Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale Introduction...
Article 78 Limitations in Mandatory Property-Tax Exemption Challenges Accrue on Final Assessment Roll Dates (Not Exemption Denials) 1. Introduction In Matter of North E. Expansion Dev., Corp. v...
Lost-Time Overpayment Recoupment: State Finance Law § 200 Authorizes Payroll Deductions Without a Pre-Deprivation Hearing When Amount and Liability Are Undisputed 1. Introduction Matter of Spence v...
Goldstein v. Berenbaum: Conflicting Causation Experts (and Literature) Defeat Summary Judgment in Chiropractic Stroke/Dissection Claims 1. Introduction Goldstein v Berenbaum (2025 NY Slip Op 04216...
Florida Vehicular Homicide Deemed Essentially Similar to New York Second-Degree Manslaughter for Automatic Disbarment 1. Introduction Matter of Dorfman (2025 NY Slip Op 04218 [243 AD3d 74] [1st Dept...
People v. Gibson: No Brady/Rosario Violation for Destroyed Grand Jury Minutes Outside the People’s Control; Justification Unavailable for Penal Law § 265.03(3) 1. Introduction In People v Gibson...
New York Must Provide IDEA FAPE Through the Day Before a Student’s 22nd Birthday When State-Funded Adult Education Qualifies as “Public Education” Case: Matter of Mahopac Cent. Sch. Dist. v. New York...
Automatic Disbarment for Federal Wire Fraud and Money Laundering Based on “Essential Similarity” to New York Fraud and Larceny; Effective Nunc Pro Tunc to the Guilty Plea 1. Introduction Matter of...
IDEA Eligibility in New York Extends to the Day Before a Student’s 22nd Birthday Where Adult Education Is Available 1. Introduction Matter of Katonah-Lewisboro Union Free Sch. Dist. v New York State...
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...
Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...
USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....
School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...
Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....
Breakdown in Parental Communication as a Change in Circumstances—and Discretionary Limits on Child Forensic Evaluations in Custody Modifications Introduction Matter of Kelly AA. v. Christopher AA....
Dias v. Town of Ulster: Prescriptive Drainage Easements Require a Reasonably Specific Flow Path; Public-Safety Equities Can Defeat Injunctive Relief 1. Introduction Case: Dias v Town of Ulster, 2025...
“Maintain” Means Enforce: Nursing Home Liability for a Single Employee Breach of an Infection Control Program (10 NYCRR 415.19; Public Health Law § 12) Matter of RSRNC, LLC v McDonald, 2025 NY Slip...