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Top citers, strongest first. 16 distinct citers.
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discussed
Cited "see"
Matter of Van Wyen v. New York State Comptroller
As is relevant here, it is well established that "an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties, considered in view of the particular employment in question, is not an accidental injury" ( Matter of Kelly v DiNapoli , 30 NY3d 674, 681 [2018] [internal quotation marks and citation omitted]; see Matter of Melendez v New York State Comptroller , 54 AD3d 1128, 1129 [3d Dept 2008], lv denied 12 NY3d 706 [2009]).
discussed
Cited "see"
Matter of Poromon v. Evans
Such statements, when corroborated, "are admissible in custody and visitation proceedings that are based in part upon allegations of abuse or neglect" ( Matter of Montalbano v Babcock , 155 AD3d 1636, 1637 [4th Dept 2017], lv denied 31 NY3d 912 [2018] [internal quotation marks omitted]; see Matter of Cobane v Cobane , 57 AD3d 1320, 1321 [3d Dept 2008], lv denied 12 NY3d 706 [2009]).
discussed
Cited "see"
Matter of Jennifer B. v. Mark WW.
Although out-of-court statements made by the children would be admissible in a custody proceeding to the extent that they relate to allegations of abuse or neglect and are corroborated ( see Family Ct Act § 1046 [a] [vi]; see Matter of Cobane v Cobane , 57 AD3d 1320, 1321 [2008], lv denied 12 NY3d 706 [2009]), the mother failed in opposing the motion to point to any additional documentary or testimonial proof in support of these conclusory and unsubstantiated allegations ( cf. Matter of William O. v John A. , 148 AD3d at 1259 ; Matter of Mary GG. v Alicia GG. , 106 AD3d 1410, 1412 [2013], lvs…
discussed
Cited "see"
Matter of William J.B. v. Dayna L.S.
Contrary to the mother's remaining contention, the court's determination to award primary physical custody of the child to the father with supervised visitation with the mother is [*2]supported by a sound and substantial basis in the record ( see Matter of Voorhees v Talerico , 128 AD3d 1466, 1466-1467 [4th Dept 2015], lv denied 25 NY3d 915 [2015]; see generally Matter of Cobane v Cobane , 57 AD3d 1320, 1321-1322 [3d Dept 2008], lv denied 12 NY3d 706 [2009]).
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Cited "see"
People v. Colsrud
We conclude that those statements “constitute clear and convincing evidence of defendant’s failure to accept responsibility, thus justifying the assessment of 10 additional points for that risk factor” (People v Urbanski, 74 AD3d 1882, 1883 [4th Dept 2010], lv denied 15 NY3d 707 [2010]; see People v Baker, 57 AD3d 1472 , 1473 [4th Dept 2008], lv denied 12 NY3d 706 [2009]).
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Cited "see"
JEWELL, THOMAS W., PEOPLE v
The People established that defendant blamed the victim, “ ‘minimized the underlying sexual offense[,] and . . . denied that he performed the criminal sexual act [that] formed the basis for the conviction’ during an interview with the Probation Department” (People v Wilson, 117 AD3d 1557, 1557 ; see People v Baker, 57 AD3d 1472, 1473 , lv denied 12 NY3d 706 ).
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Cited "see"
People v. Jewell
The People established that defendant blamed the victim, “ ‘minimized the underlying sexual offense[,] and . . . denied that he performed the criminal sexual act [that] formed the basis for the conviction’ during an interview with the Probation Department” (People v Wilson, 117 AD3d 1557, 1557 [2014]; see People v Baker, 57 AD3d 1472 , 1473 [2008], lv denied 12 NY3d 706 [2009]).
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Cited "see"
People v. Jewell
The People established that defendant blamed the victim, “ ‘minimized the underlying sexual offense[,] and . . . denied that he performed the criminal sexual act [that] formed the basis for the conviction’ during an interview with the Probation Department” (People v Wilson, 117 AD3d 1557, 1557 [2014]; see People v Baker, 57 AD3d 1472 , 1473 [2008], lv denied 12 NY3d 706 [2009]).
