Appellate Division, Fourth Department Substantial Evidence Misbehavior Reports Monroe v. Fischer TP 11-00551 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he violated inmate rules, such as stalking, ...

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Appellate Division, Fourth Department Foreclosure Fraud — Pleading Requirements Merrill Lynch Credit Corporation v. Smith, et al. CA 11-00729 Appealed from Supreme Court, Monroe County Background: The defendants-third-party plaintiffs purchased property from the defendants in 1997. The third-party defendants did ...

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Appellate Division, Fourth DepartmentMaintenance Modification Cohabitation Mastrocovo v. Capizzi CA 11-00714 Appealed from Supreme Court, Erie County Background: The defendant sought to modify a judgment of divorce by terminating his maintenance obligation based on the plaintiff’s cohabitation with another man. ...

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Appellate Division, Fourth Department Child Support Maintenance — Unemployment Marcera v. Marcera CA 10-02433 Appealed from Supreme Court, Monroe County Background: The plaintiff appealed from a judgment of divorce that directed the defendant to pay to the plaintiff $25 per ...

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Appellate Division, Fourth Department Attorney Grievance Trust Account Violation — Obtaining Loan from Client Matter of Andrew J. Cohen Background: The attorney was admitted to practice law for more than three decades. He was charged with five allegations of misconduct. ...

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Appellate Division, Fourth Department Legal Malpractice Matrimonial Actions Malachowski v. Daly CA 11-00054 Appealed from Supreme Court, Oneida County Background: The plaintiff brought a legal malpractice action alleging that the defendant, who represented him in a divorce proceeding, negligently failed ...

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Appellate Division, Fourth Department Emergency Vehicle Doctrine Standard of Negligence Lograsso v. City of Tonawanda, et al. CA 11-00423 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced the action seeking damages for injuries sustained when the vehicle he ...

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Appellate Division, Fourth Department Zoning Mobile Homes — Farming Operations Little v. Town of Fabius Zoning Board of Appeals TP 11-00759 Appealed from Supreme Court, Onondaga County Background: The owners of real property commenced an Article 78 proceeding challenging the ...

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Appellate Division, Fourth Department Employment Misconduct Legal Sufficiency Licciardi v. City of Rochester TP 11-00777 Appealed from Supreme Court, Monroe County Background: The petitioner had commenced an Article 78 proceeding to annul the determination terminating his employment as a firefighter. His ...

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Appellate Division, Fourth Department Adverse Possession Claim of Right King’s Court Restaurant Inc. v. Hurondel I, Inc. CA 11-00391 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking a declaration that it had obtained title by ...

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Appellate Division, Fourth Department SEQRA Scope of Review H.H. Warner LLC v. Rochester Genesee Regional Transportation Authority OP 11-01202 Initiated in Fourth Department Background: The petitioner commenced the proceeding in order to annul the determination to condemn three of its ...

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Appellate Division, Fourth Department Termination of Parental Rights In the Matter of Elizabeth J. CAF 10-01603 Appealed from Family Court, Oneida County Background: The respondent mother appealed from an order revoking a suspended judgment and termination of her parental rights with ...

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