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https://www.courtlistener.com/api/rest/v3/opinions/5901793/
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered October 16, 1985, convicting him of burglary in the third degree, upon a jury verdict, and imposing a sentence of six months’ imprisonment, running concurrently with and as a condition of, a term of five years’ probation...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901794/
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered October 25, 1984, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Cohen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901795/
Appeal by the defendant from a judgment of the County Court, Westchester County (Capeci, J.), rendered April 16, 2009, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v Califor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901797/
—Appeal by the defendant from a judgment of the County Court, Orange County (Colabella, J.), *730rendered November 3, 1983, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s contention that the court should have...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901798/
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered March 12, 1985, convicting her of kidnapping in the first degree, robbery in the first degree, burglary in the first degree, grand larceny in the first degree, and criminal use of a firearm in the first degree, after ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901799/
—Appeal by the defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered December 28, 1983, convicting him of burglary in the third degree, criminal mischief in the third degree (two counts), grand larceny in the third degree, and criminal possession of stolen property in the second degre...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129195/
Judgment reversed, and new trial ordered before another referee, costs to abide event. Opinion by Smith, P. J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822900/
Gordon, J., delivered the opinion of the court. *166This is the third of four companion cases decided today, styled Hammer v. Commonwealth. Hammer was charged in this case with entering a dwelling house on the night of April 22, 1964 with intent to commit rape. He pleaded not guilty and waived a jury upon advice of cou...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901800/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered April 11, 1986, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the People, as we must...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901801/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murphy, J.), rendered October 29, 2010, convicting him of vehicular assault in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The defendant contends that the court’s plea allocution was ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901802/
Hall, J., dissents, and votes to reverse the judgment, as a matter of discretion in the interest of justice, to vacate the plea of guilty, and to remit the matter to the Supreme Court, Kings County, for further proceedings on the indictment: I agree with the majority that the defendant’s contention challenging the cour...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901803/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered April 22, 1986, convicting him of rape in the first degree and sodomy in the first degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant argues, inter alia, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901805/
Hall, J., dissents, and votes to reverse the judgment, as a matter of discretion in the interest of justice, to vacate the plea of guilty, and to remit the matter to the Supreme Court, Kings County, for further proceedings on the indictment: I agree with the majority that the defendant’s contention challenging the cour...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129196/
Order reversed, without costs and without prejudice to any subsequent suit. Macomber, J., not sitting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129198/
Decision of the State board of audit affirmed, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129199/
Order affirmed, with ten dollars costs and disbursements, on opinion of Daniels, J., at Special Term.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822923/
MaRtin, Judge, concurring. Even though the merchandise at bar5 is a synthetic compound of tungsten, I believe that it should be classified under paragraph 302 (c) rather than 302(g). I arrive at this conclusion because of the common meaning of certain significant words and because of the distinction between the subject...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822926/
Bich, Judge, delivered the opinion of the court: This appeal is from the judgment of the United States Customs Court, First Division, C.D. 2187, sustaining the importer’s protest to the classification of certain spools for “Mitchell 300” spinning reels used by sport fishermen. The importations consisted of unit package...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822927/
Smith, Judge, delivered tbe opinion of tbe court: This is an appeal from tbe decision of tbe United States Customs Court, Second Division, (C.D. 2201) sustaining the importer’s protest and bolding that his personal exemption as a returning resident under paragraph 1798(c) of the Tariff Act of 1930 should have been appl...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901806/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Corriero, J.), rendered January 6, 1986, convicting him of robbery in the second degree, grand larceny in the third degree, and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence. Ordered tha...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901807/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered April 27, 1984, convicting him of robbery in the first degree, upon a jury verdict and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the People (see, People ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534494/
NOT RECOMMENDED FOR PUBLICATION File Name: 20a0272n.06 Case No. 19-1437 UNITED STATES COURT OF APPEALS FILED ...
