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Tag Archives: Appellate Division

Fourth Department – No-Fault Insurance – Vehicle Owner: Martin v. Lancer Insurance Company

Appellate Division, Fourth Department No-Fault Insurance – Vehicle Owner Title – Summary Judgment Martin v. Lancer Insurance Company CA 15-00255 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action alleging breach of contract seeking no fault benefits ...

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Fourth Department – Child Support: Delsignore v. Delsignore

Appellate Division, Fourth Department Child Support College Expenses – Credit Toward Child Support Award Delsignore v. Delsignore CAF 15-00372 Appealed from Supreme Court, Erie County Background: The petitioner commenced a post-judgment divorce proceeding seeking an increase in the child support ...

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Fourth Department – State Trooper Disciplinary Hearing: Hanlon v. New York State Police

Appellate Division, Fourth Department State Trooper Disciplinary Hearing Statute of Limitations – Crime Exception Hanlon v. New York State Police TP 15-00672 Transferred from Supreme Court, Monroe County Background: The petitioner commenced an article 78 proceeding seeking to annul a ...

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Fourth Department – Mortgage Foreclosure – Negligence: BAC Home Loans Servicings v. McCombie, et al.

Appellate Division, Fourth Department Mortgage Foreclosure – Negligence Punitive Damages – Counterclaims BAC Home Loans Servicings v. McCombie, et al. CA 15-00660 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced an action to foreclose on a mortgage that ...

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Fourth Department – In Rem Foreclosure – Delinquent Tax Liens: County of Livingston v. Chabot

Appellate Division, Fourth Department In Rem Foreclosure – Delinquent Tax Liens Fee Interest – Preservation of Issues on Appeal County of Livingston v. Chabot CA 14-01183 Appealed from Supreme Court, Livingston County Background: The defendants appealed from a judgment declaring ...

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Fourth Department – Breach of Contract: Anderson v. Kernan

Appellate Division, Fourth Department Breach of Contract Summary Judgment – Mutual Assent Anderson v. Kernan CA 15-00709 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking damages for the defendants’ alleged breach of a joint venture ...

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Fourth Department – Motor Vehicle Accident: Aughtmon v. Ward

Appellate Division, Fourth Department Motor Vehicle Accident Causation – Congenital and Degenerative Process Aughtmon v. Ward CA 15-00642 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action after suffering injuries in a motor vehicle accident. After discovery, ...

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Fourth Department – Certificate of Nomination: Dadey v. Czarny

Appellate Division, Fourth Department Certificate of Nomination Certified Copy of Party Rules – Affidavit of Veracity Dadey v. Czarny CAE 15-01662 Appealed from Supreme Court, Onondaga County Background: The respondents appealed from an order that invalidated the certificate of nomination ...

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Fourth Department – Family Court Referee’s Report: Witzigman v. Witzigman

Appellate Division, Fourth Department Family Court Referee’s Report No Consent to Referral Referee Witzigman v. Witzigman CAF 14-00999 Appealed from Family Court, Cattaraugus County Background: The mother and attorney for the children appealed from an order that adopted the report ...

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Fourth Department – Medical Malpractice: Westfall v. Olean General Hospital

Appellate Division, Fourth Department Medical Malpractice Class Action – Individualized Determination Westfall v. Olean General Hospital CA 14-01932 Appealed from Supreme Court, Cattaraugus County Background: The plaintiffs all received insulin injections while at the defendant hospital between November 2009 and ...

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Fourth Department – Legislative Body’s Internal Rules: Tallarino v. Oneida County Board of Legislators

Appellate Division, Fourth Department Legislative Body’s Internal Rules Challenge – Political Question Tallarino v. Oneida County Board of Legislators CA 15-00312 Appealed from Supreme Court, Oneida County Background: The petitioner commenced an article 78 proceeding seeking to annul an amendment ...

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