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https://www.courtlistener.com/api/rest/v3/opinions/5902043/
Order unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court erred in suppressing defendant’s sneakers because defendant was not "in custody” at the time he voluntarily removed them for a close look by the police officer. " ' "[C]ustody occurs if the suspect is ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902044/
Order unanimously affirmed. Same memorandum as in People v Miles ([appeal No. 1], 136 AD2d 958 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Marshall, J.—CPL art 440.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129278/
— Order affirmed, with ten dollars costs and disbursements. Opinion Per Ouriam.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129279/
Learned, P. J.: This is an action to foreclose a bond and mortgage of $1,000 given by Reynolds and his wife, defendants, to Loren Wilson, plaintiff’s testator. The defense was usury, in that the plaintiff agreed to loan the defendants $1,000, and was to receive a bonus of $50, and that he delivered them only $950, for ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129280/
Learned, P. J.: The plaintiff, a member of Hudson City Lodge of the Independ ent Order of Odd Fellows, sued the defendant, as treasurer of that lodge, to recover sixty-seven weeks’ “ benefits ” as a sick member, at four dollars per week, less sixty-seven dollars, which he had received from the lodge by payments at the ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129282/
BoaRdmaN, J.: The court below did not properly state the legal questions before the jury. Upon the evidence it is certainly a grave question whether the act charged and proved was larceny or malicious mischief. To constitute larceny there must have been a felonious, intent, animo furamdi or luori oaúsa. The malicious k...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129283/
Learned, P. J. (dissenting): As the opinion of the majority of the court rests upon one alleged error, I shall examine that only. There was evidence to justify the conclusion that the defendant took the horse wrongfully into his possession before the time when, *60as the jury might have found, he and others hilled it. ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129285/
LeaRNEd, P. J.: Franklin Bull, in April, 1879, was sick. He determined to change bis will previously made by adding a codicil, so as to give $3,000 to be equally divided among six nephews, of whom plaintiff is one. Lie stated that determination to George Bull, who was an executor of the existing will and tbe father of ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495485/
[Cite as State v. Crowthers, 2022-Ohio-2206.] COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO : JUDGES: ...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902047/
Pine, J. (dissenting). I must dissent, as I disagree with the majority’s position that, in order to avoid inconsistency, a finding by this court that the People provided a "sufficient ground for an extension” (Rules of App Div, 4th Dept, 22 NYCRR 1000.3 [a] [1]) must be equated with "a reasonable period of delay result...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902048/
Order unanimously reversed on the law without costs and plaintiff’s motion granted. Memorandum: In December 1981 the bank extended a loan to Cardoray Corporation which was guaranteed by defendant Morris Cramer. The guarantee was unconditional, absolute and continuing in nature and covered not only the 1981 indebtedness...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902049/
—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: The court erred in dismissing plaintiff’s complaint for failure to allege special damages. A cause of action based on a publication that is defamatory per se need not include an allegation of special damages (Miller v...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534549/
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 05/15/2020 12:08 AM CDT - 441 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports ...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/6129286/
Learned, P. J.: An examination of the evidence satisfies us that the learned justice was right in holding that there had been a failure to agree in reference to the proposed crossing. It cannot be necessary to refer to the evidence in detail. *73Nor do we think the point well taken that the negotiations with Mr. Sloan ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129287/
Learned, P. J.: The complaint avers that on the 8th day of June, 1882, George *76B. Wilson was the owner in fee of certain land ; that on that day he conveyed the same to the plaintiff, who went into possession, and is in possession and the owner; that the deed was recorded July 31, 1882; that on the 17th day of July, ...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129288/
Leaened, P. J.: We think that the strict requirements, established by numerous decisions, as to the contents of affidavits used on motions to change the place of trial are wise. Experience shows that, on these motions, parties often claim that more witnesses will be necessary than are actually called when the trial fin...
