Case law

People v. Devinny

37 N.Y. Crim. 262 · New York County Courts · Jan 15, 1919

(People v. Vogelgesang, 36 N. Y. Crim. 43.) In People v. Wilkes (1916) ( 163 N. Y. … not recognized as a regularly organized school of osteopathy by the board of regents.

Patriska v. Kronk

57 Misc. 552 · New York County Courts · Jan 15, 1908

Ouderkirk v. C. M. Bank, 119 N. Y. 263, 267 ; Isham v. Post, 141 id. 100, 106. … Kaiser v. Latimer, 40 App. Div. 149 ; Claflin v. Meyer, 75 N. Y. 260 . The facts in relation to the loss of this money, as recited by the defendant and his wife, are not very complete or satisfactory.

Sanford v. Fountain

49 Misc. 301 · New York County Courts · Jan 15, 1906

Lyon v. Brown, 31 App. Div. 67 ; Booth v. Newton, 46 id. 175 ; Brigger v. Mutual Reserve Fund Life Assn., 75 id. 149 ; Leary v. Albany Brewing Co., 77 id. 10; Foster v. Bookwalter, 78 Hun, 355 ; Marvin v. Wilber, 52 N. … Y. 273 ; People’s Bank v. St. Anthony’s R. C. Church, 109 id. 525.

People v. Fritch

38 Misc. 2d 333 · New York County Courts · Jan 11, 1963

As stated by the Court of Appeals, in Brown v. … (People v. Richmond County News, supra, p. 581, citing Kingsley Books v. Brown, 354 U. S. 436, 440 ; Roth v. United States, 354 U. S. *336 476, 481 ; Alberts v. California, 354 U. S. 476 .)

People v. Bartone

12 Misc. 2d 926 · New York County Courts · Mar 11, 1958

In People v. … Y. 473, 477-478; see, also, People v. Brown, 110 App. Div. 490 , affd. 188 N. Y. 554 ; People v. Taylor, 171 Misc. 767 ; cf. Little v. United States, 73 F. 2d 861 ).

People v. Goldberg

25 Misc. 2d 236 · New York County Courts · Aug 11, 1960

There was no evidence of the use of any 1‘ tote board,” or of any writings except the reference by one police officer that there was smudged jottings on the white porcelain surface on the cash register. … The Court of Appeals in the case of People v. Carpenito decided May 25, 1944 ( 292 N.

Hutter v. Town of Brookhaven

206 Misc. 345 · New York County Courts · Aug 25, 1954

The executive committee and the membership of the Selden department voted to attend the occasion and a notice was posted on the bulletin board instructing the men as to what uniforms were to be worn. … Such reasoning to my mind is unsound in spite of the decision in Matter of Niebuhr v. Board of Fire Comrs. ( 279 App.

People v. Bryant

60 Misc. 2d 808 · New York County Courts · Sep 18, 1969

(United States v. Wade, 388 U. S. 218 ; Gilbert v. California, 388 U. S. 263 ; Stovall v. Denno, 388 U. S. 293 .) … (People v. Ballott, 20 N Y 2d 600; People v. Brown, 20 N Y 2d 238.)

People v. Richmond

174 Misc. 2d 40 · New York County Courts · Aug 31, 1997

(People v Scott, supra, 63 NY2d, at 525 [citations omitted].) … (See, e.g., South Dakota v Opperman, 428 US 364 [1976]; see also, Brown v Texas, 443 US 47, 51 [1979].)

People v. Nowacki

180 Misc. 100 · New York County Courts · Jan 8, 1943

(Brown v. Walker, 161 U. S. 591 .) The Court of Appeals of this State has adopted the Federal rule. (People v. Forbes, 143 N. Y. 219 ; People v. O’Brien, 176 N. Y. 253 , overruling its earlier decision in People v. … Furman v. Clute, 50 N.

City of Schenectady v. Lewis Empire Plaza, Inc.

38 Misc. 2d 390 · New York County Courts · Mar 7, 1963

This scheme was accompanied by a letter which referred to plot plan revisions of the original plot plan approved in April, 1961 by the Planning Board and City Council. … It must be concluded that the final plan of September, 1962 never passed beyond the negotiating stage and was literally never processed “ off the drawing board”.

