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Tag Archives: Fourth Department

Fourth Department – Accomplice Testimony: People v Pratcher

New York State Supreme Court, Appellate Division, Fourth Judicial Department Accomplice Testimony Sufficient Corroborating Evidence People v. Pratcher KA 14-00889 Appealed from Supreme Court, Erie County Background: The defendant appealed from a conviction of murder arising from a home invasion ...

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Fourth Department – Youthful Offender: People v Minemier

New York State Supreme Court, Appellate Division, Fourth Judicial Department Youthful Offender Rational for Denial – Statements Reviewed by Sentencing Court People v. Minemier KA 12-00210 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him, ...

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Fourth Department – Manufacturing, Design and Installation Defect: Hewitt v Liverpool Central School District, et al

New York State Supreme Court, Appellate Division, Fourth Judicial Department Manufacturing, Design and Installation Defect Causal Relationship Hewitt v. Liverpool Central School District, et al. CA 15-00023 Appealed from Supreme Court, Onondaga County Background: The plaintiff, by her father, commenced ...

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Fourth Department – Arbitrator’s Authority: Matter of City of Rochester

Appellate Division, Fourth Department Arbitrator’s Authority Collective Bargaining Agreement Matter of City of Rochester CA 15-00546 Appealed from Supreme Court, Monroe County Background: The Article 75 proceeding arises from a determination by the petitioner-respondent city that denied a police sergeant’s ...

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Fourth Department – University Disciplinary Proceeding: Bud v. State University of New York at Geneseo

Appellate Division, Fourth Department University Disciplinary Proceeding Grievance Procedure Bud v. State University of New York at Geneseo TP 15-00674 Transferred from Supreme Court, Livingston County Background: Petitioner commenced an article 78 proceeding seeking to annul the determination of the ...

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Fourth Department – Arbitration: Matter of City of Lockport

Appellate Division, Fourth Department Arbitration Public Policy – Agency’s Authority Matter of City of Lockport CA 15-00626 Appealed from Supreme Court, Niagara County Background: The petitioner and respondent are parties to a collective bargaining agreement that defines grievance as including ...

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Fourth Department – Juvenile Delinquent – Robbery: Matter of Charles P.

Appellate Division, Fourth Department Juvenile Delinquent – Robbery Show-up Identification – Unduly Suggestive Matter of Charles P. CAF 14-01921 Appealed from Family Court, Monroe County Background: The respondent appealed from an order adjudicating him a juvenile delinquent based upon a ...

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Fourth Department – Deed and Contract – Right of First Refusal: Gilmore v. Jordan

Appellate Division, Fourth Department Deed and Contract – Right of First Refusal Merger – Drafting Gilmore v. Jordan CA 15-00397 Appealed from Supreme Court, Cayuga County Background: The plaintiff commenced an action seeking a determination on the viability of a ...

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Fourth Department – Toxic Tort: Abbo-Bradley v. City of Niagara Falls

Appellate Division, Fourth Department Toxic Tort Judicial Estoppel – Negligent Performance of CERCLA Remedy Abbo-Bradley v. City of Niagara Falls CA 14-02111 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action seeking to recover damages for injuries ...

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Fourth Department – Mortgage Foreclosure: First Franklin Financial Corporation v. Norton, et al.

Appellate Division, Fourth Department Mortgage Foreclosure Standing – Assignment First Franklin Financial Corporation v. Norton, et al. CA 14-00879 Appealed from Supreme Court, Chautauqua County Background: The plaintiff appealed from an order that dismissed the complaint against him and sua ...

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