Appellate Division, Fourth Department Post-conviction Motion Speedy Trial People v. Sweet KA 09-00188 Appealed from Supreme Court, Niagara County Background: After the defendant was convicted of robbery and related offenses at a jury trial, he moved to vacate the conviction. ...

Tagged with: Appellate Division Fourth Department Speedy trial

Appellate Division, Third Department Mechanic’s Lien Necessary Evidence for Lien Matter of Toyota Motor Credit Corporation v. Impressive Auto Center Inc. 510181 Lien Law §201-a Proceeding; Supreme Court, Albany County Background: In November 2008, respondent Impressive Auto Center Inc., a ...

Tagged with: Appellate Division Mechanic’s Lien Third Department

Appellate Division, Third Department Wills Undue Influence — Improper Execution Matter of Walker 510185 Appealed from Surrogate’s Court, Delaware County Background: The decedent died in June 2009 survived by her son, respondent and her great-grandson, Anthony D. Walker. In an ...

Tagged with: Appellate Division Third Department

Appellate Division, Fourth Department Municipal Negligence Limitations Period — Accrual of Claim Cardiff v. Carrier 1283 Appealed from Supreme Court, Oneida County Background: The plaintiffs commenced actions that were thereafter consolidated alleging, inter alia, that the Town of Lee and ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Third Department Workers’ Compensation Course of Employment — Fixed Work Sites Cardone v. Interstate Drywall 507250 Appealed from the Workers’ Compensation Board Background: The claimant, a carpenter, sought workers’ compensation benefits for injuries he sustained in a motor ...

Tagged with: Appellate Division Third Department Workers’ Compensation

Appellate Division, Fourth Department Course of Sexual Conduct Statutory Interpretation People v. Gross KA 10-01570 Appealed from Wayne County Court Background: The defendant was previously convicted of attempted sexual abuse of a child. In the present appeal, he was again ...

Tagged with: Appellate Division Fourth Department Statutory Interpretation

Appellate Division, Fourth Department Automobile Stop Search People v. Williams KA 08-02409 Appealed from Supreme Court, Monroe County Background: The defendant appealed from two convictions, one for felony weapons possession and the other for burglary. He appealed on the basis ...

Tagged with: Appellate Division Fourth Department search

Appellate Division, Fourth Department Real Property Tax Assessment Review — Appearance Before Board Matter of Finger Lakes Racing Association Inc. v. Town of Farmington 1601 RPTL Article 7 Proceeding; Supreme Court, Ontario County Background: The petitioners commenced this proceeding seeking ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Conversion Determination of Damages — Value of Property Palermo v. Taccone 1258 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced this action seeking damages based on the defendants’ conversion of certain equipment. After the ...

Tagged with: Appellate Division Fourth Department

Decision of Interest Appellate Division, Fourth Department Appellate Jurisdiction Declaratory Judgments Matter of Nelson v. Stander 1391 Article 78 Proceeding; Supreme Court, Monroe County Background: Petitioners-plaintiffs commenced this original hybrid CPLR article 78 proceeding and declaratory judgment action seeking a ...

Tagged with: Appellate Division appellate jurisdiction Decision of Interest Fourth Department

The Appellate Division, Fourth Dept. Law Library is interested in maintaining a collection of works written in whole or part by members of the local legal community.

Tagged with: Appellate Division Fourth Department legal community

Appellate Division, Fourth Department Youthful Offender Status Appellate Review People v. Brantley KA 10-00122 Appealed from Wayne County Court Background: The defendant was convicted of Attempted Burglary second degree and Escape second degree. The sentencing judge’s denial of Youthful Offender ...

Tagged with: Appellate Division appellate review Fourth Department youthful offender status