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https://www.courtlistener.com/api/rest/v3/opinions/5903968/
— Appeal by the People from an order of the Supreme Court, Kings County (Feldman, J.), dated June 5, 1986, which, sua sponte, after a hearing, set aside jury verdicts finding the defendants guilty of deviating from the terms of a prescription (six counts) and dismissed the indictment in the interest of justice pursuant...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903969/
— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Richmond County (Kuffner, J.), imposed April 30, 1985, as amended May 1,1987. Ordered that the sentence, as amended, is affirmed (see, People v Kazepis, 101 AD2d 816; People v Suitte, 90 AD2d 80). Mangano, J. P., Kunzeman, Rubin, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903970/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Quinones, *536J.), rendered April 23, 1986, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. Although given the opportunity to do so, the defendant di...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/199810/
United States Court of Appeals For the First Circuit ____________________ No. 01-1850 UNITED STATES OF AMERICA, Appellee, v. ANTHONY CASTRO, ...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/2210209/
593 N.W.2d 248 (1999) Robert ZIMMERMAN, Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, Respondent, Auto-Owners Insurance Company, et al., Defendants. No. C9-98-1991. Court of Appeals of Minnesota. May 4, 1999. Review Granted July 28, 1999.[*] Andrew P. Engebretson, St. Paul, for appellant. Lindsay G. Arthur, Jr., P...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5903971/
*564Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered July 25, 2011, upon a jury verdict, insofar as appealed from as limited by the briefs, awarding plaintiff $450,000 for past pain and suffering and $800,000 for future pain and suffering, unanimously affirmed, without costs. Plaintiff, a 52-year-o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903972/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.) rendered March 18, 1986, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant was convicted of manslaughter in the second degree in t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4150618/
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0150n.06 No. 16-5458 FILED UNITED STATES COURT OF APPEALS Mar 07, 2...
01-03-2023
03-07-2017
https://www.courtlistener.com/api/rest/v3/opinions/5903976/
*564Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered July 25, 2011, upon a jury verdict, insofar as appealed from as limited by the briefs, awarding plaintiff $450,000 for past pain and suffering and $800,000 for future pain and suffering, unanimously affirmed, without costs. Plaintiff, a 52-year-o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903977/
— Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Kramer, J.), rendered June 13, 1985, convicting him of robbery in the first degree under indictment No. 6618/83, upon a jury verdict, and sentencing him to an indeterminate term of 6V2 to 13 years’ imprisonment and (2) a sentence of the s...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903978/
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 6, 1985, convicting him of burglary in the third degree, criminal possession of stolen property in the third degree, and petit larceny, upon a jury verdict, and imposing sentence. Ordered that the judgment i...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903979/
— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Hickman, J.), rendered April 27, 1984, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. We have reviewed the record and agree with the defendant’s as...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903980/
— Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 27, 1986, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. We have reviewed the record and agree with the defendant’s assigned coun...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2758469/
FILED DEC 08 2014 1 NOT FOR PUBLICATION SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT 2 3 U...
01-03-2023
12-09-2014
https://www.courtlistener.com/api/rest/v3/opinions/5903981/
Order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about January 4, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903982/
— Appeal by the defendant from three judgments of the County Court, Suffolk County (Cacciabaudo, J.), all rendered January 11, 1984, convicting him of robbery in the first degree (3 counts, 1 as to each indictment), upon his pleas of guilty, and imposing sentences. Ordered that the judgment is affirmed. The defendant f...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903983/
— Appeal by the defendant from a judgment of the Supreme Court, Orange County (Patsalos, J.), rendered March 5, 1984, convicting him of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sente...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903985/
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered March 23, 1984, convicting him of kidnapping in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial (Chetta, J.), after a *545hearing, of that branch of the defe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903986/
Order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about January 4, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823582/
Almond, Judge, delivered the opinion of the court: This is an appeal from the judgment of the United States Customs Court, First Division, 55 Cust. Ct. 723 A.R.D. 191, affirming the judgment of Judge Donlon, sitting as the single judge in reappraisement, 49 Cust. Ct. 372,- Reap. Dec. 10323. Judge Donlon’s decision was ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903990/
— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Westchester County (Colabella, J.), imposed October 18, 1984. Ordered that the sentence is affirmed, (see, People v Kazepis, 101 AD2d 816). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4084215/
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1020 CA 13-00177 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ. IN THE MATTER OF JAMAR MARTIN, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER ANDREA W....
