Court Filings

The Appellate Division, Fourth Department affirmed a Wyoming County Supreme Court judgment denying Richard F. Mills' petition for a writ of habeas corpus challenging his confinement at Attica Correctional Facility. The appellate court unanimously affirmed without costs, adopting the reasons stated by the trial court (Justice Terrence M. Parker). No new factual findings or legal analysis appear in the short appellate disposition; the judgment below denying relief therefore stands.

The Appellate Division, Fourth Department affirmed a Supreme Court (Erie County) order granting summary judgment to defendants in a dispute brought by plaintiff-appellant Colleen Pandy, as executor and individually, against Teachers Insurance and Annuity Association of America and individual defendants. The appellate court agreed with the lower court that the moving defendants were entitled to judgment as a matter of law, resolving the appeal against the plaintiff. The decision is brief and affirms the dismissal of the plaintiff’s remaining claims without further comment or costs awarded to the appellant.

The Appellate Division, Fourth Department affirmed a Supreme Court order granting summary judgment to two third-party defendants and denying NYAC summary judgment on its indemnification claim. Plaintiff sued for injuries from a scaffold fall. The court held that Next Level was not contractually obligated to indemnify NYAC because the indemnity language covered only claims arising from Next Level's work and there was no evidence plaintiff’s injury related to Next Level’s work. The court also held that an indemnity agreement between NYAC and Anderson, signed after the accident, could not be applied retroactively because NYAC failed to show the parties intended an earlier effective date.

The Appellate Division, Fourth Department, denied a CPLR article 78 petition by Leon Thomas challenging a prison disciplinary determination after a tier III hearing. The court confirmed the determination that Thomas violated certain incarcerated individual rules, noting Thomas pleaded guilty to two violations which barred review of the substantial-evidence claim as to those offenses, and it rejected his remaining challenges. The petition was dismissed and the determination confirmed without costs.

The Appellate Division, Fourth Department affirmed Family Court's order continuing custody of the child with Monroe County Department of Human Services. The mother had sought return of her child under Family Court Act § 1028 after a temporary removal. The court found petitioner proved that returning the child would present an imminent risk to the child's life or health because the mother suffers from untreated, severe mental health conditions, experiences frequent violent visions that sometimes include the child, lacks insight, does not take medication or seek therapy, and engages in unsafe behavior tied to those visions. The appellate court found a sound and substantial basis in the record for that determination.

The Appellate Division affirmed a Supreme Court judgment granting a mandamus petition that required the Buffalo Comptroller to issue and sell bonds authorized by the Buffalo Common Council. The court held that the comptroller has no discretion to refuse issuance where the Common Council has validly authorized borrowing under the City Charter and the Local Finance Law. Although the comptroller has duties to advise and report on fiscal capacity and certain procedural roles, those responsibilities do not permit vetoing or declining to execute bond issuances lawfully authorized by the council.

The Appellate Division, Fourth Department affirmed Supreme Court’s denial of the Assembly’s CPLR article 78 petition seeking to stop the New York State Division of Human Rights (DHR) from pursuing a discrimination and harassment complaint filed by employee Nicole Golias. DHR had found probable cause and added the Assembly as a respondent. The court held that prohibition is an extraordinary remedy limited to lack or excess of jurisdiction and may not be used to bypass administrative review. The Assembly must first pursue DHR’s administrative process and, if necessary, judicial review under Executive Law § 298.

The Appellate Division, Fourth Department affirmed the Town of Floyd Zoning Board of Appeals' denial of three variances sought by petitioner Jeffrey Kotary to incorporate two shipping containers into a new barn and to exceed height and setback limits. Kotary sought judicial review under CPLR article 78 after the ZBA granted only a height variance and denied the other variances. The court held the ZBA properly applied the statutory balancing test, relied on safety concerns, feasible alternatives, and the largely self-created nature of petitioner’s need, and concluded there was a rational basis for denying the variances.

The Appellate Division affirmed Surrogate's Court's order dismissing petitioner Barrett Hess's petition to probate the will of Janet Hess. The court reviewed the surrogate's dismissal of the probate petition following respondents' motion to dismiss and agreed with the surrogate's reasoning. The appellate court concluded there was no reversible error in the surrogate's disposition and therefore upheld dismissal, awarding costs to respondents.

The Appellate Division, Fourth Department accepted Attorney Franklin William Heller's application to resign for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the submission as a voluntary resignation not prompted by disciplinary charges and granted the request, ending his authority to practice law in New York. There is no indication of misconduct findings or ongoing disciplinary proceedings in this decision; the court's action was procedural and limited to removing Heller's name from the attorney list.

The Appellate Division, Fourth Department affirmed a Family Court order that granted the petitioner's written objection to a support magistrate's October 7, 2024 order in a Family Court child support proceeding. The appeal was taken by the respondent from the Family Court's November 27, 2024 order. The appellate court unanimously affirmed without costs, signaling it found no reversible error in the Family Court's disposition of the objection to the support magistrate's ruling.

