Case law

Metz v. Woodward-Brown Realty Co.

182 A.D. 60 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1918

(Barrett v. Third Ave. R. R. Co., 45 N. Y. 628 ; Lund v. Spencer, 42 App. Div. 543 ; Lawrence v. Wilson, 86 id. 472.) … (Mills v. Mills, 40 N. Y. 543 , citing Clippinger v. Hepbaugh, 5 W. & S. 315 ; Fuller v. Dame, 18 Pick. 472 , 479.)

BROWN, CLIFFORD, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CLIFFORD BROWN, DEFENDANT-APPELLANT. JAMES S. KERNAN, PUBLIC DEFENDER, LYONS (DAVID M. … , 133 AD3d 1063, 1064; People v Leach, 106 AD3d 1387, 1388; People v Felice, 100 AD3d 609, 610).

Brown v. Goord

283 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · May 10, 2001

Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Curtis v Goord, 274 AD2d 808 ; Matter of Maldonado v Miller, 259 AD2d 912 ). Mercure, J.

Brown v. Cerrone

283 A.D.2d 934 · Appellate Division of the Supreme Court of the State of New York · May 2, 2001

Brown (plaintiff) when his boat collided with defendant’s boat. … v YMCA of Lockport, 206 AD2d 911, 912 ).

Martin v. Brown

69 A.D.3d 1194 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 2010

Gill v Greene, 12 NY3d 1, 4 [2009], cert denied sub nom. … Gill v Rock, 558 US —, 130 S Ct 86 [2009]; Matter of Tucker v New York State Dept, of Correctional Servs., 66 AD3d 1103, 1104 [2009]; Matter of Livingston v James, 66 AD3d 1096, 1097 [2009]; Matter of Dalton v James, 66 AD3d

Claim of Brown v. City of Rome

66 A.D.3d 1092 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2009

Whether an employer-employee relationship exists is a factual issue for the Board, and its finding will be upheld if substantial evidence in the record supports it (see Matter of Long v Liberty Mut. Ins. … In our view, these facts constitute substantial evidence supporting the Board’s determination, notwithstanding the presence of evidence that could support a contrary result (see Matter of Jara v SMJ Envtl., Inc., 55 AD3d

Janiak v. Planning Board

159 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1990

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Greenville, dated February 1, 1988, which imposed a condition on the petitioner’s site plan approval for … This court cannot substitute its judgment for that of the respondent (see, Matter of Gronbach v Simpkins, 96 AD2d 1100 ; Matter of Currier v Planning Bd., 74 AD2d 872 , affd 52 NY2d 722 ).

Holmes v. Brown

68 A.D.3d 1240 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2009

Gill v Greene, 12 NY3d 1, 4 [2009], cert denied sub nom. Gill v Rock, 558 US —, 130 S Ct 86 [2009]; People ex rel. Berman v Artus, 63 AD3d 1436, 1437 [2009]; People ex rel. … Nadal v Rivera, 63 AD3d 1434, 1435 [2009]; People ex rel. Styles v Rabsatt, 63 AD3d 1365, 1366 [2009]).

People v. Brown

68 A.D.3d 889 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 2009

Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

People v. Brown

69 A.D.3d 750 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2010

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

281 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 2001

Counsel’s motion to be relieved of assignment granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Allegany County Court, Feeman, Jr., J. — Filing False Instrument, 2nd Degree.)

People v. Brown

70 A.D.3d 1379 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2010

Same memorandum as in People v Brown ( 70 AD3d 1378 [2010]). Present—Smith, J.P., Carni, Pine and Gorski, JJ.

Lizardo v. Board of Education

77 A.D.3d 437 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2010

The affidavit plaintiff submitted, by a “Sports Liability Consultant” and “Board Certified Forensic Examiner with a ‘Fellow Designation’ of the American College of Forensic Examiners,” fails to support the claim of negligence … In any event, the teacher’s duty of supervision is the same as that of a reasonably prudent parent (see Ohman v Board of Educ. of City of N.Y., 300 NY 306, 309 [1949]), and does not require strict compliance with formal rules

Brown v. Goord

275 A.D.2d 821 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 2000

“To succeed on such a claim, petitioner was required to establish that prejudice resulted from any failure of the assistant to comply with his duties” (Matter of Maier v Mann, 187 AD2d 850, 850-851 ). … Accordingly, petitioner has failed to demonstrate that he suffered any prejudice (see, Matter of Roman v Goord, 272 AD2d 695 ). We have examined petitioner’s remaining contentions and find they are without merit.

People v. Brown

272 A.D.2d 622 · Appellate Division of the Supreme Court of the State of New York · May 30, 2000

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 beyond a reasonable doubt that the defendant knowingly entered

Brown v. City of New York

246 A.D.2d 568 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998

Under these circumstances, summary judgment is not warranted (see, Amatulli v Delhi Constr. … Corp., 77 NY2d 525 ; Ziecker v Town of Orchard Park, 75 NY2d 761 ; Denkensohn v Davenport, 75 NY2d 25 ; Johnson v Cherry Grove Is. Mgt., 175 AD2d 827 ). Thompson, J. P., Joy, Florio and Luciano, JJ., concur.

People v. Brown

278 A.D.2d 177 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2000

The circumstances of the sale warrant the common-sense inference that defendant knew that the goods he was selling were counterfeit (see, People v Cintron, 95 NY2d 329 ; People v Reisman, 29 NY2d 278, 285 ).

People v. Brown

278 A.D.2d 126 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2000

(See, Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 .)

People v. Brown

278 A.D.2d 44 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 2000

(See, Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833.)

Rotanelli v. Board of Elections

109 A.D.3d 562 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 2013

“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” *563 (Matter of Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]; see Matter of Nunziato v Messano, … 87 AD3d 647 [2011]; Matter of Gorman v Board of Elections in the City of N.Y., 76 AD3d 658 [2010]; Matter of Del Villar v Vekiarelis, 59 AD3d 642, 643 [2009]).