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https://www.courtlistener.com/api/rest/v3/opinions/745292/
122 F.3d 1265 97 Cal. Daily Op. Serv. 7026, 97 Daily JournalD.A.R. 11,336UNITED STATES of America, Plaintiff-Appellee,v.Jose Luis GARCIA-CAMACHO, Defendant-Appellant. No. 96-50605. United States Court of Appeals,Ninth Circuit. Argued and Submitted Aug. 8, 1997.Decided Aug. 29, 1997. Christopher P. Tenorio, Federal Def...
01-03-2023
04-17-2012
https://www.courtlistener.com/api/rest/v3/opinions/5901869/
Yesawich, Jr., J. Appeal from a decision of the Workers’ Compensation Board, filed November 3, 1986, which ruled that claimant’s failure to seek the consent of his employer’s workers’ compensation carrier to settlement of a third-party action barred further awards. Claimant sustained serious injuries in a 1977 two-car ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901871/
Harvey, J. Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 19, 1985, upon a verdict convicting defendant of the crime of attempted murder in the second degree. On October 10, 1984, defendant repeatedly stabbed his estranged wife with a knife. Although suffering very serious inju...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901872/
Casey, J. Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 6, 1985, upon a verdict convicting defendant of the crimes of burglary in the first degree, attempted assault in the first degree, assault in the second degree and criminal trespass in the second degree. Defendant...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901873/
Weiss, J. Appeal, by permission, from an order of the Supreme Court (Conway, J.), entered March 25, 1987 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied respondents’ motion to dismiss the petition. The underlying facts are set forth in our prior determination dismissing petitioner’s challen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901874/
Weiss, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to review a determination of respondent Commissioner of Education which suspended petitioner’s license to practice medicine in New York for three years, with a stay of the last two years of the suspension. ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901875/
Spain, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 1, 2010, upon a verdict convicting defendant of the crime of rape in the first degree. This case, which began with a consensual relationship and ended in defendant’s indictment on a single count of rape in the first ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901876/
McCarthy, J. (dissenting). Defendant is entitled to a reversal of his judgment of conviction because his 6th Amendment rights to confront and cross-examine adverse witnesses were violated by County Court’s failure to turn over to defendant certain crit*1011ical mental health records pertaining to the victim. Defendant ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901883/
Kane, J. P. Appeal from an order of the Supreme Court (Hughes, J.), entered February 20, 1987 in Albany County, which, inter alia, granted defendant’s motion to dismiss the complaint as barred by res judicata. In a prior action, plaintiff sought damages from defendant for breach of contract arising out of management co...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901884/
Yesawich, Jr., J. Appeal from an order of the Supreme Court (Dier, J.), entered December 30, 1986 in Warren County, which partially granted a motion by defendant Marshall Barrett Construction Company, Inc., compelling plaintiffs to provide a further bill of particulars. Plaintiffs brought suit to recover damages for br...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901886/
Yesawich, Jr., J. Appeal from an order of the Supreme Court (Ellison, J.), entered May 29, 1987 in Tompkins County, which denied defendant Tompkins County Trust Company’s motion to dismiss the complaint against it for failure to state a cause of action. Plaintiffs intestate allegedly was struck and fatally injured by a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901887/
Casey, J. Cross appeals from an order and judgment of the Supreme Court (Brown, J.), entered October 31, 1986 in Albany County, which, in a proceeding pursuant to EDPL 402, determined the compensation due claimant as a result of petitioner’s acquisition of real property. In this proceeding pursuant to EDPL article 5, c...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901888/
Levine, J. Appeal from two judgments of the Supreme Court (Bryant, J.), entered November 20, 1986 and December 12, 1986 in Cortland County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Zoning Board of Appeals of the City of Cortland denying peti...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901892/
Harvey, J. Appeal from an order of the Supreme Court (Ford, J.), entered May 6, 1987 in Saratoga County, which denied defendants’ motion for summary judgment dismissing the complaint. Plaintiff Hubert A. Loeffler was injured when the automobile in which he was a passenger collided with two horses on Route 29 in the Tow...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901894/
Mahoney, P. J. Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered August 16, 1982, upon a verdict convicting defendant of the crime of robbery in the second degree. On October 27, 1981, two teen-age males, defendant and Michael Vorst, were stopped by the State Police several miles from whe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901895/
