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Tag Archives: Appellate Division

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 ...

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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. ...

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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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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 ...

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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 ...

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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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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 ...

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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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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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