Case law

People v. Brown

179 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1992

The defendant’s contention that he was denied effective assistance of counsel is without merit (see, People v LaConte, 172 AD2d 775 ; see also, People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ). Bracken, J.

Monan v. Board of Education

280 A.D. 14 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1952

The decision in Matter of O’Connor v. Emerson ( 196 App. Div. 807 , affd. 232 N. Y. 561 ) is not to the contrary. … Nor do we view the decision in Matter of Holm v. Board of Educ. ( 141 Misc. 194 , affd. 234 App.

People v. Brown

169 A.D.2d 479 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1991

Under these circumstances, the fact that the cab driver might have been able to give favorable testimony, by itself, is insufficient to establish that these nonrecord facts were material, so as to require a hearing (People v … (People v Guerrero, 155 AD2d 262 , lv denied 75 NY2d 868 .) Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

BROWN, GERMAINE, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · May 9, 2014

On appeal, we reduced the period of postrelease supervision to a period of three years, and otherwise affirmed the judgment (People v Brown, 52 AD3d 1237, lv denied 10 NY3d 956). … We granted the writ, vacated our prior order, and decided to consider the appeal de novo (People v Brown, 105 AD3d 1466).

Angell ex rel Brown v. Ferris

227 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · May 13, 1996

among other members of the public, (2) a phenomenon typically evading review, and (3) a showing of significant or important questions not previously passed on, i.e., substantial and novel issues (see, Matter of Hearst Corp. v … Guggenheim v Mucci, 32 NY2d 307 ; People ex rel. Maxian v Brown, 164 AD2d 56 ; People ex rel. Vancour v Scoralick, 140 AD2d 658 ). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Ricker v. Board of Education

61 A.D.3d 735 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2009

v Village of Is. … Auth., 52 AD3d 447 [2008]; Portanova v Kantlis, 39 AD3d 731, 732 [2007]; *736 Mishaan v Tobias, 32 AD3d 1000 [2006]; Maxson v Brentwood Union Free School Dist., 31 AD3d 506 [2006]; Adsmond v City of Poughkeepsie, 283 AD2d

Sodomita v. Brown

177 A.D.2d 385 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1991

petitioner, and his admission that he resided near and frequented the area where the misconduct occurred, it cannot be said that respondent’s determination was not supported by substantial evidence (see, Matter of Di Maria v

People v. Brown

167 A.D.2d 226 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1990

(People v Farrar, 52 NY2d 302, 305 .) Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. … (People v Felman, 141 AD2d 889, 890 , lv denied 72 NY2d 918 .) Concur—Ross, J. P., Rosenberger, Asch, Kassal and Wallach, JJ.

People v. Brown

167 A.D.2d 184 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1990

(People v Farrar, 52 NY2d 302, 305 .) Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. … (People v Felman, 141 AD2d 889, 890 , lv denied 72 NY2d 918 .) Concur—Ross, J. P., Rosenberger, Asch and Kassal, JJ.

People v. Brown

177 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1991

(People v Farrar, 52 NY2d 302, 305.) Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. … (People v Felman, 141 AD2d 889, 890 , lv denied 72 NY2d 918 .) Concur—Sullivan, J. P., Wallach, Kupferman, Ross and Asch, JJ.

Corrigan v. Board of Elections

38 A.D.2d 825 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1972

Supreme Ct., supra; Matter of Mullen v. Heffernan, supra; Matter of Reich v. Bosco, supra; Matter of Southard v. McGann, supra; Matter of Carson, supra; Matter of Macy v. Clayton, supra; Matter of Quinn v. … Kehoe, supra; Matter of Hanley v. Creaser, supra; Matter of Lester v. Gruner, supra; Matter of Ingamells v. Board of Elections of Oswego County, 259 App. Div. 36 ; Matter of Van Etten v.

Rouse v. Brown

176 A.D.2d 616 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1991

(Matter of Collins v Codd, 38 NY2d 269 .) Concur — Carro, J. P., Rosenberger, Kupferman, Ross and Rubin, JJ.

Brown v. Coughlin

169 A.D.2d 928 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1991

of Colon v Coughlin, 147 AD2d 802 ). … Furthermore, any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954 , lv denied 74 NY2d 615 ).

Pauk v. Board of Trustees

111 A.D.2d 17 · Appellate Division of the Supreme Court of the State of New York · May 7, 1985

This action was dismissed as time barred (Pauk v Board of Trustees, 79 Civ 2250, SDNY, 1980, Mishler, J., affd 654 F2d 856, cert denied 455 US 1000 ). … Board of Educ., 34 NY2d 318 ; Matter of Gray v Canisius Coll., 76 AD2d 30 ; cf.

People v. Brown

168 A.D.2d 565 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1990

jury that the defendant had an obligation to call certain witnesses but failed to do so has not been preserved for our review since the defendant failed to specifically raise this objection in the trial court (see, People v … Bynum, 70 NY2d 858 ; People v Udzinski, 146 AD2d 245 ).

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 .)

Swiatkowski v. Board of Education

36 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1971

Brown v. Goord

45 A.D.3d 590 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 2007

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. of Sullivan County v Scheinman

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 ).

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.