Casey J. Appeal from a judgment of the County Court of Clinton County (Goldman, J.), rendered February 26, 1985, upon a verdict convicting defendant of the crime of discharging a firearm across a public highway. Following three hours of bear hunting in the morning of October 26, 1984, defendant picked up his friend Bri...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901896/
Kane, J. Appeal from a judgment of the County Court of Franklin County (Plumadore, J.), rendered February 28, 1985, upon a verdict convicting defendant of the crime of murder in the second degree. The instant case involves a shooting incident which occurred early in the morning on September 2, 1984 and resulted in the ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901897/
Weiss, J. Appeal from an order of the Family Court of Chemung County (Danaher, Jr., J.), entered March 14, 1986, which, inter alia, denied petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for custody of her natural child. This appeal involves a 19-year-old natural mother’s attempt to re...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901898/
Casey J. Appeals (1) from a judgment of the Supreme Court (Klein, J.), entered November 19, 1985 in Albany County, which, in a proceeding pursuant to CPLR article 78, inter alia, granted respondents’ motion to dismiss the petition in proceeding No. 1, and (2) from a judgment of said court, entered May 14, 1987 in Alban...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901899/
Harvey, J. Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to review a determination of respondent Commissioner of Education which revoked petitioner’s license to practice medicine in New York. *838Petitioner conducted a solo private practice of medicine in the Ci...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1496509/
155 Conn. 205 (1967) GABRIEL MALAFRONTE ET AL. v. PLANNING AND ZONING BOARD OF THE CITY OF MILFORD ET AL. Supreme Court of Connecticut. Argued April 6, 1967. Decided June 8, 1967. KING, C. J., ALCORN, HOUSE, COTTER and THIM, JS. *207 Pasquale Young, with whom, on the brief, were Robert I. Berdon and David D. Berdon, fo...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4156756/
No. 14 March 9, 2017 187 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Petitioner on Review, v. BELL MURPHY ANDERSEN, Respondent on Review. ...
01-03-2023
03-30-2017
https://www.courtlistener.com/api/rest/v3/opinions/6826219/
OPINION HORN, Judge. This case is before the court on defendant’s motion for summary judgment.1 Plaintiff, Big Chief Drilling Company (Big Chief), brought this action under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (1982). The jurisdiction of this court is uncontested under 41 U.S.C. § 609. The complaint ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901902/
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 5, 2011 in Franklin County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules. Petit...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901903/
Yesawich, Jr., J. Appeal from a judgment of the Supreme Court (Leary, J.), entered April 8, 1987 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. *841Petitioner, currently confined to the Washington Correctional Faci...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901904/
Yesawich, Jr., J. Appeal from an order of the Family Court of Clinton County (Feinberg, J.), entered September 8, 1986, *842which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 5, to adjudicate respondent as the father of a child born to Brenda UU. Petitioner commenced this proce...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901906/
Levine, J. Appeals (1) from an order of the Supreme Court (Fromer, J.), entered October 1, 1986 in Albany County, upon a verdict rendered in favor of plaintiff against defendant Bloomfield Building Wreckers, Inc., (2) from the judgment entered thereon, and (3) from an order of said court, entered June 30, 1987 in Alban...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901907/
Casey, J. Appeal from an order of the Family Court of Montgomery County (Aison, J.), entered January 12, 1987, which, in proceedings pursuant to Family Court Act article 4, inter alia, denied respondent’s application for modification of support payments. Respondent commenced a proceeding to modify an order fixing his c...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901908/
Mahoney, P. J. Appeal from a judgment of the Supreme Court (McDermott, J.), entered July 9, 1987 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to, inter alia, declare that ECL 23-2703 preempts zoning ordinances of respondent Town of New Scotland and authorizes pe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129224/
— Order affirmed on opinion of Barrett, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6714093/
Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 February 1998.
01-03-2023
07-20-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901911/
Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered November 9, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying petitioner’s grievance. While incarcerated at Great Mead...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901912/
Kane, J. P. Appeal from an order of the Supreme Court (Prior, Jr., J.), entered June 10, 1987 in *854Albany County, which granted plaintiffs’ motion for summary judgment. The instant dispute involves the lease of a parking lot located in the Town of Colonie, Albany County. The lease in question was executed on October ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4150779/
[Cite as State ex rel. Meilstrup v. Indus. Comm., 2017-Ohio-811.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT The State ex rel. David G. Meilstrup, : Relator, : v. ...
