requisite notice challenge (New York) · Go Syfert
← New York issues

requisite notice challenge in New York

34 New York opinions name it 2 courts 1977–2020 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 (32)

CaseFollowedCited
People v. Perezgreen
nyappdiv · 2009 · cited in 5 New York opinions naming this issue, 2010–2011
2 sentences

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; see generally People v Brown, 64 AD3d 611 ; People v Mays, 54 AD3d 778 , lv denied 11 NY3d 927 ).

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the At torney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; see generally People v Brown, 64 AD3d 611 [2009]; People v Mays, 54 AD3d 778 [2008], lv denied 11 NY3d 927 [2009]).

35
People v. Quinonesgreen
ny · 2009 · cited in 4 New York opinions naming this issue, 2009–2011
2 sentences

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; People v Phillips, 56 AD3d 1168 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Porto, 16 NY3d 93, 102 [2010]; see generally People v Quinones, 12 NY3d 116, 122-131 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).

2011In any event, it is well settled that defendant’s contention that “New York’s discretionary persistent felony offender sentencing scheme is constitutionally infirm . . . [is] unavailing” (P eople v Quinones, 12 NY3d 116, 122 [2009], cert denied 558 US —, 130 S Ct 104 [2009]), and we reject his contentions in his pro se supplemental brief that he was improperly adjudicated a persistent felon and that the sentence is unduly harsh and severe.

34
Genesee Brewing Co. v. Village of Sodus Pointgreen
nysupct · 1984 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

23
Greco v. Incorporated Village of Freeportgreen
nyappdiv · 1996 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

23
People v. Riveragreen
ny · 2005 · cited in 3 New York opinions naming this issue, 2009–2011
2 sentences

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; People v Phillips, 56 AD3d 1168 , lv denied 11 NY3d 928 ), and it is without merit (see People v Porto, 16 NY3d 93, 102 ; see generally People v Quinones, 12 NY3d 116, 122-131 , cert denied ___ US ___, 130 S Ct 104 ; People v Rivera, 5 NY3d 61, 66-68 , cert denied 546 US 984 ).

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; People v Phillips, 56 AD3d 1168 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Porto, 16 NY3d 93, 102 [2010]; see generally People v Quinones, 12 NY3d 116, 122-131 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).

23
Gina P. v. Stephen S.green
nyappdiv · 2006 · cited in 2 New York opinions naming this issue, 2020–2020
2 sentences

2020Petitioner's facial challenge to Social Services Law § 143-b cannot be considered, as it has not submitted proof that it served the Attorney General with the requisite notice of a challenge to the law's constitutionality (CPLR 1012[b][3]; Gina P. v Stephen S. , 33 AD3d 412, 415-416 [1st Dept 2006]).

2020Petitioner's facial challenge to Social Services Law § 143-b cannot be considered, as it has not submitted proof that it served the Attorney General with the requisite notice of a challenge to the law's constitutionality (CPLR 1012[b][3]; Gina P. v Stephen S. , 33 AD3d 412, 415-416 [1st Dept 2006]).

22
The People v. Harvert Stephens, Also Known as Havert Stephensgreen
ny · 2016 · cited in 2 New York opinions naming this issue, 2020–2020
2 sentences

2020In any event, since we reject petitioner's as- applied challenge, "the facial validity of the statute is confirmed" ( People v Stephens , 28 NY3d 307, 312 [2013] [internal quotation marks omitted]).

2020In any event, since we reject petitioner's as-applied challenge, "the facial validity of the statute is confirmed" ( People v Stephens , 28 NY3d 307, 312 [2013] [internal quotation marks omitted]).

22
People v. Browngreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; see generally People v Brown, 64 AD3d 611 ; People v Mays, 54 AD3d 778 , lv denied 11 NY3d 927 ).

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the At torney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; see generally People v Brown, 64 AD3d 611 [2009]; People v Mays, 54 AD3d 778 [2008], lv denied 11 NY3d 927 [2009]).

22
Vieira v. Californiagreen
scotus · 2005 · cited in 3 New York opinions naming this issue, 2009–2011
2 sentences

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; People v Phillips, 56 AD3d 1168 , lv denied 11 NY3d 928 ), and it is without merit (see People v Porto, 16 NY3d 93, 102 ; see generally People v Quinones, 12 NY3d 116, 122-131 , cert denied ___ US ___, 130 S Ct 104 ; People v Rivera, 5 NY3d 61, 66-68 , cert denied 546 US 984 ).

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; People v Phillips, 56 AD3d 1168 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Porto, 16 NY3d 93, 102 [2010]; see generally People v Quinones, 12 NY3d 116, 122-131 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).

