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Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Sincerbeaux
We reject that contention and conclude that “ ‘[i]t was within the court’s discretion to [classify defendant as a level three risk] . . . based upon clear and convincing evidence of the facts in support thereof ” (People v Foster, 13 AD3d 1117, 1118 [2004]; see People v Catchings, 56 AD3d 1181 , 1182 [2008], lv denied 12 NY3d 701 [2009]; People v Billingsley, 6 AD3d 1170, 1170 [2004], lv denied 3 NY3d 605 [2004]).
discussed
Cited "see"
SINCERBEAUX, DENNIS J., PEOPLE v
We reject that contention and conclude that “ ‘[i]t was within the court’s discretion to [classify defendant as a level three risk] . . . based upon clear and convincing evidence of the facts in support thereof’ ” (People v Foster, 13 AD3d 1117, 1118 ; see People v Catchings, 56 AD3d 1181 , 1182, lv denied 12 NY3d 701 ; People v Billingsley, 6 AD3d 1170, 1170 , lv denied 3 NY3d 605 ).
discussed
Cited "see"
People v. Sincerbeaux
We reject that contention and conclude that “ ‘[i]t was within the court’s discretion to [classify defendant as a level three risk] . . . based upon clear and convincing evidence of the facts in support thereof ” (People v Foster, 13 AD3d 1117, 1118 [2004]; see People v Catchings, 56 AD3d 1181 , 1182 [2008], lv denied 12 NY3d 701 [2009]; People v Billingsley, 6 AD3d 1170, 1170 [2004], lv denied 3 NY3d 605 [2004]).
discussed
Cited "see"
MURRAY, ALAN, PEOPLE v
Also contrary to defendant’s contention, the record contains clear and convincing evidence that his record while incarcerated included “numerous citations for disciplinary violations” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 16 [2006]; see People v Catchings, 56 AD3d 1181 , lv denied 12 NY3d 701 ).
discussed
Cited "see"
People v. Murray
Also contrary to defendant’s contention, the record contains clear and convincing evidence that his record while incarcerated included “numerous citations for disciplinary violations” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 16 [2006]; see People v Catchings, 56 AD3d 1181 [2008], lv denied 12 NY3d 701 [2009]).
discussed
Cited "see, e.g."
Prendergast v. Swiencicky
Realty, Inc. , 21 AD3d 861, 861 [2005] [noting that a party who insists on assurances that are not required by the contract, and refuses to close absent those assurances, has breached the contract]; see also Kabro PM, LLC v WGB Main St., LLC , 52 AD3d 659 , 659 [2008], lv denied 12 NY3d 701 [2009]).
discussed
Cited "see, e.g."
ERC 16W Ltd. Partnership v. Xanadu Mezz Holdings LLC
Bailey v Fish & Neave, 8 NY3d 523, 528 [2007] [“agreements should be read as a whole to ensure that undue emphasis is not placed upon particular words and phrases”]; see also Acme Supply Co., Ltd. v City of New York, 39 AD3d 331, 332 [1st Dept 2007], lv denied 12 NY3d 701 [2009] [“(a)n interpretation that gives effect to all the terms of an agreement is preferable to one that ignores terms or accords them an unreasonable interpretation” (internal quotation marks omitted)].) Section 2.9.2 (e) explicitly negates any suggestion that closing date participants have a contractual obligation …
cited
Cited "see, e.g."
Gessin Electrical Contractors, Inc. v. 95 Wall Associates, LLC
Plants, Inc., 9 NY2d 595, 599 [1961]; see also Acme Supply Co., Ltd. v City of New York, 39 AD3d 331 [2007], lv denied 12 NY3d 701 [2009]).
Retrieving the full opinion text from the archive…
MATTER OF NATURAL RESOURCES DEFENSE COUNCIL, INC.
v.
NEW YORK STATE DEPT. OF ENVTL. CONSERVATION.
v.
NEW YORK STATE DEPT. OF ENVTL. CONSERVATION.
New York Court of Appeals.
Feb 11, 2009.
Published
Motion for leave to appeal denied.