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https://www.courtlistener.com/api/rest/v3/opinions/5903512/
An appeal hav*523ing been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), rendered on or about August 12, 2010, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sent...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903513/
Harvey, J. Appeal from an order of the Supreme Court (Williams, J.), entered June 4, 1987 in Sullivan County, which partially granted a motion by defendant Interstate Security Service North for summary judgment dismissing the complaint against it. Defendant Robert Turner was employed as a security guard by defendant In...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903516/
Weiss, J. Appeal from an order of the Supreme Court (Prior, Jr., J.), entered June 26, 1987 in Albany County, which, inter alia, denied plaintiffs’ motion for leave to serve an amended complaint and granted defendants’ cross motions for summary judgment dismissing the complaint. On March 7, 1982, plaintiffs executed a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903540/
*525Orders, Family Court, New York County (Douglas E. Hoffman, J.), entered on or about February 3, 2012, which, insofar as appealed from, upon a finding of mental illness, terminated respondent mother’s parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903541/
Harvey, J. Appeal from a judgment of the Supreme Court (Williams, J.), entered February 10, 1987 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of the State Tax Commission denying petitioners’ request for refunds of additional New York ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903518/
Mahoney, P. J. Appeal from a judgment of the Supreme Court (Duskas, J.), entered December 19, 1986 in St. Lawrence County, which, inter alia, granted plaintiff’s motion for summary judgment. Defendant’s husband borrowed approximately $17,000 from plaintiff for the purchase of an automobile in August 1984. A note eviden...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903519/
Mercure, J.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903520/
Appeal from a decree of the Surrogate’s Court of Otsego County (Kepner, Jr., S.), entered July 3, 1987, which, inter alia, determined that petitioner was entitled to a one-half remainder interest in a trust created in decedent’s last will and testament. *800Abraham L. Kellogg (hereinafter decedent) died in 1946 leaving...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2011438/
653 A.2d 398 (1995) In re S.C.M., Appellant. No. 94-FS-960. District of Columbia Court of Appeals. Argued December 19, 1994. Decided February 2, 1995. *399 Karen D. Alvarez, for S.C.M. Alphonso J. Gonzalez, for D.M. William G. Dansie, for M.J. and C.J. *400 David R. Lisansky, for A.H. Sonia A. Bacchus, Asst. Corp. Coun...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5903521/
Order of the Appellate Term of the Supreme Court, First Department, entered on or about August 31, 2011, which affirmed an order of the Civil Court, New York County (Manuel J. Mendez, J.), entered on or about September 23, 2010, denying petitioner landlord’s motion for leave to renew and/or reargue an order of the same...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903522/
PerCuriam. Respondent was admitted to the Bar by this court in 1954. He maintained an office for the practice of law in the Town of Van Etten, Chemung County, until May 15, 1985, when he was suspended from practice by this court for six months following a determination that he was guilty of numerous violations of the C...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2678284/
Case: 13-40426 Document: 00512661577 Page: 1 Date Filed: 06/12/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
06-13-2014
https://www.courtlistener.com/api/rest/v3/opinions/5903523/
Casey, J. Appeal from a judgment of the County Court of Albany County (Harris, J.), *806rendered November 21, 1986, which revoked defendant’s probation and imposed a sentence of imprisonment. Defendant was previously sentenced on September 29, 1982 to 60 days in the Albany County Jail and five years’ probation upon his...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903542/
Yesawich, Jr., J. (1) Cross appeals from an order of the Surrogate’s Court *828of Columbia County (Leaman, S.), entered December 8, 1986, which, inter alia, assessed a surcharge against petitioner’s commissions as administrator, (2) appeal from an order of said court, entered February 26, 1987, which, inter alia, furth...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903543/
Harvey, J. Appeal from that part of an order of the Supreme Court (Bryant, J.), entered January 15, 1987 in Tompkins County, which reduced defendant’s maintenance obligation to $40 per week. Plaintiff and defendant were married in 1946. Thirty years later, in 1976, defendant left plaintiff and commenced living with ano...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1769540/
