New York’s nonpublic schools must provide an education to their students that is substantially equivalent to that provided in public schools. What happens, however, if a parent chooses to send their children to a nonpublic school, and the school either cannot or chooses not to satisfy the Commissioner of Education’s substantial equivalency standards? The Court …
Court of Appeals Holds Trial Courts May Set Bail When Defendant is Charged Making a Terroristic Threat (NYSBA CasePrepPlus)
Is making a terroristic threat an offense for which a trial court may set bail, or is it excluded and the defendant must be released on his own recognizance? The Criminal Procedure Law says two contradictory things, so the Court of Appeals tackled the question this week, holding that the disjunctive language of the statute …
Court of Appeals Explains When Propensity Evidence Can Be Used in a Criminal Trial (NYSBA CasePrepPlus)
The Court of Appeals recently explained when propensity evidence may be introduced in a criminal trial under People v Molineux if the defendant seeks to raise reasonable doubt only to his intent in committing the crime. Let’s take a look at that opinion and what else has been happening in New York’s appellate courts over …
Daily Fantasy Sports are Constitutional in New York!
After 5 years of litigation, and countless sleepless nights in DraftKings and FanDuel offices (I assume), the New York Court of Appeals today held that daily fantasy sports is constitutional. And, as I thought might have been the case, the deciding vote for DFS's constitutionality was cast not by a Judge of the Court of …
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New York Court of Appeals Holds that the Destruction of Timber to Create Snowmobile Trails in the Adirondacks Violates the Forever Wild Clause of the New York Constitution
In a huge win for the New York State Forest Preserve, and those like me who love it, the Court of Appeals this morning held that the State's destruction of thousands of trees to build 12-foot wide community connector snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. …
Court of Appeals Holds Commercial Contracts Can Waive Right to Seek Declaratory Judgment to Interpret the Terms of the Agreement and Yellowstone Relief
Contracts are often ambiguous. They are usually long, with many terms, and you never know how they will apply in circumstances that the parties never contemplated. That's why the power to go to court to ask for an interpretation of the agreement and how it applies to the unique facts that the parties face has …
No Office, No Problem: Court of Appeals Holds that Violation of Judiciary Law § 470’s “Physical Office” Requirement Does Not Render Action a Nullity, But Could Subject Attorney to Discipline
In a unanimous decision authored by Judge Michael Garcia, the Court of Appeals today resolved an important issue of first impression implicating multi-state practice in New York—“whether an action, such as filing a complaint, taken by a lawyer duly admitted to the bar of this State but without the required New York office is a …
Court of Appeals Holds Hearsay Statements from Sexual Assault Victim May be Considered to Support College Disciplinary Decision
When a sexual assault occurs on a SUNY campus, the victim shouldn't have to suffer through the assault twice. The victim has the right to decide not to participate in any disciplinary hearings held by the SUNY disciplinary board, and to instead submit a written or other hearsay statement telling his or her side of …
For the First Time, Court of Appeals Issues a Separate Opinion While Denying Leave to Appeal
When the Court of Appeals grants or denies a motion for leave to appeal, it generally does so in a one sentence order that says "motion for leave to appeal denied" or "motion for leave to appeal granted." At most, the Court will issue paragraph explanations sometimes when it has to dismiss a motion for leave …
Court of Appeals Gets “Cleaned Up,” and Also Decides an Identity Theft Case
When a thief, or these days a hacker, steals your credit card and uses it, most people call that identity theft. The New York criminal statutes, however, haven't been so clear about whether the use another's personal identifying information, such as their name, bank account, or credit card number, is enough to show that the …
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