Case law

People v. Kabre

29 Misc. 3d 307 · Criminal Court of the City of New York · Jul 22, 2010

Padilla completely abrogated all that precedent and is thus a departure from established precedent. … The Supreme Court has underscored the narrowness of this Teague exception by noting that only the right to counsel established by Gideon v Wainwright ( 372 US 335 [1963]) qualifies as a “watershed” ruling (Whorton v Bockting

United Streetcar, LLC v. Dept. of Rev.

23 Or. Tax 418 · Oregon Tax Court · Jul 11, 2019

The Enterprise Zone Act clearly authorizes the firm and the zone sponsor to agree to “any additional requirement the sponsor may reasonably require” as a condition of the addi- tional one or two years of exemption. … The court interprets these provisions as establishing a per-employee test, i.e., the statutes require that each employee whom the firm wishes to count toward the minimum requirement must work a majority of the employee’s

Warrington House, Inc. v. Department of Health & Rehabilitative Services

34 Fla. Supp. 2d 167 · State of Florida Division of Administrative Hearings · Nov 9, 1988

Accordingly, in a proceeding where the agency is denying renewal of a license, the burden is on the agency to show the applicant is no longer qualified for the license. … Additionally, the surveyor was not qualified to inspect in the fire safety area. Finally, none of these deficiencies were shown to be repeated after October 1, 1987. 8.

Rodriguez v. State

55 Misc. 2d 669 · New York Court of Claims · Dec 20, 1967

On the evidence before the court, claimant clearly was discharged from probation on March 18, 1963 but nevertheless was held in prison during a four-month period thereafter, beginning February 4, 1964, for alleged violation … Harsh though the application of the rule of judicial immunity may seem, it is essential to bear in mind the comment of Judge Learned Hand in Gregoire v.

People v. Rios

142 Misc. 2d 357 · Criminal Court of the City of New York · Jan 31, 1989

THE LAW Dismissal of an indictment for duplicity (CPL 200.30 [1]) is required where two or more offenses are alleged in one count unless the acts can qualify as a continuous crime (People v Keindl, 68 NY2d 410 ). … Duplicitous counts are clearly forbidden by CPL 200.30 and 200.50 (see, People v Rosado, 64 AD2d 172 ; People v Murray, 32 Misc 2d 757 ).

Marion County Assessor v. Simon DeBartolo Group, LP, DeBartolo Realty Partnership, LP, and SPG Lafayette Square, LLC

52 N.E.3d 65 · Indiana Tax Court · Apr 8, 2016

to the Court that the Indiana Board’s final determination in this matter is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … I mean that clearly shows to me a decline as well as the overall rents.

Van Natta v. Department of Revenue

13 Or. Tax 215 · Oregon Tax Court · Jan 26, 1995

For the first period in question, January-June 1991, the contract established a payment arrangement based upon a percentage split of gross receipts. … Taxpayers qualifying under ORS 321.282 calculate *217 their tax liability on the basis of net stumpage recovery.

Opinion No. 76-174 (1976) Ag

Oklahoma Attorney General Reports · Aug 5, 1976

The federal administrative regulations implementing the federal law are set forth in 45 CFR, part 177, and provide the terms and conditions under which such state guaranteed loan programs qualify for the federal benefits … It clearly appears from the agreement that so long as lenders participate in the Student Loan Program, they have the obligation to make a reasonable collection effort and the State Regents have the obligation to guarantee

Gould v. State of New York

2025 NY Slip Op 25283 · New York Court of Claims · Jul 11, 2025

CCA § 11 (b) Conditions the State's Wavier of Sovereign Immunity It is well established that "[t]he State's waiver of immunity from suits for money damages is not absolute, but rather is contingent upon a claimant's compliance … Here, claimants Girard, Gould, and Leckonby have established a prima facie case under the FLSA.

In re the Estate of Wagenheim

164 Misc. 823 · New York Surrogate's Court · Sep 27, 1937

Wagenheim was appointed trustee by the testator to serve without bond, and upon the discharge of the executors she qualified and has been acting as trustee since February, 1933. … The personal books, papers, documents and records of the trustee should not be examined unless or until it is clearly established upon the trial that the trustee has commingled the assets of the trust estate with her own

Plainfield Elks Lodge No. 2186 v. State Board of Tax Commissioners

733 N.E.2d 32 · Indiana Tax Court · Aug 2, 2000

The State Board argues that the Elks’ monetary contributions, as well as the organization’s other donations, are not enough to qualify it for the exemption. … The statute clearly states that a building’s exempt status turns on whether its property is used for the above-mentioned purposes the majority of the time. See Ind.Code Ann. § 6-1.1-10-36.3(a).

