Welcome to new iteration of NYSBA’s CasePrepPlus newsletter, an exclusive and valuable benefit of NYSBA membership! I’m honored to be the editor of this great service that tries to help you stay up to date with what’s happening in New York’s appellate courts.
My goal as the editor of CasePrepPlus is not only to help you learn about the significant decisions of the Court of Appeals and Appellate Division that could impact your practice, like I have used the service for many, many years, but also to make this endeavor interactive. Do you have a decision that could impact a wide area of law or a quirky procedural issue that could be a trap for the unwary (and we all know the CPLR has many)? Have you noticed an issue on which the Appellate Division departments have split or a novel case that could be headed to the Court of Appeals? Do you have an idea for how we can make this weekly newsletter serve you better? Shoot me an email (rrosborough@woh.com) or find me on social media (@NYSAppeals, pretty much everywhere).
Each week on Fridays, NYSBA emails out the CasePrepPlus newsletter to all of its members, and I will also be posting them here.
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Does State Law Preempt New York City From Adopting Rental Assistance Laws? (NYSBA CasePrepPlus)
Is New York City preempted by state law from providing additional rental assistance? The First Department said it isn’t, and compelled the Mayor to take action to implement the City Council’s rental assistance amendments that he had previously refused to enforce. Let’s take a look at that opinion and what else has been happening in…
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Fourth Department Holds That Police Compelling Defendant to Open His Cell Phone for Investigation Violates the Fifth Amendment Right Against Self-Incrimination (NYSBA CasePrepPlus)
Can a search warrant compel a criminal defendant to open his phone to let the police investigate its contents? The Fourth Department addressed that question recently, holding that the compelled opening of defendant’s cell phone violated his Fifth Amendment right against self-incrimination. Let’s take a look at that opinion and what else has been happening…
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Court of Appeals Holds That Commissioner of Education Has Authority to Adopt Substantial Equivalency Regulations for Nonpublic Schools (NYSBA CasePrepPlus)
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…
New York Appeals 