Fourth Department — Custody Agreement: Mathewson v. Sessler 
By Daily Record Staff
POSTED: May 22, 2012
Tags: Appellate Division, Custody Agreement, Fourth Department
Appellate Division, Fourth Department Custody Agreement Modification Mathewson v. Sessler CAF 11-01896 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that granted the petitioner father’s petition that modified a prior order and awarded joint custody. The parties had originally entered into a stipulation whereby the mother would have sole [...]
Fourth Department — Custody: Mason-Crimi v. Crimi
By Daily Record Staff
POSTED: May 21, 2012
Tags: Appellate Division, custody, Fourth Department
Appellate Division, Fourth Department Custody Modification — Violation of Custody Provision Mason-Crimi v. Crimi CAF 10-01947 Appealed from Family Court, Erie County Background: The petitioner mother sought to modify a prior order of custody by awarding her sole custody of the parties’ child. The mother alleged that the father violated the prior order by interfering [...]
Fourth Department — Relocation of Child: Holtz v. Weaver
By Daily Record Staff
POSTED: May 21, 2012
Tags: Appellate Division, Fourth Department, Relocation of Child
Appellate Division, Fourth Department Relocation of Child Tropea Factors Holtz v. Weaver CAF 11-01394 Appealed from Family Court, Cattaraugus County Background: The respondent-petitioner mother appealed from an order that denied her cross petition seeking to modify the custody and visitation provisions of the judgment of divorce by granting permission for the parties’ child to [...]
Fourth Department — Contractors: Hahn v. Tops Markets LLC, et al.
By Daily Record Staff
POSTED: May 17, 2012
Tags: Appellate Division, contractors, Fourth Department
Appellate Division, Fourth Department Contractors Subcontractors — Liability for Injuries Hahn v. Tops Markets LLC, et al. CA 11-02213 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries sustained while shopping at a supermarket owned by the defendant. The plaintiff was injured when she was pushing a shopping [...]
Fourth Department — Vehicle Inspection and Safety: G&S Management Inc. and Scirri v. Fiala and NYS Dept. of Motor Vehicles
By Daily Record Staff
POSTED: May 15, 2012
Tags: Appellate Division, Fourth Department, Vehicle Inspection and Safety
Appellate Division, Fourth Department Vehicle Inspection and Safety Vehicle Safety Hearings G&S Management Inc. and Scirri v. Fiala and NYS Dept. of Motor Vehicles TP 11-02206 Transferred from Supreme Court, Erie County Background: The petitioners, operators of a used car dealership, commenced an Article 78 proceeding seeking to annul a determination that they violated Vehicle [...]
Fourth Department — Personal Jurisdiction: Chautauqua County Dept. of Social Services v. Rita M.S.
By Daily Record Staff
POSTED: May 14, 2012
Tags: Appellate Division, Fourth Department, personal jurisdiction
Appellate Division, Fourth Department Personal Jurisdiction Default Judgment Chautauqua County Dept. of Social Services v. Rita M.S. CAF 11-02254 Appealed from Family Court, Chautauqua County Background: The petitioner commenced an action directing the respondent stepmother and father to furnish support for four children. The petitioner was seeking child support retroactively to the time that [...]
Fourth Department — Prosecutorial Misconduct: People v. Brown
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, prosecutorial misconduct
Appellate Division, Fourth Department Prosecutorial Misconduct Preservation of Error People v. Brown KA 08-01685 Appealed from Monroe County Court Background: The defendant was convicted after jury trial of first-degree criminal contempt and second-degree harassment. He argued on appeal that prosecutorial misconduct deprived him of a fair trial. Ruling: Conviction is affirmed. Defense counsel at trial either [...]
Fourth Department — Sports Spectator Injury: Vivyan v. Ilion Central School District
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, Sports Spectator Injury
Appellate Division, Fourth Department Sports Spectator Injury Available Seating Vivyan v. Ilion Central School District CA 11-01839 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced an action for damages after the plaintiff was hit in the head by a ball while watching a baseball game organized by the defendant. The plaintiff was seated [...]
Fourth Department — Land Owner Liability: Tanner v. Ryan
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, Land Owner Liability
Appellate Division, Fourth Department Land Owner Liability Supervision and Control of Work Tanner v. Ryan CA 11-02460 Appealed from Supreme Court, Jefferson County Background: The plaintiff commenced an action seeking damages for injuries sustained when he fell from the roof of the home owned by the defendants. The defendant moved for summary judgment that the [...]
Fourth Department — Sexual Abuse: Matter of Leeann S.
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, sexual abuse
Appellate Division, Fourth Department Sexual Abuse Expert Corroboration Matter of Leeann S. CAF 10-00110 Appealed from Family Court, Oneida County Background: The respondent father appealed from an order determining that he had sexually abused his daughter and derivatively neglected his son. The father argued that the child’s out-of-court statements were improperly used as the basis [...]
Fourth Department — Labor Law: Rast v. Wachs Rome Development LLC, et al.
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, Labor Law
Appellate Division, Fourth Department Labor Law Subcontractor Liability — Area of the Incident Rast v. Wachs Rome Development LLC, et al. CA 11-01462 Appealed from Supreme Court, Wyoming County Background: The plaintiffs commenced an action seeking damages for injuries sustained when the plaintiff fell from a roof. The defendant had hired the plaintiff as a general [...]
Fourth Department — Family Offense: Marquardt v. Marquardt
By Daily Record Staff
POSTED: May 9, 2012
Tags: Appellate Division, Family Offense, Fourth Department
Appellate Division, Fourth Department Family Offense Due Process Marquardt v. Marquardt CAF 11-00770 Appealed from Family Court, Genesee County Background: The respondent appealed from an order that determined he committed the family offense of disorderly conduct against the petitioner on two occasions. Just prior to the fact-finding hearing, the respondent requested that the court [...]
