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Tag Archives: Appellate Division

Fourth Department – Disclosure: Kirby v. Kenmore Mercy Hospital

Appellate Division, Fourth Department – Disclosure – Office of Professional Medical Conduct Report   Kirby v. Kenmore Mercy Hospital CA 14-00223 Appealed from Supreme Court, Erie County   Background: The plaintiff, as executrix of the estate of the decedent, commenced a ...

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Fourth Department – Article 78: Malcolm v. New York State Department of Labor

Appellate Division, Fourth Department – Article 78 – Jurisdiction   Malcolm v. New York State Department of Labor CA 13-01283 Appealed from Supreme Court, Monroe County   Background: The petitioner commenced an article 78 proceeding seeking to vacate a determination that ...

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Fourth Department – Prisoner Litigation: Appellate Division, Fourth Department – Prisoner Litigation

Appellate Division, Fourth Department – Prisoner Litigation – Disciplinary Proceedings – Substantial Evidence   Parara v. Artus TP 14-00430 Transferred from Supreme Court, Livingston County   Background: The petitioner commenced an article 78 proceeding seeking to annul a determination following a ...

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Fourth Department – Zoning: Jones v. Town of Carroll

Appellate Division, Fourth Department – Zoning – Collateral Estoppel   Jones v. Town of Carroll CA 14-00282 Appealed from Supreme Court, Chautauqua County   Background: The plaintiff and her husband purchased 50 acres of property in an agricultural/residential zoning district in ...

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Fourth Department – Trustee: Matter of JPMorgan Chase Bank

Appellate Division, Fourth Department – Trustee – Fiduciary Duty – Prudence vs. Performance   Matter of JPMorgan Chase Bank CA 14-00062 Appealed from Surrogate’s Court, Monroe County   Background: The objectant appealed from an amended order granting the motion of the ...

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Fourth Department – Parental Rights: Matter of Sapphire A.J.

Appellate Division, Fourth Department – Parental Rights – Termination – Diligent Efforts   Matter of Sapphire A.J. CAF 13-00472 Appealed from Family Court, Monroe County   Background: The respondent mother appeals from an order that terminated her parental rights with respect ...

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Fourth Department – Modification of Custody Order: Gelster v. Burns

Appellate Division, Fourth Department – Modification of Custody Order – Clos of Proof – Motion to Dismiss Petition   Gelster v. Burns CAF 13-01255 Appealed from Family Court, Erie County   Background: The petitioner mother appealed from the dismissal of her ...

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Fourth Department – Conversion: Heckl v. Walsh

Appellate Division, Fourth Department – Conversion – Replevin – Specific Funds   Heckl v. Walsh CA 13-02239 Appealed from Supreme Court, Erie County   Background: The plaintiffs commenced an action asserting conversion, replevin and fraud in connection with the alleged embezzlement ...

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Fourth Department – Agency Reimbursement: County of Niagara v. Shah

Appellate Division, Fourth Department – Agency Reimbursement – Overburden Costs – Medicaid – Special Facts Exception   County of Niagara v. Shah CA 13-02010 Appealed from Supreme Court, Niagara County   Background: The petitioner county commenced a hybrid article 78 proceeding ...

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Fourth Department – Eminent Domain: Eisenhauer v. County of Jefferson

Appellate Division, Fourth Department – Eminent Domain – Public Purpose – Discretion of Condemnor   Eisenhauer v. County of Jefferson OP 14-00510 Initiated in the Appellate Division   Background: The petitioner commenced a proceeding seeking judicial review of the respondent’s determination ...

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Fourth Department – Discrimination: Coles v. New York State Division of Human Rights

Appellate Division, Fourth Department – Discrimination – Disability – Light-duty Position – Permanent Disability   Coles v. New York State Division of Human Rights TP 14-00333 Transferred from Supreme Court, Erie County   Background: The petitioner commenced a proceeding pursuant to ...

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