Appellate Division, Fourth Department Sex Offense Recantation People v. Martinez KA 13-02053 Appealed from Supreme Court, Monroe County Background: Defendant was convicted after a trial of rape 1st degree, involving his daughter. He brought a motion under CPL article 440 ...

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Appellate Division, Fourth Department Family Court Order Vacatur – Third-party Rights Matter of Arkadian S. CAF 14-00273 Appealed from Family Court, Cayuga County Background: The respondents appealed from an order denying the respondent mother’s motion to vacate various prior orders ...

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Appellate Division, Fourth Department Arbitration Authority Specificity of Limitation Matter of Town of Scriba CA 14-01996 Appealed from Supreme Court, Oswego County Background: The respondent-petitioners appeal from an order granting the application of the petitioner-respondent to vacate an arbitration award. ...

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Appellate Division, Fourth Department Article 78 Civil Service Law – Procedural Requirements Williams v. Troiano TP 14-01088 Transferred from Supreme Court, Onondaga County Background: The petitioner firefighter employed by the City of Syracuse was removed from active duty because of ...

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Appellate Division, Fourth Department Insurance Law Issued and Delivered in New York Carlson v. American International Group, et al. CA 13-01599 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action pursuant to Section 3420 of the Insurance ...

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Appellate Division, Fourth Department Custody Change in Schools – Change in Schedules Gardner v. Korthals CA 14-01627 Appealed from Supreme Court, Erie County Background: The defendant father moved to change the school in which the subject child is enrolled because ...

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Appellate Division, Fourth Department Bicycle Accident Proximate Cause – Failure to Stop at a Red Light Coffed v. McCarthy CA 14-01730 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action on behalf of the decedent seeking damages ...

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Appellate Division, Fourth Department Medical Malpractice Continuous Treatment – Metastasized Cancer Flint v. Zielinski, et al. CA 14-01040 Appealed from Supreme Court, Niagara County Background: The decedent commenced a medical malpractice action alleging that the defendant failed to take necessary ...

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Appellate Division, Fourth Department Motion Papers Defective – Prejudice Barnaba-Hohm v. St. Joseph’s Hospital Health Center, et al. CA 14-01642 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a medical malpractice and wrongful death action seeking damages arising ...

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Appellate Division, Fourth Department  Negligence and Labor Law Subcontractors – Scope of Work Burns v. Lecesse Construction Services CA 14-01125 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a labor law and negligence action stemming from an incident ...

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Appellate Division, Fourth Department Arbitration Subrogation Rights Town of Amherst v. Granite State Insurance Company CA 14-01337 Appealed from Supreme Court, Erie County Background: The plaintiff town was insured under a special excess policy issued by the defendant. Following a ...

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Appellate Division, Fourth Department Village Contracts Village Liability – Statute of Limitations Town of Macedon v. Village of Macedon CA 14-00288 Appealed form Supreme Court, Wayne County Background: The plaintiff commenced an action seeking to enjoin the defendant from terminating ...

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