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Positive treatment
Trending · 133 recent citers
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Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited "see"
Matter of Williams (New York State Dept. of Corr. & Community Supervision)
"An award will be vacated as indefinite or nonfinal for purposes of CPLR 7511 if it does not dispose of a particular issue raised by the parties, or if it leaves the parties unable to determine their rights and obligations, if it does not resolve the controversy submitted or if it creates a new controversy" ( Matter of Andrews v County of Rockland , 120 AD3d 1227, 1228 [2014] [internal quotation marks and citations omitted], lv dismissed 24 NY3d 1090 [2015]; see Matter of Hansen [New York State Dept. of Correctional Servs.] , 59 AD3d 903, 904 [2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see"
People v. Botindari
“A court may make an upward departure from a presumptive risk level when, after consideration of the indicated factors ...[,] there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines” (People v Grady, 81 AD3d 1464, 1464 [2011] [internal quotation marks omitted]; see People v Wheeler, 59 AD3d 1007, 1008 [2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see"
People v. Botindari
“A court may make an upward departure from a presumptive risk level when, after consideration of the indicated factors ...[,] there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines” (People v Grady, 81 AD3d 1464, 1464 [2011] [internal quotation marks omitted]; see People v Wheeler, 59 AD3d 1007, 1008 [2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see"
BOTINDARI, DAVID, PEOPLE v
“A court may make an upward departure from a presumptive risk level when, after consideration of the indicated factors . . . [,] there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines” (People v Grady, 81 AD3d 1464, 1464 [internal quotation marks omitted]; see People v Wheeler, 59 AD3d 1007, 1008 , lv denied 12 NY3d 711 ).
discussed
Cited "see"
People v. Grady
“A court may make an upward departure from a presumptive risk level when, after consideration of the indicated factors ...[,] there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines” (People v Howe, 49 AD3d 1302 [2008] [internal quotation marks omitted]; see People v Wheeler, 59 AD3d 1007 [2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see"
GRADY, VINCENT, PEOPLE v
“A court may make an upward departure from a presumptive risk level when, after consideration of the indicated factors . . .[,] there exists an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines” (People v Howe, 49 AD3d 1302, 1302 [internal quotation marks omitted]; see People v Wheeler, 59 AD3d 1007 , lv denied 12 NY3d 711 ).
discussed
Cited "see"
In re Alexandria X.
The statute was “intended to be construed broadly so as to include paramours or other nonparental persons who perform childcare duties which correspond with the traditional parent/child relationships” (Matter of Nathaniel TT., 265 AD2d 611, 612 [1999], lv denied 94 NY2d 757 [1999]; see Matter of Jamaal NN., 61 AD3d 1056, 1057 [2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see"
In re Mitchell WW.
“The decision to permit a party who is entitled to counsel to proceed pro se must be supported by a showing on the record of a knowing, voluntary and intelligent waiver of the right to counsel” (Matter of Anthony K., 11 AD3d 748, 749 [2004] [citations omitted]; accord Matter of Isiah FF., 41 AD3d 900, 901 [2007]; see Matter of David VV., 25 AD3d 882, 883-884 [2006], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see, e.g."
ABKCO Music, Inc. v. McMahon
The trustee made a prima facie case that New York lacked jurisdiction over him, and [*2]plaintiff failed to meet its burden to present sufficient facts to demonstrate jurisdiction ( see Cotia [USA] Ltd. v Lynn Steel Corp. , 134 AD3d 483, 484 [1st Dept 2015]; see also Copp v Ramirez , 62 AD3d 23, 28 [1st Dept 2009], lv denied 12 NY3d 711 [2009]).
discussed
Cited "see, e.g."
Nunez v. New York Organ Donor Network, Inc.
Plaintiffs are not entitled to any affirmative relief on their purported cross appeal, because the supplemental record they filed does not contain a notice of cross appeal from, the order (see Gassab v R.T.R.L.L.C., 69 AD3d 511 [2010]; see also Copp v Ramirez, 62 AD3d 23, 27-28 [2009], lv denied 12 NY3d 711 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
WHEELER.
v.
WHEELER.
Published
Motion for leave to appeal denied.