Board considers factors (New York) · Go Syfert
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Board considers factors in New York

5 New York opinions name it 1 courts 2010–2014 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Gonzalez v. Chair, New York State Board of Parolegreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

33
Lue-Shing v. Patakigreen
nyappdiv · 2003 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

33
McCaskell v. Evansgreen
nyappdiv · 2013 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Similarly, this Court has repeatedly held – both recently and historically – that, so long as the Board considers the factors enumerated in the statute, it is "entitled . . . to place a greater emphasis on the gravity of [the] crime" (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Viglotti v State of N.Y. E

2014Similarly, this Court has repeatedly held — both recently and historically — that, so long as the Board considers the factors enumerated in the statute, it is “entitled ... to place a greater emphasis on the gravity of [the] crime” (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Vigliotti v State of N.Y. Ex

33
Lashway v. Evansgreen
nyappdiv · 2013 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Similarly, this Court has repeatedly held – both recently and historically – that, so long as the Board considers the factors enumerated in the statute, it is "entitled . . . to place a greater emphasis on the gravity of [the] crime" (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Viglotti v State of N.Y. E

2014Similarly, this Court has repeatedly held — both recently and historically — that, so long as the Board considers the factors enumerated in the statute, it is “entitled ... to place a greater emphasis on the gravity of [the] crime” (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Vigliotti v State of N.Y. Ex

33
Williams v. New York State Division of Parolegreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Similarly, this Court has repeatedly held – both recently and historically – that, so long as the Board considers the factors enumerated in the statute, it is "entitled . . . to place a greater emphasis on the gravity of [the] crime" (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Viglotti v State of N.Y. E

2014Similarly, this Court has repeatedly held — both recently and historically — that, so long as the Board considers the factors enumerated in the statute, it is “entitled ... to place a greater emphasis on the gravity of [the] crime” (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Vigliotti v State of N.Y. Ex

33
Montane v. Evansgreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Similarly, this Court has repeatedly held – both recently and historically – that, so long as the Board considers the factors enumerated in the statute, it is "entitled . . . to place a greater emphasis on the gravity of [the] crime" (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Viglotti v State of N.Y. E

2014Similarly, this Court has repeatedly held — both recently and historically — that, so long as the Board considers the factors enumerated in the statute, it is “entitled ... to place a greater emphasis on the gravity of [the] crime” (Matter of Montane v Evans, 116 AD3d 197, 203 [2014], lv granted 23 NY3d 903 [2014] [internal quotation marks and citation omitted]; see Matter of Williams v New York State Div. of Parole, 114 AD3d 992 , 992-993 [2014]; Matter of Lashway v Evans, 110 AD3d 1417, 1418 [2013]; Matter of McCaskell v Evans, 108 AD3d 926, 927 [2013]; Matter of Vigliotti v State of N.Y. Ex

33
Claim of Sang Hwan Park v. Leegreen
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2010–2011
2 sentences

2011In making this determination, the Board considers such factors as “the right to control the work, the method of payment, the right to discharge and the relative nature of the work; however, no single factor is dis-positive” (Matter of Sang Hwan Park v Lee, 53 AD3d 936, 938 [2008]; see Matter of Keles v Santos, 73 AD3d 1396, 1396 [2010]).

2010In determining whether an employer-employee relationship exists, the Board considers factors such as “the right to control the work, the method of payment, the right to discharge and the relative nature of the work; however, no single factor is dispositive” (Matter of Sang Hwan Park v Lee, 53 AD3d 936, 938 [2008]; accord Matter of Lai Pock Lew v Younger, 69 AD3d at 1162 ).

22
Claim of Keles v. Santosgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011In making this determination, the Board considers such factors as “the right to control the work, the method of payment, the right to discharge and the relative nature of the work; however, no single factor is dis-positive” (Matter of Sang Hwan Park v Lee, 53 AD3d 936, 938 [2008]; see Matter of Keles v Santos, 73 AD3d 1396, 1396 [2010]).

11
Claim of Lai Pock Lew v. Youngergreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010In determining whether an employer-employee relationship exists, the Board considers factors such as “the right to control the work, the method of payment, the right to discharge and the relative nature of the work; however, no single factor is dispositive” (Matter of Sang Hwan Park v Lee, 53 AD3d 936, 938 [2008]; accord Matter of Lai Pock Lew v Younger, 69 AD3d at 1162 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Vigliotti v. State of New York Executive Division of Parole green
nyappdiv · 2012
2 sentences

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

32014–2014
Vigliotti v. State Executive Division of Parole neutral
ny · 2013
2 sentences

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

2014Div. of Parole, 98 AD3d 789 , 790 [2012], lv dismissed 20 NY3d 1034 [2013]; Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Lue-Shing v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]; People ex rel.

32014–2014

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.25 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 5 (2010–2014) NE 3 (1978–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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