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https://www.courtlistener.com/api/rest/v3/opinions/5903704/ | Determination of respondent, dated April 13, 2011, which denied petitioner’s remaining family member grievance, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Alice Schlesinger, J.], entered Ja... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/195047/ | 9 F.3d 214
87 Ed. Law Rep. 349
David LALLEMAND, Plaintiff, Appellant,v.UNIVERSITY OF RHODE ISLAND, et al., Defendants, Appellees.
No. 92-2481.
United States Court of Appeals,First Circuit.
Heard Aug. 6, 1993.Decided Nov. 22, 1993.
Vincent A. Indeglia with whom Indeglia & McGovern was on brief, for appellant.
Thomas M.... | 01-03-2023 | 02-07-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5903706/ | Appeal unanimously dismissed. Memorandum: In a criminal action, an appeal from a judgment of a Town Court is taken to the County Court (CPL 450.60 [3]). Any further appeal may be taken to the Court of Appeals, not the Appellate Division (CPL 450.90). This appeal is from an order of County Court affirming a judgment of ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5904511/ | OPINION OF THE COURT
Per Curiam.
The petitioner commenced this proceeding pursuant to CPLR article 78 against the Commissioner of the Nassau County Department of Social Services (hereinafter the local agency) and the Commissioner of the New York State Department of Social Services (hereinafter the State agency) to disc... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823568/ | Almond, Judge,
delivered the opinion of the court:
This is an appeal from the decision and judgment of the United States Customs Court, Third Division,1 sustaining the collector’s classification of a male thoroughbred horse, imported into this country for breeding purposes, under paragraph 714 of the Tariff Act of 1930... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903710/ | Adjudication unanimously modified on the law by vacating the mandatory surcharge imposed and as modified adjudication affirmed (see, People v Floyd J., 61 NY2d 895; Penal Law § 60.35 [1]; CPL 720.35 [1]). (Appeal from adjudication of Steuben County Court, Finnerty, J. — youthful offender.) Present — Doerr, J. P., Boome... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903711/ | Judgment unanimously reversed on the law and information dismissed. Memorandum: A defendant may not waive indictment by a Grand Jury and consent to be prosecuted by a superior court information unless a local criminal court has held the defendant for the action of a Grand Jury (NY Const, art I, § 6; CPL 195.10). Here C... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/1363031/ | 470 F. Supp. 87 (1979)
Luis Oscar BELTRE, on behalf of himself and all persons similarly situated, Plaintiff,
v.
Maurice KILEY, Griffin B. Bell, Leonel J. Castillo, Cyrus Vance, Defendants.
No. 78 Civ. 2584 (RWS).
United States District Court, S. D. New York.
April 9, 1979.
*88 Lloyd Constantine, Brooklyn Legal Service... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5903712/ | Determination unanimously modified on the law and as modified, confirmed, in accordance with the following memorandum: Petitioner, an inmate at Attica Correctional Facility, was charged with violating disciplinary rules 113.00, 113.11 and 113.15. Respondent concedes that rule 113.00 (7 NYCRR 270.1 [b] [14] [i]) does no... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903713/ | Judgment unanimously affirmed (see, Matter of Coleman v Kelly, 130 AD2d 976, Iv granted 70 NY2d 733). (Appeal from judgment of Supreme Court, Oneida County, Grow, J. — art 78.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903714/ | Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Supreme Court, Monroe County, Mark, J. — robbery, first degree.) Present— Denman, J. P., Boomer, Green, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903715/ | Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which granted defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant established his ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903716/ | Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Orleans County Court, Miles, J. — petit larceny.) Present — Den-man, J. P., Boomer, Green, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903718/ | Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Niagara County Court, DiFlorio, J. — criminal possession of stolen property, second degree.) Present — Denman, J. P., Boomer, Green, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903719/ | Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which granted defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant established his ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903720/ | Motion seeking relief pursuant to CPLR 5015 (a) (5) denied (see, Matter of Huie [Furman], 20 NY2d 568, 572, mot to amend remittitur granted 21 NY2d 1036; Deeves v Fabric Fire Hose Co., 14 NY2d 633). Present— Denman, J. P., Green, Balio, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903721/ | Motion seeking relief pursuant to CPLR 5015 (a) (5) denied (see, Matter of Huie [Furman], 20 NY2d 568, 572, mot to amend remittitur granted 21 NY2d 1036; Deeves v Fabric Fire Hose Co., 14 NY2d 633). Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6495533/ | 2022 IL App (5th) 190275-U
NOTICE
NOTICE
Decision filed 06/27/22. The
This order was filed under
text of this decision may be NO. ... | 01-03-2023 | 06-27-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823569/ | Smith, Judge,
concurring in part.
