Case law

Bertola v. Board of Education

1 A.D.2d 973 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1956

(Ohman v. Board of Educ. of City of N. Y., 275 App. Div. 840 , affd. 300 N. Y. 306 ; Peterson v. City of New York, 267 N. Y. 204 ; Berner v. Board of Educ., 286 N. Y. 174 ; Clark v. City of Buffalo, 288 N. … Y. 62 ; May v. Board of Educ., Union Free School Dist. No. 1, Town of Mamaroneck, 269 App. Div. 959 , affd. 295 N. Y. 948 .) Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

People v. Brown

214 A.D.2d 749 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1995

—Application by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated December 1, 1986 (People v Brown, 125 AD2d 320 ), affirming a judgment of the Supreme Court, Kings 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., Thompson, Sullivan and Gold-stein, JJ., concur.

People v. Brown

213 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 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. Ward

211 A.D.2d 469 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1995

retiree is entitled to [accident disability] benefits as a matter of law” (Matter of Canfora v Board of Trustees, 60 NY2d 347, 352 ). … As a result, the determination of the Board of Trustees, which adopted the Medical Board’s findings, was not erroneous as a matter of law.

People v. Brown

213 A.D.2d 193 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

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

Littlewort v. Board of Elections

87 A.D.3d 642 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2011

505, 505 [2005]; see Matter of Del Villar v Vekiarelis, 59 AD3d 642 [2009]; Matter of Master v Pohanka, 43 AD3d 478 [2007]). … Romanowski, 65 AD3d 992 [2009]; Matter of MacDougall v Board of Elections of City of N.Y., 133 AD2d 198 [1987]; see also Matter of Nunziato v Messano, 87 AD3d 647 [2011] [decided herewith]; Matter of Watch v Halloran, 87

Brown v. Tishman Constr. Corp. of N.Y.

2024 NY Slip Op 02089 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 2024

Brown v Tishman Constr. Corp. of N.Y. ( 2024 NY Slip Op 02089 ) Brown v Tishman Constr. … Index No. 154484/19 Appeal No. 1671 Case No. 2023-03230 [*1]William Brown, Plaintiff-Appellant-Respondent, v Tishman Construction Corporation of New York, Defendant-Respondent-Appellant, Bop Ne LLC, Defendant-Respondent.

Miller v. Board of Education

249 A.D. 738 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1936

(Peterson v. City of New York, 267 N. Y. 204 .)

Brown v. Ciminelli-Cowper, Inc.

2 A.D.3d 1308 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2003

This Court has previously determined that a scissor lift is “a device that is ‘functionally similar’ to a scaffold” (Primavera v Benderson Family 1968 Trust, 294 AD2d 923, 924 [2002]), and thus we conclude that the scissor … an issue of fact whether defendant’s practice of directing contractors to correct safety concerns at the work site rendered defendant an agent of the owner within the meaning of Labor Law § 241 (6) (see generally Ortega v

Aparicio v. Environmental Control Board

83 A.D.3d 1054 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2011

[2010]; Matter of Roth v Manhasset Union Free School Dist., 60 AD3d 771, 772 [2009]). … , Inc. v City of New York, 11 AD3d 682, 683 [2004]; cf.

People v. Brown

209 A.D.2d 710 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1994

The People’s obligation to produce the pretrial statements of *711 prosecution witnesses is limited to that material which is in their possession or control (see, People v Tissois, 72 NY2d 75 ; People v Fishman, 72 NY2d 884 … The interview report in this case was not in the possession or control of the prosecution and thus did not constitute Rosario material (see, People v Flynn, 79 NY2d 879 ; People v Kelly, 209 AD2d 436 ).

People v. Brown

209 A.D.2d 531 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1994

the defen *532 dant’s request to withdraw his plea (see, People v Pettway, 140 AD2d 721, 722 ). … Accordingly, the judgment of conviction is affirmed (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

People v. Brown

207 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 1994

Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), we find that the evidence was sufficient … Moreover, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 ).

People v. Brown

197 A.D.2d 697 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1993

Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ). … The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Bracken, J. P., Sullivan, Eiber and Pizzuto, JJ., concur.

Gordon v. Brown

197 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1993

Petitioner received a fair hearing since he had the opportunity to cross-examine the witnesses giving material testimony against him (cf., Matter of Erdman v Ingraham, 28 AD2d 5 ). … There is no need for the respondent to make available the people who actually performed the tests since EMIT and GCMS tests are reliable indicators of drug use (Matter of Shepard v Ward, 155 AD2d 293 ).

Rowe v. Board of Education

120 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · May 15, 1986

Marra, 116 AD2d 786 ; Blakeslee v Lubell, 66 AD2d 958 ). … A court has no right to invade the province of the jury unless "no reasonable [person] would solve the litigation in the way the jury has chosen to do” (Rapant v Ogsbury, 279 App Div 298, 299 ).

People v. Brown

210 A.D.2d 492 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1994

Accordingly, the judgment of conviction is affirmed (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

Reisner v. Board of Regents

142 A.D.2d 22 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1988

Board of Regents, 109 AD2d 925 ; see, Matter of Pell v Board of Educ., 34 NY2d 222 , 232). … Board of Educ., 34 NY2d 222 , 233, supra, quoting Matter of Stolz v Board of Regents, 4 AD2d 361, 364 ).

Pyramid Co. v. Planning Board

24 A.D.3d 1312 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2005

” (Matter of Jackson v New York State Urban Dev. … We thus reverse the judgment and grant the amended petition in part by annulling the Board’s determination (see generally Matter of Taxpayers Opposed to Floodmart v City of Hornell Indus. Dev.

Campuzano v. Board of Education

54 A.D.3d 268 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 2008

J.), entered on or about March 3, 2008, which, to the extent appealed from, denied plaintiffs’ motion for partial summary judgment on their Labor Law § 240 (1) claim and denied the cross motion by defendants-appellants Board … Corp. of N.Y., 50 AD3d 287 [2008]; see also Panek v County of Albany, 99 NY2d 452, 458 [2003]).