FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 12/18/07

CIVIL PROCEDURE, CIVIL RIGHTS, EDUCATION LAW, LABOR & EMPLOYMENT LAW

Amorosi v. South Colonie Indep. Cent. Sch. Dist., No. 167

Under Education Law section 3813(2-b), the statute of limitations applicable to a damages claim for illegal workplace discrimination brought under Executive Law section 296 against a school district is one year. Read more…

 CIVIL PROCEDURE, CIVIL RIGHTS, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Data Tree, LLC v. Romaine, No. 173

Order denying disclosure of certain land records requested by appellant in an electronic format is reversed as questions of fact exist as to whether compliance with such request would require the clerk to disclose information excluded under the privacy exemption of the Freedom of Information Law and whether the clerk has the ability to comply with the request in the format sought by appellant. Read more…

 CRIMINAL LAW & PROCEDURE

People v. Cuadrado, No. 168

Reversal of grant of motion to vacate assault conviction, which motion was made 12 years after defendant waived the indictment and plead guilty to an information, is affirmed as defendant is barred from raising the issue of the waiver and plea being invalid in a motion to vacate his conviction under CPL 440.10 when he did not complain of such defect on appeal. Read more…

 CRIMINAL LAW & PROCEDURE

People v. Gajadhar, No. 166

In criminal jury trial where one juror became ill and court granted defendant’s request to continue with the 11 remaining jurors, defendant’s written waiver of his right to a jury of 12 citizens in open court was valid as article I, section 2 of the state constitution permits a defendant to consent to a deliberating jury of less than 12 individuals. Read more…

 

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