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  • Commentaries
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New York Case Commentaries

People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

Date: Oct 25, 2025
People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3) Court: New York Court of Appeals Citation:...
Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability

Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability

Date: Oct 25, 2025
Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability Case: 1995 CAM LLC v. West Side Advisors, LLC, 2025 NY Slip Op 05782 (N.Y....
Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights

Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights

Date: Oct 25, 2025
Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights Introduction In Matter of K.Y.Z....
No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

Date: Oct 25, 2025
No Blanket Attorney‑Client Privilege for OCA‑to‑Judge Guidance Under FOIL: Document‑Specific Showing Required Introduction In Matter of New York Civil Liberties Union v. New York State Office of...
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Date: Oct 24, 2025
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records Matter of Wagner v. New York City Department of Education, 2025 NY Slip Op...
Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas

Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas

Date: Oct 24, 2025
Kon v. Maginley-Liddie: New York Judges Must Make and Explain Individualized Flight-Risk Findings Before Remand; Noncompliance Is Reversible on Habeas Introduction In People ex rel. Kon v. Lynelle...
SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts

SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts

Date: Oct 24, 2025
SanMiguel v. Grimaldi: Extending Sheppard‑Mobley to Lack‑of‑Informed‑Consent and Reaffirming New York’s Bar on Purely Emotional Damages in Live‑Birth Prenatal Torts Court: New York Court of Appeals...
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

Date: Oct 18, 2025
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections Introduction In County of Onondaga v....
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Date: Oct 18, 2025
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite Case: People v. Callara, 2025 NY Slip Op 05739 (N.Y. Ct. App. Oct. 16, 2025) Author: Troutman, J.;...
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

Date: Oct 18, 2025
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40 Introduction In People v. Everson, 2025 NY Slip Op 05738 (N.Y. Oct. 16, 2025), the New York...
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Date: Oct 18, 2025
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications Matter of Babcock v. Village of Walton (2025 NY Slip Op 05734, App Div, Third Dept) Introduction In Matter...
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Date: Oct 18, 2025
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations Introduction In Matter of Gina P. (Shannon O.), 2025 NY Slip Op 05726...
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Date: Oct 18, 2025
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations Introduction In Matter of Mackenzie OO....
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Date: Oct 18, 2025
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised Introduction In Matter of N'Thai N. (Mali N.), 2025 NY...
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Date: Oct 18, 2025
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar Introduction In Matter...
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Date: Oct 18, 2025
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii) Case: Matter of Weiner v. New York State Bd. for Professional Med....
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

Date: Oct 18, 2025
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit Case: People v. Grandoit, 2025 NY Slip Op 05720...
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

Date: Oct 18, 2025
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy Court: Appellate Division, Third Department, New York...
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Date: Oct 18, 2025
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted Introduction People v. Siciliano, 2025 NY Slip...
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Date: Oct 18, 2025
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved Introduction...
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