Appellate Division, Fourth Department Deceptive Business Practice Statute of Limitations Enzinna et al. v. D’Youville College CA 10-02527 Appealed from Supreme Court, Erie County Background: The plaintiffs sued the defendant alleging false advertising that induced the plaintiffs to enroll in the ...

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Appellate Division, Fourth Department Parental Rights Due Diligence In the Matter of Colinia D. CAF 10-00755 Appealed from Family Court, Erie County Background: The attorney for the child appealed a decision by family court to dismiss the petitions of the ...

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Appellate Division, Fourth Department Cross-examination Completing the Narrative People v. Lester KA 08-00132 Appealed from Monroe County Court Background: The defendant was convicted of second-degree assault after a jury trial. He raised two issues on appeal: the limitation of cross-examination ...

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Appellate Division, Fourth Department Guilty Plea Voluntariness People v. Newbould KA 10-01435 Appealed from Orleans County Court Background: The defendant pleaded guilty to third-degree grand larceny. He contended that the plea was involuntary because he was not informed that it ...

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Appellate Division, Fourth Department Guilty Plea Monosyllables People v. Hauke KA 10-00556 Appealed from Ontario County Court   Background: The defendant pleaded guilty to two counts of felony drug sales but contended that her monosyllabic responses to the judge’s questioning cast ...

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Appellate Division, Fourth Department Sex Offender Registration Act Drug or Alcohol Abuse People v. Fredenhall KA 10-01258 Appealed from Cayuga County Court Background: The defendant was adjudicated a Level 2 (moderate) risk after a SORA hearing. He contended that adding ...

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Appellate Division, Fourth Department Wrongful Death Special Relationship — Proximate Cause Hernandez, et al. v. Town of Hamburg, et al. CA 10-01296 Appeal from the Supreme Court, Erie County Background: The plaintiff, as administratrix of the estate of her son’s ...

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Appellate Division, Fourth Department Scaffold Law Summary Judgment Harris v. Eastman Kodak Co. CA 10-2405 Appealed from Supreme Court, Monroe County Background: The plaintiff brought this action after he suffered injuries when he fell from a scaffold that was equipped ...

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Appellate Division, Fourth Department Parental Rights Termination In the Mtr of Nicholas B. and Jordan B. 10-00705 Judges Centra, Fahey, Peradotto, Lindley and Sconiers Background: This appeal originated from an order of the Family Court that terminated the respondent’s parental ...

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Appellate Division, Fourth Department Appellate Procedure Final Orders Abasciano v. Dandrea 10-02439 Judges Smith, Peradotto, Carni, Sconiers and Green Background: On appeal from an order directing the sale of partnership property, the defendant contends that the plaintiff improperly commenced the ...

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Appellate Division, Fourth Department Construction Contracts Judgment Award CNP Mechanical Inc. v. Allied Builders Inc., et al. CA 10-02494 Appealed from Supreme Court, Monroe County Background: The court reduced the award of damages pursuant to a judgment following a nonjury ...

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Appellate Division, Fourth Department Parental Rights Due Diligence In the Matter of Mya B. CAF 10-00968 Appealed from Family Court, Onondaga County Background: The respondent-father appealed from an order terminating his parental rights on the ground of permanent neglect. The ...

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