New York Appellate Terms

People v. Del Rosario-Martinez - Criminal Conviction Appeal

The Appellate Term of the Supreme Court of New York affirmed a conviction for driving while impaired and leaving the scene of an incident. The court found the verdict was not against the weight of the evidence, upholding the lower court's judgment.

People v. Del Rosario-Martinez - DWI and Leaving Scene Conviction Affirmed

The Appellate Term of the Supreme Court of New York affirmed a conviction for driving while impaired and leaving the scene of an incident. The court found the verdict was not against the weight of the evidence and rejected arguments based on new evidence not presented at trial.

Harmonized Acupuncture v. MVAIC - No-Fault Benefits Dispute

The Appellate Term of the Supreme Court of New York reversed a lower court's decision, granting summary judgment to MVAIC and dismissing a provider's claim for assigned first-party no-fault benefits. The court found the provider failed to establish compliance with the statutory requirement of timely filing a notice of claim with MVAIC.

People v. Zeigler (Nalik) - Criminal Procedure

The Appellate Term of the Supreme Court of New York reversed a conviction for driving while impaired against Nalik Zeigler. The court found that the People's certificate of compliance was invalid due to a lack of due diligence in fulfilling discovery obligations, vacating the plea and dismissing the information.

People v. Adams (Selvin) - Criminal Procedure

The Appellate Term of the Supreme Court of New York reversed a conviction for harassment in the second degree against Selvin Adams. The court granted the defendant's speedy trial motion, vacating the plea and dismissing the accusatory instrument due to the People's failure to exercise due diligence in disclosure.

Demianchuk v. Nostrand Photo Lab Inc. - Wage Dispute

The Appellate Term of the Supreme Court of New York modified a lower court's judgment in Demianchuk v. Nostrand Photo Lab Inc., increasing the plaintiff's awarded damages from $916.55 to $9,926.55. The court found the employer failed to pay minimum wage, improperly deducted wages, and violated notice requirements under Labor Law sections 195 and 198.

New Century Fin. Servs. v. Rickenbacker - Default Judgment Appeal

The Appellate Term of the Supreme Court of New York affirmed a lower court's denial of a motion to vacate a default judgment. The court found that the defendant failed to establish lack of personal jurisdiction or provide a sufficient excuse for the default.

Demianchuk v Nostrand Photo Lab Inc. - Wage Dispute

The Appellate Term of the Supreme Court of New York modified a lower court's judgment in Demianchuk v. Nostrand Photo Lab Inc., increasing the plaintiff's awarded damages from $916.55 to $9,926.55. The court found the employer failed to pay minimum wage and violated Labor Law notification requirements.