NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Issue of fact Kyrch v. Bredenberg, et al. CA 18-01611 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking to recover damages for injuries sustained by ...
Read More »Fourth Department – False imprisonment: Hogan v. Vandewater
New York State Supreme Court, Appellate Division, Fourth Judicial Department False imprisonment Confinement – Judicial recusal Hogan v. Vandewater CA 17-01446 Appealed from Supreme Court, Lewis County Background: The plaintiff commenced an action seeking damages for false imprisonment. Both parties ...
Read More »Fourth Department – Medicaid: Hill v. Zucker
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid Denial of benefits – Timely submission of requested documentation Hill v. Zucker TP 18-01775 Transferred from Supreme Court, Onondaga County Background: The petitioner applied for medical assistance for her ...
Read More »Fourth Department – Intent to sell: People v. Hicks
New York State Supreme Court, Appellate Division, Fourth Judicial Department Intent to sell Reckless endangerment – Sufficiency of evidence – Notice of grand jury People v. Hicks KA 15-01407 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from ...
Read More »Fourth Department – Plea: People v. Hector
New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea Knowing and voluntary – Motion to withdraw plea People v. Hector KA 16-01240 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of offering a ...
Read More »Fourth Department – Search and seizure: People v. Derby
New York State Supreme Court, Appellate Division, Fourth Judicial Department Search and seizure Parole officer – Legitimate reasons related to defendant’s status as a parolee People v. Derby KA 16-01904 Appealed from Onondaga County Court Background: The defendant appealed from ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Chrisley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Uncharged incident – Points assessment – Due process People v. Chrisley KA 17-00300 Appealed from Genesee County Court Background: The defendant appealed from an order determining ...
Read More »Fourth Department – Premises liability: Bobik v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Sip and fall – Credibility determination Bobik v. State of New York CA 18-01710 Appealed from the Court of Claims Background: The claimant, a state prison inmate, alleged ...
Read More »Fourth Department – Aggravated vehicular homicide: People v. Campagna
New York State Supreme Court, Appellate Division, Fourth Judicial Department Aggravated vehicular homicide Ignition interlock device – Mandatory term People v. Campagna KA 17-00741 Appealed from Cayuga County Court Background: The defendant appealed from a judgment convicting him of aggravated ...
Read More »Fourth Department – Promissory note: ABR Wholesalers Inc. v. King
New York State Supreme Court, Appellate Division, Fourth Judicial Department Promissory note Consideration – Supply on credit ABR Wholesalers Inc. v. King CA 18-01192 Appealed from Supreme Court, Erie County Background: The defendant owed nearly $90,000 on its credit account ...
Read More »Fourth Department – Prosecutorial authority: People v. Wassell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Prosecutorial authority Office of the Attorney General – Assault weapon sale People v. Wassell KA 18-01593 Appealed from Chautauqua County Court Background: The defendant appealed from a judgment convicting him ...
Read More »Fourth Department – Labor Law: Acox v. Jeff Petroski & Sons
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Protected work activity – Window treatment – Separate and distinct work from project Acox v. Jeff Petroski & Sons CA 18-01683 Appealed from Supreme Court, Onondaga County Background: ...
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