generalized claim in New York

1999A generalized claim that a child’s needs have increased as the child matured does not warrant an upward modification (see, Rich v Rich, 234 AD2d 354 ; Strack v Strack, 225 AD2d 872 ; Labita v Labita, 147 AD2d 535 ).

1994The party seeking upward modification must show more than a generalized claim of increased need based on inflation (see, Labita v Labita, 147 AD2d 535 ).

1992While a generalized claim that a child’s needs have increased as the child has matured or as a result of inflation does not warrant an upward modification of child support (see, Labita v Labita, 147 AD2d 535, 536 ; Deacutis v Cuomo, 79 AD2d 595 ), the record contains sufficient evidence of specific increased expenses relating to the children’s involvements in various activities, such as music lessons, Karate lessons, football, Hebrew School, Bar Mitzvah lessons and summer camp.

1989A generalized claim that a child’s needs have increased as the child has matured or as a result of inflation does not warrant an upward modification of child support (see, Deacutis v Cuomo, 79 AD2d 595 ).

1999A generalized claim that a child’s needs have increased as the child matured does not warrant an upward modification (see, Rich v Rich, 234 AD2d 354 ; Strack v Strack, 225 AD2d 872 ; Labita v Labita, 147 AD2d 535 ).

1998Neither the increased income of a noncustodial parent nor a generalized claim that the child’s needs have increased as the child matures warrant an upward modification (see, Matter of Lunman v Lomanto, 239 AD2d 770 ; Rich v Rich, 234 AD2d 354 ; Matter of Strack v Strack, 225 AD2d 872 ).

1999A generalized claim that a child’s needs have increased as the child matured does not warrant an upward modification (see, Rich v Rich, 234 AD2d 354 ; Strack v Strack, 225 AD2d 872 ; Labita v Labita, 147 AD2d 535 ).

1998Neither the increased income of a noncustodial parent nor a generalized claim that the child’s needs have increased as the child matures warrant an upward modification (see, Matter of Lunman v Lomanto, 239 AD2d 770 ; Rich v Rich, 234 AD2d 354 ; Matter of Strack v Strack, 225 AD2d 872 ).

2021It doesn't tell you directly what area to search . . . or how to go about the search, it tells you what you're documenting and so forth." Trooper Hunter added that the troopers were required to fill out a form documenting any damage to the vehicle and listing "any type of valuables that are in the vehicle, anything—car seats, clothing." Surely, if the standardized procedure in this case were limited to what Trooper Hunter actually described, namely a generalized instruction to "go through the vehicle" and "note all the valuables," it would be difficult, if not impossible, to conclude that such

2020We have never held that demeanor on its own is enough to overcome asserted bias.9 Here, no physical movement could have overcome this prospective juror 9 The People’s reliance on People v Barboni ( 21 NY3d 393 [2013]) and People v Thompson ( 21 NY3d 555 [2013]) is misplaced, as neither depended solely on speculation about demeanor.

2020We have never held that demeanor on its own is enough to overcome asserted bias.9 Here, no physical movement could have overcome this prospective juror 9 The People’s reliance on People v Barboni ( 21 NY3d 393 [2013]) and People v Thompson ( 21 NY3d 555 [2013]) is misplaced, as neither depended solely on speculation about demeanor.

2019That claim was baseless and contradicted by the plea allocution, and the court providently exercised its discretion in rejecting it without further inquiry ( see People v Fisher , 28 NY3d 717, 726 [2017]; People v Frederick , 45 NY2d 520 [1978]).

2010Accordingly, the plaintiff did not rest his action on a theory that was not asserted in the notice of claim (cf. Wanczowski v City of New York, 186 AD2d 397 [1992]; Brown v New York City Tr.

2005And, as previously noted, a generalized waiver of the right to appeal, unless specifically limited, will preclude appellate review of all issues, including excessiveness of the sentence (People v Hidalgo, 91 NY2d 733 [1998], supra; see People v Smith, 142 AD2d 195, 199 [1988], affd 74 NY2d 1 [1989]).