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129289/
Opinion by Learned, P. J. ■ Present — Learned, P. J., and Bocees, J.; Boardman, J., not acting. Judgment reversed, new trial granted, costs to abide event.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823068/
Eggleston, C. J., delivered the opinion of the court.1 Tony McCoy filed in this court a petition pro se against Charles M. Lankford, Jr., Judge of the Circuit Court of Accomack County, and J. Fulton Ayres, clerk of that court, praying that they be required to furnish him, without cost, certified copies of the arrest wa...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902051/
Judgment unanimously reversed on the law with costs, and petition granted, in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding to annul respondent’s determination to appropriate approximately five acres of petitioner’s property for a park and ride lot without complying with...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902052/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 8, 2011, which, among other things, charged claimant with a recoverable overpayment of emergency unemployment compensation benefits. Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902055/
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Onondaga County Court, Cunningham, J.—burglary, second degree.) Present—Callahan, J. P., Denman, Green, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902056/
Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Ontario County Court, Reed, J.—grand larceny, third degree.) Present—Dillon, P. J., Doerr, Boomer, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823069/
I’Anson, J., delivered the opinion of the court. Mack Wayne Belcher, defendant, was found guilty by a jury on a warrant charging him with operating an automobile while under the influence of alcohol in violation of an ordinance of the Town of Christiansburg, and his punishment was fixed at a fine of $200. Judgment was ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902057/
Order unanimously reversed on the law without costs and motion granted. Memorandum: County Court improvidently exercised its discretion in directing disclosure, pursuant to CPL 390.50 (2), of presentence reports prepared by the Department of Probation in juvenile delinquency and PINS proceedings (Family Ct Act § 351.1 ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902058/
—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Onondaga County Court, Cunningham, J.—sexual abuse, first degree.) Present—Callahan, J. P., Denman, Green, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902059/
—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Genesee County Court, Morton, J.—attempted robbery, second *969degree.) Present—Doerr, J. P., Boomer, Green, Balio and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902061/
—Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: Special Term should not have granted summary judgment on plaintiff’s third cause of action for counsel fees because the moving papers set forth no facts supporting the value of the legal...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902063/
—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from judgment of Chautauqua County Court, Adams, J.—criminal possession of stolen property, second degree.) Present—Callahan, J. P., Den-man, Boomer, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902065/
—Appeal unanimously dismissed as moot. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. —art 78.) Present—Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902066/
—Order and judgment unanimously affirmed with costs for reasons stated at Supreme Court, O’Donnell, J. (Appeal from order and judgment of Supreme Court, Oneida County, O’Donnell, J.—arbitration.) Present—Doerr, J. P., Boomer, Green, Balio and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826220/
OPINION REGINALD W. GIBSON, Judge: Introduction A. Preliminary Matters Plaintiff, Jon Hedman, a former County Executive Director for the Agricultural Stabilization and Conservation Service (ASCS) County Committee, Clay County, Minnesota (hereinafter County Committee), filed the instant complaint against the defendant...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902068/
—Judgment unanimously affirmed. Memorandum: Defendant appeals from judgments convicting him, on his guilty plea, of 13 counts of grand larceny in the second degree (Penal Law § 155.35) in full satisfaction of two indictments and four felony complaints involving forgeries and larcenies totaling in excess of $429,000. He...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902069/
Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of respondent Chief of Police denying petitioner’s application to renew an amusement center license was supported by substantial evidence (see, Merchants Rd. v Leach, 92 AD2d 719). The Chief of Police had the authori...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902070/
Judgment unanimously affirmed. Same memorandum as in People v Murphy ([appeal No. 1], 136 AD2d 969 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Dadd, J. —grand larceny, second degree.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902071/
Judgment unanimously affirmed. Same memorandum as in People v Murphy ([appeal No. 1], 136 AD2d 969 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Dadd, J. —grand larceny, second degree.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902072/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 26, 2011, which ruled that claimant’s request for a hearing was untimely. After losing her job, claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct. A notice of deter...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902073/
—Motion for reargument granted and upon reargument determination unanimously confirmed and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135). Cross motion to remand denied. Present—Denman, J. P., Green, Pine, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129291/
Judgment affirmed, with costs. Opinion by Learned, P. J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129292/
— Judgment and order reversed, new trial granted, costs to abide event. Opinion by Bockes, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129293/
Decree affirmed, with costs. Opinion by Boardman, J.; Bockes, J., dissenting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907357/
