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Tag Archives: Appellate Division

Fourth Department — Probate — Fraud: Castor v. Pulaski, et al.

Appellate Division, Fourth Department  Probate — Fraud Standing — Extraordinary Circumstances Castor v. Pulaski, et al. CA 12-01383 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a fraud action against the defendants in connection with the probate of ...

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Fourth Department — General Municipal Law: City of Fulton v. Town of Granby

Appellate Division, Fourth Department General Municipal Law Annexation of Territory City of Fulton v. Town of Granby CA 12-02204 Initiated in the Fourth Department Background: The petitioner commenced a proceeding to annex approximately 69.5 acres of industrial and vacant land ...

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Fourth Department — Social Services Law: Williams v. Carrion

Appellate Division, Fourth Department Social Services Law Child Care Assistance — Copayment Regulation Williams v. Carrion CA 13-01257 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced a class action seeking declaratory and injunctive relief on behalf of low-income ...

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Fourth Department — Grandparent Custody: Matter of Holly B.

Appellate Division, Fourth Department Grandparent Custody Neglect — Unsanitary and Unsafe Residence Matter of Holly B. CAF 13-01253 Appealed from Family Court, Niagara County Background: The respondent father appealed from an order finding that he neglected the subject children. Ruling: ...

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Fourth Department — Homeowners’ Association: The Preserve Homeowners’ Association, Inc. v. Zhan

Appellate Division, Fourth Department Homeowners’ Association Restrictive Covenants — Powers of the Board The Preserve Homeowners’ Association, Inc. v. Zhan CA 13-01123 Appealed from Supreme Court, Onondaga County Background: The plaintiff’s Board of Directors directed the defendants to remove two ...

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Fourth Department — Discovery: In the Matter of Small Smiles Litigation

Appellate Division, Fourth Department Discovery Protective Order — Corporate Integrity Documents In the Matter of Small Smiles Litigation CA 13-01103 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced three actions alleging fraud and dental malpractice. The plaintiffs moved ...

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Fourth Department — Criminal Contempt: Schmitt v. Hon. James J. Piampiano

Appellate Division, Fourth Department Criminal Contempt Cross-Examination of Prosecution Witness Schmitt v. Hon. James J. Piampiano OP 13-01643 Initiated in the Fourth Department Background: The petitioner commenced an article 78 proceeding seeking to annul a determination finding him in contempt ...

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Fourth Department — Workers’ Compensation Board Levy Deficit Assessments: Riccelli Enterprises, Inc., et al. v. State of NY Workers’ Compensation Board

Appellate Division, Fourth Department Workers’ Compensation Board Levy Deficit Assessments Stay — Imminent Harm Riccelli Enterprises, Inc., et al. v. State of NY Workers’ Compensation Board CA 13-00761 Appealed from Supreme Court, Onondaga County Background: The respondents appealed from an ...

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Fourth Department — Legal Malpractice: Priola v. Fallon, et al.

Appellate Division, Fourth Department Legal Malpractice Continuous Representation Doctrine Priola v. Fallon, et al. CA 13-00391 Appealed from Supreme Court, Onondaga County Background: The plaintiff appealed from the dismissal of his legal malpractice action. He argues that the court erred ...

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Fourth Department — Labor Law: Piotrowski v. McGuire Manor, Inc.

Appellate Division, Fourth Department Labor Law Extended Sole Proximate Cause — Jury Charge Piotrowski v. McGuire Manor, Inc. CA 13-00856 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and negligence action after he fell from ...

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