NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Adverse possession Pre-2008 amendments Rote v. Gibbs CA 20-00700 Appealed from Supreme Court, Cattaraugus County Background: The plaintiffs commenced an action seeking a determination that they are the lawful owners ...
Read More »Fourth Department – Request for new counsel: People v. Robinson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Request for new counsel Minimal inquiry – Breakdown of communication People v. Robinson KA 18-02085 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of robbery arguing ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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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