01-03-2023
10-07-2016
https://www.courtlistener.com/api/rest/v3/opinions/5903991/
*566Order, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about January 11, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the first and third degrees, and plac...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904006/
Order, Supreme Court, New York County, (Shirley Werner Kornreich, J), entered August 10, 2012, which, to the extent appealed from, denied defendant’s motion to dismiss the cause of action alleging intentional misrepresentation, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is direct...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903992/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Cohen, J.), rendered August 23, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. We find that the trial court properly denied the defendant’s application f...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903993/
— Appeal by the defendant from three judgments of the Supreme Court, Queens County (O’Dwyer, J.), all rendered April 17, 1986, convicting him of robbery in the first degree and robbery in the second degree under indictment No. 4623/85, robbery in the second degree (three counts), criminal possession of stolen property ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903994/
— Motion by the respondent for reargument of an appeal from a judgment of the Supreme Court, Westchester County, entered May 27, 1986, which was decided by decision and order of this court dated October 19, 1987. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903995/
—In an action to recover damages for personal injuries, etc., the plaintiff Wilfredo Soto appeals, as limited by his brief, on the ground of inadequacy, and the defendant City of New York cross-appeals, from so much of a judgment of the Supreme Court, Kings County (Bellard, J.), dated April 3, 1986, as is in favor of t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903997/
*566Order, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about January 11, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the first and third degrees, and plac...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904020/
— In an action to recover a brokerage commission, the defendant Biaso Lepro appeals from so much of an order of the Supreme Court, Richmond County (Amann, J.), dated April 15, 1987, as denied his motion to dismiss the complaint insofar as it is asserted against him. Ordered that the order is affirmed insofar as appeale...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823586/
Almond, Judge, delivered the opinion of the court: This is an appeal by John A. Steer Company from a judgment of the United States Customs Court, Second Division, which overruled its protest against the collector’s classification of rectangular coordinate plotters1 as “mathematical instruments,” dutiable under paragrap...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823587/
Smith, Judge, concurring. An underlying concept of the dissenting opinion is that since the imported rectangular coordinate plotters may be used to make measurements, they are properly classified under par. 360 as “mathematical instruments.” It seems to me that such a classification on this basis would be contrary to t...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903998/
— In an action for a divorce and ancillary relief, the plaintiff wife appeals from an order of the Supreme Court, Suffolk County (Abrams, J.), dated June 24, 1987, which granted the defendant’s motion for an order disqualifying the law firm of Márchese & Sallah, P. C., as attorneys for the plaintiff. Ordered that the o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903999/
— In an action to recover damages for personal injuries, etc., the plaintiff Jack Cotter appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Gurahian, J.), dated August 21, 1986, as, upon a jury verdict, is in favor of the defendant and against him. Ordered that the ju...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904001/
Order, Supreme Court, New York County, (Shirley Werner Kornreich, J), entered August 10, 2012, which, to the extent appealed from, denied defendant’s motion to dismiss the cause of action alleging intentional misrepresentation, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is direct...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904002/
— In an action, inter alia, for specific performance of a contract for the sale of certain real property owned by the defendant Jewish Federation of Yonkers, Inc., the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), entered August 25, 1987, as (1) denied that branch o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904003/
— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Cannavo, J.), entered January 20, 1987, which granted motions for summary judgment by the defendants Town of Islip and West Islip School District and Manetuck Elementary Sch...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904004/
— In an action to compel specific performance of a contract for the sale of real property, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered December 11, 1986, which, after a non-jury trial, directed the defendant to convey the realty to the plaintiffs. Ordered that the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904005/
— In an action to recover a $6,000 down payment on a real estate contract, the defendant sellers appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 20, 1986, which denied their motion for summary judgment. Ordered that the order is reversed, on the law, with costs, the defendants’ motion ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4558008/
NUMBER 13-20-00350-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN THE MATTER OF BUMSTEAD FAMILY IRREVOCABLE TRUST On appeal from the Probate Court No. 1 ...
