion to limit child support arrears under Family Ct Act § 451 rather than Family Ct Act § 413 (1) (g), which prevents arrears from accruing if income is below the federal poverty guidelines. The matter was remitted for a hearing to determine if the statutory requirements for preventing arrears accrual were met.
- Matter of Jack CC. (Cassandra BB.)2026 NY Slip Op 06181
The appeals were dismissed as moot because the mother surrendered her parental rights, eliminating the live controversy. The court held that the exception to the mootness doctrine did not apply because the discovery issues did not typically evade appellate review.
- Matter of Matthew R. (Jaqueline R.)2026 NY Slip Op 06180
The Appellate Division affirmed the Family Court’s determination that the child was permanently neglected, finding that the petitioner made diligent efforts to reunify the family while the mother failed to plan for the child’s future. The court held that the mother’s challenge to the termination of parental rights was moot due to the child’s adoption, but the permanent neglect finding remained reviewable due to its significant stigma.
- Matter of Vera Y. v Joshua Y.2026 NY Slip Op 06179
The Appellate Division vacated the contempt finding and associated fine regarding the father’s failure to designate a pediatrician because the underlying court order was ambiguous. Additionally, the court reversed the child support award and remitted the matter for recalculation, finding that the father was denied due process when the Family Court entered the award despite assuring the parties it would refer the issue to a Support Magistrate.
- Riley v Daly2026 NY Slip Op 06178
The court reversed the lower court’s dismissal of the plaintiffs’ invasion of privacy claim and their cross-motion to set the boundary line by survey, finding that triable issues of fact existed regarding both the intent behind the surveillance cameras and the precise location of the boundary. The court affirmed the denial of the plaintiffs’ motion for summary judgment on the doctrine of practical location, as they failed to prove mutual acquiescence for the required period.
- Matter of Tammy Q. v Harold R.2026 NY Slip Op 06177
The Appellate Division affirmed the Family Court’s award of sole custody to the mother and denial of all forms of contact for the incarcerated father, finding that such contact was contrary to the child’s best interests. The court determined that the father’s violent crimes, long-term incarceration, and history of disregarding protection orders rebutted the presumption of visitation.
- People v Quick2026 NY Slip Op 06176
The court affirmed the conviction for criminal possession of a controlled substance in the fifth degree, finding that the evidence was sufficient to establish intent to sell. The court determined that possession of a substantial quantity of buprenorphine within a prison setting provided circumstantial proof of intent to sell, despite the absence of packaging materials.
- People v Bombard2026 NY Slip Op 06175
The court reversed the burglary conviction due to insufficient evidence proving the defendant had the intent to commit a crime at the moment of entry. It also ordered a new trial on the criminal trespass charge because the trial court erroneously precluded evidence of the defendant’s state of mind regarding permission to enter.
- People v Winston2026 NY Slip Op 06174
The court affirmed the convictions but modified the sentences, reducing the tampering sentence to 1 to 4 years and the possession sentence to 4.5 years in the interest of justice. The court found that the original maximum sentence was unduly harsh given the disparity with the codefendant’s sentence and the defendant’s acquittal on the intent to sell charge.
- People v Morrishaw2026 NY Slip Op 06173
The court affirmed the defendant’s convictions for promoting prison contraband and criminal possession of a weapon, finding that the evidence was legally sufficient and not against the weight of the evidence. The court also rejected the defendant’s arguments regarding the suppression of statements and the admission of prior bad acts evidence.
- People v McCoy2026 NY Slip Op 06172
The Appellate Division affirmed the sentence imposed on the defendant, finding it was not harsh and severe despite the disparity between the pretrial plea offer and the post-trial sentence. The court emphasized the defendant’s extensive criminal history, his failure to accept responsibility, and his disrespectful behavior during the prosecution as key factors justifying the sentence.
- People v McCoy2026 NY Slip Op 06171
The Appellate Division affirmed the sentence for criminal possession of a controlled substance in the third degree, finding it was not unduly harsh or severe. The court determined that the trial court properly considered all relevant factors, including the defendant’s criminal history and lack of accountability, despite the defendant’s arguments regarding trial deficiencies.
