equivalent hearing in New York

1998In addition, the court allowed defendant and defense counsel to speak at sentencing and the court questioned defendant, thus affording defendant the equivalent of a hearing on the issue of fraudulent inducement (see, People v Tinsley, 35 NY2d 926, 927 ; People v Sanchez, 210 AD2d 57, 58 , lv denied 85 NY2d 942 ).

1994Not only was the allocution at sentence complete, the court afforded defendant a full opportunity to speak at the sentencing and the court questioned the defendant, defense counsel and the prosecutor, the equivalent of a hearing (People v Tinsley, 35 NY2d 926, 927 ).

1998In addition, the court allowed defendant and defense counsel to speak at sentencing and the court questioned defendant, thus affording defendant the equivalent of a hearing on the issue of fraudulent inducement (see, People v Tinsley, 35 NY2d 926, 927 ; People v Sanchez, 210 AD2d 57, 58 , lv denied 85 NY2d 942 ).

1996The minutes of the sentencing proceeding show that defendant was given a fuller opportunity than was warranted to elaborate upon his claims, the court having conducted the equivalent of a hearing (People v Sanchez, 210 AD2d 57 , lv denied 85 NY2d 942 ).

2015Therefore, the defense of equitable recoupment to OMH’s claim based upon unspecified damages sustained as a result of decedent’s personal injuries is unavailable to petitioner in this matter (see State of New York v Dewey, 260 AD2d 924 [1999]; but see State of New York v Creedon, 76 AD2d 958 [1980]).

2015Bykowsky , 2 AD3d 115 ) support the equivalent rule, that the attempted imposition of new terms or conditions by a party purporting to retract a repudiation should be considered a lack of good faith.

2015Bykowsky, 2 AD3d 115 ) support the equivalent rule, that the attempted imposition of new terms or conditions by a party purporting to retract a repudiation should be considered a lack of good faith.

2011On appeal, the Court held the evidence demonstrated that the tow truck operator was negligent and declined to find, as urged by the TBTA, that the professional judgment standard of the TBTA’s employee was the equivalent to the standard that a firefighter was held to in Kenavan v City of New York ( 70 NY2d 558 [1987]).

2005(See Cruz v New York, 481 US 186 [1987].) It cannot be said that application of the Roberts methodology amounted to an equivalent violation, given the then sanctioned procedural safeguards.

1999Beginning with the case of Chalmers & Son v State of New York ( 271 App Div 699 , affd without opn 297 NY 690 ), the Courts permitted such claims to be maintained where the notice of intention was sufficiently descriptive as to be the substantial equivalent of a claim (Carnesi v State of New York, 140 AD2d 912 ).

1999Beginning with the case of Chalmers & Son v State of New York ( 271 App Div 699 , affd without opn 297 NY 690 ), the Courts permitted such claims to be maintained where the notice of intention was sufficiently descriptive as to be the substantial equivalent of a claim (Carnesi v State of New York, 140 AD2d 912 ).

1998In People v Derisi ( 110 Misc 2d 718 [Suffolk Dist Ct 1981], supra), the court found, relying on CPL 510.20, that a continuance of a temporary order of protection issued pursuant to CPL 530.12 is not valid unless the defendant is given an opportunity to be heard, which is the equivalent of a hearing.

1996Counsel’s refusal to join in defendant’s pro se motion warranted neither appointment of new counsel (People v Beach, supra), nor a finding that counsel was ineffective (People v Campbell, 180 AD2d 808 ).

1996Counsel’s refusal to join in defendant’s pro se motion warranted neither appointment of new counsel (People v Beach, supra), nor a finding that counsel was ineffective (People v Campbell, 180 AD2d 808 ).

1982In support of collateral estoppel despite Santosky , petitioner points out that relevant findings in the previous litigation were explicitly based on “clear and convincing” proof or an equivalent standard, as Santosky thereafter prescribed for termination cases (see 100 Misc 2d, at pp 487, 489, 492, and filed supplemental findings). 12 However, respondent correctly argues that this court’s use of the Santosky standard was “gratuitous” 13 and was not “‘necessary to the result in the first suit’” (Hinchey v Sellers, 7 NY2d 287, 293 ; see, also, Capital Tel.

1979Co. v Marine Midland Bank-N. Y. ( 46 AD2d 51 ), an action to recover the balance due on equipment lease contracts in which the equivalent of waiver of defenses clauses were held to exist, the assignee bank moved to dismiss 10 affirmative defenses, including a claim of fraudulent inducement, and further moved for summary judgment.

