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Tag Archives: Fourth Department

Fourth Department — Arbitration: Matter of City of Syracuse

Appellate Division, Fourth Department Arbitration Stay — Reasonably Related to the Subject Matter of the Agreement Matter of City of Syracuse CA 13-01762 Appealed from Supreme Court, Onondaga County Background: The petitioner city commenced an action seeking permanent stays of ...

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Fourth Department — Court of Claims Act: Gristwood v. State of New York

Appellate Division, Fourth Department Court of Claims Act Wrongful Imprisonment — Inculpatory Statements Gristwood v. State of New York CA 13-01679 Appealed from Court of Claims Background: The claimant commenced an action for wrongful conviction and imprisonment. The claimant was ...

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Fourth Department — Maltreatment: Arbogast v. NYS Office of Children and Family Services

Appellate Division, Fourth Department Maltreatment Substantial Evidence — Hearsay Arbogast v. NYS Office of Children and Family Services TP 14-00205 Transferred from Supreme Court, Erie County Background: The petitioner sought review of a determination that denied her request to amend ...

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Fourth Department — Mortgage Foreclosure: Canandaigua National Bank and Trust v. Palmer, et al.

Appellate Division, Fourth Department Mortgage Foreclosure Equitable Mortgage — No Title to Property Canandaigua National Bank and Trust v. Palmer, et al. CA 13-01699 Appealed from Supreme Court, Ontario County Background: The plaintiff appealed from the denial of its motion ...

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Fourth Department — Breach of Contract: Val Tech Holdings, Inc. v. Wilson Manifolds, Inc.

Appellate Division, Fourth Department Breach of Contract Lost Profits — Consequential Damages Val Tech Holdings, Inc. v. Wilson Manifolds, Inc. CA 13-00949 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages for breach of a ...

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Fourth Department — Motor Vehicle Accident: Williams v. Fassinger

Appellate Division, Fourth Department Motor Vehicle Accident Emergency Vehicle — Reckless Driving Williams v. Fassinger CA 13-01790 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after her vehicle collided at an intersection with a police vehicle. ...

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Fourth Department — SEQRA: Kindred v. Monroe County and Monroe County Fair and Recreation Association

Appellate Division, Fourth Department  SEQRA Zoning — Standing Kindred v. Monroe County and Monroe County Fair and Recreation Association CA 13-01718 Appealed from Supreme Court, Monroe County Background: The petitioners commenced a hybrid article 78 proceeding and declaratory judgment action ...

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Fourth Department — Unpaid Vacation Time: Marchionda v. Industrial Board of Appeals of the State of New York, Dept. of Labor

Appellate Division, Fourth Department Unpaid Vacation Time Accurate Payroll Records — Reasonable Inference Marchionda v. Industrial Board of Appeals of the State of New York, Dept. of Labor TP 13-02121 Transferred from Supreme Court, Monroe County Background: The petitioners commenced ...

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Fourth Department — Motor Vehicle Accident: Ruiz v. Cope

Appellate Division, Fourth Department Motor Vehicle Accident Police Vehicle — Reckless Disregard Ruiz v. Cope CA 13-00383 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after her vehicle collided with a police department vehicle. The police ...

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