Case law

Organization to Assure Services for Exceptional Students, Inc. v. Ambach

105 Misc. 2d 269 · New York Supreme Court · Aug 12, 1980

Petitioners contended that the rates they paid their teachers were substantially below that paid by public schools and that with a dwindling supply of qualified teachers available, it was necessary for them to grant their … , but not fatal, in that “Section 4401 of the Education Law clearly *274 gives the commissioner the power to * * * determine tuition costs, with or without regulations” (Dubendorf v New York State Educ.

In re the Accounting of Bankers Trust Co.

47 Misc. 2d 302 · New York Supreme Court · May 21, 1965

All of the probate estate passes to the widow and qualifies for the Federal estate tax marital deduction. … This contention may well have merit but it would only be necessary to consider this question if the settlor’s intention was not clearly expressed in the trust itself.

In re the Arbitration between Subaru of America & McKelvey

141 Misc. 2d 41 · New York Supreme Court · Jun 13, 1988

"The issue of whether respondent established the criteria necessary to qualify as a consumer under the Lemon Law was for the arbitrator to determine, and it cannot be said that his determination lacks a rational basis.” … Computations are clearly a question of fact. The cross motion is denied.

People ex rel. City of Buffalo v. Mazurowski

181 Misc. 891 · New York Supreme Court · Jun 16, 1943

It has been stated as the general rule that one claiming exemption from general taxation assumes the burden of showing that his (or its) right to immunity has been “ granted in terms too plain to be mistaken. … The agreements also clearly provide that the user granted was one in common with others authorized by the City to use the premises.

Bell v. Gitlitz

65 Misc. 2d 998 · New York Supreme Court · Mar 29, 1971

The defendant is the only qualified person to render this service in the entire community. … Under the circum *1000 stances, with the failure of the plaintiffs to establish sufficient damage and prejudice for a temporary injunction or emergency restraining order, the court, in the exercise of its discretion," denies

Lindenmuller v. People

21 How. Pr. 156 · New York Supreme Court · May 15, 1861

Christianity may be conceded to be the established religion, to the qualified extent mentioned, while perfect civil and political equality with freedom of conscience and religious preference, is secured to individuals of … The act is clearly constitutional, as dealing with and having respect to the Sabbath as a civil and political institution, and not affecting to interfere with religious belief or worship, faith or practice.

Hart v. Kaplan

28 Misc. 2d 122 · New York Supreme Court · Jul 14, 1961

Since petitioner there had already utilized his veteran’s credit, he could not qualify under this wording. … Clearly, this exception was drafted in the light of the provision of then section 25-a of the Civil Service Law which authorized the fixing of age limitations for positions such as that of “ policeman ”.

Under 21 v. City of New York

126 Misc. 2d 629 · New York Supreme Court · Nov 15, 1984

The Fourteenth Amendment to the United States Constitution reads in pertinent part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any … The court analyzed the situation as follows: “In analyzing this constitutional contention, we begin from the premise that both the state and federal equal protection clauses clearly prohibit the state or any governmental

Prindle v. Beveridge

7 Lans. 225 · New York Supreme Court · Jun 15, 1872

Again, the word “ legitimate,” qualifying the word heirs, indicates that the testator did not use the word heirs in its technical meaning; for, when so used, the word legitimate is without force as a qualifying word. … Evans (House of Lords Cases, 257, 282) the lord chancellor (Cotteniiam) stated the principle as follows in regard to the setting aside of remote transactions on the ground of fraud: “ Upon fraud clearly established, no lapse

In re Funkhouser

157 Misc. 400 · New York Supreme Court · Dec 4, 1935

I am of the opinion that the candidate must be qualified when the voting begins and remain qualified throughout the time the polls are open at least. … Clearly, under these definitions, the applicant was not qualified, even granting his contention that the deed was legally recorded at ten-ten A.

