New York Law Watch
Week ending February 14, 2026
8 decision records: 3 meet the substance floor; 5 records are held from search listings.
Decision dates in this week run from February 10, 2026 to February 13, 2026, from 4 courts.
By court
Appellate Division, First Department
- People v Croney251 AD3d 168
The court held that a defendant has a right to appeal a prehearing dismissal of a DVSJA resentencing application under CPL 440.47. However, the court affirmed the dismissal because the defendant failed to meet his evidentiary burden to establish a temporal nexus between the domestic abuse and the underlying offense.
- Matter of Shen251 AD3d 65
The court sustained charges of commingling client funds, bookkeeping failures, and false statements, while dismissing a charge regarding failure to consult due to lack of actual knowledge. The court imposed a public censure, finding the misconduct nonvenal and mitigated by the attorney’s self-reporting and lack of client harm.
Trial courts
- ENS Med., P.C. v Nationwide Ins. Co.89 Misc 3d 1044
The court held that no-fault arbitration has subject matter jurisdiction over disputes regarding lost earnings incurred by health service providers when attending examinations under oath (EUOs) demanded by insurers. However, the court confirmed the master arbitration award because the arbitrators’ denial of the claim was not irrational, arbitrary, or capricious, and ordered the American Arbitration Association to modify its arbitration request form to accommodate such claims.
Also decided
- Normile v DB Ins. Co., Ltd. 252 AD3d 136 February 11, 2026
- Matter of Yeung v Assessor of the Vil. of Great Neck Estates 252 AD3d 120 February 11, 2026
- Matter of Johnson 251 AD3d 140 February 11, 2026
- D.G. v Rodriguez 89 Misc 3d 988 February 10, 2026
- Matter of Zareh 251 AD3d 73 February 10, 2026
Published February 14, 2026. Updated November 14, 2026.