flagrant violation in New York

2008The mother’s flagrant violation of Family Court’s direction that the child not have any contact with either Garbera or Trask is stark proof that a modification of the custodial arrangement was in the child’s best interest (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Kilmartin v Kilmartin, 44 AD3d at 1101 ).

1989This court, sua sponte, may impose appropriate sanctions in a proper case (see, Gotham Air Conditioning Serv. v Heitner, 144 Misc 2d 430 ).

1989(See, Matter of Crescenzi, supra, 136 AD2d, at 389 ; Matter of Elliott, supra, 118 AD2d, at 295 .) Not only is this in flagrant violation of respondent’s suspension, but it reflects the contempt that respondent has for this court.

1989(See, Matter of Crescenzi, supra, 136 AD2d, at 389 ; Matter of Elliott, supra, 118 AD2d, at 295 .) Not only is this in flagrant violation of respondent’s suspension, but it reflects the contempt that respondent has for this court.

1987In doing so, however, we note that the fact that counsel’s conduct violated a provision of the Code of Professional Responsibility does not, in and of itself, necessarily warrant a finding of ineffective assistance of counsel (see, Morrow v State, 219 Kan 442, 548 P2d 727 ; Schoonover v State, 218 Kan 377, 543 P2d 881 , cert denied 424 US 944 ).

1987In doing so, however, we note that the fact that counsel’s conduct violated a provision of the Code of Professional Responsibility does not, in and of itself, necessarily warrant a finding of ineffective assistance of counsel (see, Morrow v State, 219 Kan 442, 548 P2d 727 ; Schoonover v State, 218 Kan 377, 543 P2d 881 , cert denied 424 US 944 ).

1987In doing so, however, we note that the fact that counsel’s conduct violated a provision of the Code of Professional Responsibility does not, in and of itself, necessarily warrant a finding of ineffective assistance of counsel (see, Morrow v State, 219 Kan 442, 548 P2d 727 ; Schoonover v State, 218 Kan 377, 543 P2d 881 , cert denied 424 US 944 ).

1983People v Bodner ( 75 AD2d 440, 443 ) is illustrative, for there, where defendant sought to inculpate his cousin as the arsonist, the police declaration to the defendant that the cousin’s alibi had “checked out” was considered the equivalent of questioning and — since no warnings had been given — suppression was required.

1978(See Matter of Lyons v Goldstein, 290 NY 19 .) The Supreme Court of the United States has held that the fundamental unfairness in the use of evidence before an impartial tribunal is a flagrant violation of the due process laws of the Constitution.

1976The statement of readiness rule (22 NYCRR 861.10) must be strictly enforced (Cassidy v Kolonsky, 37 AD2d 880 ) and the order of Special Term must be reversed.

1964No. 4 v. Goldstein ( 41 Misc 2d 402 ), where there was a flagrant violation of a regulation against harboring a dog, the court refused to find that there had been a breach of a substantial obligation but indicated it might have ruled differently if the parties had expressly agreed that such conduct would be deemed a substantial violation.

1953Even had no compensation been paid to the director in that case and the purchase made innocently by him, he would have been accountable for the profits under our law (Matter of Kilmer, 187 Misc. 121 and cases cited).

1947The most flagrant violation occurs when the contract is of the closed shop variety, for then the employee must either join the union or be discharged and the coercion thus becomes extremely rigorous (National Labor Relations Board v. John Engelhorn & Sons, 134 F. 2d 553 ).

1941(Lineker v. Dillon, 275 Fed. 460, 470 .) Under the circumstances, an assignment for the benefit of creditors during the pendency of a stay is a fraud and deceit, as well as an abuse of a mandate or proceeding of a court within the meaning of subdivision 2 of section 753 of the Judiciary Law; it is a flagrant violation of the terms of the order granting the stay and constitutes a contempt of court.

1920Upon appeal to this court the judgment was reversed and judgment granted for the plaintiff. ( 169 App. Div. 843 .) This decision was affirmed by the Court of Appeals without opinion. ( 224 N. Y. 670 .) Instead of changing the name of the corporation defendant in that action, the persons interested in that corporation organized a new one and incorporated under the name of “ Material Men’s Credit Agency, Inc.” This action was brought and the Special Term has granted judgment for the plaintiff holding that “ In selecting the name Material Men’s Credit Agency, Inc., in an apparent effort to overco

1920Supp. 845 ; affd., as to this point, 61 Hun, 552 ), and Commercial Advertiser Assn. v. Haynes ( 26 App. Div. 279 ) not sufficient to warrant the court in deciding that the plaintiff is entitled to the exclusive use of those words in its corporate name, yet we are of opinion that the defendant should not be permitted to use those words in its name without accompanying them by other words clearly distinguishing the defendant from the plaintiff.” The real point in that case was that the two names were identical with the exception that the defendant had prefixed the words “New York ” and as the pl

1920Upon appeal to this court the judgment was reversed and judgment granted for the plaintiff. ( 169 App. Div. 843 .) This decision was affirmed by the Court of Appeals without opinion. ( 224 N. Y. 670 .) Instead of changing the name of the corporation defendant in that action, the persons interested in that corporation organized a new one and incorporated under the name of “ Material Men’s Credit Agency, Inc.” This action was brought and the Special Term has granted judgment for the plaintiff holding that “ In selecting the name Material Men’s Credit Agency, Inc., in an apparent effort to overco

1920Upon appeal to this court the judgment was reversed and judgment granted for the plaintiff. ( 169 App. Div. 843 .) This decision was affirmed by the Court of Appeals without opinion. ( 224 N. Y. 670 .) Instead of changing the name of the corporation defendant in that action, the persons interested in that corporation organized a new one and incorporated under the name of “ Material Men’s Credit Agency, Inc.” This action was brought and the Special Term has granted judgment for the plaintiff holding that “ In selecting the name Material Men’s Credit Agency, Inc., in an apparent effort to overco

1920Supp. 845 ; affd., as to this point, 61 Hun, 552 ), and Commercial Advertiser Assn. v. Haynes ( 26 App. Div. 279 ) not sufficient to warrant the court in deciding that the plaintiff is entitled to the exclusive use of those words in its corporate name, yet we are of opinion that the defendant should not be permitted to use those words in its name without accompanying them by other words clearly distinguishing the defendant from the plaintiff.” The real point in that case was that the two names were identical with the exception that the defendant had prefixed the words “New York ” and as the pl

1920Upon appeal to this court the judgment was reversed and judgment granted for the plaintiff. ( 169 App. Div. 843 .) This decision was affirmed by the Court of Appeals without opinion. ( 224 N. Y. 670 .) Instead of changing the name of the corporation defendant in that action, the persons interested in that corporation organized a new one and incorporated under the name of “ Material Men’s Credit Agency, Inc.” This action was brought and the Special Term has granted judgment for the plaintiff holding that “ In selecting the name Material Men’s Credit Agency, Inc., in an apparent effort to overco