Case law

People ex rel. Brown v. Smith

115 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1985

Racona v Hammock, 115 AD2d 306 ), such waiver is not effective unless knowingly, intelligently and voluntarily made (see, People v White, 56 NY2d 110 ; People v McIntyre, 36 NY2d 10 ; People ex rel. … Martinez v Walters, supra).

Brown v. Bauman

36 A.D.3d 418 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 2007

In so alleging, he placed his physical condition “in controversy” within the meaning of CPLR 3121 (see Estabrook & Co. v Masiello, 75 Misc 2d 784 [1973]).

People v. Brown

36 A.D.3d 931 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2007

Contrary to the defendant’s contention, defense counsel did not take a position adverse to his interests (see People v Caple, 279 AD2d 635, 636 [2001]). … Moreover, the waiver of the defendant’s right to appeal was knowingly, intelligently, and voluntarily made (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Seaberg, 74 NY2d 1, 11 [1989]; People v Harris, 61 NY2d 9

People v. Brown

87 A.D.2d 1004 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 1982

Counsel’s application to withdraw granted {see People v Crawford, 71 AD2d 38 ). (Appeal from adjudication of Onondaga County Court, Burke, J. — youthful offender.) Present — Hancock, Jr., J.

Brill & Meisel v. Brown

113 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014

& Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; Osario v BRF Constr. … Kershaw v Hospital for Special Surgery, 114 AD3d 75 [1st Dept 2013] [motion incorrectly denominated a cross motion, untimely filed, will not be considered absent good cause shown]).

Toole v. Board of Supervisors

13 A.D. 471 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1897

This section received careful consideration in Yates County National Bank v. Carpenter ( 119 N. … (Bertles v. Nunan, 92 N. Y. 152 ; Zorntlein v. Bram, 100 id. 12; Hiles v. Fisher, 144 id. 306.) From this fact it is argued that the wife had an assessable interest in said land, which is probably correct.

Simmons v. Board of Education

169 A.D.2d 727 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1991

The Supreme Court thus should not have authorized the plaintiffs to join a party against whom the action could not be maintained (see, Pierson v City of New York, 56 NY2d 950 ; Ceely v New York City Health & Hosps. … City of Cohoes, 37 NY2d 162, 165 ; Scott v Transkrit Corp., 91 AD2d 682 ; see also, Spahn v Griffith, 101 AD2d 1011 ; cf., Bacogiannis v Sayan, 134 AD2d 553 ).

Brown v. American Council of Life Insurance

73 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1979

People v. Brown

35 A.D.3d 957 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2006

Defendant’s ineffective assistance of counsel argument is unsupported by the record (see People v Obert, 1 AD3d 631, 632 [2003]).

Bader v. Board of Education

216 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1995

The phrase "claim accrued” is not the same as "cause of action accrued” (see, Scherman v Board of Educ., 44 AD2d 831, 832 , affd 37 NY2d 839 ). … Corp.], 210 AD2d 854 ; Scherman v Board of Educ., supra; McKay Constr. Corp. v Board of Educ., 33 AD2d 862 ). Here, the claim was not mature until petitioner received notice of suspension on December 23, 1993.

Whitcher v. Board of Education

236 A.D. 293 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1932

Clough v. Board of Education

56 A.D.2d 233 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1977

Co., 109 NY 95, 97 ; see, also, Georgetti v 29 Holding Corp., 31 NYS2d 998 , 1000; Natoli v Board of Educ. of City of Norwich, 101 NYS2d 128 ). … Corp. v Board of Elections, 2 NY2d 413; Rizzo v Steiner, 36 Misc 2d 701, 704 ). Although Valstrey and Rizzo dealt with third-party practice, their rationale is equally applicable to the issue of permissive joinder.

Schwartzberg v. Teachers' Retirement Board

273 A.D. 240 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1948

Nevertheless, plaintiff has been defeated under Matter of Feltner v. Teachers’ Retirement Board ( 235 App. … S. 2d 274; Chase National Bank v. Ginnel, 50 N. Y. S. 2d 345; Matter of Wainman, 121 Misc. 318 ; Kay v. Erickson, 209 Wis. 147 ; Matter of Battin, 171 Misc. 145 ; Camardella v. Schwartz, 126 App. Div. 334 .)

Murphy v. Board of Education

87 A.D. 277 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

(Stienson v. Board of Education of N. Y., 165 N. Y. 431 .) … Provision is then made by which a teacher’s absence may be excused on' application to the school board. (ByLaws of the School Board, § 44.)

Sauer v. Board of Assessors

194 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1993

On February 5, 1990, the petitioners filed a grievance application with the appellants, the Board of *543 Assessors and the Board of Assessment Review of the Village of Lynbrook to reduce their assessment from $45,200 to … Those procedures were enacted to afford "speedy and inexpen *544 sive relief’ to all wrongfully assessed homeowners (see, Matter of Town of New Castle v Kaufmann, 72 NY2d 684, 686 ).

Brown v. New York State Tax Commission

279 A.D. 837 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1952

People v. Brown

80 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1981

The case of Matter of Librizzi v Chisholm ( 55 AD2d 954 ), cited in defendant’s brief, is readily distinguishable. … Brown had threatened to seek an order of protection from the Family Court. Brown took umbrage at the threat and warned her not to seek such relief.

BROWN, NADIRAH, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Dec 30, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER NADIRAH BROWN, DEFENDANT-APPELLANT. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. … Memorandum: In People v Brown (72 AD3d 1558), we previously affirmed the judgment convicting defendant following a bench trial of, inter alia, assault in the second degree (Penal Law § 120.05 [4]), i.e., reckless assault.

McNeles v. Board of Supervisors

173 A.D. 411 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1916

And it is doubtful whether the board of supervisors could defeat the purposes of the Civil Service Law by the subterfuge of a temporary appointment to a permanent position. … But it does not appear that the board by its resolution of appointment attempted to do so.

Brown v. Rubin

77 A.D.2d 608 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1980

He has no right to this relief (see People v Maier, 72 AD2d 754 ) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates & Supreme Ct. Reporters within City of N. … Y. v Bartlett, 40 NY2d 571, 574 ). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.