NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Firefighter benefits General Municipal Law 207-a Newman v. City of Tonawanda CA 21-01479 Appealed from Supreme Court, Erie County Background: The petitioner is a firefighter for the respondent. She was ...
Read More »Fourth Department – Molineux exception: People v. Mountzouros
New York State Supreme Court, Appellate Division, Fourth Judicial Department Molineux exception Modus operandi – Similarities People v. Mountzouros KA 20-00292 Appealed from Livingston County Court Background: The defendant appealed from his conviction of sexual abuse arising from allegations that ...
Read More »Fourth Department – Plea: People v. Nelson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea Voluntariness – Collateral consequences People v. Nelson KA 20-00932 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of attempted criminal possession of a weapon. He ...
Read More »Fourth Department – SEQRA: Miranda Holdings Inc. v. Town Board of Orchard Park
New York State Supreme Court, Appellate Division, Fourth Judicial Department SEQRA Type I actions – Environmental assessment form Miranda Holdings Inc. v. Town Board of Orchard Park CA 20-01599 Appealed from Supreme Court, Erie County Background: The petitioner-plaintiff is a ...
Read More »Fourth Department – Double jeopardy: McNair v. McNamara
New York State Supreme Court, Appellate Division, Fourth Judicial Department Double jeopardy Mistrial alternatives McNair v. McNamara OP 21-01638 Initiated in Supreme Court, Fourth Judicial Department Background: The petitioner commenced an Article 78 proceeding seeking a writ of prohibition barring ...
Read More »Fourth Department – Motor vehicle accident: Lamendola v. Alharbi
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Serious injury – Subjective complaints Lamendola v. Alharbi CA 21-01377 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he ...
Read More »Fourth Department – Pat frisk: People v. Hodge
New York State Supreme Court, Appellate Division, Fourth Judicial Department Pat frisk Flee the scene – No reasonable suspicion People v. Hodge KA 20-01435 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of ...
Read More »Fourth Department – Child neglect: Matter of Mckinley H.-W
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Medical treatment Matter of Mckinley H.-W CAF 21-01452 Appealed from Family Court, Genesee County Background: The respondent father appealed from an order that determined he neglected the subject ...
Read More »Fourth Department – Suppression hearing: People v. Gaines
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression hearing Standing – Law of the case People v. Gaines KA 18-02069 Appealed from Supreme Court, Monroe County Background: The defendant appealed form his conviction of attempted criminal possession ...
Read More »Fourth Department – Emergency doctrine: Fox v. McClellan
New York State Supreme Court, Appellate Division, Fourth Judicial Department Emergency doctrine Unexpected situation Fox v. McClellan CA 21-00469 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action for damages after being injured by a vehicle operated ...
Read More »Fourth Department – Executor’s deed: Ehlenfield v. Kingsbury
New York State Supreme Court, Appellate Division, Fourth Judicial Department Executor’s deed Bona fide purchasers for value – Beneficiaries consent to sale Ehlenfield v. Kingsbury CA 21-00533 Appealed from Supreme Court, Erie County Background: The plaintiff was bequeathed real property ...
Read More »Fourth Department – Assault: People v. Bunton
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault Sufficiency of evidence – Physical injury People v. Bunton KA 17-02218 Appealed from Monroe County Court Background: The defendant appealed from his conviction of two counts of assault, criminal ...
Read More »