10 New York opinions name it 1 courts 1989–2015 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 |
|---|---|---|
In re the Claim of Mintzergreen2 sentences2014Brody was entitled to call claimant as a witness and, moreover, had the right to request that the ALJ issue a subpoena to compel her attendance (see Labor Law § 622 [1]; 12 NYCRR 461.4 [c]; Matter of Mintzer [Sheft —Commissioner of Labor], 256 AD2d 965, 966 [1998]). 2014Brody was entitled to call claimant as a witness and, moreover, had the right to request that the ALJ issue a subpoena to compel her attendance (see Labor Law § 622 [1]; 12 NYCRR 461.4 [c]; Matter of Mintzer [Sheft —Commissioner of Labor], 256 AD2d 965, 966 [1998]). | 4 | 4 |
Kaphan v. DeBuonogreen1 sentence2015The narrower question to be decided by this Court is whether Supreme Court correctly found that the ECB's administrative order overturning the ALJ's hearing determination was " arbitrary and capricious, affected by error of law or an abuse of discretion'" under CPLR 7803 (3) ( Matter of Castanon v Franco , 290 AD2d 293 , 293 [1st Dept 2002], quoting Matter of Kaphan v DeBuono , 268 AD2d 909, 911 [3d Dept 2000]) [FN8] . | 1 | 1 |
Kelly v. Safirgreen1 sentence2010We reject petitioner’s contention that the penalty imposed was an abuse of discretion as a matter of law and thus should not be upheld (see generally Matter of Kelly v Safir, 96 NY2d 32, 38 [2001], rearg denied 96 NY2d 854 [2001]). | 1 | 1 |
In re the Claim of Wardgreen1 sentence2009Inasmuch as such reports plainly were germane to the pivotal issue in this matter—whether claimant did in fact falsify work-related forms—we agree with the parties that this matter must be remitted for the production of those reports (see Matter of Liposki [Citifloral, Inc.—Commissioner of Labor], 261 AD2d 665, 666 [1999]; Matter of Mintzer [Sheft—Commissioner of Labor], 256 AD2d 965, 966 [1998]; Matter of Ward [Commissioner of Labor], 256 AD2d 773, 774 [1998]; Matter of Box [Commissioner of Labor], 249 AD2d 608 [1998]). | 1 | 1 |
In re the Claim of Liposkigreen1 sentence2009Inasmuch as such reports plainly were germane to the pivotal issue in this matter—whether claimant did in fact falsify work-related forms—we agree with the parties that this matter must be remitted for the production of those reports (see Matter of Liposki [Citifloral, Inc.—Commissioner of Labor], 261 AD2d 665, 666 [1999]; Matter of Mintzer [Sheft—Commissioner of Labor], 256 AD2d 965, 966 [1998]; Matter of Ward [Commissioner of Labor], 256 AD2d 773, 774 [1998]; Matter of Box [Commissioner of Labor], 249 AD2d 608 [1998]). | 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 |
|---|---|---|
Castanon v. Franco
green
1 sentence2015The narrower question to be decided by this Court is whether Supreme Court correctly found that the ECB's administrative order overturning the ALJ's hearing determination was " arbitrary and capricious, affected by error of law or an abuse of discretion'" under CPLR 7803 (3) ( Matter of Castanon v Franco , 290 AD2d 293 , 293 [1st Dept 2002], quoting Matter of Kaphan v DeBuono , 268 AD2d 909, 911 [3d Dept 2000]) [FN8] . | 1 | 2015–2015 |
In re the Claim of Box
green
1 sentence2009Inasmuch as such reports plainly were germane to the pivotal issue in this matter—whether claimant did in fact falsify work-related forms—we agree with the parties that this matter must be remitted for the production of those reports (see Matter of Liposki [Citifloral, Inc.—Commissioner of Labor], 261 AD2d 665, 666 [1999]; Matter of Mintzer [Sheft—Commissioner of Labor], 256 AD2d 965, 966 [1998]; Matter of Ward [Commissioner of Labor], 256 AD2d 773, 774 [1998]; Matter of Box [Commissioner of Labor], 249 AD2d 608 [1998]). | 1 | 2009–2009 |
Monell v. New York City Dept. of Social Servs.
green
1 sentence2001While respondents assert that the ALJ’s error would not support an award for attorneys’ fees under Monell v Department of Social Servs. ( 436 US 658 ), we decline to consider this argument as it is raised for the first time on appeal. | 1 | 2001–2001 |
Nils TT. v. New York State Department of Social Services
neutral
1 sentence1997If no preponderance of evidence is established at the new hearing, petitioner’s name must be expunged, as a liberty interest is involved (see, Matter of Nils TT. v New York State Dept. of Social Servs., 221 AD2d 874, 874-875 , lv denied 87 NY2d 812 ). | 1 | 1997–1997 |
Acomb v. Lipsitz
green
1 sentence1995Co., supra, at 504-505; Hugar v Nigro, supra). | 1 | 1995–1995 |
Van Patten v. La Porta
green
1 sentence1989Considering the language utilized and the underlying statutory objective (see, Ferres v City of New Rochelle, 68 NY2d 446, 451 ; Matter of Van Patten v La Porta, 148 AD2d 858, 859-860 ), we find that the underscored phrase plainly anticipates a complete informational package, including the ALJ’s hearing report, and not simply the text of a proposal. | 1 | 1989–1989 |
Ferres v. City of New Rochelle
green
1 sentence1989Considering the language utilized and the underlying statutory objective (see, Ferres v City of New Rochelle, 68 NY2d 446, 451 ; Matter of Van Patten v La Porta, 148 AD2d 858, 859-860 ), we find that the underscored phrase plainly anticipates a complete informational package, including the ALJ’s hearing report, and not simply the text of a proposal. | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.