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Tag Archives: Appellate Division

Breach of Contract: Keehle v. Diocese of Syracuse

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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Double Jeopardy: People v. Wystozaly

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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Premises Liability: Black v. Kohl’s Department Stores Inc.

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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Workers’ Compensation: Matter of Maw v. Wal-Mart

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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Divorce: Coloney v. Coloney

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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Civil Service: Matter of Hofmann v. New York State Comptroller

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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Negligence: Vichot v. Day

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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Venue: Matter of Supplier Distribution Concepts Inc. and MDR Custom Components LLC

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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