Failure to Certify Readiness & Criminal Case Dismissal
New York Speedy Trial now requires a certification requirement under the Criminal Procedure Law (CPL), Section 30.30(5-a). When accused of a crime, statutory speedy trial (CPL) and constitutional speed trial rights attach. Here, "the People's certificate of readiness filed on March 2, 2020 failed to comply with the certification requirements of CPL 30.30 (5-a), necessitating dismissal of the charges for violation of the speedy trial statute..." It may seem like a harsh remedy
FOIL - Attorney's Fees In A Footnote
What is in a footnote, here a great deal: "on remittal petitioners may request the reasonable fees incurred on this second appeal and, if supported, Supreme Court should award them." Matter of 101CO, LLC v New York State Dept. of Envtl. Conservation, 2020 NY Slip Op 07969 [189 AD3d 1948] (3d Dep't. 2021). This is wonderful news when it comes to government accountability, transparency and openness so that attorney's will represent persons who cannot otherwise afford their serv
FOIL Final Determination and Article 78
In obtaining access to public records, agency records under the Public Officers Law, there is an enormous amount of government available that may not otherwise publish records which is why the Freedom of Information Law was enacted. In this case "the proceeding sought all documents from respondent related to respondent's Pilot Program List determination." In this New York City FOIL Litigation, Judge Crane denies attorney's fees but grants access to the records sought. In othe
