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Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited "see"
DeMulder v. Hunter Mtn. Ski Bowl, Inc.
As we have consistently noted, and "[a]s is at least implicit in plaintiff[s'] argument, if only the risks of ordinary and necessary dangers inherent in a sport are deemed assumed, the doctrine of no duty/assumption of risk . . . would not apply to obvious, known conditions so long as a defendant could feasibly have provided safer conditions" ( Verro v New York Racing Assn. , 142 AD2d 396, 400 [3d Dept 1989], lv denied 74 NY2d 611 [1989]; see Martin v State of New York , 64 AD3d 62, 64 [3d Dept 2009], lv denied 13 NY3d 706 [2009]; see also Sontag v Holiday Val., Inc. , 38 AD3d 1350, 1351 [4th …
discussed
Cited "see"
Matter of Johnson v. Johnson
We further note that the mother's contentions concerning alleged evidentiary errors and ineffective assistance of counsel at the hearing are not properly before us inasmuch as the mother failed to take a timely appeal from either order ( see Matter of Saunders v Hamilton , 75 AD3d 1172, 1173 [4th Dept 2010], lv denied 15 NY3d 713 [2010]; see generally Matter of Jasper QQ. , 64 AD3d 1017, 1019-1020 [3d Dept 2009], lv denied 13 NY3d 706 [2009]).
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Cited "see"
Matter of Nathaniel v. v. Kristina W.
The father's allegations in the petition regarding his incarceration subsequent to the March 2017 order and his lack of contact with the child as a result constitute facts that, if established at a hearing, would constitute a change in circumstances requiring an inquiry into the best interests of the child ( see Matter of Howard v Barber , 47 AD3d 1154, 1155 [2008]; see generally Matter of Cole v Comfort , 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; compare Matter of Dann v Dann , 51 AD3d 1345, 1346-1347 [2008]).
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Cited "see"
Schorpp v. Oak Mountain, LLC
Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484 [1997]; see Martin v State of New York, 64 AD3d 62, 63-64 [2009], lv denied 13 NY3d 706 [2009]; Youmans v Maple Ski Ridge, Inc., 53 AD3d 957, 958 [2008]).
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Cited "see"
Matter of Kadio v. Volino
“The propriety of visitation is left to the sound discretion of Family Court and its findings, guided by the best interests of the child, will not be disturbed unless they lack a sound basis in the record” (Matter of Culver v Culver, 82 AD3d at 1297 [internal quotation marks and citation omitted]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Moore v Schill, 44 AD3d 1123, 1123 [2007]).
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Cited "see"
RULINSKY, VALENTINA v. WEST, JERMAINE
With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 ; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 , lv denied 13 NY3d 706 ; Matter of Conklin v Hernandez, 41 AD3d 908, 910 ).
discussed
Cited "see"
Rulinsky v. West
With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).
discussed
Cited "see"
Rulinsky v. West
With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).
discussed
Cited "see"
Anthony v. Jones
“To survive a motion to dismiss, a petition seeking to modify a prior order of custody and visitation must contain factual allegations of a change in circumstances warranting modification to ensure the best interests of the child” (Matter of Hudson v Eck, 70 AD3d 1261, 1262 [2010] [internal quotation marks and citations omitted]; see Matter of Mark P. v Jamie Q., 64 AD3d 921, 922 [2009], Iv denied 13 NY3d 706 [2009]; Matter of Dobrouch v Reed, 61 AD3d 1288, 1289 [2009]).
discussed
Cited "see"
People v. Vangorder
Although defendant completed a substance abuse treatment program while he was incarcerated, “his recent history of abstinence while incarcerated is not necessarily predictive of his behavior when no longer under such supervision” (People v Warren, 42 AD3d 593, 594 [2007], lv denied 9 NY3d 810 [2007]; see People v Legall, 63 AD3d 1305, 1306 [2009], lv denied 13 NY3d 706 [2009]).
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Cited "see"
In re Malashia B.
We thus conclude that the mother “failed to establish that such [posttermination] contact would be in the best interests of the child[ 1” (id.; see Matter of Christopher J., 63 AD3d 1662 [2009], lv denied 13 NY3d 706 [2009]).
discussed
Cited "see"
People v. Beames
“To justify an upward departure from a presumptive risk classification, an aggravating factor must exist which was not otherwise adequately taken into consideration by the risk assessment guidelines, and the court’s finding of such a factor must be supported by clear and convincing evidence” (People v Brown, 45 AD3d 1123, 1124 [2007] [citations omitted], lv denied 10 NY3d 703 [2008]; see People v McElhearn, 56 AD3d 978 , 979 [2008], lv denied 13 NY3d 706 [2009]).
discussed
Cited "see, e.g."
Bhonlay v. Raquette Lake Camps, Inc.
While there is evidence that it would be inconvenient for plaintiff and his witnesses to travel to Fulton County for trial, it cannot be said that “the selected forum would be so gravely difficult that [plaintiff] would, for all practical purposes, be deprived of [his] day in court” (LSPA Enter., Inc. v Jani-King of N.Y., Inc., 31 AD3d 394, 395 [2d Dept 2006]; see also Horton v Concerns of Police Survivors, Inc., 62 AD3d 836 [2d Dept 2009], lv denied 13 NY3d 706 [2009]).
discussed
Cited "see, e.g."
Bukowski v. Clarkson University
The primary assumption of risk doctrine also encompasses risks involving less than optimal conditions (see Sykes v County of Erie, 94 NY2d 912, 913 [2000] [playing on an irregular surface is a risk inherent in outdoor basketball activities]; Maddox v City of New York, 66 NY2d 270, 274-275 [1985] [baseball player assumed the risk of playing on a wet and muddy field]; see also Martin v State of New York, 64 AD3d 62, 64 [3d Dept 2009], lv denied 13 NY3d 706 [2009]).
discussed
Cited "see, e.g."
In re Eileen R.
Even though these statutes do not apply to the type of hearing held in this matter — and do not mandate such accommodations, but are only permissive, in proceedings where they do apply — courts have similarly authorized the use of testimony by telephone, where available and feasible, to protect the due process rights of parents who are physically absent from termination proceedings (see Matter of Robert David L., 7 AD3d 529, 530 [2004], lv denied 3 NY3d 606 [2004]; Matter of James Carton K., 245 AD2d at 375-376 ; see also Matter of Jasper QQ., 64 AD3d 1017, 1019 [2009], lv denied 13 NY3d 7…
Retrieving the full opinion text from the archive…
MATTER OF ANUMAH (COMMISSIONER OF LABOR).
Published
Motion for leave to appeal denied.