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Tag Archives: Appellate Division

Divorce: Montero v. McFarland

Appellate Division, Third Department Divorce Separate Property-Disability Pension Montero v. McFarland 507783 Appealed from Supreme Court, Schoharie County Background: The appeal is from an order that granted the defendant’s motion for summary judgment dismissing the complaint. In 1998, the parties ...

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Pre-Arrest Lineup: People v. Brown

Appellate Division, Fourth Department Pre-Arrest Lineup People v. Brown KA 08-01039 Appealed from Erie County Court Background: The defendant appealed his murder conviction, based in part on the identification procedure employed. Four years after a shooting, police remained unable to ...

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Burglary: People v. Bergman

Appellate Division, Fourth Department Burglary Sufficiency of Evidence People v. Bergman KA 08-01368 Appealed from Oswego County Court Background: Convicted after trial of burglary and criminal mischief, the defendant contended the evidence was legally insufficient. Two entryway doors were broken ...

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Prosecutorial Misconduct: People v. Rivera

Appellate Division, Fourth Department Prosecutorial Misconduct Restitution People v. Rivera KA 08-02137 Appealed from Jefferson County Court Background: The defendant appealed his conviction of second-degree arson, contending he was denied a fair trial. The prosecutor failed to correct a witness who ...

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Evidence: People v. Anzalone

Appellate Division, Fourth Department Evidence Video Reconstruction People v. Anzalone KA 09-01432 Appealed from Livingston county Court Background: The defendant was convicted of second-degree attempted arson after trial. On appeal, he challenged the use of a videotape reconstructing the incident. ...

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Evidence: Thompson v. Mather

Appellate Division, Fourth Department Evidence Videotaped Testimony Thompson v. Mather 1437 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a medical malpractice action, alleging the defendants deviated from the standard of care in providing obstetrical and gynecological treatment ...

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Criminal Mischief: People v. Butler

Appellate Division, Fourth Department Criminal Mischief Value of Property People v. Butler KA 07-02658 Appealed from Ontario County Court Background: The defendant was convicted of a felony, criminal mischief in the third degree, as well as other crimes for throwing ...

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Pleadings: Covanta Niagara LP v. Town of Amherst

Appellate Division, Fourth Department Pleadings Notice of Claim — ‘Res Judicata’ Covanta Niagara LP v. Town of Amherst 1483 Appealed from Supreme Court, Erie County Background: The plaintiff, a solid waste disposal company, seeks damages resulting from the defendant’s alleged breach ...

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Labor Law §240: Carrow v. Bogard

Appellate Division, Fourth Department Labor Law §240 Carrow v. Bogard 1618 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the Labor Law and common-law negligence action seeking damages for injuries he suffered while erecting trusses on a pole ...

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