Please ensure Javascript is enabled for purposes of website accessibility
Home (page 71)

Tag Archives: Appellate Division

Fourth Department — Custody/Visitation — Domestic Violence: Pecore v. Blodgett

Appellate Division, Fourth Department Custody/Visitation — Domestic Violence School Age — Change in Circumstances Pecore v. Blodgett CAF 12-01705 Appealed from Family Court, Oswego County Background: The petitioner-respondent mother commenced a proceeding seeking to modify an order entered upon stipulation ...

Read More »

Fourth Department — Slip and Fall: Patane v. Perry, et al.

Appellate Division, Fourth Department Slip and Fall Landlord Liability — Causation Patane v. Perry, et al. CA 12-02397 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced action after falling down a flight of stairs in the common area ...

Read More »

Fourth Department — Declaratory Action: Ortiz v. Kelly

Appellate Division, Fourth Department Declaratory Action Sua Sponte Dismissal — Appeal as of Right Ortiz v. Kelly CA 13-00534 Transferred from Supreme Court, Oneida County Background: The petitioner commenced an article 78 and declaratory action in order to challenge the determination ...

Read More »

Fourth Department — Premise Liability — Third-party Action: Paro v. Piedmont Land and Cattle

Appellate Division, Fourth Department Premise Liability — Third-party Action Negligent Excavation — Contribution Paro v. Piedmont Land and Cattle CA 13-00575 Appealed from Supreme Court, Jefferson County Background: The defendant third-party plaintiff is owner of a parking lot. It entered a contract ...

Read More »

Fourth Department — Inmate — Litigation Costs: Martinez v. State of New York

Appellate Division, Fourth Department Inmate — Litigation Costs Proper Venue — Protective Order Martinez v. State of New York CA 12-01352 Appealed from Court of Claims Background: The claimant, an inmate in a correctional facility, brought a slip and fall action ...

Read More »

Fourth Department — Relation-back Doctrine: Nasca v. Mark Louis Delmonte

Appellate Division, Fourth Department Relation-back Doctrine Piercing the Corporate Veil Nasca v. Mark Louis Delmonte CA 13-00362 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a medical malpractice action for injuries sustained during a cervical manipulation conducted by ...

Read More »

Fourth Department — Inmate — Litigation Costs: Martinez v. State of New York

Appellate Division, Fourth Department Inmate — Litigation Costs Proper Venue — Protective Order Martinez v. State of New York CA 12-01352 Appealed from Court of Claims Background: The claimant, an inmate in a correctional facility, brought a slip and fall ...

Read More »

Fourth Department — Medical Examinations: Martinez v. Murdock

Appellate Division, Fourth Department Medical Examinations Time Limits — Extension of Time Martinez v. Murdock CA 13-00577 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action after being injured in a motor vehicle accident. The plaintiff served ...

Read More »

Fourth Department — Child Custody: Matter of Lebraun H.

Appellate Division, Fourth Department  Child Custody Neglect — Sex Abuse Allegations — Evidence of Sexual Abuse Matter of Lebraun H. CAF 11-02392 Appealed from Family Court, Erie County Background: The petitioner Department of Social Services commenced an Article 10 proceeding ...

Read More »

Fourth Department — Medical Malpractice: Harden v. Faulk

Appellate Division, Fourth Department Medical Malpractice Alternative Theory of Causation — Juror Misconduct Harden v. Faulk CA 13-00705 Appealed from Supreme Court, Chautauqua County Background: The plaintiff brought a medical malpractice action against the physician that initially treated her ankle ...

Read More »

Fourth Department — Custody: Lawson v. Lawson

Appellate Division, Fourth Department Custody Private Immoral Conduct — Children’s Needs Lawson v. Lawson CAF 12-02126 Appealed from Family Court, Monroe County Background: The respondent father appealed from an order that awarded sole custody and primary physical residence of the parties’ ...

Read More »

Fourth Department — Sex Offender Registration Act: Thomas v. NY Executive Department, et al.

Appellate Division, Fourth Department Sex Offender Registration Act Registration Obligation — Risk Level Vacated Thomas v. NY Executive Department, et al. CA 13-00227 Appealed from Supreme Court, Monroe County Background: The petitioner commenced a proceeding seeking a declaration that he was not ...

Read More »