Case law

People v. Russo

92 Misc. 2d 858 · New York County Courts · Jan 9, 1978

The Meyer case was the subject of careful scrutiny by Judge Tomson, then of this court in the case of People v Brown ( 86 Misc 2d 339 , 352). … (People v Brown, supra, p 353.) While in the case at bar the statement was made by the defendant Russo after indictment the above-described principles of law equally apply.

Chadwick v. Navel

33 Misc. 683 · New York County Courts · Jan 15, 1901

In the case of Stuyvesant v. Weil, 41 App. Div. 556, 557 , the court, in speaking of the case wherein Mary J. Stockton was made party defendant by the name of Emma J. … Brown. In each instance it is directed to another person.

People v. St. Pierre

91 Misc. 2d 783 · New York County Courts · Sep 20, 1977

Relying upon the case of People v Brown ( 84 Misc 2d 267 ), the defendant argues that a fingerprint card bearing a fictitious name cannot be used to the advantage or disadvantage of some person. … In Brown (supra), the court dismissed a charge of forgery in the second degree involving the use of a fictitious name on a fingerprint card.

People v. Murray

88 Misc. 2d 668 · New York County Courts · Nov 17, 1976

(People v Daniels, 37 NY2d 624 , supra.) Such evidence may be direct or circumstantial (People v Brown, 30 AD2d 279 ). … The dicta in a line of cases generally acknowledges that in certain instances presence at the place of the crime or association with the admitted criminals are corroborative (People v Brown, 30 AD2d 279 , supra; People v

People v. Kohl

17 Misc. 2d 320 · New York County Courts · Apr 9, 1959

(People v. Stewart, 204 Misc. 490 .) … The Supreme Court action was, of course, instituted by direction of the Town Board and is under the control of the board.

Davin v. City of Syracuse

69 Misc. 285 · New York County Courts · Oct 15, 1910

Clement v. Cash, 21 N. … Clement v. Cash, 21 N. Y. 259 ; Shubert v. Sondthein, 138 App. Div. 800 .

In re GILLOREN

38 N.Y.S. 954 · New York County Courts · Feb 15, 1896

People v. Supervisors of Ulster Co., 65 N. Y. 300 ; Hermanee v. Supervisors, 71 N. Y. 484 ; In re New York Catholic Protectory, 77 N. Y. 342 ; Williams v. Supervisors, 78 N. Y. 561 ; In re Buffalo Mut. … In such cases the board is required, by the statute, to cause it to be refunded upon the order of the county judge, and this is the only power which the statute has conferred upon that officer. * * * The board could have

Town of Clarendon v. Jary

41 Misc. 2d 662 · New York County Courts · Feb 1, 1964

(Merritt v. Village of Portchester, 71 N. Y. 309 ; Milano v. Town of Patterson, 197 Misc. 457 ; Matter of Huntington v. Court of Special Sessions, 1 Misc 2d 342 .) … (Deligtisch v. Town of Greenburgh, 135 N. Y. S. 2d 220; City of New Rochelle v. Echo Bay Waterfront Corp., 268 App. Div. 182 ; Milano v. Town of Patterson, supra; Village of Williston Park v.

Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino

15 Misc. 2d 491 · New York County Courts · Jul 8, 1958

Y. 125 ; Stein v. … It is doubtful, too, whether the board of directors intended the late charge to apply. to nonpayment of the maintenance charge for the use of washing machines, since the resolution of the board as to the former antedates

People v. Moynihan

121 Misc. 34 · New York County Courts · Jun 15, 1923

People v. Adirondack R. Co., 150 N. Y. 225 ; Nechamcus v. Warden, 114 id. 529; Brown Co. v. Feldman, 256 U. S. 170 . … Lieberman v. Vandecarr, 175 id. 440; 199 U. S. 552 ; Butterfield v. Stranahan, 192 id. 470; Metropolitan Board of Health v. Heister, 37 N. Y. 651 .

