In December, the Court of Appeals generally forgoes oral argument on new appeals, but still has two days of session called Decision Days. The Court during these days issues its final decisions from the November session, and tries to wrap up other pending matters before the start of the new year. During the first release …
Court of Appeals Holds that Deviation from Municipal Contract RFP Evaluation Criteria is Arbitrary and Capricious
In Matter of ACME Bus Corp. v Orange County (No. 182), the Court of Appeals was asked to address whether, during the municipal bidding required for the award of local government contracts under General Municipal Law 104-b, the municipality must adhere to the public bid evaluation criteria set out in the request for proposals ("RFP") …
Court of Appeals Clarifies that Time to Object to Family Court Support Order Does Not Begin to Run Until Counsel is Served
In Matter of Odunbaku v Odunbaku (No. 183), the Court of Appeals was asked to decide whether a represented mother's objections to a Family Court support order were timely made when they were served 41 days after the Family Court clerk mailed the mother a copy of the order directly, but failed to mail a …
Court of Appeals Holds Police Officer May Pursue General Municipal Law 205-e Claim Against Municipality Where It Does Not Offer Workers’ Comp Benefits
In Matter of Diegelman v City of Buffalo (No. 168) previewed here, the Court of Appeals held that a police officer injured in the line of duty may pursue a negligence claim against his employing municipality for a negligent violation of a statutory or regulatory duty where the municipality elects not to provide workers' compensation …
Court of Appeals Upholds Syracuse Noise Ordinance Against Constitutional Vagueness Challenge
In People v Stephens (No. 171) previewed here, the Court of Appeals upheld the validity of the City of Syracuse's Noise Control Ordinance prohibiting the creation of "unnecessary noise" heard more than 50 feet from a car on a public road against a challenge by a criminal defendant that the ordinance was unconstitutionally vague under …
Court of Appeals Holds Plaintiff’s Use of Makeshift Milk Crate Steps in Lieu of a Wall Ladder Create Question of Fact in Personal Injury Action
In Newman v RPCI Landmark Properties, LLC (No. 174) previewed here, the Court of Appeals reversed the Appellate Division, First Department's order dismissing the personal injury complaint, where the First Department had held that Newman's claim was barred as a matter of law because Newman’s choice to use a set of plastic milk crates to get …
Court of Appeals’ November Session: Arguments of Interest for November 17, 2016
The Court of Appeals’ November Session concludes on Thursday, November 17, 2016. Of the cases on the argument schedule, all of which are criminal appeals (the Court’s case summaries can be found here), two are of particular interest: No. 208 People v James Miller In Miller, after the victim was shot to death in …
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Court of Appeals’ November Session: Arguments of Interest for November 16, 2016
The Court of Appeals’ November Session continues on Wednesday, November 16, 2016. Of the cases on the argument schedule (the Court’s case summaries can be found here), the most interesting is: No. 201 Hain v Jamison When a cow is crossing the road, don’t get out of your car to help it along. That …
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Court of Appeals’ November Session: Arguments of Interest for November 15, 2016
The Court of Appeals’ November Session continues on Tuesday, November 15, 2016. Of the cases on the argument schedule (the Court’s case summaries can be found here), two are of particular interest: No. 196 Turturro v City of New York Can a municipality be held liable for failing to keep its roads in a …
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Court of Appeals’ November Session: Arguments of Interest for November 14, 2016
The Court of Appeals’ November Session, which is full of appeals concerning the rights of criminal defendants, begins on Monday, November 14, 2016 at Court of Appeals Hall in Albany. Of the cases on the argument schedule (the Court’s case summaries can be found here), the most interesting is: No. 191 Stonehill Capital Management, LLC …
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