Case law

People v. Brown

262 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

People v. Brown

262 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.

People v. Brown

266 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.

People v. Brown

259 A.D.2d 491 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 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 ). Miller, J.

Board 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.

Epstein 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

Brown v. Costello

262 A.D.2d 971 · 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, Oneida County, Shaheen, J.) Present — Den-man, P.

Jackson v. Board of Education

30 A.D.3d 57 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2006

The court also cited Amato v State of New York ( 131 Misc 2d 1049, 1052 [1986]) for the proposition that Education Law § 6306 produces a “dual nature of operation, maintenance and control” in which the Board of Education … Callanan Indus., 99 NY2d 104 [2002]; Espinal v Melville Snow Contrs., 98 NY2d 136, 138-139 [2002]; Palka v Servicemaster Mgt.

Brown Harris Stevens Westhampton LLC v. Gerber

107 A.D.3d 526 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2013

Corp. v Tower Ins. Co. of N.Y., 81 AD3d 516 , 517 [1st Dept 2011]). … Defendant’s deposition testimony, although not available at the time of the first motion, did not yield such new evidence as to warrant consideration of the second motion (see Pavlovich v Zimmet, 50 AD3d 1364, 1365 [3d Dept

People v. Brown

256 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1998

Contrary to the defendant’s contention, he failed to demonstrate that he possessed a legitimate expectation of privacy in any portion of the building where he was observed and arrested by the police (see generally, People v … Murray, 233 AD2d 956 ; People v Bartley, 219 AD2d 566 ; People v Cunningham, 170 AD2d 524 ; People v Maltese, 149 AD2d 626 ).

People ex rel. Brown v. Bednosky

190 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1993

Parone v Phimister, supra, at 580). … Lazer v Warden, 79 NY2d 839 ; People ex rel. Mascia v Jacquin, 184 AD2d 542 ). Thompson, J. P., Rosenblatt, Lawrence and Miller, JJ., concur.

People v. Brown

257 A.D.2d 662 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 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 ). Miller, J.

Brown v. Uptown Communications & Electric, Inc.

131 A.D.3d 1081 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 2015

Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]; Cotterell v State of New York, 129 AD3d 653, 655 [2015]; King v North Shore Long Is. … Jewish Guild for the Blind, 3 NY3d at 313; Cotterell v State of New York, 129 AD3d 653, 655 [2015]; Nettles v LSG Sky Chefs, 94 AD3d 726, 731 [2012]).

People v. Brown

256 A.D.2d 1110 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1998

72 NY2d 867 ; see also, People v Rivera, 71 NY2d 705, 708-709 ). … The prosecutor thereby provided a race-neutral explanation for the peremptory challenge (see generally, People v Allen, 86 NY2d 101, 109-110 ; People v Boyd, 236 AD2d 833 , lv denied 89 NY2d 1089 ).

Bertran v. Brown

260 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1999

As to the question of duty, the City can be held liable for permitting dangerous obstructions or nuisances to remain on its streets and sidewalks (see, Kamnitzer v City of New York, 265 App Div 636, 636-638 ).

People v. Brown

254 A.D.2d 783 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1998

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing in accordance with the same Memorandum as in People v Brown ( 254 AD2d 781 [decided herewith]).

People v. Brown

251 A.D.2d 509 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1998

—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 May 30, 1995 (People v Brown, 215 AD2d 772 ), … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). Pizzuto, J. P., Joy, Friedmann and Goldstein, JJ., concur.

Rodriguez v. Brown

257 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1999

counsel, is without evidentiary value because counsel had no personal knowledge of the facts, and therefore was insufficient to defeat the plaintiffs prima facie showing of entitlement to summary judgment (see, Zuckerman v

Brown v. McGann

259 A.D.2d 748 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1999

there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v … Goldman, 71 NY2d 564, 569 ; see, Matter of Rush v Mordue, 68 NY2d 348, 352 ).

Alvarez v. State Board

74 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1980