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262 A.D.2d 328 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1999
Dwyer, 243 AD2d 645 ; People v Beverly, 220 AD2d 881 ; People v Brownlee, 193 AD2d 752 ). … Such hearsay statements were inadmissible as they were not relevant to diagnosis or treatment (see, People v Pette, 251 AD2d 601 ; People v Townsley, 240 AD2d 955 ; People v Harris, 132 AD2d 940, 941 ).
Cited 0 timesPublished270 A.D.2d 143 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2000
Were we to review these claims, we would find that the challenged portions of the summation did not serve to deprive defendant of a fair trial (see, People v Overlee, 236 AD2d 133 , lv denied 91 NY2d 976 ; People v D’Alessandro
Cited 0 timesPublishedAppellate Division of the Supreme Court of the State of New York · Dec 23, 2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER ADRIAN BROWN, DEFENDANT-APPELLANT. FRANK H. … Montanez, 135 AD3d 528, 528, lv denied 27 NY3d 1072; People v Magin, 1 AD3d 1024, 1025; see generally People v Rivera, 259 AD2d 316, 316-317).
Cited 0 timesPublished269 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 2000
The trial court providently exercised its discretion in denying the defendant’s application for a further psychiatric examination pursuant to CPL article 730 to ascertain his competency (see, People v Mokrzycki, 216 AD2d … 493 ; People v Savona, 176 AD2d 362 ).
Cited 0 timesPublished269 A.D.2d 789 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000
By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662 … The recitation by defendant of the details of the drug sale does not cast significant doubt upon his guilt (see, People v Lopez, supra, at 666).
Cited 0 timesPublishedBrown & Williamson Tobacco Corp. v. Wigand
228 A.D.2d 187 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1996
Plaintiff Brown and Williamson Tobacco Corporation ("B&W”) has failed to overcome the qualified protection enjoyed by deponents-respondents concerning their newsgathering activities.
Cited 5 timesPublished29 A.D.3d 447 · Appellate Division of the Supreme Court of the State of New York · May 23, 2006
any disability and plaintiff failed to provide any reasonable explanation for the undisputed circumstance that he ceased all treatment for his alleged permanent injuries some six months after the accident (see Pommells v … Huntwork, 26 AD3d 214 [2006]; Smith v Brito, 23 AD3d 273 [2005]).
Cited 2 timesPublished268 A.D.2d 439 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2000
Thus, we remit the matter to the Supreme Court for a reconstruction hearing to determine if the defendant was present (see, People v Michalek, 82 NY2d 906 ; People v Favor, 82 NY2d 254 ; People v Dokes, 79 NY2d 656 ; People … v Smythe, 216 AD2d 424 ; People v Bazil, 212 AD2d 622 ).
Cited 0 timesPublishedBrown v. World Financial Properties, Inc.
306 A.D.2d 303 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2003
Co., 89 NY2d 499, 503 [1997]; Stuckey v Westchester County Dept. of Transp., 298 AD2d 577 [2002], lv denied 100 NY2d 502 [2003]; Raffa v Cook, 289 AD2d 385 [2001]; Wechsler v First Unum Life Ins. … Co., supra at 503; Stuckey v Westchester County Dept. of Transp., supra).
Cited 3 timesPublished267 A.D.2d 1070 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1999
—Judgment unanimously affirmed (see, People v Hidalgo, 91 NY2d 733 ). (Appeal from Judgment of Supreme Court, Erie County, Buscaglia, J. — Murder, 2nd Degree.) Present — Green, J. P., Hayes, Scudder and Balio, JJ.
Cited 0 timesPublishedBrown v. City Sam Restaurants, Inc.
246 A.D.2d 301 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 1998
foods earlier that day, that he had a known food allergy to some shellfish, that no one else in his dinner party became sick, and where his own medical evidence was inconclusive as to the cause of his symptoms (see, Valenti v … Tea Co., 207 AD2d 340 ; Pendola v M. & S. Cafeteria, 206 Misc 595 ).
Cited 6 timesPublished66 A.D.3d 1437 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2009
, 489-490 [1979], cert denied 445 US 952 [1980]; Matter of Hall v Town of Henderson, 17 AD3d 981 [2005], lv denied 5 NY3d 714 [2005]; Matter of Chyu v County of Chautauqua, 115 AD2d 989 [1985]). … Grant, 56 AD3d 663 , 665 [2008]; see generally Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978]).
Cited 0 timesPublishedMeyer v. Woodward-Brown Realty Co.
209 A.D. 548 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1924
The City Court of New York in the case of Price v. Woodward-Brown Realty Co. sustained a demurrer to the complaint and denied plaintiff’s motion for judgment on the pleadings. … (Price v. Woodward-Brown Realty Co., 190 N. Y. Supp. 561 .) Leave was granted to the defendant to appeal to this court from the determination of the Appellate Term, reversing the City Court.
Cited 5 timesPublishedBrown v. New York Design Ctr., Inc.
2023 NY Slip Op 01228 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 2023
Brown v New York Design Ctr., Inc. ( 2023 NY Slip Op 01228 ) Brown v New York Design Ctr., Inc. 2023 NY Slip Op 01228 Decided on March 09, 2023 Appellate Division, First Department Webber, J. … Higgitt Index No. 155964/14 Appeal No. 17203 Case No. 2022-01472 [*1]Mabel Johanna Brown et al., Plaintiffs-Respondents-Appellants, v New York Design Center, Inc., Defendant-Appellant-Respondent, Newmark Knight Frank Global
Cited 5 timesPublished262 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1999
People v Udzinski, 146 AD2d 245 ). … Since the defendant specifically waived the right to a charge of extreme emotional disturbance, the court’s failure to so charge did not constitute error (see, People v Petrovich, 87 NY2d 961 ; People v Feris, 144 AD2d 691
Cited 0 timesPublished262 A.D.2d 498 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1999
Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Bracken, J.
Cited 0 timesPublished266 A.D.2d 887 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1999
—Judgment unanimously affirmed (see, People v Hidalgo, 91 NY2d 733 ). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P.
Cited 0 timesPublished262 A.D.2d 1073 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1999
—Proceeding unanimously dismissed without costs as moot (see, Matter of Free v Coombe, 234 AD2d 996 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Orleans County, Punch, J.) Present — Lawton, J.
Cited 0 timesPublishedBoard of Education v. Board of Cooperative Educational Services
37 A.D.2d 330 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1971
one-man one-vote ’ ’ rule in that, having the power to tax, respondent is therefore a legislative body whose members should be elected either by popular vote or by giving each district a proportionate share of members on its board … Board of Educ., 387 U. S. 105, 108, 109-111 ; see, also, Hadley v. Junior Coll. Dist., 397 U. S. 50 ). The order should be affirmed. Herlihy, P. J., Staley, Jr., G-reenblott and Cooke, JJ., concur.
Cited 3 timesPublishedEpstein v. Board of Examiners of Board of Education
255 A.D. 902 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1938
Cited 0 timesPublished
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