March 9, 2015 Comments Off on Fourth Department – Guilty Plea: People v. Darling
Appellate Division, Fourth Department – Guilty Plea – Underlying Facts People v. Darling KA 12–02108 Appealed from Chautauqua County Court Background: The defendant pleaded guilty to a drug felony, but contended on appeal that the plea was not knowing, voluntary ...
Tagged with: Appellate Division Fourth Department guilty plea
Read More »March 9, 2015 Comments Off on Fourth Department – Preservation of Error: People v. Williams
Appellate Division, Fourth Department – Preservation of Error – Reconstruction Hearing People v. Williams KA 11–01083 Background: A jury convicted the defendant of robbery. The Appellate Division had returned the case to the trial court to determine whether the defense ...
Tagged with: Appellate Division Fourth Department Fourth Department - Election Law
Read More »March 6, 2015 Comments Off on Fourth Department – Preservation of Error: People v. Moore
Appellate Division, Fourth Department – Preservation of Error – Evidence People v. Moore KA 10–00559 Appealed from Oneida County Court Background: The defendant was convicted after a bench trial of grand larceny. He argued that the judge erred in admitting ...
Tagged with: Appellate Division Fourth Department preservation of error
Read More »March 6, 2015 Comments Off on Fourth Department – Contract Interpretation: Sullivan v. Troser Management
Appellate Division, Fourth Department – Contract Interpretation – Express Language – Stock Purchase Sullivan v. Troser Management CA 14-00822 Appealed from Supreme Court, Monroe County Background: The defendant appealed from an order granting the plaintiff’s motion for partial ...
Tagged with: Appellate Division Contract Interpretation Fourth Department
Read More »March 6, 2015 Comments Off on Fourth Department – Child Custody: Matter of Lacey-Sophia T.-R.
Appellate Division, Fourth Department – Child Custody – Neglect – Leaving Child with Appropriate Caregivers Matter of Lacey-Sophia T.-R. CAF 13-01836 Appealed from Supreme Court, Jefferson County Background: The respondent mother appealed arguing that the petitioner father failed ...
Tagged with: Appellate Division Child Custody Fourth Department
Read More »March 5, 2015 Comments Off on Fourth Department – Determining Statute of Limitations: Riverview Development LLC v. City of Oswego
Appellate Division, Fourth Department Determining Statute of Limitations Substance of the Action – Administrative Acts Riverview Development LLC v. City of Oswego TP 13-01998 Appealed from Supreme Court, Oswego County Background: The appeals involve a dispute over the sale of ...
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Read More »March 5, 2015 Comments Off on Fourth Department – Bill of Particulars: Sisemore v. Leffler
Appellate Division, Fourth Department Bill of Particulars Second Supplemental Bill of Particulars – Anticipated Sequelae Sisemore v. Leffler CA 14-00949 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action seeking damages sustained as a result of a ...
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Read More »March 4, 2015 Comments Off on Fourth Department – Dangerous Condition: Morreale v. Froelich
Appellate Division, Fourth Department – Dangerous Condition – Corroded Railing – Authentication of Photographs Morreale v. Froelich CA 14-01219 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a personal injury action after he fell down a ...
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Read More »March 4, 2015 Comments Off on Fourth Department – Statute of Limitations: Niagara University v. The Hanover Insurance Company
Appellate Division, Fourth Department – Statute of Limitations – Accrual Niagara University v. The Hanover Insurance Company CA 14-01230 Appealed from Supreme Court, Niagara County Background: The defendant issued a performance bond on behalf of a construction company ...
Tagged with: Appellate Division Fourth Department statute of limitations
Read More »March 4, 2015 Comments Off on Fourth Department – Grand Jury: People v. Hoffert
Appellate Division, Fourth Department – Grand Jury – Sexual Abuse in the First Degree People v. Hoffert KA 14-00714 Appealed from Lewis County Court Background: The people appealed from an order granting the part of defendant’s omnibus motion seeking ...
Tagged with: Appellate Division Fourth Department grand jury
Read More »March 3, 2015 Comments Off on Fourth Department – School Promotion: Ifedigbo v. Buffalo Public Schools
Appellate Division, Fourth Department – School Promotion – New Position – Economic Justification Ifedigbo v. Buffalo Public Schools CA 14-00538 Appealed from Supreme Court, Erie County Background: The petitioner commenced an article 78 proceeding alleging that the respondent ...
Tagged with: Appellate Division Fourth Department
Read More »March 3, 2015 Comments Off on Fourth Department – Contract Interpretation
Appellate Division, Fourth Department – Contract Interpretation – Res Judicata – Federal Action Incredible Investments Limited v. Grenga, et al. CA 13-02142 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action in 2012 seeking a ...
Tagged with: Appellate Division Contract Interpretation Fourth Department
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