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14 New York opinions name it 5 courts 1923–2014 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.
| Case | Followed | Cited |
|---|---|---|
Black v. Romanogreen1 sentence2009In addition to this statutory right, a person charged with violation of probation has a constitutional right to dispute the existence of the violation or to present a justifiable excuse (see Black v Romano, 471 US 606, 612 [1985]). | 1 | 1 |
People v. Oskrobagreen1 sentence2009The proceedings of August 16 and September 13, 2006 did not provide defendant with a meaningful opportunity to dispute the alleged violation of probation based on his August 2004 conviction (see People v Oskroba, 305 NY 113, 117 [1953]; People v Almonte, 50 AD3d 696 [2008]). | 1 | 1 |
People v. Cartergreen2 sentences1995These provisions indicate the use of the word "attorney” in its commonly understood sense (see, Matter of Sposato [Graham], 180 Misc 933, 936 ; People v Carter, 77 NY2d 95, 108 [Titane, J., dissenting]) — an attorney-at-law and an officer of the court qualified to prosecute and defend legal actions on behalf of clients, bound by rules and principles of professional ethics and subject to internal processes of attorney discipline (see, Judiciary Law § 90; Code of Professional Responsibility EC 3-3). 1995These provisions indicate the use of the word "attorney" in its commonly understood sense ( see , Matter of Sposato [Graham] , 180 Misc 933, 936 ; People v Carter , 77 N.Y.2d 95, 108 [Titone, J., dissenting]) — an attorney-at-law and an officer of the court qualified to prosecute and defend legal actions on behalf of clients, *473 bound by rules and principles of professional ethics and subject to internal processes of attorney discipline ( see , Judiciary Law § 90; Code of Professional Responsibility EC 3-3). | 1 | 1 |
Reape v. Sandlergreen2 sentences1994Unlike the summonses here, there was, in fact, a space provided on the summons in Reape (supra) for identification of the person charged with the violation. 1994More significantly, in Reape "[t]he printed notice of violation * * * bears the phrase 'Operator or Registered Owner of Vehicle Described Below’ ” (Matter of Reape v Sandler, supra, at 344), whereas the summonses at issue here contain no such phrase. | 1 | 1 |
Buffalo Gravel Corp. v. Mooregreen1 sentence1940Said Mr. Justice Hubbs, writing for the court in Buffalo Gravel Corp. v. Moore (supra, p. 244): “ Persons who are threatened with damage to property rights and irreparable injury by the threatened enforcement of a void ordinance have no redress, before arrest or indictment, except an action in equity to restrain the enforcement of such void ordinance, but a person who has been arrested or indicted for violating such ordinance has a complete and adequate remedy.” The same rule" is stated in Biddles, Inc., v. Enright ( 239 N. Y. 354, 367 ) where Judge Cbane, writing for the court, said: “ There | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Buffalo v. Preston
neutral
2 sentences1930In City of Buffalo v. Preston ([1903] 81 App. Div. 480 ) the city instituted a civil action in the Municipal Court to recover a fine for a violation of certain city ordinances making persons keeping houses of ill fame guilty of disorderly conduct. 1923(City of Buffalo v. Preston, 81 App. Div. 480 .) The city council has the power to enact this ordinance. | 3 | 1923–1930 |
Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New York
green
1 sentence2014The statute sets forth five mandatory identification elements which may not be omitted from a parking summons if it is to survive a jurisdictional challenge and avoid dismissal (Matter of Wheels, Inc. v Parking Violations Bur. of Dept. of Transp. of City of N.Y., 80 NY2d 1014 [1992]; Matter of Ryder Truck Rental v Parking Violations Bur. of Transp. | 1 | 2014–2014 |
People v. Almonte
green
1 sentence2009The proceedings of August 16 and September 13, 2006 did not provide defendant with a meaningful opportunity to dispute the alleged violation of probation based on his August 2004 conviction (see People v Oskroba, 305 NY 113, 117 [1953]; People v Almonte, 50 AD3d 696 [2008]). | 1 | 2009–2009 |
In re Sposato
green
2 sentences1995These provisions indicate the use of the word "attorney” in its commonly understood sense (see, Matter of Sposato [Graham], 180 Misc 933, 936 ; People v Carter, 77 NY2d 95, 108 [Titane, J., dissenting]) — an attorney-at-law and an officer of the court qualified to prosecute and defend legal actions on behalf of clients, bound by rules and principles of professional ethics and subject to internal processes of attorney discipline (see, Judiciary Law § 90; Code of Professional Responsibility EC 3-3). 1995These provisions indicate the use of the word "attorney" in its commonly understood sense ( see , Matter of Sposato [Graham] , 180 Misc 933, 936 ; People v Carter , 77 N.Y.2d 95, 108 [Titone, J., dissenting]) — an attorney-at-law and an officer of the court qualified to prosecute and defend legal actions on behalf of clients, *473 bound by rules and principles of professional ethics and subject to internal processes of attorney discipline ( see , Judiciary Law § 90; Code of Professional Responsibility EC 3-3). | 1 | 1995–1995 |
Matter of Ryder Truck Rental, Inc. v. Parking Violations Bureau of the Transp. Admin. of the City of New York
green
2 sentences1992Service of the notice of violation, or a duplicate thereof by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein.” (Emphasis added.) As the Court of Appeals held in Matter of Ryder Truck Rental v Parking Violations Bur. ( 62 NY2d 667 ), this statute sets forth the mandatory requirements for the initiation of a prosecution for a parking violation, and the omission of one or more of the five specified des 1992Service of the notice of violation, or a duplicate thereof by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein.” (Emphasis added.) As the Court of Appeals held in Matter of Ryder Truck Rental v Parking Violations Bur. ( 62 NY2d 667 ), this statute sets forth the mandatory requirements for the initiation of a prosecution for a parking violation, and the omission of one or more of the five specified des | 1 | 1992–1992 |
Baker v. City of New York
green
1 sentence1978Within the framework of the Domestic Relations Court Act such orders are also readily enforcible and therefore provide a form of poor man's equity, for the act includes a provision requiring any peace officer to whom a certiñcate of an order of protection is exhibited to arrest the person charged with violation of the order and to aid in affording the person obtaining the order the protection which the order intended.” (Emphasis supplied.) Baker v City of New York ( 25 AD2d 770, 771-772 ) involved an action to recover damages for personal injuries allegedly suffered through, in part, the negli | 1 | 1978–1978 |
Sacco v. Herald Statesman, Inc.
