NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Divorce Nuptial agreement – Defective acknowledgement Anderson v. Anderson CA 19-01260 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced an action, which is ancillary to pending divorce actions ...
Read More »Fourth Department – Persistent violent offender: People v. Watkins
New York State Supreme Court, Appellate Division, Fourth Judicial Department Persistent violent offender Predicate violent felony convictions – Tolling provisions People v. Watkins KA 18-00241 Appealed from Onondaga County Court Background: The defendant was convicted of rape and appeals from ...
Read More »Fourth Department – Arbitration: Village of Manlius v. Town of Manlius Professional Firefighters Assoc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Arbitration Condition precedent Village of Manlius v. Town of Manlius Professional Firefighters Assoc. CA 19-01395 Appealed from Supreme Court, Onondaga County Background: The petitioner commenced a proceeding seeking a permanent ...
Read More »Fourth Department – Duplicitous indictment: People v. Quiros
New York State Supreme Court, Appellate Division, Fourth Judicial Department Duplicitous indictment Cure – Supplemental bill of particulars – Trial indictment People v. Quiros KA 18-02230 Appealed from Orleans County Court Background: The defendant appealed from his conviction of four ...
Read More »Fourth Department – Confidential informant: People v. Poole
New York State Supreme Court, Appellate Division, Fourth Judicial Department Confidential informant Credible information – Sufficiency of evidence People v. Poole KA 17-02025 Appealed from Orleans County Court Background: The defendant appealed from a judgment convicting her of criminal possession ...
Read More »Fourth Department – Custody: Johnson v. Wellington
New York State Supreme Court, Appellate Division, Fourth Judicial Department Custody Abandonment – Grandparent Johnson v. Wellington CAF 18-01128 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order granting sole custody of the subject child ...
Read More »Fourth Department – School liability: Charles J. v. City of Buffalo
New York State Supreme Court, Appellate Division, Fourth Judicial Department School liability Duty to supervise – Lack of actual or constructive knowledge – Sexual assaults Charles J. v. City of Buffalo CA 19-01660 Appealed from Supreme Court, Erie County Background: ...
Read More »Fourth Department – Supplemental uninsured/underinsured motorist benefits: Gross v. Travelers Insurance
New York State Supreme Court, Appellate Division, Fourth Judicial Department Supplemental uninsured/underinsured motorist benefits Coverage triggered – Comparison test Gross v. Travelers Insurance CA 19-01797 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to collect supplemental ...
Read More »Fourth Department – Freedom of Information Law: Forsyth v. City of Rochester
New York State Supreme Court, Appellate Division, Fourth Judicial Department Freedom of Information Law Electronic video and records – Redaction – Costs Forsyth v. City of Rochester CA 19-01259 Appealed from Supreme Court, Monroe County Background: The petitioner commenced an ...
Read More »Fourth Department – Motor vehicle accident: Durham v. Village of Philadelphia
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Emergency vehicle – Exempted conduct Durham v. Village of Philadelphia CA 19-01057 Appealed from Supreme Court, Jefferson County Background: The plaintiff commenced an action seeking damages for ...
Read More »Fourth Department – Use variance: Dean v. Town of Poland Zoning Board of Appeals
New York State Supreme Court, Appellate Division, Fourth Judicial Department Use variance Unnecessary hardship – Sufficiency of evidence Dean v. Town of Poland Zoning Board of Appeals CA 18-01432 Appealed from Supreme Court, Chautauqua County Background: The respondents are owners ...
Read More »Fourth Department – Promoting prison contraband: People v. Cox
New York State Supreme Court, Appellate Division, Fourth Judicial Department Promoting prison contraband Sufficiency of evidence – Knowing possession People v. Cox KA 18-00288 Appealed from Wyoming County Court Background: The defendant appealed from his conviction of promoting prison contraband. ...
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