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Tag Archives: Appellate Division

Statutory Construction: People v. Reeb

Appellate Division, Fourth Department Statutory Construction Drug Law Reform Act People v. Reeb KA 10-01094 Appealed from Erie County Court Background: The defendant had been convicted of felonies in 1994 and 1995. He was convicted in 2004 of a drug ...

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Post-release Supervision: People v. Williams

Appellate Division, Fourth Department Post-release Supervision Constitutionality of Statute  People v. Williams KA 09-01489 Appealed from Erie County Court Background: The defendant was originally sentenced on class B felonies to a determinate sentence of 20 years, without any post-release supervision ...

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Body Parts: People v. Gayton

Appellate Division, Fourth Department Body Parts Legally Insufficient Evidence People v. Gayton KA 09-01818 Background: The defendant was one of several defendants charged with engaging in conduct that resulted in harvesting bone and tissue from cadavers. A licensed funeral director, ...

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Unemployment Insurance: Ingrao-Woods v. Commissioner of Labor

Appellate Division, Third Department Unemployment Insurance Independent Business — Disqualification Where No Profit is Seen Ingrao-Woods v. Commissioner of Labor 510411 Appealed from the Unemployment Insurance Appeal Board Background: In August 2007, claimant started an online business providing bereavement support ...

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Breach of Contract: Richmor Aviation Inc. v. Sportsflight Air Inc.

Appellate Division, Third Department Breach of Contract Modification of Trial Court’s Finding on Facts Richmor Aviation Inc. v. Sportsflight Air Inc. 509735 Appealed from Supreme Court, Columbia County Background: In June 2002, the defendant entered into a contract with the ...

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SEQRA: Matter of Shop-Rite Supermarkets Inc. v. Planning Board of Town of Wawarsing

Appellate Division, Third Department SEQRA Planning Board Duties Matter of Shop-Rite Supermarkets Inc. v. Planning Board of Town of Wawarsing 2011 N.Y. Slip Op. 01764 Article 78 Proceeding; Supreme Court, Ulster County Background: This decision concerns appeals from order that ...

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Unemployment: Matter of Buyukcekmece v. Abigail Kirsch At Tappan

Appellate Division, Third Department Unemployment Misconduct Caused by Medical Condition Matter of Buyukcekmece v. Abigail Kirsch At Tappan 510424 Unemployment Insurance Appeal Board Background: The unemployment insurance claimant worked as a server for a catering company for about a year ...

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Emotional Distress: Doin v. Dame

Appellate Division, Third Department Emotional Distress Private Nuisance — Property Rights Doin v. Dame 510560 Appealed from Supreme Court, Clinton County Background: The parties to this appeal were parties to a prior appeal before our court involving a series of ...

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