Case law

Joyner-Pack v. State

38 Misc. 3d 903 · New York Court of Claims · Dec 3, 2012

Under the terms of the proposed ICO, the costs of claimant’s future medical care and other qualifying costs would be paid for out of the New York State Medical Indemnity Fund (the MIF or Fund), established in chapter 59 of … Put generally, the MIF is supported by a state appropriation, and pays the “qualifying health care costs” of “qualified plaintiffs.”

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Aug 20, 1991

THE ANSWER TO YOUR FIRST QUESTION REQUIRES AN ANALYSIS OF WHO QUALIFIES FOR MEMBERSHIP IN THE OKLAHOMA TEACHER'S RETIREMENT SYSTEM (OTRS). … OKLAHOMA TAX COMMISSION, 801 P.2D 686 (OKLA. 1990), HAS HELD THAT A LONG-STANDING INTERPRETATION MUST BE GIVEN GREAT WEIGHT BY THE COURTS AND SHOULD BE DISTURBED FOR ONLY COGENT REASONS, UNLESS THE CONSTRUCTION IS CLEARLY

In re the Probate of the Will of Weinberger

206 Misc. 770 · New York Surrogate's Court · Oct 1, 1954

The court holds that such facts clearly establish decedent’s intention to revoke the earlier instrument and that it has been effectively revoked in conformity with the provisions of section 34 of the Decedent Estate Law ( … Letters of administration will issue to the petitioner upon qualifying according to law. Proceed accordingly.

In re Daniel

181 Misc. 2d 941 · Civil Court of the City of New York · Aug 12, 1999

It would appear that MVAIC and qualified plaintiffs should be allies, not adversaries, when seeking to establish the responsibility of a suspect owner/ operator. … Clearly, the earlier decision would not be res judicata as to MVAIC if it was not a party to the earlier action.

St. Mary's Building Corporation v. Sarah E. Redman, Warrick County Assessor

Indiana Tax Court · Nov 21, 2019

qualified for a charitable purposes exemption under Indiana Code § 6-1.1-10-16(a). … But to read that case, as the Building Corporation has, as establishing a per se exemption that applies here misinterprets the case.

Tipton County Health Care Foundation, Inc. v. Tipton County Assessor

961 N.E.2d 1048 · Indiana Tax Court · Feb 16, 2012

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … To meet its burden, the taxpayer must have made a prima facie case 2 at the Indiana Board hearing by submitting probative evidence 3 sufficient to show its property qualifies for exemption.

People v. Legrand

88 Misc. 2d 685 · Criminal Court of the City of New York · Dec 8, 1976

Such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has previously been acquitted thereof, or has legal immunity from prosecution therefor”. … Clearly, this is not the situation here. Section 20.05 of the Penal Law simply restates a principle which is otherwise firmly established in law.

Warner & Ray v. Beers

23 Wend. 103 · Court for the Trial of Impeachments and Correction of Errors · Apr 15, 1840

, privileges or immunities to an association or congregated body of individuals. … Such is the established notion of our common law.

Department of Revenue v. Clark

17 Or. Tax 218 · Oregon Tax Court · Oct 6, 2003

Taxpayer has no common-law immunity, because his liability for income tax, or exemption therefrom, is entirely a matter of statute. … satisfied on facts submitted by taxpayer. 7 This discussion relates only to taxpayer’s particular situation and is not intended to suggest that the department must establish a basis for rejecting any particular withholding

Wyer v. Middletown Township

16 N.J. Tax 544 · New Jersey Tax Court · Jun 19, 1997

The Appellate Division clearly set forth its “view that where the woodland in question is not ‘part’ of the farm within the rational [sic] of Andover, supra., it can, if contiguous to the farm, qualify for the farmland assessment … the qualifying parcels.

