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https://www.courtlistener.com/api/rest/v3/opinions/5902324/
In a proceeding pursuant to Mental Hygiene Law article 77 for the appoint*529ment of a conservator, the appeal is from so much of a judgment of the Supreme Court, Westchester County (Cerrato, J.), dated March 24, 1986, as, inter alia, (1) appointed the petitioner Carl J. Franzetti as a coconservator; (2) declined to ap...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902325/
In a proceeding pursuant to CPLR article 78 to review a determination of James E. Sullivan, Superintendent of the Sing Sing Correctional Facility (hereinafter the Superintendent), dated December 14, 1986, which, after a hearing, found the petitioner guilty of violating rules 108.10, 109.11 and 118.10 of the Standards o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902326/
Mercure, J.P. 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a police officer, applied for accidental ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902327/
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Environmental Conservation, dated September 18, 1986, which, after a hearing, denied the petitioner’s application for tidal wetlands variances under Environmental Conservation Law article 25. Adjudged that the dete...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902329/
In a support proceeding pursuant to Family Court Act article 4, Samuel Miller appeals from (1) an order of the Family Court, Westchester County (Miller, J.), entered July 23, 1986, which, pursuant to the findings of Hearing Examiner Lefkowitz, inter alia, denied his petition for downward modification of his temporary s...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902330/
Garry, J. Appeal from a decision of the Workers’ Compensation Board, filed February 10, 2012, which ruled that the employer is entitled to reimbursement from the Special Disability Fund. Claimant had been working for the self-insured employer for almost 20 years, most recently as its transportation coordinator, when sh...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2177373/
229 Cal. App. 3d 209 (1991) 280 Cal. Rptr. 766 AIM INSURANCE COMPANY, Plaintiff, Cross-defendant and Respondent, v. JAMES CULCASI, Defendant, Cross-complainant and Appellant. Docket No. H006828. Court of Appeals of California, Sixth District. April 10, 1991. *212 COUNSEL George S. Roberts for Defendant, Cross-complaina...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902332/
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Torres, J.), dated July 14, 1986, which, upon a fact-finding order of the same court, dated April 17, 1986, made after a hearing, finding that appellant had committ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902333/
Garry, J. Appeal from a decision of the Workers’ Compensation Board, filed February 10, 2012, which ruled that the employer is entitled to reimbursement from the Special Disability Fund. Claimant had been working for the self-insured employer for almost 20 years, most recently as its transportation coordinator, when sh...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902336/
Mercare, J.P. Appeal from a decision of the Workers’ Compensation Board, filed January 30, 2012, which, among other things, ruled that claimant did not violate Workers’ Compensation Law § 114-a. Claimant, while employed as a machinist by Griffin Manufacturing Company, reported that he sustained injuries to his back in ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902337/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fuchs, J.), rendered October 13, 1983, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The identifications made at the time of the defendant’s appreh...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902338/
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered November 4, 1983, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The record in the present case, including the minutes of the Gr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902339/
Mercare, J.P. Appeal from a decision of the Workers’ Compensation Board, filed January 30, 2012, which, among other things, ruled that claimant did not violate Workers’ Compensation Law § 114-a. Claimant, while employed as a machinist by Griffin Manufacturing Company, reported that he sustained injuries to his back in ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2296695/
(2008) Mac HUDSON and Derrick Tyler v. Kathleen DENNEHY, in her official capacity as Commissioner of the Massachusetts Department of Correction. Civil Action No. 01-CV-12145-RGS. United States District Court, D. Massachusetts. March 5, 2008. FINDINGS OF FACT, RULINGS OF LAW, AND ORDER AFTER A NON-JURY TRIAL STEARNS, D...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/198275/
[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 97-1890 UNITED STATES, Appellee, v. GEORGE ASAMOAH, A/K/A KOJO BOAYITEY, A/K/A KWADWO BOAYITEY, ...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/198321/
[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 98-1834 RAFAEL ARZUAGA-PERELLO, ET AL., Plaintiffs, Appellants, v. THE SHELL COMPANY (PUERTO ...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/5904370/
— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: On appeal from convictions of *919two counts of felony murder and related crimes, defendant raises several claims, none requiring reversal. Defendant’s primary claim is that the trial court erred in failing...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823517/
Cup-shaped articles.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902340/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rader, J.), rendered January 24, 1983, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The record of the plea proceedings indicates that in return for th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902342/
Appeal by the defendant from a *546judgment of the Supreme Court, Kings County (Juviler, J.), rendered February 18, 1986, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. On appeal th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/668068/