People ex rel. Warren v. Mancusi

70 Misc. 2d 90 · New York County Courts · Nov 8, 1971

It seems clear to this court that the Parole Board has the burden of going forward and presenting proof where the parole violations are denied. (See Arciniega v. Freeman, 404 U. S. 4 .) … He should be produced by the Parole Board for this purpose. (See People ex rel. Silbert v. Cohen, 29 N Y 2d 12.) It has long been the law in this State that an administrative board cannot act solely on hearsay.

People v. Delatorre

2 Misc. 3d 385 · New York County Courts · Nov 18, 2003

v People, 243 AD2d 1039, 1040 [1997]). … v Nelson, 298 AD2d 388, 389 [2002]; Matter of Sciaraffo v New York City Dept, of Probation, 248 AD2d 477 [1998]; Matter of Salahuddin v Mitchell, 232 AD2d 903, 904 [1996]; Matter of Salerno v Murphy, 292 AD2d 837, 837-838

People v. Gerus

19 Misc. 2d 389 · New York County Courts · May 14, 1942

Ventres v. … (Matter of Wulfsohn v. Burden, 241 N. Y. 288 ; Welch v. Swasey, 193 Mass. 364 ; id., 214 U. S. 91 ; Village of Euclid v. Ambler Co., 272 U. S. 365 ; Bacon v. Walker, supra; Post Brick Co. v. Thompson, supra.)

People ex rel. Manuele v. Hunt

153 Misc. 721 · New York County Courts · Nov 13, 1934

of visitors thereof, were assigned to the State Parole Board. … Newton v. Twombly ( 228 N. Y. 33 ) is, in general, authority for this determination. In that case the relator was given an indeterminate sentence at Sing Sing.

Stewart v. Briggs

63 Misc. 107 · New York County Courts · Apr 15, 1909

The reserved right of possession in the owner, created by the statute, can only he destroyed by the act of the board of water supply; and that board may act at such time as it elects. … The case of Lodge v. Martin, 31 App.

People v. Fitzpatrick

18 Misc. 3d 510 · New York County Courts · Dec 4, 2007

(See People v Brown, 5 Mise 3d 529 [2004].) … (See People v Brown at 532.)

Walsh v. Blair

89 Misc. 2d 989 · New York County Courts · Feb 2, 1977

In the Matter of Steuben Advocate v Board of Supervisors of County of Steuben ( 5 AD2d 803 ), the court held that the notices of tax sales of real estate must be published in the two newspapers "designated for the publication … (See, also, Devine v County of Suffolk, 71 Misc 2d 883 , and cases cited therein.)

Walczak v. Department of Correctional Services

73 Misc. 2d 369 · New York County Courts · Mar 26, 1973

Petitioner was returned to that department on November 9,1972 and met with the Parole Board for a parole revocation hearing on November 30, 1972. The board, after hearing, revoked parole. In Morrissey v. Brewer ( 408 U. … The reports were made by a parole officer to a board recommending that parole be revoked by reason of alleged parole violations. In People ex rel. Menechino v.

In re the Board of Supervisors of the County of Warren to Secure the Requisite Rights of Way for the Hague-Ticonderoga County Highway No. 2823

150 Misc. 461 · New York County Courts · Feb 10, 1934

Div. 553 ; Matter of Johns v. Village of Salamanca, 129 id. 717, 721.) … Corp. v. Wells & Zerweck, 181 App. Div. 896 ; Matter of New York Municipal R. R. Corp. v. Holliday, 189 id. 814.)

People v. Doe

110 Misc. 2d 595 · New York County Courts · Aug 17, 1981

“Defendant” — as the movant Lou V. Tempera refers to himself in his motion papers — filed a financial statement with the Board in accordance with the law. … , 427 US 463 , supra; Fisher v United States, 425 US 391 , supra; California Bankers Assn. v Shultz, 416 US 21 , supra), the Board’s opposition to the subpoena on the grounds that it offends “defendant’s” privilege against