Case law

Roy v. Murphy

36 Misc. 2d 501 · New York Supreme Court · Oct 29, 1962

Clemente v. Warden, 9 N Y 2d 216.) … The Parole Board thus retains the power to return the prisoner to prison pursuant to sections 216 and 218 of the Correction Law if conditions warrant such action. (Matter of Scarola v.

O'Brien v. City of Niagara Falls

65 Misc. 92 · New York Supreme Court · Nov 15, 1909

People v. Flagg, 17 N. Y. 584 ; Peterson v. Mayor, supra. … People v. Flagg, supra; Gleason v. Dalton, 28 App. Div. 555 .

Greenpoint Bank v. El-Basary

184 Misc. 2d 888 · New York Supreme Court · Feb 23, 2000

of Mgrs. v Richardson, 238 AD2d 282 .) … Under such circumstances, there is no question that the new first mortgage would take priority over the Board’s lien. (See, Board of Mgrs. v Richardson, 238 AD2d 282 , supra.)

Chase v. County of Saratoga

33 Barb. 603 · New York Supreme Court · May 7, 1861

In a still later case, Boyce v. … The reasons of the court for their decision in Brady v. The Supervisors of New York, (supra,) are not given in 6 Bebden, where it is reported.

Jaffe Plumbing & Heating Co. v. Brooklyn Union Gas Co.

51 Misc. 2d 1083 · New York Supreme Court · Aug 8, 1966

Construction of a statute by the lawmaking body, by a subsequent act, is entitled to consideration where the statute’s meaning is doubtful (Yarlott v. Brown, 192 Ind. 648 ). … Clair v. Yonkers Raceway, 13 N Y 2d 72).

People v. Sanchez

112 Misc. 2d 100 · New York Supreme Court · Jan 4, 1982

In People v Brown ( 68 AD2d 503 ) the court held that psychiatric testimony concerning pressure on an individual to commit an act was not admitted as competent testimony where the defendant entered the defense of justification … The court in the Brown case resolved the issue on the basis that the threat of imminent danger was not present.

Schwartz v. Chave

53 Misc. 2d 1007 · New York Supreme Court · Jun 8, 1967

Since it did not do so, the Board of Appeals, which is without legislative power, may not read such a limitation into the section Matter of Community Synagogue v. Bates, 1 N Y 2d 445, 455). *1010 Matter of Weinstein v. … 12 of the ordinance (Matter of Barry v.

Burkle v. Ells

4 How. Pr. 288 · New York Supreme Court · Dec 15, 1849

In Brown v. … In the 3d Wendell, 158, Bank of Orange v.

Barney v. City of New York

39 Misc. 719 · New York Supreme Court · Feb 15, 1903

Gray v. Manhattan R. Co., 128 N. Y. 509 ; Riedeman v. Mount Morris Electric Light Co., 56 App. Div. 23 . . … In McElroy v. Kansas City, 21 Fed. Repr. 261, Mr.

Pina v. Hammock

109 Misc. 2d 980 · New York Supreme Court · Jul 7, 1981

The New York State Board of Parole, in evaluating petitioner’s minimum period of incarceration, considered that the petitioner had two prior felony convictions. … The Parole Board has an obligation in determining a person’s sentence to evaluate his prior criminal record.

State Commission for Human Rights v. Farrell

43 Misc. 2d 958 · New York Supreme Court · Aug 24, 1964

(Matter of Board of Higher Educ. of City of N. Y. v. Carter, 14 N Y 2d 138.) 6 Denial of the right to be trained in many industries is tantamount to denial of employment. … See, e.g., Brown v. Board of Educ., 347 U. S. 483 (State imposed segregated public schools); Shelley v. Kraemer, 334 U. S. 1 (racial restrictive covenants); Burton v. Wilmington Park Auth., 365 U.

People ex rel. Schlecter v. Jennings

130 Misc. 748 · New York Supreme Court · Oct 11, 1927

Kane v. Hanley, 116 Misc. 624 ; People v. Madden. 120 App. Div. 338 ), and the exercise of the discretionary *752 power vested in the Parole Board to revoke a prisoner’s parole cannot be reviewed on habeas corpus. … Ackron v. Hunt, 122 Misc. 247 .)

People ex rel. Bradley v. Stephens

2 Abb. Pr. 348 · New York Supreme Court · Dec 15, 1866

A similar suggestion was made in relation to the act amending the city charter, in Phillips v. The Mayor, &c., (1 Hilton, 483). In Baldwin v. … In the People v. Stevens ( 5 Hill, 616 , 627), such an application was denied, on the ground that a better remedy existed, and that another claimed the office under color of title. In the People v. Dikeman ( 7 How.

Caso v. Coffey

83 Misc. 2d 614 · New York Supreme Court · Sep 17, 1975

(Steelworkers v Warrior & Gulf Co., 363 US 574 ; Steelworkers v Enterprise Corp., 363 US 593 ; Steelworkers v American Mfg. Co., 363 US 564 .) … ) teach further, that an award of a public arbitration panel must be deemed to be an order of the Public Employment Relations Board ("PERB”) for the purpose of review.

Central School District No. 2 of Towns of Coeymans v. New York State Teachers Retirement System

46 Misc. 2d 225 · New York Supreme Court · May 3, 1965

(Board), the individual members of the Board and C. … (Matter of O’Connell v. Kern, 287 N. Y. 297, 301 ; Matter of Williams v. Morton, 297 N. Y. 328, 334 ; Matter of Gimprich v. Board of Educ. of City of N. 7., 306 N. Y. 401, 405 .)

In re Heyman

137 Misc. 278 · New York Supreme Court · Apr 21, 1930

Under the circumstances the board was without jurisdiction to reopen the case and entertain what was, in effect, an application that it set aside and rescind its former decision. (See Matter of Biker v. … Ridgeway v.

Grundt v. Shenk

127 Misc. 889 · New York Supreme Court · Jun 12, 1926

(Examine Ide v. Brown, 178 N. Y. 26, 42 .) Being so unenforcible, I hold that the latter promise constituted no consideration at all for the alleged promise of the decedent. (Id.) … In Bumpus v.

Leichter v. Barrett

208 Misc. 577 · New York Supreme Court · Jul 18, 1955

Co. v. Hylan, 240 N. Y. 199 , and People ex rel. Trustees of Vill. of Jamaica v. Board of Supervisors, 131 N. Y. 468 .) … (See Parkplain Realty Corp. v. Town Board of Hempstead, 137 N. Y. S. 2d 474, Christ, J.; Birchwood Knolls, Inc., v. Hunter, N. Y. L. J., April 7, 1955, p. 11, col. 1, Ritchie, J.; Matter of Lerner [Young], N. Y. L.

People ex rel. New England Telegraph Co. v. Woodbury

63 Misc. 1 · New York Supreme Court · Apr 15, 1909

Co. v. State Board of Tax Commissioners, 174 N. … Co. v. Roberts, 154 N. Y. 101 .)

People v. Hooker

118 Misc. 2d 760 · New York Supreme Court · Apr 5, 1983

, People v Brown, 48 NY2d 388 ; People v McCurdy, 86 AD2d 493 ; People v Cadby, 75 AD2d 713 ; People v Jacobson, 109 Misc 2d 204 ). … , supra; People v Brown, supra; People v McCurdy, supra; People v Cadby, supra; People v De Lucia, 20 NY2d 275 ).