The parties to this appeal offered a stipulation to the United States Customs Court below, stating the issue to be decided as follows: ‘
*16(3) The issue is whether or not a pure-bred animal otherwise qualified for duty-free entry under Paragraph 1606, Tariff Act of 1930, as amended, m... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823570/ | WoRley, Chief Judge,
delivered the opinion of the court:
At issue here is whether the collector properly classified certain air-blast circuit breakers under paragraph 353 of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, 82 Treas. Dec. 305, T.D. 51802, as “switchgear,” assessing dut... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903724/ | Order, Supreme Court, New York County (Jane S. Solomon, J.), entered August 12, 2011, which, in this proceeding brought pursuant to article 7 of the Real Property Tax Law, denied petitioner’s motion to correct the assessed value of its premises to reflect a tax exemption under the Industrial and Commercial Incentive Pr... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903725/ | Motion seeking relief pursuant to CPLR 5015 (a) (5) denied (see, Matter of Huie [Furman], 20 NY2d 568, 572, mot to amend remittitur granted 21 NY2d 1036; Deeves v Fabric Fire Hose Co., 14 NY2d 633). Present — Denman, J. P., Boomer, Green and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903727/ | Motion by appellant *980for poor person relief and for an extension of time to perfect appeal denied. Memorandum: Appellant has failed to show that he has served the notice of motion upon the County Attorney and has failed to set forth facts so that the merit to his appeal can be ascertained (see, CPLR 1101 [a], [c]; M... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903728/ | Order, Supreme Court, New York County (Jane S. Solomon, J.), entered August 12, 2011, which, in this proceeding brought pursuant to article 7 of the Real Property Tax Law, denied petitioner’s motion to correct the assessed value of its premises to reflect a tax exemption under the Industrial and Commercial Incentive Pr... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903729/ | Motion seeking relief pursuant to CPLR 5015 (a) (5) denied (see, Matter of Huie [Furman], 20 NY2d 568, 572, mot to amend remittitur granted 21 NY2d 1036; Deeves v Fabric Fire Hose Co., 14 NY2d 633). Present— Dillon, P. J., Doerr, Boomer and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903730/ | Motion for poor person relief denied. Memorandum: Appellant’s statement in support of the motion has not been sworn to before an officer authorized to administer oaths and it fails to set forth facts so that the merit of his contentions can be ascertained (see, CPLR 1101 [a]). Present — Doerr, J. P., Denman, Boomer, Gr... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903732/ | Motion for permission to appeal to Appellate Division denied as unnecessary. Memorandum: Special Term denied respondent’s motion to dismiss the petition in this CPLR article 78 proceeding on the ground that it is barred by the Statute of Limitations and transferred the proceeding to us to review the issue of whether th... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903733/ | Motion for poor person relief denied. Memorandum: The motion papers lack a financial affidavit sworn to by appellants and an affidavit setting forth facts showing merit to the appeal (see, CPLR 1101; Matter of Teeter v Reed, 57 AD2d 735). Present — Doerr, J. P., Denman, Boomer, Green and Lawton, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903734/ | Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 16, 2011, which granted plaintiffs motion for partial summary judgment on his Labor Law § 241 (6) claim and on his Labor Law § 200 claim to the extent it is asserted against defendant Tishman Construction, and denied defendants’ cross motio... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/194940/ | 7 F.3d 219
NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.UNITED STATES, Appellee,v.Edward W. SEELEY, Defendant, Appellant.
