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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Appellate Division, Fourth Department Duty of Care Reliance Crough v. BJ’s Wholesale Club Inc. CA 11-00429 Appealed from Supreme Court, Monroe County Background: The plaintiff brought the action seeking damages for an injury he sustained to his nose while attempting ...

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The only contested races for state Supreme Court justice in the Fourth Department are in the Fifth Judicial District, where nine candidates are running for four seats. Some are switching minor party designations and four are apparently about to be served with a lawsuit questioning ...

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Appellate Division, Fourth Department ‘Parker’ Warnings Trial in Absentia People v. Houghtaling KA 10-02041 Appealed from Livingston County Court Background: Defendant was convicted of felony Driving While Intoxicated and other crimes after a jury trial in which he was absent. ...

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Appellate Division, Fourth Department SORA Point Assessment People v. Myers KA 10-01759 Appealed from Niagara County Court Background: Defendant on appeal challenged his Level III high risk offender under the Sex Offender Registration Act. Specifically, he challenged assessment of points ...

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