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March 25, 2011.
Civil Procedure, Labor & Employment Law
In the Matter of Madeline Acosta, No. 36
In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law.
Civil Procedure, Intellectual Property, Copyright
Penguin Group (USA) Inc. v. American Buddha, No. 7
In a question involving the scope of long-arm jurisdiction under CPLR 302 (a)(3)(ii) as applied to a federal copyright infringement action, the situs of injury for purposes of determining long-arm jurisdiction is the location of the copyright holder.
Criminal Law & Procedure, Sentencing
The People v. Cornell, No. 119 SSM 61
Conviction and plea of defendant are vacated in the absence of a postallocution motion where the record is unclear that at the time defendant entered his plea, he was aware that the terms of his sentence included a period of postrelease supervision.
Civil Procedure, Health Law, Injury & Tort Law
Goldenberg v. Westchester County Health Care Corp., No. 50
In a a special proceeding on a notice of a late claim for medical malpractice against defendant, judgment of dismissal by trial court is affirmed where ultimate complaint dramatically differed, substantively and materially, from the proposed complaint which the plaintiff filed in the prior, special proceeding.
Government Law, Property Law & Real Estate
In the Matter of Mercedes Casado, No. 32
In a challenge to the validity of two orders of the New York City Rent Guidelines Board (RGB) making a distinction between low-rent apartments in which there has been no recent vacancy and other apartments, allowing larger rent increases for the former, judgment of trial court is reversed where the RGB has the power to make such distinction.
Criminal Law & Procedure, Sentencing
The People v. Beasley, No. 53
Conviction and sentencing of defendant for possession of a controlled substance in the second degree and other, lesser offenses is upheld where ground for appeal was not properly preserved at trial.
Criminal Law & Procedure, Sentencing
The People v. Kelly, No. 58
Conviction and sentencing of defendant for robbery in the first degree and burglary in the first degree are upheld where a brief, momentary separation of a juror from deliberations was not the type of violation contemplated by the continuously kept together language of CPL 310.10.
Criminal Law & Procedure, Sentencing, Evidence
The People v. Rodriguez, No. 44
Conviction and sentencing of defendant on charges of manslaughter is upheld where a justification charge was not warranted under the particular facts and circumstances of the case, but warranted on less serious offenses.