People v. Forgione

21 Misc. 3d 691 · New York Supreme Court · Aug 22, 2008

The Appellate Division, Third Department, holding in People v Czarnowski ( 268 AD2d 701 [3d Dept 2000]) is entirely distinguishable from the instant case because in Czarnowski a qualified pharmacist actually observed the … drug sale transactions of course generally require the People to prove at trial: (a) by formal laboratory analysis the identification of the alleged controlled substance; or (b) by testimony from a competent witness (i.e., qualified

In re the Arbitration between Brighton Central School District & Brighton Teachers' Ass'n

132 Misc. 2d 714 · New York Supreme Court · Jul 14, 1986

"Arbitration of petitioner’s substantive decision to appoint another qualified applicant clearly would violate public policy by permitting the arbitrator to assume the school board’s nondelegable duty to appoint qualified … The obligation of maintaining educational standards imposes a duty on a school district to assign the most qualified teacher available to a position and not just a qualified teacher.

People v. Anderson

97 Misc. 2d 408 · New York Supreme Court · Dec 14, 1978

It has been clearly established that a defendant has no inherent or constitutional right to the return of any photographs, fingerprints or other indicia of an arrest where the charges are dismissed. … It was never intended to immunize a defendant from the operation of a law enforcement official’s investigatory display of a photograph, albeit in contravention of statute.

G. E. Weinstein v. Gitters

119 Misc. 2d 122 · New York Supreme Court · Apr 29, 1983

Siegel (McKinney’s Cons Laws of NY, Book *123 7B, CPLR C5222:ll, 1982-1983 Pocket Part, p 37) clearly explain, the legislative changes were “designed to meet constitutional objections made in Deary v. … Furthermore, the important warning contained in subdivision (e), “you may consult an attorney, including legal aid if you qualify”, is entirely lacking in the petition before this court.

Kern v. State

12 Misc. 3d 455 · New York Supreme Court · Mar 24, 2006

Co. ( 55 NY2d 184, 191-192 [1982]), the Court of Appeals stated: “[I]t is well established that, ‘consonant with the common law’s policy-laden assumptions, a change in decisional law usually will be applied retrospectively … resolution was not clearly foreshadowed’ ( 404 US, at p 106 ).

Krauskopf v. Perales

146 Misc. 2d 619 · New York Supreme Court · Jan 11, 1990

Public assistance or care shall not be withheld when need is indicated, pending the establishment of State-charge status.” … Thus the contact with out-of-State sources described later in 18 NYCRR 310.1 (g) is clearly an alternative method *623 of verification when the interview itself does not provide verification.

In re Wortman

2 N.Y.S. 324 · New York Supreme Court · Jul 31, 1888

But these statutes clearly require no test whatever from the applicant, and the case, therefore, cannot be brought within the meaning of this word. … United States, prohibiting the state from making or enforcing “any law which shall abridge the privileges, or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property

In re Phillips

70 Misc. 8 · New York Supreme Court · Dec 15, 1910

The moving papers establish that two simultaneous and concurrent investigations are being conducted in Queens county under the authority of the Governor, one by the grand jury and the other by the Governor’s commissioner, … effective except by virtue of the provisions of the Code of Civil Procedure providing for a proceeding to punish for contempt in case of disobedience; and the petitioner, whose constitutional rights would appear to me to be clearly-invaded

People v. Durio

7 Misc. 3d 729 · New York Supreme Court · Mar 2, 2005

Court analyzed the anomaly of dying declarations from a historical perspective, stating the Sixth Amendment “is most naturally read as a reference to the right of confrontation at common law, admitting only those exceptions established … Dying declarations are clearly an aberration. Their admissibility must be considered in the context of the overwhelming interest of public policy.

People v. Collins

94 Misc. 2d 704 · New York Supreme Court · Apr 3, 1978

Certainly, speech scientists familiar with the use of the spectrograph are qualified to form an opinion as to its adequacy in voice identification, and are also qualified to judge whether any sound spectrographic technique … RELIABILITY Turning to whether the reasonable accuracy of spectrographic analysis for voice identification has been clearly established, the court will bear in mind "the tremendous weight which such tests would necessarily