No. 93-1231.
United States Court of Appeals,First Circuit.
September 23, 1993
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRI... | 01-03-2023 | 02-07-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/6495501/ | FILED
NOT FOR PUBLICATION
JUN 27 2022
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COUR... | 01-03-2023 | 06-27-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903746/ | OPINION OF THE COURT
Mikoll, J.
Plaintiff Empire State Association of Adult Homes, Inc. is a trade association of owners and operators of adult care facilities which provide residential care and services to adults who are unable or substantially unable to live independently (Social Services Law § 2 [21]). The individua... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903748/ | OPINION OF THE COURT
Per Curiam.
The defendant was indicted on two counts of operating a motor vehicle under the influence of alcohol, as a felony. A jury trial was held in the County Court, Suffolk County (Tisch, J.), commencing on May 7, 1986, and on May 16, 1986, the jury rendered a verdict finding the defendant gui... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903749/ | OPINION OF THE COURT
Kane, J.
Petitioner commenced these two CPLR article 78 proceedings seeking to compel respondents to discharge certain allegedly unqualified police officers and certain constables of the Town of Ticonderoga, Essex County, and to cease certifying their salaries. Respondents are the Town Board of the... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903750/ | Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered November 30, 2011, which denied defendant City of New York’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.
Triable issues of fact exist in this action where plaintiff test... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903752/ | OPINION OF THE COURT
Sandler, J.
The complaint, whose allegations are necessarily accepted as true on this appeal from an order granting defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss for legal insufficiency, alleges that defendant R. Lee Hulko (Hulko) entered into a contract for the purchase of certain re... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903754/ | OPINION OF THE COURT
Levine, J.
Arthur and Patricia Salvatore reside in a dwelling on a two-acre tract on Lowell Road in the City of Schenectady. Their property is situated within an area known as the General Electric Realty Plot which is designated as an "A-2 Historic Residential District” in the city’s zoning ordinan... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903755/ | *94OPINION OF THE COURT
Lawton, J.
On April 28, 1982, plaintiff allegedly injured his back when the bus he was driving struck a depression in a roadway in the City of Syracuse. Plaintiff commenced suit to recover damages for these injuries on March 4, 1983. In Ms complaint, plaintiff alleged that the roadway was danger... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903756/ | Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 9, 2012, which, in this personal injury action arising from a motor vehicle accident, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The unsigned deposition transcripts submitted by ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903757/ | OPINION OF THE COURT
Balio, J.
Plaintiff Williamson commenced this action to recover damages for additional costs incurred in connection with work performed on a public contract to repair a roof on defendant’s highway garage. The complaint asserted two causes of action: breach of contract and unjust enrichment. Followi... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903759/ | OPINION OF THE COURT
Carro, J.
This was a close and wholly circumstantial evidence case, requiring the jury to engage in a very complex and difficult reasoning process. That deliberative process was made even more difficult by the crime involved herein, a ghastly and incomprehensible murder. These factors magnified th... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903760/ | OPINION OF THE COURT
Yesawich, Jr., J.
This appeal stems from defendant’s sale of two sexually explicit magazines and resultant conviction of two counts of obscenity in the third degree (Penal Law § 235.05). An investigator with the District Attorney’s office had purchased the magazines, classified by defendant’s sales... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4534937/ | C-Track E-Filing
Nevada
Appellate Courts
Appellate Case Management System
C-Track, the browser based CMS for Appellate Courts
... | 01-03-2023 | 05-16-2020 |
https://www.courtlistener.com/api/rest/v3/opinions/5903762/ | Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 9, 2012, which, in this personal injury action arising from a motor vehicle accident, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The unsigned deposition transcripts submitted by ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903764/ | OPINION OF THE COURT
Yesawich, Jr., J.
A Grand Jury indicted defendants for various offenses in-*140eluding bribery, receiving a bribe, conspiracy and making an apparently false sworn statement. Defendants have successfully challenged the legitimacy of the Grand Jury process.
The term of the indicting Grand Jury, which... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/1363048/ | 470 F.Supp. 1275 (1979)
Nasrollah MAGHSOUDI, Plaintiff,
v.