Jayne v. State Tax Commission

2 Or. Tax 65 · Oregon Tax Court · Jan 22, 1965

However, the instant case so clearly points up the statutory construction problems presented that a discussion of both issues will clarify the decision in each. … The rules themselves establish this conclusion. Read together they are contradictory and confusing.

31 West 21st Street Associates v. Evening of the Unusual, Inc.

125 Misc. 2d 661 · Civil Court of the City of New York · Jul 16, 1984

Did the petitioner establish that the type of sadomasochistic conduct engaged in by the patrons of respondent’s establishment constitutes sexual conduct and, if so, does it rise to a level sufficient to support a holding … The first argument advanced by the respondent, Club O, is that their patrons’ activities acquire constitutional immunity because their participation is consensual.

In re Shaw

207 A.3d 442 · Court of Judicial Discipline of Pennsylvania · Apr 23, 2019

Recognizing that people may say there can be a different of opinion regarding what the term "affair" means, this judge cannot imagine having a physical sexual liaison does not qualify as an "affair." … Many commentators have suggested that such actions are therefore outside of any judicial immunity provided by law.

Opinion No. 70-155 (1970) Ag

Oklahoma Attorney General Reports · May 8, 1970

(Emphasis added) Oklahoma Constitution, Article XIIIA, Section 2 establishing the Oklahoma State Regents for Higher Education, states in pertinent part as follows: "The Regents shall constitute a coordinating board of control … Legislative acts should be upheld unless they are plainly and clearly within the express prohibitions and limitations of the Constitution. Sanchez v. Melvin, Okl., 418 P.2d 639 (1966); Taff v.

Opinion No. 78-180 (1978) Ag

Oklahoma Attorney General Reports · Jun 30, 1978

of statutory exception or statutory provision for reinstatement, an agent transferred pursuant to 74 O.S. 150 .14 [ 74-150.14 ] (1977) who voluntarily terminates employment must possess the statutorily required degree to qualify … The new degree requirement specified in 74 O.S. 150 .8 [ 74-150.8 ], paragraph A is clearly an objective eligibility qualification for those applying for appointment as agent and subsequent applicants may not evade this educational

Ford v. Jurgens

2021 NCBC 64 · North Carolina Business Court · Oct 5, 2021

Once the party invoking the doctrine establishes that the documents or things in question were prepared in anticipation of litigation, work product immunity attaches unless the other party establishes that he has “substantial … may not have fully understood the legal ramifications resulting from the transfer of Association funds at the time the transfer occurred, Defendants point out that the operating agreement that was thereafter created clearly

Opinion No. (1979)

Oklahoma Attorney General Reports · Apr 11, 1979

Such persons shall be required to qualify to perform said additional duties by satisfactorily completing a course of training prescribed by the Commissioner. … or remuneration would be justified when a "Water Enforcement Officer" qualified for or performed his statutorily delineated, secondary duty.

Edwards v. Edwards

295 S.W. 581 · Texas Commission of Appeals · Jun 4, 1927

W. 104 , said that, if the grandparents were qualified to have the child 20 days each month, they were qualified to have him all the time. … Of course, the father contended that, if he was qualified to have the child one-third of the time, he was qualified to have him all of it.

Larry G. Jones and Sharon F. Jones v. Jefferson County Assessor

51 N.E.3d 461 · Indiana Tax Court · May 4, 2016

On July 17, 2013, the Indiana Board issued a final determination finding that the parties’ evidentiary presentations had established that the Joneses’ residence was assessed as if it were 100% complete during the years … at issue when clearly it was not.

Fidelity Building & Loan Ass'n v. Thompson

51 S.W.2d 578 · Texas Commission of Appeals · Jun 9, 1932

An amendment making it unlawful to issue bonds payable at a distant day, without at the same time establishing a fund for their ultimate redemption, will not invalidate a bond already out. … In other words, in the Love Case it was clearly held that the right which exists in the Legislature to alter and abolish school districts, or to alter, increase, diminish, and abrogate their powers, does not clothe the Legislature