Case law

Williams v. Regan

145 A.D.2d 884 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1988

Here, petitioner’s own testimony establishes that the January 24, 1984 incident occurred before she reported to work when she slipped and fell on an icy ramp outside the building. … Eligibility cannot be provided by estoppel where a person clearly does not statutorily qualify (Matter of O’Neill v Regan, 114 AD2d 613, 614 ; Matter of Burns v Regan, 87 AD2d 944, 946, appeal dismissed 57 NY2d 954 ).

Brady v. State

172 A.D.2d 17 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1991

Alternatively, they assert that section 601 (e) discriminates against nonresident taxpayers in favor of New York residents, thereby offending the Privileges and Immunities Clause, Equal Protection Clause and Commerce Clause … Clearly, New York has a substantial legitimate interest in uniformly enforcing its progressive income tax system.

Horwitz v. L. & J.G. Stickley, Inc.

305 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · May 29, 2003

, (3) [she] was qualified to hold the position, and (4) the discharge occurred under circumstances raising the inference of unlawful discrimination” (So mmerville v R.C.I., 257 AD2d 884, 884 [1999]; see Ferrante v American … Assuming without deciding that plaintiff made the required showing here, the burden then shifted to defendant “ To rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence

People v. Doe

61 A.D.2d 426 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1978

Having established that the integrity of family relational interests is clearly entitled to constitutional protection, we turn to an examination of the nature of the interest asserted in the case before us. … That is not to say, however, that parents in this setting are immune from Grand Jury process.

Hirschfeld v. IC Securities, Inc.

132 A.D.2d 332 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1987

In their respective pleadings, the parties agreed that these documents established a valid and binding contract. … Clearly, the record before Trial Term contains sufficient proof of marketability of the partnership interests.

Rhoades v. Schwartz

52 A.D. 379 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1900

The plaintiff’s complaint-is not before us, nor do we know upon what the defendants will rely to establish title. The plaintiff would not be entitled to a discovery of the defendants’ evidence. … Jones, supra) But as it does not appear here that the defendants intend to stand upon this deed, and that (as the subject is now presented to us) its materiality is not and cannot be clearly shown until.the pleadings are

Matter of Denes (Commr. of Labor)

147 A.D.3d 1144 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2017

those days and was, therefore, ineligible to receive unemployment insurance benefits (see id.).1 Contrary to 1 While claimant's position on the Planning Board may be "policymaking or advisory" and, thus, not qualify … the issue of whether claimant is "totally unemployed" while certifying for  -3- 523380 claimant's arguments, the unemployment insurance handbook, which was available to him, clearly

Lesser v. Park 65 Realty Corp.

140 A.D.2d 169 · Appellate Division of the Supreme Court of the State of New York · May 5, 1988

In order to qualify for a renewal lease, the Code requires a family member of a deceased tenant to have resided with such tenant in the apartment as a primary resident for a period of no less than two years immediately prior … This evidence clearly indicates that plaintiff moved in with his grandmother to share the residence as part of a nurturing and stimulating family relationship.

Paulsen v. New York State Board of Parole

46 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1974

Any departure from the long-established precedent regarding the reviewability of lawful determinations of the Parole Board must come from the Legislature. … The certificate of release on parole, signed by petitioner, clearly sets forth the conditions of his release and the rules he agreed to follow while on *663 parole.

Matter of XO Communications Servs., LLC v. Tax Appeals Trib. of the State of N.Y.

2020 NY Slip Op 2213 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2020

As such, . . . it does not qualify as tangible personal property" ( Matter of XO N.Y., Inc. v Commissioner of Taxation & Fin. , 51 AD3d at 1157 ; see 20 NYCRR 526.8). … The Tribunal also rationally denied petitioner's refund claims as it failed to plainly and clearly establish that the electricity it transmitted to its customers was purchased for resale under Tax Law § 1105 (b) (1).

People v. DeFreece

183 A.D.2d 842 · Appellate Division of the Supreme Court of the State of New York · May 18, 1992

Viewing the evidence adduced at trial in a light most favorable to the People (People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. … Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ).

Byrn v. Chu

105 A.D.2d 963 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1984

(supra) demonstrates that the issue was whether a customs brokerage business qualified for the exemption from the State unincorporated business tax accorded to the practice of law, medicine, dentistry, architecture or any … Accordingly, we decline petitioner’s invitation to overrule established precedent set forth by People ex rel. Froelick v Graves (supra) and its progeny. Petitioners’ remaining arguments are unpersuasive.

American Economy Ins. Co. v. State of New York

139 A.D.3d 138 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2016

Plaintiffs have therefore established that the amendment, as applied retroactively to policies issued before October 1, 2013, is unconstitutional. … Therefore, based on the record, plaintiffs established their entitlement to summary judgment on their claims for declaratory relief.

In Re the Estate of Abramowitz

38 A.D.2d 387 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1972

The proof must be of great probative force and must clearly establish every element of a valid gift (Matter of Kennedy, 36 A D 2d 549; Matter of Kaminsky, 17 A D 2d 690). … Those cases, however, unlike this one, involved no retention, by the decedent of any interest in the property and there the circumstances clearly established no reason for the utilization of a joint safe-deposit box save

St. Pierre v. Burrows

14 A.D.3d 889 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2005

. * He also takes issue with the ultimate opinions of these witnesses, characterizing their recommendations as “perfunctory” and/or “factually faulty, incongruous, [and] qualified.” … While Family Court clearly found the court-appointed psychologist and child protective caseworker to be credible and gave considerable weight to their opinions, we are unable to *891 conclude that these opinions were either

People ex rel. Roosevelt Hospital v. Raymond

126 A.D. 720 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 1908

Ho such suggestion was made at our consultation table, and no such result follows from the Cooper Union case, as it is clearly distinguishable.” … Its object is clearly expressed in its title: “ In relation to the election of additional trustees and the filling of vacancies.”

In re Proving the Last Will & Testament & Codicils thereto of Journeay

15 A.D. 567 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1897

Journeay, that her husband had been guilty of infidelity, or, at all events, had attempted to establish improper relations with a servant girl in the household. … I think the decision of the acting surrogate was clearly right and that the decree should be affirmed, with costs. All concurred. Decree of surrogate affirmed, with costs.

Osborn v. Planning Board of the Town of Colonie

146 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 1989

In petitioners’ application for a building and zoning permit, Osborn stated her intention to establish an office in her home to conduct client consultations in family therapy lasting approximately 50 minutes in length. … respondent concedes that Osborn is a professional and that her proposed use of the office is the type of use contemplated by *840 the "home occupation” portion of the Code, the sole issue is whether Osborn’s intended use qualifies

Manhattan Industries, Inc. v. Tully

88 A.D.2d 737 · Appellate Division of the Supreme Court of the State of New York · May 27, 1982

It is also well established that statutory tax exemptions are construed against the taxpayer (Matter of Airlift Int. u State Tax Comm., 52 AD2d 688 ). … We would also note that Matter ofLaux Ado. v Tully ( 67 AD2d 1066 ), relied on by petitioner, is clearly distinguishable due to the fact that the materials in question herein were not, as in Laux, kept for the advertising

People v. Smith

227 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · May 2, 1996

Although the plea minutes show that defendant alluded to the fact that marriage was promised in exchange for his guilty plea, the record reveals that County Court correctly qualified that matter as a ministerial act to be … In any event, defendant’s claim in this regard clearly lacks merit.