ADMINISTRATIVE LAW, CONTRACTS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Police Benevolent Ass’n of NY State Troopers v. Div. of NY State Police , No. 118
In an appeal seeking a judgment determining that state troopers have a right to counsel or union representation in “critical incident reviews” under their collective bargaining agreement, the court of appeals finds that: 1) while the parties negotiated a right to representation for administrative interrogations, they failed to enumerate any such right with regard to critical incident reviews; and 2) by limiting the representation rights to those provided within the bargaining agreement, the parties effectively waived any representation right troopers may have had during critical incident reviews.
CIVIL PROCEDURE, CONTRACTS, CORPORATION & ENTERPRISE LAW, INJURY AND TORT LAW
G.K. Alan Assoc., Inc. v. Lazzari, No. 127
In a civil lawsuit involving defendant’s alleged acts of fraud and embezzlement, a ruling finding that summary judgment for either party was precluded is affirmed where inquiries as to defendant’s actual intent for the wrongdoings charged, and plaintiff’s knowledge of defendant’s ongoing fraud or embezzlement practices, were factual issues properly resolved at trial.
CONTRACTS, DISPUTE RESOLUTION & ARBITRATION
In the Matter of Fiveco, Inc. v. Haber, No. 126
In the context of a party commencing a proceeding to permanently stay arbitration after the 20-day limitations period for objecting to arbitration under CPLR 7503(c), such petitions are time-barred unless the basis of a party’s objection falls within the exception set forth in Matter of Matarasso (Continental Cas. Co.) (56 NY2d 264 [1982]). That exception does not apply, however, when an arbitration provision found within a contract prevents finding that the parties never agreed to arbitrate.
CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, ELECTIONS, TAX-EXEMPT ORGANIZATIONS
In the Matter of Venigalla v. Nori, No. 113
Article 9 of the Religious Corporations Law does not provide for any elections, other than votes of the trustees themselves. Thus, provisions in the bylaws of an entity incorporated under the Religious Corporations Law, which called for election of trustees by the “General Body”, facially contradicted Article 9 and were invalid from their inception.
CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW, WHITE COLLAR CRIME
Reddington v. Staten Island Univ. Hosp., No. 112
Labor Law section 741, which offers exceptional and specialized whistleblower protection over and above the generalized protection afforded by section 740, is meant to safeguard only those employees who are qualified by virtue of training and/or experience to make knowledgeable judgments as to the quality of patient care, and whose jobs require them to make these judgments.
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Estrella, No. 186 SSM 20
Denial of motion to suppress cocaine evidence recovered from defendant’s vehicle is affirmed where: 1) the record supported a finding that an officer who stopped the car reasonably believed the windows was over-tinted in violation of New York law; and 2) the officer was not chargeable with knowledge that the tinting was legal in Georgia, where the car was registered.
CRIMINAL LAW & PROCEDURE
People v. Simmons, No. 128
Defense counsel’s failure to facilitate defendant’s testimony before a grand jury does not constitute ineffective counsel assistance, per se, unless defendant was prejudiced by the counsel’s failure to effectuate such appearance.
