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https://www.courtlistener.com/api/rest/v3/opinions/4534516/ | RANDALL S. LUDEMANN, )
)
Movant-Appellant, )
)
v. ) No. SD36237
... | 01-03-2023 | 05-14-2020 |
https://www.courtlistener.com/api/rest/v3/opinions/5901961/ | —Order unanimously reversed on the law without costs and summary judgment granted to defendants J. Jay Cassen and Sweet *911Shirts, Inc. Same memorandum as in Goodwin v Cassen ([appeal No. 1], 136 AD2d 910 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Curran, J.— summary judgment.) Present—Di... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901963/ | —Appeal unanimously dismissed without costs. Same memorandum as in Public Serv. Truck Renting v Ambassador Ins. Co. ([appeal No. 1], 136 AD2d 911 [decided herewith].) (Appeal from order of Supreme Court, Erie County, Mintz, J.—change of venue.) Present—Dillon, P. J., Green, Pine, Balio and Lawton, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129257/ | — Reargument ordered on the authority of McGuire v. Spence (91 N. Y., 303). | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129258/ | — Judgment reversed, new trial ordered, costs to abide event. Opinion by
Davis, P. J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129259/ | — Motion for reargument denied. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901964/ | —Judgment unanimously modified on the law and as modified affirmed with costs to defendant Anderson, in accordance with the following memorandum: Defendant Anderson appeals from an order and judgment entered following a jury trial, wherein the jury awarded compensatory damages of $8,500 and punitive damages of $2,500 f... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901965/ | Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 15, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant scheduled a two-week vacation in order to travel to Russia, despite having... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901966/ | Judgment unanimously reversed on the law and new trial granted on the issue of punitive damages only, unless plaintiff shall within 30 days of the service of the order herein, with notice of entry thereof, stipulate that the punitive damage award against defendants Delporte be reduced to $120,000 and the punitive damag... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901967/ | Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 15, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant scheduled a two-week vacation in order to travel to Russia, despite having... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901968/ | Order unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Pozzanghera v Anderson ([appeal No. 1], 136 AD2d 912 [decided herewith]). (Appeal from order of Supreme Court, Genesee County, Graney, J.—assault, false arrest.) Present—Dillon, P. J., Green, Balio and... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901969/ | Judgment unanimously affirmed. Memorandum: Defendant maintains on this appeal that the trial court’s instructions to the jury defining reasonable doubt improperly shifted the burden of proof. While it is apparent that the trial court misspoke during its charge to the jury when it used the word "innocence” instead of gu... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129261/ | — Order reversed, with ten dollars costs and disbursements, and motion directed to be heard at Special Term on its merits. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129262/ | Motion granted so far as to allow a further order to be entered certifying the decision of this court to .the surrogate, with the award of costs as taxed, and the copies of the papers returned by the surrogate, and vacating the judgment, entered in this court for the recovery of costs, so that the surrogate may proceed... | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901971/ | Judgment unanimously affirmed. Memorandum: Defendants were not denied their statutory right to a speedy trial (CPL 30.30). The People announced their readiness for trial at arraignment, 6 months and 2 days after commencement of the criminal action. Excluded from the time chargeable to the People, in the case of Wayne H... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901972/ | Judgment unanimously affirmed. Memorandum: We conclude that the evidence, viewed in the light most favorable to the People, was legally sufficient to support defendant’s conviction of criminal possession of a weapon in the third degree. Further, we find that the evidence established defendant’s guilt beyond a reasonabl... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901973/ | Judgment unanimously affirmed. Same memorandum as in People v Hughes (136 AD2d 916 [decided herewith]). (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.—robbery, second degree.) Present—Callahan, J. P., Denman, Boomer, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901974/ | Judgment affirmed (see, People ex rel. Gneco v New York State Div. of Parole, 134 AD2d 389). Callahan, J. P., and Lawton, J., concur; Boomer, J., concurs in the following memorandum. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901975/ | Boomer, J.
(concurring). I concur in the decision of the majority to affirm on the authority of People ex rel. Gneco v New York State Div. of Parole (134 AD2d 389). In addition, I would affirm for the following reasons.
