section 500.4 review of submissions (New York) · Go Syfert
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section 500.4 review of submissions in New York

377 New York opinions name it 1 courts 1984–2005 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 (2)

CaseFollowedCited
In re Town of Islipgreen
ny · 1980 · cited in 2 New York opinions naming this issue, 1984–1984
2 sentences

1984The Appellate Division order dismissing claimant’s appeal from the nonfinal Court of Claims order dated September 27, 1982 is treated as one of affirmance (see, e.g., Matter of Town of Islip [Mascioli], 49 NY2d 354, 358, n 1 ); and the appeal from that order is dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.

1984The Appellate Division order dismissing claimant’s appeal from the nonfinal Court of Claims order dated September 27, 1982 is treated as one of affirmance (see, e.g., Matter of Town of Islip [Mascioli], 49 NY2d 354, 358, n 1 ); and the appeal from that order is dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.

22
Narducci v. Manhasset Bay Associatesgreen
ny · 2001 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240 (l)’s protection, and the dolly was an object that required securing for the purposes of the undertaking (cf. Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001]).

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 (78)

CaseCitedYears
People v. Gray green
ny · 1995
2 sentences

1995OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (see, People v Gray, 86 NY2d 10 [decided today]). *964 Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.

1995OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (see, People v Gray, 86 NY2d 10 [decided today]).

41995–1995
People v. Washington green
ny · 1995
2 sentences

1995OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (see, People v Washington, 86 NY2d 189 [decided today]).

1995OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (see, People v Washington, 86 NY2d 189 [decided today]).

31995–1995
People v. Dercole green
ny · 1981
2 sentences

1989On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed upon the ground that the County Court’s determination of reversal was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal” (CPL 450.90 [2] [a]; People v Dercole, 52 NY2d 956, 957 ; People v Johnson, 47 NY2d 124, 126-127 ).

1989Although the Appellate Division stated that its reversal was on the law, it was based upon a claimed error which was not preserved and does not present a question of law for review by this court (People v Dercole, 52 NY2d 956 ).

31986–1989
Di Ponzio v. Riordan green
ny · 1997
2 sentences

2002The Appellate Division properly determined that plaintiff's accident was not within the reasonably foreseeable risks of the defendant's alleged negligence ( see, Di Ponzio v Riordan, 89 NY2d 578, 583-584 ).

2002The Appellate Division properly determined that plaintiffs accident was not within the reasonably foreseeable risks of the defendant’s alleged negligence (see, Di Ponzio v Riordan, 89 NY2d 578, 583-584 ).

22002–2002
Hearst Corp. v. Clyne green
ny · 1980
2 sentences

1999OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and case remitted to Civil Court of the City of New York, New York County, with directions to dismiss the proceeding upon the ground of mootness (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 718 ; Matter of Adirondack League Club v Board of Black Riv.

1985On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc. While all 25 patients who are the subject of the petition have by now been transferred to an OMRDD facility, we retain jurisdiction because of the substantial issues raised, the likelihood of repetition, and the fact that these issues may otherwise evade review (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 ).

21985–1999
People v. Bleakley green
ny · 1987
2 sentences

1995Defendant failed to preserve for this Court’s review his argument based upon People v Bleakley ( 69 NY2d 490 ).

1991The evidence supporting the defendant’s conviction for second degree robbery was legally sufficient and there is no basis to conclude that the Appellate Division failed to exercise its factual review powers required by People v Bleakley ( 69 NY2d 490 ).

21991–1995
People v. Harrison green
ny · 1982
2 sentences

1992The determination that a defendant validly waived the constitutional right to remain silent resolves a mixed question of law and fact, and is not subject to further review in this Court where, as here, it is supported by evidence in the record (see, People v Harrison, 57 NY2d 470 ).

1992OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (People v Harrison, 57 NY2d 470, 477-479 ).

21992–1992
Clark v. Canandaigua City School District neutral
nyappdiv · 1992
2 sentences

1992On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 179 AD2d 1006 ).

1992OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 179 AD2d 1006 ).