- People v Brown2026 NY Slip Op 06170
The court affirmed the convictions for burglary in the first degree and assault in the second degree, finding that the evidence was legally sufficient and supported by the weight of the evidence. The court also declined to correct the unpreserved challenge to the empanelment of an anonymous jury in the interest of justice.
- People v Anderson2026 NY Slip Op 06169
The court held that a trial judge’s off-the-record discussion with a juror regarding the instructions on deliberation constituted a nonministerial communication that violated the defendant’s right to be present. This violation constituted a mode of proceedings error mandating reversal of the convictions and a new trial, regardless of whether actual prejudice was shown.
Week ending October 17, 2026
Browse the week ending October 17, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (McErlane)2026 NY Slip Op 06057
The court granted the respondent’s motion for reinstatement to the practice of law after determining by clear and convincing evidence that she complied with the suspension order and possessed the requisite character and fitness. The court further found that reinstatement would be in the public interest, effective immediately.
- Wallkill Valley Land Trust, Inc. v Richards2026 NY Slip Op 06047
The Town of Gardiner is a necessary party to the third-party complaint because any judgment affecting the rail trail would encumber the Town’s fee ownership. Consequently, the third-party complaint must be dismissed due to the nonjoinder of this necessary party, and the defendant’s affirmative defenses are barred by res judicata resulting from the stipulation of discontinuance.
- Matter of Rendon v Cosan Constr. Corp.2026 NY Slip Op 06046
The Workers’ Compensation Board properly refused to consider new documentary evidence submitted on administrative appeal without a sworn affidavit explaining its unavailability at the hearing. The Board’s determination that the claimant’s neck, back, shoulder, ankle, and knee injuries were causally connected to the work-related fall was supported by substantial evidence.
- Matter of Brown v New York City Tr. Auth.2026 NY Slip Op 06045
The Appellate Division affirmed the Workers’ Compensation Board’s denial of benefits, finding that the claimant’s PTSD did not result from stress greater than that ordinarily encountered in his job as a station cleaner. The court determined that witnessing a platform accident and cleaning blood were within the scope of his expected duties, failing to meet the threshold for a compensable accidental injury.
- Matter of Greek v Dansville Cent. Sch. Dist.2026 NY Slip Op 06044
The Board did not abuse its discretion in denying the employer’s request to abate the claim due to the decedent’s death, as the record was sufficiently developed through surveillance video and medical records. Substantial evidence supported the Board’s determination that the decedent’s injuries and subsequent death arose out of and in the course of his employment.
- Matter of Buscemi v Prime Care Coordination2026 NY Slip Op 06043
The Board properly denied the claimant’s application for reopening or rehearing because the proffered medical letter was not accompanied by a required sworn supporting affidavit. Additionally, the Board properly denied the application for reconsideration as the claimant failed to demonstrate newly discovered evidence or a material change in condition.
- People v Roblee2026 NY Slip Op 06042
The court affirmed the conviction, determining that the defendant’s valid, knowing, and voluntary waiver of the right to appeal precluded his challenges to the sentence and the factual sufficiency of his plea. Additionally, the court held that a typographical error in the underlying order of protection did not constitute a nonwaivable jurisdictional defect that would survive the guilty plea.
- People v Hummel-Parker2026 NY Slip Op 06041
The court held that the defendant’s appeal waiver was invalid due to overbroad language that was not cured by the oral colloquy. However, the judgment was affirmed because the plea was voluntary and the enhanced sentence was not unduly harsh or severe.
- People v Banks2026 NY Slip Op 06040
The court affirmed the judgment, holding that the defendant’s appeal waiver was valid and that his plea was not involuntary due to an unfulfilled promise or ineffective assistance of counsel. The court found that the delay in sentencing did not constitute a broken promise and that the defendant received an advantageous plea despite counsel’s alleged errors regarding restitution and program timing.
- People v Rinzler2026 NY Slip Op 06039
The court affirmed the judgment, holding that the defendant’s guilty plea foreclosed his challenge to the sufficiency of the grand jury evidence. The court also determined that the indictment was not jurisdictionally defective because the counts incorporated the applicable statutory provisions.