21 F.3d 1121 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General O...
01-03-2023
04-16-2012
https://www.courtlistener.com/api/rest/v3/opinions/5903200/
Appeal by the defendant from two judgments of the Supreme Court, Westchester County (Marasco, J.), both rendered August 6, 1984, convicting him of robbery in the first degree under indictment No. 83-01622-01, and burglary in the third degree under indictment No. 84-00124-01, upon his pleas of guilty, and imposing sente...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902346/
Peters, P.J. Appeal from a decision of the Workers’ Compensation Board, filed December 2, 2011, which ruled that decedent’s death did not arise out of and in the course of his employment and denied claimant’s application for workers’ compensation death benefits. The underlying facts are set out more fully in our prior ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1676660/
14 S.W.3d 512 (2000) 341 Ark. 105 FARM BUREAU MUTUAL INSURANCE COMPANY OF ARKANSAS, INC., and Southern Farm Bureau Casualty Insurance Company v. Gaylon FOOTE and Tammy Foote. No. 99-1365. Supreme Court of Arkansas. April 20, 2000. *515 Hardin, Jesson & Terry, by: Rex M. Terry, J. Rodney Mills, and Kirkman T. Dougherty,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/2205935/
33 N.J. Super. 156 (1954) 109 A.2d 462 HAROLD G. MUELLER, PLAINTIFF-APPELLANT, v. DANIEL EUCENHAM, DEFENDANT-RESPONDENT, AND DANIEL EVERNHAM, JR., AN INFANT BY HIS GUARDIAN AD LITEM, DANIEL EVERNHAM, AND DORIS EVERNHAM, AN INFANT BY HER GUARDIAN AD LITEM DANIEL EVERNHAM, INTERVENING-COUNTERCLAIMANTS-RESPONDENT. Superio...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902348/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered April 16, 1984, convicting him of robbery in the first degree (three counts), robbery in the second degree (three counts), burglary in the second degree and sodomy in the first degree, upon a jury verdict, and imposing sen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902349/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered June 11, 1985, convicting him of rape in the first degree, sexual abuse in the first degree (three counts), and assault in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affir...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4125488/
Fourth Court of Appeals San Antonio, Texas February 8, 2017 No. 04-15-00405-CV David GILLESPIE and Michael O'Brien, Appellants ...
01-03-2023
02-13-2017
https://www.courtlistener.com/api/rest/v3/opinions/5902350/
Stein, J. Appeal from a decision of the Workers’ Compensation Board, filed November 25, 2011, which, among other things, directed the employer’s workers’ compensation carrier to make a deposit into the aggregate trust fund pursuant to Workers’ Compensation Law § 27 (2). Claimant sustained a work-related permanent parti...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902351/
Appeal by the defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered January 31, 1984, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The cont...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902352/
Appeal by the defendant from a judgment of the County Court, Westchester County (Plumadore, J.), rendered July 10, 1984, *554convicting him of criminal possession of a weapon in the third degree, coercion in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence. Ord...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534658/
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 05/15/2020 08:08 AM CDT - 176 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports ...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/4534665/
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 05/15/2020 08:09 AM CDT - 66 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports ...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/2213898/
205 Cal. App. 2d 654 (1962) PHIL G. DEICHER, Plaintiff and Respondent, v. JUNE W. CORKERY et al., Defendants and Appellants. Civ. No. 25839. California Court of Appeals. Second Dist., Div. Two. July 16, 1962. Morris Lavine for Defendants and Appellants. James Schwartz for Plaintiff and Respondent. HERNDON, J. De...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902353/
Stein, J. Appeal from a decision of the Workers’ Compensation Board, filed November 25, 2011, which, among other things, directed the employer’s workers’ compensation carrier to make a deposit into the aggregate trust fund pursuant to Workers’ Compensation Law § 27 (2). Claimant sustained a work-related permanent parti...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902354/
Appeal by the defendant from a judgment of the County Court, Nassau County (Santagata, J.), rendered November 30, 1984, convicting him of robbery in the first degree (two counts) and robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of that branch of th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902355/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered March 24, 1982, convicting him of burglary in the third degree, criminal mischief in the second degree, and criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence. Ordered tha...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902356/
Rose, J.P. 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a police sergeant, applied for accidental di...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902359/
Rose, J.P. 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 Comptroller which denied petitioner’s application for accidental disability retirement benefits. Petitioner, a police sergeant, applied for accidental di...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903201/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered April 17, 1986. Ordered that the judgment is affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902360/
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered November 2, 1983, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The trial court did not abuse its dis...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902361/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered December 5, 1986, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902362/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered January 2, 1986, convicting him of criminal sale of a controlled substance in the second degree and criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Ordered that the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902363/
