Case law

People v. Brown

294 A.D.2d 590 · Appellate Division of the Supreme Court of the State of New York · May 28, 2002

Gray, 86 NY2d 10, 19 ; People v Williams, 247 AD2d 416 ). … The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 86 ). Altman, J.P., S. Miller, McGinity and Schmidt, JJ., concur.

People v. Brown

294 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · May 3, 2002

“If defendant has not appeared at the end of the 30-day period, the elements of the crime have been completed and satisfied, whether the predicate criminal charges are still pending or have been resolved” (People v Eiffel … concerning prior convictions even though inquiry into the facts underlying those convictions was not permitted (see People v Walker, 83 NY2d 455, 459 ).

People ex rel. Maxian v. Brown

164 A.D.2d 56 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1990

Maxian (Roundtree) v Brown, the first of the two decisions presented for our review, Justice Soloff, in a thorough and well-reasoned opinion, held that in applying the above-quoted provision it would be presumed that an arraignment … Murphy (Lovells) v Brown, the second of the decisions here to be reviewed. Respondents-appellants take issue with Justice SolofFs construction of CPL 140.20 (1).

People v. Brown

90 A.D.3d 944 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2011

*945 The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).

People v. Brown

293 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2002

In any event, the testimony was relevant, and its probative value was not “substantially outweighed by the danger that it [would] unfairly prejudice” the defendant or mislead the jury (People v Scarola, 71 NY2d 769, 777 ; … see People v Alvino, 71 NY2d 233, 242 ; People v Acevedo, 40 NY2d 701, 704 ).

Brown v. Marrero

293 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2002

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from proceeding with the prosecution of a criminal action entitled People v Brown, pending in the Supreme Court … Goldman, 71 NY2d 564, 569 ; see Matter of Rush v Mordue, 68 NY2d 348, 352 ).

Salzano v. Zoning Board

63 A.D.3d 850 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2009

whether the action taken by the board was illegal, arbitrary or an abuse of discretion” (Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]). … Thus, the determination of a zoning board should be sustained if it has a rational basis and is not arbitrary and capricious (see Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Enisman v Town of Poughkeepsie

People v. Brown

293 A.D.2d 777 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2002

The judgment is therefore affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Stokes, 95 NY2d 633 ; People v Cruvoys, 113 AD2d 979 , lv denied 67 NY2d 650 ). *778 Cardona, P.J., Crew

Capizzi v. Brown Chiari LLP

2024 NY Slip Op 00535 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2024

Capizzi v Brown Chiari LLP ( 2024 NY Slip Op 00535 ) Capizzi v Brown Chiari LLP 2024 NY Slip Op 00535 Decided on February 2, 2024 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant … CAPIZZI, PLAINTIFF-RESPONDENT-APPELLANT, v BROWN CHIARI LLP, DONALD P. CHIARI AND JAMES E. BROWN, DEFENDANTS-APPELLANTS-RESPONDENTS. RUPP PFALZGRAF LLC, BUFFALO (R.

Price v. Woodward-Brown Realty Co.

201 A.D. 837 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1922

Claim of Brown v. Rosen

218 A.D. 531 · Appellate Division of the Supreme Court of the State of New York · Nov 11, 1926

(Kackel v. Serviss, 180 App. Div. 54 .) … I recommend that the award of the Industrial Board be reversed and the claim dismissed, with costs against the State Industrial Board. All concur, except H. T. Kellogg, J., dissenting.

People v. Brown

294 A.D.2d 513 · Appellate Division of the Supreme Court of the State of New York · May 20, 2002

The information given to the defendant provided him with a sufficient basis upon which to challenge the warrant as not supported by probable cause (see People v Peterson, 266 AD2d 480 ). Florio, J.P., Friedmann, H.

People v. Brown

295 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2002

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. … The imposition of consecutive sentences on those convictions, involving the same stolen vehicle, would violate Penal Law § 70.25 (2) (see People v Laureano, 87 NY2d 640 ).

D'Angelo v. Zoning Board

229 A.D.2d 945 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1996

Such a showing is no longer necessary (Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 352 ; see, Matter of Sasso v Osgood, 86 NY2d 374 ). … Rather, "the Zoning Board, before granting an area variance, must engage in a balancing test, considering the factors outlined in [Town Law § 267-b (3)] * * * and weighing the benefit to the applicant against the detriment

People ex rel. Brown v. O'Brien

137 A.D. 311 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1910

Brown, the relator, to and in the office' and position of electrical engineer of the electrical bureau for the boroughs of Manhattan and the Bronx. … April v. Butler ( 122 App.

American Motors Sales Corp. v. Brown

152 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1989

The courts in General Motors Corp. v Cotton (supra), and Matter of Dente v Worldwide Volkswagen Corp. … Mary’s Hosp. v Catherwood, 26 NY2d 493, 508 , supra).

Connors & Ferris, Llp v. Brown Chiari LLP

2025 NY Slip Op 07123 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2025

Connors & Ferris, Llp v Brown Chiari LLP (2025 NY Slip Op 07123) Connors & Ferris, Llp v Brown Chiari LLP 2025 NY Slip Op 07123 Decided on December 23, 2025 Appellate Division, Fourth Department Published by New York State … CONNORS, PLAINTIFFS-APPELLANTS, v BROWN CHIARI LLP, DEFENDANT-RESPONDENT. GROSS SHUMAN P.C., BUFFALO (DAVID H. ELIBOL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. BROWN CHIARI LLP, BUFFALO (MICHAEL C.

People v. Brown

291 A.D.2d 454 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2002

—Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated September 20, 1999 (People v Brown,, 264 AD2d … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). Ritter, J.P., Altman, Feuerstein and Schmidt, JJ., concur.

People v. Brown

290 A.D.2d 226 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 2002

fourth-degree grand larceny, would be presented to the grand jury, notwithstanding that defendant was ultimately indicted for the additional charges of first- and second-degree robbery, all involving the same incident (see, People v … Guzman, 233 AD2d 527 , lv withdrawn 89 NY2d 1012 ; People v Hernandez, 223 AD2d 351 ).

People v. Brown

293 A.D.2d 384 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2002

Application by appellant’s counsel to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833).