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Tag Archives: Appellate Division

Vicious Propensity: Krieger v. Cogar

Appellate Division, Fourth Department Vicious Propensity Abnormal to Its Class Krieger v. Cogar CA 10-02006 Appealed from Supreme Court, Niagara County Background: The plaintiffs brought this action seeking damages for injuries sustained in an accident involving the defendants’ six-day-old colt. ...

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Personal Injury: Kimball v. Normandeau, et al.

Appellate Division, Fourth Department Personal Injury Interrogatories — Depositions Kimball v. Normandeau, et al. CA 10-02309  Appealed from Supreme Court, Oswego County Background: The plaintiff brought an action to recover damages for injuries sustained arising from the exposure to lead ...

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Robbery: People v. Wright

Appellate Division, Fourth Department Robbery Inclusory Concurrent Count People v. Wright KA 09-00043 Appealed from Oneida County Court Background: The defendant was convicted of robbery first and second degree among other charges. On appeal one issue raised was that the ...

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Effective Assistance of Counsel: People v. Biro

Appellate Division, Fourth Department Effective Assistance of Counsel Pretrial and Trial Actions People v. Biro KA 10-01390 Appealed from Steuben County Court Background: The defendant was convicted after jury trial of felony aggravated DWI and other Vehicle & Traffic Law felonies. ...

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Best Interest of the Child: Carey v. Windover

Appellate Division, Fourth Department Best Interest of the Child Change in Circumstances Carey v. Windover CAF 10-00207 Appealed from Family Court, Oneida County Background: The respondent mother appealed from an order that granted the petition of the respondent father awarding ...

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NY and Senecas due in court on cigarette tax

A New York appeals court is set to consider the Seneca Indian Nation's latest challenge to New York state's plans to tax reservation cigarette sales to non-Indian customers. A hearing before the Appellate Division of state Supreme Court in Rochester is scheduled for today.

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Attorney’s sanctions upheld

Sanctions against a Buffalo attorney, ordered to pay the cost of medical experts in a personal-injury trial, will stand. The Appellate Division, Fourth Department, unanimously agreed with Monroe County Supreme Court Justice William P. Polito Jr. that Michael T. Hagelin of Hagelin Kent LLC ...

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