13
People v. Bastiangreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 [2001]; People v Watkins, 17 AD3d 1083, 1084 [2005], lv denied 5 NY3d 771 [2005]), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 [2011], lv denied 17 NY3d 813 [2011]).

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 ; People v Watkins, 17 AD3d 1083, 1084 , lv denied 5 NY3d 771 ), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 , lv denied 17 NY3d 813 ).

12
People v. Rawlinsgreen
ny · 2008 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011In any event, defendant’s challenge is without merit (see People v Battles, 16 NY3d 54, 59 [2010], cert denied 565 US —, 132 S Ct 123 [2011]; People v Rawlins, 10 NY3d 136, 158 [2008], cert denied sub nom.

2011In any event, defendant’s challenge is without merit (see People v Battles, 16 NY3d 54, 59 , cert denied ___ US ___ [Oct. 3, 2011]; People v Rawlins, 10 NY3d 136, 158 , cert denied sub nom.

12
People v. Watkinsgreen
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 [2001]; People v Watkins, 17 AD3d 1083, 1084 [2005], lv denied 5 NY3d 771 [2005]), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 [2011], lv denied 17 NY3d 813 [2011]).

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 ; People v Watkins, 17 AD3d 1083, 1084 , lv denied 5 NY3d 771 ), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 , lv denied 17 NY3d 813 ).

12
People v. Bessergreen
ny · 2001 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 [2001]; People v Watkins, 17 AD3d 1083, 1084 [2005], lv denied 5 NY3d 771 [2005]), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 [2011], lv denied 17 NY3d 813 [2011]).

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 ; People v Watkins, 17 AD3d 1083, 1084 , lv denied 5 NY3d 771 ), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 , lv denied 17 NY3d 813 ).

12
People v. Portogreen
ny · 2010 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; People v Phillips, 56 AD3d 1168 , lv denied 11 NY3d 928 ), and it is without merit (see People v Porto, 16 NY3d 93, 102 ; see generally People v Quinones, 12 NY3d 116, 122-131 , cert denied ___ US ___, 130 S Ct 104 ; People v Rivera, 5 NY3d 61, 66-68 , cert denied 546 US 984 ).

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; People v Phillips, 56 AD3d 1168 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Porto, 16 NY3d 93, 102 [2010]; see generally People v Quinones, 12 NY3d 116, 122-131 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).

12
People v. Battlesgreen
ny · 2010 · cited in 2 New York opinions naming this issue, 2011–2011
2 sentences

2011In any event, defendant’s challenge is without merit (see People v Battles, 16 NY3d 54, 59 [2010], cert denied 565 US —, 132 S Ct 123 [2011]; People v Rawlins, 10 NY3d 136, 158 [2008], cert denied sub nom.

2011In any event, defendant’s challenge is without merit (see People v Battles, 16 NY3d 54, 59 , cert denied ___ US ___ [Oct. 3, 2011]; People v Rawlins, 10 NY3d 136, 158 , cert denied sub nom.

12
People v. Woodardgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012However, defendant failed to provide the requisite notice of this challenge to the Attorney General (see CPLR 1012 [b] [1], [3]; Executive Law § 71 [1], [3]; People v Woodard, 83 AD3d 1440, 1442 [2011], lv denied 17 NY3d 803 [2011]).

11
Lapkin v. Lapkingreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In any event, respondent waived any objection to the notice requirements by appearing and defending against the contempt application on the merits (see Franklin v Leff, 192 AD2d 328 [1993], lv dismissed 82 NY2d 749 [1993]; see also Lapkin v Lapkin, 224 AD2d 199, 200 [1996]).

11
People v. Evansgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012He further failed to preserve the issue for our review by raising it before County Court, and we decline to exercise our interest of justice jurisdiction (see People v Schaurer, 32 AD3d 1241 [2006]; People v Evans, 27 AD3d 905, 906 [2006], lv denied 6 NY3d 847 [2006]).

11
Regan v. Town of North Hempsteadgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
11
Holmes v. Town of Oyster Baygreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2011–2011
11
Salaam v. Goordgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2010–2010
11
Martin v. Goordgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2010–2010
11
Tumminia v. Goordgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2010–2010
11
People v. Bakolasgreen
ny · 1983 · cited in 1 New York opinions naming this issue, 2010–2010
11
Layaou v. Xerox Corp.green
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2009–2009
11
Patrowich v. Chemical Bankgreen
ny · 1984 · cited in 1 New York opinions naming this issue, 2009–2009
11
Nassau Insurance v. Murraygreen
ny · 1978 · cited in 1 New York opinions naming this issue, 2008–2008
11
People v. Smithgreen
ny · 1994 · cited in 1 New York opinions naming this issue, 2005–2005
11
People v. Lawsongreen
nyappdiv · 1986 · cited in 1 New York opinions naming this issue, 2005–2005
11
People v. Megliogreen
nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2005–2005
11
Cadiz v. Goordgreen
nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2005–2005
11
People v. Lancastergreen
ny · 1986 · cited in 1 New York opinions naming this issue, 2005–2005
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 (37)

CaseCitedYears
People v. Rivera green
ny · 2010
2 sentences

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; see generally People v Brown, 64 AD3d 611 ; People v Mays, 54 AD3d 778 , lv denied 11 NY3d 927 ).

