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Tag Archives: Fourth Department

Termination of Parental Rights: In the Matter of Cayden L.R.

Appellate Division, Fourth Department Termination of Parental Rights In the Matter of Cayden L.R. CA 10-01326 Appeal from Family Court, Jefferson County Background: The respondent father appealed from an order terminating his parental rights on the grounds of his mental ...

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Insurance Law: Progressive Northeastern Ins. Co. v. Farmers New Century Ins. Co.

Appellate Division, Fourth Department Insurance Law Claim Preclusion Progressive Northeastern Ins. Co. v. Farmers New Century Ins. Co. CA 10-01743 Appeal from Supreme Court, Erie County Background: The plaintiff commenced the action seeking a declaration that it is not required ...

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Discrimination: Margerum v. City of Buffalo, et al

Appellate Division, Fourth Department Discrimination Disparate Impact  Margerum v. City of Buffalo, et al CA 11-00157 Appealed from Supreme Court, Erie County Background: The plaintiffs, 13 firefighters employed by the defendant, sued the defendant alleging that the defendant discriminated against ...

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Fair Labor Standards Act: Kuebel v. Black & Decker Inc.

Appellate Division, Fourth Department Fair Labor Standards Act Portal to Portal Act Kuebel v. Black & Decker Inc. 10-2273-cv Judges Parker, Livingston and Lynch Background: The plaintiff sued on behalf of himself and others similarly situated asserting that the defendant ...

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Sole Custody: Howden v. Keeler

Appellate Division, Fourth Department Sole Custody Prior Custody Agreement Howden v. Keeler CAF 09-02206 Appealed from Family Court, Allegany County Background: The respondent mother appealed from an order granting the father’s petition seeking sole custody of the parties’ child. The ...

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Derivative Neglect: In the matter of Angel L.H.

Appellate Division, Fourth Department Derivative Neglect In the matter of Angel L.H. CAF 10-01520 Appealed from Family Court, Chautauqua County Background: The respondent mother appealed from an order that determined that she derivatively neglected her child. The mother contends that ...

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Jurisdiction: Karcz, Jr. v. Klewin Building Company Inc., et al.

Appellate Division, Fourth Department Jurisdiction Labor Law Karcz, Jr. v. Klewin Building Company Inc., et al. CA 10-02385 Appealed from Supreme Court, Niagara County Background: The action was commenced when the plaintiff sustained injuries when a truss he had lifted ...

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Law of the Case: Johnson v. Optometrix Inc.

Appellate Division, Fourth Department Law of the Case Prior Appeal Johnson v. Optometrix Inc. CA 10-02234 Appealed from Supreme Court, Monroe County Background: The plaintiffs had commenced a breach of contract action that sough the immediate possession of a retail ...

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