01-03-2023
08-24-2020
https://www.courtlistener.com/api/rest/v3/opinions/2444647/
134 F. Supp. 2d 275 (2001) State of NEW YORK, Plaintiff, v. NATIONAL SERVICES INDUSTRIES, INC. Defendants. No. 99-CV-2745. United States District Court, E.D. New York. February 16, 2001. Eliot Spitzer, Attorney General of the State of New York by Carter H. Strickland, Jr., Assistant Attorney General, New York State Dep...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/2484828/
217 F. Supp. 2d 1266 (2002) BURGER KING CORPORATION, Plaintiff, v. ASHLAND EQUITIES, INC., Reinold T. Belle, and Robert E. Clarke, Defendants. No. 00-1804-CIV. United States District Court, S.D. Florida. June 26, 2002. *1267 Jonathan Perlman, Jessica Serell Erenbaum, Michael D. Joblove, Dennis Dean Leone, Nina Greene K...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/2022669/
187 B.R. 523 (1995) In re Walter Clayton MULLINS t/a Jill Mining Co., Debtor. Bankruptcy No. 7-80-00727-HPA-11. United States Bankruptcy Court, W.D. Virginia, Abingdon Division. September 7, 1995. *524 John M. Lamie, Abingdon, Virginia, for debtor. Daniel K. Read, Jessee & Read, Abingdon, Virginia, for heirs of debtor....
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5907548/
Judgment, Supreme Court, New York County (Leslie Snyder, J.), rendered on October 10, 1986, unanimously affirmed. Motion by appellant to enlarge the record to include certain exhibits granted. No opinion. Concur —Sandler, J. P., Carro, Milonas, Kassal and Smith, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907549/
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered June 20, 2012) to review a determination of respondent. The determination found after a tier III hearing that p...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907550/
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered June 20, 2012) to review a determination of respondent. The determination found after a tier III hearing that p...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904007/
— In an action to recover a civil forfeiture pursuant to CPLR article 13A, the plaintiff District Attorney of Suffolk County appeals from an order of the Supreme Court, Suffolk County (Lama, J.), entered December 11, 1986, which denied his motion pursuant to CPLR 3213 for summary judgment in lieu of complaint. Ordered ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904008/
— In an action to recover damages for personal injuries, the defendants and third-party plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Vinik, J.), entered November 18, 1986, as denied that branch of their cross motion which was for partial summary judgment against the third-party defenda...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904009/
— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Saladino, J.), entered November 19, 1986, which, is in favor of the defendants and against them, upon a jury verdict. Ordered that the judgment is affirmed, with one bill o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534962/
Order Michigan Supreme Court Lansing, Michigan May 15, 2020 ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/5904010/
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about June 19, 2012, which granted plaintiffs’ motion to vacate the partial stay granted on defendants’ prior motion to compel arbitration, unanimously affirmed, without costs. Vacatur of the partial stay was a provident exercise of dis...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907552/
Order and judgment (one paper) of the Supreme Court, New York County (Amos E. Bowman, J.), entered September 14, 1987, which dismissed the petition for judicial dissolution of respondent Rambusch Decorating Company, is unanimously reversed, on the law, and the petition reinstated, with costs and disbursements payable t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907553/
Order of the Supreme Court, Bronx County (Howard R. Silver, J.), entered March 1, 1988, which in a medical malpractice action granted plaintiffs’ motion to amend their bill of particulars to embrace claims of malpractice occurring prior to those originally set forth in the complaint, unanimously reversed, on the law, o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904011/
— In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated July 8, 1987, which granted the plaintiff’s motion for summary judgment on the issue of liability. Ordered that the order is reversed, on the law, with costs, and the pla...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904012/
— In an action to recover a brokerage commission, the plaintiff appeals from an order of the Supreme Court, Nassau County (Morrison, J.), entered December 16, 1986, which denied its motion for summary judgment, and, upon searching the record, granted summary judgment to the defendant dismissing the complaint. Ordered t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904013/
— In an automobile negligence action to recover damages for personal injuries sustained in an automobile accident, the plaintiff Donna M. McKnight appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Orange County (King, J., at trial on liability; Ritter, J. at trial on damages), dated Dec...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904016/
— In an action to recover for property damage, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), dated October 14, 1986, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against him. Ordered that the judgment is affirmed, with one bill of cos...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904017/
— In an action, inter alia, to declare invalid the zoning classification of a parcel of real property located within the Town of Oyster Bay, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Yachnin, J.), dated July 13, 1987, as denied t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904018/
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Judith Lieb, J.), rendered on or about November 18, 2011, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence no...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1100942/