Tektronix, Inc. v. Department of Revenue

16 Or. Tax 338 · Oregon Tax Court · Feb 21, 2001

ORS 315.304 “gives qualified taxpayers a tax credit for the cost of constructing certified pollution control facilities.” Smurfit, 329 Or at 593 . … This court held that: “[t]he fact that a statute may bar an assessment for taxes or a claim for refund after a certain period does not mean that the administrative agency or the courts must ignore the facts establishing the

Chang v. Chiariello

114 Misc. 2d 186 · Civil Court of the City of New York · Jun 1, 1982

BACKGROUND The history behind the establishment of the Small Claims Part of the Civil Court of the City of New York (L 1934, ch 598) and its subsequent statutory lineage indicate that through the use of relaxed or adjusted … to the rules and principles of substantive law” (CCA, § 1807). *188 It should be noted that litigants have the option of submitting their controversy to court-appointed arbitrators who are experienced, qualified, and carefully

Columbus Holding Corp. v. State

60 Misc. 2d 199 · New York Court of Claims · Jul 9, 1969

This regulatory power has been so clearly established as a valid exercise of the police power as to be beyond question. (Red Apple Rest v. McMorran, 12 N Y 2d 203; Northern Lights Shopping Center v. … It has been so clearly established that damages caused by diversion of traffic are damnum absque injuria as to not require citation of authority.

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 20, 1996

Opin. 76-222. ¶ 11 Thus, it has been firmly established by this office that the provisions contained within Section 150.8(F) authorize a former municipal police officer who has been hired by the OSBI, the opportunity to remain … Okla. 1985). ¶ 15 While it is true that membership in OLERS by eligible employees can be viewed as mandatory under 47 O.S.Supp. 1995, § 2-300[ 47-2-300 ] (6), it is also true that through Section 150.8(F), the Legislature clearly

People v. Woods

54 Misc. 3d 453 · Criminal Court of the City of New York · Oct 14, 2016

Clearly, then, an accusatory instrument’s factual allegations that consist solely of verbal threats or other offensive comments is jurisdictionally defective, and must be dismissed (Matter of Jaccob S., 77 AD3d 523, 524 [ … Indeed, it may not even qualify as threatening or harassing. It is, however, of no consequence; in the menacing context, mere words, threatening or otherwise, serve only to exacerbate, not generate, physical menace.

Opinion No. 68-306 (1968) Ag

Oklahoma Attorney General Reports · Nov 21, 1968

68-2481.7 ] [ 68-2481.7 ]): "Any assessor who deems it necessary to enable him to complete the listing and the valuation of the property of his county within the time prescribed by law, (I) may appoint one or more well-qualified … It is where the special law clearly includes the subject matter and prescribes different rules of procedure that it controls over a general law. Reubin v. Thompson, Okl., 406 P.2d 263 (1965).

Estate of Apple v. Commercial Courier Express

North Carolina Industrial Commission · Feb 13, 2003

The CNAs, however, were not qualified to perform the aspirations, but could only assist by notifying the qualified nursing staff at the W-S Rehab that decedent might benefit from aspirations. 11. … Morton clearly does not have personal knowledge of the information which plaintiff seeks to rely upon and on numerous occasions in her testimony stated that she did not know: "I don't really know what happened during that

Pruitt v. Pruitt

445 A.2d 955 · Delaware Family Court · Mar 29, 1982

after a hearing the Court shall: (1) Rule upon the petition; or (2) Continue the matter with the consent of both parties for further hearing not more than 60 days later so that the parties may seek counseling, either with a qualified … Presumably, if counseling did not occur the improbability of reconciliation would then clearly be established.

Alsaedi v. Alsaedi

177 Misc. 2d 440 · Civil Court of the City of New York · May 22, 1998

Cohen ( 276 NY 274, 278 [1937], supra), which was recently relied upon by the Appellate Division in Wowaka & Sons v Pardell ( 242 AD2d 1 [2d Dept], supra), plaintiff contends that this fact alone renders the contract here immune … This court will not permit plaintiff to unilaterally execute an end run around the comprehensive regulatory scheme established by the Legislature.