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Tag Archives: Appellate Division

Fourth Department – County’s Jurisdiction: People v. Maldonado

Appellate Division, Fourth Department – County’s Jurisdiction – Double Jeopardy   People v. Maldonado  KA 13–00307 Appealed from Supreme Court, Erie County   Background: The defendant was convicted by a jury of Grand Larceny third degree, and challenged whether the county’s ...

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Fourth Department – Ordinance: Turner v. Municipal Code Violations Bureau of City of Rochester

Appellate Division, Fourth Department – Ordinance – Void for Vagueness Turner v. Municipal Code Violations Bureau of City of Rochester CA 14-00572 Appealed from Supreme Court, Monroe County   Background: The petitioners-plaintiffs commenced a hybrid article 78 proceeding and declaratory judgment ...

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Fourth Department – Proximate Cause: Tallarico v. Kolli

Appellate Division, Fourth Department – Proximate Cause – Medical Malpractice – Jury’s Verdict   Tallarico v. Kolli CA 13-02248 Appealed Supreme Court, Niagra County   Background: The plaintiffs commenced a medical malpractice action for injuries their child received during the labor ...

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Fourth Department – Sex Offender Registration Act:

Appellate Division, Fourth Department – Sex Offender Registration Act – Prior Youthful Offender Adjudication   People v. Williams KA 14–00259 Appealed from Erie County Court   Background: After being convicted of a sex offense, defendant was required to register under the ...

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Fourth Department – Summary Judgment Motions: Sweney v. County of Niagara

Appellate Division, Fourth Department – Summary Judgment Motions – Time Limit – Stricken Note of Issue   Sweney v. County of Niagara CA 14-00275 Appealed from Supreme Court, Niagara County   Background: The plaintiff commenced a medical malpractice action for the ...

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Fourth Department – Wrongful Death: Rice v. Corasanti

Appellate Division, Fourth Department – Wrongful Death – Conscious Pain and Suffering – Protective Order Rice v. Corasanti CA 14-00703 Appealed from Supreme Court, Erie County   Background: The plaintiffs seek damages for fatal injuries sustained by the decedent when she ...

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Fourth Department – Medical Malpractice: Mazella v. Beals, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department – Medical Malpractice – Expert Testimony – Jury’s Interpretation   Mazella v. Beals, et al. CA 13-01421 Appealed from Supreme Court, Onondaga County   Background: The plaintiff commenced a medical malpractice ...

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Fourth Department – Construction Accident: Mayer v. Conrad

Appellate Division, Fourth Department – Construction Accident – Excavation Work – Premises Liability   Mayer v. Conrad CA 14-00281 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a wrongful death action arising out of a construction site accident, ...

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Fourth Department – Termination of Parental Rights: Matter of Joseph E.K.

Appellate Division, Fourth Department – Termination of Parental Rights – Schizophrenia   Matter of Joseph E.K. CAF 13-01888 Appealed from Family Court, Niagara County   Background: The respondent mother appealed from orders terminating her parental rights to the subject child on ...

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