Case law

Opinion No. (1999)

Oklahoma Attorney General Reports · Jan 13, 1999

The first reads: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. Okla. Const. art. … The judiciary can interfere with legislative action only when it clearly appears that a given act contravenes the basic law of the State and for that reason is unconstitutional and void.

People v. Sanchez

47 Misc. 3d 612 · Criminal Court of the City of New York · Jan 28, 2015

As long as the signature, *617 the intent of the maker, and the verification are established, then the fact that the agreement and signature are proved by email is irrelevant. … The complainant in the instant case clearly stated her intent by her reply email, “I agree” with the typed signature after being sent the complaint and supporting deposition.

Surber v. Rockingham Cty. B.O.E.

North Carolina Industrial Commission · Dec 1, 2004

Plaintiff's Form 33 was filed within 2 years of Defendant's last payment of compensation and clearly satisfies N.C. Gen. Stat. § 97-25.1 and Rule 408. 21. … had not otherwise been established under the Workers' Compensation Act.

Keller v. Department of Revenue

12 Or. Tax 381 · Oregon Tax Court · Feb 23, 1993

Applying the pre-1951 law, the court in Keyes held that a Canadian gross income tax on dividends did not qualify as a “net income tax.” 209 Or at 662 . … But they did not increase the value of the products— that value was established by the market price at which they sold.” (Emphasis in original.)

First National City Bank v. Taxation Division Director

5 N.J. Tax 310 · New Jersey Tax Court · Mar 23, 1983

Plaintiff’s fiduciary activities in New Jersey preclude it from being qualified for the exemption. The subject facts are distinguishable from those in Diamondhead Corp. v. Taxation Div. … It held that, in such situations, interstate commerce is not immune from tax if the tests are met.

In re Proving the Last Will & Testament of Eyett

124 Misc. 523 · New York Surrogate's Court · Mar 2, 1925

part of many persons about to make testamentary dispositions of their possessions to rely upon their own slight and faulty knowledge of such matters rather than to avail themselves of the knowledge and experience of well-qualified … Not the slightest intimation of fraud is made. *529 The circumstances of the execution of the instrument clearly appear from the attestation clause.

Jack v. Martin

14 Wend. 507 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1835

531 The doctrine at this day is too well settled to admit of cavil or doubt, not only by judicial decisions but by the voice of the American people, that the several states have reserved to themselves all the rights and immunities … of independent sovereignties, except such powers as are conferred upon congress by the explicit language of the constitution, or are clearly and unequivocally to be implied from it.

In re the Appointment of a Successor Guardian for R.R.

42 Misc. 3d 775 · New York Surrogate's Court · Dec 27, 2013

that for purposes of intestate succession the only persons who can be deemed distributees of the deceased are *781 those who qualify as such at the date of the death of decedent”]). … Moreover, the undisputed evidence established that the mother limited the father’s contact and relationship with the ward.

People v. Johnson

118 Misc. 2d 983 · Criminal Court of the City of New York · Apr 29, 1983

The case before the court is clearly distinguished from this case. The test of reasonableness of the conditions imposed determines their validity. … In the instant case, it is entirely reasonable to qualify the defendant’s probation with the condition that she not continue employment in a store where obscene films are displayed and sold.

In re the Judicial Settlement of the Accounts of Roche

6 Mills Surr. 46 · New York Surrogate's Court · Feb 15, 1907

He requires the board of directors to make the necessary rules and regulations to carry into effect his plan and design, as they are clearly authorized to do by their certificate and the law. … The Words, “ while an hospital institution is maintained by said corpora *51 tion in the City of Troy,” in no way apply to the gift of the principal of the fund, nor do' they qualify or limit the absolute bequest thereof

Deto Laboratory, Inc. v. Allstate Insurance

117 Misc. 2d 1027 · Civil Court of the City of New York · Feb 15, 1983

To implement the statutory mandate for the establishment of simplified arbitration procedures for handling first-party benefit disputes, the superintendent adopted regulation 11 NYCRR 65.16. … To provide a similar fee if a litigant has to process the claim through litigation in court or through an arbitration hearing is in this court’s view clearly unreasonable.

