must make inquiry (New York) · Go Syfert
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must make inquiry in New York

15 New York opinions name it 3 courts 1974–2026 2 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 (15)

CaseFollowedCited
Ataande v. Ataandegreen
nyappdiv · 2010 · cited in 5 New York opinions naming this issue, 2015–2020
2 sentences

2020Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel ( see Bader v Hazzis , 77 AD3d 742, 744 ).

2020When a party who is entitled to be represented by counsel asserts an inability to retain private counsel, the court must make an inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 ; Matter of Bader v Hazzis , 77 AD3d 742, 744 ; Gifford v Gifford , 223 AD2d 669, 670 ).

25
Matter of Pugh v. Pughgreen
nyappdiv · 2015 · cited in 4 New York opinions naming this issue, 2015–2020
2 sentences

2020When a party who is entitled to be represented by counsel asserts an inability to retain private counsel, the court must make an inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 ; Matter of Bader v Hazzis , 77 AD3d 742, 744 ; Gifford v Gifford , 223 AD2d 669, 670 ).

2019"Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel" ( Matter of Bader v Hazzis , 77 AD3d 742, 744 ; see Matter of Soto v Willis , 143 AD3d 728, 730 ; Matter of Pugh v Pugh , 125 AD3d 663, 664 ).

24
Gifford v. Giffordgreen
nyappdiv · 1996 · cited in 3 New York opinions naming this issue, 2010–2020
2 sentences

2020When a party who is entitled to be represented by counsel asserts an inability to retain private counsel, the court must make an inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 ; Matter of Bader v Hazzis , 77 AD3d 742, 744 ; Gifford v Gifford , 223 AD2d 669, 670 ).

2015When a party who is entitled to be represented by counsel indicates an inability to retain private counsel, the court must make an inquiry to determine whether the party is eligible for court-appointed counsel (see Matter of Pugh v Pugh, 125 AD3d 663, 664 [2015]; Matter of Bader v Hazzis, 77 AD3d 742, 744 [2010]; Gifford v Gifford, 223 AD2d 669, 670 [1996]).

23
Matter of Alphonse v. Alphonsegreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Family Court Act § 262(a) provides that such a respondent shall be advised of "the right to have counsel assigned by the court in any case where he or she is financially unable to obtain the same." When a party who is entitled to be represented by counsel indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Alphonse v Alphonse , 189 AD3d 1028, 1029 ; Matter of Goodine v Evans , 183 AD3d 649, 651 ).

2026Family Court Act § 262(a) provides that such a respondent shall be advised of "the right to have counsel assigned by the court in any case where he or she is financially unable to obtain the same." When a party who is entitled to be represented by counsel indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Alphonse v Alphonse , 189 AD3d 1028, 1029; Matter of Goodine v Evans , 183 AD3d 649, 651).

11
Matter of Goodine v. Evansgreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Family Court Act § 262(a) provides that such a respondent shall be advised of "the right to have counsel assigned by the court in any case where he or she is financially unable to obtain the same." When a party who is entitled to be represented by counsel indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Alphonse v Alphonse , 189 AD3d 1028, 1029 ; Matter of Goodine v Evans , 183 AD3d 649, 651 ).

2026Family Court Act § 262(a) provides that such a respondent shall be advised of "the right to have counsel assigned by the court in any case where he or she is financially unable to obtain the same." When a party who is entitled to be represented by counsel indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel ( see Matter of Alphonse v Alphonse , 189 AD3d 1028, 1029; Matter of Goodine v Evans , 183 AD3d 649, 651).

11
People v. Brooksgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025"Before proceeding in the defendant's absence, the court must make an inquiry and recite on the record the facts and reasons it relied upon in determining that the defendant's absence was deliberate" ( People v Brooks , 308 AD2d 99, 104 ; see Correction Law § 168-n[6]).

2025"Before proceeding in the defendant's absence, the court must make an inquiry and recite on the record the facts and reasons it relied upon in determining that the defendant's absence was deliberate" ( People v Brooks , 308 AD2d 99, 104; see Correction Law § 168-n[6]).

11
Matter of Soto v. Willisgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019"Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel" ( Matter of Bader v Hazzis , 77 AD3d 742, 744 ; see Matter of Soto v Willis , 143 AD3d 728, 730 ; Matter of Pugh v Pugh , 125 AD3d 663, 664 ).

11
Namer v. Martinezgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018"Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel" ( Matter of Bader v Hazzis , 77 AD3d 742, 744 [2d Dept 2010]; see Matter of Otto v Otto , 26 AD3d 498, 499-500 [2d Dept 2006]).

11
Matter of Moiseeva v. Sichkingreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018In fulfilling that obligation, the court may inquire into the person's financial circumstances, including, but not [*4]limited to, his or her income, expenses, obligations and other relevant financial information ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 [2d Dept 2015]; People v Lincoln , 158 AD2d 545 , 546 [2d Dept 1990]) and, in furtherance of that inquiry, the court may require the submission of documentation ( see Matter of Moiseeva v Sichkin , 129 AD3d 974, 975 [2d Dept 2015]).

11
Dewey v. Town of Coloniegreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010In making such a determination, the trial court must make inquiry into various factors, including whether the public corporation acquired actual knowledge, within 90 days or a reasonable time thereafter, of the facts constituting the claim, the reasonableness of the excuse proffered for the delay in filing, as well as “whether the delay in serving the notice of claim substantially prejudiced the public corporation in maintaining its defense on the merits” (General Municipal Law § 50-e [5]; see Matter of Dewey v Town of Colonie, 54 AD3d 1142, 1142-1143 [2008]; Matter of Heffelfinger v Albany In

11
Heffelfinger v. Albany International Airportgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010Airport, 43 AD3d 537, 538-539 [2007]).