The issue urged by petitioner was not raised in the petition and was not an issue before Supreme Cou... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/50577/ | United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
... | 01-03-2023 | 04-26-2010 |
https://www.courtlistener.com/api/rest/v3/opinions/5901976/ | Denman and Davis, JJ.
(dissenting). We respectfully dissent. We cannot agree with the decision of the majority and with the determination in People ex rel. Gneco v New York State Div. of Parole (134 AD2d 389) relied upon by the majority.
In this CPLR article 78 proceeding challenging the Board of Parole’s determination... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901977/ | 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Following an investigation, peti... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129263/ | — Order affirmed, with ten dollars costs and disbursements. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129264/ | Order affirmed ; opinion by
Brady, J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901978/ | —Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Defendant appeals from an order granting plaintiffs motion for summary judgment in its action to enforce defendant’s personal guarantee... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901979/ | 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Following an investigation, peti... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901980/ | —Judgment affirmed (see, People ex rel. Gneco v New York State Div. of Parole, 134 AD2d 389).
Callahan, J. P., and Lawton, J., concur.
Boomer, J. concurs in the same memorandum as in Matter of Williams v Smith ([appeal No. 1], 136 AD2d 917 [decided herewith]).
Denman and Davis, JJ., dissent and vote to reverse and gran... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901981/ | —Appeal unanimously dismissed as academic without costs. Same memorandum as in Commercial Credit Seros. Corp. v Cosgriff ([appeal No. 1], 136 AD2d 922 [decided herewith]). (Appeal from order of Supreme Court, Erie County, McGowan, J.—vacate temporary restraining order.) Present—Callahan, J. P., Denman, Boomer, Lawton a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901983/ | —Order unanimously reversed on the law with costs, and summary judgment granted defendants, in accordance with the following memorandum: In this action by the vendor under a contract to sell real property, defendants, the buyers, appeal from an order denying their motion seeking summary judgment dismissing the complain... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4135951/ | aDIg- ?IlxcxAs
Overruled by amendment to
Aus- 11. .rEzsas Art. 45.04, C.C.P. and to
.--60th
Arta. 998 and1967... | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/6129265/ | — Order vacated and argument ordered. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129266/ | Motion for reargument denied, with ten dollars costs. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6712947/ | Petition by Attorney General for writ of certiorari to review the decision of the Court of Appeals allowed 3 April 1996. The Supreme Court ex mero motu vacates its prior denial of the defendant’s petition for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31 and now allo... | 01-03-2023 | 07-20-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901985/ | —Judgment unanimously affirmed without costs. Memorandum: From our review of the record we conclude that the town complied with the State Environmental Quality Review Act (SEQRA). It also took a "hard look” at the relevant areas of environmental concern in its draft and final environmental impact statements and gave a ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901986/ | Judgment unanimously affirmed. Memorandum: We find the evidence legally sufficient to sustain defendant’s conviction for burglary in the second degree. Although defendant and the occupant of the burglarized cottage were friends and he had stayed at the cottage overnight on two occasions, this relationship is of no mome... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901988/ | held, decision reserved, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting defendant of first degree rape and related crimes, defendant, a black person, claims that the prosecutor impermissibly used peremptory cha... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901989/ | 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.
Petitioner, a prison inmate, was charged in a misbehavior report with refusing ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2205751/ | 205 Md. 489 (1954)
109 A.2d 85
TEMMINK ET AL.
v.
BOARD OF ZONING APPEALS FOR BALTIMORE COUNTY ET AL.
[No. 8, October Term, 1954.]
Court of Appeals of Maryland.
Decided November 18, 1954.
*492 The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
W. Lee Harrison, with whom were Mic... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/6129267/ | — Judgment reversed, order of reference vacated, new trial ordered at circuit, costs to abide event. Opinion by
Daniels, J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823063/ | I’Anson, J.,
delivered the opinion of the court.
