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Tag Archives: Appellate Division

Fourth Department — Neglect Petition: Matter of Nicholas C.

Appellate Division, Fourth Department Neglect Petition Hearsay Evidence Matter of Nicholas C. CAF 11-01532 Appealed from Supreme Court, Onondaga County Background: The respondent father appealed from an order that determined that he neglected his child. Ruling: The Appellate Division reversed. ...

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Fourth Department — Suppression of Evidence: People v. Daniels

Appellate Division, Fourth Department Suppression of Evidence Reasonable Suspicion People v. Daniels KA 09-01287 Appealed from Monroe County Background: The defendant was convicted of third- and fifth-degree possession of a controlled substance. The defendant claimed that the cocaine in his ...

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Fourth Department — Article 78:

Appellate Division, Fourth Department Article 78 Res Judicata Buffalo Professional Firefighters Assoc. v. Buffalo Fiscal Stability Authority CA 12-02126 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding challenging the authority of the Buffalo Fiscal ...

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Fourth Department — Incarcerated Father: Brown v. Divelbliss

Appellate Division, Fourth Department Incarcerated Father Visitation — Presumption Brown v. Divelbliss CAF 12-00555 Appealed from Family Court, Wayne County Background: The petitioner father, an inmate serving a 15-year sentence in state prison, appealed from an order dismissing his petition ...

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Fourth Department — Sole Custody — Abandoned Child: Bowie v. Erie County Children’s Services

Appellate Division, Fourth Department  Sole Custody — Abandoned Child  Notice Parent — Consent Parent Bowie v. Erie County Children’s Services CAF 12-00097 Appealed from Family Court, Erie County Background: The petitioner father appealed from an order denying his petition seeking sole ...

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Fourth Department — Statute of Limitations: Boardman v. Kennedy

Appellate Division, Fourth Department  Statute of Limitations Matrimonial Stipulation Boardman v. Kennedy CA 12-01742 Appealed from Supreme Court, Ontario County Background: The plaintiff, the ex-wife of the decedent, commenced an action against the decedent’s widow as executrix of the decedent’s ...

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Fourth Department — Order of Protection: Matter of Anna B. and William B.

Appellate Division, Fourth Department  Order of Protection Termination of Parental Rights — Standing Matter of Anna B. and William B. CAF 12-00562 Appealed from Family Court, Erie County Background: The petitioner father commenced a proceeding seeking to vacate or modify ...

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Fourth Department — Juvenile Delinquent: Matter of Brandon A.

Appellate Division, Fourth Department   Juvenile Delinquent Facially Sufficient Petition Matter of Brandon A. CAF 12-01651 Appealed from Family Court, Livingston County Background: The respondent child appealed from an order finding him a juvenile delinquent based upon his admission that he ...

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Fourth Department — Discovery — Privilege: Christine Andolina-Stovcsik v. Conesus Lake Nursing Home LLC, et al.

Appellate Division, Fourth Department  Discovery — Privilege Privilege Log — On Appeal Christine Andolina-Stovcsik v. Conesus Lake Nursing Home LLC, et al. CA 12-00526 Appealed from Supreme Court, Livingston County Background: The plaintiff commenced a wrongful death action after the plaintiff’s ...

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