Case law

People v. Fikaris

101 Misc. 2d 460 · New York Supreme Court · Oct 31, 1979

However, once the State Legislature elects to permit bail after conviction, it must do so in a nonarbitrary manner (Brown v Wilmot, 572 F2d 404). … As previously indicated, once the State elects to permit bail (as is permitted in all nonclass A felony convictions), it must do so in a nonarbitrary manner (Brown v Wilmot, 572 F2d *464 404, supra).

Gambee v. Argendorf

10 Misc. 2d 598 · New York Supreme Court · Mar 20, 1958

Y. v. Nichols, 79 N. Y. 582, 589-590 ; Sudbury v. Arnbi Verwaltung Kommanditgesselschaft, 213 App. Div. 98 .) … (See Walter v. Hoffman, 267 N. Y. 365, 368 ; Burns v. McCormick, 233 N. Y. 230, 232, 235 ; Braun v. Ochs, 77 App. Div. 20, 25-26 [4th Dept.].)

Patchen v. Waefelaer

29 Misc. 494 · New York Supreme Court · Nov 15, 1899

Talcott v. Hess, 31 Hun, 282 ; Coursey v. Morton, 132 N. Y. 556 . … Manchester v. Tibbetts, 121 N. Y. 219 ; White v. Benjamin, 150 id. 258 .

Enterprise Window Cleaning Co. v. Slowuta

51 Misc. 2d 482 · New York Supreme Court · Aug 26, 1966

It was stated that the defendant did not undertake to prove that the dangers had become attenuated to a shadow (United States v. Swift & Co. 286 U. S. 106, 119 ). … Before the National Labor Relations Board was the matter of Ashland House and Window Cleaning Co. against the union. In the opinion of the board of June 8,1966, it was ordered: “ 1.

People v. Hemmings

35 Misc. 3d 298 · New York Supreme Court · Jan 12, 2012

2d 41 [1975]; Brown v State, 3 Md App 90, 238 A2d 147 [1968]; Kroehler v Scott, 391 F Supp 1114 [1975]; State v Limberhand, 117 Idaho 456 , 788 P2d 857 [1990]). … The crime victim also mentioned that one of the men, wearing a long, light brown coat and a blue hat, was possibly armed.

Markowitz v. Bloomberg

2 Misc. 3d 558 · New York Supreme Court · Oct 15, 2003

(See Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974].) … Council 82, AFSCME, AFL-CIO v Cuomo, 64 NY2d 233, 238-240 [1984]; Mancuso v Koch, 156 AD2d 209 [1st Dept 1989].) *570 3.

Foster v. Pettibone

20 Barb. 350 · New York Supreme Court · Sep 3, 1855

Brown.” … (Spencer v. McGowan, 13 Wend. 256 .) In Stimpson v.

Paterson v. University of New York

40 Misc. 2d 1023 · New York Supreme Court · Oct 31, 1963

and practical experience of a grade and character acceptable to the board (§ 7323, subd. 3). … board ”.

Oriental Boulevard Co. v. Heller

58 Misc. 2d 920 · New York Supreme Court · Jan 27, 1969

Co. v. Blagg, 235 U. S. 571, 576 ; People v. Beakes Dairy Co., 222 N. … The burden of showing the absence of any rational basis for such classification is a burden which rests on the one who assails the classification (Harman v. Board of Educ. of City of N. Y., 300 N. Y. 21 ).

Pearl v. New York State Department of Civil Service

8 Misc. 2d 712 · New York Supreme Court · Sep 5, 1957

Five persons formed the board of examiners upon such group oral examination. … (Matter of Float v. Board of Examiners, 274 N. Y. 367 .)

People v. Castillo

194 Misc. 2d 237 · New York Supreme Court · Dec 4, 2002

(See People v Stewart, 41 NY2d 65, 69 [1976]; People v Brown, 216 AD2d 3 [1st Dept 1995]; People v Stephens, 139 AD2d 412 [1st Dept 1988].) … (See People v Huffman, 41 NY2d 29 [1976]; People v Brown, 216 AD2d at 3 .) The on-the-scene questioning constituted routine investigative inquiries necessary in ascertaining facts.

Scolpino v. Scannapieco

152 Misc. 2d 585 · New York Supreme Court · Oct 16, 1991

(Compare, Opns St Bd of Elections No. 15 [1978], with Carey v Chiavaroli, 97 AD2d 981 [4th Dept 1983], and Matter of Gleason v Tutunjian, 154 AD2d 834 [3d Dept 1989].) … However, the central teaching of Flake v Board of Elections ( 122 AD2d 94 [2d Dept], lv denied 68 NY2d 752 [1986]) is that a proceeding under Election Law § 16-104 may not be brought if the court would be powerless otherwise

Shaw v. Wellman

13 N.Y.S. 527 · New York Supreme Court · Feb 11, 1891

Brown v. Blydenburgh, 7 N. Y. 141,145 . That was the clear nature and effect of the assignment. … This subject, under circumstances quite similar in their effect, was examined in Marine Bank v. International Bank, 9 Wis. 57 , and the same conclusion was adopted by the court.

Buford v. Russi

152 Misc. 2d 23 · New York Supreme Court · Sep 4, 1991

Champen v New York State Bd. of Parole ( 134 AD2d 388 ), wherein the court held a delay of seven months between the hearing and the decision was not unreasonable, the facts of that case are not extant here. … Petitioner’s relief, however, is not to be restored to parole status, but rather a judgment directing the Board to perform fully its statutory obligations (Matter of Greene v Smith, 52 AD2d 292 , appeal dismissed 40 NY2d

City of New York v. Commissioners of the Land Office

25 Misc. 202 · New York Supreme Court · Nov 15, 1898

Harris v. Commissioners of Land Office, 149 N. … I think that the duties devolving upon the board of docks under the statute is of an advisory character and that the conclusions or recommendations of the board are not mandatory upon the commissioners.

Levy v. Power

24 Misc. 2d 352 · New York Supreme Court · May 23, 1960

The Board of Elections in the City of New York found the designating petitions to be valid. … intention to support generally at the next general election, state or national, the nominees of such party for state or national offices. .....................party (insert emblem) (insert emblem) “ ‘ Make a cross X or a check V

Marbly v. Motor Vehicle Accident Indemnification Corp.

40 Misc. 2d 973 · New York Supreme Court · Oct 23, 1963

Zoladz Lbr., 16 A D 2d 1024; Matter of Balletti v. MVAIC, 16 A D 2d 814). … Y.], 11 N Y 2d 310; Matter of MVAIC [Brown], 15 A D 2d 578).

People ex rel. City of New York v. Lawrence

48 Misc. 52 · New York Supreme Court · Jul 15, 1905

Stephens v. Phillips, 88 App. Div. 560 , while in opposition reliance is placed on Matter of Fitch, 147 N. Y. 334 . … Stephens v. Phillips, 88 App.

Kuczka v. Clark

110 Misc. 2d 273 · New York Supreme Court · May 21, 1981

According to Chief Manning, the town board routinely appoints those persons he recommends for positions. The board was scheduled to meet on June 30, 1980. … Board of Trustees of N.Y.

Baitinger Electric Co. v. Forbes

170 Misc. 589 · New York Supreme Court · Mar 28, 1939

Under this method petitioner v, as successful and ordinarily would have received the award. … Upon investigation the commissioner found that petitioner was a subagent of Weidenbach-Brown Co., Inc., which had also participated in the drawing, and that consequently in his opinion it had not been entirely fair.