PAN AMERICAN WORLD AIRWAYS, INC., Defendant.
Civ. No. 79-0070.
United States District Court, D. Hawaii.
June 1, 1979.
*1276 Kenneth G. K. Hoo, Fong, Miho & Robinson, Honolulu, Hawaii, for plaintiff.
Alexander C. Marrack, Hoddick, Reinwald, O'Connor & Marrack, H... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5903765/ | OPINION OF THE COURT
Per Curiam.
Respondent, Joseph J. Schwartz, was admitted to the practice of law in New York by the First Judicial Department on November 26,1951.
*146On March 17, 1988, respondent pleaded guilty to a violation of General Business Law § 352-c (1) (a), a misdemeanor offense, for the concealment of ma... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903766/ | OPINION OF THE COURT
Mikoll, J.
Petitioners are challenging the promulgation by respondent Commissioner of Social Services of an internal ruling of the Department of Social Services (hereinafter DSS) setting forth the standards for determining which individuals are mentally disabled for Medicaid reimbursement purposes;... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903767/ | OPINION OF THE COURT
Per Curiam.
Thomas G. Hasemann has submitted an affidavit dated May 19, 1988, wherein he tenders his resignation as an attorney and counselor-at-law (22 NYCRR 691.9). He was admitted to the practice of law by this court on June 19, 1968.
Mr. Hasemann acknowledges that he is the subject of an invest... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903973/ | — Appeal by the defendant from a judgment of the Supreme Court, Oueens County (Appelman, J.), rendered June 19, 1987, convicting him of attempted arson in the second degree, reckless endangerment in the first degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903768/ | Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about February 16, 2012, which denied respondent father’s objections to the Support Magistrate’s order directing him to pay $675.00 bi-weekly in child support, unanimously affirmed, without costs.
The Support Magistrate properly imputed incom... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903770/ | *166OPINION OF THE COURT
Mercure, J.
This action for a divorce was commenced on February 2, 1982. On June 14, 1984, Supreme Court granted reverse summary judgment in favor of plaintiff, and trial on the contested financial issues of equitable distribution, maintenance and counsel fees commenced January 2, 1985. Defenda... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903771/ | OPINION OF THE COURT
Per Curiam.
The Departmental Disciplinary Committee for the First Judicial Department seeks an order (1) rejecting respondent Peter G. Schmidt’s affidavit of resignation and the Hearing Panel’s recommendation of acceptance, and (2) immediately suspending respondent from the practice of law pursuant... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903773/ | Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about February 16, 2012, which denied respondent father’s objections to the Support Magistrate’s order directing him to pay $675.00 bi-weekly in child support, unanimously affirmed, without costs.
The Support Magistrate properly imputed incom... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903774/ | OPINION OF THE COURT
Weiss, J.
The issue before us is whether Highway Law § 85, Transportation Law § 428, and the Prison Construction Act (McKinney’s Uncons Laws of NY § 6267 [L 1983, ch 56, as amended]) empower defendants, the State Commissioners of Transportation and General Services, to promulgate and implement affi... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903777/ | Sandler, J.
(dissenting). I am in agreement with Justice Carro, for the reasons set forth in his opinion, that this court has the right, in the interests of justice, to reach the merits of the issue presented by the hearing court’s denial of the motion to suppress, and should do so.
As to the merits of the issue, altho... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903779/ | Asch, J.
(dissenting). Defendant moved to suppress confessions and out-of-court identifications of two eyewitnesses to the killing of Eugene Curry. After the suppression hearing but before any decision by Criminal Term on his motions, defendant offered to plead guilty to the reduced charge of manslaughter in the first ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903780/ | Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered March 12, 2012, which granted third-party defendant DTG Operations, Inc.’s, formerly known as Dollar Rent A Car, Inc. (Dollar), motion for summary judgment dismissing the third-party complaint against it, unanimously affirmed, without costs.
Dol... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903781/ | OPINION OF THE COURT
Per Curiam.