01-03-2023
05-14-2020
https://www.courtlistener.com/api/rest/v3/opinions/5901808/
—Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Colabella, J.), rendered December 17, 1985, convicting him of arson in the second degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. .The defendant’s claim as to the adequacy of the plea allocu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901809/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lane, J.), rendered May 30, 1985, convicting him of criminal possession of a weapon in the third degree (two counts), after a nonjury trial, and imposing sentence. Ordered that the judgment is affirmed. Contrary to the defendant’s contention, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901810/
Appeal by the defendant from a judgment of Supreme Court, Queens County (Buchter, J.), rendered April 6, 2010, convicting him of attempted murder in the second degree, assault in the first degree, unlawful imprisonment in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129202/
Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129203/
Judgment affirmed on the opinion of the late Judge Gardner as referee. Dwight, J., not sitting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129204/
Judgment affirmed. Opinion by Barker, J.; Dwight, J., not sitting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129205/
Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901812/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered July 18, 1986, convicting him of murder in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Ord...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901813/
—Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered November 16, 1981, convicting him of rape in the first degree, sexual abuse in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, afte...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901814/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered February 23, 1984, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. By order of this court dated December 31, 1986, the matter was remitted to the Supreme Court, Kings C...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901816/
Appeal by the defendant from a judgment of the County Court, Westchester County (Colangelo, J.), rendered November 4, 2010, convicting him of criminal possession of stolen property in the fourth degree and unauthorized use of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence, including...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129206/
Reargument ordered.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129207/
Order affirmed, with ten dollars costs and disbursements., Opinion by Dwight, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129208/
Judgment reversed and new trial ordered before another referee, with costs to abide event. Opinion by Dwight, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129209/
Order reversed, with ten dollars costs' and disbursements. Opinion by Hardin, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076597/
No opinion. Application granted;
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076598/
No opinion. Judgment affirmed, with costs.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901817/
Appeal by the defendant from a judgment of the County Court, Westchester County (Colangelo, J.), rendered November 4, 2010, convicting him of criminal possession of stolen property in the fourth degree and unauthorized use of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence, including...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901818/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered January 4, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant argues that the People violated the rule set forth in Peo...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901819/
—Appeal by the People from an order of the County Court, Orange County (Byrne, J.), dated April 21, 1986, which granted that branch of the defendant’s omnibus motion which was to suppress a statement allegedly made by the defendant to law enforcement authorities. , Ordered that the order is reversed, on the law, the br...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901820/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Finnegan, J.), rendered December 17, 1985, convicting him of attempted murder in the second degree, robbery in the first degree, and assault in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901822/
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 29, 1993 (People v Nunez, 198 AD2d 527 [1993]), affirming a judgment of the Supreme Court, Kings County, rendered September 19, 1990. Or...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129210/
—Judgment reversed and a new trial ordered before another referee, with costs to abide event. Opinion by Hardin, J., Barker, J., not voting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129211/
Order affirmed, with costs. Opinion Per Curiam.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/1964948/
136 F. Supp. 345 (1955) UNITED STATES of America, Plaintiff, v. STANDARD OIL COMPANY (New Jersey) and Esso Export Corporation, Defendants. United States District Court S. D. New York. December 14, 1955. *346 *347 *348 John D. Roeder, Executive Assistant to the U. S. Atty., New York City, Richard B. O'Donnell, Dept. of ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/6822928/
Smith, Judge, delivered the opinion of the court: This appeal is from the decision of the United States Customs Court, First Division, C.D. 2207, overruling the importer’s protest and holding the merchandise, consisting of floor covering in the form of tiles, to have been properly classified by the collector under para...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822930/
Rich, Judge, delivered the opinion of the court: This is an appeal from the judgment of the United States Customs Court, Second Division, Appellate Term (A.R.D. 123), affirming the judgment of a single judge sitting in reappraisement. The imported merchandise is blue asbestos yam exported from England on or about Septe...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901825/
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered January 3, 1986, convicting him of arson in the first degree, attempted murder in the second degree, robbery in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901826/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered April 25, 1986, convicting him of murder in the second degree, attempted murder in the second degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence. Ord...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901827/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (O’Brien, J.), rendered September 3, 1986, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Contrary to the defendant’s contention, the prosecutor’s r...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901828/
Appeal by the defendant from a judgment of Supreme Court, Queens County (Buchter, J.), rendered January 27, 2010, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant’s omnibu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901829/
—Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Murray, J.), rendered May 12, 1983, convicting him of burglary in the second degree, petit larceny and criminal possession of stolen property in the third degree, under indictment No. 511/82 upon a jury verdict, and imposing sentence, and ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2626537/
204 P.3d 1096 (2009) FIDELITY NATIONAL TITLE COMPANY, INC., as Trustee, and not in its corporate capacity, under Trust Nos. 30, 199 and 60,104, Plaintiff/Appellant, v. TOWN OF MARANA, a municipal corporation, and Jocelyn Bronson, in her capacity of Town Clerk; Defendants/Appellees, Carolyn E. Nessinger, Intervenor/Appe...
