Appellate Division, Fourth Department Confirmatory Identification ‘Rodriguez’ Hearing People v. Releford KA 07-00624 Appealed from Monroe County Court Background: The defendant was arrested shortly after a drug purchase. Although he pleaded guilty to third-degree criminal sale of a controlled substance, ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Child Sex Abuse Expert Testimony People v. Elliott KA 07-01699 Appealed from Livingston County Court Background: The defendant was convicted after trial of use of a child in a sexual performance. On appeal he contended the ...

Tagged with: Appellate Division expert testimony Fourth Department

Appellate Division, Fourth Department Domestic Violence Expert Testimony People v. Milczakowskyj KA 08-01383 Appealed from Cayuga County Court Background: The defendant was charged with second-degree assault and second-degree harassment involving two incidents of domestic violence with his girlfriend. He was ...

Tagged with: Appellate Division domestic violence expert testimony Fourth Department

Appellate Division, Fourth Department Civil Service Termination Matter of Harris v. Board of Education 512 Article 78 Proceeding; Supreme Court, Cayuga County Background: The proceeding was brought to annul a determination of respondent Board of Education of Union Springs Central ...

Tagged with: Appellate Division civil service Fourth Department termination

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 ...

Tagged with: Appellate Division Fourth Department municipal liability negligence

Appellate Division, Fourth Department Municipal Torts Notice of Claim — Individual Defendants Rew v. County of Niagara 617 Appealed from Supreme Court, Niagara County Background: The plaintiff seeks damages for injuries suffered when he was shot by defendant John Doe, ...

Tagged with: Appellate Division Fourth Department notice of claim

Appellate Division, Fourth Department Neglect Termination of Parental Rights — Suspended Judgment Matter of Roystar T. No. 488 Appealed from Family Court, Wayne County Background: This appeal is from an order terminating the respondent’s parental rights with respect to one ...

Tagged with: Appellate Division Fourth Department neglect termination of parental rights

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department notice

Appellate Division, Fourth Department Municipal Boards Standing to Sue — Individual Members Matter of Colton v. Town Board of Town of Amherst 658 Article 78 Proceeding; Supreme Court, Erie County Background: The appeal is from a judgment in an Article ...

Tagged with: Appellate Division Fourth Department

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. ...

Tagged with: Appellate Division Fourth Department SORA

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. ...

Tagged with: Appellate Division Fourth Department SORA