34 New York opinions name it 7 courts 1915–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
People v. Bracewellgreen2 sentences2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 [2006], lv denied 8 NY3d 950 [2007]; People v Shank, 26 AD3d 812, 813-814 [2006]; People v Milo, 300 AD2d 680, 681 [2002], lv denied 99 NY2d 630 [2003]). 2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 , lv denied 8 NY3d 950 ; People v Shank, 26 AD3d 812, 813-814 ; People v Milo, 300 AD2d 680, 681 , lv denied 99 NY2d 630 ). | 1 | 2 |
People v. Milogreen2 sentences2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 [2006], lv denied 8 NY3d 950 [2007]; People v Shank, 26 AD3d 812, 813-814 [2006]; People v Milo, 300 AD2d 680, 681 [2002], lv denied 99 NY2d 630 [2003]). 2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 , lv denied 8 NY3d 950 ; People v Shank, 26 AD3d 812, 813-814 ; People v Milo, 300 AD2d 680, 681 , lv denied 99 NY2d 630 ). | 1 | 2 |
People v. Contesgreen2 sentences2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 [2006], lv denied 8 NY3d 950 [2007]; People v Shank, 26 AD3d 812, 813-814 [2006]; People v Milo, 300 AD2d 680, 681 [2002], lv denied 99 NY2d 630 [2003]). 2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 , lv denied 8 NY3d 950 ; People v Shank, 26 AD3d 812, 813-814 ; People v Milo, 300 AD2d 680, 681 , lv denied 99 NY2d 630 ). | 1 | 2 |
In re Teiggreen1 sentence2024Given the foregoing, in view of the extraordinary circumstances presented in this case, it is our opinion that the sanction of public censure is warranted "in light of the nonvenal nature of the conduct and factors in mitigation" ( Matter of Huston , 214 AD3d 138 , 141 [1st Dept 2023]; see Matter of Lucere , 181 AD3d 113 , 118 [2d Dept 2020]; Matter of Teig , 235 AD2d 626, 626-627 [3d Dept 1997]). | 1 | 1 |
Matter of Luceregreen1 sentence2024Given the foregoing, in view of the extraordinary circumstances presented in this case, it is our opinion that the sanction of public censure is warranted "in light of the nonvenal nature of the conduct and factors in mitigation" ( Matter of Huston , 214 AD3d 138 , 141 [1st Dept 2023]; see Matter of Lucere , 181 AD3d 113 , 118 [2d Dept 2020]; Matter of Teig , 235 AD2d 626, 626-627 [3d Dept 1997]). | 1 | 1 |
Bower Associates v. Town of Pleasant Valleygreen1 sentence2014(See Kadrmas v Dickinson Public Schools, 487 US 450, 457-458 [1988]; Bower Assoc. v Town of Pleasant Val., 2 NY3d 617, 630-631 [2004].) Respondent permits premises residence licensees with a hunting license to travel outside of New York City for hunting activities, as opposed to target shooting activities, because hunting is a highly regulated licensed activity, and law enforcement throughout New York State are familiar with its many rules and requirements. | 1 | 1 |
Kadrmas v. Dickinson Public Schoolsgreen1 sentence2014(See Kadrmas v Dickinson Public Schools, 487 US 450, 457-458 [1988]; Bower Assoc. v Town of Pleasant Val., 2 NY3d 617, 630-631 [2004].) Respondent permits premises residence licensees with a hunting license to travel outside of New York City for hunting activities, as opposed to target shooting activities, because hunting is a highly regulated licensed activity, and law enforcement throughout New York State are familiar with its many rules and requirements. | 1 | 1 |
de Illy v. Kellygreen1 sentence2014(See de Illy, 6 AD3d at 218 [“petitioner (did) not demonstrate() how he (was) aggrieved by the local rule . . .”].) * As to petitioner’s equal protection argument, in order to state an equal protection claim, petitioner must establish that he, compared with others similarly situated, was selectively treated, and that such treatment was intentionally based on an impermissible consideration—membership in a suspect class and/or a violation of a fundamental right—or malicious or bad faith desire to injure a person. | 1 | 1 |
