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Tag Archives: Appellate Division

Fourth Department – Disability Discrimination: County of Erie v. NYS Division of Human Rights

Appellate Division, Fourth Department – Disability Discrimination – Reasonable Accommodation – Undue Hardship   County of Erie v. NYS Division of Human Rights TP 14-00416 Transferred from Supreme Court, Erie County   Background: The two proceedings arise from the same disability ...

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Fourth Department – Environmental Clean-up: Bero Family Partnership, et al. v. Elardo, et al.

Appellate Division, Fourth Department – Environmental Clean-up – Indemnification   Bero Family Partnership, et al. v. Elardo, et al. CA 14-00390 Appealed from Supreme Court, Monroe County   Background: The plaintiffs commenced an action seeking damages for the cost of remediating ...

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Fourth Department – Declaratory Actions: Bristol Homeowners Environmental Preservation Associates v. Town of South Bristol, et al.

Appellate Division, Fourth Department – Declaratory Actions – Statute of Limitations – Article 78 Proceedings   Bristol Homeowners Environmental Preservation Associates v. Town of South Bristol, et al. CA 14-00091 Appealed from Supreme Court, Ontario County   Background: The defendant issued ...

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Fourth Department: Cardwell v. Mighells

Appellate Division, Fourth Department – Visitation – Sex Offender Risk Assessment   Cardwell v. Mighells CAF 13-02130 Appealed from Family Court, Cattaraugus County   Background: The petitioner father commenced an action seeking visitation with the parties’ two-year-old daughter. Following a trial, ...

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Fourth Department – Lead Paint Litigation: Faison v. Luong

Appellate Division, Fourth Department – Lead Paint Litigation – Actual or Constructive Knowledge of Hazard   Faison v. Luong CA 13-01391 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action seeking damages for injuries sustained as a ...

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Fouth Department – Family Court: Matter of Tyler W.

Appellate Division, Fourth Department – Family Court – Dispositional Hearing – Adjournment – Good Cause   Matter of Tyler W. CAF 13-00754 Appealed from Family Court, Chautauqua County   Background: The respondent mother appealed from an order finding that she neglected ...

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Fourth Department – Custody/Visitation: Van Dyke v. Cole

Appellate Division, Fourth Department – Custody/Visitation – Extraordinary Circumstances – Safe Home Environment   Van Dyke v. Cole CAF 13-00284 Appealed from Family Court, Cattaraugus County   Background: Previously, the parties stipulated to an order granting the father’s wife custody of ...

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Fourth Department – Termination of Visitation: Tuttle v. Mateo

Appellate Division, Fourth Department – Termination of Visitation – Child’s Wishes   Tuttle v. Mateo CAF 14-00850 Appealed from Family Court, Ontario County   Background: The petitioner mother appealed from an order dismissing her petition against the respondent stepmother alleging the ...

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Fourth Department – Habeas Corpus: State of New York ex rel. v. Fischer

Appellate Division, Fourth Department – Habeas Corpus – Parole Violation – Indeterminate Sentence – Interruption   State of New York ex rel. v. Fischer KAH 13-01905 Appealed from Supreme Court, Livingston County   Background: The respondents appealed from a judgment granting ...

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Fourth Department – Parental Rights: Matter of Anastasia S.

Appellate Division, Fourth Department – Parental Rights – Permanent Neglect – Diligent Efforts to Strengthen Relationship   Matter of Anastasia S. CAF 13-00477 Appealed from Family Court, Cattaraugus County   Background: The respondent father appealed from an order terminating his parental ...

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