New York Appellate Division

Miller v. State of New York - Judicial Mandatory Retirement Age

The New York Appellate Division ruled on the constitutionality of mandatory judicial retirement ages following the state's Equal Rights Amendment. The court affirmed that existing mandatory retirement laws for judges remain in effect, despite the amendment's inclusion of age as a protected category.

Anonymous v. Anonymous - Family Law Appeal

The Appellate Division of the Supreme Court of New York affirmed a lower court's order requiring a plaintiff to pay all of his children's educational expenses and awarding the defendant $40,000 in counsel fees. The court also affirmed a subsequent finding of contempt against the plaintiff for failing to comply with the prior order.

People v. Streeks - NY Appellate Division Opinion

The New York Appellate Division affirmed a judgment convicting Paul Streeks of manslaughter in the first degree. The court found that Streeks' appeal of his sentence was foreclosed by his waiver of the right to appeal as part of his plea agreement.

Josey v. New York City Dept. of Fin. - Court Opinion

The Appellate Division of the Supreme Court of the State of New York reviewed a lower court's decision regarding a speed camera violation. The court confirmed the determination of the New York City Department of Finance Parking Violations Bureau, denying the petition to annul the $50 penalty.

Gopstein v. Vad - Court Opinion

The Appellate Division of the Supreme Court of the State of New York affirmed a lower court's decision denying, in part, a motion for summary judgment in the case of Gopstein v. Vad. The court found that the plaintiff raised a triable issue of fact regarding whether the defendant deviated from the standard of care in treating a spinal injury.

Matter of Hurckes - Attorney Disciplinary Proceedings

The Appellate Division of the Supreme Court of the State of New York issued a legal opinion regarding attorney Michael Alexander Hurckes. The court is considering reciprocal discipline based on an emergency suspension order from the Supreme Court of Florida due to findings of great public harm. The Attorney Grievance Committee seeks to impose reciprocal interim suspension or other appropriate discipline.

New Empire Bldr. Corp. v. Onboard Hospitality LLC - Appellate Decision

The Appellate Division of the Supreme Court of the State of New York affirmed an order denying a motion to strike a defendant's answer and impose discovery sanctions. The court found that while the defendant was slow to respond to discovery, the plaintiff also lacked diligence in prosecuting the action.

People v. Vella - Criminal Conviction Appeal

The Appellate Division of the Supreme Court of New York affirmed a judgment convicting Dylan K. Vella of murder in the second degree and other crimes. The defendant appealed the sentence, but his appeal waiver foreclosed review of the sentence's severity.

7-Eleven, Inc. v. Town of Oyster Bay - Administrative Law

The Appellate Division of the Supreme Court of the State of New York affirmed a lower court's decision denying a petition to review a determination by the Town Board of the Town of Oyster Bay. The Town Board had denied 7-Eleven's application for a special use permit, site plan approval, and modification of covenants and restrictions for a gas station and convenience store.

Kurtanidze v. Fasino - Personal Injury Appeal

The Appellate Division of the Supreme Court of New York reversed a lower court's decision, denying a motion for summary judgment in a personal injury case. The court found that the plaintiff's opposition papers should have been considered despite a technical defect in filing.