FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 05/01/07

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CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW

County of Chatauqua v. Civil Serv. Employees Ass'n, No. 55
In case involving effort to arbitrate grievances concerning layoffs and rights of displacement contained in a collective bargaining agreement, Appellate Division's granting of motion to compel arbitration is modified in part to stay arbitration of the layoff of certain employees, where such arbitration is precluded by public polity.

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW

City of Long Beach v. Civil Serv. Employees Ass'n, No. 54
In a proceeding to stay two arbitrations demanded by respondent on behalf of several terminated provisional employees, order permanently staying arbitration is affirmed as the subject claims are not arbitrable under the terms of a Collective Bargaining Agreement between the parties.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Chiddick, No. 56
In case involving burglary where defendant bit victim causing moderate pain, conviction and sentence for several charges including burglary and assault are affirmed as the evidence was sufficient to support the jury's finding that defendant caused "substantial pain" and therefore "physical injury" to his victim.

CRIMINAL LAW & PROCEDURE, PER CURIAM

People v. Dukes, No. 63
County Court's dismissal of a sworn juror over defendant's objection is reversed where the court failed to determine that juror number three was grossly unqualified, or unqualified at all.

CRIMINAL LAW & PROCEDURE

People v. Newton, No. 53
After conviction of sodomy in the third degree, defendant pleaded guilty to violation of probation with sentence as a second felony offender to indeterminate term is affirmed as the trial judge properly declined to instruct the jury on intoxication with respect to the charge of third-degree sodomy.

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This page contains a single entry by Leonard E. Sienko, Jr. published on May 1, 2007 9:51 PM.

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