Appellate Division, Fourth Department DWI Persistent Felony Offender People v. Daggett KA 07-01780 Appealed from Onondaga County Court Background: The defendant was convicted of DWI and Driving While Ability Impaired by Drugs, both as felonies. He was sentenced as a ...

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Appellate Division, Fourth Department Double Jeopardy Previous Conviction People v. Sanders KA 10-00362 Appealed from Monroe County Court Background: The defendant pleaded guilty to assault first degree by way of a waiver of indictment in 2003. Five years later, in ...

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Appellate Division, Fourth Department CPL 440.10 Motion Ineffective Assistance of Counsel People v. Dombrowski KA 10-0213 Appealed from Erie County Court Background: After being convicted of second-degree burglary, the defendant moved to set aside the conviction. The basis of the ...

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Appellate Division, Fourth Department Worker’s Compensation Indemnification Farm Family Casualty Insurance Company v. Brady Farms Inc. CA 10-02440 Appealed from Supreme Court, Genesee County Background: The plaintiff commenced the action seeking a declaration that it has no duty to defend or ...

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Appellate Division, Fourth Department Civil Servant Misconduct — Termination Emmerling v. Town of Richmond TP 11-00294 Appealed from the Supreme Court, Ontario County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to terminate his employment ...

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Appellate Division, Fourth Department Inmate Disciplinary Hearings Right to Call Witnesses Edwards v. Fischer TP 11-00552 Appealed from Supreme Court, Wyoming County Background: The petitioner sought review of a determination by the respondent that the petitioner had violated various inmate ...

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Appellate Division, Fourth Department Terminating Parental Rights Reuniting Parent and Child — Reasonable Efforts In the Matter of Jacob E. CAF 10-00915 Appealed from Family Court, Steuben County Background: The respondent mother appealed from an order terminating her parental rights ...

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Appellate Division, Fourth Department Indemnification Separate Written Contract Deforge v. Karwoski CA 11-00653 Appealed from Supreme Court, Onondaga County Background: The plaintiff sought to recover damages that arose from money that was paid in his capacity as a cosigner in ...

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Appellate Division, Fourth Department Zoning Interpretive Deference Devogelaere v. Webster Zoning Board of Appeals CA 11-00506 Appealed from Supreme Court, Monroe County Background: The petitioner’s property was located in a large lot, single-family residential district. Starting in 2007, she began ...

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Legal professionals across the Fourth Department are meeting in Buffalo today to testify before Chief Judge Jonathan Lippman’s fourth and final hearing on the unmet civil legal service needs of low-income New Yorkers. Joining Judge Lippman will be Chief Administrative Judge Ann Pfau ...

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Appellate Division, Fourth Department Motor Vehicle Accident Serious Injury — Pre-existing Condition D’Angelo v. Litterer CA 11-00425 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the action seeking damages for injuries she had allegedly sustained when her vehicle ...

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Appellate Division, Fourth Department Vehicle & Traffic Law Striking a Pedestrian Cummings v. Department of Motor Vehicles TP 11-00735 Transferred from Supreme Court, Erie County Background: The Article 78 proceeding was transferred to the Appellate Division for review of a ...

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