- People v Downey2026 NY Slip Op 06038
The court held that the defendant did not validly waive his right to appeal due to overbroad language in the written waiver and a deficient oral colloquy. However, the court affirmed the sentence, finding it was not unduly harsh or severe given the nature of the crime.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- Matter of Kuznetsov2026 NY Slip Op 05843
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons. Consequently, his name was stricken from the roll of attorneys and he was ordered to desist from the practice of law in the state.
- In the Matter of Allan Baldwin Cruikshank Jr., an Attorney2026 NY Slip Op 05840
The court found the respondent attorney guilty of multiple violations of the Rules of Professional Conduct based on stipulated facts regarding neglect and failure to communicate. The court imposed a censure and required the attorney to submit semiannual lists of active cases to the court until further order.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Balden)2026 NY Slip Op 05839
The court granted the respondent’s motion for reinstatement to the practice of law, finding by clear and convincing evidence that he met the requisite character and fitness standards. However, the reinstatement is subject to the condition that the respondent file an amended biennial registration statement and provide proof of compliance within 60 days.
- Matter of Crawford v Martuscello2026 NY Slip Op 05838
The Appellate Division confirmed the disciplinary determination finding the petitioner guilty of possessing contraband and smuggling, as the record contained substantial evidence to support the finding. The court held that the Hearing Officer properly resolved credibility issues regarding the petitioner’s testimony concerning the possession and description of the items.
- Matter of Alston v Martuscello2026 NY Slip Op 05834
The court confirmed the disciplinary determination finding the petitioner guilty of smuggling and possessing contraband, as the evidence provided substantial support for the guilt finding. The court held that minor inconsistencies in documentation and the petitioner’s speculative claims regarding tampered property were credibility issues for the Hearing Officer to resolve.
- Matter of Castillo Gonzalez v Expo Concrete, LLC2026 NY Slip Op 05833
The Board’s refusal to address improper notice was not an abuse of discretion because the carrier failed to raise the issue or appeal the initial decision. The Board’s finding that the claimant did not violate Workers’ Compensation Law § 114-a was supported by substantial evidence, as the initial misrepresentation was not made to obtain benefits.
- Matter of New York State Police v Brian LL.2026 NY Slip Op 05832
The court reversed the lower court’s grant of an extreme risk protection order, holding that the petitioner failed to establish by clear and convincing evidence that the respondent was likely to engage in conduct resulting in serious harm. The court found the evidence of an implied threat to be equivocal and contradictory, particularly given the respondent’s explanation that his statements referred to future litigation rather than violence.
- Matter of Mulligan v Moy Constr. Corp.2026 NY Slip Op 05831
The Appellate Division affirmed the Workers’ Compensation Board’s decision establishing a causal relationship between the claimant’s heart attack and his employment, noting that the carrier’s untimely notice of controversy barred it from disputing the claimant’s evidence. The court held that the Board’s factual finding, based on credible medical evidence and witness testimony regarding physical exertion, was supported by the record.
- People v Duplessis2026 NY Slip Op 05830
The Appellate Division reversed the conviction and remitted for a new trial because the County Court’s denial of the Batson challenge at step three was unsupported by the record. The court found that the trial court failed to adequately assess the prosecutor’s credibility and that the race-neutral explanation regarding the juror’s communication abilities was contradicted by the record.
- People v McCullough2026 NY Slip Op 05828
The court affirmed the judgment, finding that the defendant’s waiver of the right to appeal was valid and precluded his challenge to the severity of his enhanced sentence. The appellate court determined that the oral colloquy and written form demonstrated the defendant knowingly, intelligently, and voluntarily waived his right to appeal.
- People v Allen2026 NY Slip Op 05827
The court held that probation conditions requiring the installation of an ignition interlock device are illegal when the conviction is based on drug use rather than an alcohol-related offense. Consequently, the court vacated the specific probation conditions mandating the device in this case.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Nebashi)2026 NY Slip Op 05589
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that the respondent complied with the suspension order and possesses the requisite character and fitness to practice law. The court further found that reinstatement would be in the public interest, thereby reinstating the respondent as an attorney and counselor-at-law effective immediately.
