Case law

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.

People v. Brown

185 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1992

We have recently determined in People v Rodriguez ( 184 AD2d 317 ), that a trial court properly exercised its discretion with respect to voir dire.

People v. Brown

185 A.D.2d 327 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 1992

claim that the prosecutor’s summation constituted reversible error is unpreserved for appellate review since the remarks now alleged to have been prejudicial were not objected to at the trial (see, CPL 470.05 [2]; People v … In any event, the prosecutor’s remarks constituted a fair response to the defense counsel’s summation wherein it was contended that the defendant’s arrest was the product of arbitrary guesswork by the police (see, People v

Brown v. State of New York

221 A.D.2d 681 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1995

Gallicano, 206 AD2d 456 ; Impastato v Heilman Enters., 147 AD2d 788, 790 ). … District Court, Northern District of New York, against various law enforcement personnel and SUCO officials and employees (see, Brown v City of Oneonta, 858 F Supp 340 ).

People v. Brown

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

People v. Brown

186 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1992

second adjournment to attempt to locate and interview a potential witness on the ground that any testimony by such witness would at best be cumulative was in the circumstances an appropriate exercise of discretion (People v … Further, there was no showing that such witness could offer any material, noncumu *466 lative evidence favorable to the People (People v Gonzalez, 68 NY2d 424, 427 ).

Trotman v. Brown

190 A.D.2d 588 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1993

There is no dispute that petitioner is entitled to retroactive compensation and benefits (see, Ranni v Berger, 52 AD2d 607 , lv denied 39 NY2d 710 ). … However, such compensation and benefits do not include vacation days, personal leave days, holiday pay and uniform allowances during the period preceding reinstatement (Matter of Tripodi v Brown, 185 AD2d 803 ).

People v. Brown

197 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1993

None of the witnesses testified at the CPL article 440 hearing that an agreement was made with the witness in violation of People v Novoa ( 70 NY2d 490, 496 ; see, People v Jones, 193 AD2d 468 , lv denied 81 NY2d 1074 ).

People v. Brown

189 A.D.2d 821 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1993

The court’s discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (see, People v Saunders, 161 AD2d 611 ; People v McGraw, 158 AD2d 719 ). … Further, the record was devoid of any evidence demonstrating that conviction or prosecution of the defendant would constitute or result in injustice (see, People v Saunders, 161 AD2d 611 , supra).

People v. Brown

189 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1993

on the evidence (People v Galloway, 54 NY2d 396 ). … Creech, 101 AD2d 753 ; cf., People v Guzman, 164 AD2d 828 ).

Marhold v. Brown

189 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · Jan 7, 1993

discretion in view of petitioner’s previous disciplinary record and "the destructive impact such conduct tends to have on the confidence which it is so important for the public to have in its police officers” (Matter of Alfieri v

Lee v. Brown

189 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 1993

Respondents’ determination revoking petitioner’s license is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443 ), including evidence that petitioner, a retired police officer, shot an individual … after he was questioned at the precinct two days after detectives investigating the incident traced the possible shooter to a nearby clothing store where petitioner was employed as a security guard (see, Matter of Barry v

Connors & Ferris, LLP v. Brown Chiari, LLP

2023 NY Slip Op 00520 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2023

Connors & Ferris, LLP v Brown Chiari, LLP ( 2023 NY Slip Op 00520 ) Connors & Ferris, LLP v Brown Chiari, LLP 2023 NY Slip Op 00520 Decided on February 3, 2023 Appellate Division, Fourth Department Published by New York State … CONNORS, PLAINTIFFS-APPELLANTS, v BROWN CHIARI, LLP, DEFENDANT-RESPONDENT. GROSS SHUMAN P.C., BUFFALO (DAVID H. ELIBOL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. BROWN CHIARI LLP, BUFFALO (MICHAEL C.

Whitcher v. Board of Education

233 A.D. 184 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1931

J. 1206; Plumb v. Richmond Light & R. R. Co., 233 N. Y. 285 .) … (Herman v. Board of Education, 234 N. Y. 196 ; Johnson v. Board of Education, 210 App. Div. 723 .)

Picciurro v. Board of Trustees

46 A.D.3d 346 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2007

Respondent’s determination must stand if the record contains any credible evidence of lack of causation (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]). … such city-service”; the Board of Trustees must then make its own determination as to the Medical Board’s recommendation on causation (Administrative Code § 13-168 [a]; Matter of Canfora v Board of Trustees of Police Pension

McCarthy v. Board of Education

188 A.D. 930 · Appellate Division of the Supreme Court of the State of New York · May 15, 1919

Since the decision of the Special Term the precise question presented has been decided adversely to the relator’s claim in the First Department, where it was held that the board of education has power to transfer janitor-engineers … (Matter of Crosby v. Board of Education, 187 App. Div. 205.) Jenks, P. J., Mills, Putnam, Kelly and Jaycox, JJ., concurred.

Workers' Compensation Board v. Rizzi

14 A.D.3d 608 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2005

The Legislature has chosen not to place a time restriction upon the entry of a judgment (see Funk v Barry, 89 NY2d 364, 368 [1996]; see also Sarasota, Inc. v Finkel, 11 AD3d 407 [2004]). … [Lederle Labs] v Board of Assessors of Town of Orangetown, 243 AD2d 630 [1997]), and the defendant stated in an affidavit in the Supreme Court that he was not challenging the determinations or awards made by the plaintiff

People v. Brown

195 A.D.2d 1079 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Livingston County Court, Houston, J.—Burglary, 2nd Degree.) Present—Pine, J.

Meyer v. Brown-Harter Cadillac, Inc.

32 A.D.2d 1045 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1969

The other car was driven by defendant Brown. The accident occurred when the Kranzler car, coming out of the shopping center, was struck by the Brown ear, which was proceeding south on the public highway. … Since we cannot tell from the jury’s general verdict whether it was based on a finding that *1046 defendant Brown was not negligent, or on a finding that plaintiff Jane Meyer was eontributorily negligent, a new trial is required

Bates v. Brown

182 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1992

Petitioner has failed to establish that her husband’s disability resulted from his line-of-duty injuries (Matter of Hipple v Ward, 146 AD2d 201, 206 , Iv denied 74 NY2d 614 ). … The matter has previously been remanded to the Board.