523 S.W.2d 874 (1975) Junetta ALLEN, Respondent, v. DOROTHY'S LAUNDRY AND DRY CLEANING COMPANY, Employer, and Miller's Mutual Insurance Agency of Illinois, Insurer, Appellants. No. KCD 27279. Missouri Court of Appeals, Kansas City District. May 5, 1975. Motion for Rehearing and/or Transfer Denied June 2, 1975. Applicat...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5907537/
Defendant’s motion to amend this court’s order entered on June 23, 1988 (138 AD2d 169) granted, on consent, insofar as to amend the decretal paragraph of said order, and the final full paragraph of the opinion of this court filed herein, to delete the balance of the sentence of such paragraphs of the order and opinion,...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826259/
ORDER MOODY R. TIDWELL, III, Judge: This pro se tax refund case came before the court on parties' cross-motions for summary judgment. Plaintiff sought, amongst other relief, a refund of $1,349.44, the amount collected by the Internal Revenue Service in satisfaction of plaintiff’s income tax liability for the 1984 tax y...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903525/
Harvey, J. Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered August 28, 1986, upon a verdict convicting defendant of the crime of burglary in the third degree. This case involved two Cornell University security patrolmen and a safe located in that university’s athletic business offic...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903526/
Harvey, J. Appeal from a judgment of the Supreme Court (Swartwood, J.), entered March 30, 1987 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. Defendant was convicted, following a jury trial, of the crimes of rape in t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903528/
Levine, J. Appeal from a judgment of the Supreme Court (Berke, J.), entered June 19, 1987 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies. In January 1987, petitioner, an inmate at Washington Cor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903529/
Yesawich, Jr., J. Appeal (1) from a judgment of the Supreme Court (McDermott, J.), entered December 2, 1986 in Albany County, upon a verdict rendered in favor of plaintiffs, and (2) from an order of said court, entered July 31, 1987 in Albany County, which denied defendant’s motion to set aside the verdict. Plaintiff E...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2428173/
434 F. Supp. 2d 133 (2006) Gershon JACOBSON, on behalf himself and other similarly situated, Plaintiff, v. HEALTHCARE FINANCIAL SERVICES, INC., Defendant. No. 04-CV-3268 (ILG). United States District Court, E.D. New York. June 6, 2006. *134 Lawrence Katz, Katz & Kleinman, for the Plaintiff. David J. Gold, Esq., for the...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1971272/
110 B.R. 168 (1990) In re AMATEX CORPORATION, Debtor. Bankruptcy No. 82-05220S. United States Bankruptcy Court, E.D. Pennsylvania. January 29, 1990. Cheryl A. Ingram, Philadelphia, Pa., for debtor. William J. Weiss, Philadelphia, Pa., for Asbestos Corp. Ltd. and Bell Asbestos Mines Ltd. Pace Reich, Philadelphia, Pa., f...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/6495549/
06/27/2022 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 24, 2022 GINA G. GIANOPULOS CRUZ, ET AL v. WILHOIT PROPERTIES, ET AL Appeal from the Circuit Court for Coffee Co...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495514/
Filed 6/27/22 P. v. McNamara CA1/1 Reposting correct version NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). Thi...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903530/
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about March 28, 2012, which, insofar as appealed from, denied plaintiff Philip Wollruch’s (plaintiff) motion for summary judgment and granted defendant Robert Jaekel’s cross motion for summary judgment dismissing the complaint as against him, una...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903531/
Yesawich, Jr., 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 which excluded certain payments in calculating petitioner’s final average salary upon retirement. On January 22/ 1985, after 20 years of mu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903533/
Casey, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 27, 1987. Claimant contends that the appeal by the Commissioner of Labor to the Unemployment Insurance Appeal Board, following the decision of the Administrative Law Judge in claimant’s favor, was untimely. The record, however, con...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/197599/
United States Court of Appeals United States Court of Appeals For the First Circuit For the First Circuit No. 97-1340 NASCO, INC., Plaintiff, Ap...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/4157264/
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT DAWN HAHN, : No. 703 MAL 2016 : Petitioner : : Petition for Allowance of Appeal from ...