In re the Accounting of Smith

19 Misc. 2d 335 · New York Surrogate's Court · Apr 2, 1959

S. 2d 176), a clearly expressed intention to prevent the operation of the statutory rule is controlling. Matter of Duryea’s Estate, 277 N. Y. 310 , 14 N. E. 2d 369 ,124 A. L. R. 647. … It is well established that this court has no jurisdiction to review a determination of the taxing authorities with respect to the amount of tax imposed upon the estate.

People v. Sesman

137 Misc. 2d 676 · Criminal Court of the City of New York · Nov 6, 1987

For this reason the evidence in this hearing relevant to the establishment of the times at which these two events occurred must be very clearly examined, and that evidence then tested by the burden of proof applicable to … Breathalyzer tests and results are clearly nontestimonial in character.

Hunt Eng., L.L.C. v. Ohio Environmental Protection Agency

2022 Ohio 3141 · Ohio Court of Claims · Aug 23, 2022

In the absence of copies of the cover memoranda sent with OEPA’s responses, or copies of any redacted records, both of which clearly qualify as “written responses or other communications relating to the request,” and the … The public office must clearly deny the existence of the specifically requested records. State ex rel. Morgan v.

Sanker, Jason v. Nacarato Trucks, Inc.

2016 TN WC App. 29 · Tennessee Workers' Compensation Appeals Board · Jul 6, 2016

B) Exceed the statutory authority of the workers' compensation judge; (C) Do not comply with lawful procedure; (D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly … Moreover, to qualify for medical benefits, an employee need not establish that the aggravation of his or her pre-existing condition caused a permanent disability. Miller, 2015 TN Wrk. Comp. App. Bd.

Seaboard Landing, LLC v. Borough of Penns Grove

28 N.J. Tax 607 · New Jersey Tax Court · Dec 3, 2015

The Freeze Act does not contain language qualifying the revaluation limitation in the fashion suggested by Seaboard. … In a May 8, 2012 written opinion the court concluded that the property does not qualify for an exemption.

Reck v. Director, Division of Taxation

18 N.J. Tax 598 · New Jersey Tax Court · Mar 21, 2000

The EY Keogh Plan was a qualified pension plan under I.R.C. § 401(a). … The decision by Ernst & Young to establish a Keogh Plan for the benefit of its partners was a business decision no different from the partnership’s decision to establish the EY 401(k) Plan for the benefit to its partners

Atamanuk v. Wong

82 Misc. 2d 1059 · Civil Court of the City of New York · May 12, 1975

(the tenant’s attorney) to operate as a corporation providing legal services states, inter alia: "such attorneys shall not accept contingency fee cases unless it is established after a reasonable effort of referral that a … Clearly, the offending landlord is not being unduly penalized.

People v. Laspina

135 Misc. 2d 422 · Criminal Court of the City of New York · Apr 10, 1987

Clearly, well over a year has elapsed from the time the charges were reduced until the making of the People’s motion. … Finally, the People cannot rely on their own repose in investigating this case as an "exceptional circumstance” that qualifies under CPL 30.30 (4) (g) (People v Twine, 121 Misc 2d 762, 765 [Crim Ct, NY County 1983]).

In re the Estate of Gibson

40 Misc. 2d 253 · New York Surrogate's Court · Aug 7, 1963

Professor Page states the rule clearly and succinctly: “ If a thing is within the boundaries of a state, the state, under our theory of jurisdiction and governmental power, may decide as to the title to such thing, the disposition … Thus section 45 of the Surrogate’s Court Act, which establishes the venue of proceedings in the Surrogates’ Courts (see Matter of Connally, 34 Misc 2d 132, 134-136 ), authorizes court action on the estate of a nonresident