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Tag Archives: Appellate Division

Fourth Department — Motor Vehicle Accidents: Huff v. Rodriguez

Appellate Division, Fourth Department Motor Vehicle Accidents Possession of a Driver’s License Huff v. Rodriguez CA 11-00074 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damage for injuries she sustained in a motor vehicle accident that ...

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Fourth Department — SORA: People v. Hackett

Appellate Division, Fourth Department SORA Due Process People v. Hackett KA 11-00285 Appealed from Cattaraugus County Court Background: The defendant challenged his Level Three classification under the Sex Offender Registration Act on several grounds. First, that the judge miscalculated the ...

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Fourth Department — Youthful Offender Status: People v. Ubrich

Appellate Division, Fourth Department Youthful Offender Status Preservation People v. Ubrich KA 10-01961 Appealed from Cayuga County Court Background: The defendant pleaded to second-degree gang assault. On appeal he challenged the failure to be given youthful offender status. Ruling: Conviction ...

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Fourth Department — Duty of Care: Bready v. CSX Transportation Inc., et al.

Appellate Division, Fourth Department Duty of Care Lawful Traffic Stop Bready v. CSX Transportation Inc., et al. CA 10-01899 Appealed from Supreme Court, Onondaga County Background: The plaintiffs sought to recover damages under the Federal Employers’ Liability Act for injuries ...

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Fourth Department — Domicile: Nichols v. Bianco

Appellate Division, Fourth Department Domicile Dual-Residency Nichols v. Bianco TP 11-00935 Transferred from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that terminated her employment as a production control manager with ...

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Fourth Department — Precluded Evidence: Barnes v. State of New York

Appellate Division, Fourth Department Precluded Evidence Original Copies — Excessive Force Barnes v. State of New York CA 09-01214 Appealed from the Court of Claims Background: The claimant sought damages for injuries he sustained during an altercation with correction officers ...

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Fourth Department — Parental Rights: In the Matter of Royfik B.

Appellate Division, Fourth Department Parental Rights Mental Illness In the Matter of Royfik B. CAF 10-01972 Appealed from Family Court, Wayne County Background: The respondent mother appealed from an order terminating her parent rights based on her mental illness. Specifically, ...

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Fourth Department — Juvenile Delinquent: In the Matter of Demitrus B.

Appellate Division, Fourth Department Juvenile Delinquent Suppression — Articulable Reason In the Matter of Demitrus B. CAF 11-01011 Appealed from Family Court, Monroe County Background: The respondent appealed from an order adjudicating him to be a juvenile delinquent based upon ...

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Fourth Department — Adverse Possession: West v. Hogan

Appellate Division, Fourth Department Adverse Possession Punitive Damages West v. Hogan CA 10-01586 Appealed from Family Court, Lewis County Background: The plaintiffs commenced an action seeking a determination that they had acquired title to certain property by adverse possession. The ...

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Fourth Department — Adoption: In the Matter of Lavalle W. and Lavar W.

Appellate Division, Fourth Department Adoption Child’s Consent In the Matter of Lavalle W. and Lavar W. CAF 11-00372 Appealed from Family Court, Erie County Background: The attorney for the child appealed from the determination it would be in the best ...

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Fourth Department — Late Notice of Claim: Terrigino v. Village of Brockport

Appellate Division, Fourth Department Late Notice of Claim Conclusory Allegations of Prejudice Terrigino v. Village of Brockport CA 11-00239 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced an action seeking damages for injuries sustained by the plaintiff when ...

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