Verdict . News

1w ago•4 min read

•Court exercised discretionary authority to dismiss appeal due to defendant's deportation for unrelated convictions

NY Court Dismisses Appeal After Defendant's Deportation

The New York Court of Appeals dismissed a criminal appeal without prejudice in *People v. Alba* after the defendant was involuntarily removed from the United States due to unrelated convictions. The February 11, 2026 decision highlights the court's discretionary authority to dismiss appeals when defendants are deported.

•Dismissal granted without prejudice, preserving defendant's right to reinstate appeal if he returns

1w ago•4 min read

•Court of Appeals reversed Appellate Division and reinstated zoning board's denial of area variance

NY Court of Appeals Reverses Zoning Variance Decision in Lake Luzerne

The New York Court of Appeals reversed an Appellate Division ruling and reinstated a lower court decision that upheld a zoning board's denial of an area variance application. The state's highest court found that the Town of Lake Luzerne Zoning Board of Appeals acted rationally in denying Lisa Williams' variance request.

•Zoning board's decision deemed rational and not arbitrary or capricious under Town Law standards

Jan 8, 2026•4 min read

•Court ruled six-year delay in SORA notification did not violate due process rights

NY Court of Appeals Affirms SORA Designation Despite 6-Year Delay

The New York Court of Appeals ruled that a six-year delay in notifying a defendant of his Sex Offender Registration Act requirements did not violate his substantive due process rights. The court held that Roderick Collier failed to show the delay prejudiced his ability to present his case.

•Defendant must prove delay caused actual prejudice to his defense, not just passage of time

•Judge David Miller suspended with pay from Wolcott Village Court effective December 18, 2025

NY Court of Appeals Suspends Wayne County Village Court Judge

The New York Court of Appeals suspended Honorable David M. Miller, a Justice of the Wolcott Village Court in Wayne County, with pay effective immediately on December 18, 2025. The state's highest court ordered the suspension on its own motion under constitutional and statutory authority.

•NY Court of Appeals acted on its own motion under constitutional and statutory authority

•Court of Appeals upheld HPD's denial of succession rights to Mitchell-Lama apartment

NY Court of Appeals Denies Succession Rights to Mitchell-Lama Apartment

The New York Court of Appeals ruled against Kermit Mantilla in his challenge to the NYC Department of Housing Preservation and Development's denial of succession rights to his deceased brother's Mitchell-Lama apartment. The court found a rational basis for the agency's determination that Mantilla failed to prove the apartment was his primary residence for the required one-year period.

•Mantilla could not establish primary residence requirement for one-year period before brother's death

•Court of Appeals affirmed Appellate Division ruling with costs against plaintiff Gurbanova

NY Court of Appeals Upholds Municipal Notice Law in Parking Lot Case

The New York Court of Appeals affirmed a lower court ruling in Gurbanova v. City of Ithaca, upholding municipal notice requirements under General Municipal Law § 50-e(4) for negligence claims involving parking lot accidents.

•Municipal parking lots fall under General Municipal Law § 50-e highway definition requiring prior written notice

•New York Court of Appeals ruled memorandum of understanding violated term limits doctrine

New York Court of Appeals Upholds Term Limits Doctrine in Fishkill Zoning Case

The New York Court of Appeals ruled that a memorandum of understanding governing a municipal zoning review violated the term limits doctrine, affirming dismissal of Hudson View Park Company's lawsuit against the Town of Fishkill. The December 18, 2025 decision addresses limits on municipal officials' ability to bind future administrations through development agreements.

•Hudson View Park Company's lawsuit against Town of Fishkill was properly dismissed

•Court of Appeals affirmed that DAL Electrical does not have to indemnify general contractor JRM for carpenter's ladder fall injury

NY Court of Appeals Rules on Construction Site Liability in Ladder Fall

The New York Court of Appeals ruled that an electrical subcontractor does not have to indemnify a general contractor for damages from a carpenter's ladder fall accident. The December 18 decision in Dibrino v. Rockefeller Center North involves complex liability questions in construction site injuries.

•Accident occurred in June 2019 during MLB headquarters renovation at 1271 Sixth Avenue

•Court of Appeals affirmed denial of affirmative defense instruction in first-degree robbery case involving apparent firearm display

NY Court of Appeals Clarifies Firearm Display in Robbery Cases

The New York Court of Appeals ruled in People v. Smith that a trial court properly denied an affirmative defense instruction for first-degree robbery charges involving the display of what appeared to be a firearm. The December 18, 2025 decision clarifies the burden of proof for defendants claiming displayed objects were not loaded weapons.

•Decision clarifies evidentiary standards for defendants claiming displayed objects were not loaded weapons