01-03-2023
11-01-2013
https://www.courtlistener.com/api/rest/v3/opinions/5901830/
Appeal by the defendant from a judgment of Supreme Court, Queens County (Buchter, J.), rendered January 27, 2010, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant’s omnibu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904775/
We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). We...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822931/
Maetin, Judge, dissenting, with whom KiRkpateick, Judge, joins. I dissent from the majority opinion for the following reasons: In view of the stipulation, there is but one issue for us to resolve in this case: Is there adequate evidence to overcome the presumption of the correctness of the appraiser’s valuation? In ord...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901832/
—Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Mallon, J.), imposed December 1, 1983. Ordered that the appeal is dismissed as academic (see, People v Skaar, 97 AD2d 484). Mollen, P. J., Weinstein, Kooper and Harwood, JJ., concur.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901833/
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered May 8, 1985, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant argues that the trial court erred in allowing the introduction...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901836/
Casey, J. Appeal, by permission, from an order of the County Court of Albany County (Turner, Jr., J.), dated September 4, 1985, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of murder in the second degree, after a hearing. Defendant seeks to vacate the judgmen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901837/
In a proceeding, in effect, pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Neary, J.), entered December 21, 2012, which dismissed the proceeding. Ordered that the judgment is reversed, on the law, without costs or disbursements, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901838/
Casey, J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), ren*758dered June 13, 1985, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the seventh degree and reckless endangerment in the second degree. On September 18, 1984 defendant, although...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901840/
Mikoll, J. Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered June 15, 1983, upon a verdict convicting defendant of the crime of robbery in the third degree. On December 24, 1982, at approximately 10:00 a.m. on a street corner in the City of Albany, a male teen-ager came up from behind 78...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129212/
Motion for leave to appeal to the Court of Appeals denied.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129213/
Davis, P. J.: On the 19th of June, 1860, the late William B. Astor, being the owner of certain premises in the city of New York, executed to one George Hertfelder a lease thereof for the term of twenty years and two months, from the first day of March, 1860. The lessee thereafter erected a five story brick building on ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129214/
Davis, P. J.: This action was brought to recover damages for injuries resulting in death, received by plaintiff’s intestate while attempting to get on *6board a train of the appellant.. There is no controversy in the evidence as to the fact that the train was in motion when the deceased attempted to get on board. He, w...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129215/
Daniels, J.: The action was for the partition of real estate owned by Hanford Smith in his lifetime, and upon its final determination an additional allowance of costs to the extent of two thousand dollars was made and distributed between the parties to the action, including the compensation of the guardian ad litem. Th...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129216/
Brady, J. Tbe appellant was convicted of robbery in tbe first degree. Hpon tbe trial be was examined on bis own bebalf and denied positively tbe commission of the offense or any participation in it, and proved an alibi. Several witnesses called on bis bebalf also testified that, at tbe time of tbe commission of tbe rob...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6714092/
Petition by Attorney General for writ of supersedeas and motion for temporary stay denied 8 December 1997. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 8 December 1997.