01-03-2023
03-31-2017
https://www.courtlistener.com/api/rest/v3/opinions/5903534/
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about March 28, 2012, which, insofar as appealed from, denied plaintiff Philip Wollruch’s (plaintiff) motion for summary judgment and granted defendant Robert Jaekel’s cross motion for summary judgment dismissing the complaint as against him, una...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903535/
Kane, J. P. Appeal from a judgment of the Supreme Court (Plumadore, J.), entered April 30, 1987 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. Petitioner was released on parole to the Syracuse area parole office on Ju...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903536/
Yesawich, Jr., J. Appeal from that part of an order of the Supreme Court (Brown, J.), entered February 9, 1987 in Saratoga County, which denied a motion by defendants International Harvester Company and Carswell Truck Center, Inc., for summary judgment dismissing the complaint and cross claims against them. Plaintiff R...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903538/
Weiss, J. Appeal from an order of the Supreme Court (Harlem, J.), entered March 9, 1987 in Broome County, which denied defendant’s motion for summary judgment dismissing the complaint. In June 1982, George K. Sarkisian, defendant’s president, hired plaintiff to take over, manage, lease, develop and generally supervise ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903539/
Casey, J. Petitioner, an inmate at Great Meadow Correctional Facility, was charged with assaulting a fellow inmate, possession of a weapon and refusing to obey a direct order. The charges were based upon a misbehavior report filed by the facility’s cook, who did not see either the assault or the weapon. According to th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903594/
Mahoney, P. J., and Kane, J., dissent and vote to reverse in a memorandum by Kane, J. Kane, J. (dissenting). In our view, the judgment appealed from should be reversed and a new trial granted. There is ample evidence in this record for a jury to find negligence on the part of Stewart-Scott which was a proximate cause o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903595/
Mahoney, P. J. Appeal from a judgment of the Supreme Court (Brown, J.), entered April 21, 1987 in Saratoga County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent granting the intervenor’s application for a use and area variance. Harry Peartree...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907538/
Judgment, Supreme Court, New York County (Luis Ñeco, J.), rendered on November 22, 1985, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel is granted. (See, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned co...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903544/
*525Orders, Family Court, New York County (Douglas E. Hoffman, J.), entered on or about February 3, 2012, which, insofar as appealed from, upon a finding of mental illness, terminated respondent mother’s parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1159760/
37 Wn. App. 881 (1984) 683 P.2d 1131 In the Matter of the Marriage of JOAN BEPPLE, Respondent, and GENE BEPPLE, Appellant. No. 5381-4-III. The Court of Appeals of Washington, Division Three. June 21, 1984. Philip A. Lamb, Terry A. Brooks, and Brooks & Larson, for appellant. Wiley G. Hurst and Elofson, Vincent, Hurst, C...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5903547/
Weiss, J. Appeal from an order of the Family Court of Chemung County (Frawley, J.), entered January 15, 1987, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to extend the placement of respondent’s son with petitioner for a period of 12 months. Respondent’s son, now age ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903548/
Casey, J. Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered March 2, 1987, upon a verdict convicting defendant of the crimes of burglary in the first degree and attempted robbery in the second degree. A police officer, who was responding to a radio transmission concerning a man pee...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903549/
Kane, J. Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered January 23, 1987, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree. Defendant was arrested on November 20, 1986 and charged with a violation of P...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903641/
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The record unequivocally indicates that the charge of criminal possession of stolen property in the third degree was dismissed by the court during the plea colloquy. Since the amended certificate of convictio...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823558/
Method and apparatus of distillation.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903550/
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J), entered December 6, 2011, which, in this personal injury action arising from a slip and fall, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff fell on a backstage staircase that she ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903551/
Levine, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to review a determination of respondent which suspended petitioner’s license to practice medicine in New York. Petitioner is a physician licensed to practice medicine in New York and New Jersey. It is undi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903552/
Kane, J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered August 7, 1987, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree. On October 12, 1986, Detective Michael Andrews of the Ulster County Sheriffs Departme...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903553/