Plaintiff, Hazel Terry Ann Bohon, an infant seven years of age, brought this action by her mother and next friend to recover for personal injuries received when the bicycle on which she was riding as a passenger was struck by an automobile operated by the defendant, Step... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901993/ | Order unanimously reversed on the law with costs and motion denied. Memorandum: On July 29, 1984, Amy and Brian Parker hosted a birthday party at their home. Brian Parker and a guest erected a volleyball net in the backyard and later, Louis Arces and his family arrived with a slip-n-slide game. This toy consists of a p... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901994/ | Order unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff commenced this action for injuries arising out of treatment in the hospital by defendant doctors, who prescribed anticoagulant drugs, including Coumadin, manufactured by defendant Du Pont Pharmaceuticals (Du Pont). Plaintiff a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901995/ | Appeal unanimously dismissed without costs as academic. (Appeal from order of Supreme *934Court, Cattaraugus County, Ricotta, J.—renewal.) Present— Doerr, J. P., Green, Pine, Balio and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901996/ | Order unanimously affirmed with costs (see, Herman v Wesgate, 94 AD2d 938). (Appeal from order of Supreme Court, Erie County, Rath, J.—summary judgment.) Present—Doerr, J. P., Green, Pine, Balio and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901998/ | 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129268/ | ' Reargument denied. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129269/ | — Order modified, so far as to credit the receiver with the sum of $312.90, and affirmed as modified. Opinion by Daniels, J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129270/ | — Order reversed and proceedings remanded for further action, as directed in opinion. Opinion
Per Ouriam. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901997/ | Order unanimously affirmed. Memorandum: While patroling at 10:30 p.m. in an area known for drug trafficking, two officers in an unmarked car observed a group of males congregated about a van parked at a curb. Persons were observed going in and out of the van, and one of the officers saw defendant extend his hand toward... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6777801/ | Certified Question of State Law, No. 397CV7484. On motion to strike brief amicus curiae. Motion denied. | 01-03-2023 | 07-21-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5901999/ | 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902000/ | Order unanimously affirmed without costs for reasons stated at Erie County Court, La Mendola, J. (see also, Matter of Girrbach v Levine, 132 AD2d 41). (Appeal from order of Erie County Court, La Mendola, J.—vacate foreclosure sale.) Present—Doerr, J. P., Green, Pine, Balio and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902001/ | Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting on redirect examination a prior consistent statement of Deputy Richards. We agree. A party may not bolster the testimony of his witness through the use of prior consistent statements unless the witness’s testimony has ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902003/ | Judgment unanimously affirmed. Memorandum: Defendant contends that the court’s instructions on circumstantial evidence proving intent were inadequate and prejudicial; that the court’s instructions on impeachment of credibility by evidence of prior conviction were inadequate and prejudicial; that the court’s instruction... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129271/ | — Order affirmed,-with ten dollars costs and disbursements. Opinion by
Davis, P. J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129272/ | — Order affirmed, without costs. Opinion
Per Ouriam. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129273/ | Order affirmed, with ten dollars costs and disbursements to be charged upon the appellant personally. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129274/ | Judgment ordered for plaintiff upon the case submitted. Opinion by
Daniels, J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129275/ | — Order affirmed, with ten dollars costs and disbursements. Opinion by
Brady, J. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902005/ | —Judgment unanimously reversed on the law without costs, and complaint reinstated. Memorandum: Petitioners commenced a CPLR article 78 petition to annul an amendment by the Town Board of the Town of Kirkland to its Zoning Ordinance, which rezoned approximately two acres of land from R-20 (Residential) to C-l (Commercia... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6712948/ | Motion by Attorney General to dismiss the appeal for lack of substantial constitutional question allowed 3 April 1996. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 3 April 1996. | 01-03-2023 | 07-20-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823064/ | Gordon, J.,
delivered the opinion of the court.
The indictment in this case charged James Junior Sullivan with burglary of the Alexandria Housing Authority office on March 26, 1966. The trial court, sitting without a jury, convicted Sullivan of burglary and imposed a ten-year sentence. On this appeal Sullivan con*202te... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902007/ | —Order unanimously affirmed without costs. Memorandum: Special Term properly granted summary judgment to defendant landlord dismissing plaintiff’s action for damages caused when she was bitten by a dog harbored by defendant’s tenant. In support of her motion, defendant landlord submitted sworn testimony at an examinati... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902008/ | Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 9, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.
