NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Prior felony – Measurement of time period People v. Lott KA 16-02248 Appealed from Erie County Court Background: The defendant appealed from a determination that he ...
Read More »Fourth Department – Revocation of parole: People v. Lloyd
New York State Supreme Court, Appellate Division, Fourth Judicial Department Revocation of parole Unduly harsh sentence – Sentence to run concurrently People v. Lloyd KA 17-00839 Appealed from Niagara County Court Background: The defendant appealed from a judgment revoking the ...
Read More »Fourth Department – Child custody: Laveck v. Laveck
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Settlement and separation agreement – Primary physical residence review Laveck v. Laveck CA 17-01740 Appealed from Supreme Court, Monroe County Background: The plaintiff mother moved for an order ...
Read More »Fourth Department – Child support obligation: Jones v. Jones
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support obligation Relief – Child’s conduct Jones v. Jones CAF 17-01822 Appealed from Family Court, Monroe County Background: The attorney for the child appealed from an order that granted ...
Read More »Fourth Department – Motor vehicle accident: Greco v. Grande
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Negligence – Emergency doctrine – Meteorologist’s affidavit – Black ice Greco v. Grande CA 17-01285 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...
Read More »Second Circuit – Fourth Amendment: United States v. Alexander
United States Court of Appeals for the Second Circuit Fourth Amendment Warrantless search – Curtilage United States v. Alexander 16-3708-cr Judges Lynch, Carney, and Hellerstein Background: The defendant appealed from his conviction of being a felon in possession of a ...
Read More »Fourth Department – Default judgment: Golf Glen Plaza Niles v. Amcoid USA, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Default judgment Personal jurisdiction – Forum selection clause Golf Glen Plaza Niles v. Amcoid USA, et al. CA 17-00869 Appealed from Supreme Court, Monroe County Background: The defendant executed a ...
Read More »Fourth Department – Negligence: Enos-Groff v. Schumacher, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Horseback riding – Unreasonable increase of risk Enos-Groff v. Schumacher, et al. CA 17-01827 Appealed from Supreme Court, Ontario County Background: The plaintiffs commenced an action to recover damages ...
Read More »Fourth Department – Medical malpractice: Giancarlo v. Kurek, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Negligent administration of drug – Questions of fact Giancarlo v. Kurek, et al. CA 17-01369 Appealed from Supreme Court, Erie County Background: In this medical malpractice action, the ...
Read More »Fourth Department – Breach of contract: Durham Commercial Capital Corp. v. Wadsworth Golf Construction Co. of the Midwest
New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Assignee – Right under contract Durham Commercial Capital Corp. v. Wadsworth Golf Construction Co. of the Midwest CA 17-00855 Appealed from Supreme Court, Monroe County Background: The ...
Read More »Fourth Department – Disclosure: Doorley v. Castro
New York State Supreme Court, Appellate Division, Fourth Judicial Department Disclosure Prohibition – Exculpatory evidence – Video of child interview Doorley v. Castro OP 17-01262 Initiated in Fourth Judicial Department Background: The petitioner commenced an Article 78 proceeding seeking to ...
Read More »Fourth Department – General Municipal Law: Collins v. Davirro
New York State Supreme Court, Appellate Division, Fourth Judicial Department General Municipal Law Statute of limitations – Scope of employment – Pre-answer motion Collins v. Davirro CA 17-01126 Appealed from Supreme Court, Erie County Background: The defendant appealed from an ...
Read More »