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Tag Archives: Fourth Department

Fourth Department — No-Fault: Briody v. Melecio

Appellate Division, Fourth Department No-Fault Serious Injury — Pre-existing Condition Briody v. Melecio CA 11-01760 Appealed from Supreme Court, Monroe County Background: The plaintiff sought damages for injuries she sustained when her vehicle was rear-ended by the defendant’s vehicle. The ...

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Fourth Department — Child out of Wedlock: In the Matter of the Estate of Bauer

Appellate Division, Fourth Department Child out of Wedlock Affidavit of Parentage — Proof of Filing In the Matter of the Estate of Bauer CA 11-01404 Appealed from Surrogate’s Court, Allegany County Background: The petitioner, as the administer of the estate, ...

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Fourth Department — Termination of Parental Rights: In the Matter of Miranda F., Brandy D., and Nicole D.

Appellate Division, Fourth Department Termination of Parental Rights Derivative Abuse In the Matter of Miranda F., Brandy D., and Nicole D. CAF 10-01802 Appealed from Family Court, Cattaraugus County Background: The respondent father appealed from a “re-amended” order granting the petitioner’s ...

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Fourth Department — Misbehavior Reports: Brown v. Fischer

Appellate Division, Fourth Department Misbehavior Reports Non-hearsay Brown v. Fischer TP 11-01688 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he had violated inmate rules as it was ...

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Fourth Department – ‘Res Ipsa Loquitur’: Backus v. Kaleida Health

Appellate Division, Fourth Department ‘Res Ipsa Loquitur’ Multiple Defendant Litigation Backus v. Kaleida Health CA 11-00620 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice action seeking damages for injuries he sustained during a donor kidney ...

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Fourth Department — Sufficiency of the Evidence: People v. Jones

Appellate Division, Fourth Department Sufficiency of the Evidence Preservation of Error People v. Jones KA 08-01360 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted after jury trial of felony drug sale and possession. On appeal he argued ...

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Fourth Department — Neglect and Abuse: In the Matter of Jayden B. and Nathan F.

Appellate Division, Fourth Department Neglect and Abuse Preponderance of the Evidence In the Matter of Jayden B. and Nathan F. CAF 11-00694 Appealed from Family Court, Oswego County Background: The petitioner appealed from a family court decision dismissing her petition ...

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Fourth Department — Insurance: Alghein v. Utica First Insurance Company

Appellate Division, Fourth Department Insurance Exclusions Alghein v. Utica First Insurance Company CA 11-01757 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a breach of contract action alleging that the defendant breached its insurance contract with the plaintiff ...

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