A mother, who filed suit against child protective service employees for removing her child without parental consent or a court order, successfully proved on appeal that the trial court correctly found genuine issues of material fact to deny summary judgment.

Motion to Dismiss Indictment Denied

Trial court erred in giving defendant's requested sudden emergency doctrine instruction and in denying plaintiff's requested driver's duty of care instruction in case where defendant driver struck pedestrians because the evidence did not support a determination that defendant was "confronted with a sudden and unforeseeable occurrence." Reversed.

Court Denies Motion to Suppress Statement

Trial court erroneously revoked probation for defendant's failure to submit to a polygraph where an exam was one of three options for complying with sex offender treatment and defendant was participating in another option. Order of the trial court reversed.

Plaintiff moved for default judgment in a breach of contract action and court found defendant was properly served, failed to appear, the Chamberlin factors weighed in favor of default judgment and court granted attorney fees and costs. Motion granted.

Court Affirms Trial Court Finding that Plaintiffs' Attorney Made Insufficient Service

Victim's ability to get a clear view of defendant over a period of several minutes, which enabled the victim to subsequently accurately describe defendant's appearance, created an independent basis to permit an in-court identification despite police suggestively showing the victim a single photo of defendant. Order of the trial court reversed, case remanded.

Appellant appealed the district court's order granting appellee's motion to dismiss the indictment pursuant to the Speedy Trial Act with prejudice.

In the Matter of Wayne Spence v. New York State Department of Civil Service et al.