January 19, 2012 Comments Off on Fourth Department — Inmates: Hogan v. Fischer
Appellate Division, Fourth Department Inmates Disobeying Orders — Fear for Safety Hogan v. Fischer CA 10-01574 Appealed from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he violated inmate rules. ...
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Read More »January 18, 2012 Comments Off on Fourth Department — Court of Claims: Green v. State
Appellate Division, Fourth Department Court of Claims Subject Matter Jurisdiction Green v. State CA 11-00437 Appealed from Court of Claims Background: The claimant, a prisoner incarcerated at the Elmira Correctional Facility, filed a claim seeking damages due to “improprieties imposed ...
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Read More »January 18, 2012 Comments Off on Fourth Department — Notice of Claim: Greece Central School District v. Garden Grove Landscape, et al.
Appellate Division, Fourth Department Notice of Claim Accrual of Breach of Contract Greece Central School District v. Garden Grove Landscape, et al. CA 11-01352 Appealed from Supreme Court, Monroe County Background: The breach of contract action arose from a school ...
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Read More »January 18, 2012 Comments Off on Fourth Department — Disciplinary Hearings: Foster v. Aurelius Fire District
Appellate Division, Fourth Department Disciplinary Hearings Insubordination Foster v. Aurelius Fire District TP 11-01255 Transferred from Supreme Court, Cayuga County Background: The petitioner brought an Article 78 proceeding challenging the determination finding him guilty of misconduct based on his insubordination ...
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Read More »January 17, 2012 Comments Off on Fourth Department — Insurance Coverage: Dzielski v. Essez Insurance Company, et al.
Appellate Division, Fourth Department Insurance Coverage Exclusions — Ambiguity Dzielski v. Essez Insurance Company, et al. CA 11-00887 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the action seeking judgment declaring that the defendant was obligated to indemnify ...
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Read More »January 17, 2012 Comments Off on Appellate decision clarifies implied assumption of risk
A licensed driver supervising an unlicensed learning driver should exercise reasonable care as an instructor and take steps to prevent negligence on the part of the driver with the learner’s permit, according to the Appellate Division, Fourth Department. In a ...
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Read More »January 16, 2012 Comments Off on Fourth Department — Visitation — Noncustodial Parent: Diedrich v. Vandermallie
Appellate Division, Fourth Department Visitation — Noncustodial Parent Presumption Diedrich v. Vandermallie CAF 11-00221 Appealed from Family Court, Wayne County Background: The father appealed the dismissal of his petition seeking visitation with his child. The court had determined that visitation ...
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Read More »January 12, 2012 Comments Off on Fourth Department — Collective Bargaining Agreements: Derosa v. Dyster, et al.
Appellate Division, Fourth Department Collective Bargaining Agreements Memorandum of Understanding Derosa v. Dyster, et al. CA 11-00560 Appealed from Supreme Court, Niagara County Background: The petitioner, a retired employee of the respondent city of Niagara Falls, commenced an Article 78 proceeding ...
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Read More »January 11, 2012 Comments Off on Fourth Department — Property Inspection Warrants: Cermak v. City of Rochester
Appellate Division, Fourth Department Property Inspection Warrants Pre-emption — Fourth Amendment Cermak v. City of Rochester CA 11-00089 Appealed from Supreme Court, Monroe County Background: The city requires that rental properties have a valid certificate of occupancy, which must be ...
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Read More »January 11, 2012 Comments Off on Fourth Department — Labor Law § 240 (1): Carney v. LeChase Construction, et al.
Appellate Division, Fourth Department Labor Law § 240 (1) Safety Devices — Structural Collapse Carney v. LeChase Construction, et al. CA 11-00957 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a Labor Law and common-law negligence action seeking ...
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Read More »January 11, 2012 Comments Off on Dedication ceremony for retired Justice Green
An Appellate Division, Fourth Department courtroom is being renamed in honor of Justice Samuel L. Green, who retired Dec. 31. Presiding Justice Henry J. Scudder announced Wednesday that the dedication of the Hon. Samuel L. Green Courtroom will be at ...
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Read More »January 10, 2012 Comments Off on Fourth Department — Medical Assistance: Capri v. Daines, et al
Appellate Division, Fourth Department Medical Assistance Cash Transfers — Joint Checking Capri v. Daines, et al. TP 11-01443 Transferred from Supreme Court, Oneida County Background: The petitioner commenced an Article 78 proceeding arguing that, as administrator of the estate of ...
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