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| Matter of Hemphill v. Selsky, 97912,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Prison misbehavior report that provided only a conclusory account of manner in which inmate was claimed to have altered authorized objects for unauthorized purposes, without any detail, was simply insufficient basis for imposing penalties that included loss of good time.
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| Matter of Johnson v. Price, 7222,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Though a trial judge erred in imposing different burden of proof on State than that provided by persistent felony offender statute, N.Y. Crim. Proc. Law § 400.20(5), as the error was one of procedure, and judge had not exceeded his jurisdiction in a manner that implicated legality of the proceedings, State was not entitled to a writ of prohibition.
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| Matter of Julius P., 7486,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Because a presentment agency repeatedly failed to produce police witnesses at a juvenile's fact-finding hearing, pursuant to N.Y. Fam. Ct. Act § 340.1.(2), (4)(a), the agency's bare excuses, without more, were insufficient to demonstrate good cause to adjourn the hearing beyond the 60-day statutory limitation.
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| Matter of Keesh v. Goord, 98319,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Substantial evidence did not support the determination finding an inmate guilty of solicitation based on correspondence to and from a printing company about the inmate's book, as such correspondence was not included in the record. A photocopy of the book cover and blank order form were insufficient, standing alone.
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| Matter of Kianna Maria L. v. Maria Daphne M., 7737,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Termination of a mother's parental rights was affirmed; the mother missed almost all of her scheduled visits and failed to complete drug treatment and parenting skills programs or enroll in a domestic violence program. The child had been in foster care for over two years and had developed a close relationship with a caring foster mother.
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| Matter of Lovett v. Goord, 98333,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: An inmate was properly found guilty of smuggling and conspiracy to introduce narcotics into his facility; his argument regarding test results was unpersuasive given that he was charged with smuggling and conspiracy, to which the documentation requirements of N.Y. Comp. Codes R. & Regs. tit. 7, § 1010.5 did not apply.
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| Matter of McKenna v. Hevesi, 98762,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: A police officer injured in a training exercise was properly denied accidental disability retirement benefits pursuant to N.Y. Retire. & Soc. Sec. Law § 363; the officer was injured during a routine training session that was periodically provided by her employer, and the manner in which she was injured was not unanticipated.
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| Matter of Nole v. New York City Dept. of Hous. Preserv. & Dev., 7730-7731 Index 108840/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Where tenant failed to make New York City, N.Y., R. tit. 28, § 3-02(n)(4)(iv) showing that an apartment was her primary residence and the landlord had provided all proper notices of a pending eviction, a city's housing agency had properly granted a certificate of eviction.
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| Matter of O'Shei v. Hevesi, 98763,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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