People v. Dominick

68 Misc. 2d 425 · New York County Courts · Nov 24, 1971

The result is that the power of imposing a restraint on free speech under these sections has been delegated to the Commissioner of Police and to a board consisting of the Mayor, Comp *429 troller and President of the Council … As pointed out above, discretion is vested in the Commissioner of Police and in the three-man board consisting of the Mayor, Comptroller and President of the Council, to determine if the speech qualifies.

American Home Assurance Co. v. Scarsdale National Bank & Trust Co.

96 Misc. 2d 715 · New York County Courts · Oct 16, 1978

(CPLR 214; three-year time limitation see Gerber v Manufacturers Hanover Trust, 64 Misc 2d 687 ; cf. Forman v First Nat. Bank of Woodridge, 66 Misc 2d 433 .) … Board of Higher Educ. v Bankers Trust Co., 86 Misc 2d 560 , 564.) The only real issue is whether a "report” of the forgeries was given by plaintiff to defendant within the applicable limits. This is a question of fact.

People v. Holland

32 Misc. 3d 926 · New York County Courts · Jun 20, 2011

The People rely on People v Blackman ( 78 AD3d 803 [2d Dept 2010]) in support of their argument. … It should be noted that if the Board of Examiners of Sex Offenders thought that interacting with an undercover officer over the Internet was an additional risk factor to be considered when determining whether a defendant

People v. Simon

89 Misc. 2d 644 · New York County Courts · Feb 3, 1977

In People v Brown ( 13 NY2d 201 , cert den 376 US 972 ), the defendant appealed his conviction upon the ground that the trial court had erred in denying his motion for a psychiatric examination to determine his mental condition … Gamell v Mt. Sinai Hosp. ( 40 AD2d 1010 ), although a civil case, is strikingly similar to the instant case. There the plaintiff appealed from an adverse verdict against one defendant and was unsuccessful.

People v. McIlwain

151 N.Y.S. 366 · New York County Courts · Jan 4, 1915

The Appellate Division of this department, in an opinion written by Judge Sewell in the case of Shappee v. Curtis, 142 App. Div. 155 , 127 N. Y. … The Court of Appeals in a recent decision, decided June 2, 1914, in the case of People of the State of New York, Respondent, v. Hagbard Ekerold, Appellant, 211 N. Y. 386 , 105 N.

Clark v. Smith

31 Misc. 490 · New York County Courts · May 15, 1900

Chegaray v. Jenkins, 5 N. Y. 376 ; Hudler v. Golden, 36 id. 446 ; Baley v. Wortsman, 2 N. Y. St. Repr. 246, 41 Hun, 637 . … Wilcox v. Howe, 59 Hun, 268 , and cases cited.

Wright v. Town of Wilmurt

44 Misc. 456 · New York County Courts · Jul 15, 1904

Everett v. Board of Supervisors, 93 N. Y. 397 . … Bevins v. Supervisors, 82 Hun, 298 ; Lyth & Sons v. Town of Evans, 33 Misc. Rep. 221 ; People ex rel. Bowles v. Burrell, 14 id. 217.

People v. Maxwell

159 Misc. 2d 28 · New York County Courts · Sep 21, 1993

As a written application, substantial rather than literal compliance with the requirements may be satisfactory (supra, at 688-689, citing People v Brown, 40 NY2d 183 , and People v Sullivan, 56 NY2d 378 ). … Although Brown concerned CPL 690.35 and Sullivan dealt with the requirement of an oath, other cases seem to apply the "substantial compliance” standard to CPL 690.40 (1) as well (see, e.g., People v McGriff, 142 AD2d 934,

In re the Adoption of Miller

119 Misc. 638 · New York County Courts · Dec 15, 1922

Sabo objects to the adoption of the child by the petitioner, and proposes to have it boarded in some other place, not having a home where she could keep it herself. *640 From the testimony taken at the hearing and from the … child to be adopted against the wishes of a natural parent, but as it is “ The duty of the court, in a proceeding involving the custody of a child, to look solely to its welfare and decide accordingly ” (Matter of Wainman v.