1998Neither the increased income of a noncustodial parent nor a generalized claim that the child’s needs have increased as the child matures warrant an upward modification (see, Matter of Lunman v Lomanto, 239 AD2d 770 ; Rich v Rich, 234 AD2d 354 ; Matter of Strack v Strack, 225 AD2d 872 ).

1994A generalized claim that children’s needs have increased either because the children have matured or due to inflation is insufficient (see, Zucker v Zucker, 187 AD2d 507, 509 ), but evidence of specific increased expenses will support a finding of a change in circumstances warranting an increase in child support (supra, at 509; see, Matter of Adams-Eppes v Fulton, 195 AD2d 455, 456 ).

1994Thus, by exercising the judiciary’s constitutional duty to decide this case within appropriate precedential and judicial review templates, this Court concludes that the generalized presumption of constitutionality accorded to statutes cannot substitute for the fundamental defect in chapter 940, to wit, no substantial advancement of a legitimate State interest and "close causal nexus” required for the challenged regulatory enactment to survive scrutiny (see, Rent Stabilization Assn. v Higgins, 83 NY2d 156, 173-174 , supra).

1994Thus, by exercising the judiciary's constitutional duty to decide this case within appropriate precedential and judicial review templates, this Court concludes that the generalized presumption of constitutionality accorded to statutes cannot substitute for the fundamental defect in chapter 940, to wit, no substantial advancement of a legitimate State interest and "close causal nexus" required for the challenged regulatory enactment to survive scrutiny ( see , Rent Stabilization Assn. v Higgins , 83 N.Y.2d 156, 173-174 , supra ).

1993Were we to review, we would find it to be without merit since a defendant’s generalized waiver of his right to appeal includes the right to appeal his sentence (People v Burk, 181 AD2d 74 , lv denied 80 NY2d 927 ).

1993Moreover, defendant’s contention that he is entitled to reversal of his conviction under Indictment 3079/90 since he denied committing any criminal act thereunder is unpreserved for this Court’s review as defendant never objected at sentencing, or moved to withdraw or vacate the sentence (People v Stephens, 188 AD2d 345 , lv denied 81 NY2d 893 ).

1992The plaintiff provided the specific dollar amounts of the increases for each item (see, Matter of Brescia v Fitts, supra, at 140; Matter of McFarlane v McFarlane, 180 AD2d 1024 ; Matter of Miller v Davis, 176 AD2d 945 ).

1990The defendant’s generalized claim of innocence which was not made during the plea allocution and is unsupported by the record did not entitle him to withdraw his plea (see, People v Gardner, 150 AD2d 722 ).

1990Nor is the defendant’s assertion of an alleged off-the-record statement by his attorney that he would be sentenced to an indeterminate term of 2 to 5 years’ imprisonment upon the People obtaining a conviction of his codefendant binding on the court (see, People v Rodriguez, 150 AD2d 812 ). .

1988"If any state of facts, known or to be assumed, justify [sic] the law, the court’s power of inquiry ends (United States v. Carolene Products Co., 304 U.S. 144, 154 ).

1987The court is persuaded by the logic set forth in Matter of Ross ( 34 Misc 2d 1018 ).

1985The majority opinion in that case noted that the language in Dinitz (supra) seemed "to broaden the test from one of intent to provoke a motion for a mistrial to a more generalized standard of 'bad faith conduct’ ” (p 674).

1983At common law, a private proprietary hospital had the unfettered right to bar a physician for any or no reason (Guibor v Manhattan Eye, Ear & Throat Hosp., 46 NY2d 736 ; Leider v Beth Israel Hosp.

1981Apts. v Zaifert ( 23 AD2d 796 ) are cited for the proposition that a landlord may terminate a lease because of tenant’s violation of a no-pet clause “notwithstanding the contention that the animal is necessary for watchdog or protection purposes.” A generalized claim of need for security purposes, however, is far different from the particularized need set forth herein by the Dopicos.

1981Although such conduct may, if proven, provide a basis for equitable rescission of the agreement (see Christian v Christian, 42 NY2d 63, 71-73 ), the Family Court may not order rescission, because it has no equity jurisdiction (see Kleila v Kleila, 50 NY2d 277 ; Besharov, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act, § 115, pp 21-22).