Lambert v. Fordham Univ., 281 A.D.2d 182 (N.Y. App. Div. 2001). · Go Syfert
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Lambert v. Fordham Univ., 281 A.D.2d 182 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Storino v. New York Univ.
N.Y. App. Div. · 2021 · confidence medium
By themselves, these broad policies can rationally be interpreted to allow for discipline of students who threaten the health and safety of the University's community by attending unmasked and non socially distanced gatherings in the weeks leading up to the start of the semester ( see Matter of Lambert v Fordham Univ. , 281 AD2d 182, 183 [1st Dept 2001] [determination to suspend was rationally based on a reasonable interpretation of the rule prohibiting "other conduct which threatens or endangers the health or safety of any person"]).
discussed Cited "see" VARGAS, DARIANA, PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
Here, the court’s decision to credit the testimony of the police investigator over that of defendant is entitled to deference (see People v Shaw, 66 AD3d 1417, 1417-1418 , lv denied 14 NY3d 773 ), and the record supports the court’s conclusion that defendant was not in custody because a reasonable person in defendant’s position, innocent of any crime, would have believed that he or she was free to leave (see People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ; see generally People v Morales, 281 AD2d 182, 182 , lv denied 96 NY2d 922 ).
discussed Cited "see" People v. Vargas
N.Y. App. Div. · 2013 · signal: see · confidence high
Here, the court’s decision to credit the testimony of the police investigator over that of defendant is entitled to deference (see People v Shaw, 66 AD3d 1417, 1417-1418 [2009], lv denied 14 NY3d 773 [2010]), and the record supports the court’s conclusion that defendant was not in custody because a reasonable person in defendant’s position, innocent of any crime, would have believed that he or she was free to leave (see People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; see generally People v Morales, 281 AD2d 182, 182 [2001], lv denied 96 NY2d 922 [2001]).
discussed Cited "see" People v. Vargas
N.Y. App. Div. · 2013 · signal: see · confidence high
Here, the court’s decision to credit the testimony of the police investigator over that of defendant is entitled to deference (see People v Shaw, 66 AD3d 1417, 1417-1418 [2009], lv denied 14 NY3d 773 [2010]), and the record supports the court’s conclusion that defendant was not in custody because a reasonable person in defendant’s position, innocent of any crime, would have believed that he or she was free to leave (see People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; see generally People v Morales, 281 AD2d 182, 182 [2001], lv denied 96 NY2d 922 [2001]).
discussed Cited "see, e.g." People v. Mitchell
N.Y. Sup. Ct. · 2004 · signal: see also · confidence low
(See, Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11A, CPL 710.60, at 281 [1995], citing United States v Charles, 738 F2d 686 [5th Cir 1984]; see also, People v Morales, NYLJ, Dec. 8, 1997, at 30, col 4 [Sup Ct, NY County 1997], affd 281 AD2d 182 [1st Dept 2001], lv denied 96 NY2d 922 [2001]; People v Payne, 1 Misc 3d 909[A] , 2004 NY Slip Op 50010[U] [Sup Ct, Kings County 2004] [and cases cited therein]; People v Holder, NYLJ, Sept. 20, 1991, at 27, col 1 [Sup Ct, Kings County 1991].) Other courts have followed a different rule and placed the burden on the prosecutor to…
Retrieving the full opinion text from the archive…
In the Matter of Robert C. Lambert, and James Roberts
v.
Fordham University
Appellate Division of the Supreme Court of the State of New York.
Mar 6, 2001.
281 A.D.2d 182
Cited by 1 opinion  |  Published

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about November 12, 1999, which denied petitioners’ applications pursuant to CPLR article 78 to annul respondent university’s determinations suspending petitioners from the university for one academic year and indefinitely banning them from university housing, unanimously affirmed, without costs.

Both the notice of charges that respondent gave petitioners and its disciplinary finding that petitioners violated its Code of Conduct complied with the procedures for adjudicating nonacademic violations of the Code of Conduct published in respondent’s Student Guide (see, Tedeschi v Wagner Coll., 49 NY2d 652, 660). Although petitioners correctly contend that their admitted violation of rules concerning the use of alcohol could not be the basis for their suspensions since there was no evidence of prior offenses, the determination to suspend was rationally based on a reasonable interpretation of the rule prohibiting “other conduct which threatens or endangers the health or safety of any person.” Concur — Nardelli, J. P., Williams, Tom, Lerner and Friedman, JJ.