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Tag Archives: Fourth Department

Deceptive Business Practice: Enzinna et al. v. D’Youville College

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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Guilty Plea: People v. Newbould

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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Guilty Plea: People v. Hauke

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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Sex Offender Registration Act: People v. Fredenhall

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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Wrongful Death: Hernandez, et al. v. Town of Hamburg, et al

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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Parental Rights: In the Mtr of Nicholas B. and Jordan B.

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 Procedure: Abasciano v. Dandrea

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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Construction Contracts: CNP Mechanical Inc. v. Allied Builders Inc., et al.

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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