Appellate Division, Fourth Department Parental Rights – Termination Mental Health Exam – Long-term Foster Parents Matter of Sophia M.G.K. CAF 13-01252 Appealed from Family Court, Monroe County Background: The respondent mother appealed from the termination of her parental rights and ...

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Appellate Division, Fourth Department Custody and Visitation Personal Jurisdiction – Due Diligence Kader v. Kader CAF 14-01619 Appealed from Family Court, Niagara County Background: The mother appeals from a corrected order that denied a motion to vacate a default order ...

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Appellate Division, Fourth Department Breach of Contract – Liquidated Damages Reasonable Relationship – Evidence Great Lakes Motor Corp. v. Johnson CA 15-00442 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action alleging that the defendant breached an ...

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Appellate Division, Fourth Department Child Support Sentence – Probation or Jail Term Heffner v. Jaskowiak CAF 14-01710 Appealed from Family Court, Oswego County Background: The respondent father appeals from an order confirming a determination of the support magistrate that he ...

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Appellate Division, Fourth Department Civil Service Law – Misconduct Disclosure of Operational Decision – Termination Gafney v. Addison TP 15-00290 Transferred from Supreme Court, Jefferson County Background: The petitioner commenced an article 78 proceeding seeking to annul a determination finding ...

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Appellate Division, Fourth Department Labor Law Fall from a Ladder – Plaintiff’s Actions Fazekas v. Time Warner Cable CA 15-00374 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced a Labor Law action after the plaintiff fell from a ...

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Appellate Division, Fourth Department Slip and Fall Easement – Duty to Maintain Case v. Hazelton Court Homeowners Association CA 14-01843 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action for damages after slipping and falling on a ...

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Appellate Division, Fourth Department Mental Hygiene Law Guardianship – Judicial Order Conflicts with Health Care Proxy Matter of Catholic Family Center CA 14-01558 Appealed from Supreme Court, Monroe County Background: In this guardianship proceeding pursuant to article 81 of the ...

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Appellate Division, Fourth Department Negligent Maintenance of Smoke Detectors Proper Positioning Bulluck v. Fields CA 15-00269 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages for injuries he sustained in a fire at the defendant’s ...

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Appellate Division, Fourth Department Child Custody/Visitation Unfounded Reports to Child Protective Services Burns v. Herrod CAF 14-01146 Appealed from Family Court, Allegany County Background: The petitioner mother appealed from three orders that dismissed her modification and violation petitions and granted ...

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Appellate Division, Fourth Department Custody/Visitation Distracted Driver – Video Evidence Blair v. Digregorio CAF 14-01469 Appealed from Family Court, Onondaga County Background: The father appealed from an order that awarded sole custody of the subject child to the respondent mother. ...

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Appellate Division, Fourth District Lead Paint Exposure Co-ownership of Property – Marriage Bowman v. Zumpano, et al. CA 15-00244 Appealed from Supreme Court, Oneida County Background: The plaintiff sought damages for injuries he sustained as a result of exposure to ...

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