Respondent Edward M. Cohen was admitted to practice as an attorney by the Appellate Division, Second Department, on December 14, 1955 under the name Edward Marvin Cohen. At all times relevant hereto, respondent maintained an office for the practice of law within the First Judicial Depar... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903782/ | OPINION OF THE COURT
Per Curiam.
Petitioner, the Departmental Disciplinary Committee for *227the First Department, moves for an order determining that the crimes of which respondent Charles Kadish has been convicted are "serious crimes” within the meaning of Judiciary Law § 90 (4) (d) and directing that respondent be s... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903783/ | OPINION OF THE COURT
Per Curiam.
The Departmental Disciplinary Committee moves for an order that respondent Philip Gottesman be disbarred for his willful failure to comply with an order of the Appellate Division entered December 8, 1987 which directed him to show cause, within 30 days from the date of said order, why a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903784/ | OPINION OF THE COURT
Yesawich, Jr., J.
Respondent Spring Valley Water Company, Inc. (hereinafter Spring Valley) provides water for approximately 88% of the residents of petitioner Rockland County and various industrial users from four major sources: (1) 57 wells, (2) the Lake De Forest Reservoir and Filter Plant, (3) t... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903790/ | *260OPINION OF THE COURT
Per Curiam.
Respondent Leroy Frazer, Jr., was admitted to practice as an attorney-at-law by the Appellate Division, First Judicial Department, on June 28, 1982.
On June 5, 1987 respondent pleaded guilty in the Criminal Court of the City of New York to two misdemeanor counts of failure to timely... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903792/ | OPINION OF THE COURT
Per Curiam.
The respondent was admitted to practice as an attorney by this court on December 15, 1965, under the name George Henry Vallario, Jr. By order of this court dated April 25, 1986, the respondent was suspended from the practice of law until the further order of this court based upon his co... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903793/ | OPINION OF THE COURT
Per Curiam.
The respondent was admitted to practice as an attorney by this court on December 12, 1984. The respondent was suspended from the practice of law by order of this court dated October 19, 1987, pending further order of this court.
*271In this proceeding the Special Referee sustained a sin... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903795/ | OPINION OF THE COURT
Ross, J.
This appeal presents the issue of whether it was reversible error, in a joint trial, to admit the confessions of nontestifying defendants, which incriminated this defendant.
At about 5:30 a.m., on December 11, 1982, a neighbor summoned the police to the apartment of Mr. Alphonse Randolph (... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903798/ | *294OPINION OF THE COURT
Sullivan, J.
The underlying accident in this personal injury action occurred on January 24, 1986, when an automobile driven by Rachel Balsam, the plaintiff, which was stopped while she waited in line in a traffic lane on West 96th Street, was struck in the rear by a van that had skidded on ice.... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903799/ | OPINION OF THE COURT
Denman, J. P.
In this original CPLR article 78 proceeding in the nature of prohibition, petitioner challenges a determination of respondent County Judge D’Amico which granted the application of respondent District Attorney for an order directing petitioner to provide a dental cast impression to aid... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903802/ | Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 3, 2012, dismissing the complaint as against defendant Welsbach Electric Corp. upon a jury verdict in its favor and bringing up for review an order, same court and Justice, entered May 17, 2012, which denied plaintiff Zenon Klewinowski’s (... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903803/ | OPINION OF THE COURT
Weinstein, J.
The novel contention presented on the instant appeal is that the petitioner’s indictment and conviction of felony murder were invalid as contrary to the underlying intent of the felony murder statute (Penal Law § 125.25 [3]) inasmuch as the predicate conduct, attempted escape in the s... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903804/ | OPINION OF THE COURT
Milonas, J.
This is. a special proceeding pursuant to CPLR 7502 (c) in which petitioner-appellant Drexel Burnham Lambert Incorporated seeks an order of attachment prior to arbitration. It is petitioner’s contention that the attachment is required to provide security for a claim by Drexel against re... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903806/ | Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 3, 2012, dismissing the complaint as against defendant Welsbach Electric Corp. upon a jury verdict in its favor and bringing up for review an order, same court and Justice, entered May 17, 2012, which denied plaintiff Zenon Klewinowski’s (... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903807/ | OPINION OF THE COURT
Mangano, J. P.
