May 2, 2012 Comments Off on Fourth Department — Prisoner Grievances: Alvarez v. NYS Dept. Correctional Services
Appellate Division, Fourth Department Prisoner Grievances Exhaustion of Remedies — Sex Offender Counseling Alvarez v. NYS Dept. Correctional Services TP 11-01530 Transferred from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination ...
Tagged with: Appellate Division Fourth Department
Read More »May 2, 2012 Comments Off on Fourth Department — Custody: Barlow v. Smith
Appellate Division, Fourth Department Custody Relocation — ‘Tropea’ Factors Barlow v. Smith CAF 11-00798 Appealed from Family Court, Erie County Background: The petitioner mother appealed from an order that denied her amended petition seeking to modify a prior order of ...
Tagged with: Appellate Division custody Fourth Department
Read More »May 2, 2012 Comments Off on Fourth Department — Slip and Fall: Bermingham v. The Peter Sr. & Mar L. Liberatore Family LP
Appellate Division, Fourth Department Slip and Fall Indemnification and Contribution Bermingham v. The Peter Sr. & Mar L. Liberatore Family LP CA 11-01205 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries sustained ...
Tagged with: Appellate Division Fourth Department Slip and Fall
Read More »May 1, 2012 Comments Off on Fourth Department — Motion to Reargue: Smith v. Cassidy, et al.
Appellate Division, Fourth Department Motion to Reargue Subsequent Investigations Smith v. Cassidy, et al. CA 11-01354 Appealed from Supreme Court, Livingston County Background: The plaintiff commenced an action seeking damages resulting from a petroleum spill that occurred when the defendants ...
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Read More »May 1, 2012 Comments Off on Fourth Department — Low-income Housing: Tefft v. Hutchinson, et al.
Appellate Division, Fourth Department Low-income Housing Tenancy Termination Tefft v. Hutchinson, et al. TP 11-01955 Transferred from Supreme Court, Cayuga County Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination that terminated her tenancy at a ...
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Read More »May 1, 2012 Comments Off on Fourth Department — Grandparent Custody: Matter of Angellynn S.H.W.
Appellate Division, Fourth Department Grandparent Custody Foster Parents Matter of Angellynn S.H.W. CAF 11-00914 Appealed from Family Court, Allegany County Background: The Allegany County Department of Social Services commenced a neglect proceeding against the parents of the subject child. During the ...
Tagged with: Appellate Division Fourth Department grandparent custody
Read More »May 1, 2012 Comments Off on Fourth Department — Custody: Willard v. Holdaway
Appellate Division, Fourth Department Custody Relocation — Primary Physical Custody Willard v. Holdaway CAF 11-01578 Appealed from Family Court, Erie County Background: The mother sought custody of the parties’ child as she was relocating to Brooklyn. The family ...
Tagged with: Appellate Division custody Fourth Department
Read More »April 30, 2012 Comments Off on Fourth Department — Landlord Liability: Singleton v. Gibson, et al.
Appellate Division, Fourth Department Landlord Liability Exposed Radiator Pipes Singleton v. Gibson, et al. CA 11-01303 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action on behalf of his infant daughter, seeking damages for third-degree burns when ...
Tagged with: Appellate Division Fourth Department Landlord Liability
Read More »April 30, 2012 Comments Off on Fourth Department — Medicaid Reimbursement — Two-year Rule: Scherz and PACE CNY v. NYS Dept. of Health, et al.
Appellate Division, Fourth Department Medicaid Reimbursement — Two-year Rule Waiver Scherz and PACE CNY v. NYS Dept. of Health, et al. TP 11-01893 Transferred from Supreme Court, Onondaga County Background: The petitioner commenced an Article 78 proceeding challenging the determination of ...
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Read More »April 30, 2012 Comments Off on Fourth Department — Zoning Code: Royal Management Inc. v. Town of West Seneca
Appellate Division, Fourth Department Zoning Code Permitted Use Royal Management Inc. v. Town of West Seneca CA 11-01460 Appealed from Supreme Court, Erie County Background: The respondents appealed from a judgment annulling the determination of the Town Board of West ...
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Read More »April 30, 2012 Comments Off on Fourth Department — Insurance Agency: Radford v. Peerless Insurance Company, et al.
Appellate Division, Fourth Department Insurance Agency Special Relationship — Fiduciary Duty Radford v. Peerless Insurance Company, et al. CA 11-01905 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a breach of contract action on the grounds that the ...
Tagged with: Appellate Division Fourth Department
Read More »April 26, 2012 Comments Off on Fourth Department — Vehicle Accident: Pries-Jones v. Time Warner Cable Inc.
Appellate Division, Fourth Department Vehicle Accident Evasive Action Pries-Jones v. Time Warner Cable Inc. CA 11-02044 Appealed from Supreme Court, Orleans County Background: The plaintiffs commenced an action when the defendant’s truck backed into the front of the plaintiff’s vehicle. ...
Tagged with: Appellate Division Fourth Department Vehicle Accident
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