Appeal by the defendant from two judgments of the Supreme Court, Queens County (Zelman, J.), both rendered January 8, 1986, convicting him of criminal possession of a controlled substance in the fifth degree (two counts) under indictment No. 2174/83, after a nonjury trial, and criminal possession of a controlled substa...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902364/
OPINION OF THE COURT Per Curiam. Respondent Jenee M. Gadsden was admitted to the practice of law in the State of New York by the First Judicial Department on July 14, 1997 under the name Jenee Moreen Gadsden. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the Fi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902365/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered June 27, 1985, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. *563Ordered that the judgment is affirmed. We find unpersuasive the defendant’s claim that his right to a fair tria...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902366/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (G. Aronin, J.), rendered November 17, 1986, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The victim testified at trial that he went to an after-hours club at ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902368/
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered April 29, 1986, convicting him of rape in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. With respect to the ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902370/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered May 2, 1986, convicting him of burglary in the second degree, criminal mischief in the fourth degree and resisting arrest, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed (see, People v ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902371/
Appeal by the defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 14, 1983, convicting him of burglary in the second degree, grand larceny in the third degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence. Ordered that the judgment i...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902372/
*7OPINION OF THE COURT Per Curiam. By order filed March 9, 2012 (209 NJ 417, 37 A3d 1134 [2012]), the Supreme Court of New Jersey suspended the respondent from the practice of law for a period of three months, effective April 9, 2012, for violating Rules of Professional Conduct rule 1.1 (a) (gross neglect); rule 1.3 (l...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902373/
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (D'Amaro, J.), rendered October 31, 1985, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The defendant argues, inter alia, that the count of the indictmen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904397/
— Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of first degree sexual abuse of a four-year-old girl. Defendant, a 29-year-old neighbor of the victim’s family, offered to take the victim to the store. Four hours later, when defendant and the victim had not returned from the store...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/8076601/
No opinion. Motion denied.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/4392001/
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § Maria Duria Chavelas, Individually, also § No. 08-19-00081-CV known as Maria Duria Wilhelm d/b/a International Leg...
01-03-2023
04-30-2019
https://www.courtlistener.com/api/rest/v3/opinions/5902374/
Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered January 30, 1986, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. A central issue at trial was the accuracy of the identification of the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902375/
*7OPINION OF THE COURT Per Curiam. By order filed March 9, 2012 (209 NJ 417, 37 A3d 1134 [2012]), the Supreme Court of New Jersey suspended the respondent from the practice of law for a period of three months, effective April 9, 2012, for violating Rules of Professional Conduct rule 1.1 (a) (gross neglect); rule 1.3 (l...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902376/
Appeal by the defendant *569from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered June 6, 1984, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the de...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902377/
Appea;sby the defendant from two judgments of the Supreme Court, Kings County (Goldstein, J.), both rendered January 22, 1985, convicting him of attempted criminal possession of a weapon in the third degree (two counts; one as to each indictment), upon his pleas of guilty, and imposing sentences. The appeals bring up f...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902378/
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered December 27, 1983, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. In the early mor...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902379/
Motion by the appellant for "clarification” of an order and an opinion of this court, both dated November 23, 1987 [132 AD2d 27], which unanimously affirmed a judgment of the Supreme Court, Rockland County (Meehan, J.), entered January 14, 1987. Upon the papers filed in support of the motion and the papers filed in opp...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902499/
In a negligence action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Levine, J.), entered April 20, 1987, which granted the defendants’ motion to dismiss the action for failure to prosecute. Ordered that the order is affirmed, with costs We agree with ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902380/
Motion by the defendant to amend the rernittitur of an order of this court, dated May 4, 1987, which determined an appeal by the People from an order of the Supreme Court, Kings County, dated April 30, 1985, so as to provide that the matter is remitted to that court for further proceedings in accordance with People v M...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902382/
*11OPINION OF THE COURT Per Curiam. Respondent Stephen C. Jackson was admitted to the practice of law in the State of New York by the Second Judicial Department on May 27, 1987 under the name Stephen Curtis Jackson. At all times relevant to these proceedings, respondent maintained an office for the practice of law with...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902383/