01-03-2023
03-07-2017
https://www.courtlistener.com/api/rest/v3/opinions/5901915/
Levine, J. Appeal from a judgment of the Supreme Court (Prior, Jr., J.), entered February 6, 1987 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Public Service Commission, inter alia, authorizing respondent Lawrence Park H...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901916/
Levine, J. Appeal from an order of Supreme Court (Prior, Jr., J.), entered November 6,1986 in Albany County, which denied the motion by plaintiff and third-party defendants to dismiss defendant’s counterclaim and third-party complaint. Plaintiff brought this action alleging legal malpractice on the part of defendant du...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901917/
Kane, J. P. Appeal from a *863judgment of the County Court of Broome County (Coutant, J.), rendered April 26, 1984, upon a verdict convicting defendant of the crime of robbery in the first degree. The instant case concerns a robbery that occurred at about 8:30 p.m. on October 21, 1983 at a restaurant located in the Cit...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901919/
Casey, J. Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 21, 1985, upon a verdict convicting defendant of the crime of rape in the first degree. Defendant was indicted for the crimes of rape in the first degree, in violation of Penal Law § 130.35 (3), and sexual abuse in the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129225/
— Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129226/
— Order reversed, with ten dollars costs and disbursements. Opinion Per Curiam.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129227/
Judgment affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129228/
— Judgment affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129230/
— Order affirmed, with ten dollars costs and disbursements, on the ground that the case is not one in which the Code has provided for the substituted service of a summons, and the court had no jurisdiction over the action.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901922/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 2011, as superceded by decision filed May 21, 2012, which determined representation fees for claimant’s representative in her application for unemployment insurance benefits. Kevin Watkins represented claimant in her successful claim for...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901923/
Mahoney, P. J. Appeal from a judgment of the County Court of Washington County (Leary, J.), rendered August 29, 1986, upon a verdict convicting defendant of, inter alia, the crimes of assault in the second degree (two counts) and operating a motor vehicle while under the influence of alcohol. At about 2:30 a.m. on Sept...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901924/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 2011, as superceded by decision filed May 21, 2012, which determined representation fees for claimant’s representative in her application for unemployment insurance benefits. Kevin Watkins represented claimant in her successful claim for...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901925/
Yesawich, Jr., J. Appeals (1) from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered April 1, 1987, which granted the People’s motion pursuant to CPL 440.40 to set aside defendant’s sentence following his conviction of the crime of attempted burglary in the second degree, after a hearing, and ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901926/
Mahoney, P. J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found that petitioners had willfully violated Labor Law article 8. In July 1983, petitioner Hull-Hazard, Inc., entered into a contract w...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901927/
Harvey, J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which, inter alia, denied petitioner’s application for accidental disability retirement benefits. In September 1983, while employed by...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129234/
— Order and judgment affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129236/
— Judgment reversed, new trial ordered, costs to abide event.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901930/
Levine, J. Appeal from an order of the Supreme Court (Torraca, J.), entered January 12, 1987 in Sullivan County, which, inter alia, denied plaintiff’s motion to dismiss defendants’ counterclaims and certain affirmative defenses and granted that part of defendants’ cross motion to dismiss the complaint and vacate a lis ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901933/
Judgment reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: On December 21, 1983 at approximately 2:00 a.m. Clarietta Nowden returned home after visiting a friend. She backed her automobile into her garage and as she got out of the automobile she was attacked by an armed assailant. A ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129237/
Order affirmed, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129238/
— Orders reversed, with ten dollars costs and disbursements in one case.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129239/
— Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129240/
— Order modified by striking out the words “ or any similar name, or any part thereof,” and affirmed as modified, without costs. '
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/551497/
918 F.2d 1198 James Roy CARTER, Petitioner-Appellant,v.James A. COLLINS, Director, Texas Department of CriminalJustice, Institutional Division, Respondent-Appellee. No. 89-6290 Summary Calendar.United States Court of Appeals,Fifth Circuit. Dec. 12, 1990. Bertrand C. Moser, Pannill, Moser, Mize & Herrmann, Houston, Tex...
