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Legal Malpractice: Malachowski v. Daly
Appellate Division, Fourth Department Legal Malpractice Matrimonial Actions Malachowski v. Daly CA 11-00054 Appealed from Supreme Court, Oneida County Background: The plaintiff brought a legal malpractice action alleging that the defendant, who represented him in a divorce proceeding, negligently failed to discover various assets of his ex-wife. Specifically, the plaintiff alleged that the defenda[...]
Emergency Vehicle Doctrine: Lograsso v. City of Tonawanda, et al.
Appellate Division, Fourth Department Emergency Vehicle Doctrine Standard of Negligence Lograsso v. City of Tonawanda, et al. CA 11-00423 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced the action seeking damages for injuries sustained when the vehicle he was driving was struck by a police vehicle owned by the defendant. The defendants appealed […]
Zoning: Little v. Town of Fabius Zoning Board of Appeals
Appellate Division, Fourth Department Zoning Mobile Homes — Farming Operations Little v. Town of Fabius Zoning Board of Appeals TP 11-00759 Appealed from Supreme Court, Onondaga County Background: The owners of real property commenced an Article 78 proceeding challenging the determination of the defendant zoning board that upheld the issuance of a certificate of compliance […]
Judgment against nominees upheld
It is likely there will be no Independence Party candidates for supreme court in the Fifth Judicial District. The Appellate Division, Third Department, has ruled that the party’s Sept. 25 judicial convention lacked an adequate number of delegates. By law, supreme court justice candidates ...
Employment Misconduct: Licciardi v. City of Rochester
Appellate Division, Fourth Department Employment Misconduct Legal Sufficiency Licciardi v. City of Rochester TP 11-00777 Appealed from Supreme Court, Monroe County Background: The petitioner had commenced an Article 78 proceeding to annul the determination terminating his employment as a firefighter. His termination was based on four instances of misconduct that involved petitioner’s part-time [...]
Adverse Possession: King’s Court Restaurant Inc. v. Hurondel I, Inc.
Appellate Division, Fourth Department Adverse Possession Claim of Right King’s Court Restaurant Inc. v. Hurondel I, Inc. CA 11-00391 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking a declaration that it had obtained title by adverse possession or an easement by prescription over a portion of the defendant’s property. The […]
SEQRA: H.H. Warner LLC v. Rochester Genesee Regional Transportation Authority
Appellate Division, Fourth Department SEQRA Scope of Review H.H. Warner LLC v. Rochester Genesee Regional Transportation Authority OP 11-01202 Initiated in Fourth Department Background: The petitioner commenced the proceeding in order to annul the determination to condemn three of its parcels in downtown Rochester, which are currently parking lots, for use as a regional and […]
Termination of Parental Rights: In the Matter of Elizabeth J.
Appellate Division, Fourth Department Termination of Parental Rights In the Matter of Elizabeth J. CAF 10-01603 Appealed from Family Court, Oneida County Background: The respondent mother appealed from an order revoking a suspended judgment and termination of her parental rights with respect to her daughter. Ruling: The Appellate Division unanimously affirmed. First, there was a preponderance [&h[...]
SCAR Proceeding: Garth v. Assessors of Town of Perinton
Appellate Division, Fourth Department SCAR Proceeding Rational Basis Garth v. Assessors of Town of Perinton CA 11-00004 Appealed from Supreme Court, Monroe County Background: The petitioners commenced an Article 78 proceeding to annul a determination of the hearing officer in the small claims assessment review proceeding that denied their petition seeking to reduce their real […]
Conviction stands against son who killed dad
The evidence against a former Rochester college student was overwhelming to the point that his inability to confront the witness he gravely injured would not have affected the outcome. The New York State Court of Appeals on Tuesday unanimously affirmed an Appellate Division decision ...
Change of Circumstances: Grybosky v. Riordan
Appellate Division, Fourth Department Change of Circumstances Single Issue of Neglect Grybosky v. Riordan CAF 09-01654 Appealed from Family Court, Erie County Background: The petitioner father had commenced a proceeding seeking to modify a prior order awarding sole custody to the respondent mother. The father alleged that the mother had left their child alone in […]
Murder and Robbery: People v. Osborne
Appellate Division, Fourth Department Murder and Robbery Concurrent Sentences People v. Osborne KA 09-01372 Appealed from Niagara County Court Background: Convicted after trial of three counts of both murder and robbery, the defendant raised several issues on appeal. The defendant argued that severance should have been granted because on summation, co-counsel argued that DNA and […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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