Appellate Division, Fourth Department – Youthful Offender – Appellate Discretion People v. Angel T.C. KA 13-01936 Appealed from Genesee County Court Background: The defendant pleaded guilty to criminal possession of stolen property fourth degree, based upon his actions with others in ...

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Appellate Division, Fourth Department – Subpoena Duces Tecum – Relevance – Affirmative Defense   Ziolokowski v. Han-Tek Inc. CA 14-01371 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages for injuries he sustained in a work-related ...

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Appellate Division, Fourth Department – Breach of Contract – Volunteer Fire Department – Specific Performance   Town Board of Town of Brighton v. West Brighton Fire Department CA 14-01110 Appealed from Supreme Court, Monroe County   Background: The petitioners commenced a hybrid ...

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Appellate Division, Fourth Department – Motion to Dismiss – Statute of Frauds – Supporting Pleadings   Tudisco v. Mincer CA 14-01305 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action to enforce an oral agreement concerning the purchase ...

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Appellate Division, Fourth Department – Malicious Prosecution and False Arrest – Active Role – Mall Security   Washington v. Town of Greece CA 14-00373 Appealed from Supreme Court, Monroe County   Background: The lawsuit stems from an altercation between the plaintiff and ...

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Appellate Division, Fourth Department – Guilty Plea – Failure to Provide Discovery People v. Vanvleet KA 14-00033 Appealed from Seneca County Court Background: The defendant pleaded guilty to criminal mischief, second degree. On appeal, he challenged the prosecution’s failure to ...

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Appellate Division, Fourth Department – Tax Assessment – Unlawful – Three-year Assessment Freeze – Refunds   The Torok Trust v. Town of Alexandria CA 14-01460 Appealed from Supreme Court, Jefferson County   Background: The petitioner commenced a tax certiorari proceeding ...

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Appellate Division, Fourth Department – Juvenile Delinquent – Least Restrictive Disposition   Matter of Jacob A.T. CAF 14-01015 Appealed from Family Court, Yates County   Background: The respondent appealed from three orders, each adjudicating him to be a juvenile delinquent ...

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Appellate Division, Fourth Department – Account Stated – Retention of Bills – Inference of Agreement to the Balance Due   Schwerzmann & Wise v. Town of Hounsfield CA 14-00940 Appealed from Supreme Court, Jefferson County   Background: The plaintiff law ...

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Appellate Division, Fourth Department – Body Stealing – Effective Assistance of Counsel People v. Vickers KA 11-01020 Appealed from Supreme Court, Monroe County Background: The defendant was one of several who were convicted of body stealing, opening graves and unlawful ...

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Appellate Division, Fourth Department –  Child Custody – Neglect –  Consent to Order – Appeal   Matter of Martha S. CAF 13-01091 Appealed from Family Court, Genesee County   Background: The respondent mother appeals from an order that found she ...

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Appellate Division, Fourth Department – Sex Offender Registration Act – Upward Departure People v. Sczerbaniewicz KA 14-00721 Appealed from Onondaga County Court Background: The defendant was found to be a Level III offender, high risk, under SORA. He challenged the ...

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