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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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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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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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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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 ...

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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 ...

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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 ...

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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 ...

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