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Appellate Division, Fourth Dept.

Fourth Department – UCC-1: Perfecting security interest – Authorization of predecessor in interest 4545 Transit LLC v. Rocky’s Big City Games & Sports Bar

New York State Supreme Court, Appellate Division, Fourth Judicial Department UCC-1 Perfecting security interest – Authorization of predecessor in interest 4545 Transit LLC v. Rocky’s Big City Games & Sports Bar CA 20-00282 Appealed from Supreme Court, Erie County Background: ...

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Fourth Department – Strangulation: People v. Swift

New York State Supreme Court, Appellate Division, Fourth Judicial Department Strangulation Lesser included offense – Attempted strangulation People v. Swift KA 15-00981 Appealed from Monroe County Court Background: The defendant appealed from his conviction of two counts of burglary and ...

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Fourth Department – Suppression: People v. Wright

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Level one inquiry – Level two pointed inquiry People v. Wright KA 19-00349 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of ...

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Fourth Department – Special use permit: Rex v. Zoning Board of Appeals of Town of Sennett

New York State Supreme Court, Appellate Division, Fourth Judicial Department Special use permit Town’s comprehensive plan – Rational basis Rex v. Zoning Board of Appeals of Town of Sennett CA 20-00448 Appealed from Supreme Court, Cayuga County Background: The petitioners ...

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Fourth Department – Eyewitness and Brady material: People v. Smith

New York State Supreme Court, Appellate Division, Fourth Judicial Department Eyewitness and Brady material Fair opportunity – Subpoena medical records – Unduly harsh sentence People v. Smith KA 14-01894 Appealed from Monroe County Court Background: The defendant appealed from his ...

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Fourth Department – Police Accountability Board: Rochester Police Locust Club v. City of Rochester

New York State Supreme Court, Appellate Division, Fourth Judicial Department Police Accountability Board Collective bargaining – Taylor Law Rochester Police Locust Club v. City of Rochester CA 20-00826 Appealed from Supreme Court, Monroe County Background: At issue on appeal is ...

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Fourth Department – Labor Law: Ramsden v. Geary

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Homeowner’s exemption – Rent-to-own Ramsden v. Geary CA 20-00741 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained when ...

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Fourth Department – Notice of physical examination: Pokorski v. FDA Logistics

New York State Supreme Court, Appellate Division, Fourth Judicial Department Notice of physical examination Cumulative – Materiality and necessity Pokorski v. FDA Logistics CA 19-02304 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for ...

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Fourth Department – Independent contractor: Raymond v. Hillebert et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Independent contractor Delivery truck rental – Question of fact Raymond v. Hillebert et al. CA 20-00569 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to recover ...

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Fourth Department – Rape and coercion: People v. O’Donnell

New York State Supreme Court, Appellate Division, Fourth Judicial Department Rape and coercion Physical abuse – Existing abusive relationship People v. O’Donnell KA 18-00606 Appealed from Cattaraugus County Court Background: The defendant appealed from his conviction of four counts of ...

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Fourth Department – Notices to admit: Pasek v. Catholic Health Systems Inc., et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Notices to admit Order of protection – Striking requests piecemeal Pasek v. Catholic Health Systems Inc., et al. CA 19-01515 Appealed from Supreme Court, Erie County Background: The plaintiff appealed ...

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Fourth Department – Wetlands and water quality permits: Niagara Mohawk Power Corp. v. NYS Dept. of Environmental Conservation

New York State Supreme Court, Appellate Division, Fourth Judicial Department Wetlands and water quality permits Invasive species mitigation – Arbitrary and capricious Niagara Mohawk Power Corp. v. NYS Dept. of Environmental Conservation CA 19-01942 Appealed from Supreme Court, Erie County ...

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