New York State Supreme Court, Appellate Division, Fourth Judicial Department Change of attorney Failure to prosecute Deutsch Bank National Trust v. Pulver, et al. CA 21-01243 Appealed from Supreme Court, Ontario County Background: The defendants executed a note secured by ...
Read More »Fourth Department – Criminal defense: People v. Elmore
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal defense Automatic discovery – Prior family court adjudications People v. Elmore KA 20-01314 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of two counts ...
Read More »Fourth Department – Driving while intoxicated: People v. Dean
New York State Supreme Court, Appellate Division, Fourth Judicial Department Driving while intoxicated Operating a motor vehicle People v. Dean KA 18-02381 Appealed from Ontario County Court Background: The defendant appealed from his conviction of two counts of driving while ...
Read More »Fourth Department – Child custody and visitation: Conrad v. Conrad
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody and visitation Reduction in parenting time Conrad v. Conrad CA 21-01455 Appealed from Supreme Court, Onondaga County Background: The petitioner father appealed from an order that modified the ...
Read More »Fourth Department – Burglary: People v. Colon
New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Sufficiency of evidence People v. Colon KA 19-01496 Appealed from Erie County Court Background: The defendant appealed from his conviction of six counts of burglary. The conviction arises from ...
Read More »Fourth Department – Dog bite: Cicero v. O’Rourke
New York State Supreme Court, Appellate Division, Fourth Judicial Department Dog bite Vicious propensities – Veterinary exceptions Cicero v. O’Rourke CA 22-00399 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages for injuries she sustained ...
Read More »Fourth Department – Slip and fall: Bregaudit v. Loretto Health and Rehabilitation Center and Pro Scapes
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Contractual liability – Exceptions – Releasing a force of Nature Bregaudit v. Loretto Health and Rehabilitation Center and Pro Scapes CA 21-01590 Appealed from Supreme Court, Onondaga ...
Read More »Fourth Department – Assault: People v. Anderson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault Physical injury – Weight of evidence People v. Anderson KA 17-01154 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of assault arising from a ...
Read More »Fourth Department – General Municipal Law: Bowers Development LLC v. Oneida County Industrial Development Agency
New York State Supreme Court, Appellate Division, Fourth Judicial Department General Municipal Law Eminent domain – Enumerated powers Bowers Development LLC v. Oneida County Industrial Development Agency OP 22-00744 Originated from Supreme Court, Oneida County Background: The petitioners commenced a ...
Read More »Fourth Department – Suppression: People v. Wright
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Forcible non-arrest detention People v. Wright KA 22-00400 Appealed from Erie County Court Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that ...
Read More »Fourth Department – Plea deal: People v. Williams
New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea deal Ineffective assistance of counsel People v. Williams KA 18-00699 Appealed from Monroe County Court Background: The defendant appealed from his conviction of attempted robbery. He argues that he ...
Read More »Fourth Department – Reconstruction hearing: Wagner v. Wagner
New York State Supreme Court, Appellate Division, Fourth Judicial Department Reconstruction hearing Abuse of discretion Wagner v. Wagner CA 22-00246 Appealed from Supreme Court, Monroe County Background: The plaintiff appealed from the denial of his motion for a reconstruction hearing ...
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