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Fourth Department – Sex Offenses: People v. Dukes
Appellate Division, Fourth Department – Sex Offenses – Duplicitousness People v. Dukes KA 12–01621 Appealed from Yates County Court Background: After a jury trial, defendant was convicted of several sex offenses. One of the issues on appeal was whether the indictment was rendered duplicitous by the victim’s trial testimony. Ruling: The victim testified [&hel[...]
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 jurisdiction to charge the crime had been established. He also challenged this issue regarding [...]
Fourth Department – SORA: People v. Wollek
Appellate Division, Fourth Department – SORA – Physical Injury People v. Wollek KA 13–01461 Appealed from Wayne County Court Background: Defendant was found to be a Level Two under the Sex Offender Registration Act, and challenged this classification on appeal. Ruling: Order affirmed. The people established by clear and convincing evidence the requisite [&hell[...]
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 action seeking to declare the municipal code unconstitutional. Their request was denied. [...]
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 and delivery. The jury rendered a verdict in favor of the defendants, finding that the [[...]
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 Sex Offender Registration Act, and was found to be a level two (moderate) risk. He […]
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 alleged negligent treatment of a foot injury he sustained while playing volleyball in the Niagara […]
Fourth Department – Motion to Reargue: Smith v. City of Buffalo
Appellate Division, Fourth Department – Motion to Reargue – Issue of Law Smith v. City of Buffalo CA 13-02070 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries that she allegedly sustained when she fell into an uncovered manhole. She appealed from an order that granted the […]
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 was struck by an automobile operated by the defendant. At the time of the accident, […]
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 and wrongful death action and was awarded money damages following a trial. The defendan[...]
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, alleging violations of the Labor Law. The defendants commenced a third-party action seeking inde[...]
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 the grounds of mental illness and permanent neglect. The court-appointed psychologist conducted a[...]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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