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Tag Archives: Appellate Division

Fourth Department — Modification of Visitation: Golda v. Radtke

Appellate Division, Fourth Department Modification of Visitation Not Visiting the Children Golda v. Radtke CAF 12-01077 Appealed from Family Court, Erie County Background: The petitioner mother commenced a proceeding seeking to modify visitation with respect to her four children. The respondent, ...

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Fourth Department — Child Neglect: Matter of Amodea D.

Appellate Division, Fourth Department Child Neglect Domestic Violence Matter of Amodea D. CAF 12-01175 Appealed from Family Court, Genesee County Background: The respondent father appealed from an order determining that he neglected his children. The father argued that there was ...

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Fourth Department — Real Estate Contract — Statute of Frauds: Ferchaw v. Troxel

Appellate Division, Fourth Department Real Estate Contract — Statute of Frauds Specific Performance — Declaratory Action Ferchaw v. Troxel CA 13-00190 Appealed from Supreme Court, Steuben County Background: The plaintiffs commenced an action seeking a declaration that the real estate ...

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Fourth Department — Eminent Domain — SEQRA Review: GM Components Holdings v. Town of Lockport Industrial Development Agency

Appellate Division, Fourth Department Eminent Domain — SEQRA Review Potential Development — Public Purpose GM Components Holdings v. Town of Lockport Industrial Development Agency OP 13-00836 Originated in Fourth Department Background: The petitioner commenced a proceeding seeking to annul the ...

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Fourth Department — Family Offense: Dietzman v. Dietzman

Appellate Division, Fourth Department Family Offense Testimony — Self-defense Dietzman v. Dietzman CAF 12-00970 Appealed from Family Court, Genesee County Background: The respondent, the former husband of the petitioner, appealed from an order of protection directing him to stay away ...

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Fourth Department — Settlement Agreement: Ecogen Wind v. Town of Prattsburgh Town Board, et al.

Appellate Division, Fourth Department Settlement Agreement Vested Rights — Zoning Ecogen Wind v. Town of Prattsburgh Town Board, et al. CA 12-02307 Appealed from Supreme Court, Monroe County Background: The parties appealed from a judgment that granted the petitioners’ motion ...

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Fourth Department — Zoning Regulations: Ellison Heights homeowners Association Inc. v. Ellison Heights and Town of Penfield

Appellate Division, Fourth Department Zoning Regulations Density and Open Space Restrictions — Encumbrance Ellison Heights homeowners Association Inc. v. Ellison Heights and Town of Penfield CA 12-02342 Appealed from Supreme Court, Monroe County Background: The appeals involve a dispute between ...

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Fourth Department — Breach of Contract: Badding v. Inglis, et al.

Appellate Division, Fourth Department Breach of Contract Conveyance of Title — Merger Doctrine Badding v. Inglis, et al. CA 13-00971 Appealed from Supreme Court Niagara County Background: The parties entered into a contract for the sale of residential real property owned ...

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Fourth Department — Motor Vehicle Accident: Siemucha v. Garrison

Appellate Division, Fourth Department Motor Vehicle Accident Drug Addiction — Prejudicial Siemucha v. Garrison CA 12-01126 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a personal injury action after he was rear-ended by the defendants’ vehicle. After a trial, ...

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