The Appellate Division confirmed a referee's findings that attorney Diana G. Cunningham neglected two client matters, failed to communicate with clients and a court referee, and did not timely comply with attorney registration rules. The court found multiple violations of the Rules of Professional Conduct and registration statutes. Because Cunningham has a substantial disciplinary history with similar prior misconduct, the Court suspended her for three years and until further order, but it stayed the suspension on conditions including compliance with registration rules, participation in mental health monitoring and an attorney mentoring program, quarterly reporting, and limits on active cases.

The Appellate Division affirmed Supreme Court's denial of petitioner Karen Anthone's motion for summary judgment in a proceeding to enforce a judgment lien against real property owned by George Carlo and the Carlo Family Trust. The court held that the trust is a self-settled trust and therefore its assets are available to satisfy the settlor's creditors, so petitioner did not need to prove a fraudulent conveyance. However, the court found a triable issue whether the homestead exemption applies to the property sale, so summary judgment was improper and the matter remains for further fact-finding on that exemption issue.

The Appellate Division, Fourth Department affirmed Family Court's March 17, 2025 order in a child-protective proceeding under Family Court Act article 10, which had found that respondent Thomas M. neglected the child Aleena M. The appeal challenged that neglect determination; the appellate court issued a short per curiam affirmance, adopting the reasoning set out in its separate memorandum in Matter of Akeem M. (Thomas M.). The court thus left undisturbed the Family Court's findings and disposition holding Thomas M. neglectful.

The Appellate Division, Fourth Department affirmed a Family Court order that found Thomas M. neglected the child Ahmilia M. This appeal challenged the Family Court’s neglect determination in a proceeding brought by the Onondaga County Department of Children and Family Services under Family Court Act article 10. The appellate court relied on the same reasoning and memorandum it used in a companion case (Matter of Akeem M. (Thomas M.)) and concluded there were no reversible errors, so the Family Court’s ruling stands and costs were denied.

The Appellate Division, Fourth Department affirmed Family Court's order finding Heather H. neglected her child and placing her under the supervision of the Wayne County Department of Social Services. The appeal challenged the fact-finding that the mother's mental illness and illicit drug use caused neglect, but the appellate court held petitioner proved neglect by a preponderance of the evidence. The court relied on testimony and records showing the mother experienced delusions and paranoid behavior that placed the child's physical, mental, or emotional condition in imminent danger of impairment, and affirmed the dispositional supervision order.

The Appellate Division, Fourth Department affirmed a Supreme Court order in a medical malpractice and wrongful death case that compelled defendants TLC Health Network and Lake Shore Health Care Center to produce electronic medical record audit trails and related discovery. The court concluded the trial court did not abuse its broad discretion because new deposition evidence—developed after an earlier appeal—suggested audit-trail data might exist, had not been fully disclosed, and that defendants' representatives lacked knowledge about retention policies. The appellate court held the new evidence justified additional discovery and found no conflict with its prior decision.

The Appellate Division affirmed a trial court order that, after reargument, denied plaintiff’s challenge to defendant’s motion (converted to summary judgment) dismissing certain claims and awarding defendant unpaid alternative rent. The dispute arose from a lease cotenancy clause requiring a single anchor tenant; when the anchor space was filled by two tenants, the landlord sought full rent while the tenant claimed entitlement to an offset under the cotenancy provision. The court held the tenant could enforce the alternative rent under the lease amendments and that the landlord could not rely on an estoppel certificate to negate that rent offset obligation.

The Appellate Division affirmed the trial court's order granting summary judgment to defendants and dismissing plaintiff Shawn Broton's second amended complaint. Broton, formerly Deputy Chief of Syracuse Police, alleged constitutional and statutory claims after being denied reinstatement to a rank-and-file position in December 2017 and after an ethics investigation later found his allegations unfounded. The court held most claims were barred by the three-year statute of limitations because they accrued on the December 18, 2017 denial, and alternatively found no triable issues of fact as to defendants’ entitlement to judgment as a matter of law.

The Appellate Division, Fourth Department affirmed a trial court order denying summary judgment to defendants Dr. Saurin Popat and Delaware Medical Group in a medical malpractice suit brought by Meg and Brian Bray. The court found defendants initially showed they met the standard of care, but plaintiffs submitted an expert affirmation—establishing medical licensure and board certification in endocrine surgery—that raised triable issues as to whether Dr. Popat's assessment, diagnosis, and treatment fell below the accepted standard. Because the parties’ experts conflicted, summary judgment was inappropriate and the case must proceed.

