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Tag Archives: Fourth Department

Fourth Department – Summary Judgment: Abdulnabi v. Allstate Insurance Company

Appellate Division, Fourth Department – Summary Judgment – Breach of Insurance Contract – Intentional Conduct Abdulnabi v. Allstate Insurance Company CA 14-00359 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages based on the defendant’s ...

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Fourth Department – Durable Medical Equipment: Bernier v. Shah

Appellate Division, Fourth Department – Durable Medical Equipment – Generally Useful Without Illness or Disability   Bernier v. Shah TP 14-00128 Transferred from Supreme Court, Erie County   Background: The petitioner commenced an article 78 proceeding asking to review a ...

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Fourth Department – Designating Petitions: Vescera v. Stewart

Appellate Division, Fourth Department – Designating Petitions – Non-statewide Public Office   Vescera v. Stewart CAE 14-01394 Appealed from Supreme Court, Oneida County   Background: The petitioners filed designating petitions purporting to nominate them as Democratic Party candidates for their respective ...

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Fourth Department — Whistleblower: Zielonka v. Town of Sardnia

Appellate Division, Fourth Department Whistleblower Employment Status Zielonka v. Town of Sardnia CA 13-02013 Appealed from Supreme Court, Erie County Background: The plaintiff was employed as a code enforcement officer for the defendant Town until his termination by the defendant. ...

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Fourth Department — Election Law: Carney v. Ward, et al.

Appellate Division, Fourth Department Election Law Residency and Voter’s Status – Designating Petition Carney v. Ward, et al. CAE 14-01437 Appealed from Supreme Court, Erie County Background: A designating petition was filed with the respondent Erie County Board of Elections ...

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Fourth Department — Designating Petition: Locke v. Walsh, et al.

Appellate Division, Fourth Department Designating Petition Delegate to Judicial District – Residency Locke v. Walsh, et al. CAE 14-01442 Appealed from Supreme Court, Allegany County Background: The petitioners commenced a proceeding seeking to invalidate the designating petition of the respondents-appellants. ...

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Fourth Department — Order to Show Cause: O’Brien v. Pordum, et al.

Appellate Division, Fourth Department Order to Show Cause Service of Process – State Agency O’Brien v. Pordum, et al. CAE 14-01441 Appealed from Supreme Court, Erie County Background: The petitioner commenced a proceeding by order to show cause and petition ...

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Fourth Department — Validating Signatures: Quinn v. Erie County Board of Elections, et al.

Appellate Division, Fourth Department Validating Signatures Witness’s Authenticating Statement – Date Stamp Quinn v. Erie County Board of Elections, et al. CAE 14-01402 Appealed from Supreme Court, Erie County Background: The petitioners commenced a proceeding in order to validate their ...

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Fourth Department — Labor Law — Architect/Engineer: Wrobel v. Town of Pendleton, et al.

Appellate Division, Fourth Department Labor Law — Architect/Engineer Control of Work Site — Violation of Regulation Wrobel v. Town of Pendleton, et al. A 13-01480 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a Labor Law action for ...

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Fourth Department — Property Damage: Villafrank v. Ross, et al.

Appellate Division, Fourth Department Property Damage Water Damage — Expert Testimony Villafrank v. Ross, et al. CA 13-02037 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced an action seeking an injunction and damages based on the defendants’ alleged ...

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