Petitioner commenced this CPLR article... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902009/ | —Order unanimously affirmed with costs. Memorandum: Parties to a real estate contract have an implied obligation to deal fairly and to act in good faith (McKenna v Case, 123 AD2d 517; Norgate Homes v Central State Bank, 82 AD2d 849) and where no time is expressed in the agreement for the performance of conditions, ther... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129276/ | — Judgment affirmed on the authority of Hebrew Free School Association v. Mayor (4 Hun, 446). | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/1362208/ | 48 Haw. 152 (1964)
397 P.2d 593
STATE OF HAWAII
v.
HAWAIIAN DREDGING COMPANY, ET AL., AND JUE ANAMI, DAVID KAKALIA, KOMAYE OISHI, ET AL.
Nos. 4277, 4347.
Supreme Court of Hawaii.
November 27, 1964.
TSUKIYAMA, C.J., CASSIDY, WIRTZ, JJ., CIRCUIT JUDGE OKINO IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE JAMIESON ... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5902010/ | Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 9, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.
Petitioner commenced this CPLR article... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6823066/ | Gordon, J.,
delivered the opinion of the court.
The issue in this case is whether the appellant, Hawkeye-Security Insurance Company, or the appellee, Bituminous Casualty Company, must pay compensation to Robert McDaniel for his disability beginning April 24, 1967 resulting from an occupational disease.
McDaniel, a ceme... | 01-03-2023 | 07-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902012/ | Appeal unanimously dismissed without costs as academic. Same memorandum as in Whitaker v Kidd ([appeal No. 2], 136 AD2d 941 [decided herewith]). (Appeal from judgment of Supreme Court, Monroe County, Maas, J.—indemnification.) Present—Dillon, P. J., Boomer, Balio, Lawton and Davis, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902016/ | Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to dismiss pursuant to CPL 30.30. The period from July 2, 1985 to October 15, 1985 was properly excluded. The record clearly establishes that defendant either requested or consented to adjournments in City Court for plea negotiation... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902017/ | Orders unanimously reversed on the law and facts without costs, and matter remitted to Oneida County Family Court for further proceedings, in accordance with the following memorandum: The parties were divorced in March 1984, as a result of respondent’s cruel and inhuman treatment of petitioner. The divorce decree incor... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902018/ | Judgment unanimously affirmed. Memorandum: Although defendant did not inflict the fatal wound, the evidence, viewed in the light most favorable to the People (People v Way, 59 NY2d 361, 365), demonstrates that he and codefendant Damon Hill entered the victim’s cell together, that defendant struck the victim with a weig... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5905995/ | Appeal by the defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered January 3, 1984, convicting him of sodomy in the first degree, upon a 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/5902019/ | 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902020/ | —Order unanimously modified on the law to grant plaintiff’s motion to consolidate actions Nos. 1 and 2 for a joint trial in Niagara County and, as modified affirmed without *948costs. Memorandum: Special Term’s award of counsel fees pursuant to CPLR 6315 was proper even though defendant’s application was brought on by ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902021/ | 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR a... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902022/ | —Judgment unanimously modified on the facts and as modified affirmed without costs, in accordance with the following memorandum: The court failed to give defendant credit for the sum of $5,500 which plaintiff concedes was paid. Defendant, however, has not established that she is entitled to any further relief. Thus the... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902023/ | —Judgment unanimously reversed *949on the law, motion granted and indictment dismissed. Memorandum: We previously held this case, reserved decision, and remitted the matter to Supreme Court for a hearing and for findings of fact on defendant’s motion to dismiss the indictment (People v Grant, 127 AD2d 965). Defendant c... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902025/ | —Order and judgment unanimously affirmed with costs for reasons stated at Supreme Court, Finnerty, J. (Appeal from order and judgment of Supreme Court, Monroe County, Finnerty, J.—enforce mechanic’s lien.) Present—Callahan, J. P., Doerr, Denman, Green and Pine, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5907293/ | 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 July 27, 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/5907294/ | Mercure, J.
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered July 6, 1987, convicting defendant upon his plea of guilty of the crime of sodomy in the first degree.
