In People v Diaz, the First Department holds that Correction Law § 168-a(2)(d)(ii), which required the defendant to register as a sex offender in New York for the out-of-state murder of a minor, violated the defendant's substantive due process rights as applied. Particularly, under that section, an individual is required to register as a sex offender …
ZBA Tie Vote is Not a Default Denial When Exercising Original Jurisdiction, Holds Third Department
In Matter of Alper Restaurant Inc. v Town of Copake Zoning Board of Appeals, the Third Department holds that a Town ZBA's tie vote does not result in a default denial when it is exercising original jurisdiction to consider a special use permit. The default denial provisions only apply when a ZBA is exercising appellate jurisdiction. …
Passing of New York Court of Appeals Judge Shelia Abdus-Salaam is a Tragic Loss for New York
As has been reported by numerous outlets, including the New York Law Journal, New York Times, and New York Daily News, among others, the Court of Appeals family lost Associate Judge Shelia Abdus-Salaam on Wednesday when her body was discovered on the banks of the Hudson River. Judge Abdus-Salaam was the first African-American and Muslim …
Court of Appeals Holds That the Denial of a Motion to Quash Stored Communications Act Warrants to Facebook is Not Appealable
This is a case that warms the heart of appellate geeks like me, those who get unduly excited over complicated issues of appellate jurisdiction. In Matter of 381 Search Warrants Directed to Facebook, Inc. (New York County District Attorney’s Office) (No. 16), previewed here, the Court of Appeals held that two orders denying Facebook’s motion …
Third Department Surprisingly Vacates Expulsion of SUNY Student for Sexual Assault
In a surprising reversal in Matter of Haug v State Univ. of N.Y. at Potsdam, the Third Department annulled SUNY's determination to expel a student who sexually assaulted another student as unsupported by substantial evidence in the record. The SUNY Student Code required affirmative consent to sex, which it was undisputed that the student never received, …
Court of Appeals Sidesteps Issue Whether School Districts Can Pursue Article 78 Review of IDEA Violation Determinations
In Matter of East Ramapo Cent. Sch. Dist. v King (No. 21), previewed here, the Court of Appeals sidestepped the issue of whether school districts have the right to judicial review under CPLR Article 78 of New York State Department of Education determinations enforcing the federal Individuals with Disabilities Education Act (IDEA). In East Ramapo …
Second Circuit Clarifies Fair Debt Collection Practices Act Issues
In Carlin v Davidson Fink LLP, the Second Circuit clarifies a number of issues concerning initial communications under the Fair Debt Collection Practices Act, including the required statement of the total amount due. First, a foreclosure complaint is not an "initial communication" under FDCPA, nor is a communication started by the debtor. Second, the inclusion …
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Court of Appeals March Session: Arguments of Interest for March 29, 2017
The Court of Appeals' March Session concludes on Thursday, March 29, 2017 with three criminal appeals on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a police detective’s warrantless search of a parolee’s car, which revealed a gun and ammo, was justified, …
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The Supreme Court Holds that NY Credit Card Surcharge Law Regulates Speech
In Expressions Hair Design v Schneiderman, the Supreme Court today held that New York General Business Law § 518, which bans the imposition of credit card surcharges on customers, though permits retailers to offer a discount to those who pay in cash, regulates retailers' speech, and remanded the case to the Second Circuit to decide whether …
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Court of Appeals March Session: Arguments of Interest for March 28, 2017
The Court of Appeals' March Session continues on Wednesday, March 28, 2017 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear argument today on the following issues: (1) whether the prosecutor should be given the right to rebut an agency defense raised by the criminal …
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