Judgment unanimously affirmed. Memorandum: We have reviewed all of the issues raised by defendant’s appellate counsel and by defendant pro se and we find that none has merit. We note specifically that there is no merit to defendant’s claim that he has been denied effective assistance of appellate counsel. We thus deny ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902075/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 26, 2011, which ruled that claimant’s request for a hearing was untimely. After losing her job, claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct. A notice of deter...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902076/
—Motion for reargument granted and upon reargument determination unanimously confirmed and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135). Cross motion to remand denied. Present—Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902077/
—Motion for permission to appeal as a poor person denied. Memorandum: The motion to appeal as a poor person is denied with leave to renew. The motion papers lack a financial affidavit sworn to by the appellants and an affidavit setting forth facts showing merit to the appeal (see, CPLR 1101; Matter of Teeter v Reed, 57...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902078/
—Motion to dismiss appeal denied. Memorandum: Motion denied as unnecessary. The appeal has been deemed abandoned pursuant to 22 NYCRR 1000.3 (b) (2) and no formal order to that effect is necessary. Present—Dillon, P. J., Doerr, Boomer, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902079/
—Order entered terminating suspension and reinstating petitioner as an attorney and counselor-at-law. Present—Dillon, P. J., Callahan, Doerr, Denman and Boomer, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902081/
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 certain prison disciplinary rules. In accordance with the pr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129294/
Judgment affirmed, with costs. Opinion by Boardman, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129295/
Judgment and conviction affirmed. Opinion by Learned, P. J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129296/
Judgment and order reversed, new trial granted, costs to abide event Opinion by Bockes, J., and Learned, P. J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129297/
Judgment reversed, new trial granted, costs to abide event. Opinion by Boardman, J.; Bockes, J., dissenting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129298/
— Judgment affirmed, with costs. Opinion by Boardman, J., and by Learned, P. J., dissenting.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129299/
Judgment and order reversed, new trial granted, costs to abide event. Opinion by Bockes, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902083/
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 certain prison disciplinary rules. In accordance with the pr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2075782/
780 N.E.2d 352 (2002) 335 Ill. App. 3d 429 269 Ill. Dec. 167 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brett RODGERS, Defendant-Appellant. No. 5-01-0324. Appellate Court of Illinois, Fifth District. November 19, 2002. *353 Jack Strellis, Strellis, Faulbaum, Walsh & Field, Waterloo; Stephen C. Buser, L...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902085/
OPINION OF THE COURT Kassal, J. At approximately 11:15 p.m. on November 19, 1984, Police Officers Joseph Hamilton, Kenneth Donohue and Jeffrey Tim-merman, members of the New York Police Department Taxi Robbery Squad, were in plain clothes and patrolling in an unmarked vehicle heading north on Bradhurst Avenue in upper ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902086/
OPINION OF THE COURT Rosenberger, J. Plaintiff AT&T Information Systems, Inc. (Information Systems), a Delaware corporation licensed to do business in this State, was formed in 1982 to sell and lease telephones and related equipment, pursuant to the Federal Communications Commission (FCC) directives effecting deregulat...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902087/
Egan Jr., J. Cross appeals from an order of the Supreme Court (Kramer, J.), entered October 3, 2011 in Schenectady County, which, among other things, partially granted defendants’ motions for summary judgment dismissing the complaint. Plaintiff Joseph A. Melino is the president of plaintiff Calabrese Bakeries, Inc., a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902088/
OPINION OF THE COURT Harvey, J. At approximately 5:30 p.m. on July 28, 1986, defendant was seen driving a car in a very erratic manner. Two witnesses, Caryn Ely and Tammy Brick, observed defendant’s erratic driving and watched as she nearly hit some bicyclists. Ely and Brick followed defendant into a bar parking lot. B...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902090/
OPINION OF THE COURT Weinstein, J. Our focus on the instant appeal is directed to the propriety of granting a preliminary injunction against a former employee barring the employee from soliciting, servicing or doing business with customers of his former employer in violation of the terms of an alleged employment agreem...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902091/
Egan Jr., J. Cross appeals from an order of the Supreme Court (Kramer, J.), entered October 3, 2011 in Schenectady County, which, among other things, partially granted defendants’ motions for summary judgment dismissing the complaint. Plaintiff Joseph A. Melino is the president of plaintiff Calabrese Bakeries, Inc., a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902092/
OPINION OF THE COURT Levine, J. Plaintiff operates as both an air express transportation company providing expeditious air delivery of smaller packages and documents throughout the country and as an air freight forwarder for air shipments of heavier cargo nationwide and throughout the world. The services provided in th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902093/
OPINION OF THE COURT Bracken, J. The question presented for our determination is whether *36the plaintiff Helene Firestein’s application for, and acceptance of, workers’ compensation benefits preclude her from bringing a separate common-law action to recover damages based on subsequent acts of negligence committed by a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902094/
OPINION OF THE COURT Mahoney, P. J. In November 1986 defendants were indicted and charged, in various combinations, with possession and sale of controlled substances, attempt to commit the same and conspiracy, based on evidence that they were part of a drug distribution ring. A crucial portion of that evidence was obta...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902095/
