June 25, 2014 Comments Off on Fourth Department — Default Judgment: Fuentes v. Hoffman, et al.
Appellate Division, Fourth Department Default Judgment Abandonment — Excuse Fuentes v. Hoffman, et al. CA 13-01832 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action for injuries she sustained as a result of lead-based paint exposure as ...
Tagged with: Appellate Division default judgment Fourth Department
Read More »June 23, 2014 Comments Off on Fourth Department — Custody: Cheney v. Cheney
Appellate Division, Fourth Department Custody Change in Circumstances — Communication — Child’s Behavior Cheney v. Cheney CAF 13-00347 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order that awarded the petitioner father primary physical custody. ...
Tagged with: Appellate Division custody Fourth Department
Read More »June 23, 2014 Comments Off on Fourth Department — Custody — Frequent Relocations: Eastman v. Eastman
Appellate Division, Fourth Department Custody — Frequent Relocations Stable Home Environment — Down Syndrome Eastman v. Eastman CAF 13-01114 Appealed from Family Court, Jefferson County Background: The respondent-petitioner mother appealed from an order that modified a judgment of divorce by ...
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Read More »June 22, 2014 Comments Off on Fourth Department: Juror not dismissed because of race
A juror was not dismissed because of his race and jailhouse telephone calls were not private, the Appellate Division, Fourth Department has ruled in the attempted murder case of a former Buffalo man convicting of firing a rifle at his ...
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Read More »June 22, 2014 Comments Off on Fourth Department — Negligence: Allen v. Lowczus
Appellate Division, Fourth Department Negligence Jury Verdict — Inconsistent Finding of Fault Allen v. Lowczus CA 13-01640 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained in a motor vehicle accident. ...
Tagged with: Appellate Division Fourth Department negligence
Read More »June 22, 2014 Comments Off on Fourth Department — Motor Vehicle Accident: Applebee v. Bec
Appellate Division, Fourth Department Motor Vehicle Accident Serious Injury — Preexisting Condition Applebee v. Bec CA 13-01820 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action for damages resulting from a motor vehicle accident. The defendant appealed ...
Tagged with: Appellate Division Fourth Department Motor Vehicle Accident
Read More »June 19, 2014 Comments Off on Fourth Department — Negligence: Allen v. Lowczus
Appellate Division, Fourth Department Negligence Jury Verdict — Inconsistent Finding of Fault Allen v. Lowczus CA 13-01640 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained in a motor vehicle accident. ...
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Read More »June 19, 2014 Comments Off on Fourth Department — Motor Vehicle Accident: Applebee v. Beck
Appellate Division, Fourth Department Motor Vehicle Accident Serious Injury — Preexisting Condition Applebee v. Beck CA 13-01820 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action for damages resulting from a motor vehicle accident. The defendant appealed ...
Tagged with: Appellate Division Fourth Department Motor Vehicle Accident
Read More »June 19, 2014 Comments Off on Fourth Department — Suspended Judgment: Matter of Xavier O.V.
Appellate Division, Fourth Department Suspended Judgment Permanent Neglect — Voluntary Matter of Xavier O.V. CAF 13-00249 Appealed from Family Court, Monroe County Background: The father agreed to an adjournment in contemplation of dismissal with respect to the allegations in a ...
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Read More »June 19, 2014 Comments Off on Fourth Department — Family Court: Abbott v Merritt
Appellate Division, Fourth Department Family Court Joint Custody — Transfer Out-of-State Jurisdiction Abbott v Merritt CAF 12-02358 Appealed from Family Court, Oswego County Background: The petitioner mother and respondent father agreed to a stipulated order that gave them joint legal ...
Tagged with: Appellate Division Family Court Fourth Department
Read More »June 18, 2014 Comments Off on Fourth Department — Custody — Attorney For the Children: Shaw v. Bice
Appellate Division, Fourth Department Custody — Attorney For the Children Child’s Wishes — Immature Shaw v. Bice CAF 12-01899 Appealed from Family Court, Ontario County Background: The respondent mother appealed from an order awarding sole custody of the children to the ...
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Read More »June 18, 2014 Comments Off on Fourth Department — Anti-Combination Law: Sheridan Park v. New York State Div. of Cemeteries, et al.
Appellate Division, Fourth Department Anti-Combination Law Grandfather Clause — Construction of New Crematory Sheridan Park v. New York State Div. of Cemeteries, et al. CA 13-01385 Appealed from Supreme Court, Erie County Background: The petitioner appealed from a judgment denying ...
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