- Matter of Larson2026 NY Slip Op 05587
The court denied the attorney’s application for nondisciplinary resignation because she was currently suspended for failing to comply with registration obligations. The court held that reinstatement to practice is a necessary prerequisite for any future application for leave to resign for nondisciplinary reasons.
- In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Joseph Brantley Durrett III, Respondent.2026 NY Slip Op 05585
The court granted the respondent’s motion for reinstatement to the practice of law. The court determined by clear and convincing evidence that the respondent complied with suspension orders, possessed requisite character and fitness, and that reinstatement served the public interest.
- People ex rel. Elmore v McCarthy2026 NY Slip Op 05582
Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature. The court affirmed the dismissal of the petition because the petitioner’s jurisdictional challenge could have been raised in prior proceedings.
- Matter of Ashlee NN. v Todd OO.2026 NY Slip Op 05581
The Appellate Division affirmed the dismissal of the family offense petition, finding that the petitioner failed to meet her burden of proving harassment by a fair preponderance of the evidence. The court deferred to the Family Court’s credibility determinations and noted that the respondent’s admitted phone calls lacked sufficient context to establish the requisite offense.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05580
The Appellate Division affirmed the Family Court’s order suspending the father’s contact with the children and directing him to complete parenting classes and evaluations. The court found that the father’s persistent conduct, including involving the children in litigation and disparaging the mother, demonstrated that continued contact would be detrimental to the children’s welfare.
- Dougal v Kindlon2026 NY Slip Op 05579
The appeal is dismissed because no appealable paper exists, as the City Court’s oral decision was never reduced to a judgment or final order. The subsequent order denying a motion to compel judgment does not constitute a final judgment subject to appeal.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05578
The Appellate Division affirmed the Family Court’s dismissal of the father’s contempt petitions, finding he failed to prove by clear and convincing evidence that the mother violated the custody and visitation orders. The court determined the father’s testimony lacked specificity regarding missed visits and calls, and he did not demonstrate that the mother’s conduct intentionally impaired his rights.
- Cullinan v Cullinan2026 NY Slip Op 05577
The Appellate Division affirmed the Supreme Court’s unequal equitable distribution award and extended maintenance duration, finding that the husband’s use of marital income to acquire separate property created significant financial inequity. The court determined that the trial court did not abuse its discretion in deviating from standard guidelines to protect the wife’s financial interests given the disparity in resources and the husband’s financial planning.
- People v Maldonado2026 NY Slip Op 05574
The court affirmed the convictions for attempted murder in the second degree and criminal possession of a weapon in the second degree, finding the evidence legally sufficient and supported by the weight of the evidence. Although the admission of Molineux evidence regarding a prior shooting was error, the court deemed it harmless given the overwhelming other evidence of defendant’s identity and intent.
- People v Miller2026 NY Slip Op 05573
The court affirmed the conviction, holding that the People satisfied their disclosure obligations under CPL 245.20 by providing a summary of the detective’s disciplinary history rather than full files, as the omitted details did not tend to impeach credibility. Additionally, the court found that the defendant’s statements were voluntary despite the use of leg restraints, and that the trial court properly determined the defendant was competent to stand trial and correctly denied a missing witness charge.
- People v Whitmore2026 NY Slip Op 05572
The court affirmed the judgment, determining that the defendant’s waiver of the right to appeal was valid because it was knowingly, voluntarily, and intelligently executed through both oral colloquy and written agreement. Consequently, the defendant’s challenge to the harshness of his sentence was precluded by the valid appeal waiver.
- People v Christopher P.2026 NY Slip Op 05571
The court vacated the sentence for criminal possession of a weapon in the second degree because the lower court failed to make an on-the-record determination of the defendant’s eligibility for youthful offender status. The court affirmed the conviction for attempted robbery in the second degree, finding the plea voluntary and the sentence appropriate.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- Matter of Putterman2026 NY Slip Op 05454
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons and accepted her resignation. Consequently, her name was stricken from the roll of attorneys and she was ordered to desist from the practice of law in the state.
- Matter of Anonymous2026 NY Slip Op 05453
The court denied the applicant’s petition for admission to the bar, finding that his felony sexual offenses and subsequent conduct demonstrated substantial deficiencies in candor and judgment. The court concluded that the applicant failed to demonstrate the requisite character and general fitness to practice law.
