Appellate Division, Fourth Department Evidence Videotaped Testimony Thompson v. Mather 1437 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a medical malpractice action, alleging the defendants deviated from the standard of care in providing obstetrical and gynecological treatment ...

Tagged with: Appellate Division evidence Fourth Department

Appellate Division, Fourth Department Criminal Mischief Value of Property People v. Butler KA 07-02658 Appealed from Ontario County Court Background: The defendant was convicted of a felony, criminal mischief in the third degree, as well as other crimes for throwing ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Premises Liability Landlord — Tenants’ Animals Walker v. Gold 81 Appealed from Supreme Court, Ontario County Background: The defendants appeal from an order denying their motion for summary judgment in a personal injury action. The plaintiffs ...

Tagged with: Appellate Division Fourth Department premises liability

Appellate Division, Fourth Department Pleadings Notice of Claim — ‘Res Judicata’ Covanta Niagara LP v. Town of Amherst 1483 Appealed from Supreme Court, Erie County Background: The plaintiff, a solid waste disposal company, seeks damages resulting from the defendant’s alleged breach ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Suppression of Evidence Huntley Hearing People v. McAvoy KA 07-00520 Appealed from Orleans County Court Background: Convicted after trial of several sex offenses, the defendant contended on appeal that his statements to the police should have ...

Tagged with: Appellate Division Fourth Department Suppression of Evidence

Appellate Division, Fourth Department Labor Law §240 Carrow v. Bogard 1618 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the Labor Law and common-law negligence action seeking damages for injuries he suffered while erecting trusses on a pole ...

Tagged with: Appellate Division Fourth Department Labor Law

Appellate Division, Fourth Department Criminal Contempt Mistake of Law Defense  People v. Nuffer KA 09-01775 Appealed from Lewis County Court Background: A defendant was convicted after jury trial of second-degree criminal contempt for violating a family court order of protection, ...

Tagged with: Appellate Division criminal contempt Fourth Department

Appellate Division, Fourth Department Grand Jury Reinstatement of Indictment People v. Jeffery KA 08-01836 Appealed from Monroe County Court Background: In a felony DWI indictment, the county court inspected the grand jury minutes and dismissed the indictment. The basis for ...

Tagged with: Appellate Division Fourth Department grand jury

The Appellate Division, Fourth Department last year established a partnership with World of Inquiry School 58 in an effort to promote volunteer work in the community.

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Suppression of Statement Computer Voice Stress Analysis People v. Pollard KA 08-01270 Appealed from Supreme Court, Onondaga County Background: The defendant submitted to a computer voice stress analysis and later made inculpatory statements to the police. ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Unjust Conviction Civil Damages Warney v. State CA 08-02261 Appealed from the Court of Claims Background: Douglas Warney was wrongfully convicted of murder and served years in prison. His conviction was vacated based on newly-found DNA ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Child Neglect Educational Neglect-School Absence Rate Matter of Cunntrel A. CAF 09-00584 Appealed from Family Court, Onondaga County Background: The respondent father appeals from an order adjudicating two of his children to be neglected based on ...

Tagged with: Appellate Division Fourth Department