Case law

People v. Brown

217 A.D.2d 586 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1995

Application *587 by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated May 29, 1990 (People v Brown, 161 AD2d 778 ), affirming a judgment of the County Court, Nassau County, rendered … The defendant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745 ). Mangano, P. J., Sullivan, Balletta and Thompson, JJ., concur.

People v. Brown

55 A.D.3d 393 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2008

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). … The challenged remark was fair comment on the evidence, and was a permissible response to the defense summation (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114

Brown v. Delon

215 A.D.2d 424 · Appellate Division of the Supreme Court of the State of New York · May 8, 1995

The conflicting evidence presented a factual issue for the jury to resolve (see, Windisch v Weiman, 161 AD2d 433, 437 ). … Corp. v S. Charles Gherardi, Inc., 88 AD2d 461, 468 ). Consequently, the case must be remitted for a new trial on the issue of damages.

Brown v. Lawrence Park Realty Co.

133 A.D. 753 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1909

Matter of Brown v. Buffalo Transp., Inc.

2023 NY Slip Op 04468 · Appellate Division of the Supreme Court of the State of New York · Aug 31, 2023

Matter of Brown v Buffalo Transp., Inc. ( 2023 NY Slip Op 04468 ) Matter of Brown v Buffalo Transp., Inc. 2023 NY Slip Op 04468 Decided on August 31, 2023 Appellate Division, Third Department Published by New York State Law … Decided and Entered:August 31, 2023 533111 [*1]In the Matter of the Claim of Tara Brown, Respondent, v Buffalo Transportation, Inc., Respondent, and Southeast Personnel Leasing, Inc., et al., Appellants.

People v. Brown

222 A.D.2d 298 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 1995

Viewing the evidence in a light most favorable to the People (People v Contes, 60 NY2d 620, 621 ), the evidence was legally sufficient to establish defendant’s guilt.

Brown v. Nelson

55 A.D.3d 317 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2008

benefit to plaintiff if the injunction were granted and the irreparable harm to him if the injunction were not granted substantially outweighed the injury to defendant if the injunction were granted (see Matter of Angiolillo v

Brown v. Rohl

221 A.D.2d 436 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1995

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12

Brown v. Golia

224 A.D.2d 416 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1996

from the language of CPL 730.50 (2) that the District Attorney is not a proper party to a retention hearing and that such a hearing must be conducted by the court that issued the temporary order of commitment (cf., People v … Justice Golia exceeded his authority when he ordered the District Attorney to conduct a retention hearing and to transport the respondent Tatiana B. to the hearing (see generally, Matter of Holtzman v Hellenbrand, 130 AD2d

Price v. Board of Education

300 A.D.2d 310 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 2002

Approximately 5V2 months after the accident, the petitioners commenced the instant proceeding for leave to serve a late notice of claim on the appellant, Board of Education of the City of Yonkers. … v Mahopac Cent.

People v. Brown

220 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1995

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 ). Balletta, J.

Brown v. City of New York

63 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · May 25, 1978

Granting the plaintiff the most favorable view of the evidence as we must (Parvi v City of Kingston, 41 NY2d 553 ) we find that she has made out a prima facie case on the issue of liability and that in setting aside the verdict … and dismissing the complaint the trial court impermissibly discredited her expert witness whose testimony must have been found credible by the jury (see Loewinthan v Le Vine, 299 NY 372 ; Kelly v Watson Elevator Co., 309

People v. Brown

220 A.D.2d 289 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1995

nothing to offer in support of his motion to withdraw his plea other than unsupported protestations of innocence, and he has failed to establish that the plea was not "entered voluntarily, knowingly and intelligently” (People v

Triana v. Board of Education

47 A.D.3d 554 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2008

“The Education Law requires a probationary period of three years for a certified teacher to secure tenure (Education Law § 3014 [1])” (Matter of Speichler v Board of Coop. Educ. … Board of Educ. of W.

Bloom v. Town Board

41 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 1973

As indicated in Blumberg v. … The board was advised by me board member responsible for this particular matter that such approval had been received; At least one of the other board members was personally aware of the approval.

Krantz v. Conciliation & Appeals Board

86 A.D.2d 801 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1982

and remanding the matter to the Conciliation and Appeals Board for a new determination reversed, on the law and the facts, without costs, the petition dismissed and the determination of the Conciliation and Appeals Board … The authority of CAB to determine a fixed rate for the rendition of services by the landlord not included in the original lease has been recognized by the courts (Fresh Meadows Assoc, v Conciliation & Appeals Bd., 88 Mise

People v. Brown

221 A.D.2d 208 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1995

Vasquez, 166 AD2d 194, 195 , lv denied 77 NY2d 845 ; People v Bond, 116 AD2d 28, 31 , lv denied 68 NY2d 767 ). … Defendant’s statement that the gun was for his protection, made to the police immediately after his arrest, was properly suppressed as fruit of the poisonous tree (Wong Sun v United States, 371 US 471 ).

Jerry v. Board of Education

44 A.D.2d 198 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1974

Rep. 184) or by the court (see Marcato v. Board of Educ. of Cent. School Dist. No. 1, 40 A D 2d 978). (See, also, Matter of Kolanda v. … S. 535 ; Board of Regents v. Roth, 408 U. S. 564 ; Perry v. Sindermann, 408 U.

Vizzi v. Town Board

51 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1976

Brown v. Coughlin

210 A.D.2d 1006 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1994

otherwise affirmed in accordance with the following Memorandum: Supreme Court should have transferred this CPLR article 78 proceeding to this Court because it presented a substantial evidence issue (see, Matter of Benesch v