Case law

Shields v. Brown

107 A.D.3d 1005 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2013

In a family offense proceeding pursuant to Family Court Act article 8, Gary Brown appeals from an order of protection of the Family Court, Queens County (Lebwohl, J.), dated February 23, 2012, which, after a hearing, in effect … Here, a fair preponderance of the credible evidence elicited at the fact-finding hearing supports the hearing court’s determination that Gary Brown committed the family offenses of harassment in the second degree and disorderly

People ex rel. Brown v. Greene

106 A.D. 230 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1905

Campbell v. Partridge, 99 App. Div. 410 ; affd., without opinion, 180 N. Y. 542 .)

Brown v. Fischer

106 A.D.3d 1347 · Appellate Division of the Supreme Court of the State of New York · May 23, 2013

Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v Racette, 100 AD3d 1244 [2012]; Matter of Sykes v Fischer, 98 AD3d 769, 770 [2012]).

Brown v. City of New York

90 A.D.3d 591 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 2011

City of New York, 38 AD3d 581, 582 [2007], quoting Cassuto v City of New York, 23 AD3d 423, 424 [2005]; see Vertsberger v City of New York, 34 AD3d 453, 455-456 [2006]; Almadotter v City of New York, 15 AD3d 426, 427 [2005 … ]; Quinn v City of New York, 305 AD2d 570, 571 [2003]).

Dyer v. Planning Board

251 A.D.2d 907 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1998

Agency, 76 NY2d 428, 433 ; Matter of Piela v Van Voris, 229 AD2d 94, 95 ; Matter of City of Plattsburgh v Mannix, 77 AD2d 114, 117 ). … Agency, supra, at 433; Matter of Sun-Brite Car Wash v Board of Zoning Appeals, 69 NY2d 406, 410 ; Matter of City of Plattsburgh v Mannix, supra).

Board of Trustees v. Town Board of Greenburgh

42 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1973

People v. Brown

106 A.D.3d 927 · Appellate Division of the Supreme Court of the State of New York · May 15, 2013

Accordingly, the Supreme Court properly denied the defendant’s motion without a hearing (see People v Pitts, 4 NY3d 303, 311 [2005]; People v Bush, 90 AD3d 945, 945 [2011]; People v Perry, 89 AD3d 1114,1114-1115 [2011]; People … v Hai Guang Zheng, 69 AD3d 878, 879 [2010]; People v Fuentes, 44 AD3d 871, 871 [2007]; People v King, 38 AD3d 1066, 1067 [2007]; People v Brown, 36 AD3d 961, 961-962 [2007]).

People v. Brown

107 A.D.3d 732 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2013

The defendant was not deprived of the effective assistance of *733 trial counsel (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). … Simmons, 10 NY3d 946, 949 [2008]; People v Wiggins, 89 NY2d 872, 873 [1996]; People v Griffith, 76 AD3d 1102 [2010]).

Salvador v. Town Board

303 A.D.2d 826 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 2003

Rowland (hereinafter collectively referred to as defendants), defendant Town Board of the Town of Queensbury in Warren County (hereinafter the Board) adopted a resolution closing a section of an unimproved public highway … Matter of Shawangunk Holdings v Superintendent of Highways of Town of Shawangunk, 101 AD2d 905, 907 [1984], appeal dismissed 63 NY2d 773 [1984]; Matter ofFlacke v Strack, 98 AD2d 881, 882 [1983]).

People v. Brown

107 A.D.3d 499 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2013

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). … This did not meet defendant’s burden of showing that the proposed spectators were “linked to him by some tie of more significance than ordinary friendship” (see People v Nazario, 4 NY3d 70, 74 [2005]), and there was no need

Brown v. V&R Advertising, Inc.

112 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1985

V&R, a commercial advertising producer, as well as Brown, were bound by the 1982 AFTRA collective bargaining contract. … A dispute arose between Brown and V&R over the timeliness of the payment of the so-called holding fee and over defendant’s right to renew the commercials for a second 13-week cycle.

Brown v. Fischer

106 A.D.3d 1347 · Appellate Division of the Supreme Court of the State of New York · May 23, 2013

Inasmuch as petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Murgo v Racette, 100 AD3d 1244 [2012]; Matter of Sykes v Fischer, 98 AD3d 769, 770 [2012]).

People v. Brown

106 A.D.3d 754 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013

Hanson, 100 AD3d 771, 772 [2012]; People v Floyd, 97 AD3d 837 [2012]). … to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]).

People v. Brown

104 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

Wells, 101 AD3d 1250, 1255 [2012]; People v Singh, 16 AD3d 974, 978 [2005], lv denied 5 NY3d 769 [2005]; People v Miller, 291 AD2d 929, 929 [2002], lv denied 98 NY2d 712 [2002]). … It is well settled that defense counsel is not ineffective for failing to bring a motion that would have had little or no chance of success (see generally People v Caban, 5 NY3d 143, 152 [2005]; People v Medaro, 277 AD2d

Brown v. Garda CL Atlantic, Inc.

150 A.D.3d 542 · Appellate Division of the Supreme Court of the State of New York · May 18, 2017

Melville Snow Contrs., 98 NY2d 136, 140-143 [2002]; see also Gordon v Pitney Bowes Mgt. … Armstrong v Ogden Allied Facility Mgt. Corp., 281 AD2d 317, 318 [1st Dept 2001]).

Pichardo v. C.S. Brown Co.

35 A.D.3d 303 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2006

Here, it is undisputed that the snowblower in question was improperly repaired by defendant Brown after it left the defendant manufacturer’s control. … that Brown’s employees consulted the manual, or even had one available, when they repaired the machine (see Sosna v American Home Prods., 298 AD2d 158 [2002]).

People ex rel. Brown v. Brann

126 N.Y.S.3d 682 · Appellate Division of the Supreme Court of the State of New York · Aug 7, 2020

Brown v Brann ( 2020 NY Slip Op 04444 ) People ex rel. … Brown, on behalf of Corey Lashley, petitioner, v Cynthia Brann, etc., et al., respondents. Damien M. Brown, Brooklyn, NY, petitioner pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Hannah X.

People v. Brown

106 A.D.3d 755 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013

People v Lockley, 84 AD3d 836 [2011]). … Brothers, 95 AD3d 1227, 1229 [2012]; People v Rivera, 60 AD3d 788 [2009]; People v Bazemore, 52 AD3d 727, 727-728 [2008]; People v Murdaugh, 38 AD3d 918, 919-920 [2007]).

Smith v. Brown

105 A.D.3d 965 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 2013

Marrus, 33 AD3d at 709 , quoting People v Ferguson, 67 NY2d at 388 [internal quotation marks omitted]; see United States v Perez, 22 US 579, 580 [1824]; People v Michael, 48 NY2d 1, 9 [1979]; Matter of Morris v Livote, 105 … Stone, 49 AD3d at 126 ; see Hall v Potoker, 49 NY2d 501, 505 [1980]; Matter of Morris v Livote, 105 AD3d 43 [2013]; Matter of Cohen v Lotto, 19 AD3d 485, 486-487 [2005]).

Kirk v. State Board

58 A.D.3d 910 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 2009

Because he consented to the entry of this order, petitioner is not an aggrieved party and cannot initiate a proceeding that seeks to challenge any of its terms or conditions (see CPLR 5511; Matter of Bloom v New York State … Conduct, 301 AD2d at 882 ; see Matter of Anderson v Ambach, 89 AD2d 657, 658 [1982], lv denied 57 *911 NY2d 609 [1982]).