Harvey M. Stone, left, and Richard Dolan, right, of Schlam, Stone & Dolan. Courtesy photos Evidence Properly Seized, Abuse Claims Barred, University's Motion Granted
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: a decision declining to suppress a gun and evidence of marijuana possession; a holding that claims relating to sexual abuse of a minor were time-barred and an extension of time for filing did not apply; and a decision granting a college's motion for judgment on the pleadings in a suit over the suspension of in-person classes.
March 10, 2022 at 12:00 PM
9 minute read
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Eric Komitee declined to suppress a gun and evidence of marijuana possession seized in an automobile search. Judge Eric N. Vitaliano held that (1) plaintiff's claims under §1983 and Title IX of the Education Amendments Act of 1972 relating to sexual abuse of a minor are barred by the applicable statutes of limitations, and (2) New York's Child Victims Act, which extended the time for filing tort claims in such matters, does not apply. And Judge Brian M. Cogan granted Long Island University's motion for judgment on the pleadings in a suit filed by several students asserting claims based on the suspension of in-person classes.
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