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Appellate Division, Fourth Dept.

Fourth Department – Waiver of indictment: People v. Price

New York State Supreme Court, Appellate Division, Fourth Judicial Department Waiver of indictment Jurisdictional defect – Properly held for grand jury People v. Price KA 19-00981 Appealed from Seneca County Court Background: The defendant appealed from his conviction of sexual ...

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Fourth Department – Ineffective assistance of counsel: People v. Rivera

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Appeal – Off-the-record plea negotiations – 440 motion People v. Rivera KA 19-00511 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a judgment ...

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Fourth District – Trip and fall: McLaren v. Mid-Town Athletic Club

New York State Supreme Court, Appellate Division, Fourth Judicial Department Trip and fall Open obvious condition – Issue of fact McLaren v. Mid-Town Athletic Club CA 20-00937 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages ...

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Fourth Department – Suppression: People v. Moore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Search warrant – Common areas People v. Moore KA 18-02412 Appealed from Erie County Court Background: The defendant appealed from his conviction of criminal possession of a controlled substance ...

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Fourth Department – Insurance coverage: McAleavey v. Chautauqua Patrons Insurance Co.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Exclusions – Ambiguous terms McAleavey v. Chautauqua Patrons Insurance Co. CA 20-00615 Appealed from Supreme Court, Livingston County Background: The plaintiffs owned a seasonal home insured by the ...

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Fourth Department – Child support: Maldonado v. Cappetta

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child support Upward modification – Parental alienation Maldonado v. Cappetta CAF 20-00218 Appealed from Family Court, Oswego County Background: The petitioner mother commenced an action seeking an upward modification of ...

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Fourth Department – Marital property: LaPoint v. Claypoole

New York State Supreme Court, Appellate Division, Fourth Judicial Department Marital property Funds in an account for convenience LaPoint v. Claypoole CA 20-00185 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a judgment of divorce that determined ...

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Fourth Department – Child custody and neglect: Matter of Adam M.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody and neglect Child’s physical wellbeing – Mother’s mental condition Matter of Adam M. CAF 19-01289 Appealed from Family Court, Niagara County Background: The respondent mother appealed from an ...

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Fourth Department – Labor Law: Kammerer v. Luis Angel Mercado, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Chemical burn – Covered hazards Kammerer v. Luis Angel Mercado, et al. CA 20-00548 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law action ...

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Fourth Department – Intent to kill: People v. Johnson

New York State Supreme Court, Appellate Division, Fourth Judicial Department Intent to kill Substantial evidence – Batson challenges – Race-neutral explanation People v. Johnson KA 18-02102 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of two ...

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