- Matter of New York State Police v Owen WW.2026 NY Slip Op 05452
The Appellate Division reversed the lower court’s denial of an extreme risk protection order, holding that CPLR article 63-A does not require proof that the respondent threatened harm with a firearm or currently possesses one. The court determined that the statutory standard focuses on the likelihood of serious harm to self or others, and imposing a firearm-specific prerequisite was an erroneous legal standard that foreclosed the petitioner from presenting its proof.
- Matter of Carmela II. v Juan II.2026 NY Slip Op 05451
The Appellate Division affirmed the lower court’s determination that visitation with the grandmother was in the children’s best interests, but reversed the specific visitation schedule due to the passage of time. The matter was remitted to Family Court to establish a new, potentially graduated or supervised, visitation schedule to facilitate bonding.
- Matter of Coleman v Martuscello2026 NY Slip Op 05450
The court affirmed the dismissal of the petition, holding that the regulatory time limits for prison disciplinary hearings are directory rather than mandatory. Consequently, the petitioner failed to demonstrate the substantial prejudice required to annul the disciplinary determination based on the delay in the hearing.
- 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 Goldstein v Town of Niskayuna2026 NY Slip Op 05448
The court annulled the termination determination because the hearing officer failed to make sufficiently specific factual findings to permit meaningful review. The officer did not explain the basis for sustaining each specification of misconduct or resolve sharp factual disputes regarding the petitioner’s culpability.
- Castracane v Kasmier2026 NY Slip Op 05447
The court held that a release by an injured party does not preclude common-law indemnification claims against a settling tortfeasor, but such claims are unavailable where the non-settling parties are alleged to have committed their own independent acts of negligence. Because the defendants’ liability was based on their direct negligence rather than vicarious liability for the settler’s conduct, the cross-claims for common-law indemnification were properly dismissed.
- Matter of Devon YY. v James ZZ.2026 NY Slip Op 05446
The Appellate Division affirmed the Family Court’s order granting the father primary physical custody and final decision-making authority, finding that the mother’s repeated failures to return the child and unilateral changes to the child’s education and healthcare constituted a change in circumstances. The court determined that the best interests of the child were served by supervised visitation for the mother and that the mother failed to establish a family offense.
- 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.
- People v Thayer2026 NY Slip Op 05444
The court affirmed the vacatur of the conviction, finding that local counsel’s failure to disclose a private conversation with the judge’s law clerk created an actual conflict of interest that deprived the defendant of effective assistance of counsel. Consequently, the defendant’s waiver of the right to a jury trial was deemed invalid because it was not made with full knowledge of the information possessed by local counsel.
- People v Wilson2026 NY Slip Op 05443
The appellate court held that the lower court erred in denying the defendant’s speedy trial motion as untimely and remanded the case for a determination on whether the People’s certificate of compliance was proper. The court found the record inadequate to assess whether the prosecution exercised due diligence in disclosing oral statements made by the defendant at the sobriety checkpoint.
- People v Edmunds2026 NY Slip Op 05442
The court reversed the judgment and ordered a new trial because the trial court erred in denying a for-cause challenge to a prospective juror who made equivocal statements regarding her impartiality. The court found the evidence legally sufficient to support the conviction for menacing a police officer and upheld the validity of the waiver of indictment.
- People v Kent2026 NY Slip Op 05441
The court affirmed the conviction, holding that the trial court’s use of juror initials and numbers during voir dire was an unpreserved error that did not warrant the exercise of interest of justice jurisdiction. The court further rejected the ineffective assistance of counsel claim, finding that trial counsel’s failure to object to the procedure may have been a legitimate strategic decision to avoid alerting jurors to the deviation.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- Matter of Stein2026 NY Slip Op 05362
The court granted the Attorney Grievance Committee’s motion to discipline the respondent for misconduct committed in Tennessee, finding that the respondent waived affirmative defenses by failing to respond. The court imposed a seven-month suspension, citing aggravating factors including prior disciplinary history, failure to report out-of-state discipline, and biennial registration delinquency.
