Case law

People v. Jusino

11 Misc. 3d 470 · New York Supreme Court · Dec 16, 2005

(Correction Law § 168-n [3]; Doe v Pataki, 3 F Supp 2d 456 [SD NY 1998]; People v Arotin, supra; People v Dort, supra; People v Brown, 7 AD3d 831 [3d Dept 2004].) … (People v Brown, supra.) Moreover, the Guidelines are just that: factors which may serve as useful guides for the court as it assesses the offender’s risk of reoffending.

Saint Joseph's House for Homeless Industrious Boys Inc. v. Zoning Hearing Board

23 Pa. D. & C.4th 250 · Pennsylvania Court of Common Pleas, Bucks County · Mar 14, 1995

In Children’s Aid Society v. Zoning Board of Adjustment, 44 Pa. Commw. 123 , 402 A.2d 1162 (1979), the society sought to use a single-family dwelling as a residence for a family of six foster children. … The functional analysis of the proposed unit was utilized again in Pennsylvania George Junior Republic v. Zoning Hearing Board of Coolspring Township, 37 Pa. Commw. 151 , 389 A.2d 261 (1978).

Commercial Leasing Corp. v. Junbo Enterprises, Inc.

7 Va. Cir. 20 · Richmond County Circuit Court · Jul 28, 1980

Commercial’s board of directors is comprised of five directors who are officers, directors or shareholders *21 in Golden Skillet and one director who is the owner of United. … Brown v. Magrande Compania Naviera, 281 F. Supp. 1004 (E.D. Va. 1968). The depositions and exhibits do not reveal such circumstances.

Tonella v. Fishkill Rural Cemetery

135 Misc. 81 · New York Supreme Court · Oct 22, 1929

J. 63; Brown v. Hill, 284 Ill. 286 ; 119 N. E. 977 ; Schoonmaker v. The Minister, Elders, etc., 5 How. Pr. 265 .) In Mitchell v. Thorne ( 134 N. … (Brown v. Hill, supra; Birch v. Birch, 123 Misc. 229 .)

Heyl's Estate

29 Pa. D. & C. 672 · Pennsylvania Orphans' Court, Philadelphia County · Jun 18, 1937

Supp. 853 ; Durant v. Crowley et al., 197 N. Y. App. Div. 540, 189 N. Y. Supp. 385 ; In re Jones’ Estate, 155 Misc. 315 , 280 N. Y. Supp. 521 ; Roach’s Estate, 50 Ore. 179 ; Kimball v. Reding, 31 N. … H. 352; Macleod *674 v. Annesley, 16 Beavan 600, 51 Eng. Repr. 912.

Rosada v. Jackson

12 Va. Cir. 302 · Caroline County Circuit Court · Jun 16, 1988

recourse to any forum (outside the Board itself). … In Brown v. Lukhard, 229 Va. 316 (1985), the Court invalidated a departmental regulation that violated legislative enactments without hesitating to question its power to do so. See also Mosher Steel v.

Eldridge v. Kenning

12 N.Y.S. 693 · New York Supreme Court · Jan 23, 1891

The case at bar seems to be precisely within the doctrine declared, per Selden, J., in Crary v. Goodman, 22 N. … In Baldwin v. Brown, 16 N. Y. 359 , it is said to be evidence of so conclusive a nature as to preclude evidence to the contrary; and in Reed v. Farr, 35 N.

Bohring v. Root

1 Wilson 29 · Indiana Superior Court · Jul 1, 1871

Halstead v. Brown, 17 Ind., 202 ; Kirby v. Studebaker, 15 Ind., 45 . … Dickerson et al v. The Board of County Commissioners of Ripley Co. et al, 6 Ind., 128 . The payment of interest in advance is a sufficient consideration to support an agreement for further forbearance. Same.

Ham v. Mayor of New York

5 Jones & S. 458 · The Superior Court of New York City · Jun 1, 1874

In Gardner v. The Board of Health, 4 Sandf. 153 , the action was to recover for services performed under the employment of the board; and Ch. J. … This distinq *480 tion is clearly recognized in Eakin v. Brown (1 E. D.

People v. Knapp

4 Misc. 2d 449 · New York Court of Sessions · Jun 1, 1956

Wisconsin Employment Relations Board, 315 U. S. 740, 750, 749 .” Similarly, in United Workers v. Laburnum Corp. ( 347 U. … Consequently, the requirement of both the State and Federal Constitutions has been satisfied (Brown v. Walker, 161 U. S. 591 ; Jack v. Kansas, 199 U. S. 372 ; Feldman v. United States, 322 U. S. 487, 493 ; People v.

