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New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Mental health treatment – Successful completion Matter of Joshua W. Jr. CAF 17-00208 Appealed from Family Court, Cattaraugus County Background: The father appealed from the termination ...
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Second Circuit – Securities Litigation Uniform Standards Act: O’Donnell v. AXA Equitable Life Ins. Co.
United States Court of Appeals for the Second Circuit Securities Litigation Uniform Standards Act “In connection with” – Misrepresentation O’Donnell v. AXA Equitable Life Ins. Co. 17-1085-cv Judges Jacobs, Sack, and Parker Background: A variable annuity policy holder brought a ...
Read More »Fourth Department – Child support order and execution: Sweetman v. Suhr
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support order and execution Proper ownership of funds – Joint account Sweetman v. Suhr CA 17-00578 Appealed from Supreme Court, Monroe County Background: The plaintiff’s son was murdered by ...
Read More »Fourth Department – Court of Claims: Snickles v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Late notice of intention – Specificity Snickles v. State of New York CA 17-00875 Appealed from Court of Claims Background: The claimant sought to recover damages arising ...
Read More »Fourth Department – Insurance coverage: Smith v. Safeco Insurance Co. of America, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Exclusion – Surface water – Definition of terms Smith v. Safeco Insurance Co. of America, et al. CA 17-01429 Appealed from Supreme Court, Oneida County Background: The plaintiffs ...
Read More »Fourth Department – Wavier: Rugg v. O’Donnell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Wavier Amended pleadings – Mortgage note Rugg v. O’Donnell CA 17-01181 Appealed from Supreme Court, Cayuga County Background: The defendants purchased a parcel of land from the decedent, which was ...
Read More »Fourth Department – Child support orders: Reynolds v. Evans
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support orders Out-of-state child support – Subject matter jurisdiction Reynolds v. Evans CAF 17-00990 Appealed from Family Court, Ontario County Background: The petitioner father appealed from an order that ...
Read More »Second Circuit – Fair Labor Standards Act: Rana v. Islam, Prova
United States Court of Appeals for the Second Circuit Fair Labor Standards Act State Labor Law – Cumulative liquidated damages Rana v. Islam, Prova 16-3966-cv Judges Jacobs, Sack, and Parker Background: The plaintiff commenced an action against his former employers ...
Read More »Fourth Department – Child abuse: Matter of Deseante R.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child abuse Nurse practitioner testimony – Reasonable inference Matter of Deseante R. CAF 16-00582 Appealed from Supreme Court, Erie County Background: The mother appealed from an order that found that ...
Read More »Fourth Department – Disclosure: Pasek v. Catholic Health Systems Inc., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Disclosure Privilege – Quality assurance review Pasek v. Catholic Health Systems Inc., et al. CA 17-01850 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice action ...
Read More »Fourth Department – 440 motion: People v. Reed
New York State Supreme Court, Appellate Division, Fourth Judicial Department 440 motion Exculpatory evidence – False testimony People v. Reed KA 16-01139 Appealed from Supreme Court, Erie County Background: The defendant appealed from the denial of his 440 motion to ...
Read More »Second Circuit – Restitution: United States v. Rutigliano
United States Court of Appeals for the Second Circuit Restitution Custodial punishment – Reviewability – Reduction United States v. Rutigliano 16-3754-cr (L) Judges Jacobs, Raggi, and Droney Background: The parties challenge a reduction in the defendants’ restitution obligations as imposed ...
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