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Tag Archives: Fourth Department

Fourth Department — Terminating Parental Rights: In the Matter of John B. and Shawn B.

Appellate Division, Fourth Department Terminating Parental Rights Plan for Children’s Future In the Matter of John B. and Shawn B. CAF 11-00708 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order terminating her parental rights. ...

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Fourth Department — Article 78: Cappon v. Carballada

Appellate Division, Fourth Department Article 78 Transfer — Substantial Evidentiary Issue Cappon v. Carballada TP 11-01912 Transferred from Supreme Court, Monroe County Background: The petitioner sought to annul a determination finding him in violation of the Municipal Code of the ...

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Fourth Department — Child Neglect: In the Matter of Brandon B.

Appellate Division, Fourth Department Child Neglect Ineffective Assistance of Counsel In the Matter of Brandon B. CAF 10-02071 Appealed from Family Court, Erie County Background: The respondent father appealed from an order terminating his parental rights based on a finding ...

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Fourth Department — Suspended Judgments: In the Matter of Jhanelle B.

Appellate Division, Fourth Department Suspended Judgments Dispositional Hearings In the Matter of Jhanelle B. CAF 10-01707 Appealed from Family Court, Oneida County Background: The respondent mother appealed from orders that revoked a suspended judgment and that terminated her parental rights. ...

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Fourth Department — Order of Supervision: In the Matter of Cleophus B.

Appellate Division, Fourth Department Order of Supervision Conditions of Behavior In the Matter of Cleophus B. CAF 10-02163 Appealed from Family Court, Oneida County Background: The father appealed from an order that continued placement of the parties’ child in the ...

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Fourth Department — Assumed the Risk: Austin v. Buffalo Bills Inc.

Appellate Division, Fourth Department Assumed the Risk Sideline Injury Austin v. Buffalo Bills Inc. CA 11-01310 Appealed from Supreme Court, Niagara County Background: The plaintiff appealed from the grant of summary judgment dismissing his complaint. The plaintiff was injured while ...

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Fourth Department — Medical Malpractice: Abascal v. State

Appellate Division, Fourth Department Medical Malpractice Necessity of Expert Medical Evidence Abascal v. State CA 11-00215 Appealed from Court of Claims Background: The claimant brought an action seeking damages sustained as a result of a prostate examination performed at the ...

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Fourth Department — Detained Sex Offender Status: State of New York v. Williams

Appellate Division, Fourth Department Detained Sex Offender Status Order of Commitment State of New York v. Williams CA 11-01430 Appealed from Supreme Court, Chautauqua County Background: The respondent appealed from an order denying his motion to dismiss. The respondent was convicted ...

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Fourth Department — ‘Guardian Ad Litem’: Matter of Manufacturers and Traders Trust Co.

Appellate Division, Fourth Department ‘Guardian Ad Litem’ Reasonable Fee Matter of Manufacturers and Traders Trust Co. CA 11-01621 Appealed from Surrogate’s Court, Monroe County Background: The appellant appealed from a decree that awarded compensation to the respondent, a guardian ad ...

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Fourth Department — Serious Injury: Langensiepen v. Kruml

Appellate Division, Fourth Department Serious Injury Significant Disfigurement Langensiepen v. Kruml CA 11-01139 Appealed from Supreme Court, Steuben County Background: The plaintiff commenced an action seeking damages for the injuries he sustained when the defendant’s vehicle struck a tree. The ...

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