State v. Blue Crest Plans, Inc.green1 sentence2005(Matter of Feinstein [Attorney General of State of N.Y.], 36 NY2d 199, 208 [1975].) As the Feinstein court noted, “[t]erms like fortuitousness ... in the law, as with the word accident, have always caused conceptual difficulties . . . [i]n this area it is easy to slip into metaphysical. . . distinctions.” (Matter of Feinstein, 36 NY2d at 208 .) While Feinstein’s holding was subsequently narrowed to apply primarily to the rendition of prepaid legal services (see State of New York v Blue Crest Plans, 72 AD2d 713, 714 [1st Dept 1979]), its comment on the difficulty in adhering to a rigid definiti | 1 | 1 |
In re Feinsteingreen2 sentences2005(Matter of Feinstein [Attorney General of State of N.Y.], 36 NY2d 199, 208 [1975].) As the Feinstein court noted, “[t]erms like fortuitousness ... in the law, as with the word accident, have always caused conceptual difficulties . . . [i]n this area it is easy to slip into metaphysical. . . distinctions.” (Matter of Feinstein, 36 NY2d at 208 .) While Feinstein’s holding was subsequently narrowed to apply primarily to the rendition of prepaid legal services (see State of New York v Blue Crest Plans, 72 AD2d 713, 714 [1st Dept 1979]), its comment on the difficulty in adhering to a rigid definiti 2005(Matter of Feinstein [Attorney General of State of N.Y.], 36 NY2d 199, 208 [1975].) As the Feinstein court noted, “[t]erms like fortuitousness ... in the law, as with the word accident, have always caused conceptual difficulties . . . [i]n this area it is easy to slip into metaphysical. . . distinctions.” (Matter of Feinstein, 36 NY2d at 208 .) While Feinstein’s holding was subsequently narrowed to apply primarily to the rendition of prepaid legal services (see State of New York v Blue Crest Plans, 72 AD2d 713, 714 [1st Dept 1979]), its comment on the difficulty in adhering to a rigid definiti | 1 | 1 |
Rossi v. Arnot Ogden Medical Centergreen1 sentence2000Ctr., 252 AD2d 778, 779 [3d Dept 1998]). | 1 | 1 |
Society of Plastics Industry, Inc. v. County of Suffolkgreen1 sentence1999Accordingly, we find that petitioner lacks standing to contest the validity of the rule or its possible conflict with Public Officers Law § 89 (3) (see, Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 772-773). | 1 | 1 |
| Workman v. New York Citygreen | 1 | 1 |
| Holland Furnace Co. v. Department of Treasurygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Russo
green
2 sentences2012In addition, defendant admitted to him that he drank three beers at a local bar, and defendant refused to take a breathalyzer test, which permitted the jury to infer that he refused to take the test because he knew that the results would be incriminating (see Vehicle and Traffic Law § 1194 [2] [f]; People v Schuh, 4 AD3d 751 [2004], lv denied 2 NY3d 806 [2004]). 2012In addition, defendant admitted to him that he drank three beers at a local bar, and defendant refused to take a breathalyzer test, which permitted the jury to infer that he refused to take the test because he knew that the results would be incriminating (see Vehicle and Traffic Law § 1194 [2] [f]; People v Schuh, 4 AD3d 751 , lv denied 2 NY3d 806 ). | 2 | 2012–2012 |
People v. Schuh
green
2 sentences2012In addition, defendant admitted to him that he drank three beers at a local bar, and defendant refused to take a breathalyzer test, which permitted the jury to infer that he refused to take the test because he knew that the results would be incriminating (see Vehicle and Traffic Law § 1194 [2] [f]; People v Schuh, 4 AD3d 751 [2004], lv denied 2 NY3d 806 [2004]). 2012In addition, defendant admitted to him that he drank three beers at a local bar, and defendant refused to take a breathalyzer test, which permitted the jury to infer that he refused to take the test because he knew that the results would be incriminating (see Vehicle and Traffic Law § 1194 [2] [f]; People v Schuh, 4 AD3d 751 , lv denied 2 NY3d 806 ). | 2 | 2012–2012 |
People v. Scroger
green
2 sentences2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 [2006], lv denied 8 NY3d 950 [2007]; People v Shank, 26 AD3d 812, 813-814 [2006]; People v Milo, 300 AD2d 680, 681 [2002], lv denied 99 NY2d 630 [2003]). 2012Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that the evidence is legally sufficient to support the conviction (see People v Scroger, 35 AD3d 1218 , lv denied 8 NY3d 950 ; People v Shank, 26 AD3d 812, 813-814 ; People v Milo, 300 AD2d 680, 681 , lv denied 99 NY2d 630 ). | 2 | 2012–2012 |