01-03-2023
07-20-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901842/
Mikoll, J. Appeals (1) from an order of the Family Court of Montgomery County (Aison, J.), entered March 12, 1986, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 7, to adjudicate respondent a person in need of supervision, and (2) from an order of said court, entered March ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901843/
by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (McKay, J.), imposed January 18, 2011, on the ground that the sentence was excessive. Ordered that the sentence is affirmed. The defendant’s valid waiver of his right to appeal precludes review of his contention that the sent...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901845/
Harvey, J. Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered May 30, 1986, convicting defendant upon his plea of guilty of the crime of operating a motor vehicle while under the influence of alcohol, as a felony. On November 13, 1985, defendant was stopped by police while driving a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901847/
Harvey, J. Appeal from a judgment of the Supreme Court (Crew, III, J.), rendered August 7, 1986 in Chemung County, convicting defendant upon his plea of guilty of the crime of burglary in the first degree. On March 4, 1986, defendant and three other individuals broke into a house in the City of Elmira, Chemung County, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901848/
Mikoll, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [4]) to review a determination of *775respondent Commissioner of Education which revoked petitioner’s license to practice medicine in New York. Petitioner, a licensed doctor since 1971, was charged with 13 specif...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901850/
Stein, J. Appeal from an order of the Supreme Court (Tait, J.), entered June 22, 2011 in Broome County, which granted a motion by defendants BRRS Associates and Parkway Plaza, LLC to dismiss the complaint against them. Defendant BRRS Associates and defendant Parkway Plaza, LLC (hereinafter collectively referred to as d...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901851/
Stein, J. Appeal from an order of the Supreme Court (Tait, J.), entered June 22, 2011 in Broome County, which granted a motion by defendants BRRS Associates and Parkway Plaza, LLC to dismiss the complaint against them. Defendant BRRS Associates and defendant Parkway Plaza, LLC (hereinafter collectively referred to as d...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901852/
Yesawich, Jr., J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510 [5]) to review a determination of respondent Commissioner of Education which revoked petitioner’s license to practice podiatry in New York. Respondents determined that petitioner violated Education Law § 6...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901853/
Harvey, J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered April 9, 1987, convicting defendant upon his plea of guilty of two counts of the crime of robbery in the first degree. The sole issue on appeal is whether defendant’s sentence was excessive and should be reduced in the interest ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901854/
Levine, J. Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered July 25, 1986, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree. Defendant’s conviction stems from an incident involving his four-year-old stepson. Sexual abuse was first suspecte...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129217/
Davis. P. J. (dissenting): I cannot concur in the views expressed by my brothers. It is, I think, a very dangerous rule to hold that verdicts In criminal cases may be set aside and new trials ordered on the affidavit of the convicted defendant that, on a'new trial, he will be able to produce witnesses of his own good c...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129218/
Beady, J.: This is an action of slander, and appears to have been once tried and once partially tried. The complaint was once dismissed, and upon the subsequent investigation and before it was concluded, a juror was permitted to be withdrawn on account of the illness of the counsel for the plaintiff. Subsequently the p...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129219/
Brady, J.: The National Trust Company of the city of New York was a moneyed corporation, organized under chapter 460 of the Laws of 1867. On the 14th of December, 1877, an order was made, under the provisions of the Revised Statutes relating to the subject, upon the petition of certain stockholders of the corporation, ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903874/
— Order, Supreme Court, Bronx County (Jack Turret, J.), entered June 8, 1987, which, sua sponte, modified the judgment of divorce of said court entered September 8, 1986, to the extent of permitting appellant to purchase defendant-respondent’s share of the marital residence at present fair market value, unanimously rev...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901855/
Levine, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 29, 1986, which reduced claimant’s unemployment insurance benefits pursuant to Labor Law § 600 (7). Claimant worked for his employer for approximately 14 years until November 1985, when he elected to retire rather than be laid off....