A 10-count indictment was filed charging defendant with sodomy in the first degree (two counts) and sexual abuse in the firs... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902029/ | Order unanimously reversed on the law without costs and disposition vacated. Same memorandum as in Matter of Tomika M. ([appeal No. 1], 136 AD2d 951 [decided herewith]). (Appeal from order of Erie County Family Court, Notaro, J.—violation of *952probation.) Present—Dillon, P. J., Callahan, Doerr, Green and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902030/ | Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 1, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.
Claimant was employed as a salesperson at a retail mattress store. In April 2011, a customer... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6129277/ | —Order reversed, writ of habeas corpus' discharged, and the children remanded. Opinion
Per Ouriam. | 01-03-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902031/ | Order unanimously reversed on the law without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Respondent appeals from an order adjudicating her a person in need of supervision and placing her on probation for 12 months. Respondent also appeals... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4150831/ | Filed 3/7/17 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2017 ND 51
State of North Dakota, Plaintiff and Appellee
v.
Jesse Gene White, Defendant and Appellant
No. 20160227
Appeal from the District Court of Burleigh County, South Central Judicial District,... | 01-03-2023 | 03-07-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/2600195/ | 86 P.3d 954 (2004)
207 Ariz. 374
Bernadette BARRETT and William Barrett, both individually, and as wife and husband, and as surviving parents of Emily Barrett, deceased, Plaintiffs-Appellants,
v.
Thomas HARRIS, M.D. and Patricia Harris, his wife; Neonatology Associates, Ltd., an Arizona business entity, Defendants-Appe... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/4167429/ | Cite as 2017 Ark. App. 303
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-16-1046
Opinion Delivered: May 10, 2017
KHALEELAH BROWN
APPELLANT APPEAL F... | 01-03-2023 | 05-10-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/5902032/ | Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 1, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.
Claimant was employed as a salesperson at a retail mattress store. In April 2011, a customer... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902033/ | Order unanimously affirmed with costs. Memorandum: Special Term properly denied summary judgment. These claims are predicated upon a violation of the *953Dram Shop Act (General Obligations Law § 11-101). The statute was enacted to compensate persons injured as a result of the illegal sale of alcoholic beverages (Scheu ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902034/ | Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court improvidently exercised its discretion by granting the motion of defendant Wierzbieniec for a protective order precluding use of a notice to admit upon the ground that the statements had ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902036/ | —Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Petitioners, The Herald Company and Sara Gillen, a reporter, made a written request pursuant to the Freedom of Information Law (FOIL) to the respondent, County of Onondaga, for access to "records ... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902037/ | —Order unanimously affirmed with costs. Same memorandum as in Renzo v Tops Friendly Mkts. (136 AD2d 952 [decided herewith].) (Appeal from order of Supreme Court, Erie County, Fudeman, J.—summary judgment.) Present—Dillon, P. J., Callahan, Doerr, Green and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902038/ | Judgment unanimously affirmed without costs. Memorandum: Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant in a medical malpractice action. He also appeals from an order denying his motion to compel the panel members to sign the formal written recommendation report. In the first appeal... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902039/ | Order unanimously affirmed without costs. Same memorandum as in Fallon v Loree ([appeal No. 1], 136 AD2d 956 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Marshall, J.—medical malpractice.) Present—Dillon, P. J., Callahan, Doerr, Green and Balio, JJ. | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902428/ | Appeal by the defendant from a judgment of the Supreme Court, Kings County (Finnegan, J.), rendered December 18, 1986, convicting him of grand larceny in the third degree and criminal possession of stolen property in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902040/ | Appeal from a judgment of the Supreme Court (Cerio Jr., J.), entered June 18, 2012 in Chemung County, which dismissed *1030petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.
Petitioner commenced this CP... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902041/ | Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of first degree burglary, second degree robbery (three counts), and possession of burglar’s tools, defendant raises several contentions, none of which requires reversal. Defendant was not deprived of a fair trial by prosecutorial miscon... | 01-03-2023 | 01-13-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5902042/ | Appeal from a judgment of the Supreme Court (Cerio Jr., J.), entered June 18, 2012 in Chemung County, which dismissed *1030petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.
Petitioner commenced this CP... | 01-03-2023 | 01-13-2022 |
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