- Matter of Gellene2026 NY Slip Op 05361
The court suspended the respondent attorney for one year based on his established misconduct in New Jersey, which violated New York professional conduct rules. The court found that the respondent’s failure to respond to the motion waived his defenses and that his disregard for his professional obligations warranted suspension.
- 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 Alexander v New York City Dept. of Homeless Servs.2026 NY Slip Op 05358
The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant did not sustain a permanent total disability, finding that substantial evidence supported the conclusion that he was capable of performing sedentary work. The court also upheld the Board’s denial of the claimant’s application for reconsideration, determining that the claimant failed to demonstrate newly discovered evidence or a material change in condition.
- Matter of Rosario v William Carter Co.2026 NY Slip Op 05357
The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant sustained accidental injuries to her left foot and knee arising out of and in the course of her employment. The court found that substantial evidence, including surveillance video and medical testimony, supported the Board’s findings and its resolution of conflicting medical opinions.
- 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.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- Matter of Spinelli2026 NY Slip Op 05254
The court granted the attorney’s application for reinstatement to the New York bar, finding that she satisfied the required continuing legal education and character and fitness standards. Her name was restored to the roll of attorneys and counselors-at-law effective immediately.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Liu)2026 NY Slip Op 05251
The court granted the respondent’s motion for reinstatement to the practice of law after determining by clear and convincing evidence that they satisfied the requisite character, fitness, and public interest standards. The respondent was reinstated as an attorney and counselor-at-law effective immediately.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Kline)2026 NY Slip Op 05250
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that she satisfied the requisite character and fitness standards. The court further found that reinstatement would be in the public interest, ordering her reinstated as an attorney and counselor-at-law effective immediately.
- In the Matter of Joseph Derrick Lento, an Attorney2026 NY Slip Op 05249
The court granted the Attorney Grievance Committee’s motion to impose reciprocal discipline, finding that the respondent failed to establish any defenses against the imposition of discipline based on his misconduct in other jurisdictions. The court suspended the respondent for three years, citing aggravating factors such as a serious pattern of misconduct and failure to report prior discipline.
- In the Matter of Lora Erin Como, an Attorney2026 NY Slip Op 05247
The court granted the Attorney Grievance Committee’s motion for interim suspension because the respondent’s willful refusal to comply with lawful investigative demands constituted conduct immediately threatening the public interest. The court held that merely responding to the motion with an explanation was insufficient to rebut the allegations of noncompliance.
- Matter of Parkinson v Manhattan & Bronx Surface Tr. Operating Auth.2026 NY Slip Op 05246
The appeal is dismissed as moot because the Workers’ Compensation Board issued a new decision that amended and superseded the decision on appeal. The merits of the new decision are not reviewable in this appeal because it is not substantially similar to the one appealed.
- People v Stanley2026 NY Slip Op 05244
The court affirmed the conviction, finding that the People exercised due diligence in their discovery obligations despite the late disclosure of body-worn camera footage. The court also held that probable cause existed for the warrantless search of the defendant incident to her lawful arrest.
- Matter of Attorneys in Violation of Judiciary Law § 468-a2026 NY Slip Op 05248
The court granted the Attorney Grievance Committee’s motion to suspend the listed attorneys for failing to fulfill their biennial registration obligations under Judiciary Law § 468-a. The court held that such failure constitutes conduct prejudicial to the administration of justice and warrants immediate suspension until further order.
Week ending September 5, 2026
Browse the week ending September 5, 2026
- Matter of Reichenberg2026 NY Slip Op 05227
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons and accepted his resignation. Consequently, his name was stricken from the roll of attorneys and he was ordered to cease practicing law in the state.
- Matter of Matheson2026 NY Slip Op 05222
The court granted Daniel John Matheson’s application to resign from the New York bar for nondisciplinary reasons. His name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in New York.
- In the Matter of Zack Allen Clement, an Attorney2026 NY Slip Op 05220
The court granted Zack Allen Clement’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, his name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the State of New York.