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the At torney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; see generally People v Brown, 64 AD3d 611 [2009]; People v Mays, 54 AD3d 778 [2008], lv denied 11 NY3d 927 [2009]).

52010–2011
People v. Perkins green
nyappdiv · 2006
2 sentences

2011Viewing the evidence in light of the elements of the crime of burglary in the first degree as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), we reject defendant’s contention that the verdict with respect to the counts of the indictment charging that crime is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 ). -3- 392 KA 04-01470 Defendant’s constitutional challenge to the persistent felony offender statute is not properly before us inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of t

2011Defendant’s constitutional challenge to the persistent felony offender statute is not properly before us inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge (see Executive Law § 71 [3]; People v Schaurer, 32 AD3d 1241 [2006]).

42009–2012
Town of Somerset v. Perry green
nyappdiv · 1985
2 sentences

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

2015While we agree with the Village that the notice of claim requirements of CPLR 9802 apply to all actions, including actions in equity (see Genesee Brewing Co. v Village of Sodus Point, 126 Misc 2d 827, 831-833 [1984], affd for reasons stated 115 AD2d 313 [1985]; see also Mendik v Incorporated Vil. of Lattingtown, 76 AD3d 616 , 618 [2010]; Greco v Incorporated Vil. of Freeport, 223 AD2d 674, 674 [1996]), we agree with the Town that an exception to the notice of claim requirement exists where “compliance would prevent obtaining the relief required because of the immediacy [of] the relief warrante

32015–2015
People v. Perez green
ny · 2009
2 sentences

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; People v Phillips, 56 AD3d 1168 , lv denied 11 NY3d 928 ), and it is without merit (see People v Porto, 16 NY3d 93, 102 ; see generally People v Quinones, 12 NY3d 116, 122-131 , cert denied ___ US ___, 130 S Ct 104 ; People v Rivera, 5 NY3d 61, 66-68 , cert denied 546 US 984 ).

2011In any event, that contention is not preserved for our review (see People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; People v Phillips, 56 AD3d 1168 [2008], lv denied 11 NY3d 928 [2009]), and it is without merit (see People v Porto, 16 NY3d 93, 102 [2010]; see generally People v Quinones, 12 NY3d 116, 122-131 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61, 66-68 [2005], cert denied 546 US 984 [2005]).

32009–2011
People v. Anthony green
ny · 2011
2 sentences

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 [2001]; People v Watkins, 17 AD3d 1083, 1084 [2005], lv denied 5 NY3d 771 [2005]), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 [2011], lv denied 17 NY3d 813 [2011]).

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 ; People v Watkins, 17 AD3d 1083, 1084 , lv denied 5 NY3d 771 ), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 , lv denied 17 NY3d 813 ).

22011–2011
People v. Mays green
nyappdiv · 2008
2 sentences

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; see generally People v Brown, 64 AD3d 611 ; People v Mays, 54 AD3d 778 , lv denied 11 NY3d 927 ).

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the At torney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; see generally People v Brown, 64 AD3d 611 [2009]; People v Mays, 54 AD3d 778 [2008], lv denied 11 NY3d 927 [2009]).

22011–2011
People v. McMath green
ny · 2009
2 sentences

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the Attorney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 , lv denied 13 NY3d 941 ; see generally People v Brown, 64 AD3d 611 ; People v Mays, 54 AD3d 778 , lv denied 11 NY3d 927 ).

2011“Defendant’s constitutional challenge [in his main brief] to the persistent felony offender statute is not properly before us, inasmuch as there is no indication in the record that the At torney General was given the requisite notice of that challenge” (People v Perez, 67 AD3d 1324, 1326 [2009], lv denied 13 NY3d 941 [2010]; see generally People v Brown, 64 AD3d 611 [2009]; People v Mays, 54 AD3d 778 [2008], lv denied 11 NY3d 927 [2009]).

22011–2011
People v. Wright green
ny · 2005
2 sentences

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 [2001]; People v Watkins, 17 AD3d 1083, 1084 [2005], lv denied 5 NY3d 771 [2005]), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 [2011], lv denied 17 NY3d 813 [2011]).

