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Tag Archives: Fourth Department

Fourth Department — Precluded Evidence: Barnes v. State of New York

Appellate Division, Fourth Department Precluded Evidence Original Copies — Excessive Force Barnes v. State of New York CA 09-01214 Appealed from the Court of Claims Background: The claimant sought damages for injuries he sustained during an altercation with correction officers ...

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Fourth Department — Parental Rights: In the Matter of Royfik B.

Appellate Division, Fourth Department Parental Rights Mental Illness In the Matter of Royfik B. CAF 10-01972 Appealed from Family Court, Wayne County Background: The respondent mother appealed from an order terminating her parent rights based on her mental illness. Specifically, ...

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Fourth Department — Juvenile Delinquent: In the Matter of Demitrus B.

Appellate Division, Fourth Department Juvenile Delinquent Suppression — Articulable Reason In the Matter of Demitrus B. CAF 11-01011 Appealed from Family Court, Monroe County Background: The respondent appealed from an order adjudicating him to be a juvenile delinquent based upon ...

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Fourth Department — Adverse Possession: West v. Hogan

Appellate Division, Fourth Department Adverse Possession Punitive Damages West v. Hogan CA 10-01586 Appealed from Family Court, Lewis County Background: The plaintiffs commenced an action seeking a determination that they had acquired title to certain property by adverse possession. The ...

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Fourth Department — Adoption: In the Matter of Lavalle W. and Lavar W.

Appellate Division, Fourth Department Adoption Child’s Consent In the Matter of Lavalle W. and Lavar W. CAF 11-00372 Appealed from Family Court, Erie County Background: The attorney for the child appealed from the determination it would be in the best ...

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Fourth Department — Late Notice of Claim: Terrigino v. Village of Brockport

Appellate Division, Fourth Department Late Notice of Claim Conclusory Allegations of Prejudice Terrigino v. Village of Brockport CA 11-00239 Appealed from Supreme Court, Monroe County Background: The plaintiffs commenced an action seeking damages for injuries sustained by the plaintiff when ...

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Fourth Department — Negligence: Schreiber v. University of Rochester Medical Center

Appellate Division, Fourth Department Negligence Proximate Cause Schreiber v. University of Rochester Medical Center CA 11-00742 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a medical malpractice action seeking damages for skin ulceration and resulting leg injury that ...

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Fourth Department — Construction Contract: The Oneida Indian Nation v. Hunt Construction Group Inc.

Appellate Division, Fourth Department Construction Contract Contractual Guaranteed Prices The Oneida Indian Nation v. Hunt Construction Group Inc. CA 11-00241 Appealed from Supreme Court, Onondaga County Background: The owner of Turning Stone Casino & Resort commenced an action seeking damages ...

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Fourth Department — Tax Exempt Status: New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al.

Appellate Division, Fourth Department Tax Exempt Status Statute of Limitations — Actual Notice New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al. CA 11-00277 Appealed from Supreme Court, Oneida County Background: The petitioners owned and operated ...

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Fourth Department — Disclaiming Coverage: National Grange Mutual Insurance company v. Croyle Inc., et al.

Appellate Division, Fourth Department Disclaiming Coverage Notice National Grange Mutual Insurance company v. Croyle Inc., et al. CA 10-02487 Appealed from Supreme Court, Oneida County Background: The defendant Hoffert had commenced an underlying Labor Law negligence action against the defendant ...

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Fourth Department — SORA: People v. Whyte

Appellate Division, Fourth Department SORA Downward Departure People v. Whyte KA 11-00110 Appealed from Ontario County Court Background: The defendant challenged his Level Two adjudication under the Sex Offender Registration Act. Under the Risk Assessment, the Board of Examiners had ...

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Fourth Department — Debt Collection: LHR, Inc. v. T-Mobile USA Inc., et al.

Appellate Division, Fourth Department Debt Collection Personal Jurisdiction — Duty to Preserve Documents LHR, Inc. v. T-Mobile USA Inc., et al. CA 11-00535 Appealed from Supreme Court, Erie County Background: The plaintiff, a debt collection agency, commenced an action seeking damages resulting ...

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