Case law

Brown v. Kelly

100 A.D.3d 480 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2012

was the natural and proximate result of a service-related accident (see Matter of McCambridge v McGuire, 62 NY2d 563, 568 [1984]). … An accident is a “sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact” (Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art.

Wilmington Sav. Fund Socy. v. Brown

2026 NY Slip Op 01626 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2026

Fund Socy. v Brown ( 2026 NY Slip Op 01626 ) Wilmington Sav. … Fund Socy. v Brown 2026 NY Slip Op 01626 Decided on March 19, 2026 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Village Board of Trustees v. Zoning Board of Appeals

164 A.D.2d 24 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 1990

This court has held that, absent the finding that the decision of a planning board is arbitrary or unlawful, "a court will not substitute its discretion for that of the planning board” (Matter of Viscio v Town of Guilderland … Therefore, the Board’s decision was both arbitrary and without a rational basis, and as such, was properly annulled (see, Matter of Cowan v Kern, 41 NY2d 591 , 599, supra).

Brown v. Huntington Medical Group

229 A.D.2d 458 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1996

Brown had not properly been appointed as executrix of the decedent’s estate at the time of commencement of the action. On September 16, 1994, the defendant Mary C. … New York State Thruway Auth., 81 NY2d 721 ; Campbell v Command Sec., 216 AD2d 508 ; Matter of Tuxedo Conservation & Taxpayers Assn. v Town Bd., 213 AD2d 655 ).

Brown v. Fischer

98 A.D.3d 778 · Appellate Division of the Supreme Court of the State of New York · Aug 2, 2012

misbehavior report, testimony at the hearing and confidential information, supports the determination finding petitioner guilty of conspiring with his girlfriend to smuggle drugs into the correctional facility (see Matter of Ware v … negate petitioner’s guilt, as violation of those rules occurred when petitioner solicited and conspired with another to bring the drugs into the facility (see 7 NYCRR 270.2 [B] [14] [xv]; [15] [i]; see also Matter of Sanders v

Kahn v. Planning Board

60 A.D.3d 1451 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2009

The record establishes that petitioner did not argue to respondent Planning Board of City of Buffalo that it violated article 8 of the Environmental Conservation Law in failing to refer the project to the City of Buffalo … O’Donnell v Town of Schoharie, 291 AD2d 739, 741-742 [2002]; Matter of Forjone v Bove, 280 AD2d 948 [2001]).

Willard v. Town Board

216 A.D.2d 861 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1995

Moreover, the Town Board lacks the authority to appoint an employee to a permanent position retroactively (see, Matter of Montero v Lum, 68 NY2d 253, 259-260 ) even if the purpose was to change a temporary appointment to … (see, Hurley v Board of Educ., 270 NY 275, 280 ).

Gershowitz v. Planning Board

69 A.D.2d 460 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1979

Corp. v Board of Appeals of Vil. of Amityville ( 309 NY 730 ), and Matter of Wehr v Crowley ( 6 AD2d 214 ), support this analysis and should be discussed at this point. In Matter of B&G Constr. … Board of Zoning Appeals, 30 A D 2d 672; Matter of Glenel Realty Corp. v.

Brown v. General Electric Corp.

255 A.D.2d 642 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1998

People v. Brown

98 A.D.3d 1132 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2012

Counsel’s application for leave to *1133 withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. … [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Rivera, J.E, Florio, Dickerson and Lott, JJ., concur.

Brown v. Hardy

159 N.Y.S. 1102 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1916

Brown v. HoffMan

157 N.Y.S. 1119 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1916

Brown v. Fischer

98 A.D.3d 775 · Appellate Division of the Supreme Court of the State of New York · Aug 2, 2012

Fischer, 92 AD3d 1061, 1062 [2012]; Matter of Samuel v Fischer, 53 AD3d 960, 960 [2008]). … Fischer, 82 AD3d 1396, 1397 [2011]) and questioning the correction sergeant who interviewed the confidential source (see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012]; Matter of Elliott v Fischer, 94 AD3d 1326, 1327

Brown v. Ryder Truck Rental, Inc.

172 A.D.2d 477 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1991

A court will vacate such a default upon a showing of a meritorious cause of action, a justifiable excuse for the default and absence of willfulness (see, Goldstein Affiliates v Len Art Knitting Corp., 75 AD2d 551 ). … In a proper exercise of its discretion, the trial court concluded that this showing was sufficient (cf., Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693 ). Thompson, J.

People v. Brown

98 A.D.3d 1132 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2012

Counsel’s application for leave to *1133 withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. … [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Rivera, J.E, Florio, Dickerson and Lott, JJ., concur.

Burtman v. Brown

97 A.D.3d 156 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2012

Lee v City of New York, 162 AD2d 34, 38-39 [1990], lv denied 78 NY2d 863 [1991]). … It should be evident, however, that one doctor’s negligence may not be excused by the inadequate treatment provided by another (see Datiz v Shoob, 71 NY2d 867 [1988]; Ruddy v Nolan, 37 AD3d 694, 695 [2007]).

People v. Brown

96 A.D.3d 1561 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 2012

NY3d 702 [2004]; see People v Bassett, 55 AD3d 1434, 1438 [2008], lv denied 11 NY3d 922 [2009]). … merit (see People v Scott, 12 AD3d 1144, 1145 [2004], lv denied 4 NY3d 767 [2005]).

Brown v. Travelers' Life & Accident Insurance

26 A.D. 544 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Brown, the plaintiff, brought this action to recover-the sum of $750 for services alleged to have been rendered the, defendant at the request of its attorney, Frank V.

Town Board v. Plonski

13 A.D.2d 704 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1961

In our opinion, there is sufficient in the record to support the determination of the Zoning Board, when it was made. … However, the right to an extension did not vest, and this appeal must be decided upon the law as it now exists (Matter of Dengles v. Young, 3 A D 2d 758).

Brown v. Fragrance Group, Ltd.

254 A.D.2d 206 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1998