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Tag Archives: Appellate Division

Fourth Department – Sexual Harassment: Jones v. NYS Division of Human Rights

Appellate Division, Fourth Department – Sexual Harassment – Text Messages – Verification of Source   Jones v. NYS Division of Human Rights TP 14-00653 Transferred from Supreme Court, Chautauqua County   Background: The petitioner commenced an article 78 proceeding to annul ...

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Fourth Department – Juvenile Delinquent: Matter of Ander G., III

Appellate Division, Fourth Department – Juvenile Delinquent – Manslaughter – “Knockout Game”   Matter of Ander G., III CAF 14-00618 Appealed from Family Court, Onondaga County   Background: The respondent appealed from an order adjudicating him to be a juvenile delinquent ...

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Fourth Department – Confidential HIV Information: Dawud H. v. State of New York

Appellate Division, Fourth Department – Confidential HIV Information – Disclosure   Dawud H. v. State of New York CA 14-00215 Appealed from the Court of Claims   Background: The claimant sought a civil penalty and compensatory damages for the allegedly unauthorized ...

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Fourth Department – Wrongful Death: Freeland v. Erie County, et al.

Appellate Division, Fourth Department – Wrongful Death – Guardians for Children – Standing   Freeland v. Erie County, et al. CA 13-01411 Appealed from Supreme Court, Erie County   Background: The underlying actions arose from the suicide of the decedent while ...

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Fourth Department: Etasam, Inc. v. The Syracuse Association of Zeta Psi, Inc.

Appellate Division, Fourth Department Lease Agreement Statute of Frauds – Agreement to Agree Etasam, Inc. v. The Syracuse Association of Zeta Psi, Inc. CA 14-00504 Appealed from Supreme Court, Onondaga County Background: The plaintiff not-for-profit corporation operates a fraternity at ...

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Fourth Department: Matter of Kayla F.

Appellate Division, Fourth Department Juvenile Delinquency PINS Behavior – Substitution of Disposition Matter of Kayla F. CAF 14-00547 Appealed from Family Court, Monroe County Background: The respondent appeals from an amended order adjudicating her a juvenile delinquent. The respondent argues ...

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Fourth Department – Personal Injury: Ulicki v. Jarka, et al.

Appellate Division, Fourth Department – Personal Injury – Proximate Cause – Maintenance of Roads   Ulicki v. Jarka, et al. CA 14-00123 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a personal injury and wrongful death action after ...

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Fourth Department – Municipal Liability: Craig v. Town of Richmond

Appellate Division, Fourth Department – Municipal Liability – Pavement Conditions – Prior Written Notice   Craig v. Town of Richmond CA 14-00652 Appealed from Supreme Court, Ontario County   Background: The plaintiff commenced an action after he was thrown from his ...

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Fourth Department – Trust Funds: Matter of the Application for the Rescission of the Dehimer Irrevocable Trust

Appellate Division, Fourth Department – Trust Funds – Breach of Fiduciary Duty – Distribution of Trust Funds to Create New Trusts   Matter of the Application for the Rescission of the Dehimer Irrevocable Trust CA 13-01305 Appealed from Surrogate’s Court, Oneida ...

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Fourth Department – Negligence: Ritchie v. Churchville-Chili Central School District

Appellate Division, Fourth Department – Negligence – School’s Duty of Care – Custody or Control   Ritchie v. Churchville-Chili Central School District CA 14-00251 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action seeking damages for injuries ...

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Fourth Department – Motor Vehicle Accident: Simoneit v. Mark Cerrone, Inc.

Appellate Division, Fourth Department – Motor Vehicle Accident – Spoliation – Affirmative Defenses   Simoneit v. Mark Cerrone, Inc. CA 14-00370 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action after sustaining injuries in a motor vehicle ...

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Fourth Department – Article 78: Tonawanda Seneca Nation v. Hon. Robert C. Noonan, et al.

Appellate Division, Fourth Department – Article 78 – Jurisdiction – Judge’s Acting Role   Tonawanda Seneca Nation v. Hon. Robert C. Noonan, et al. OP 13-01937 Initiated in Fourth Judicial Department   Background: The petitioner commenced an article 78 proceeding ...

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