21992–1992
Swartzlander v. Forms-Rite Business Forms & Printing Service, Inc. green
nyappdiv · 1991
2 sentences

1991On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 174 AD2d 971 ).

1991OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 174 AD2d 971 ).

21991–1991
People v. Casiano green
ny · 1986
2 sentences

1989That court erred in failing to assign new counsel after determining that the appeal presented a nonfrivolous issue (see, People v Casiano, 67 NY2d 906, 907 ).

1987This case involves a direct appeal of the judgment of conviction as in People v Casiano ( 67 NY2d 906 ) and People v Gonzalez ( 47 NY2d 606 ).

21987–1989
State Farm Mutual Automobile Insurance v. Aetna Casualty & Surety Co. green
nyappdiv · 1987
2 sentences

1988On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 132 AD2d 930 ).

1988OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 132 AD2d 930 ).

21988–1988
Halkedis v. Two East End Avenue Apartment Corp. green
nyappdiv · 1988
2 sentences

1988On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 137 AD2d 452 ).

1988OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 137 AD2d 452 ).

21988–1988
Til v. O'Brien neutral
nyappdiv · 1976
2 sentences

1987Co. , 74 AD2d 730 , mot to dismiss appeal granted 49 N.Y.2d 1043 ; Til v O'Brien , 53 AD2d 1030 , appeal dismissed 40 N.Y.2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

1987Co., 74 AD2d 730 , mot to dismiss appeal granted 49 NY2d 1043 ; Til v O’Brien, 53 AD2d 1030 , appeal dismissed 40 NY2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

21987–1987
Le Frois Foods Corp. v. Aetna Insurance neutral
nyappdiv · 1980
2 sentences

1987Co. , 74 AD2d 730 , mot to dismiss appeal granted 49 N.Y.2d 1043 ; Til v O'Brien , 53 AD2d 1030 , appeal dismissed 40 N.Y.2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

1987Co., 74 AD2d 730 , mot to dismiss appeal granted 49 NY2d 1043 ; Til v O’Brien, 53 AD2d 1030 , appeal dismissed 40 NY2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

21987–1987
Til v. O'Brien neutral
ny · 1976
2 sentences

1987Co. , 74 AD2d 730 , mot to dismiss appeal granted 49 N.Y.2d 1043 ; Til v O'Brien , 53 AD2d 1030 , appeal dismissed 40 N.Y.2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

1987Co., 74 AD2d 730 , mot to dismiss appeal granted 49 NY2d 1043 ; Til v O’Brien, 53 AD2d 1030 , appeal dismissed 40 NY2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

21987–1987
Le Frois Foods Corp. v. Aetna Insurance neutral
ny · 1980
2 sentences

1987Co. , 74 AD2d 730 , mot to dismiss appeal granted 49 N.Y.2d 1043 ; Til v O'Brien , 53 AD2d 1030 , appeal dismissed 40 N.Y.2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

1987Co., 74 AD2d 730 , mot to dismiss appeal granted 49 NY2d 1043 ; Til v O’Brien, 53 AD2d 1030 , appeal dismissed 40 NY2d 902 ; Cohen and Karger, Powers of the New York Court of Appeals § 36 [b], at 143-144).

21987–1987
People v. Briggins green
ny · 1980
2 sentences

1986Unlike People v Briggins ( 50 NY2d 302 ), there was here a fraudulent intent.

1986Unlike People v Briggins ( 50 NY2d 302 ), there was here a fraudulent intent.

21986–1986
Cortlandt Nursing Home v. Axelrod green
ny · 1985
2 sentences

1986OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to appellants, by vacating so much thereof as enjoined appellants from recouping purported Medicaid over-payments for the years 1970-1973 and remitted the matter to the Commissioner of Health to determine the amount of repayment, and by directing appellants to hold a hearing in accordance with the governing regulations (10 NYCRR 86-2.7 et seq.), and, as so modified, affirmed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169 ).

1985OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders modified, with costs to appellants, by directing appellants to hold hearings and, as so modified, affirmed (Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169 ).

21985–1986
People ex rel. Vega v. Smith green
ny · 1985
2 sentences

1986Vega v Smith, 66 NY2d 130 ).