2011Defendant’s constitutional challenge to the persistent felony offender statute is unpreserved for our review (see People v Besser, 96 NY2d 136, 148 ; People v Watkins, 17 AD3d 1083, 1084 , lv denied 5 NY3d 771 ), and “ ‘there is no indication in the record that the Attorney General was given the requisite notice of that challenge’ ” (People v Bastian, 83 AD3d 1468, 1469-1470 , lv denied 17 NY3d 813 ).

22011–2011
People v. Wester green
ny · 2011
1 sentence

2012However, defendant failed to provide the requisite notice of this challenge to the Attorney General (see CPLR 1012 [b] [1], [3]; Executive Law § 71 [1], [3]; People v Woodard, 83 AD3d 1440, 1442 [2011], lv denied 17 NY3d 803 [2011]).

12012–2012
People v. DuQUIN green
ny · 2006
1 sentence

2012He further failed to preserve the issue for our review by raising it before County Court, and we decline to exercise our interest of justice jurisdiction (see People v Schaurer, 32 AD3d 1241 [2006]; People v Evans, 27 AD3d 905, 906 [2006], lv denied 6 NY3d 847 [2006]).

12012–2012
Franklin v. Leff neutral
nyappdiv · 1993
1 sentence

2012In any event, respondent waived any objection to the notice requirements by appearing and defending against the contempt application on the merits (see Franklin v Leff, 192 AD2d 328 [1993], lv dismissed 82 NY2d 749 [1993]; see also Lapkin v Lapkin, 224 AD2d 199, 200 [1996]).

12012–2012
Amabile v. City of Buffalo green
ny · 1999
12011–2011
Chavez v. Medical Assurance Co. green
scotus · 2011
12011–2011
People v. Danielson green
ny · 2007
12011–2011
Poirier v. City of Schenectady green
ny · 1995
1 sentence

2011Where, as here, a municipality has enacted a prior written notice law (see Code of Town of Oyster Bay § 160-1), it cannot be held liable absent proof of the requisite notice or an exception to that requirement (see Amabile v City of Buffalo, 93 NY2d 471 [1999]; Poirier v City of Schenectady, 85 NY2d 310 [1995]; Regan v Town of N. Hempstead, 66 AD3d 863, 864 [2009]).

12011–2011
People v. Bleakley green
ny · 1987
12011–2011
Williams v. City of New York neutral
nyappdiv · 2010
12010–2010
Scantlebury v. New York City Health & Hospitals Corp. green
ny · 2005
12010–2010
Di Bella v. United States green
scotus · 1987
12010–2010
People v. Iannelli green
ny · 1986
12010–2010
People v. O'Rama green
ny · 1991
12006–2006
In re the Arbitration between Country-Wide Insurance & Eun Kyu Park green
nyappdiv · 2000
12005–2005
Perez-Sanchez v. United States green
scotus · 1987
12005–2005
Kretschmann v. Board of Education of the Corning Painted Post School District green
nysupct · 2000
12002–2002
Morrissey v. Brewer green
scotus · 1972
12001–2001
Keator v. Keator green
nyappdiv · 1995
11999–1999
Wurttembergische Feuerversicherung AG. v. Pan Atlantic Group, Inc. green
nyappdiv · 1987
11995–1995
Braverman v. City of White Plains green
nyappdiv · 1985
11987–1987
Mastandrea v. State neutral
nyappdiv · 1977
11984–1984
Budgar v. State green
nyclaimsct · 1979
11984–1984
Barreca v. Barreca green
nyappdiv · 1980
11983–1983
Bradbury v. Bliss neutral
nyappdiv · 1897
11983–1983
Kingsbridge Heights Rehabilitation and Nursing Center, Inc. v. Daines green
nyappdiv · 2009
11982–1982
People v. Mayfield neutral
nyappdiv · 1979
11982–1982
People ex rel. Stage v. Sherwood neutral
nysupct · 1978
11980–1980
Stevens Plumbing Supply Co. v. Bi-County Plumbing & Heating Co. green
nysupct · 1978
11980–1980
Kamienska v. County of Westchester green
nycountyct · 1963
11977–1977

Statutes the citing opinions construe

NY § N.Y. Executive Law § 71 (5) NY § N.Y. Penal Law § 10.00 (3) NY § N.Y. Penal Law § 160.15 (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 34 (1977–2020) WI 16 (1967–2019) CA 11 (1974–2024) TX 10 (1997–2023) OH 7 (2002–2021) FL 3 (2010–2019) PA 3 (1990–2019) CO 2 (1968–2019) IL 2 (1987–2009) AK 2 (1978–2017) GA 2 (1989–1997)

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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