- Matter of Loja-Saula v Cosan Constr. Corp.2026 NY Slip Op 05218
The Appellate Division affirmed the Workers’ Compensation Board’s determination that there was insufficient proof that the claimant violated Workers’ Compensation Law § 114-a by knowingly making false statements regarding prior injuries. The court held that the Board’s credibility determinations and factual findings, which found the carrier’s evidence inconclusive due to inconsistencies in identity and injury details, were supported by substantial evidence.
- Matter of Raymond R. (Raymond T.)2026 NY Slip Op 05217
The appeal is dismissed as moot because the subject child was discharged from the residential treatment program and turned eighteen years old during the pendency of the appeal. The court further denied the attorney for the child’s motion to compel production of the child as academic.
- People v Shawn A.2026 NY Slip Op 05216
The court held that a step one dismissal of a request to apply for resentencing under the Domestic Violence Survivors Justice Act is not appealable as of right because it does not constitute an order denying resentencing. The majority reasoned that the pre-application phase is distinct from the merits of the resentencing application and does not trigger the statutory right to appeal.
Week ending March 21, 2026
Browse the week ending March 21, 2026
- Matter of Cannabis v Hochul252 AD3d 235
The court held that New York’s cannabis regulations under the Marihuana Regulation and Taxation Act are not preempted by the federal Controlled Substances Act because they do not create a positive conflict or stand as an obstacle to federal objectives. The regulations merely regulate legitimate and illegitimate handling of marihuana without requiring conduct that violates federal law.
- 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 March 7, 2026
Browse the week ending March 7, 2026
- Matter of People v Commons West, LLC252 AD3d 190
The source-of-income discrimination law is facially unconstitutional because it indirectly compels landlords to consent to warrantless searches of their properties and records as a condition of participating in the Section 8 program. This requirement violates landlords’ Fourth Amendment rights, and a voluntary administrative policy does not cure the statute’s facial invalidity.
Week ending February 28, 2026
Browse the week ending February 28, 2026
- 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.
Week ending February 21, 2026
Browse the week ending February 21, 2026
- Ditech Fin. LLC v Temple252 AD3d 180
The Appellate Division held that a validly executed loan modification agreement de-accelerated the mortgage debt and reset the statute of limitations, rendering the subsequent foreclosure action timely. The court rejected the lower court’s reliance on res judicata and standing issues, finding that the agreement satisfied the writing requirements of General Obligations Law § 17-105 (1) to revive the lender’s right to sue.
Week ending February 7, 2026
Browse the week ending February 7, 2026
The court held that under Tax Law § 1111 (i) (B), the taxable base for long-term commercial vehicle leases with terminal rental adjustment clauses (TRAC) is the consideration actually contracted to be given, which includes lease-end adjustments. Consequently, a lessor is entitled to a credit for sales tax paid on provisional rent amounts that are later refunded to the lessee.
Also decided
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Stone) 2026 NY Slip Op 06610 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Hao Qiao) 2026 NY Slip Op 06609 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Phillips) 2026 NY Slip Op 06608 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Gerson) 2026 NY Slip Op 06607 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Filous) 2026 NY Slip Op 06606 November 12, 2026
- People ex rel. Best v Superintendent of Clinton Corr. Facility 2026 NY Slip Op 06605 November 12, 2026
- People v Noor 2026 NY Slip Op 06596 November 12, 2026