In an action for divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Friedenberg, J.), dated September 11, 1987, as awarded the plaintiff wife $1,667 per month, pendente lite, for her support and maintenance. Ordered that t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902385/
In an action to set aside a convey*576anee of real property and for specific performance of a preemptive right to purchase the same realty, the plaintiffs appeal from an order of the Supreme Court, Queens County (Berkowitz, J.), dated January 14, 1987, which granted the defendants’ motion for summary judgment dismissin...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902386/
*11OPINION OF THE COURT Per Curiam. Respondent Stephen C. Jackson was admitted to the practice of law in the State of New York by the Second Judicial Department on May 27, 1987 under the name Stephen Curtis Jackson. At all times relevant to these proceedings, respondent maintained an office for the practice of law with...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902388/
OPINION OF THE COURT Acosta, J. This appeal involves the propriety of the disclosures of postgraduate employment and salary data by defendant New York Law School to prospective students during the period August 11, 2005 to the present. Plaintiffs allege that the disclosures caused them to enroll in school to obtain, at...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902389/
In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Buell, J.), entered August 28, 1986, as granted the defendants’ motion to dismiss the action as against the defendant Todd for lack of personal juris...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902390/
In a negligence action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated May 28, 1987, which granted the motion of the plaintiff Jeffrey Corwin for leave to serve an amended bill of particulars. Ordered that the order is affirm...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902391/
OPINION OF THE COURT Acosta, J. This appeal involves the propriety of the disclosures of postgraduate employment and salary data by defendant New York Law School to prospective students during the period August 11, 2005 to the present. Plaintiffs allege that the disclosures caused them to enroll in school to obtain, at...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902392/
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Lama, J.), entered October 8, 1986, which denied their motion pursuant to CPLR 3212 for summary judgment dismissing the complaint. Ordered that the order is affirmed, with costs. Our examinat...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826231/
OPINION SMITH, Chief Judge. These consolidated cases, through plaintiffs’ motion to dismiss defendant’s counterclaims, call into question the constitutionality of the Contract Disputes Act of 1978 (CDA)1 as amended by the Federal Courts Improvement Act of 1982 (FCIA).2 The main issue presented in plaintiffs’ motion to ...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902393/
In an action for a judgment declaring that either or both of the defendant insurers are obligated to defend and indemnify the plaintiff for injuries resulting from his negligence, if any, in the use and control of a lawnmower purchased from the defendant Pergament Stores, Inc., the defendant Royal Globe Insurance Compa...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1362372/
783 F. Supp. 165 (1992) Mary A. DeSANTIS, Plaintiff, v. UNITED STATES of America, Defendant. No. 91 Civ. 3030 (WCC). United States District Court, S.D. New York. January 30, 1992. *166 Emmet, Marvin & Martin, New York City (Stephen P. Cerow, James C. Hughes, IV, of counsel), for plaintiff. Otto G. Obermaier, U.S. Atty....
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902394/
OPINION OF THE COURT Chambers, J. We are asked on this appeal to determine whether a mortgage given by one joint tenant to a third party without the knowledge of the other joint tenant acts to sever the joint tenancy. We answer this question in the negative. In February 1999, the plaintiff, the sole owner of real prope...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902395/
In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Silverman, J.), dated August 4, 1986, which, after a nonjury trial, dismissed the claim. Ordered that the judgment is affirmed, with costs. *582Based upon our review of the record we find that the claimant’...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902396/
In an action for the partition of real property, the defendant appeals from an order of the Supreme Court, Kings County (Krausman, J.), entered June 16, 1987, which granted the plaintiffs’ motion for summary judgment. Ordered that the order is affirmed, without costs or disbursements. Contrary to the defendant’s conten...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902397/
OPINION OF THE COURT Chambers, J. We are asked on this appeal to determine whether a mortgage given by one joint tenant to a third party without the knowledge of the other joint tenant acts to sever the joint tenancy. We answer this question in the negative. In February 1999, the plaintiff, the sole owner of real prope...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902399/
In a negligence action to recover damages for personal injuries, the plaintiff and the third-party defendants Elaine Powers Figure Salon and Vanderbilt Bridge Club separately appeal from an order of the Supreme Court, Nassau County (Brucia, J.), entered June 5, 1986, which granted the motion of the defendant and third-...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534672/
Case: 19-40682 Document: 00515416737 Page: 1 Date Filed: 05/14/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/5902400/
In an action to *585recover damages for libel and slander, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Ruskin, J.), entered March 10, 1987, which denied his motion to restore the action to the Trial Calendar; (2) an order of the same court, dated March 23, 1987, which dismissed the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1748118/
