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Tag Archives: Appellate Division

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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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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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 ...

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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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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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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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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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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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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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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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