The Hon. Henry J. Scudder has been reappointed presiding justice of the Appellate Division, Fourth Department. The new appointment was made by incoming Gov. Andrew M. Cuomo.

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Appellate Division, Third Department Mortgages Priority — Foreclosure Sale Wells Fargo Bank v. Garrasi 510244 Appealed from Supreme Court, Albany County Background: In April 1999, a husband and wife executed two mortgage notes, one in the amount of $51,750 and ...

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Appellate Division, Third Department Breach of Contract Continuing Employment — Employment Benefits Keehle v. Diocese of Syracuse 510080 Appealed from Supreme Court, Broome County Background: The plaintiff began her employment as a teacher for defendant Diocese of Syracuse in 2004 ...

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Appellate Division, Third Department Double Jeopardy Prosecutorial Withdrawal of Accepted Plea Offer People v. Wystozaly 103096 Appealed from Supreme Court, Otsego County Background: Following his April 2008 arrest, the defendant was charged by felony complaint with driving while intoxicated. When ...

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Appellate Division, Third Department Premises Liability Department Stores — Customer-Misplaced Items Black v. Kohl’s Department Stores Inc. 509775 Appealed from Supreme Court, Albany County Background: The plaintiff commenced this personal injury action after tripping and falling in the defendant’s store. ...

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Appellate Division, Third Department   Workers’ Compensation Future Wage Expectancy Matter of Maw v. Wal-Mart 508962 Appealed from the Workers’ Compensation Board Background: This appeal is from a decision which established claimant’s wage expectancy adjustment at $450 per week. In ...

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Appellate Division, Third Department   Divorce Distribution — Marital Proceeds Coloney v. Coloney 509637 Appealed from Supreme Court, Fulton County Background: The plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement ...

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Appellate Division, Third Department Civil Service Disability Retirement Benefits Matter of Hofmann v. New York State Comptroller 510283 Article 78 Proceeding; Supreme Court, Albany County Background: The petitioner, a correction officer, was injured while attempting to break up a fight ...

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Appellate Division, Fourth Department Youthful Offender Status Denial People v. Lee KA 09-00936 Appealed from Erie County Court Background: The defendant was convicted after guilty plea to attempted murder in the second degree and robbery first degree. At sentencing he ...

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Appellate Division, Third Department Negligence Domestic Animals — Propensity for Dangerous Behavior Vichot v. Day 509920 Appealed from Supreme Court, Clinton County Background: The plaintiff was driving on a public highway when her vehicle collided with a horse owned by ...

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Appellate Division, Third Department Family Law Termination of Parental Rights — Necessity of Dispositional Hearing Matter of Kailynn WW. 509500 Appealed from Family Court, Chemung County Background: The respondent, the father of Kailynn WW., was sentenced to two years in ...

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Appellate Division, Third Department Venue Judicial Dissolutions — Corporations Matter of Supplier Distribution Concepts Inc. and MDR Custom Components LLC 510281 Appealed from Supreme Court, Broome County Background: The petitioner commenced this proceeding in supreme court in Broome County seeking ...

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