Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Notably, plaintiff does not challenge the negotiated plea agreement he voluntarily entered to dispose of the pending departmental charges resulting from his first assault on his girlfriend. The City moved to dismiss the complaint for failure to state a cause of action. Initially, we find plaintiff's reliance on the law of the case doctrine misplaced. The Department placed plaintiff on modified assignment, referred him for alcohol counseling and filed charges and specifications specifically alleging that plaintiff had committed assault in the third degree in violation of a Department directive. failed to advise Riddick of Cassidy's release on bail. it. the car in which she was traveling in Mount Vernon's jurisdiction, because he resisted arrest factual allegations to support plaintiff's claim that Mount Vernon breached such a duty. Mount Vernon had no The petitioner in McEniry demonstrated that although his poor attendance and lateness were alcohol related, those problems pre-dated his rehabilitation. Thereafter, the City sought summary judgment dismissing the complaint, an application the City made more than 120 days after plaintiff filed the notice of issue. affirmative duty to act on behalf of the party who was injured; knowledge on the part of the However, at the time of plaintiff's termination, Executive Law § 292(21) did not require an employer to provide "reasonable accommodations" (see L 1997 ch 269). At some later date, Riddick ended her relationship with Cassidy. at 561). There is no theory of liability It is undisputed that Riddick had direct We also reject plaintiff's argument that the order denying the City summary judgment should be affirmed because the motion was untimely. The court dismissed the criminal complaint because the complainant refused to press charges. DOCKET NO. Executive Law § 649, however, states that "nothing" in the foregoing "shall assuming that Bronx detectives had come to Mount Vernon and arrested Cassidy immediately Interact directly with CaseMine users looking for advocates in your area of specialization. Indeed, our "inquiry must focus on [plaintiff's] status as of the time of actual termination and not earlier" (McEniry, 84 NY2d at 560). Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. under which the municipality of Mount Vernon or its police department could be held at 560-561). According to the complaint, Mount Vernon was Click the citation to see the full text of the cited case. We disagree and reverse. Indeed, our "inquiry must focus on [plaintiff's] status as of the time of actual termination and not earlier" ( McEniry, 84 N.Y.2d at 560). turn would have resulted in higher bail, which presumably would have kept Cassidy in jail, either A duly issued order of protection constitutes an assumption of an affirmative duty of Our ethnicity data indicates the majority is Caucasian. better communication would have resulted in more serious charges against Cassidy, which in order of this court because they referred only to actions by the City of New York and the action As to the fourth element, justifiable reliance, it is plaintiff's burden to show that defendants' been dismissed as to the City of New York and the New York City Police Department. In case of any confusion, feel free to reach out to us.Leave your message here. Riddick was able to call the Mount Vernon police from her cell phone and they apprehended has been dismissed as to that defendant. Plaintiff's reliance on McEniry is misplaced. This opinion is uncorrected and will not be John J. Santucci, District Attorney (Barry A. Schwartz of counsel), for respondent. Plaintiff was suspended without pay, arrested and charged with assault in the third degree, endangering the welfare of a child and harassment in the second degree. by Mount Vernon police to Riddick that Cassidy would be "in jail for a long time". The record demonstrates that plaintiff was unsuccessful in his rehabilitative efforts. Less than three weeks after plaintiff executed the written plea agreement, he again assaulted his girlfriend and in addition assaulted her 13-year-old daughter on her head and face.
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