507 So.2d 538 (1987) BOARD OF ZONING ADJUSTMENT OF the CITY OF MUSCLE SHOALS v. LaGRANGE CHURCH OF THE NAZARENE, INC., a/k/a Muscle Shoals First Church of the Nazarene. Civ. 5695. Court of Civil Appeals of Alabama. April 29, 1987. John D. Clement, Jr., Tuscumbia, for appellant. Jesse P. Evans III of Corretti & Newsom, ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5904019/
—In an action, inter alia, for injunctive relief, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCabe, J.), dated June 11, 1987, which denied her motion for leave to amend her complaint so as to include a prayer for money damages against certain defendants. Ordered that the order is affirmed...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823590/
Worley, Chief Judge, delivered the opinion of the court: Loewengart, importer of several shipments of goatskins from India, appeals from the judgment of the Customs Court, 51 Cust. Ct. 1, C.D. 2405, overruling its protest against the collector’s classification of the goods under paragraph 1530 (c) of the Tariff Act of ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823591/
Martin, Judge, delivered tbe opinion of the court: This is an appeal by the importer from a judgment of the United States Customs Court, Third Division, Appellate Term,1 affirming the trial court’s holding that the appraised values of the involved importations represented the correct dutiable values. The importations a...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823593/
Smith, Judge, delivered the opinion of the court: This is an appeal from the decision and judgment on rehearing of the United States Customs Court, First Division, overruling a protest against the collector’s classification and duty assessment, 53 Cust. Ct. 184, C.D. 2493 (1964). The merchandise at issue consists of “s...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904022/
— In a proceeding pursuant to General Municipal Law § 50-e (5), for leave to serve a late notice of claim, the Dormitory Authority of the State of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated November 17,1986, as granted that branch of the app...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904025/
— In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Nassau County (Ryan, J.), entered December 24, 1986, which dismissed the petition in the interest of justice. By order dated November 2, 1987, this court ordered that the appeal be held in abe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904026/
— Appeal by the People from an order of the Supreme Court, Queens County (Pitaro, J.), dated December 10, 1985, which, after a hearing, *582granted those branches of the defendants’ omnibus motion which were to suppress physical evidence and statements to the police. Ordered that the order is modified, on the law and t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904027/
— Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered January 6, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The testimony of a nonaccomplice witness that the defendant had admitted p...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907570/
In an action for a divorce and ancillary relief, the plaintiff wife appeals (1) from an order of the Supreme Court, Nassau County (McCabe, J.), dated July 10, 1987, which denied her motion to set aside and/or modify the court’s memorandum decision dated March 10, 1987, and (2) from stated portions of a judgment of the ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823594/
Smith, Judge, delivered the opinion of the court : The United States Customs Court, Second Division, overruled twenty of twenty-one of appellants’ consolidated protests against the classification of certain rayon exported from Yugoslavia (54 Cust. Ct. Ill, C.D. 2517). The appeal from this decision and judgment question...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904028/
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 16, 2012, dismissing this proceeding brought pursuant to CFLR article 78 seeking to, among other things, compel respondents to reinstate petitioner’s employment as a respiratory therapist, unanimously affirmed, without costs. Responden...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904029/
— Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered February 16, 1978, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant contends that he was deprived of his right to a fair trial...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904030/
— Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Douglass, J.), dated October 28, 1986, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate his judgment of conviction. Ordered that the order is affirmed. We are unpersuaded by the defendant’s contention...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904032/
— Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered May 11, 1987, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant contends that the failure to pay the money at issue is pr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907631/
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered February 3, 2012 in a personal injury action. The order denied in part defendant’s motion for summary judgment dismissing the complaint. It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law w...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076485/
No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076486/
No opinion. Judgment affirmed, with costs, on the authority of City of Mt. Vernon v. Kenlon, 97 App. Div. 191, 89 N. Y. Supp. 817.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904035/
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered May 8, 1986, convicting him of burglary in the second degree, after a nonjury trial, and imposing sentence. Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been rai...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904037/
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 26, 2012, which denied petitioner’s application for leave to file a late notice of claim, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and the application granted. *568Petitioner was in a motor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076487/