green
1 sentence1961Recently, in Sacco v. Herald Statesman, Inc. ( 32 Misc 2d 739 ) Mr. Justice Hopkins dismissed a similar cause of action, citing the strict limits on the doctrine of liability for the use of “negligent language”. | 1 | 1961–1961 |
Matter of Demartino v. Mealey
neutral
1 sentence1941(Matter of DeMartino v. Mealey, 284 N. Y. 231 ; People v. Sutcliffe, 255 App. Div. 299 ; People v. Serences, Id. 587; Matter of Ohmann v. Harnett, 168 Misc. 521 .) The Legislature of 1940 amended section 335-a of the Code of Criminal Procedure effective June 1, 1940, to provide as follows: “ § 335-a. | 1 | 1941–1941 |
People v. Sutcliffe
neutral
1 sentence1941(Matter of DeMartino v. Mealey, 284 N. Y. 231 ; People v. Sutcliffe, 255 App. Div. 299 ; People v. Serences, Id. 587; Matter of Ohmann v. Harnett, 168 Misc. 521 .) The Legislature of 1940 amended section 335-a of the Code of Criminal Procedure effective June 1, 1940, to provide as follows: “ § 335-a. | 1 | 1941–1941 |
Ohmann v. Harnett
neutral
1 sentence1941(Matter of DeMartino v. Mealey, 284 N. Y. 231 ; People v. Sutcliffe, 255 App. Div. 299 ; People v. Serences, Id. 587; Matter of Ohmann v. Harnett, 168 Misc. 521 .) The Legislature of 1940 amended section 335-a of the Code of Criminal Procedure effective June 1, 1940, to provide as follows: “ § 335-a. | 1 | 1941–1941 |
Biddles, Inc. v. Enright
green
1 sentence1940Said Mr. Justice Hubbs, writing for the court in Buffalo Gravel Corp. v. Moore (supra, p. 244): “ Persons who are threatened with damage to property rights and irreparable injury by the threatened enforcement of a void ordinance have no redress, before arrest or indictment, except an action in equity to restrain the enforcement of such void ordinance, but a person who has been arrested or indicted for violating such ordinance has a complete and adequate remedy.” The same rule" is stated in Biddles, Inc., v. Enright ( 239 N. Y. 354, 367 ) where Judge Cbane, writing for the court, said: “ There | 1 | 1940–1940 |
Reed v. Littleton
green
1 sentence1940Said Mr. Justice Hubbs, writing for the court in Buffalo Gravel Corp. v. Moore (supra, p. 244): “ Persons who are threatened with damage to property rights and irreparable injury by the threatened enforcement of a void ordinance have no redress, before arrest or indictment, except an action in equity to restrain the enforcement of such void ordinance, but a person who has been arrested or indicted for violating such ordinance has a complete and adequate remedy.” The same rule" is stated in Biddles, Inc., v. Enright ( 239 N. Y. 354, 367 ) where Judge Cbane, writing for the court, said: “ There | 1 | 1940–1940 |
People v. Lord
neutral
1 sentence1934(People v. Kraft, supra; People v. Lord, 142 Misc. 740 .) A justice of the peace would not, therefore, have jurisdiction to try a person charged with a violation of this law but could only hold him after examination for the grand jury. | 1 | 1934–1934 |
People v. Kraft
green
1 sentence1934(People v. Kraft, supra; People v. Lord, 142 Misc. 740 .) A justice of the peace would not, therefore, have jurisdiction to try a person charged with a violation of this law but could only hold him after examination for the grand jury. | 1 | 1934–1934 |
United States v. Ford
green
1 sentence1931Proc. §§ 671, 673; The Whisky Cases, 99 U. S. 594 ; Temple v. Commonwealth, 75 Va. 892, 897 ; Matter of Irvine, 74 Fed. | 1 | 1931–1931 |
Temple v. Commonwealth
green
1 sentence1931Proc. §§ 671, 673; The Whisky Cases, 99 U. S. 594 ; Temple v. Commonwealth, 75 Va. 892, 897 ; Matter of Irvine, 74 Fed. | 1 | 1931–1931 |
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.