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Tag Archives: Appellate Division

Fourth Department — Child Neglect: In the Matter of Makayla LP

Appellate Division, Fourth Department Child Neglect Sex Offender Registration In the Matter of Makayla LP CAF 11-00689 Appealed from Family Court, Steuben County Background: The respondent father appealed from an order adjudging the he neglected his child. The father had ...

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Fourth Department — Serious Injury: Overhaff v. Perfetto

Appellate Division, Fourth Department Serious Injury Preexisting Conditions Overhaff v. Perfetto CA 11-01246 Appealed from Supreme Court, Erie County Background: The plaintiff sought damages for injuries sustained when a vehicle operated by the defendant collided with a vehicle driven by ...

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Fourth Department — Labor Law: Osgood v. KDM Development Corp, et al.

Appellate Division, Fourth Department Labor Law Third-Party Action — Manufacturer of Mobile Home Osgood v. KDM Development Corp, et al. CA 11-01565 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a labor law action seeking damages for injuries ...

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Fourth Department — Collective Bargaining Agreements: Mariano v. Town of Orchard Park

Appellate Division, Fourth Department Collective Bargaining Agreements Arbitration Mariano v. Town of Orchard Park CA 11-01623 Appealed from Supreme Court, Erie County Background: The petitioners commenced a proceeding on behalf of police officers who retired prior to January 2007. The collective bargaining ...

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Fourth Department — SEQRA: Mulligan, et al. v. Diamond Dreams at Cooperstown LTD, et al.

Appellate Division, Fourth Department SEQRA Lead Agency — ‘Ministerial vs. Discretionary Acts’ Mulligan, et al. v. Diamond Dreams at Cooperstown LTD, et al. CA 11-01514 Appealed from Supreme Court, Herkimer County Background: The petitioners commenced an Article 78 proceeding seeking ...

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Fourth Department — ‘Habeas Relief’: Morse v. Berbary, et al.

Appellate Division, Fourth Department ‘Habeas Relief’ Sex Offender Status Morse v. Berbary, et al. KAH 11-00078 Appealed from Supreme Court, Erie County Background: The petitioner sought a writ of habeas corpus alleging that his detention was illegal and that he ...

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Fourth Department — Ineffective Assistance of Counsel: In the Matter of Kenneth L.

Appellate Division, Fourth Department Ineffective Assistance of Counsel Failure to File a Motion — Default In the Matter of Kenneth L. CAF 10-01967 Appealed from Family Court, Jefferson County Background: The respondent mother appealed from an order that denied her motion to ...

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Fourth Department — Refusing to Submit to a Chemical Test: Pinton v. NYS Dept. of Motor Vehicles

Appellate Division, Fourth Department Refusing to Submit to a Chemical Test Pinton v. NYS Dept. of Motor Vehicles TP 11-01466 Transferred from Supreme Court, Monroe County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination revoking her ...

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