OPINION OF THE COURT Carro, J. Twenty-six years ago, just before the Beatles exploded onto the musical scene and were still relatively unknown musicians, they entered into a standard form agreement with defendant EMI Records Limited (EMI), granting EMI the exclusive right to distribute Beatles’ recordings worldwide, in...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902098/
OPINION OF THE COURT Casey, J. P. At issue on this appeal is whether General Obligations Law § 9-103, which limits a landowner’s liability when his premises are used for certain recreational purposes, applies to property which is located within the city limits of the City of Amsterdam, Fulton County, and is neither rem...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902099/
Harvey, J. (dissenting). I agree with the majority that General Obligations Law § 9-103 is not limited to wilderness, remote or undeveloped land. I further agree that the test as to whether the property should be afforded the protection of the *68statute is whether it is "of the type that would ordinarily be frequented...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129300/
Judgment and conviction reversed and new trial granted. Opinion by Learned, P. J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826222/
OPINION REGINALD W. GIBSON, Judge: Introduction Plaintiff, John C. MacMurray, in this military benefits pay case, initially brought suit, in 1984, in the Chancery Court of the *324Second Judicial District of Harrison County, Mississippi. There he sought a declaration that his missing sister, Marguerite M. Mayden, was...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902100/
*1039Appeal from a judgment of the Supreme Court (Lawliss, J.), entered January 6, 2012 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. Following a new trial ordered after petitioner’s prior conviction was reversed (Pe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902101/
*71OPINION OF THE COURT Per Curiam. Respondent Charles E. Morrison was admitted to the practice of law by the First Department on September 26, 1977. He is a sole practitioner, with an office in Manhattan, and specializes in civil rights litigation. On October 27, 1987, petitioner Departmental Disciplinary Committee se...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902105/
OPINION OF THE COURT Per Curiam. Respondent Robert Vincent Shannon was admitted to prac*94tice as an attorney and counselor-at-law in the State of New York by the Appellate Division, Second Department, on March 26, 1958. He is currently registered with the Office of Court Administration as having a business address in ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902106/
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. During the course of an investigation, a correction sergeant received confident...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4125850/
MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 29 Docket: Was-16-33 Argued: October 27, 2016 Decided: February 14, 2017 Panel: SAUFLEY, C.J...
01-03-2023
02-14-2017
https://www.courtlistener.com/api/rest/v3/opinions/4149307/
Cite as 2017 Ark. App. 115 ARKANSAS COURT OF APPEALS DIVISION I No. CV-16-1001 Opinion Delivered: March 1, 2017 JUAN TERRONES APPELLA...
01-03-2023
03-01-2017
https://www.courtlistener.com/api/rest/v3/opinions/5902108/
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. During the course of an investigation, a correction sergeant received confident...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902109/
OPINION OF THE COURT Asch, J. This is an application by appellate counsel to be permitted *103to withdraw. Since this particular motion raises questions which are likely to recur, we feel it appropriate to explain the obligations of counsel on such an application. The assigned counsel states that he has complied with P...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902110/
OPINION OF THE COURT Mercure, J. Defendant was indicted on various counts of promoting prostitution in connection with his involvement with Diane Lyman and a 15-year-old girl during October and November 1982 at the Skylane Motel in the Town of Colonie, Albany County. Based upon statements made by Lyman and the girl, De...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902111/
OPINION OF THE COURT Per Curiam. After an investigation initiated in this court, the Departmental Disciplinary Committee (DDC) has moved for an order revoking respondent’s admission to the practice of law. Respondent was admitted in the First Department on July 7, 1970. The motion is made pursuant to Judiciary Law § 90...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902112/
Smith, J. (dissenting). I dissent because a person who has been admitted to the Bar for 17 years should not have his admission summarily revoked without a hearing and without any communication from the Board of Law Examiners (Board), the body which certified that he was eligible to be admitted. Respondent was admitted ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902113/
OPINION OF THE COURT Bracken, J. On this appeal, the plaintiff landowner claims that the application of a local zoning ordinance to its land is unconstitutional. This claim is premised not so much upon an assertion that the restriction on land use contained in the ordinance constitutes a "taking” of its property in vi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129301/
— Judgment and conviction reversed and prisoner discharged. Opinion by Bockes, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129303/
Judgment reversed, new trial granted, referee discharged, costs ■ to abide event. Opinion by Boardman, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129304/
Decree affirmed, with costs against appellant. Opinion by Boardman and Bockes, JJ.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907358/
Order unanimously affirmed with costs for reasons stated in the decision at Supreme Court, Shaheen, J. (Appeal from order of Supreme Court, Oneida *515County, Shaheen, J. — substitution of plaintiff.) Present — Dillon, P. J., Doerr, Green and Pine, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823508/
Electric furnace.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902116/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 9, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Claimant was employed as an assistant manager for a college food service provider....
