section 10 ex post facto clause (New York) · Go Syfert
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section 10 ex post facto clause in New York

5 New York opinions name it 3 courts 1982–1994 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New York.

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 (10)

CaseCitedYears
Kamhi v. Town of Yorktown green
ny · 1989
1 sentence

1994A village can amend or supersede a provision of the Village Law only to the extent to which it is authorized to adopt local laws under section 10 of the Municipal Home Rule Law (see, Kamhi v Town of Yorktown, 74 NY2d 423, 432 ).

11994–1994
Walker v. Town of Hempstead green
nyappdiv · 1993
1 sentence

1994The Appellate Division reversed and reinstated the complaint ( 190 AD2d 364 ), holding that while the two enactments were in fact inconsistent, the adoption of the local law fell within the Town’s authority to supersede State laws under Municipal Home Rule Law § 10 (1) (ii) (d) (3).

11994–1994
Yoga Society of New York, Inc. v. Incorporated Town of Monroe green
nyappdiv · 1977
1 sentence

1986Turning now to the supersession argument, we recognize the well-settled tenet that zoning regulations may be enacted by local law pursuant to Municipal Home Rule Law § 10 (Matter of Sherman v Frazier, 84 AD2d 401, 409 ; Village of Savona v Soles, 84 AD2d 683, 684 ; Yoga Socy. v Incorporated Town of Monroe, 56 AD2d 842, 843 , appeal dismissed 42 NY2d 910 ; Town of Clifton Park v C.

11986–1986
Sherman v. Frazier green
nyappdiv · 1982
1 sentence

1986Turning now to the supersession argument, we recognize the well-settled tenet that zoning regulations may be enacted by local law pursuant to Municipal Home Rule Law § 10 (Matter of Sherman v Frazier, 84 AD2d 401, 409 ; Village of Savona v Soles, 84 AD2d 683, 684 ; Yoga Socy. v Incorporated Town of Monroe, 56 AD2d 842, 843 , appeal dismissed 42 NY2d 910 ; Town of Clifton Park v C.

11986–1986
Village of Savona v. Soles green
nyappdiv · 1981
1 sentence

1986Turning now to the supersession argument, we recognize the well-settled tenet that zoning regulations may be enacted by local law pursuant to Municipal Home Rule Law § 10 (Matter of Sherman v Frazier, 84 AD2d 401, 409 ; Village of Savona v Soles, 84 AD2d 683, 684 ; Yoga Socy. v Incorporated Town of Monroe, 56 AD2d 842, 843 , appeal dismissed 42 NY2d 910 ; Town of Clifton Park v C.

11986–1986
Town of Clifton Park v. C. P. Enterprises green
nyappdiv · 1974
1 sentence

1986P. Enters., 45 AD2d 96, 97 ), which provides, in pertinent part: "1.

11986–1986
People v. Aiello green
nyappdiv · 1983
1 sentence

1984We note that the persistent violent felony offender statutes (Penal Law, §§ 70.02, 70.04,70.08), as applied to defendant, do not violate the ex post facto clause of section 10 of article I of the United States Constitution (see People v Barbour, 96 AD2d 842 ; People v Balfour, 95 AD2d 812 ; People v Aiello, 93 AD2d 864 , mot for lv to app granted 60 NY2d 822 ).

11984–1984
People v. Barbour neutral
nyappdiv · 1983
1 sentence

1984We note that the persistent violent felony offender statutes (Penal Law, §§ 70.02, 70.04,70.08), as applied to defendant, do not violate the ex post facto clause of section 10 of article I of the United States Constitution (see People v Barbour, 96 AD2d 842 ; People v Balfour, 95 AD2d 812 ; People v Aiello, 93 AD2d 864 , mot for lv to app granted 60 NY2d 822 ).

11984–1984
People v. Balfour green
nyappdiv · 1983
1 sentence

1984We note that the persistent violent felony offender statutes (Penal Law, §§ 70.02, 70.04,70.08), as applied to defendant, do not violate the ex post facto clause of section 10 of article I of the United States Constitution (see People v Barbour, 96 AD2d 842 ; People v Balfour, 95 AD2d 812 ; People v Aiello, 93 AD2d 864 , mot for lv to app granted 60 NY2d 822 ).

11984–1984
City of Troy Unit v. City of Troy neutral
nyappdiv · 1971
1 sentence

1982First, when the board has fixed the salary by local law under Municipal Home Rule Law, § 10 (1)(ii)(a)(1), it may thereafter decrease that salary only by another local law ( Civil Service Employees Association, Inc. v City of Troy, 36 A.D.2d 145 [3d Dept, 1971]; McQuillin, Municipal Corporations, 3d Edition, § 21.02), which, if it is to be effective before expiration of the term of office of the village justice then in office, is subject to mandatory referendum (Municipal Home Rule Law, § 23 [2][e]; 1974 Op Atty Gen [Inf] 209).

11982–1982

Statutes the citing opinions construe

NY § N.Y. Municipal Home Rule Law § 10 (5)

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

OH 39 (1999–2016) TX 8 (1986–2024) IL 7 (2015–2025) NY 5 (1982–1994) OR 3 (1987–2002) DE 3 (1992–2017) TN 2 (1979–1981) MD 2 (1998–2005) AZ 2 (1975–1976) OK 2 (1987–1988) FL 2 (1963–1994) WV 2 (1916–1964)

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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