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 …
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 …
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 …
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 …
Is a Decedent’s Administrator Bound by the Decedent’s Arbitration Agreement in a Subsequent Wrongful Death Suit? (NYSBA CasePrepPlus)
Is a decedent’s administrator bound by the decedent’s arbitration agreement in a subsequent wrongful death suit? The Second Department addressed that question of first impression recently and held that it is not. Let’s take a look at that opinion and what else has been happening in New York’s appellate courts over the past week. Appellate …
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 …
NYSBA CasePrepPlus Newsletter 5.30.25: CLCPA Does Not Preempt Local Legislation Aimed at Reducing Greenhouse Gas Emissions
The Court of Appeals recently held that the Climate Leadership and Community Protection Act does not preempt local legislation aimed at reducing greenhouse gas emissions and transitioning to clean energy in order to combat climate change. Rather, the Court held, the Climate Act’s aspirational language provides room for localities, here New York City, to adopt …
NYSBA CasePrepPlus Newsletter 5.23.25: Can an Appellate Reversal of a Judgment of Foreclosure Restore Title to the Foreclosed Property If It Is Sold While the Appeal is Pending?
The Second Department recently held that in a foreclosure action, if a property owner does not obtain a stay of the judgment of foreclosure pending appeal, and the property is sold to a third party for value while the appeal is pending, the property owner cannot get their property back even if the Appellate Division …
NYSBA CasePrepPlus Newsletter 5.16.24: Can an Election Nominee Who Declined a Nomination Fill Their Own Vacancy on the Ballot?
A panel of the Second Department recently, in dicta, took a different view of the Election Law concerning whether a political nominee who declines a nomination can thereafter be designated to fill that same vacancy. Although the First Department in 1934 held that the same person who originally declined the nomination was barred from being …
NYSBA CasePrepPlus Newsletter 5.9.25: Is the Even Year Election Law Constitutional?
The Even Year Election Law, which provides that elections for most county, town, and village officials will be held on even-numbered years, and will no longer be held on odd-numbered years, does not violate the New York Constitution’s home rule provisions. In fact, the Fourth Department held, nothing in Article IX, § 2 of the New …
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