No opinion. Ordered that respondent file answer in 20 days.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904038/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered June 27, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. After viewing the evidence in the light most fa...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904042/
— Appeal by the defendant from a judgment of the County Court, Westchester County (Stolarik, J.), rendered October 10, 1985, convicting him of criminal contempt in the first degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s contentions relating to th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904052/
— Appeal by the defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered June 23, 1983, convicting him of burglary in the second degree and criminal possession of stolen property in the third 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/6823597/
Marttn, Judge, delivered the opinion of the court: It appears from the record that the key facts in this matter are as follows: Appellant, a customs broker, was engaged by Sharwell Bros. Shoe Co. (Sharwell) and Sharyama, Inc. (Sharyama), both of Cleveland, Ohio, to arrange for customs entry and clearance of several sh...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904043/
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 26, 2012, which denied petitioner’s application for leave to file a late notice of claim, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and the application granted. *568Petitioner was in a motor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904044/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered July 16, 1980, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omni...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904045/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered January 14, 1983, convicting him of robbery in the first degree (14 counts), and assault in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is reversed, on the law, and a new tria...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904046/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), entered March 20, 1985, convicting him of unauthorized use of a vehicle in the second degree, criminal possession of stolen property in the first degree and illegal possession of a vehicle identification number plate, upon a ju...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904047/
Judgment, Supreme Court, Bronx County (Lester Adler, J.), rendered July 30, 2009, as amended October 30, 2009, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed. The verdict was not against the weight of the evidence (see People...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904049/
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered September 14, 1983, as amended August 1, 1984, convicting him of criminal possession of stolen property in the second degree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing senten...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904050/
— Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered August 26, 1986, convicting him of criminal sale of a controlled substance in the second degree, criminal sale of a controlled substance in the fourth degree, criminal possession of a controlled substance in the four...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904051/
— Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered April 2, 1986, convicting him of robbery in the third 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 omnibus motion w...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823598/
Smith, Judge, concurring. The predicament in which appellant-custom broker now finds itself results from its decision to file the appeals to reappraisement solely in its own name rather than in or including the name of its clients. Thus, insofar as the pleadings herein disclose the pertinent facts, appellant, while an ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823604/
Smith, Judge, delivered the opinion of the court: This is an appeal from the decision of the Customs Court, Third Division (55 Cust. Ct. 17, C.D. 2549) unanimously denying appellant’s “principal claim” to classification of imported plastic toilet roll holders1 as articles n.s.p.f. A two judge majority so held on the ba...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904053/
In a child neglect proceeding pursuant to Family Court Act article 10, the appeal, by permission, is from an order of the Family Court, Queens County. (Gage, J.), dated February 4, 1988, which, after a hearing pursuant to Family Court Act § 1028, granted the application of the respondent mother to have her child return...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904054/
Judgment, Supreme Court, Bronx County (Lester Adler, J.), rendered July 30, 2009, as amended October 30, 2009, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed. The verdict was not against the weight of the evidence (see People...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904055/
Appeal by the defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered May 28, 1985, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s plea of guilty acts as a waiv...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904056/
— In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Oppido, J.), dated April 16, 1987, as, upon reargument and renewal, adhered to its prior determination in an order d...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904057/
In a proceeding pursuant to CPLR article 78 to prohibit the respondents from establishing a new eligible list for the position of lieutenant-public safety services, the appeal is from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered March 10, 1987, which dismissed the petition. Ordered that th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904058/
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about January 24, 2012, which, to the extent appealed from as limited by the briefs, granted third-party defendants’ motion for summary judgment dismissing third-party plaintiffs’ breach of contract cause of action, unanimously affirmed, with cos...
01-03-2023
01-13-2022