01-03-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5913418/
Casey, J. Appeal from an order of the Supreme Court (Conway, J.), entered May 2, 1988 in Albany County, which denied defendant St. Clare’s Hospital’s motion for a protective order. Plaintiff’s discovery demands must first be considered in the light of the potential liability of defendant St. Clare’s Hospital (hereinaft...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5913419/
Casey, J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Rensselaer County) to review a determination of the Town Board of the Town of Schodack which removed petitioner from his position as a member of the Town of Schodack Planning Board. In 1979, petitioner ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901936/
unanimously affirmed. Memorandum: The indictment, in one count, charges that defendant "during 1984” sexually abused a seven-year-old child "on several occasions”. County Court properly denied defendant’s motions to dismiss the indictment because the motions were made more than 45 days after arraignment and defendant f...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901938/
—Order unanimously affirmed without costs. Memorandum: In affirming, we note that we are not called upon to decide whether the complaint states a cause of action. (Appeal from order of Supreme Court, Monroe County, Siracuse, J.— dismiss complaint.) Present—Dillon, P. J., Denman, Boomer, Pine and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901939/
—Order unanimously modified on the law and as modified, affirmed without costs, in accordance with the fol*889lowing memorandum: The complaint against defendants Marhatta and Mazzo should have been dismissed in its entirety. Nothing in the record supports a cause of action for malicious prosecution or slander against e...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901940/
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him, after a bench trial, of first degree assault and third degree criminal possession of a weapon, defendant’s sole contention is that the court erred in accepting his written jury waiver without inquiring whether defendant voluntarily, k...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901941/
—Order unanimously affirmed without costs. Memorandum: In this declaratory judgment action, plaintiffs seek a declaration that the election of Ivan M. Eaton as Town Councilman of the Town of East Otto was illegal, void and a nullity. Plaintiffs allege that the voting machine malfunctioned during the general election he...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129241/
—• Order reversed, without costs, and with leave to the respondents to accept the stipulation tendered and filed by the appellant within twenty days after service of the order to be-entered hereon, if they shall so elect.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/1556227/
798 F. Supp. 1234 (1992) CHRYSLER CREDIT CORPORATION v. WHITNEY NATIONAL BANK, et al. Civ. A. Nos. 91-1727, 91-4256 and 91-4257. United States District Court, E.D. Louisiana. July 1, 1992. *1235 *1236 McGlinchy, Stafford, Cellini, Lang, Rudy J. Cerone, Charles R. Penot, Anthony J. Rollo, New Orleans, for plaintiff. Mil...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/6129242/
— Order modified by striking out the part appealed from, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129243/
— Order modified by striking out the part appealed from, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6714144/
Petition by defendants (NCDHR and N.C. Dept, of Public Instruction) for writ of certiorari to review the decision of the North Carolina Court of Appeal denied 5 March 1998.
01-03-2023
07-20-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901942/
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 found petitioner guilty of violating certain prison disciplinary rules. *1023Petitioner commenced this CPLR article 78 proceeding challenging a tier II...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901943/
Judgment unanimously affirmed. Memorandum: The record establishes that at the time relator commenced this habeas corpus proceeding to challenge the timeliness of his parole revocation hearing, relator was incarcerated as a result of an unrelated conviction. Because he would not be eligible for immediate release from cu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901944/
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 found petitioner guilty of violating certain prison disciplinary rules. *1023Petitioner commenced this CPLR article 78 proceeding challenging a tier II...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901945/
Judgment unanimously reversed on the law, defendant’s motion to suppress granted and indictment dismissed. Memorandum: On appeal from a judgment convicting her of criminal possession of marihuana in the first degree, defendant’s primary claim is that a search warrant under which the marihuana was seized was not issued ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901946/
Judgment unanimously reversed on the law and as a matter of discretion in the interest of justice, and indictment dismissed without prejudice, in accordance with the following memorandum: Defendant was indicted for the crime of manslaughter in the second degree for the stabbing death of his brother Jay Emmick. After a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901947/
Order unanimously affirmed, without costs. Memorandum: Special Term properly dismissed plain*895tiffs causes of action for wrongful discharge, conversion and punitive damages. The court correctly determined that plaintiff was an employee at will (see, Martin v New York Life Ins. Co., 148 NY 117) and that defendant’s em...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129245/