Mahoney, P. J. Appeal from a judgment of the Supreme Court (Lee, Jr., J.), entered January 5, 1987 in Madison County, which granted petitioner’s application in a proceeding pursuant to CPLR article 78, to compel respondents to award petitioner full disability benefits pursuant to General Municipal Law § 207-a. On April...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903554/
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J), entered December 6, 2011, which, in this personal injury action arising from a slip and fall, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff fell on a backstage staircase that she ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903556/
Kane, J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Warren County) to review a determination of respondent which, inter alia, found petitioner guilty of disciplinary charges under Education Law § 3020-a. On or about September 9, 1985, petitioner, an eleme...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903558/
Mercure, J. Appeal from an order of the Supreme Court (Ford, J.), entered June 30, 1987 in Albany County, which granted plaintiff’s motion for a default judgment. This is an action for judgment declaring that plaintiff possesses an easement over defendants’ realty and awarding damages allegedly resulting from defendant...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903559/
Per Curiam. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to vacate a judgment of respondent Paul E. Cheeseman which validated the designating petition of various respondents for the party positions of delegate and alternate delegate from the 21st Congressional District t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903561/
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 15, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. “A defendant who moves for summary judgment in a slip- and-fall action has the initial burden of making a prima facie...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903562/
Harvey, J. Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered May 17, 1985, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the second degree. In October 1983, defendant and Robert Scott were indicted for criminal possession of stolen propert...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903563/
Harvey, J. Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered December 5, 1985, convicting defendant upon his plea of guilty of the crime of burglary in the third degree. In September 1985, defendant was arrested by the Town of Fallsburg Police Department in Sullivan County and charge...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903564/
Weiss, J. P. Appeal from a judgment of the Supreme Court (Ellison, J.), rendered June 6, 1986 in Tompkins County, upon a verdict convicting defendant of the crimes of sodomy in the first degree (two counts), rape in the first degree (three counts) and attempted rape in the first degree. Between 8:20 p.m. and 8:30 p.m. ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903565/
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 15, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. “A defendant who moves for summary judgment in a slip- and-fall action has the initial burden of making a prima facie...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903566/
Levine, J. Appeal from a judgment of the Supreme Court (Doran, J.), entered July 17, 1986 in Albany County, upon a verdict rendered in favor of defendants. Defendant Peter B. Weber (hereinafter Weber) is president and sole shareholder of defendant Rushmore & Weber, Inc. (hereinafter Rushmore & Weber), a small, closely ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903567/
Mercure, J. Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered November 21, 1986, convicting defendant upon his plea of guilty of two counts of the crime of promoting prostitution in the third degree. On May 29, 1985, Parole Officer James Contino observed defendant, one of the par...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/108697/
409 U.S. 1095 93 S. Ct. 904 34 L. Ed. 2d 679 Betty WELLSv.Edwin EDWARDS et al. No. 72-621. Supreme Court of the United States January 8, 1973 The judgment is affirmed. Mr. Justice WHITE, with whom Mr. Justice DOUGLAS and Mr. Justice MARSHALL join, dissenting. The Louisiana constitutional provisions, which this Court t...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/5903569/
Levine and Mercure, JJ., dissent and vote to reverse in a memorandum by Mercure, J. Mercure, J. (dissenting). We respectfully dissent. In our view, claimant’s rather uncertain testimony that she received the decision on or about August 22, 1986 and the date stamp of "AUG 14 1986” on the ALJ decision were, viewing the r...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903572/
Mahoney, P. J., dissents and votes to reverse in a memorandum. Mahoney, P. J. (dissenting). Since it is my view that the evidence offered by the People was insufficient as a matter of law to support a conviction of reckless endangerment in the first degree, I would reverse the conviction and dismiss the indictment. In ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903573/
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered June 11, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, the motion denied to the extent it sought dismissal of plaintiff’s claim that she suffered “permanent consequential” and “sign...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2962769/
USCA1 Opinion United States Court of Appeals United States Court of Appeals For the First Circuit For the First Circuit ____________________ No. 94-1060 ...
