NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Search Consent – Coercion People v. Favors KA 17-01069 Appealed from Erie County Court Background: The defendant appealed from a conviction of rape, assault, and attempted aggravated sexual abuse. Ruling: ...
Read More »Fourth Department – Custody: Matter of Emma D.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Custody Grandmother – Extraordinary circumstances – Change of venue Matter of Emma D. CAF 18-00019 Appealed from Family Court, Ontario County Background: The petitioner Ontario County Department of Social Services, ...
Read More »Fourth Department – Suppression: People v. Bennett
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Officer’s testimony – Failure to recall certain details People v. Bennett KA 16-01581 Appealed from Supreme Court, Ontario County Background: The defendant appealed from a judgment convicting him of ...
Read More »Fourth Department – Tortious interference with employment: Conklin v. Laxen
New York State Supreme Court, Appellate Division, Fourth Judicial Department Tortious interference with employment Sufficiency of complaint Conklin v. Laxen CA 19-00210 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action to recover damages for tortious interference ...
Read More »Fourth Department – Motor vehicle collision: Carroll v. Willow Bend Farms
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle collision Intersection – Comparative negligence Carroll v. Willow Bend Farms CA 19-00526 Appealed from Supreme Court, Steuben County Background: The underlying litigation arose out of a collision that ...
Read More »Fourth Department – Ineffective assistance of counsel: People v. Woodard
New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Right to counsel – Discovery People v. Woodard KA 16-00185 Appealed from Supreme Court, Monroe County Background: The defendant appealed from the denial of his Article ...
Read More »Fourth Department – Child custody and visitation: Avent v. Avent
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody and visitation Modification of order – Change in circumstances – Obligations pursuant to custody order Avent v. Avent CAF 18-01639 Appealed from Family Court, Cattaraugus County Background: The ...
Read More »Fourth Department – Child custody: Williams v. Davis
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Notice – Order made after parent walks out of hearing Williams v. Davis CAF 18-01723 Appealed from Family Court, Onondaga County Background: The father appealed from an order ...
Read More »Fourth Department – Second Amendment: People v. Tucker
New York State Supreme Court, Appellate Division, Fourth Judicial Department Second Amendment Intermediate scrutiny – State’s interest – Unlicensed possession People v. Tucker KA 18-00147 Appealed from Supreme Court, Erie County Background: Upon the execution of a no-knock search warrant, ...
Read More »Fourth Department – Speedy trial: People v. Strauss
New York State Supreme Court, Appellate Division, Fourth Judicial Department Speedy trial Decision by counsel – Approval by court People v. Strauss KA 17-01099 Appealed from Onondaga County Court Background: The defendant appealed from a jury verdict convicting him of ...
Read More »Fourth Department – Medical malpractice: Stradtman v. Cavaretta
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Expert affidavit – Curing defect – License to practice medicine Stradtman v. Cavaretta CA 19-00398 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice ...
Read More »Fourth Department – Child custody: Torres v. Rodriguez
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Grandparent custody – Voluntary absence from child’s life Torres v. Rodriguez CAF 16-02075 Appealed from Family Court, Erie County Background: The father appealed from an order that awarded ...
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