- People v Scott 2026 NY Slip Op 06590 November 12, 2026
- Matter of Rust 2026 NY Slip Op 06517 November 5, 2026
- Matter of Erceg 2026 NY Slip Op 06515 November 5, 2026
- Matter of Catalinotto 2026 NY Slip Op 06514 November 5, 2026
- Matter of Wilson 2026 NY Slip Op 06513 November 5, 2026
- Matter of Mullineaux 2026 NY Slip Op 06511 November 5, 2026
- Matter of Caruana 2026 NY Slip Op 06509 November 5, 2026
- Matter of Marshall-Gibson v Martuscello 2026 NY Slip Op 06505 November 5, 2026
- 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 Wilhelm 2026 NY Slip Op 06377 October 29, 2026
- Matter of Tobin 2026 NY Slip Op 06375 October 29, 2026
- Matter of Palmer 2026 NY Slip Op 06373 October 29, 2026
- In the Matter of Meredith Bennett McCutcheon, an Attorney 2026 NY Slip Op 06372 October 29, 2026
- Matter of Walter W. (Sabrina U.) 2026 NY Slip Op 06184 October 22, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Makuch) 2026 NY Slip Op 06056 October 15, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (DeSouza) 2026 NY Slip Op 06055 October 15, 2026
- Matter of Wray 2026 NY Slip Op 06054 October 15, 2026
- Matter of Mannix 2026 NY Slip Op 06053 October 15, 2026
- Matter of Cera 2026 NY Slip Op 06052 October 15, 2026
- Matter of Bohon 2026 NY Slip Op 06051 October 15, 2026
- Matter of Blomquist 2026 NY Slip Op 06050 October 15, 2026
- Matter of Schoep 2026 NY Slip Op 06049 October 15, 2026
- Matter of Coleman v Martuscello 2026 NY Slip Op 06048 October 15, 2026
- Matter of Watchman 2026 NY Slip Op 05846 October 8, 2026
- Matter of Ryan 2026 NY Slip Op 05845 October 8, 2026
- Matter of Rodnite 2026 NY Slip Op 05844 October 8, 2026
- Matter of Jones 2026 NY Slip Op 05842 October 8, 2026
- Matter of Grifoni-Waterman 2026 NY Slip Op 05841 October 8, 2026
- Matter of Stevenson v Martuscello 2026 NY Slip Op 05837 October 8, 2026
- Matter of Greenland v James 2026 NY Slip Op 05836 October 8, 2026
- People ex rel. Marshall v King 2026 NY Slip Op 05835 October 8, 2026
- People v Derusha 2026 NY Slip Op 05829 October 8, 2026
- In the Matter of Elizabeth Mary Opalka, an Attorney 2026 NY Slip Op 05590 October 1, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Lee) 2026 NY Slip Op 05588 October 1, 2026
- In the Matter of Daniel Joseph Hartle, an Attorney 2026 NY Slip Op 05586 October 1, 2026
- Matter of Roman 2026 NY Slip Op 05584 October 1, 2026
- Matter of Marsalese 2026 NY Slip Op 05583 October 1, 2026
- Matter of Keitt v Uhler 2026 NY Slip Op 05576 October 1, 2026
- People v Shaun Q. 2026 NY Slip Op 05575 October 1, 2026
- In the Matter of Diana Merrill Woodman, an Attorney 2026 NY Slip Op 05455 September 24, 2026
- Matter of Schachter (Commissioner of Labor) 2026 NY Slip Op 05359 September 17, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Waters) 2026 NY Slip Op 05253 September 10, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Shencopp) 2026 NY Slip Op 05252 September 10, 2026
- Matter of Ameenah H. (Zenobia H.) 2026 NY Slip Op 05245 September 10, 2026
- People v Jones 2026 NY Slip Op 05243 September 10, 2026
- Matter of Weisbard 2026 NY Slip Op 05229 September 3, 2026
- In the Matter of Kevin Patrick Shannon, an Attorney 2026 NY Slip Op 05228 September 3, 2026
- Matter of Capasso 2026 NY Slip Op 05226 September 3, 2026
- In the Matter of Abby Holland Walters, an Attorney 2026 NY Slip Op 05225 September 3, 2026
- Matter of Patel 2026 NY Slip Op 05224 September 3, 2026
- In the Matter of Susan Jeanine McCue, an Attorney 2026 NY Slip Op 05223 September 3, 2026
- In the Matter of Stephen Klar, an Attorney 2026 NY Slip Op 05221 September 3, 2026
- Matter of Cruz v Martuscello 2026 NY Slip Op 05219 September 3, 2026
- GUERRERO v MARTUSCELLO 252 AD3d 54 March 5, 2026
- DISABILITY RIGHTS NY v STATE 252 AD3d 161 February 26, 2026
- Matter of Guiden v Jose-Decker 252 AD3d 148 February 19, 2026
- DEITRICH v BINGHAMTON LLC 252 AD3d 43 February 5, 2026
- MTR OF BEELINE.COM v STATE 251 AD3d 143 January 15, 2026
- Deutsche Bank v LeTennier 251 AD3d 97 January 8, 2026