1986Vega v Smith, 66 NY2d 130 ).

21986–1986
Corrigan v. Board of Elections green
nyappdiv · 1972
2 sentences

1985(See also, Matter of Corrigan v Board of Elections, 38 AD2d 825 , affd 30 NY2d 603 .) *636 Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.

1984(Matter of Corrigan v Board of Elections, 38 AD2d 825, 826 , affd 30 NY2d 603 .) On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed, without costs, in a memorandum.

21984–1985
In re the Claim of Valentin green
nyappdiv · 1984
2 sentences

1985On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order of the Family Court appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 103 AD2d 919 ).

1985OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order of the Family Court appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 103 AD2d 919 ).

21985–1985
Bio-Tech Mills, Inc. v. Williams green
nyappdiv · 1985
2 sentences

1985Main at the Appellate Division ( 105 AD2d 301 ).

1985Main at the Appellate Division ( 105 AD2d 301 ).

21985–1985
Tomaka v. Evans-Brant Central School District neutral
nyappdiv · 1985
2 sentences

1985On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 107 AD2d 1078 ).

1985OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 107 AD2d 1078 ).

21985–1985
Matter of Corrigan v. Bd. of Elections of Suffolk County neutral
ny · 1972
2 sentences

1985(See also, Matter of Corrigan v Board of Elections, 38 AD2d 825 , affd 30 NY2d 603 .) *636 Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.

1984(Matter of Corrigan v Board of Elections, 38 AD2d 825, 826 , affd 30 NY2d 603 .) On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed, without costs, in a memorandum.

21984–1985
Ball v. State neutral
nyappdiv · 1983
2 sentences

1984opinion of the court On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders of reversal affirmed, with costs, for the reasons stated in the memoranda at the Appellate Division ( 96 AD2d 1139, 1140 ).

1984opinion of the court On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders of reversal affirmed, with costs, for the reasons stated in the memoranda at the Appellate Division ( 96 AD2d 1139, 1140 ).

21984–1984
Mickens v. Prudential Insurance of America neutral
nyappdiv · 1984
2 sentences

1984opinion of the court On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 102 AD2d 815 ; see, also, Matter of Petrofsky [Allstate Ins.

1984OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 102 AD2d 815 ; see, also, Strunk v Zoltanski, 62 NY2d 572 ).

21984–1984
New York Central Mutual Fire Insurance v. Drasgow neutral
nyappdiv · 2004
1 sentence

2005OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition to vacate the arbitration award denied and petition to confirm the arbitration award granted, for the reasons stated in the dissenting memorandum at the Appellate Division ( 12 AD3d 1038, 1039-1040 ), and matter remitted to Supreme Court, Erie County, for consideration of appellant’s claim for attorneys’ fees.

12005–2005
Ferrugia v. New York State Department of Health neutral
nyappdiv · 2004
1 sentence

2004OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Exiles of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition granted, respondents’ determination denying petitioner’s medical assistance application annulled and respondents directed to disregard the income and resources of the subject irrevocable trust in determining petitioner’s entitlement to medical assistance, for the reasons stated in the dissent at the Appellate Division ( 5 AD3d 1116 , 1117-1119 [2004]).

12004–2004
Youthkins v. Cascio green
nyappdiv · 2002
12003–2003
Calcagno v. New York City Transit Authority neutral
nyappdiv · 2000
12000–2000
Barr v. Crosson green
ny · 2000
12000–2000
D'AMICO v. Crosson green
ny · 1999
12000–2000
Henry v. Milonas green
ny · 1998
12000–2000
Munnelly v. Newkirk green
nyappdiv · 1999
11999–1999
Adirondack League Club v. Board of Black River Regulating District green
ny · 1950
11999–1999
People v. Rolston green
ny · 1980
11998–1998
People v. Griminger green
ny · 1988
11998–1998
Burgos v. Aqueduct Realty Corp. green
ny · 1998
11998–1998
Claim of Ayala v. DRE Maintenance Corp. green
nyappdiv · 1997
11997–1997
Modern Disposal Services, Inc. v. Town of Wheatfield neutral
nyappdiv · 1997
11997–1997

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