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New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex offenders Released on parole – Mandatory condition – School grounds Garcia v. Annucci KAH 18-00378 Appealed from Supreme Court, Erie County Background: When an incarcerated person, who was previously ...
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Court of Appeals – Lease: Ferrara v. Peaches Café LLC, et al
New York State Court of Appeals Lease Improvements – Consent Ferrara v. Peaches Café LLC, et al No. 124 Judge Wilson Background: The defendant COR Ridge Road Company appealed from a judgment that granted partial summary judgment against it in ...
Read More »Fourth Department – Motor-vehicle accident: Flood v. City of Syracuse
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor-vehicle accident Emergency vehicle – Reckless disregard Flood v. City of Syracuse CA 18-00677 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages following a ...
Read More »Fourth Department – Assault: People v. Kaba
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault Justification – Legally sufficient evidence People v. Kaba KA 16-01504 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of assault on the basis that ...
Read More »Fourth Department – Prison contraband: People v. Flagg
New York State Supreme Court, Appellate Division, Fourth Judicial Department Prison contraband Dangerous contraband – Tramadol People v. Flagg KA 16-01323 Appealed from Onondaga County Court Background: The defendant is an inmate at a correctional facility. He was charged with ...
Read More »Fourth Department – Motor-vehicle accident: Fayson v. Rent-A-Center East
New York State Supreme Court, appellate Division, Fourth Judicial Department Motor-vehicle accident Summary judgment – Right-of-way Fayson v. Rent-A-Center East CA 18-00786 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after sustaining injuries in a motor ...
Read More »Fourth Department – Appeal: Dumond v. New York Central Mutual Fire Insurance Co. et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Appeal Non-appealable paper – Stipulation and Order Dumond v. New York Central Mutual Fire Insurance Co. et al. CA 18-00301 Appealed from Supreme Court, Oneida County Background: The defendant had ...
Read More »Court of Appeals – Forgery: People v. Watts
New York State Court of Appeals Forgery Counterfeit concert tickets People v. Watts No. 125 Judge Fahey Background: The defendant was accused of selling counterfeit concert tickets and convicted of criminal possession of a forged instrument. On appeal, he argues ...
Read More »Fourth Department – Family Court: Brown v. Orr
New York State Supreme Court, Appellate Division, Fourth Judicial Department Family Court determination Facts in support – Remittal Brown v. Orr CAF 17-01893 Appealed from Family Court, Steuben County Background: After a consent order finding that each parent had joint ...
Read More »Court of Appeals – Assault: People v. Garland
New York State Court of Appeals Assault Serious Physical Injury – Legal sufficiency People v. Garland No. 147 SSM 24 Memorandum Background: The defendant challenges his convictions for first-degree assault, arguing that the evidence was not legally sufficient to establish ...
Read More »Fourth Department – Mortgage foreclosure: Ditech Financial LLC v. Corbett, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Mortgage foreclosure Statute of limitations – Accrual – Acceleration of debt Ditech Financial LLC v. Corbett, et al. CA 18-00681 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced ...
Read More »Fourth Department – Motor vehicle accident: Clark v. Town of Lyonsdale
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Snowplow – Engaged in road work – Reckless disregard Clark v. Town of Lyonsdale CA 18-00787 Appealed from Supreme Court, Lewis County Background: The plaintiff commenced an ...
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