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3 Mar 2015, 9:50 am
"It's really coming home for me," he said, "because 16 years ago, when I joined the public defender's office, I was assigned to the appellate division as a manager. [read post]
22 Mar 2011, 1:27 pm
New Jersey Dept. [read post]
11 Dec 2007, 3:38 am
1. [read post]
19 Jan 2011, 4:10 am
Denial of an Article 75 petition to vacate an arbitration award requires that the court confirm the awardMatter of Perilli v New York State Dept. of Correctional Servs., 2011 NY Slip Op 00229, Appellate Division, Second DepartmentJohn Perilli appealed an order of the Supreme Court that denied his Article 75 petition challenging an arbitration award. [read post]
8 Dec 2017, 12:07 pm
The Appellate Division, with two Justices dissenting, affirmed. [read post]
3 Oct 2010, 4:05 pm
The Appellate Division, Fourth Department has repeatedly recognized that the statutes (see Executive Law § 995 [7]; Penal Law § 60.35 [1] [a] [v])creating the DNA databank fee did not provide for the imposing of such fees for offenses committed prior to the effective dates of those statutes. [read post]
8 Dec 2017, 12:07 pm
The Appellate Division, with two Justices dissenting, affirmed. [read post]
10 Apr 2012, 3:06 am
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222]. [read post]
25 Jan 2016, 3:21 pm
"Finally, Justice Tom stated that the decisions of the First Department in this regard were contrary not only to the Court of Appeals, but also to the other three Departments of the Appellate Division, which have all found that questions of fact existed as to the adequacy of the safety device where the injured worker fell after receiving an electric shock (see Grogan v Norlite Corp., 282 A.D.2d 781 [3d Dept 2001]; Donovan v CNY Consol. [read post]
5 Jun 2012, 4:56 am
The Appellate Division unanimously reversed the Supreme Court’s action, commenting that it was acting “In the interest of justice, we nostra sponte* [in granting] DOE leave to appeal from the contempt order … which was "made in a proceeding against a body or officer pursuant to article 78" and therefore was not appealable as of right” (see CPLR 5701[b][1]). [read post]
24 Jun 2022, 9:04 pm
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [read post]
24 Jun 2022, 9:04 pm
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [read post]
3 Feb 2021, 5:27 am
Slip Op. 00170(2d Dept.,2021) the Appellate Division held that the father was not deprived of the effective assistance of counsel. [read post]
25 Jun 2018, 4:00 am
Petitioner then commenced an CPLR Article 78 proceeding challenging Justice Center's determination, which was transferred to the Appellate Division.Petitioner argued that the Justice Center was required to adopt the ALJ's recommended decision.* The Appellate Division held that Petitioner's argument was "without merit. [read post]
21 Nov 2016, 7:14 am
"Finally, Justice Tom stated that the decisions of the First Department in this regard were contrary not only to the Court of Appeals, but also to the other three Departments of the Appellate Division, which have all found that questions of fact existed as to the adequacy of the safety device where the injured worker fell after receiving an electric shock (see Grogan v Norlite Corp., 282 A.D.2d 781 [3d Dept 2001]; Donovan v CNY Consol. [read post]
22 Apr 2021, 4:00 am
In particular, the Appellate Division found: 1. [read post]
22 Apr 2021, 4:00 am
In particular, the Appellate Division found: 1. [read post]
8 Jun 2019, 5:43 am
The Appellate Division reversed. [read post]
1 Apr 2013, 3:34 am
Cohen, 2013 NY Slip Op 02056 (2d Dept Mar. 27, 2013), resolved an appeal and cross-appeal from a January 2012 post-trial order by Brooklyn Commercial Division Justice Carolyn E. [read post]
7 Apr 2009, 4:57 am
When the Supreme Court denied the relief requested in her petition, Kowaleski asked the Appellate Division to reverse the lower court's ruling.The Appellate Division pointed out that an arbitration award may be vacated "on only three narrow grounds: if it is clearly violative of a strong public policy, if it is totally or completely irrational, or if it manifestly exceeds a specific, enumerated limitation on the arbitrator's power," citing… [read post]
