Please ensure Javascript is enabled for purposes of website accessibility
Home (page 180)

Tag Archives: Appellate Division

Medicaid Reimbursement: Sisters of Charity Hospital v. Daines, MD et al.

Appellate Division, Fourth Department Medicaid Reimbursement Article 78 Sisters of Charity Hospital v. Daines, MD et al. CA 10-02018 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination that calculated its ...

Read More »

Ineffective Assistance of Counsel: People v. Kurkowski

Appellate Division, Fourth Department Ineffective Assistance of Counsel Lesser Included Offense People v. Kurkowski KA 10-01579 Appealed from Erie County Court Background: The defendant was charged with assault in the first degree. He was convicted at a bench trial of ...

Read More »

Indictment Date: People v. Nappi

Appellate Division, Fourth Department Indictment Date People v. Nappi KA 10-00826 Appealed from Herkimer County Court Background: After a jury trial convicting the defendant of criminal possession of a weapon, he contended that the date stated in the indictment varied ...

Read More »

Guilty Plea: People v. Hernandez

Appellate Division, Fourth Department Guilty Plea Postrelease Supervision People v. Hernandez KA 07-00531 Appealed from Monroe County Background: When the defendant pleaded guilty to attempted robbery in the second degree, the judge only informed him that he would receive the ...

Read More »

Ineffective Assistance of Counsel: People v. Kilbury

Appellate Division, Fourth Department Ineffective Assistance of Counsel Severance People v. Kilbury KA 07-01561 Appealed from Onondaga County Court Background: The defendant was convicted of several counts of sexual assault after a jury trial. On appeal he argued that his ...

Read More »

Assumption of Risk: Renee v. North Collins Central School Dist.

Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid ...

Read More »

Anticipatory Repudiation: Howard v. Bioworks Inc.

Appellate Division, Fourth Department Anticipatory Repudiation Howard v. Bioworks Inc. CA 10-02497 Appeal from the Supreme Court, Ontario County   Background: The plaintiff commenced a breach of contract action against the defendant alleging that the defendant failed to pay him deferred ...

Read More »

Sex Offender Registration Act: People v. Tooley

Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Tooley KA 10-00357 Background: Defendant was adjudicated a Level 3 offender (high risk) under the Sex Offender Registration Act. On appeal he argued that an “upward departure” to ...

Read More »