714 S.W.2d 947 (1986) Charles A. TAYLOR, Appellant, v. Paul McNEILL, Director of Revenue, Respondent. No. WD 37660. Missouri Court of Appeals, Western District. August 19, 1986. Kenneth C. Hensley, Independence, for appellant. James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for respo...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902401/
OPINION OF THE COURT Mercure, J.P In October 2009, police investigator Nicholas Demuth applied for a warrant to take a buccal swab from defendant, who was incarcerated and suspected of committing multiple burglaries. One of the victims of the burglary at issue in this case, which took place in the Town of Elmira, Chemu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902402/
In an action, inter alia, to recover damages for breach of a contract for the sale of the plaintiff’s medical practice, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Joy, J.), dated November 28, 1986, as granted the respondents’ cross motion for summary judgment dismissing the comp...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902403/
In an action for a divorce and ancillary relief, the defendant husband appeals from so much of a judgment of the Supreme Court, Westchester County (Delaney, J.), dated February 24, 1986, as granted the plaintiff wife (1) a distributive award of $15,065 premised upon the equitable distribution of the defendant’s individ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902404/
OPINION OF THE COURT Mercure, J.P In October 2009, police investigator Nicholas Demuth applied for a warrant to take a buccal swab from defendant, who was incarcerated and suspected of committing multiple burglaries. One of the victims of the burglary at issue in this case, which took place in the Town of Elmira, Chemu...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902406/
In an action to recover a real estate broker’s commission, the defendant Kin Chevrolet, Inc. (hereinafter Kin) appeals from so much of a judgment of the Supreme Court, Queens County (Graci, J.), dated January 14, 1986, as awarded the defendant William Kreizel, doing business as DeLong Realty Co. (hereinafter Kreizel), ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2024718/
13 B.R. 514 (1981) In re MARSTON ENTERPRISES, INC./Spring Run Apartments, Co-Debtors, BUFFALO SAVINGS BANK, Plaintiff, v. MARSTON ENTERPRISES, INC., Spring Run Apartments, Defendants. Bankruptcy No. 180-00532. United States Bankruptcy Court, E.D. New York. May 11, 1981. Leon S. Forman, Wexler, Weisman, Maurer & Forman,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902408/
In a negligence action to recover property damages allegedly sustained as a result of a fire which occurred at the plaintiffs’ premises, the plaintiffs appeal, as limited by their brief, from so much of an order and *592judgment (one paper) of the Supreme Court, Nassau County (Wager, J.), entered June 10, 1986, as gran...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902409/
*33OPINION OF THE COURT Friedman, J. This appeal presents for resolution two questions left open by the Court of Appeals’ decision in Matter of Jazmín A. (15 NY3d 439, 443 n [2010]): “whether a properly made motion under Family Court Act § 355.1 to stay, modify or terminate an order of probation based on change of circ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902591/
An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about August 4, 2011, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, and upon the st...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6826232/
ORDER SMITH, Chief Judge. This dispute involves a request by defendant to file its affidavits out of time under RUSCC 6(b)(2). The purpose of these affidavits is to supplement defendant’s response to plaintiffs’ cross-motion for partial summary judgment presently pending before the court. Plaintiffs have responded by o...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902412/
*33OPINION OF THE COURT Friedman, J. This appeal presents for resolution two questions left open by the Court of Appeals’ decision in Matter of Jazmín A. (15 NY3d 439, 443 n [2010]): “whether a properly made motion under Family Court Act § 355.1 to stay, modify or terminate an order of probation based on change of circ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902414/
OPINION OF THE COURT Skelos, J. Elisaul Perez, a defendant in a criminal action being prosecuted by the petitioner, Richard A. Brown, the District Attorney of Queens County (hereinafter the District Attorney), was interviewed, prior to his arraignment, by an assistant district attorney (hereinafter ADA), and gave a vid...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902416/
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Brookhaven (hereinafter the Board), dated October 20, 1986, which approved a site development plan submitted to it by B.W.I. International (hereinafter BWI), the petitioner appeals from a judgment of th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902417/
OPINION OF THE COURT Skelos, J. Elisaul Perez, a defendant in a criminal action being prosecuted by the petitioner, Richard A. Brown, the District Attorney of Queens County (hereinafter the District Attorney), was interviewed, prior to his arraignment, by an assistant district attorney (hereinafter ADA), and gave a vid...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902419/
In a probate proceeding, the objectants appeal from a decree of the Surrogates Court, Kings County (Bloom, S.), dated April 2, 1986, which granted the petitioner’s motion for judgment during trial as a matter of law, and thereupon admitted the will to probate. Ordered that the decree is affirmed, with costs payable by ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902420/
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Health of the State of New York, dated May 29, 1986, which, after a hearing, found the petitioner guilty of four charges of misconduct and imposed a penalty. Adjudged that the determination is confirmed and the proceeding...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902421/
OPINION OF THE COURT Catterson, J. This appeal arises from a Family Court determination that the respondents, the parents and the nanny of a baby girl, Victoria O., abused the infant and derivatively neglected her siblings. The respondents contend that the court’s finding was not supported by a preponderance of the evi...
01-03-2023
01-13-2022