New York

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A Proskauer team, along with Disability Rights New York (DRNY), Children’s Rights (CR) and the National Health Law Program (NHeLP), reached a preliminary settlement agreement with the State of New York in C.K. v. McDonald, a federal class action lawsuit addressing the State’s failure to provide Medicaid-eligible children with intensive home-and community-based mental health services.

New York’s state court judges will soon have a new resource at their fingertips when holding court remotely. As detailed in a recent article in the New York Law Journal, New York’s Court Modernization Action Committee (“CMAC”) recently developed a bench card for judges to reference while they prepare for and implement virtual proceedings.

The CMAC is comprised of various stakeholders, including judges, court staff and attorneys, who work to modernize New York’s court system by encouraging the adoption of new technologies and maintenance of pandemic-era improvements to remote court services. Alongside others from Proskauer, I have had the privilege to assist the CMAC in this important work.

The Commission to Reimagine the Future of New York’s Courts established the Pandemic Practices Working Group (PPWG) to investigate, evaluate, and report on the successes of, and challenges faced by, the state court system during the ongoing Covid-19 pandemic. To that end, the PPWG held its first Public Hearing on Pandemic Practices on June 7th, 2022 in Albany, New York. This hearing served an agenda-setting purpose for the PPWG, highlighting the most pressing issues facing stakeholders within the state court system. Thirty-seven witnesses participated from across New York State to share their unique perspectives.

In 2018, Proskauer highlighted the importance of a New York law that gives those with criminal convictions an opportunity to build a better life. New York Crim. Proc. Law § 160.59 (“CPL 160.59”) allows persons convicted of certain crimes to apply for their criminal record to be sealed upon meeting two requirements: (1) at least ten years have passed since their release from prison; and (2) a record of two or fewer criminal convictions only one of which can be a felony.  Once sealed, these records are inaccessible to the public and through routine background checks, such as those used by landlords and employers. Though CPL 160.59 has provided some with a needed second chance, it has excluded far too many people.

Many other states have implemented their own laws permitting criminal records to be sealed — in 2019 alone, 31 states and D.C. enacted bills creating, expanding, or streamlining conviction record sealing, set-asides, or expungement. New York was one of those states, reforming the system by automatically sealing drug convictions for now decriminalized offenses, as well as sealing certain pending matters where there has been no activity in the past five years.  Nevertheless, New York did not take the opportunity to expand the scope of CPL 160.59 and thus it remains severely underused compared to original estimates.

Proskauer honored its lawyers and staff who have made significant contributions to the Firm’s pro bono and corporate social responsibility programs this year at its 12th Annual Golden Gavel Awards ceremony on January 22. The following is a list of recipients alphabetically by project.

Protecting Immigrant Youth

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Team New Orleans: Catholic Charities-Archdiocese of New Orleans – Special Immigrant Juvenile Status

In collaboration with Catholic Charities-Archdiocese of New Orleans, this team successfully represented six immigrant children from Honduras and El Salvador in obtaining predicate orders from Louisiana juvenile courts finding that the children cannot be reunified with one or both of their parents due to abuse, abandonment, or neglect, and that it would not be in the children’s best interest to return to their home countries. These predicate orders open the door for these children to apply for Special Immigrant Juvenile Status, an immigration remedy that would protect these children from deportation and give them a pathway to lawful permanent residence in the United States.