Case law

Peck v. . State

137 N.Y. 372 · New York Court of Appeals · Feb 28, 1893

(James v. Campbell, 104 U. S. 356 ; Louisiana v. Jumel, 107 id. 711; *376 Cunningham v. Macon, etc., R. R. Co., 109 id. 446; Hans v. Louisiana, 134 id. 1; North, Carolina v. Temple, Id. 22; Pennoyer v. … (Thomas v. Fleury, 26 N. Y. 26 ; Nolan v. Whitney, 88 id. 648; Smith v. Alker, 102 id. 87; Flaherty v. Miner, 123 id. 382.)

Claim of Hendricks v. Toro Power House, Inc.

42 N.Y.2d 879 · New York Court of Appeals · Jun 9, 1977

In the Matter of Edwin Lopez v. Andrea Evans

25 N.Y.3d 199 · New York Court of Appeals · Apr 7, 2015

Newcomb v Metz (64 AD2d 219 [3d Dept 1978]) and Matter of Newcomb v New York State Bd. of Parole (88 AD2d 1098 [3d Dept 1982], lv denied 57 NY2d 605 [1982], cert denied 459 US 1176 [1983]). … Porter v Smith, 71 AD2d 1056 [4th Dept 1979]).

Schultz v. McNab

54 N.Y.2d 769 · New York Court of Appeals · Sep 1, 1981

Matter of Frangella Mushroom Farms, Inc. v. Zoning Bd. of Appeals of the Town of Coeymans

57 N.Y.2d 811 · New York Court of Appeals · Oct 7, 1982

Village of Fort Edward v. . Fish

156 N.Y. 363 · New York Court of Appeals · Jun 7, 1898

(People v. Fields, 58 N. Y. 491, 505 ; Board of Supervisors v. Ellis, 59 N. Y. 620 ; Lyddy v. L. I. City, 104 N. Y. 218 ; People ex rel. Coughlin v. Gleason, 121 N. Y. 631 ; Board of Supervisors v. … In Board of Supervisors v. Ellis ( 59 N.

Claim of Van Horn v. County of Cayuga

8 N.Y.3d 1015 · New York Court of Appeals · Jun 12, 2007

to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, Third Department, with directions to remand to the Workers’ Compensation Board … for further proceedings consonant with this Court’s decision in Matter of LaCroix v Syracuse Exec.

Wilcox v. . McClellan

185 N.Y. 9 · New York Court of Appeals · Apr 24, 1906

to the board of estimate and apportionment. … There is nothing in the Constitution of this state to prevent the legislature from providing for cumulative voting in such boards. It is a question of policy, not power. There is nothing in the case of Rathbone v.

MATTER OF MONROE v. New York State Bd. of Elections

35 N.Y.2d 738 · New York Court of Appeals · Oct 18, 1974

Claim of White v. Iroquois Gas Corp.

10 N.Y.2d 869 · New York Court of Appeals · Oct 19, 1961

Order affirmed, with costs to respondent Workmen’s Compensation Board; no opinion. Concur: Judges Dye, Fuld, Froessel, Burke and Foster. … Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that it has not been shown to have been an occupational disease (Matter of Detenbeck v. General Motors Corp., 309 N. Y. 558 ).

Claim of Ammirata v. Weidy

28 N.Y.2d 564 · New York Court of Appeals · Jan 21, 1971

MATTER OF BUSH v. Salerno

51 N.Y.2d 95 · New York Court of Appeals · Sep 5, 1980

Board of Educ., 259 NY 191, 197 ; East End Trust Co. v Otten, 255 NY 283, 286 ), this being especially so in this instance where it is apparent that the Legislature enacted the later statute to make 'the time limitations … Matter of Taylor v McNab ( 40 NY2d 821 ) has no bearing on a jurisdictional question, (2) that the State Board of Elections is a party to this proceeding, but has not seen fit to appear and argue (cf.

MATTER OF DALY v. Opportunities for Broome, Inc.

39 N.Y.2d 862 · New York Court of Appeals · Jun 2, 1976

The order of the Appellate Division should be reversed and the determination of the Workmen’s Compensation Board reinstated. … Order reversed, with costs, and the decision of the Workmen’s Compensation Board reinstated in a memorandum.

Richmond Co. Gas-Light Co. v. . Middletown

59 N.Y. 228 · New York Court of Appeals · Dec 8, 1874

v. … The City of Quincy, 4 Wall., 535 ; also cases cited in opinion of STRONG, J., in Olcott v. Supervisors, 16 id., 678 .)

Halsey v. . Sinsebaugh

15 N.Y. 485 · New York Court of Appeals · Jun 5, 1857

Heath, 11 Wend., 485 ; Calvert v. Fitzgerald, 1 Litt. Sel. Cas., 388 ; The Juniata Bank v. Brown, 5 Serg. Rawle, 232.) But in the case of The State v. … . * * See Bank of Monroe v. Culver ( 2 Hill, 531 ) and Huff v. Bennett (4 Sandf. S.C.R., 129).

Gilbert v. . Comstock

93 N.Y. 484 · New York Court of Appeals · Oct 16, 1883

(Tracy v. Suydam, 30 Barb. 110 .) She could not retain for her debt unless it was proved and allowed by the surrogate (2 R. … (Rogers v. Rogers, 3 Wend. 503 ; Williams v. Purdy, 6 Paige, 166 ; Bloodgood v. Bruen, 8 N. Y. 362 .) Unless then barred the defense was unavailable. (Laws of 1868, chap. 594, § 1.)

Betty L. Kimmel v. State of New York

29 N.Y.3d 386 · New York Court of Appeals · May 9, 2017

When the legislature enacted the EAJA five years later, it is presumed to have known of our decision (see Arbegast v Board of Educ. of S. New Berlin Cent. … Moreover, we have held that limitations should not be read into such remedial statutes “unless the limitation [s] proposed [are] ‘clearly expressed’ ” (Brown, 25 NY3d at 251 , quoting People v Sosa, 18 NY3d 436, 440-441 [

Matter of Koch

257 N.Y. 318 · New York Court of Appeals · Nov 17, 1931

(Toledo Traction, Light & Power Co. v. Smith, 205 Fed. Rep. 643, 646; Barton v. Fitzpatrick, 187 Ala. 273 ; State ex rel. Danforth v. Kuehn, 34 Wis. 229 ; Fells v. Katz, 256 N. Y. 67 ; Polin v. Kaplan, 257 N. … Board of Trade ( 121 Ill. 412, 421 ), which dealt with the expulsion of a member from the Chicago Board of Trade, it was held that all irregularities were waived by his appearance before the board of directors and the submission

Matter of Humphrey v. State Ins. Fund

298 N.Y. 327 · New York Court of Appeals · Jan 13, 1949

(See Matter of Miller v. Kling, supra, p. 69 ; Matter of Friedel v. Board of Regents, 296 N. Y. 347, 352 ; Matter of Stanton v. Valentine, 293 N. Y. 836 .) … (Matter of Miller v. Kling, supra, p. 69 ; see, also, Matter of Epstein v. Board of Regents, 295 N. Y. 154, 157 ; Matter of Friedel v. Board of Regents, supra, p. 352.)

Korn v. Gulotta

72 N.Y.2d 363 · New York Court of Appeals · Oct 13, 1988

They rely on Saxton v Carey ( 44 NY2d 545 ) and Judge Breitel’s dissenting opinion in Hidley v Rockefeller ( 28 NY2d 439, 440 ). … v Mayor of City of N.