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Cited "see"
O'Sullivan v. Hallock
“More is needed to state a claim . . . than factual allegations which are conclusory, vague or inherently incredible” (Matter of Niagara Mohawk Power Corp. v State of New York, 300 AD2d 949, 952 [2002] [citations omitted]; accord Matter of Abele v Dimitriadis, 53 AD3d 969, 970 [2008], lv denied 12 NY3d 706 [2009]).
discussed
Cited "see"
O'Sullivan v. Hallock
“More is needed to state a claim . . . than factual allegations which are conclusory, vague or inherently incredible” (Matter of Niagara Mohawk Power Corp. v State of New York, 300 AD2d 949, 952 [2002] [citations omitted]; accord Matter of Abele v Dimitriadis, 53 AD3d 969, 970 [2008], lv denied 12 NY3d 706 [2009]).
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Cited "see"
P., DANTE, MTR. OF
Furthermore, the testimony of the victim regarding the damage to his vehicle arising from its use by respondent and the other juveniles was sufficient to warrant the imposition of restitution (cf. Matter of David N., 97 AD2d 980 ). -2- 37 CAF 10-01639 Respondent failed to preserve for our review his further contention that the court was required to consider his ability to pay before ordering him to pay restitution, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see Matter of Arceny H., 59 AD3d 262 ; see generally Matter of G…
discussed
Cited "see"
In re Dante P.
Respondent failed to preserve for our review his further contention that the court was required to consider his ability to pay before ordering him to pay restitution, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see Matter of Arceny H., 59 AD3d 262 [2009]; see generally Matter of George N.B., 57 AD3d 1456 [2008], lv denied 12 NY3d 706 [2009]; Matter of Yadiel Roque C., 17 AD3d 1168 [2005]).
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Cited "see"
People v. Stacconi
Defendant complains that the facts underlying that adjudication were not placed before County Court, but any conviction or adjudication for a violent felony as defined in the Penal Law warrants the assessment of 30 points, even if the underlying conduct did not “involve actual violence” (People v Reyes, 48 AD3d 267, 268 [2008], lv denied 10 NY3d 711 [2008]; see People v Baker, 57 AD3d 1472 , 1473 [2008], lv denied 12 NY3d 706 [2009]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 13-14 [2006]; cf. People v Cruz, 38 AD3d 740, 740-741 [2007]).
discussed
Cited "see, e.g."
In re Jaelyn V.L.G.
The record establishes that petitioner agency made diligent efforts to encourage and strengthen the parental relationship by, among other things, attempting to contact the father for the purpose of formulating a service plan, directing and encouraging weekend and other visitation between the father and the child, and referring the father for drug testing, psychological evaluation and family therapy (see Matter of Calvario Chase Norall W. [Denise W.], 85 AD3d 582, 583 [1st Dept 2011]; see also Matter of Aisha C., 58 AD3d 471, 471-472 [1st Dept 2009], lv denied 12 NY3d 706 [2009]).
discussed
Cited "see, e.g."
In re Jaelyn V.L.G.
The record establishes that petitioner agency made diligent efforts to encourage and strengthen the parental relationship by, among other things, attempting to contact the father for the purpose of formulating a service plan, directing and encouraging weekend and other visitation between the father and the child, and referring the father for drug testing, psychological evaluation and family therapy (see Matter of Calvario Chase Norall W. [Denise W.], 85 AD3d 582, 583 [1st Dept 2011]; see also Matter of Aisha C., 58 AD3d 471, 471-472 [1st Dept 2009], lv denied 12 NY3d 706 [2009]).
discussed
Cited "see, e.g."
Dobies v. Brefka
Regulating Dist., 54 AD3d 457, 459 [2008]; Matter of Hoglund v Hoglund, 234 AD2d 794, 795-796 [1996]; compare Matter of Cobane v Cobane, 57 AD3d 1320, 1323 [2008], lv denied 12 NY3d 706 [2009]) and that Family Court erred in finding that the mother willfully violated those orders.
Retrieving the full opinion text from the archive…
MATTER OF QUINN
v.
NEW YORK STATE COMPTROLLER.
v.
NEW YORK STATE COMPTROLLER.
New York Court of Appeals.
Apr 2, 2009.
906 N.E.2d 1087
Published
Motion for leave to appeal denied.