1978In other words, the pivotal question was presented to the jury as depending upon a nonexistent issue, viz., whether or not the policemen had criminal intent, rather than upon the correct issue (see People v Hines, supra; People v Wolff, supra), viz., whether or not the payments were made to the policemen for the intended purpose of securing their agreements to the conspiracy.

1978In other words, the pivotal question was presented to the jury as depending upon a nonexistent issue, viz., whether or not the policemen had criminal intent, rather than upon the correct issue (see People v Hines, supra; People v Wolff, supra), viz., whether or not the payments were made to the policemen for the intended purpose of securing their agreements to the conspiracy.

1977Although there are related decisions in the First Department (Villano v Conde Nast Pub., 46 AD2d 118 ) and in the Fourth Department (Kenford Co. v County of Erie, 41 AD2d 586 ) addressing this subject generally, there is no definitive determination of this troublesome issue in the Second Department.

1977Although there are related decisions in the First Department (Villano v Conde Nast Pub., 46 AD2d 118 ) and in the Fourth Department (Kenford Co. v County of Erie, 41 AD2d 586 ) addressing this subject generally, there is no definitive determination of this troublesome issue in the Second Department.

1977In People v Blacknall, ( 82 Misc 2d 646 ) it was held that such an automatic requirement was the equivalent of the defense having moved for the motion of discovery pursuant to CPL 240.20 (subd 2) and was deemed to be constructively pending before the court so as to allow the Judge to order the defense to give the People a copy of its psychiatric report.

1967(New York City Administrative Code, § Y51-5, subd. g, par. [1].) Such regulations have the force and effect of statute (People v. Widlitz, supra; Bacon v. Board of Educ. of City of N. Y., 205 Misc. 73 , affd. 285 App. Div. 1046 , mot. for lv. to app. and for rearg. den. 286 App. Div. 832 , mot. for lv. to app. den. 309 N. Y. 1030 ).

1967(New York City Administrative Code, § Y51-5, subd. g, par. [1].) Such regulations have the force and effect of statute (People v. Widlitz, supra; Bacon v. Board of Educ. of City of N. Y., 205 Misc. 73 , affd. 285 App. Div. 1046 , mot. for lv. to app. and for rearg. den. 286 App. Div. 832 , mot. for lv. to app. den. 309 N. Y. 1030 ).

1967(New York City Administrative Code, § Y51-5, subd. g, par. [1].) Such regulations have the force and effect of statute (People v. Widlitz, supra; Bacon v. Board of Educ. of City of N. Y., 205 Misc. 73 , affd. 285 App. Div. 1046 , mot. for lv. to app. and for rearg. den. 286 App. Div. 832 , mot. for lv. to app. den. 309 N. Y. 1030 ).

1967(New York City Administrative Code, § Y51-5, subd. g, par. [1].) Such regulations have the force and effect of statute (People v. Widlitz, supra; Bacon v. Board of Educ. of City of N. Y., 205 Misc. 73 , affd. 285 App. Div. 1046 , mot. for lv. to app. and for rearg. den. 286 App. Div. 832 , mot. for lv. to app. den. 309 N. Y. 1030 ).

1967In People v. Cull (10 N Y 2d 123, 126) the court defined a ‘ ‘ rule or regulation ” as “ any kind of legislative or quasi-legislative norm or prescription which establishes a pattern or course of conduct for the future.” In People v. Widlitz ( 39 Misc 2d 51, 55 ), where defendant was accused of failure to comply with requirements in a form and schedule of rental values issued by the New York State Rent Commission (the predecessor of the respondent), the court held that these were the equivalent of a rule or regulation and stated: “ Sometimes a form may contain instructions which amount in subs

1963The coverage of an out-of-State policy must be the equivalent of the New York standard policy (Cruzado v. Underwood, 39 Misc 2d 859 ).

1956Having pleaded and introduced evidence of specific acts of negligence which caused his injury, the respondent may not be heard to invoke the equivalent of the doctrine of res ipsa loquitur for the purpose of supplying deficiencies in his proof by evidence to be given by appellant (Goodheart v. American Airlines, 252 App. Div. 660, 663 ; Blake v. City of New York, 279 App. Div. 751 ).

1956Having pleaded and introduced evidence of specific acts of negligence which caused his injury, the respondent may not be heard to invoke the equivalent of the doctrine of res ipsa loquitur for the purpose of supplying deficiencies in his proof by evidence to be given by appellant (Goodheart v. American Airlines, 252 App. Div. 660, 663 ; Blake v. City of New York, 279 App. Div. 751 ).