11
People v. Bufordgreen
ny · 1987 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005In response, the People concede that where there is evidence that jurors have been prematurely deliberating, the court must make an inquiry to determine whether the offending jurors can continue to serve (see People v Buford, 69 NY2d 290, 299 [1987]).

11
People v. Brooksgreen
ny · 1990 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003Before proceeding in the defendant’s absence, the court must make an inquiry and recite on the record the facts and reasons it relied upon in determining that the defendant’s absence was deliberate (see People v Brooks, 75 NY2d 898, 899 [1990]; see also People v Williams, 221 AD2d 674 [1995]).

11
People v. Wootengreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003Before proceeding in the defendant’s absence, the court must make an inquiry and recite on the record the facts and reasons it relied upon in determining that the defendant’s absence was deliberate (see People v Brooks, 75 NY2d 898, 899 [1990]; see also People v Williams, 221 AD2d 674 [1995]).

11
Aronson v. Lewisgreen
del · 1984 · cited in 1 New York opinions naming this issue, 1998–1998
2 sentences

1998The court must make inquiry “into the substantive nature of the challenged transaction and the board’s approval thereof.” (Aronson v Lewis, supra, at 814.) The trial level court “in the exercise of its sound discretion must be satisfied that a plaintiff has alleged facts with particularity which, taken as true, support a reasonable doubt that the challenged transaction was the product of a valid exercise of business judgment.

1998Only in that context is demand excused.” (Aronson v Lewis, supra, at 815.) Subsequent to the Aronson decision, the Supreme Court of the State of Delaware again addressed the issue of rebutting the presumption that the challenged transaction was the product of a valid exercise of business judgment. “[T]he business judgment rule is ‘a presumption that in making a business decision, not involving self-interest, the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company.’ [Citations omitted.] If a

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 (12)

CaseCitedYears
People v. Jackson green
nyappdiv · 1990
1 sentence

2018In fulfilling that obligation, the court may inquire into the person's financial circumstances, including, but not [*4]limited to, his or her income, expenses, obligations and other relevant financial information ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 [2d Dept 2015]; People v Lincoln , 158 AD2d 545 , 546 [2d Dept 1990]) and, in furtherance of that inquiry, the court may require the submission of documentation ( see Matter of Moiseeva v Sichkin , 129 AD3d 974, 975 [2d Dept 2015]).

12018–2018
Perez v. Richmond green
nyappdiv · 2013
1 sentence

2015Here, the Family Court properly inquired as to the father’s eligibility for court-appointed counsel and, after the mother presented a document undermining the father’s claim of indigency, instructed the father to submit certain documentation to the court so the court could determine the father’s financial eligibility for a court-appointed attorney (see Matter of Perez v Richmond, 104 AD3d 692 [2013]).

12015–2015
Williams v. Williams green
nyappdiv · 1983
1 sentence

2010Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel (see Clemens v Clemens, 29 AD3d 932 [2006]; Gifford v Gifford, 223 AD2d 669, 670 [1996]; Matter of Williams v Williams, 91 AD2d at 1045 ).

12010–2010
Clemens v. Clemens green
nyappdiv · 2006
1 sentence

2010Where a party indicates an inability to retain private counsel, the court must make inquiry to determine whether the party is eligible for court-appointed counsel (see Clemens v Clemens, 29 AD3d 932 [2006]; Gifford v Gifford, 223 AD2d 669, 670 [1996]; Matter of Williams v Williams, 91 AD2d at 1045 ).

12010–2010
People v. Yolles green
ny · 1998
1 sentence

1999If after such inquiry the court is satisfied that there is reasonable cause to believe that the defendant committed an offense other than a felony, it may order the indicated reduction.” Interpreting this statute, the Court of Appeals, in People v Yolles (supra), held that when considering a reduction from a felony to a misdemeanor, the court must make inquiry pursuant to CPL 180.50.

11999–1999
People v. Sides green
ny · 1990
1 sentence

1993Lastly, while a court must make inquiry regarding a defendant’s request for substitution of counsel (see, People v Sides, 75 NY2d 822 ), a court may also refuse a last minute motion for substitution of counsel if made for purpose of delay (People v Medina, 44 NY2d 199 , 208).

11993–1993
Kingsley Books, Inc. v. Brown green
scotus · 1957
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974
Freedman v. Maryland green
scotus · 1965
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974
Heller v. New York green
scotus · 1973
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974
Roaden v. Kentucky green
scotus · 1973
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974
Paris Adult Theatre I v. Slaton green
scotus · 1973
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974
Miller v. California green
scotus · 1973
1 sentence

1974After such a hearing, if the court concludes that such cause exists it may issue a preliminary injunction pending trial of the issues (see Roaden v. Kentucky, 413 U. S. 496 ; Heller v. New York, 413 U. S. 483, 488-489 ; Paris Adult Theatre I v. Slaton, 413 U. S. 49 ; Miller v. California, 413 U. S. 15 ; Freedman v. Maryland, 380 U. S. 51, 57-59 ; Brown v. Kingsley Books, 1 N Y 2d 177, affd. 354 U. S. 436, 440 ; Redlich v. Capri Cinema, 43 A D 2d 27; 7A Weinstein-Korn-Miller, N. Y.

11974–1974

Where else courts name it

TX 16 (1996–2015) NY 15 (1974–2026) OH 14 (1996–2026) CA 4 (2002–2026) FL 3 (1983–1996) MD 2 (1986–2005) NC 2 (1991–2018) AZ 2 (2004–2013) UT 2 (1937–2026) KS 2 (1907–1976) WI 2 (1981–2006)

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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