— Judgment affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129246/
— Order affirmed,, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/1897923/
392 B.R. 274 (2008) In re BRICE ROAD DEVELOPMENTS, L.L.C., Debtor. General Electric Credit Equities, Inc., Appellant, v. Brice Road Developments, L.L.C. and Sir Kensington Associates, LLC, Appellees. BAP No. 06-8093. United States Bankruptcy Appellate Panel of the Sixth Circuit. Argued: May 13, 2008. Decided and Filed:...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/6822987/
No. 10,999 trademark for metal goods. Nos. 11,005 and 11,009 trademark for cutlery, scyther, sickles and hand tools.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901948/
Order unanimously affirmed without costs. Memorandum: Plaintiff Harold Kingsland was injured by the collapse of the apron of an ore bridge upon which he was working. The bridge was manufactured and installed by defendant Industrial Brown Hoist Co. in 1904 for plaintiff’s employer, Hanna Furnace Corp. (Hanna). Hanna per...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901949/
—Order insofar as appealed from unanimously reversed on the law without costs, defendant’s cross motion granted and complaint dismissed without prejudice, in accordance with the following memorandum: CPLR 3215 (c) requires Special Term to dismiss a complaint as abandoned when plaintiff fails to take proceedings for the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901950/
Order insofar as appealed from unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In 1984, plaintiff was injured when a Cricket butane gas lighter exploded. Defendant Gillette manufactured the lighter and redesigned it in 1981 by making the lighter valve...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901952/
Order affirmed without costs. Memorandum: The court’s award of custody to respondent father has a substantial basis in the record. Findings of the trial court should be accorded great weight and we are reluctant to substitute our judgment for that of the court, which heard the witnesses, evaluated their testimony and o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2042685/
83 Ill. 2d 277 (1980) 415 N.E.2d 350 RICHARD DUBIN et al., Appellees, v. MICHAEL REESE HOSPITAL AND MEDICAL CENTER, Appellant. No. 52558. Supreme Court of Illinois. Opinion filed December 1, 1980. Rehearing denied January 29, 1981. *278 Lord, Bissell & Brook (William P. Dorr, Harold L. Jacobson and Hugh C. Griffin, of ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/6129247/
— Order modified by reducing allowance to-each respondent to the sum of $500, and affirmed as modified, without costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129248/
— Judgment affirmed.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901955/
—Order unanimously modified on the law and as modified affirmed with costs to plaintiff-respondent, in accordance with the following memorandum: County Court properly affirmed the judgment awarding plaintiff damages based upon the jury verdict. However, it erred in reversing the trial court’s dismissal of the third-par...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901956/
Appeal from a judgment of the Supreme Court (McNamara, J.), entered March 14, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition. Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule following a March 3, 2011 ti...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901957/
Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that proof of intent to commit a crime in the premises he had broken into was legally insufficient and, therefore, he should have been convicted only of criminal trespass rather than burglary. The jury was instructed that it could co...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901958/
Judgment unanimously affirmed. Memorandum: On appeal from his conviction of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), defendant contends that the trial court’s admission of evidence of unc...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129250/
— Motion for resettlement denied.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129252/
Decree affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129254/
— Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129255/
— Order affirmed, with ten dollars costs and disbursements.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129256/
— Judgment affirmed, with costs.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823056/
Buchanan, J., delivered the opinion of the court. The plaintiff, Edward E. Duke, brought this action against Tidewater Construction Corporation, Raymond International, Inc., and Peter Kiewit Sons’ Co., joint venturers trading as Tidewater-Raymond-Kiewit, defendants, for damages for injuries received while aboard a barg...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823062/
Snead, J., delivered the opinion of the court. *169Leslie Nathaniel Harrison and Richard Linwood Pollard, defendants, were indicted for the crimes of robbery and rape. By consent the defendants’ cases were tried “simultaneously and jointly”. Motions made to strike the Commonwealth’s evidence at the conclusion thereof a...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5901960/
—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Defendants J. Jay Cassen and Sweet Shirts, Inc., are entitled to summary judgment in plaintiffs’ action against J. Jay Cassen, Sweet Shirts, Inc., Jean Cassen and May J. Scott. Plaintiffs’ complai...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534512/
HTTP/1.1 200 Date: Thu, 14 May 2020 21:11:10 GMT Content-Type: application/pdf
01-03-2023
05-14-2020