The People v. Michael Diack
green
1 sentence2016(See People v Diack, 24 NY3d 674 [2015]; People v Cooper, 49 Misc 3d 132[A] , 2015 NY Slip Op 51442[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2015]; cf. People v Jefferson, Sup Ct, Bronx County, Gross, J., index No. 2862/2013.) Further, the New York City Council has not passed local legislation permitting the creation of this database, which would have generated a need for a preemption balancing test, the local rule to be a factor weighed against the clear policy under the New York State statutory framework. | 1 | 2016–2016 |
Cibener v. City of New York
green
1 sentence2006While CPLR 3212 (a) and the applicable local rule specify the date of filing of the note of issue as the triggering date for the time within which to bring a summary judgment motion, and do not mention service of the note of issue, an opponent’s failure to serve a note of issue constitutes good cause for a late summary judgment motion (see Cibener v City of New York, 268 AD2d 334 [2000]). | 1 | 2006–2006 |
Electronic Realty Associates, Inc. v. Lennon
green
1 sentence2005(Matter of Feinstein [Attorney General of State of N.Y.], 36 NY2d 199, 208 [1975].) As the Feinstein court noted, “[t]erms like fortuitousness ... in the law, as with the word accident, have always caused conceptual difficulties . . . [i]n this area it is easy to slip into metaphysical. . . distinctions.” (Matter of Feinstein, 36 NY2d at 208 .) While Feinstein’s holding was subsequently narrowed to apply primarily to the rendition of prepaid legal services (see State of New York v Blue Crest Plans, 72 AD2d 713, 714 [1st Dept 1979]), its comment on the difficulty in adhering to a rigid definiti | 1 | 2005–2005 |
Grant v. Senkowski
green
1 sentence2002CPLR 304 provides in relevant part that “[a]n action is commenced by filing a summons and complaint,” and that such filing “shall mean the delivery of the * * * summons and complaint * * * together with any fee required.” CPLR 304 further provides that, “[a]t the time of filing, the filed papers shall be date stamped by the clerk of the court who shall file them and maintain a record of the date of the filing and who shall return forthwith a date stamped copy, together with an index number, to the filing party.” Papers are filed within the meaning of CPLR 304 upon their physical receipt by the | 1 | 2002–2002 |
Nucci v. Proper
green
1 sentence2002Lay witnesses “may only testify concerning ‘facts and not to their opinions and conclusions drawn from the facts’” (Nucci v Proper, 270 AD2d 816, 817 , affd 95 NY2d 597 , quoting Prince, Richardson on Evidence § 7-101, at 443 [Farrell 11th ed]), and the testimony of the nurse concerning the local standard of care would have constituted improper opinion testimony. | 1 | 2002–2002 |
Nucci v. Proper
green
1 sentence2002Lay witnesses “may only testify concerning ‘facts and not to their opinions and conclusions drawn from the facts’” (Nucci v Proper, 270 AD2d 816, 817 , affd 95 NY2d 597 , quoting Prince, Richardson on Evidence § 7-101, at 443 [Farrell 11th ed]), and the testimony of the nurse concerning the local standard of care would have constituted improper opinion testimony. | 1 | 2002–2002 |
Johnson v. Goord
green
1 sentence2002CPLR 304 provides in relevant part that “[a]n action is commenced by filing a summons and complaint,” and that such filing “shall mean the delivery of the * * * summons and complaint * * * together with any fee required.” CPLR 304 further provides that, “[a]t the time of filing, the filed papers shall be date stamped by the clerk of the court who shall file them and maintain a record of the date of the filing and who shall return forthwith a date stamped copy, together with an index number, to the filing party.” Papers are filed within the meaning of CPLR 304 upon their physical receipt by the | 1 | 2002–2002 |
Maniscalco v. Power
green
1 sentence2001Such rule states that “[n]o specifications of objections to any petition will be considered by the board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition.” As aptly noted by Supreme Court, the purpose of the service requirement is to ensure that an opponent is provided with the opportunity to defend against any challenges to the petition (see, Matter of Maniscalco v Power, 8 Misc 2d 677, 678 , affd 4 AD2d 479 , affd 3 NY2d 918 ). | 1 | 2001–2001 |