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901856/
Harvey, J. Appeal from a judgment of the Supreme Court (Hanofee, J.), entered April 8, 1987 in Sullivan County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing. Petitioner was sentenced in July 1980 to concurrent prison terms of 20 years to life and 8 Vz to 25 years...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901857/
Casey, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to review a determination of the Commissioner of Education which revoked petitioner’s registration to practice as a physician’s assistant in New York. Petitioner, a registered physician’s assistant, was cha...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129221/
Beady, J.: After the assessment had been made in the first instance the relator applied to have the same stricken from the books, and in support thereof submitted to -the tax commissioners the following statement: Capital stock actually paid in, or secured to be paid in.. $400, 000 Amount paid for real estate owned in ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129222/
Opinion by Daniels, J.; Davis, P. J., and Brady, J., concurred. Order modified as directed, and affirmed as modified, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903875/
— Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 9, 1987, which, inter alia, granted defendants’ motions for summary judgment dismissing the complaint, unanimously modified, on the law, to deny said motions, and, except as thus modified, affirmed, without costs or disbursements. Trans Wor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6822933/
MaRtiN, Judge, delivered the opinion of the court: This appeal is from a judgment of the United States Customs Court, Third Division, Abstract 64376, sustaining two consolidated protests, 58/1955-9666 and 309871-K/8792, against decisions of the Collector of Customs at the Port of Chicago as to certain charges for carta...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901860/
Per Curiam. Respondent was admitted to practice by this Court in 1983. He maintained an office for the practice of law in Massachusetts, where he was admitted to practice in 1977. By decision dated March 4, 2010, respondent was suspended by this Court for a period of one year (Matter of Allen, 71 AD3d 1227 [2010]) base...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901861/
Mikoll, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 14, 1986, which ruled that claimant was entitled to receive benefits. Claimant was hired by Lee Publications, Inc., to deliver weekly newspapers to Lee’s subscribers. In a determination made on claimant’s original claim for benef...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901862/
Levine, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1987, which ruled that claimant was ineligible to receive benefits under Labor Law § 590 (11). Since 1979, claimant has worked for the employer herein, the New School for Social Research, as a temporary registration clerk. Cla...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901863/
Mahoney, P. J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for credit for military service and allowed only one-third service credit for the period Jun...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901864/
Casey, J. Appeal from an order and judgment of the Supreme Court (Ingraham, J.), entered May 1, 1987 in Delaware County, upon a decision of the court, without a jury, in favor of plaintiff William A. Schmitt. Plaintiffs commenced this action in 1977 to set aside conveyances of a 369-acre farm from Charles Tellerday and...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901865/
Mikoll, J. Appeal from a judgment of the Supreme Court (Hughes, J.), entered October 3, 1986 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, *794to review a determination of respondent Comptroller denying petitioner’s request for a redetermination of his retireme...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901866/
—Cross appeals from an order of the Supreme Court (Prior, Jr., J.), entered May 14, 1987 in Albany County, which, inter alia, in a combined action and proceeding pursuant to CPLR article 78, ordered the parties to negotiate regarding whether there was a discontinuation of a nonconforming use. The order appealed from is...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901867/
Mahoney, P. J., Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered January 14, 1987, upon a verdict convicting defendant of the crime of assault in the second degree. On June 22, 1986 at about 6:00 A.M., defendant, suspecting that his paramour, Kathleen Fitzgerald, was entertaining another...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901868/
Per Curiam. Cross appeals from an order of the Supreme Court (Tomlinson, J), entered December 19, 2012 in Montgomery County, which, among other things, partially granted petitioners’ applications, in two proceedings pursuant to Election Law article 16, to, among other things, direct that certain ballots be cast and can...
01-03-2023
01-13-2022