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902117/
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 9, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Claimant was employed as an assistant manager for a college food service provider....
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902119/
OPINION OF THE COURT Hooper, J. The principal issue to be addressed on appeal is whether the court properly declined to charge the jury—as requested by the defendant—that two prosecution witnesses be deemed accomplices as a matter of law for the purposes of the corroboration requirements set forth in CPL 60.22. For the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902120/
OPINION OF THE COURT Kane, J. P. On the evening of June 24, 1983, plaintiff Margaret A. Sheehy (hereinafter Sheehy), then age 17, was struck by an automobile while crossing the public highway at the intersection of State Route 352 and River Street in the Town of Big Flats, Chemung County. She was proceeding from the pr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902122/
OPINION OF THE COURT Sullivan, J. The Insurance Company of the State of Pennsylvania (Pennsylvania) appeals from an order which, inter alia, granted summary judgment to Varda, Inc., its insured, as to liability only, and dismissed the action against Varda’s broker, Seiger & Smith, Inc. and its president, Steven A. Vasa...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902124/
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 placed on keeplock status pending an investiga...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902125/
OPINION OF THE COURT Kane, J. Plaintiff Lawrence Putnick (hereinafter plaintiff) is an employee of a subcontractor, third-party defendant Turner Telecommunications Systems Corporation (hereinafter Turner Telecommunications), a party to a contract with defendant Electronic Business Systems Corporation (hereinafter Elect...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6129305/
Judgment of County Court and of Justices’ Court reversed, with costs. Opinion by Bockes, J.
01-03-2023
02-04-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826223/
OPINION REGINALD W. GIBSON, Judge: INTRODUCTION Plaintiff, Raymark Industries, Inc. (hereinafter plaintiff or Raymark), a Connecticut corporation engaged in the manufacture of truck parts, filed this federal excise tax refund suit against the United States (defendant herein) on April 8, 1986. Therein plaintiff seeks a ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902126/
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 placed on keeplock status pending an investiga...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1737028/
535 F. Supp. 1353 (1982) Vivien BONIUK, Plaintiff, v. NEW YORK MEDICAL COLLEGE, Michael Dunn, Al Lowenfels, Tom Cottrell, Donald Gromisch, Edward Wasserman, Samuel Rubin and John Keane, Defendants. No. 80 Civ. 6011 (ADS). United States District Court, S. D. New York. April 12, 1982. *1354 Alan E. Bandler, P. C., New Yo...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902128/
OPINION OF THE COURT Ross, J. This appeal presents us with an issue of whether, when an accused is removed, pursuant to a court order, from his place of incarceration to a station house to appear in a lineup concerning a specific case, the right to counsel continues to attach, if thereafter, upon the basis of the same ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902129/
OPINION OF THE COURT Per Curiam. The respondent was admitted to practice by this court on October 14, 1959. *204In this proceeding the Special Referee sustained a single charge of misconduct against the respondent alleging that he engaged in conduct that adversely reflected on his fitness to practice law by charging a ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902130/
OPINION OF THE COURT Kane, J. P. In early 1985, respondent American REF-FUEL Company of Hempstead (hereinafter REF-FUEL) began negotiations with petitioner, Long Island Lighting Company (hereinafter LILCO), regarding LILCO’s purchase of electricity from REF-FUEL, as required by statute (see, Public Service Law § 66-c)....
01-03-2023
01-13-2022