Case law

Jaked v. Board of Education

198 A.D. 113 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1921

(Corbett v. St. Vincent’s Industrial School, 177 N. Y. 16; Wilcox v. City of Rochester, 190 id. 137 ; Maxmilian v. Mayor, 62 id. 160 ; Ackley v. Board of Education, 174 App. Div. 44 ; Donovan v. … Y. 331 ; cited and approved in Titusville Iron Co. v. City of New York, 207 id. 203, 208); Higbie v. Board of Education ( 122 App. Div. 483 ); McCarton v. City of New York (149 id. 516, 519); Katz v.

BROWN, TAYE, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Feb 13, 2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT V MEMORANDUM AND ORDER TAYE M. BROWN, DEFENDANT-APPELLANT. EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (DONALD M. … Contrary to defendant’s contention, the fact that he was photographed from a closer range did not impermissibly draw attention to his photograph in the array (see People v Brown, 169 AD2d 934, 935, lv denied 77 NY2d 958;

People v. Brown

208 A.D.2d 398 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1994

a clear plastic bag he was holding while facing a second man and then drop the bag, when he looked in the officer’s direction, was not incredible as a matter of law and should not be disturbed by this Court (see, People v … beyond a reasonable doubt by legally sufficient evidence and, upon an independent review of the facts, that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 ).

Austin v. Board of Education

280 A.D.2d 365 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2001

Traficanti, 235 AD2d 566, 567 ; Matter of Soucy v Board of Educ., 51 AD2d 628, 629 ). … Further, the Hearing Officer credited the testimony of the Principal and Assistant Principal and found petitioner’s testimony to be inconsistent and incredible (see, Matter of Healy *366 v Clifton-Fine Cent.

People v. Brown

203 A.D.2d 66 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1994

agree with the hearing court that the arresting officer did not have reasonable suspicion of criminality to justify pursuit of defendant, whose appearance varied from the description provided by the complainant (cf., People v

Hejna v. Board of Appeals

105 A.D.3d 843 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2013

discretion (see Matter of Mejias v Town of Shelter Is. … Corp. v Planning Bd. of the Inc. Vil. of Great Neck, 73 AD3d 789, 789-790 [2010]; Matter of Gersten v Cullen, 203 AD2d 744, 747 [1994]).

Board of Managers v. Nehrich

73 A.D.3d 822 · Appellate Division of the Supreme Court of the State of New York · May 11, 2010

Co. v York Claims Serv., 308 AD2d at 347 ; Rosa Hair Stylists v Jaber Food Corp., 218 AD2d 793, 794 [1995]). *825 Furthermore, contrary to the Board’s contention, the governing documents did not establish that the terrace … Board of Mgrs. of Bond Parc Condominium v Broxmeyer, 62 AD3d 925 [2009]).

People v. Brown

194 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1993

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 ). Thompson, J.

People v. Brown

194 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1993

. *415 The People’s background evidence concerning street drug sales and a "buy and bust operation” was brief and limited (see, People v Gonzalez, 180 AD2d 553 , lv denied 79 NY2d 1001 ). … The difference between the People’s opening statement and their proof does not appear to stem from bad faith, and does not warrant reversal (see, People v Parker, 97 AD2d 620, 621 ).

People v. Brown

203 A.D.2d 114 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1994

Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620, 621 ), a rational trier of fact could have found beyond a reasonable doubt that the defendant committed the crime charged (People … v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), since the officers observed the defendant exiting the victim’s brownstone and entering a service alley with a brown bag later identified as belonging to the victim and which

People v. Brown

204 A.D.2d 243 · Appellate Division of the Supreme Court of the State of New York · May 31, 1994

People v. Brown

201 A.D.2d 492 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1994

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 ). Mangano, P.

People v. Brown

193 A.D.2d 751 · Appellate Division of the Supreme Court of the State of New York · May 17, 1993

The defendant’s contention that the evidence was legally insufficient was not preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250 ). … Criminal facilitation is not a lesser-included offense of criminal sale of a controlled substance in the third degree (see, People v Glover, 57 NY2d 61 ).

Meyerhoff v. Brown

207 A.D.2d 1018 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1994

Memorandum: Family Court properly found that respondent willfully violated the order of support incorporated in the parties’ judgment of divorce (see, Family Ct Act § 454; Matter of D’Angelo v D’Angelo, 57 AD2d 1042 ). … The issue concerning attorney’s fees is not properly before us because that part of the order appealed from is not final (see, Family Ct Act § 1112 [a]; Staley v Staley, 134 AD2d 911 ).

Smith v. Board of Appeals

202 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1994

Our review of the Board’s determination is limited to whether that determination has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Fox v Corcoran, 172 AD2d … This Court may not substitute its discretion for that of the Board unless its determination is arbitrary or contrary to law (see, Matter of Brucia v Planning Bd., 157 AD2d 657 ).

People v. Brown

205 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1994

Defendant’s plea allocution demonstrates a knowing and voluntary waiver of his right to appeal the conviction that was to be entered in his negotiated plea of guilty (see, People v Seaberg, 74 NY2d 1 ), which waiver included … the negotiated sentence the court ultimately imposed (People v Allen, 82 NY2d 761 ).

People v. Brown

199 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1993

The evidence adduced, apart from any information from the confidential informant, established that probable cause existed to arrest defendant (see, People v Liberatore, 79 NY2d 208, 215-216 ; People v White, 16 NY2d 270 , … cert denied 386 US 1008 ; People v Johnson, 129 AD2d 815 ).

Brown v. City of New York

40 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1972

(Hacker v. City of New York, 26 A D 2d 400, affd. 20 N Y 2d 722.) *786 On the record before us, it appears that Allied was as culpable as The City. … (Glanzer v. Shepherd, 233 N. Y. 236 ; Marks v. Nambil Realty Co., 245 N. Y. 256 .) Accordingly, we apportion the damages evenly between The City and Allied. Settle order on notice. Concur — Stevens, P.

Brown v. Wyckoff Heights Medical Center

28 A.D.3d 412 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2006

Co. v Cardinal Abstract Corp., 14 AD3d 678, 680 [2005]). … Accordingly, Wyckoff s claim that Lee negligently performed his employment contract is not cognizable (see City of New York v 611 W. 152nd St., 273 AD2d 125, 126 [2000]; Fluhr v Goldscheider, 264 AD2d 570, 571 [1999]).

People v. Brown

204 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · May 23, 1994

Goetz, 68 NY2d 96 ; People v Fousse, 167 AD2d 416 ; People v Richardson, 155 AD2d 488 ). … reason to believe the victim was about to use deadly force against him (see, People v Jones, 175 AD2d 294 ; People v Fousse, supra; People v Richardson, supra).