The Appellate Division, Fourth Department unanimously affirmed a Supreme Court (Steuben County) order that denied plaintiff Maura Bianco's motion for summary judgment in her suit against defendant Jacqueline S. Johnson. The appellate court reviewed the lower court's December 27, 2024 order and concluded there were issues precluding summary disposition, so the matter remains for further proceedings in the trial court. The appellate decision was issued April 24, 2026 and affirmed without costs.

The Appellate Division, Fourth Department affirmed a trial court judgment awarding Amber Well Drilling money damages based on a jury verdict in quantum meruit. The court held that the written home-improvement contract failed to comply with General Business Law § 771, so the contractor could not enforce the contract for breach or recover contractually stipulated interest and attorneys' fees. The court nonetheless allowed recovery for completed work under unjust enrichment/quasi-contract and awarded prejudgment interest at a statutory/alternative rate. Plaintiff's broader arguments to revisit precedent and to sever the fee/interest clause were rejected.

The Appellate Division, First Department affirmed the lower court's denial of Eastmore Owners Corp.'s motion to dismiss three causes of action brought by tenant Blanche Zelmanovich. The court held that Zelmanovich plausibly pled housing discrimination and failure to provide a reasonable accommodation under federal, state, and city fair housing and human rights laws. Her complaints about inaccurate noise reports, temporal proximity between notice of default and notice of her disability, differential treatment of a neighbor, and a psychologist's letter supporting an emotional support dog were sufficient at the pleading stage to create inferences of discrimination and failure to engage in an interactive accommodation process.

The Appellate Division, First Department affirmed two judgments against Brandon Monegro. The court affirmed a January 18, 2024 conviction (amended April 10, 2024) for second-degree assault and a May 7, 2024 guilty plea conviction for third-degree assault, including the sentences. The court held that disorderly conduct was properly included in the Superior Court Information as a joinable lesser non-inclusory offense related to the same act charged in the felony complaint. Because the earlier conviction was affirmed, the defendant's argument that his later plea should be vacated as dependent on a reversal is moot.

The Appellate Division, First Department affirmed a resentencing judgment that sentenced defendant Marques McGeachy to an aggregate term of 16 years. The court reviewed the trial court's denial of youthful offender treatment and found that, although McGeachy was technically eligible, the sentencing court properly considered the relevant factors and reasonably exercised its discretion to deny youthful offender status. The panel noted McGeachy’s participation with a violent gang, multiple shootings, and violent conduct over months involving multiple victims as reasons supporting the denial and the sentence.

The Appellate Division, First Department affirmed a 2019 Bronx County conviction and sentence of Michael Mable, who pleaded guilty to third-degree criminal possession of a weapon and was sentenced as a second felony offender to 2½ to 5 years. The court declined to review Mable’s claim that his plea was involuntary because he failed to preserve the issue at the plea colloquy and the narrow exception allowing late review did not apply. The court also alternatively held that the record contains no evidence casting doubt on the voluntariness of the plea.

The Appellate Division, First Department affirmed defendant Keyshawn Kitchens' convictions for first- and second-degree assault and the concurrent seven-year sentences. The court found Kitchens failed to preserve statutory speedy trial and prosecutorial-misconduct claims and declined to review them in the interest of justice, but alternatively rejected those claims on the merits. The court also held the evidence was legally sufficient to convict, finding Kitchens the initial aggressor and that the victim was unarmed, with testimony corroborated by surveillance and other witnesses; jury credibility determinations were upheld.

The Appellate Division, First Department affirmed defendant Diondre Holman’s conviction following a guilty plea to fourth-degree criminal possession of a weapon and his three-year probation sentence, but modified the judgment by striking the probation condition requiring payment of the mandatory surcharge and related fees. The court concluded Holman validly waived his right to appeal, which foreclosed review of his excessiveness challenge, but allowed review of his challenge to the legality of the probation condition and found that requirement unrelated to rehabilitation or public safety. Holman’s facial challenge to the "good moral character" licensing provision was unpreserved and declined in the interest of justice.

The Appellate Division, First Department affirmed defendant Jesse Faulkner's conviction for second-degree criminal possession of a weapon and his sentence of 3½ years plus five years of postrelease supervision. The court rejected Faulkner's unpreserved Second Amendment challenge and declined to review it in the interest of justice. Alternatively, the court held he had standing to bring a facial challenge but failed to show New York's "good moral character" licensing requirement was invalid under Bruen. His ineffective-assistance claim was held unreviewable on direct appeal and, in any event, meritless because the claim had little chance of success.

The Appellate Division, First Department affirmed the judgment of conviction entered by Supreme Court, Bronx County (Marsha D. Michael, J.) on May 31, 2022. Derwin Blanks appealed his conviction and sentence. After briefing and argument, the appellate court found the sentence imposed was not excessive and therefore affirmed the lower court's judgment in full. The decision is a short, unanimous order without extended opinion, primarily addressing the proportionality of the sentence.