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Tag Archives: Fourth Department

Municipal Liability: Catanzaro v. Town of Lewiston

Appellate Division, Fourth Department Municipal Liability Negligence Catanzaro v. Town of Lewiston 497 Appealed from Supreme Court, Niagara County Background: The appeal is from an order that granted the defendants’ motion for summary judgment. The plaintiff seeks damages for injuries ...

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Appellate Division, Fourth Department: Voluntary resignations and decisions in attorney disciplinary matters

Matter of Gerald B. Cohen, an attorney, resignor. Voluntary resignation accepted and name removed from roll of attorneys. Present: Martoche, J.P., Peradotto, Carni, Lindley and Green, J.J. (Filed March 26) Matter of Robert M. Stengel, an attorney, resignor. Voluntary resignation ...

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Tax Lien Foreclosure: Matter of the Foreclosure of Tax Liens by County of Ontario

Appellate Division, Fourth Department Tax Lien Foreclosure Notice — Address on Record Matter of the Foreclosure of Tax Liens by County of Ontario 653 Appealed from Ontario County Court Background: The proceeding arose under an in rem tax foreclosure proceeding ...

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SORA: People v. Ayala

Appellate Division, Fourth Department SORA Level I Finding People v. Ayala KA 08-01055 Appealed from Erie County Court Background: The defendant was convicted in 1986 of Sodomy 1st degree, 10 years before the Sex Offender Registration Act went into effect. ...

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SORA: People v. Hucks

Appellate Division, Fourth Department SORA High Risk Finding People v. Hucks KA 08-02401 Appealed from Supreme Court, Monroe County Background: The defendant was adjudicated a Level III risk under SORA, which he challenged on appeal. Ruling: The finding is affirmed. ...

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Guilty plea: People v. Richardson

Appellate Division, Fourth Department Guilty plea ‘Alford’ plea People v. Richardson KA 08-01188 Appealed from Jefferson County Court Background: The defendant pleaded guilty to Attempted Assault first degree pursuant to North Carolina v. Alford, by which a defendant pleads guilty ...

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Suppression: People v. Balkum

Appellate Division, Fourth Department Suppression Statement People v. Balkum KA 04-00876 Appealed from Supreme Court, Monroe County Background: The defendant was convicted after pleading guilty to first-degree attempted robbery and first-degree burglary. On appeal he contended the lower court judge ...

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Depraved Indifference Murder: People v. Becoats

Appellate Division, Fourth Department Depraved Indifference Murder Grand Jury Instruction People v. Becoats KA 05-02596 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of depraved indifference murder and robbery. His co-defendant’s murder conviction previously was reduced to ...

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