September 3, 2013 Comments Off on Fourth Department — Designated Candidates: New York State Committee of the Independence Party v. Mohr
Appellate Division, Fourth Department Designated Candidates Authority of Committee New York State Committee of the Independence Party v. Mohr CAE 12-01369 Appealed from Supreme Court, Erie County Background: The petitioners commenced an action seeking a judgment declaring invalid three certificates ...
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Read More »September 3, 2013 Comments Off on Fourth Department — Dual Designation: Ward v. Mohr
Appellate Division, Fourth Department Dual Designation County Legislator — Town Councilman Ward v. Mohr CAE 13-01370 Appealed from Supreme Court, Erie County Background: The petitioner, a commissioner of the respondent Erie County Board of Elections, commenced an article 78 proceeding ...
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Read More »September 2, 2013 Comments Off on Fourth Department — Medical Malpractice: Wilk v. James, M.D.
Appellate Division, Fourth Department Medical Malpractice Deviation of Standard of Care Wilk v. James, M.D. CA 12-02019 Appealed from Supreme Court, Erie County Background: The plaintiff administratrix of her husband’s estate commenced a medical malpractice and wrongful death action. She ...
Tagged with: Appellate Division Fourth Department medical malpractice
Read More »August 29, 2013 Comments Off on Fourth Department — Contract for Commissions: Polyfusion Electronics, Inc. v. Promark Electronics, Inc.
Appellate Division, Fourth Department Contract for Commissions Principle vs. Sales Representative — Quantum Meruit Polyfusion Electronics, Inc. v. Promark Electronics, Inc. CA 12-02035 Appealed from Supreme Court, Erie County Background: The parties appealed from a judgment and award following a ...
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Read More »August 29, 2013 Comments Off on Fourth Department — Child’s Out-of-Court Statements: Christy S. v. Phonesavanh S.
Appellate Division, Fourth Department Child’s Out-of-Court Statements Emotional Wellbeing Christy S. v. Phonesavanh S. CAF 12-00935 Appealed from Family Court, Oneida County Background: The father appealed from an order determining that he had neglected his child and that modified a ...
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Read More »August 28, 2013 Comments Off on Fourth Department — Vacate Default Judgment: Piatt v. Horsley
Appellate Division, Fourth Department Vacate Default Judgment Civil Conspiracy to Commit a Tort — Damages not Calculated Piatt v. Horsley CA 12-02244 Appealed from Supreme Court, Allegany County Background: The defendant appealed from an order denying his motion seeking to ...
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Read More »August 27, 2013 Comments Off on Fourth Department — Vacate Default Judgment: Piatt v. Horsley
Appellate Division, Fourth Department Vacate Default Judgment Civil Conspiracy to Commit a Tort — Damages not Calculated Piatt v. Horsley CA 12-02244 Appealed from Supreme Court, Allegany County Background: The defendant appealed from an order denying his motion seeking to ...
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Read More »August 27, 2013 Comments Off on Fourth Department — Effective Assistance: People v. White
Appellate Division, Fourth Department Effective Assistance Constitutional Rights People v. White KA 11-00140 Appealed from Supreme Court, Erie County Background: The defendant was convicted upon a jury verdict of rape in the third degree. He contended that he was deprived ...
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Read More »August 27, 2013 Comments Off on Fourth Department — Due Process: People v. Smith
Appellate Division, Fourth Department Due Process Downward Departure People v. Smith KA 12-01762 Appealed from Erie County Court Background: The defendant was found to be a level three risk under the Sex Offender Registration Act. He contended that he was ...
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Read More »August 22, 2013 Comments Off on Fourth Department — ‘Miranda’ Warnings: People v. Jones
Appellate Division, Fourth Department Miranda’ Warnings Identification People v. Jones KA 11-02035 Appealed from Erie County Court Background: The defendant was convicted upon a nonjury verdict of assault in the second degree. She contended that the court’s refusal to suppress ...
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Read More »August 22, 2013 Comments Off on Fourth Department — Preservation of Error: People v. Koons
Appellate Division, Fourth Department Preservation of Error Sex Offender Registration Act People v. Koons KA 12-00993 Appealed from Steuben County Court Background: The defendant was found to be a level three risk under the Sex Offender Registration Act. The defendant contended ...
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Read More »August 22, 2013 Comments Off on Fourth Department — Waiver of Appeal: People v. Jones
Appellate Division, Fourth Department Waiver of Appeal Youthful Offender Status People v. Jones KA 12-00586 Appealed from Erie County Court Background: The defendant was convicted upon his guilty plea of robbery in the second degree. He contended that he did ...
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