01-03-2023
09-21-2015
https://www.courtlistener.com/api/rest/v3/opinions/5903574/
Kane, J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule. Petitioner was an inmate at Green Haven Corre...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903576/
Harvey, J. Appeal from an order of the Supreme Court (Walsh, Jr., J.), entered August 27, 1987 in Fulton County, which granted defendant’s motion to dismiss the complaint on the ground that plaintiff had previously released all claims against defendant. The underlying facts are set forth in this court’s prior decision ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903577/
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered June 11, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, the motion denied to the extent it sought dismissal of plaintiff’s claim that she suffered “permanent consequential” and “sign...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903578/
Weiss, J. Appeal from an order of the Supreme Court (Klein, J.), entered January 21, 1987 in Ulster County, which, inter alia, denied defendant Hartford Fire Insurance Company’s motion for summary judgment. In May 1980, plaintiffs purchased a one-year homeowner’s insurance policy from defendant Hartford Fire Insurance ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903580/
Yesawich, Jr., J. Appeal from an order of the Supreme Court (Klein, J.), entered June 8, 1987 in Ulster County, which denied defendant Edward Cooper’s motion for summary judgment dismissing the complaint against him. Plaintiff and defendant Edward Cooper were drinking with a group of cousins in a pub, operated by defen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903581/
Harvey, J. Appeal from that part of an order of the Supreme Court (Walsh, Jr., J.), entered August 17, 1987 in Schenectady County, which granted petitioner’s application to sever two grievances contained in a demand for arbitration. Respondent is the bargaining agent and representative for police officers employed by p...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903583/
*529Order, Supreme Court, New York County (Carol R. Edmead, J.), entered November 14, 2011, which, insofar as appealed from as limited by the briefs, granted the motion of defendants the Andy Warhol Foundation for the Visual Arts, Inc. and the Andy Warhol Authentication Board, Inc. to dismiss the complaint as against t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903584/
Per Curiam. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506 [b] [1]) to prohibit respondent Donald J. Shanley from pursuing an appeal from an order in a related criminal action. In October 1987, an indictment was handed up naming petitioners in this proceeding as defendants in a cri...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903585/
— Per Curiam. The petition in this attorney disciplinary proceeding charges respondent with several acts of professional misconduct including, inter alia, conflict of interest, failure to maintain an escrow account, neglect and deception. Following a hearing, the Referee sustained most of the charges, although portions...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903586/
Mercure, J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered February 13, 1985, upon a verdict convicting defendant of the crimes of rape in the first degree (three counts), sodomy in the first degree, sexual abuse in the first degree (two counts) and attempted rape in the first degree. ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903589/
Casey, J. Appeal from a judgment of the County Court of Saratoga County (Williams, J.), rendered November 4, 1985, upon a verdict convicting defendant of the crimes of sodomy in the first degree (26 counts) and sexual abuse in the first degree. The crimes of which defendant was convicted involved his adolescent daughte...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903591/
Yesawich, Jr., J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules. On March 12, 1986, from a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903592/
Judgment, Supreme Court, Bronx County (Julia Rodriguez, J.), entered August 16, 2011, upon a jury verdict, in plaintiffs’ favor, unanimously affirmed, without costs. Order, same court and Justice, entered January 10, 2012, which denied defendants’ motion to set aside the verdict or order a new trial, unanimously dismis...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4557998/
IN THE COURT OF APPEALS SECOND APPELLATE DISTRICT OF TEXAS AT FORT WORTH ___________________________ No. 02-20-00067-CV ___________________________ NORTHWEST INDEPENDENT SCHOOL DISTRICT, A...
