Article 10 Confinement Upheld Where Cognitive Distortions and Repeated Supervision Failures Show “Serious Difficulty” and “Inability” to Control Sexual Conduct 1. Introduction Matter of State of New...
Attendance Is Not Enough: Failure to Benefit from Services and Persistent Domestic Violence Justify Permanent Neglect Findings and Denial of a Suspended Judgment 1. Introduction Matter of Macayla N....
Revocation of a Suspended Judgment Turns on Demonstrated Remedial Progress (Not Technical Compliance) and Judicial-Bias Claims Must Be Preserved by a Recusal Motion Matter of Ahnna N. (Rosa N.), 2025...
Custody Modification Based on Parent–Child Relationship Breakdown; Parental Alienation Requires Proof, and Therapeutic Parenting Time May Bridge Reunification Introduction In Matter of David JJ. v...
Matter of A.T. (T.T.): Sibling Cross-Corroboration of Child Hearsay and Burden-Shifting on Reasonable-Efforts Waiver After Aggravated Circumstances Court: Appellate Division, Third Department...
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...
Conclusive “Blue Book” Value Testimony Is Insufficient to Prove a Stolen Vehicle Exceeded $3,000 for Third-Degree Criminal Possession of Stolen Property 1. Introduction In People v Szurgot (2025 NY...
People v. Manganiello: Compelled Biometric Phone Unlocking Is Testimonial Under the Fifth Amendment (and Its Fruits Must Be Suppressed) Court: Appellate Division of the Supreme Court, New York,...
People v. Dean: Trial Courts May Assess Case Facts When Deciding “Extraordinary Circumstances” for Expert-Fund Requests Under County Law § 722-c, and Misstated Statutory-Subdivision Jury Charges...
People v. Marsh: Miranda Waiver Invalid Where Police Do Not Administer or Ensure Reading of Warnings Court: Appellate Division, Fourth Department Citation: 2025 NY Slip Op 03874 (239 AD3d 1382) Date:...
People v. Rhynes: Life-Threatening Decompensation Can Sustain “Excited Utterance” Admission of Identification Statements Despite Delay and Police Questioning Introduction In People v Rhynes (2025 NY...
People v. Alcaraz-Ubiles: Minimal Prior Contacts Do Not Qualify a Photo ID as “Merely Confirmatory” Without a Strong Showing of Familiarity 1. Introduction In People v Alcaraz-Ubiles (2025 NY Slip Op...
Safety-Compliance Clauses Do Not Create Labor Law “Statutory Agent” Status; CPLR 3126 Sanctions Require Willful Nondisclosure; Scaffold-Ladder Falls Present Fact Issues Under §§ 240(1) and 241(6) 1....
People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches Introduction In People v. Martin, 2025 NY Slip Op 03842 (App. Div. 3d Dep’t June 26, 2025), the Third Department confronted a...
The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions 1. Introduction 1900 Capital Trust II v. Jakobovitz (2025 NY Slip Op...