Case law

People v. Brown

78 A.D.3d 856 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2010

v Murrell, 73 AD3d 598 [2010], lv granted 15 NY3d 854 [2010]; People v Becker, 72 AD3d 1290 [2010]; People v Parisi, 72 AD3d 989 [2010], lv granted 15 NY3d 776 [2010]; People v Prendergast, 71 AD3d 1055 [2010], lv granted … 15 NY3d 855 [2010]; People v Tillman, 74 AD3d 1251 [2010]; People v Mendez, 73 AD3d 951 [2010]; People v Murrell, 73 AD3d 598 [2010]; People v Becker, 72 AD3d 1290 [2010]; People v Scalercio, 71 AD3d 1060 [2010]).

Brown v. Annucci

60 A.D.3d 1223 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2009

Contending, among other things, that DOCS miscalculated the aggregate maximum term associated with his 1993 and 1997 convictions and that the Board of Parole incorrectly established the date of his delinquency, petitioner … [2008]). *1225 We similarly find no error in the Board of Parole’s designation of August 19, 1996 as petitioner’s date of delinquency.

Higuchi v. Brown

204 A.D.2d 452 · Appellate Division of the Supreme Court of the State of New York · May 9, 1994

However, there is sufficient evidence in the record to support the Family Court’s determination that such visitation would not be in the children’s best interest (see, Matter of Emanuel S. v Joseph E., 78 NY2d 178 ; Lo Presti … v Lo Presti, 40 NY2d 522 ).

Brown v. Niess

15 Abb. Pr. 344 · New York Court of Common Pleas · Jan 15, 1874

That disposition of the question settles the practice in this court, which would seem'to be that suggested in the superior court in 1862 (Oates v. Groupe, 15 Abb. Pr., 263 ).

Green v. Brown

276 F. Supp. 753 · District Court, S.D. New York · Jul 7, 1967

See, e. g., Boyce v. Chemical Plastics, Inc., 175 F.2d 839 (8th Cir. 1949), cert. denied, 338 U.S. 828 , 70 S.Ct. 77 , 94 L.Ed. 503 (1949); Stephens Fuel Co. v. Bay Parkway Nat. … E. g., Gottesman v. General Motors Corp., 268 F.2d 194 (2d Cir. 1959); Toebelman v. Missouri-Kansas Pipe Line Co., 130 F.2d 1016 (3rd Cir. 1942); Continental Securities Co. v.

People v. Brown

286 A.D.2d 340 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 2001

Jackson, 78 NY2d 900, 901 ; People v Vacante, 215 AD2d 414, 415 ; People v Laguer, 195 AD2d 483, 485 ). … , 244 AD2d 582 ; People v Sierra, 222 AD2d 216 ; People v Perez, 209 AD2d 643 ; People v Cole, 196 AD 2d 634 ).

Brown v. Murphy

275 A.D.2d 931 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2000

The penalty of dismissal, however, is so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 234-235). … Thus, in the exercise of our discretion, we modify the determination, grant in part the petition, and reduce the penalty accordingly (see, Matter of Mitthauer v Patterson, 8 NY2d 37, 42 ; Matter of Suitor v Keller, supra)

Brown v. State

975 F. Supp. 2d 209 · District Court, N.D. New York · Sep 30, 2013

Plaintiff Barbara Brown is the Chairperson of CALA. See Dkt. No. 1 at ¶¶ 11-12. … Rather, their health benefits were provided pursuant to a series of resolutions adopted by their employer-school board.

People v. Brown

3 A.D.3d 593 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 2004

CPL 440.10 [2] [c]; People v Hemingway, 306 AD2d 689 [2003]; People v Magee, 263 AD2d 763, 766 [1999]). … Consequently, the judgment and order should be affirmed and counsel’s application to be relieved of the assignment should be granted (see People v Stokes, 95 NY2d 633 [2001]; People v Cruwys, 113 AD2d 979 [1985], lv denied

People v. Brown

249 A.D.2d 320 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1998

(see, People v Ferrara, 220 AD2d 612 ; People v Rivera, 142 AD2d 614 ). … right to a fair trial (see, People v Cooper, 173 AD2d 551 ).

People v. Brown

160 A.D.2d 256 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

The period following his arrest on unrelated charges was excluded as he was unidentified due to his use of an alias upon his previous arrest (People v Rivera, 106 AD2d 278 ). … Nor did the court abuse its discretion in sentencing defendant (People v Farrar, 52 NY2d 302, 305-306 ).

People v. Brown

144 A.D.2d 373 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1988

was admissible (see, CPL 60.25; People v Nival, 33 NY2d 391 , appeal dismissed and cert denied 417 US 903 ; People v Jamerson, 117 AD2d 754 , affd 68 NY2d 984 ). … P., Brown, Sullivan and Harwood, JJ., concur.

Brown v. Carpenter

182 A.D. 650 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1918

Brown,” signed A. G. Plant & Co. Mr. … It was brought out on the examination'of one of the defendants before trial that the defendants claim to have sold the bonds purchased by Plant the next day after they were bought and that they treated this sale of Brown

People v. Brown

222 A.D.2d 445 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1995

Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ). … The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.

Marszalek v. Brown

247 A.D.2d 827 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998

Brown and owned by defendant. Defendant failed to present evidence establishing as a matter of law that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). … Elliott, 57 NY2d 230, 236 ; see, Tankersley v Szesnat, 235 AD2d 1010, 1013 ; Gleissner v LoPresti, 135 AD2d 494, 495 ; cf., Shames v Murtha, 204 AD2d 841 ).

Brown v. Suggs

39 A.D.3d 395 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2007

action were previously dismissed in an order entered on defendant’s default, that order has preclusive effect since defendant deliberately refused to participate in the proceedings leading to the default dismissal (see Brown … v Suggs, 38 AD3d 329 [2007]; see also Matter of Abady, 22 AD3d 71, 84 [2005]).

People v. Brown

115 A.D.2d 550 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1985

Accordingly, defendant’s conviction on that count of sexual abuse must be vacated, and that count of the indictment dismissed (see, People v Jamison, 62 AD2d 1042 , affd 47 NY2d 882 ). … P., Thompson, Bracken and Brown, JJ., concur.

People v. Brown

109 A.D.2d 1091 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1985

Because defendant neither requested that charge nor took exception to the court’s failure to so charge, the question has not been preserved for our review (see, People v Karabinas, 63 NY2d 871 ; People v Johnson, 61 NY2d … 656 ; People v *1092 Creech, 60 NY2d 895 ).

People v. Brown

41 A.D.3d 261 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2007

at 176 , quoting People v Noble, 86 NY2d 814, 815 [1995]; see also People v Patterson, 38 AD3d 431, 432 [2007]). … People v Payne, 3 NY3d 266 [2004]; People v Feingold, 7 NY3d 288 [2006]) is misplaced.

People v. Brown

298 A.D.2d 176 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2002

Accordingly, defendant’s contentions are unpreserved (People v George, supra), and we decline to review them in the interest of justice. … The court’s justification charge conveyed the proper legal principles (see People v Pons, 68 NY2d 264 ; People v Goetz, 68 NY2d 96 ).