Case law

Opinion No. 69-246 (1969) Ag

Oklahoma Attorney General Reports · Jul 23, 1969

The rules referred to obviously designate a basis upon which any Oklahoma bank might qualify as a depository. … Thus. the manifest purpose of the rules is to establish criteria for selection of Oklahoma banks as depositories in order that any bank in the State might have an equal opportunity to qualify as a depository.

Doe v. State

159 Misc. 2d 83 · New York Court of Claims · Aug 6, 1993

a remedy when the petitioner has established a right to relief. … The article further clearly contemplates that qualified insurance companies issue and make the periodic payments arising under CPLR article 50-B (see, e.g., CPLR 5042).

Ovidiu Ciceu v. Knox County Assessor

Indiana Tax Court · Oct 24, 2025

A party cannot make an argument for the first time in his reply brief; this has long been established practice in Indiana’s reviewing courts. State v. Marion Cir. … Stated another way, the Board found that the Assessor’s assessor-appraiser certification did not qualify him as an expert in generally accepted appraisal principles.

In re the Estate of Carucci

2 Misc. 3d 632 · New York Surrogate's Court · Dec 11, 2003

She raises the following objections: first, the renunciations would not qualify as qualified disclaimers under the Internal Revenue Code as the infants are receiving consideration and thus accepting the benefits in return … Here, the infants are clearly receiving consideration in monies’ worth from the petitioner whose interest in the family partnership will be accelerated and increased.

In re the Estate of Weber

22 Misc. 2d 290 · New York Surrogate's Court · Dec 3, 1959

having a usual place of business in Boston, County of Suffolk, said Commonwealth, as it is Trustee of the Permanent Charity Fund under an Agreement and Declaration of Trust dated September 7, 1915, the trust fund hereby established … The fund, the decedent’s residuary estate, is clearly delineated. The testamentary trustee, the Boston Safe Deposit & Trust Co. is named and the charitable recipient and purposes of the trust are clearly defined.

People v. Lee

2 Misc. 3d 363 · Criminal Court of the City of New York · Nov 21, 2003

. • At the close of all the evidence, defense counsel moved for a trial order of dismissal (CPL 290.10), arguing that even if the People had established that the identification card at issue was a falsely made document, as … Of course, Briggins does not stand for the proposition that by signing one’s real name a person is immunized from possessing a forged written instrument.

Dow v. State

183 Misc. 674 · New York Court of Claims · Sep 16, 1944

She is clearly entitled to an award because upon the record before us no finding can be made other than to charge the State with negligence. … The waiver of immunity from liability granted by an enlightened Legislature in 1929 has received favorable interpretation and judicial sanction.

Opinion No. (1995)

Oklahoma Attorney General Reports · Oct 12, 1995

once again examining the nature of the Fund, the Court concluded that the Fund was not protected by traditional sovereign immunity. … freeze in hiring," are part of the Oklahoma Personnel Act, and because that Act defines "agency" to include "department[s]" of the State, id. at § 840-1.3(1), such as the State Insurance Fund, and further because it was clearly

People v. William

188 Misc. 2d 869 · Criminal Court of the City of New York · Mar 5, 2001

The defendant contends that given that there are specific, technical criteria for a knife to qualify as a “gravity knife,” the People must plead sufficient facts to establish a prima facie case that the knife described in … This is clearly distinguishable from marihuana or other controlled substances where the items actually must be tested despite its appearance in order to confirm its identity.

In re the Accounting of Morrissey

190 Misc. 226 · New York Surrogate's Court · Jul 29, 1947

Without entering upon extensive comment thereon, suffice it to say that the testator’s intent gatherable from the will as a whole, is quite clearly to the effect that he meant *229 “ their ” (of course, respective) heirs. … The -primary gift is clearly contingent. The secondary gift is likewise contingent. • The testator has indicated an intention to postpone' vesting until the termination of the trust. (New York Life Ins. & Trust Co. v.

Campbell v. State

186 Misc. 586 · New York Court of Claims · Jun 17, 1946

By this statute, the State waived its immunity from liability and jurisdiction was conferred upon this court to hear, audit and determine the claim of claimant against the State for damages sustained as a result of and in … He is clearly entitled to substantial additional damages. The amount is not easy to determine. The prior cases upon that question are of little value in fixing the amount.

In re Arbuckle

9 Mills Surr. 372 · New York Surrogate's Court · Jun 15, 1912

The act must, therefore, be construed strictly against the public administrator, and his demand must fail unless clearly justified by the statutory language. … Clearly there is here one case in which next of kin, nonresident at the time of death but resident at the time when administration become necessary, are qualified in preference to the public administrator, and the test of

Opinion No. 71-125 (1971) Ag

Oklahoma Attorney General Reports · Feb 12, 1971

In Williamson, the Court defined "optician" as "an artisan qualified to grind lenses, fill prescriptions, and fit frames," Williamson, supra, at Page 486. … The Court, at Page 490, established the optician's circumstance by saying: "An eyeglass frame, considered an isolation, is only a piece of merchandise.

Areson v. Areson

3 Denio 458 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1846

The rules for the guidance of courts are well established, and appear at the present day to furnish no matter of controversy. … It clearly makes the words “ during her lifetime,” qualify the preceding sentence, and embraces aá well the real estate and clock, as the interest of the five hundred dollars.

Tucker v. Lane County Assessor, Tc-Md 080902d (or.tax 1-14-2009)

Oregon Tax Court · Jan 14, 2009

Evans wrote that "it is clearly the county assessor's responsibility to review all `relevant evidence' to determine if the land is properly classifiable as forestland." (Def's Statement of Facts at 2.) … When the legislature enacted the special assessment of western Oregon forestland, the program was established "as a means of: "(a) Recognizing the long-term nature of the forest crop and fostering the public policy of Oregon

United Jersey Bank v. Director, Div. of Taxation

12 N.J. Tax 516 · New Jersey Tax Court · Jul 20, 1992

Under this definition, checks and deposit slips clearly qualify as “paper products and household paper.” … Clearly, plaintiff qualifies as a “retailer of litter-generating products” for purposes of N.J.S.A. 13:1E-99.1a.

Opinion No. 80-169 (1980) Ag

Oklahoma Attorney General Reports · Dec 23, 1980

purpose of this statute is: "(a) To provide uniformity in Accident and Health Insurance and/or Benefits Coverage and Life Insurance on all employees of the State of Oklahoma; "(b) To enable the state to attract and retain qualified … As the purchase of liability insurance has been held to be a waiver of sovereign immunity, the decision to purchase liability insurance necessarily impacted upon broader public policy concerns and simply the "internal management

Camden City v. Taxation Division Director

4 N.J. Tax 458 · New Jersey Tax Court · Jul 9, 1982

The legislative history of this section clearly establishes the legislative purpose. … To qualify for the exemption the Legislature intended that both of the requirements be met.

In re the Construction of the Will of Halstead

6 Misc. 2d 832 · New York Surrogate's Court · Mar 22, 1957

Under the terms of article Eleventh of the will, a trust was established of the residuum of her estate, the income from which was to be paid to her son during his life with the corpus passing upon the son’s death to the trustees … If the son predeceased the testatrix, the intent was clearly expressed that the property become a part of the residuary estate.

Atlantic Richfield Co. v. Department of Revenue

14 Or. Tax 212 · Oregon Tax Court · Jul 9, 1997

As amended, the taxpayer no longer qualified for the deduction. The taxpayer contended that such a retroactive change in the law violated the due process requirements. … The court also noted that Congress acted promptly and established only “a modest period of retroactivity.” Id. at 29 .