Seltzer v. Commonwealth

55 Pa. D. & C. 59 · Pennsylvania Court of Common Pleas, Schuylkill County · Jan 21, 1946

For this reason, and in order to establish a uniform method of selecting viewers (Brown’s Petition, 236 Pa. 1 ), the Act of June 23, 1911, P. … See Wilson v. City of Scranton, 141 Pa. 621 ; Prager v. Armstrong County, 48 Pa.

Commonwealth v. Rohrer

37 Pa. D. & C. 410 · Lancaster County Court of Quarter Sessions · Aug 27, 1937

In Milk Control Board v. Gosselin’s Dairy, Inc., (Mass.1938) 16 N. … Paterson Milk & Cream Co., Inc., v. Milk Control Board, 118 N. J. L. 383, 192 A. 838 .”

Tom L. Lamere & Associates, Inc. v. City of Syracuse Board of Education

8 Misc. 3d 913 · New York Supreme Court · Jun 24, 2005

OPINION OF THE COURT John V. Centra, J. This lawsuit was commenced in 2002 and arises out of an alleged breach of a construction contract dated February 9, 2001. … (Solow v Grace & Co., 83 NY2d 303, 308 [1994].) The first issue that the court must determine, therefore, is whether defendants were former clients of Mr. Sheats.

Demmert v. Wissahickon School District

16 Pa. D. & C.3d 358 · Pennsylvania Court of Common Pleas, Montgomery County · Mar 31, 1980

BROWN, J., On January 2, 1980 this court issued an order enjoining temporarily the lump sum payment of $300 by the Wissahickon Board of School Directors to all employes. … The burden of showing a clear abuse of discretion by the board is a heavy one: Landerman v. Churchill Area School District, supra; Dochenetz v. Bentworth School District, 6 Pa. Commonwealth Ct. 173 (1972); Allen v.

Board of Education of Brookhaven-Comsewogue Union Free School District v. Port Jefferson Station Teachers Ass'n

88 Misc. 2d 27 · New York Supreme Court · Aug 10, 1976

In this State, it has been held that at least some subjects of a municipal labor agreement must be limited to "a reasonable period of time” (Matter of Burke v Bowen, 40 NY2d 264 ; see, also, Matter of Board of Educ. v Yonkers … The board’s plea that the district faces a financial crisis is a matter for the arbitrator rather than the court (see Matter of Board of Educ. v Yonkers Fed. of Teachers, 40 NY2d 268 , supra).

People of New York ex rel. Hudson & Manhattan Railroad v. State Board of Tax Commissioners

69 Misc. 1 · New York Supreme Court · Sep 15, 1910

State Board of Tax Comrs., 199 N. Y. 162 ; People ex rel. Lehigh Valley R. Co. v. State Board of Tax Comrs., 199 id. 167 . … Co. v. State Board of Tax Comrs., 114 N.

D & D Carting Co. v. City of New York

172 Misc. 2d 544 · New York Supreme Court · Apr 10, 1997

Decisions of administrative agencies are not to be disturbed absent a showing that the agency’s determination was arbitrary and capricious, or lacked a rational basis (Matter of Pell v Board of Educ., 34 NY2d 222 , 230-231 … Accordingly, it is ordered and adjudged that the petitions in Green Bay Sanitation Corp. v City of New York (101890/97), O’Brien Sanitation Corp. v City of New York (101891/97), and D&D Carting Co. v City of New York (101892

Kretschmann v. Board of Education of the Corning Painted Post School District

187 Misc. 2d 246 · New York Supreme Court · Jan 31, 2001

In the earlier action Kretschmann v Board of Educ. ( 184 Misc 2d 535 [Sup Ct, Steuben County 2000]), the plaintiff’s complaint against the defendant, Stetson-Dale, was dismissed *248 based on plaintiffs failure to comply … The third case cited in Rogan v Sear-Brown Group (supra) was Yonkers Contr. Co. v Port Auth. Trans-Hudson Corp. ( 93 NY2d 375 [1999]).

Law v. Leighty

1 Ohio C.C. (n.s.) 431 · Ohio Circuit Courts · Oct 15, 1903

(Commissioners of Mahoning County v. Railway Co., 45 O. S., 401). But' we are referred to Sections 845 and; 863, Revised Statutes, as specifically 'authorizing the bringing of this action. … Section 845, so far 'as it is material to the issues in this case, reads as follows: “The board of commissioners shall be capable of suing and being sued, pleading -and being impleaded, in any court of judicature, and of

Battista v. Power

29 Misc. 2d 711 · New York Supreme Court · Oct 6, 1961

With respect to the first relief there are two groups of parties who are necessary parties: the Board of Elections and the objectants. … Y. 681 ) and also recently in Matter of King v. Cohen ( 293 N. Y. 435 ).