Case law

Community School Board District 3 v. Board of Education

38 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1972

That the City Board is to be the over-all hegemony is evident from section 2590-g of the Education Law: “ The city board * *' * shall have all the powers * * * and shgll determine all policies of the city district.” … In *933 addition, the City Board shall have power and duty to: “ 5. For all purposes, be the ‘ government ’ or ‘ public employer ’ of all persons appointed or assigned by the city board or the community hoards”.

People v. Brown

254 A.D.2d 793 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1998

Thus, that issue is not preserved for our review (see, CPL 470.05 [2]; People v Serach, 247 AD2d 885 ; People v Angel E., 233 AD2d 938 , lv denied 89 NY2d 939 ; People v Raleigh, 184 AD2d 869 , lv denied 80 NY2d 908 ), and

Brown v. City of New York

22 A.D.3d 241 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 2005

discretionary acts involving the exercise of reasoned judgment, except in those cases where plaintiffs establish that they had a “special relationship” with the municipality giving rise to a duty enforceable in tort (see Pelaez v … Seide, 2 NY3d 186 [2004]; Lauer v City of New York, 95 NY2d 95, 99 [2000]; Tango v Tulevech, 61 NY2d 34 [1983]).

BROWN, CURTIS, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Jun 17, 2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CURTIS BROWN, DEFENDANT-APPELLANT. LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT. … People v Samms, 95 NY2d 52, 58).

People ex rel. Brown v. Freisch

168 A.D. 370 · Appellate Division of the Supreme Court of the State of New York · May 7, 1915

March v. Beam ( 188 N. Y. 266, 271 ) and People ex rel. Perry v. Board of Canvassers ( 88 App. Div. 185 ). The opinion in People ex rel. March v. … (Baird v. Supervisors, etc., supra; People ex rel. McLaughlin v. Ammenwerth, supra; Merrill Mandamus, § 185; People ex rel. Smith v. Schiellein, 95 N. Y. 132 .)

People v. Brown

60 A.D.3d 1076 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 2009

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 January 22, 2008 (People v Brown, 47 AD 3d 826 … 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]).

Brown v. Harper

243 A.D.2d 669 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1997

to service of the defendant Artiz Harper’s answer and the commencement of pretrial discovery, was made before material facts and circumstances of the underlying accident had been fully developed (see, Silver Dollar Shows v

People v. Brown

247 A.D.2d 221 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1998

The court properly precluded defendant from introducing extrinsic evidence of an alleged prior inconsistent statement made by the complainant concerning a purely collateral matter (see, People v Duncan, 46 NY2d 74 , cert … v Kitchen, 162 AD2d 178 , lv denied 76 NY2d 941 ).

BROWN, KRYSTIAN, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER KRYSTIAN BROWN, DEFENDANT-APPELLANT. … Cantor, 36 NY2d 106, 111; see People v Lee, 96 AD3d 1522, 1527).

Elman v. Brown, Harris, Stevens, Inc.

286 A.D. 247 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1955

McGoldrick v. Sterling, 283 App. Div. 88 .) Whether the option to purchase is real or illusory may become a question of fact. … McGoldrick v. Sterling, supra; Gilligan v. Tishman Realty & Constr. Co., 283 App. Div. 157 , affd. 306 N. Y. 974 .)

Board of Managers of Harbor Condominiums v. Board of Assessors

238 A.D.2d 825 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1997

Board of Assessors, 81 NY2d 1036, 1039 ). … Condominium v Assessor of Town of Islip, 200 AD2d 749, *827 750 , lv denied 84 NY2d 802 ; Matter of 22 Park Place Coop, v Board of Assessors, 102 AD2d 893, 893-894 ), or that the assessments generated thereby are erroneous

People v. Brown

246 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998

The trial court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence obtained incident to his arrest (see, People v Brown, 246 AD2d 603 [decided herewith]). … the defendant additional notice pursuant to CPL 710.30 with respect to the complainant’s identification of the defendant in a photograph of a lineup since it merely confirmed the prior lineup identification (see, People v

Johnson v. Town Board

85 A.D.2d 694 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1981

In a proceeding pursuant to CPLR article 78, inter alia, to compel the Town Board of the Town of Poughkeepsie to credit petitioner with time served as a police officer of a village in the same county, the town board appeals … (see Bruno v Village of Port Chester, 77 AD2d 580 ).

People v. Brown

251 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1998

Mahboubian, 74 NY2d 174, 184 ; People v Delossantos, 242 AD2d 581 ; People v Clark, 233 AD2d 460 ; People v Apolinar, 208 AD2d 548, 549 ). … The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ). Miller, J. P., Thompson, Joy and Florio, JJ., concur.

People v. Brown

251 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1998

Accordingly, the judgment of conviction is affirmed (see, People v Cal lahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

People v. Brown

242 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 1997

Issues concerning credibility and the reliability of identification testimony were properly presented to the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94 ). Concur—Murphy, P.

Brown v. Goord

251 A.D.2d 881 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1998

dismiss the petition in view of the affidavit of service contained in the record indicating that petitioner served respondents in compliance with the directive set forth in the order to show cause (see, Matter of Erdheim v … the misbehavior reports which included a description of evidence found in petitioner’s cell linking him to the weapon, provide substantial evidence to support the determination of petitioner’s guilt (see, Matter of Foster v

People v. Brown

245 A.D.2d 1145 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1997

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J.—Robbery, 1st Degree.) Present—Green, J.

Mulgrew v. Board of Education

88 A.D.3d 72 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

Unlike Lehigh Portland Cement Co. v New York State Dept. of Envtl. … Protection v New York City Civ. Serv. Commn., 78 NY2d 318 , 323 [1991], quoting Matter of Guardian Life Ins. Co. of Am. v Bohlinger, 308 NY 174, 183 [1954]).

Cianci v. Board Education

16 A.D.2d 680 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1962

Since such expenses constitute “necessaries” furnished to the infant son, and since the father is unable to pay for them, the liability devolves upon the infant personally (Santasiero v. Briggs, 278 App. … Div. 15, 18-20 ; Goodman v. Alexander, 165 N. Y. 289, 292 ; International Text Book Co. v. Connelly, 206 N. Y. 188, 195 ; cf. Personal Property Law, § 83).