The crucial question to be resolved on the instant appeal is whether clear and convincing evidence was adduced at a hearing to establish that the presently incompetent patient, Mary O’Connor, expressed a desire, when she was competent, to exercise her common-law right to refuse all a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903808/ | Brown, J.
(dissenting). I cannot agree that, on the record before us, there exists sufficient proof that Mary O’Connor, when competent, had expressed a clear desire to forego intravenous and nasogastric feeding under the circumstances of her present physical condition.
There is, of course, no doubt that the use of arti... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903810/ | OPINION OF THE COURT
Milonas, J.
In April of 1983, defendant City of New York, through the Department of General Services, solicited bids for contracts to supply fuel oil and kerosene for the period of July 1, 1983 to June 30, 1984. All interested parties were provided with two documents, the standard form of contract,... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903811/ | Murphy, P. J.
(dissenting). Plaintiff Sinram-Marnis (hereinafter Sinram) was the low bidder for a fuel supply contract offered by defendant City of New York. Accordingly, on June 21, 1983, the city notified Sinram of its intention to award it the contract. On June 26, 1983, however, before a formal award of the contrac... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903827/ | Order, Supreme Court, New York County (Jane S. Solomon, J.), entered May 13, 2011, which, in this personal injury action, denied defendants’ motion to, inter alia, vacate an order, same court and Justice, entered April 30, 2009, on defendants’ default, granting plaintiff’s motion to strike defendants’ answers, and a ju... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903828/ | — Order Supreme Court, Bronx County (Harold Tompkins, J.), entered November 25, 1987, which directed the transfer of the venue of this action to Nassau County, the examination of a circular saw and the deposition of the defendant, unanimously modified, on the law and the facts, to vacate that portion of the order direc... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903829/ | — Judgment of the Supreme Court, New York County (Edwin Torres, J.), rendered on July 12, 1984, convicting defendant of two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) and sentencing him as a persistent violent felony offender to two concurrent terms of six years to life, unan... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903830/ | Motion held in abeyance, and application referred to the Departmental Disciplinary Committee for the First Judicial Department for a hearing, as indicated. Concur — Murphy, P.' J., Kupferman, Sandler, Sullivan and Ross, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903831/ | — Order and judgment (one paper), Supreme Court, New York County (Irving Kirschenbaum, J.), entered on January 16, 1987, unanimously affirmed, without costs and without disbursements. The motion by plaintiff-respondent-appellant for leave to file a supplemental record on appeal granted. No opinion. Concur— Murphy, P. J... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903873/ | — Motion, insofar as it seeks leave to appeal to the Court of Appeals, denied as academic, and insofar as it seeks reargument the motion is granted, and upon reargument, the order of this court entered on November 5, 1987 (134 AD2d 973) is recalled and vacated, and a new order and the following memorandum decision subs... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823572/ | Smith, Judge,
delivered the opinion of the court:
During 1957 and 1958 appellants imported metal frames which were sold to manufacturers who used them in the manufacture of leather cigarette cases. The report of the collector dated March 30, 1959 shows that the appraiser’s description of the merchandise was accepted an... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903832/ | Order, Supreme Court, New York County (Jane S. Solomon, J.), entered May 13, 2011, which, in this personal injury action, denied defendants’ motion to, inter alia, vacate an order, same court and Justice, entered April 30, 2009, on defendants’ default, granting plaintiff’s motion to strike defendants’ answers, and a ju... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903833/ | — Judgment, Supreme Court, Bronx County (Harold Tompkins, J.), entered on March 3, 1987, unanimously reversed on the law and the facts, without costs and without disbursements, and a new trial ordered solely on the issue of damages, unless plaintiff, within 20 days after service of a copy of the order herein with notic... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903834/ | — Order of the Supreme Court, New York County (David H. Edwards, Jr., J.), entered November 19, 1986, which granted the motion of plaintiffs for an order compelling defendant Abramowitz to answer certain questions at his deposition and denied defendants’ cross motion for a protective order, is unanimously modified, on ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903835/ | The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the s... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903836/ | — Order, Supreme Court, New York County (Andrew Tyler, J.), entered November 27, 1987, which confirmed the report of Referee Donald Diamond which found that the 1973 partnership agreement did not terminate upon the death of Mr. Burger *423and was still effective, that the defendants breached the agreement, and that the... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903837/ | — Judgment of the Supreme Court, New York County (Howard Bell, J.), rendered April 25, 1986, convicting defendant, after trial by jury, of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31), criminal possession of a controlled substance in the fifth . degree (Penal Law § 220.06 [1]) and cr... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903838/ | — Appeal from the judgment of the Supreme Court, New York County, rendered on February I, 1988 (Robert Haft, J., at speedy trial motion; Howard Bell, J. , at suppression hearing, trial, sentence and resentencing), convicting defendant, following a jury trial, of robbery in the second degree and resentencing him, as a p... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/198992/ | 217 F.3d 59 (1st Cir. 2000)
UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE,V.JUDITH E. MURRAY, DEFENDANT, APPELLANT.MICHAEL E. MURRAY, EASTERN SAVINGS BANK, HOUSEHOLD FINANCE CORPORATION, LEP PROFIT INTERNATIONAL INCORPORATED, DEFENDANTS.
No. 99-2028
United States Court of Appeals For the First Circuit
Heard March 9, 20... | 01-03-2023 | 02-07-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5903839/ | — Judgment, Supreme Court, New York County (Albert Williams, J.), rendered on October 10, 1985, unanimously reversed, on the law, and a new trial ordered. (See, People v Owens, 69 NY2d 585.) No opinion. Concur — Murphy, P. J., Ross, Kassal, Rosenberger and Ellerin, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6712954/ | Notice of appeal by defendant (substantial constitutional question) retained 3 April 1996. Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed as to Issue 1, otherwise denied 3 April 1996. | 01-03-2023 | 07-20-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903849/ | — Order, Supreme Court, New York County (Ira Gammerman, J.), entered *432July 23, 1987, denying the motions of defendants Rexall, Upjohn and Abbott, pursuant to CPLR 3212, for summary judgment dismissing the plaintiffs’ complaints, unanimously affirmed, without costs.
Seven drug manufacturers appeal from a well-reasone... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903850/ | *551Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered March 30, 2012, which, to the extent appealed from, upon reargument, and denial of renewal, adhered to a prior order, entered February 10, 2012, granting defendant’s motion for pendente lite relief to the extent of awarding her tax-free maintena... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903851/ | — Order of the Supreme Court, New York County (Walter M. Schackman, J.), entered June 23, 1987, denying the motion of defendants Madison Avenue Hotel Partners and E. William Judson to amend their answer to plead the affirmative defense of the Workers’ Compensation Law, is reversed, on the law and facts, and the motion ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903853/ | — Judgment, Supreme Court, Bronx County (Irving Lang, J.), rendered on December 5, 1985, unanimously affirmed, without prejudice to a motion brought pursuant to CPL article 440. No opinion. Concur — Murphy, P. J., Sandler, Sullivan and Rosenberger, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903854/ | — Judgment, Supreme Court, New York County (Walter Schackman, J.), entered on January 26, 1987, unanimously affirmed for the reasons stated by Walter Schackman, J., without costs and without disbursements. Concur — Kupferman, J. P., Sullivan, Ross, Carro and Kassal, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903856/ | — Judgment, Supreme Court, Bronx County (Elbert Hinkson, J.), rendered on September 15, 1986, unanimously affirmed, and appellant’s motion for leave to serve and file a supplemental pro se brief is denied. No opinion. Concur — Murphy, P.J., Ross, Kassal, Rosenberger and Ellerin, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5903857/ | — Order, Supreme Court, New York County (Robert Lippman, J.), entered on August 28, 1987, unanimously affirmed for the reasons stated by Robert Lippman, J. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur — Kupferman, J. P., Sandler, Carro, Rosenberger and Smith, JJ. | 01-03-2023 | 01-13-2022 |
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