Maniscalco v. Power
green
1 sentence2001Such rule states that “[n]o specifications of objections to any petition will be considered by the board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition.” As aptly noted by Supreme Court, the purpose of the service requirement is to ensure that an opponent is provided with the opportunity to defend against any challenges to the petition (see, Matter of Maniscalco v Power, 8 Misc 2d 677, 678 , affd 4 AD2d 479 , affd 3 NY2d 918 ). | 1 | 2001–2001 |
Maniscalco v. Power
neutral
1 sentence2001Such rule states that “[n]o specifications of objections to any petition will be considered by the board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition.” As aptly noted by Supreme Court, the purpose of the service requirement is to ensure that an opponent is provided with the opportunity to defend against any challenges to the petition (see, Matter of Maniscalco v Power, 8 Misc 2d 677, 678 , affd 4 AD2d 479 , affd 3 NY2d 918 ). | 1 | 2001–2001 |
Lecker v. New York City Board of Education
neutral
1 sentence1999While it appears that 43 RCNY 1-05 (d), which provides that the approximate date of an agency’s FOIL determination shall not exceed 10 business days from the date of the agency’s acknowledgment of receipt of the request, may be in conflict with Public Officers Law § 89 (3), which provides that within five business days of the receipt of a request, an agency must either make the requested records available, deny the request or acknowledge receipt of the request with a statement indicating the approximate date when a determination will be made (cf., Lecker v New York City Bd. of Educ., 157 AD2d | 1 | 1999–1999 |
People v. White
green
1 sentence1998Madison v Sullivan, 142 AD2d 621, 622 ). | 1 | 1998–1998 |
Carder v. Ramos
green
1 sentence1998It was not necessary for Supreme Court to strike the note of issue in order to adjourn the trial date (cf., People v Spears, 64 NY2d 698 ; Carder v Ramos, 163 AD2d 732 ) or stay the action pursuant to CPLR 5519 (c). | 1 | 1998–1998 |
People v. Spears
green
1 sentence1998It was not necessary for Supreme Court to strike the note of issue in order to adjourn the trial date (cf., People v Spears, 64 NY2d 698 ; Carder v Ramos, 163 AD2d 732 ) or stay the action pursuant to CPLR 5519 (c). | 1 | 1998–1998 |
Tewari v. Tsoutsouras
green
1 sentence1998In light of the fact that the local rule was promulgated pursuant to Supreme Court’s discretion, we will not disturb its decision to lengthen its own time restriction, especially since plaintiffs have not demonstrated any prejudice as a result of the short delay (cf., Tewari v Tsoutsouras, 75 NY2d 1 ; Harley v United Servs. | 1 | 1998–1998 |
| People v. Middlemiss green | 1 | 1995–1995 |
| People v. Toro neutral | 1 | 1992–1992 |
| Glickfeld v. Howard Van Lines, Inc. Howard Van Lines, Inc. v. Glickfeld green | 1 | 1990–1990 |
| American Railway Express Co. v. Levee green | 1 | 1990–1990 |
| Davis v. Wechsler green | 1 | 1990–1990 |
| Robins Dry Dock & Repair Co. v. Dahl green | 1 | 1990–1990 |
| South Buffalo Railway Co. v. Ahern green | 1 | 1990–1990 |
| Lerakoli, Inc. v. Pan American World Airways, Inc. green | 1 | 1990–1990 |
| Utility Contractors, Inc. v. United States green | 1 | 1990–1990 |
| People v. Sostre green | 1 | 1987–1987 |
| Collins v. Hammock green | 1 | 1985–1985 |
| O'Brien v. Lang neutral | 1 | 1982–1982 |
| O'Brien v. Lang neutral | 1 | 1982–1982 |
| Cooper v. Morin green | 1 | 1982–1982 |
| People v. Samuels green | 1 | 1981–1981 |
| In re Accounting of Lincoln Rochester Trust Co. green | 1 | 1979–1979 |
| In re the Application of Westchester Legal Services, Inc. green | 1 | 1976–1976 |
| Pressman v. Geiler neutral | 1 | 1976–1976 |
| Galante v. Doe green | 1 | 1974–1974 |
| Hans Rees' Sons, Inc. v. North Carolina Ex Rel. Maxwell green | 1 | 1963–1963 |
| Klinger v. United States green | 1 | 1963–1963 |
| cluster 237661 green | 1 | 1960–1960 |
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.