Case law

In re the Estate of Chapin

167 Misc. 388 · New York Surrogate's Court · Feb 28, 1938

Even if the respondent had attacked the will itself on the ground of incompetency, then the mere nomination therein of the executor would qualify him to attack the codicil, if he chose to do so (Matter of Greeley, 15 Abb. … No case clearly supporting such a motion has come to the attention of the court. My conclusion is that this motion should be denied, upon the merits. Enter an order in accord with this decision.

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.

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

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).

In re the Adoption of an Anonymous Child

195 Misc. 6 · New York Surrogate's Court · May 11, 1949

petitioners and respondent reveals, and without further investigation and without the aid and advice and counsel by either petitioners or respondent or an authorized agency or such person or persons commonly well known to be qualified … It must be clearly observed that the docment alleged to be a consent to adopt the child was not directed to an authorized agency as specified in section 384 of article 6 of the Social Welfare Law, but was addressed to the

In re the Estate of Nelson

125 Misc. 2d 451 · New York Surrogate's Court · Mar 13, 1984

These cases clearly establish that among the primary considerations for the exercise of discretion are the wishes of the testator if expressed and also the convenience of the fiduciaries and beneficiaries. … Greenspoon upon their duly qualifying according to law and filing a bond in an amount to be fixed in the decree.

People v. Dorcent

29 Misc. 3d 1165 · Criminal Court of the City of New York · Oct 22, 2010

The evidence is relevant, beyond the knowledge of the average juror and was presented by a qualified expert. … The People established that RMOMS and AMS followed specific procedures to fit, adjust and monitor the defendant’s SCRAM bracelet.

R. L. G. v. J. G.

387 A.2d 200 · Delaware Family Court · Sep 26, 1977

If Wife remarries and remains in the residence, she will then purchase Husband’s full one-half (%) interest to the property, based on the fair market value at that time as established by the appraisal of a qualified appraiser … by the appraisal of a qualified appraiser approved by both parties. “4.

Jordan v. State

56 Misc. 2d 1032 · New York Court of Claims · May 15, 1968

subject matter of his claim concerns the events of his prior detention and did not involve his then current imprisonment on a subsequent and unrelated charge, the claimant upon his release on parole on November 25,1959 qualified … Statutes of Limitation are statutes of repose and where, as here in the Court of Claims, the statute provides the basis for the jurisdiction of the court to entertain the claim, it must be clearly established that the claimant

Madyda v. Ohio Dept. of Pub. Safety

2023 Ohio 4889 · Ohio Court of Claims · Dec 22, 2023

When the legislative intent is clearly expressed, a court may not restrict, constrict, qualify, narrow, enlarge, or abridge the language of the statute “under the guise of statutory construction.” Id. … Case No. 2019-00426JD -9- DECISION {¶20} To prevail, Plaintiffs must establish that: “(1) the plaintiff conferred a benefit on the defendant

Wilkie v. Stanley

2011 NCBC 11 · North Carolina Business Court · Apr 20, 2011

Stanley’s affidavit focuses on the partnership claim and stresses that Stanley has clearly withdrawn from any ongoing partnership relationship with Wilkie. … Pugh established a general rule that partners cannot seek an accounting while the partnership is in existence, but it also qualifies that general rule with numerous exceptions. See 193 N.C. at 260, 136 S.E. at 708−09.

Lipkis v. Pikus

122 Misc. 2d 136 · Civil Court of the City of New York · May 6, 1983

In addition, the initial data supplied for the remaining four units does not conclusively establish compliance or noncompliance with the statute’s time requirements. … Thus, of the 14 potentially residential units in the buildings in question, a minimum of 6 clearly meet the time requirements of section 281 (subd 1, par [iii]), 4 do not appear at first blush to fall within the necessary

Muller v. State

179 Misc. 2d 980 · New York Court of Claims · Jan 28, 1999

pursuant to designation by the Social Security Administration or that otherwise assumes management responsibility over funds of a patient to maintain such funds in a fiduciary capacity to the patient, was enacted in 1986 and clearly … Notwithstanding the language of Mental Hygiene Law § 43.03, as claimant’s representative payee the neutral conservator would have been immune from suit or any other form of “legal process” so long as the disability benefits

Opinion No. 07-27 (2007)

Oklahoma Attorney General Reports · Sep 13, 2007

Having established the requirements for participation in the System, we must next determine under what circumstances an eligible participant receives credited service in the System. … There was no other training to become a permanent police officer which would qualify such person for participation in the System. See id. 4.

In re the Estate of Gates

142 Misc. 83 · New York Surrogate's Court · Nov 30, 1931

It seems to me that such an intention on the part of the testator would be unnatural and should not be ascribed to him unless clearly expressed in his will. … with the will annexed on the estate of John Gates upon qualifying as prescribed by law. ■ A decree conforming with this decision may be entered upon notice.

Opinion No. (2007)

Oklahoma Attorney General Reports · Sep 13, 2007

. ¶ 4 Having established the requirements for participation in the System, we must next determine under what circumstances an eligible participant receives credited service in the System. … There was no other training to become a permanent police officer which would qualify such person for participation in the System. See id. 4.

Rubin v. Dondysh

146 Misc. 2d 37 · Civil Court of the City of New York · Dec 19, 1989

In terms of the burden of proof, which is clearly on the tenant, see also Parkwood Realty Co. v Marcano (supra, at 693). … The no-mitigation rule, whether in the context of residential or commercial litigation, has clearly outlived its usefulness.

In re the Estate of Jorden

8 Misc. 3d 789 · New York Surrogate's Court · May 25, 2005

The executrix’s defenses challenging jurisdiction and alleging the pendency of another action clearly warrant summary disposition. … Accordingly, De Kovessey is clearly not suited as authority for the ALJ’s ruling in Broadway Assoc., which resulted in a windfall rather than averting one.

Forest Rehabilitation Medicine PC v. Allstate Insurance

44 Misc. 3d 476 · Civil Court of the City of New York · Jun 24, 2014

Prior to the commencement of testimony, the parties stipulated to the establishment of plaintiffs prima facie case, noting that defendant issued a timely denial of the claims asserting medical necessity as its defense. … Thus, the numerous mechanisms, i.e., whirlpool, heat, and electric stimulation, which are regularly applied in physical therapy sessions would clearly be preferable and cheaper forms of treatment. Moreover, Dr.

Global Hookah Distributors, Inc. v. Dept. of Rev.

24 Or. Tax 562 · Oregon Tax Court · Aug 6, 2021

established.’ … Wayfair, 138 S Ct at 2099; see also Hellerstein, 2 State Taxation ¶ 19.02 n 142 (“Clearly, a virtual presence (in the modern sense of having a website) is not required to establish substantial nexus.