01-03-2023
08-24-2020
https://www.courtlistener.com/api/rest/v3/opinions/5903593/
Levine, J. Appeal from a judgment of the Supreme Court (Vogt, J.), in favor of defendants Stewart-Scott Associates, Inc., and Louis Benson, entered March 18, 1987 in Ulster County, upon a dismissal of the complaint against them at the close of the evidence. In September 1983, defendant Stewart-Scott Associates, Inc. (h...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903599/
Levine, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 11, 1986, which ruled that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct. Claimant was discharged from his employment for refusing to sign a report prepared by his sup...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903601/
Casey, J. Appeal from a judgment of the Supreme Court (Williams, J.), entered January 15, 1987 in Ulster County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to enjoin respondents from preventing petitioner Eartha Campain from attending school without a certificate of immunizatio...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903602/
Levine, J. Appeals (1) from a judgment of the Supreme Court (Connor, J.), entered January 2, 1987 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78 to, inter alia, vacate a warrant docketed against petitioner, and (2) from an order of said court, entered May 8, 1987...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903603/
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 5, 2011, which, in this dental malpractice action, to the extent appealed from as limited by the briefs, denied plaintiffs motion to amend the complaint to add a cause of action for lack of informed consent, granted the dentist defe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903604/
Yesawich, Jr., J. Appeal from an order of the Surrogate’s Court of Franklin County (Plumadore, S.), entered May 21, 1987, which, iater alia, denied petitioner’s motion to prevent the submission and signing of a proposed order denying substituted service of citation with respect to the probate of an instrument claimed t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903605/
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was indicted for murder in the second degree as a result of the fatal shooting of Daniel Saj. During the course of the jury charge the court stated: "What you are here for is because the *921People of the State of New York say, 'We ch...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903606/
— Order unanimously affirmed without costs for reasons stated at Supreme Court, Houston, J. (Appeal from order of Supreme Court, Monroe County, Houston, J. — Public Health Law § 3388.) Present — Dillon, P. J., Doerr, Boomer, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903607/
Judgment unanimously affirmed with costs. Memorandum: Plaintiff, an attorney, commenced this interpleader action seeking a determination by the court of the conflicting claims of defendants United States, the State of New York, and Surfside Pizzeria, Inc., to moneys he held in escrow as a result of a transfer in bulk f...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903608/
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 5, 2011, which, in this dental malpractice action, to the extent appealed from as limited by the briefs, denied plaintiffs motion to amend the complaint to add a cause of action for lack of informed consent, granted the dentist defe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823559/
Trademark for pasteurized blend of water, hydrogenated vegetable oil, etc.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903609/
— Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Cayuga County, for further proceedings, in accordance with the following memorandum: We agree with Special Term’s determination to the extent that it granted plaintiffs’ motion to dismiss defendants’ aff...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903610/
Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Claimant seeks compensation for the value of gas and oil storage rights and natural gas reserves on his land which were acquired on October 27, 1982 by National Fuel Gas ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903611/
Judgment unanimously reversed on the law, defendant’s motion granted, and new trial granted, in accordance with the following memorandum: Defendant, a 15-year-old boy, was convicted, following a jury trial, of murder in the second degree (Penal Law § 125.25 [2]; *926under circumstances evincing a depraved indifference ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903612/
Judgment unanimously affirmed. Memorandum: Contrary to defendant’s claim, he was not deprived of the effective assistance of counsel by the alleged failure of the trial court to inquire into the nature and seriousness of defendant’s conflict with his assigned counsel. When informed that defendant was dissatisfied with ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903613/
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered December 22, 2009, as amended January 19, 2010, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed. The court’s Sandoval ruling balanced the appropriate facto...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903614/
Order unanimously affirmed for reasons stated at Supreme Court, Cornelius, J. (Appeal from order of Supreme Court, Monroe County, Cornelius, J. — CPL 330.30 [2].) Present — Callahan, J. P., Denman, Green and Pine, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/571729/
948 F.2d 1282 NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.Anthony J. RANKINE, Ayj-oyu-zjb, and in the name ...
01-03-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5907539/
Judgment, Supreme Court, New York County (Arthur Blyn, J.), entered on July 29, 1987, unanimously affirmed for the reasons stated by Arthur Blyn, J., without costs and without disbursements. Concur — Ross, J. P., Carro, Asch, Kassal and Smith, JJ. [See, 136 Misc 2d 892.]
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903615/
Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree for pistol-whipping the complainant, Jamie Ramos. The incident arose from a racial dispute between defendant, a black man...
01-03-2023
01-13-2022