Case law

MATTER OF BLOOMBERG-DUBIN v. Bd. of Educ. of the City of New York

56 N.Y.2d 555 · New York Court of Appeals · Mar 25, 1982

In re Andy E.

81 N.Y.2d 948 · New York Court of Appeals · Apr 8, 1993

The officer pulled the object out of respondent’s hand, discovered that it was a brown paper bag, and opened it "to see what it was.” … There is no theory under which this evidence could have given the officer probable cause to search respondent’s bag (see, People v McNatt, 65 NY2d 1046 , 1048).

Palmer v. B.E. U. Free S. Dist. No. 2

276 N.Y. 682 · New York Court of Appeals · Jan 11, 1938

Golden v. Koch

49 N.Y.2d 690 · New York Court of Appeals · Apr 3, 1980

judgment declaring that defendant, the Mayor of the City of New York, also a member of the board, may not vote during the board’s consideration of budget modifications proposed by the Mayor and an injunction preventing him … (Matter of Kuhn v Curran, 294 NY 207, 217 ; see, also, Matter of City of New York v Beame, 37 AD2d 89, 92 .)

Stilwell v. . Mutual Life Insurance Co.

72 N.Y. 385 · New York Court of Appeals · Feb 5, 1878

The evidence of what actually took place between the agent Brown and the deceased, leading to the surrender of the policy, «rests principally upon the *391 testimony of Brown himself, and it is difficult to see how the facts … Jur., § 1097; Brass v. Worth, 40 Barb., 654 .)

State v. Shannon S.

20 N.Y.3d 99 · New York Court of Appeals · Oct 30, 2012

Paraphilia NOS, however, has been found to be a viable predicate mental disorder or defect that comports with minimal due process (see Carta, 592 F3d at 40-42 ; Brown v Watters, 599 F3d 602, 611-612 [7th Cir 2010]; McGee, … Leon F., 84 AD3d 1098, 1100-1101 [2d Dept 2011]; Matter of State of New York v Myron P., 86 AD3d 26, 28 [3d Dept 2011]; Carta, 592 F3d at 39-40 ; Brown, 599 F3d at 612 ).

Westerlo v. . De Witt

36 N.Y. 340 · New York Court of Appeals · Mar 5, 1867

(Ball v. Loomis, 29 N. Y. 412 ; Peterson v. Rawson, 34 N. Y. 370 ). … S., 497, 542; Brown v. Brown, 18 Cont. R. 410; Bedell v. Carll, 33 N. Y. R. 581).

Waterman v. New York Life Insurance & Trust Co.

237 N.Y. 293 · New York Court of Appeals · Dec 27, 1923

This case finds a parallel to some extent in Brown v. … Higgs (4 Ves. 708), where the gift, following an estate tail, was to “ one of the heirs of the sons of my nephew Samuel Brown as he shall direct by a conveyance in his life time or by his will.”

Nelson v. . Belmont

21 N.Y. 36 · New York Court of Appeals · Mar 5, 1860

If however, the case of Bevan v. … . *47 The case of Moran v.

People v. Harper

7 N.Y.3d 882 · New York Court of Appeals · Nov 20, 2006

Because defendant failed *883 to object to these instructions, his contention is unpreserved for our review (see People v Brown, 7 NY3d 880 [2006] [decided today]). … the denial of the motion to suppress without disturbing the court’s finding of abandonment, and there is record evidence that would support that determination, we are bound by the suppression court’s finding (see People v

Claim of Tedesco v. General Electric Co.

305 N.Y. 544 · New York Court of Appeals · Jul 14, 1953

The board, finding that such injuries arose out of and in the course of his employment, made an award. … The Appellate Division, Third Department (one Justice dissenting), reversed and dismissed the claim, relying principally upon Matter of Wilson v. General Motors Corp. ( 298 N.

Matter of Finegan v. Cohen

275 N.Y. 432 · New York Court of Appeals · Oct 19, 1937

The board of elections shall prepare and provide all necessary forms and equipment. … In the case of Matter of O’ Keeffe v. Finegan ( 275 N.

Hadden v. . the People

25 N.Y. 373 · New York Court of Appeals · Dec 5, 1862

Procuring the intoxication of Wallace, with the design of getting him on board the ship in that condition, without his consent, and thus taking him on board, was a kidnapping within the meaning of the statute, as much so … French, 4 East., 130; Thomas v. Foyle, 5 Esp., 88.)

Matter of Scholtzhauer v. . C. L. Lunch Co.

233 N.Y. 12 · New York Court of Appeals · Feb 28, 1922

(Matter of Heitz v. Ruppert, 218 N. Y. 148 .) … (Matter of Heitz v. Ruppert, supra, 152 ; Craske v. Wigan, L. R. 1909, 2 K. B. 635; Thom v. Sinclair, 1917, A. C. 137; Dennis v. White & Co., 1917, A. C. 479; Rayner v. Sligh Furniture Co., 180 Mich. 168 .)

People v. Skinner

48 N.Y.2d 889 · New York Court of Appeals · Dec 11, 1979

intrusive than is a traditional arrest, and thus need not have been supported by probable cause as long as the police had "a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity” (Brown … v Texas, 443 US 47 ; see CPL 140.50; People v Moore, 47 NY2d 911 ; cf.

Matter of Schaefer v. Buffalo Steel Car Co.

250 N.Y. 507 · New York Court of Appeals · Apr 23, 1929

The State Industrial Board after making an award as compensation for an injury may reopen the case at any time and make a further award when in its opinion the ends of justice require such action (Matter of Eggleston v. … (Matter of Salotar v. Neuglass & Co., 228 N. Y. 508 .)

People Ex Rel. Garvey v. . Partridge

180 N.Y. 237 · New York Court of Appeals · Jan 17, 1905

Flanagan v. Board of Police Comrs., 93 N. Y. 97 .) … Flanagan v. Board of Police Comrs.

Brownell v. . Town of Greenwich

114 N.Y. 518 · New York Court of Appeals · Jun 11, 1889

Brown, J. (dissenting). I dissent upon the ground that the taxpayers of the defendant never gave their consent to the issuing of bonds payable in twenty years. … The legislature had no power to authorize a loan by the town to the railroad company without its consent (People v. Batchellor, 53 N. Y. 128 ; Horton v.

MATTER OF McKAY v. Town of W. Seneca

41 N.Y.2d 931 · New York Court of Appeals · Mar 24, 1977

Order reversed and the decision of the Workmen’s Compensation Board reinstated on the dissenting opinion by Mr. Justice A. Franklin Mahoney at the Appellate Division ( 51 AD2d 373, 377-381 ).

Matter of Mnorx, Inc.

46 N.Y.2d 985 · New York Court of Appeals · Mar 22, 1979

But the board was free to choose between these alternative factual versions (State Div. of Human Rights v Columbia Univ. in City of N. … Y., 39 NY2d 612, 616 ; Matter of Stork Rest. v Boland, 282 NY 256, 267 ) and, since the evidence reasonably supports the board’s choice, we may not interpose our judgment to reach a contrary conclusion (300 Gramatan Ave.