negative factors in New York

2008When all eight factors set forth in Correction Law § 753 are considered in making a determination pursuant to Correction Law § 752 concerning employment of a person with a criminal conviction and the positive factors are balanced against the negative factors, the resulting decision is neither arbitrary nor capricious nor does it constitute an abuse of discretion (see Matter of Arrocha v Board of Educ. of City of N.Y., 93 NY2d 361 [1999]).

2007When all eight factors are considered and the positive factors are balanced against the negative factors, the resulting decision is neither arbitrary nor capricious nor does it constitute an abuse of discretion and reviewing courts may not reweigh the factors and substitute their judgment for that of the agency (see Matter of Arrocha v Board of Educ. of City of N.Y., 93 NY2d 361 [1999]).

2025All told, we find that the conclusions of the Peer Committee and COP, and consequently the Board, articulate a rational basis for denying petitioner's application for restoration, and there is no indication that such a determination is arbitrary or capricious ( see id. at 1068 ; Matter of Dutta v Mills , 301 AD2d 775, 777 [3d Dept 2003]; Matter of Greenberg v Board of Regents of Univ. of State of N.Y. , [*4] 176 AD2d at 1169 ; see also Matter of Patin v New York State Dept. of Educ. , 174 AD3d at 1081-1082).

2025All told, we find that the conclusions of the Peer Committee and COP, and consequently the Board, articulate a rational basis for denying petitioner's application for restoration, and there is no indication that such a determination is arbitrary or capricious ( see id. at 1068 ; Matter of Dutta v Mills , 301 AD2d 775, 777 [3d Dept 2003]; Matter of Greenberg v Board of Regents of Univ. of State of N.Y. , [*4] 176 AD2d at 1169 ; see also Matter of Patin v New York State Dept. of Educ. , 174 AD3d at 1081-1082).

2017This was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), given defendant’s extremely violent conduct in the underlying incident and the negative factors in his background, including his poor disciplinary and academic record at school.

2012Part of our rationale for disallowing a claim of right defense when a defendant takes money to satisfy a preexisting debt has been that a person cannot have a true claim to bills or other currency, because they are fungible (see Reid, 69 NY2d at 476 ).

2009The evidence of a single recent negative test for substance abuse, following defendant’s extensive periods of incarceration, was insufficient to predict his behavior when no longer under supervision (see People v Gonzalez, 48 AD3d 284 [2008], lv denied 10 NY3d 711 [2008]).

1992Therefore the expert testimony was not speculative as the defendant claims (see, e.g., People v Bethune, 105 AD2d 262 ).

1990In light of that showing, the affidavit of plaintiff’s medical expert was insufficient to raise a material issue of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 ; Winegrad v New York Univ.

1985In any event, the negative test results were disclosed prior to the close of the People’s direct case and, inasmuch as defendant thoroughly cross-examined the forensic serologist about the test results, it appears that the defense was able to utilize the material and brought it to the jury’s attention (see, People v Clark, 89 AD2d 820 , lv denied 57 NY2d 684 , cert denied 459 US 1090 ).

1985In any event, the negative test results were disclosed prior to the close of the People’s direct case and, inasmuch as defendant thoroughly cross-examined the forensic serologist about the test results, it appears that the defense was able to utilize the material and brought it to the jury’s attention (see, People v Clark, 89 AD2d 820 , lv denied 57 NY2d 684 , cert denied 459 US 1090 ).

1962(People v. Smith, 192 Misc. 965 , affd. 299 N. Y. 707 ; People v. Devinny, 227 N. Y. 397 .) An examination of the record show’s that the Police Justice asked some questions to clarify his understanding of the testimony and the issues.

1962(People v. Smith, 192 Misc. 965 , affd. 299 N. Y. 707 ; People v. Devinny, 227 N. Y. 397 .) An examination of the record show’s that the Police Justice asked some questions to clarify his understanding of the testimony and the issues.

1962(People v. Smith, 192 Misc. 965 , affd. 299 N. Y. 707 ; People v. Devinny, 227 N. Y. 397 .) An examination of the record show’s that the Police Justice asked some questions to clarify his understanding of the testimony and the issues.

1940(Matter of Marks v. Gray, 251 N. Y. 90 ; Matter of Carroll v. Verway Printing Co., 254 id. 598; Matter of Torres v. Criterion Concessions, Inc., 259 App. Div. 770 .) Translating the negative doctrine announced in Matter of Schwimmer v. Kammerman & Kaminsky ( 262 N. Y. 104 ) into an affirmative one, claimant was engaged in his private business and pleasure after he left the Jones residence on Friday and would have been so engaged until he returned to that point on his way back to work.

1940(Matter of Marks v. Gray, 251 N. Y. 90 ; Matter of Carroll v. Verway Printing Co., 254 id. 598; Matter of Torres v. Criterion Concessions, Inc., 259 App. Div. 770 .) Translating the negative doctrine announced in Matter of Schwimmer v. Kammerman & Kaminsky ( 262 N. Y. 104 ) into an affirmative one, claimant was engaged in his private business and pleasure after he left the Jones residence on Friday and would have been so engaged until he returned to that point on his way back to work.

1940(Matter of Marks v. Gray, 251 N. Y. 90 ; Matter of Carroll v. Verway Printing Co., 254 id. 598; Matter of Torres v. Criterion Concessions, Inc., 259 App. Div. 770 .) Translating the negative doctrine announced in Matter of Schwimmer v. Kammerman & Kaminsky ( 262 N. Y. 104 ) into an affirmative one, claimant was engaged in his private business and pleasure after he left the Jones residence on Friday and would have been so engaged until he returned to that point on his way back to work.

1939Notes with Cowen & Hill’s Notes], p. 821; Harris v. White, 81 N. Y. 532, 548 .) For these reasons we think the complaint was defective and that without discussing the other reasons urged therefor by the defendant, the judgment should be affirmed, with costs.” Thus the rule is clearly adduced from these cases that, where the exception is in the enacting clause and the general rule applies, the People must allege and prove the negative of the exception.

1939People v. Somme ( 120 App. Div. 20 ; affd., 190 N. Y. 541 ) was a prosecution for the practice of medicine without a license.

1939People v. Somme ( 120 App. Div. 20 ; affd., 190 N. Y. 541 ) was a prosecution for the practice of medicine without a license.

1915This question is answered in the negative by the principle declared in Matter of Ripley ( 192 N. Y. 536 ).