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Tag Archives: Fourth Department

Fourth Department — Neglect: In the matter of Damian G. and Madison G.

Appellate Division, Fourth Department Neglect Alcohol Related Incidents In the matter of Damian G. and Madison G. CAF 10-00960; CAF 10-01045 Appealed from Family Court, Oneida County Background: The parents appealed from a determination that their two children were neglected. ...

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Fourth Department — General Municipal Law: Wydra v. City of Rochester

Appellate Division, Fourth Department General Municipal Law Work Related Injury — Mental Illness Wydra v. City of Rochester TP 11-00163 Transferred from Supreme Court, Monroe County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to discontinue ...

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Fourth Department — Insurance Exclusion: Viscosi v. Preferred Mutual Insurance Company

Appellate Division, Fourth Department Insurance Exclusion Water Damage Viscosi v. Preferred Mutual Insurance Company CA 11-00508 Appealed from Supreme Court, Oneida County Background: The plaintiff brought an action alleging a breach of an insurance policy issued by the defendant. A ...

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Fourth Department — Late Notice of Claim: Doe v. North Tonawanda Central School District

Appellate Division, Fourth Department Late Notice of Claim Infancy Doe v. North Tonawanda Central School District CA 11-00699 Appealed from Supreme Court, Niagara County Background: The claimant sought leave to serve a late notice of claim upon the respondent. The ...

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Fourth Department — Breach of Contract: Crane-Hogan Structural Systems Inc. v. State of New York

Appellate Division, Fourth Department Breach of Contract Force Account Crane-Hogan Structural Systems Inc. v. State of New York CA 10-02278 Appealed from Court of Claims Background: The claimant had brought an action seeking damages for the defendant’s breach of a ...

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Fourth Department — Open and Obvious Risk: Bevan v. Murray, et al.

Appellate Division, Fourth Department Open and Obvious Risk Inference of Cause Bevan v. Murray, et al. CA 11-00639 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced the action seeking damages for injuries she had sustained when she fell ...

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Fourth Department — Setting Aside a Verdict: Todd v. PLSIII LLC, et al.

Appellate Division, Fourth Department Setting Aside a Verdict Standard Todd v. PLSIII LLC, et al. CA 11-00712 Appealed from Supreme Court, Niagara County Background: The plaintiff, Todd, was a passenger in a vehicle driven by Hasley, a defendant and plaintiff. ...

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Fourth Department — Adoption: In the Matter of Jose T.

Appellate Division, Fourth Department Adoption Permanency Placement Goal — Alternative Planned Living Arrangement In the Matter of Jose T. CAF 11-00371 Appealed from Family Court, Erie County Background: The attorney for the child appealed from an order contending that the ...

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Fourth Department — Recreational Use Statute: Sabia v. Niagara Mohawk Power Corporation, et al.

Appellate Division, Fourth Department Recreational Use Statute Condition of the Property Sabia v. Niagara Mohawk Power Corporation, et al. CA 11-00172 Appealed from Supreme Court, Erie County Background: The plaintiff decedent was killed while operating a snowmobile on a trail ...

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Fourth Department — Default Judgment: Garber & Associates v. Zuber, et al.

Appellate Division, Fourth Department Default Judgment Out-of-State Court Garber & Associates v. Zuber, et al. CA 10-02518 Appealed from Supreme Court, Monroe County Background: The plaintiff had commenced an action to enforce a California judgment upon the default of the ...

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

Appellate Division, Fourth Department Sex Offender Status Expert Testimony State of New York v. Blair CA 10-01692 Appealed from Supreme Court, Allegany County Background: The respondent appealed from an order determining that he was a dangerous sex offender requiring confinement ...

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Fourth Department — Premise Liability: Starr v. Holes

Appellate Division, Fourth Department Premise Liability Landlord’s Duty to Repair Starr v. Holes CA 11-00644 Appealed from Supreme Court, Cattaraugus County Background: The plaintiff brought this action on behalf of his daughter for injuries she sustained when she fell into ...

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