nonexhaustive list factors (New York) · Go Syfert
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nonexhaustive list factors in New York

10 New York opinions name it 3 courts 2008–2025 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 (7)

CaseFollowedCited
Williams v. Nassau County Medical Centergreen
ny · 2006 · cited in 4 New York opinions naming this issue, 2008–2024
2 sentences

2024Ctr., 6 NY3d 531 , 535 n 1, 539 [2006], quoting GML § 50-e [5]).

2018General Municipal Law § 50-e "contains a nonexhaustive list of factors that the court should weigh, and compels consideration of all relevant facts and circumstances" ( Williams , 6 NY3d at 539 ).

24
Matter of Barra v. County of Tompkinsgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025However, Supreme Court is vested with broad discretion in considering an application for leave to file a late notice of claim, so long as the application is made within the applicable statute of limitations ( see General Municipal Law § 50-e [5]; Matter of Barra v County of Tompkins , 125 AD3d 1237, 1237 [3d Dept 2015]). [FN1] In determining such an application, Supreme Court must consider a nonexhaustive list of factors, including, as relevant here, whether the municipal corporation had actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereaft

11
DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSgreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Schools , 107 AD3d 1517, 1518 [4th Dept 2013], affd 22 NY3d 1000 [2013], quoting Williams v Nassau County Med.

11
Daprile v. Town of Copakegreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019Supreme Court is statutorily required to consider a nonexhaustive list of factors, including whether [the respondent] had actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, whether [the petitioner] offered a reasonable excuse for the delay in filing and whether [the respondent] incurred substantial prejudice as a result" ( Daprile v Town of Copake , 155 AD3d at 1406 [internal quotation marks, brackets and citations omitted]; see General Municipal Law § 50-e [5]; Matter of Kranick v Niskayuna Cent.

11
Cornelius v. Board of Education of Delhi Central School Districtgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017School Dist., 77 AD3d 1048, 1049 [2010]; see General Municipal Law § 50-e [5]; Matter of Newcomb v Middle Country Cent.

11
Irene v. Irenegreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009Paragraph (f) provides a nonexhaustive list of factors the court is to consider, including “[t]he financial resources of the custodial and non-custodial parent, and those of the child”; “[t]he non-monetary contributions that the parents will make toward the care and well-being of the child”; “[a] determination that the gross income of one parent is substantially less than the other parent’s gross income”; as well as “[a]ny other factors the court determines are relevant in each case.” (Family Ct Act § 413 [1] [f] [1], [5], [7], [10].) One of those “other factors” that a court should consider w

11
Michele M. v. Thomas F.green
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009Paragraph (f) provides a nonexhaustive list of factors the court is to consider, including “[t]he financial resources of the custodial and non-custodial parent, and those of the child”; “[t]he non-monetary contributions that the parents will make toward the care and well-being of the child”; “[a] determination that the gross income of one parent is substantially less than the other parent’s gross income”; as well as “[a]ny other factors the court determines are relevant in each case.” (Family Ct Act § 413 [1] [f] [1], [5], [7], [10].) One of those “other factors” that a court should consider w

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 (6)

CaseCitedYears
Dalton v. Akron Central Schools neutral
ny · 2013
1 sentence

2020Schools , 107 AD3d 1517, 1518 [4th Dept 2013], affd 22 NY3d 1000 [2013], quoting Williams v Nassau County Med.

12020–2020
People v. Noriega green
ny · 2006
1 sentence

2009Paragraph (f) provides a nonexhaustive list of factors the court is to consider, including “[t]he financial resources of the custodial and non-custodial parent, and those of the child”; “[t]he non-monetary contributions that the parents will make toward the care and well-being of the child”; “[a] determination that the gross income of one parent is substantially less than the other parent’s gross income”; as well as “[a]ny other factors the court determines are relevant in each case.” (Family Ct Act § 413 [1] [f] [1], [5], [7], [10].) One of those “other factors” that a court should consider w

12009–2009
Vitarelli v. Excel Automotive Tech. Center, Inc. green
nyappdiv · 2006
1 sentence

2009Paragraph (f) provides a nonexhaustive list of factors the court is to consider, including “[t]he financial resources of the custodial and non-custodial parent, and those of the child”; “[t]he non-monetary contributions that the parents will make toward the care and well-being of the child”; “[a] determination that the gross income of one parent is substantially less than the other parent’s gross income”; as well as “[a]ny other factors the court determines are relevant in each case.” (Family Ct Act § 413 [1] [f] [1], [5], [7], [10].) One of those “other factors” that a court should consider w

12009–2009
Culhane v. Holt green
nyappdiv · 2006
1 sentence

2009Thus, we reversed Family Court’s March 4, 2005 order overruling the father’s objections to the December 17, 2004 decision of the Support Magistrate, which set the father’s support obligations without considering the actual needs of the child, and remanded the matter to Family Court to consider the actual needs of the child before determining the father’s support obligations ( 28 AD3d 251 [2006], supra).

12009–2009
Anonymous v. Anonymous green
nyappdiv · 2001
1 sentence

2009Paragraph (f) provides a nonexhaustive list of factors the court is to consider, including “[t]he financial resources of the custodial and non-custodial parent, and those of the child”; “[t]he non-monetary contributions that the parents will make toward the care and well-being of the child”; “[a] determination that the gross income of one parent is substantially less than the other parent’s gross income”; as well as “[a]ny other factors the court determines are relevant in each case.” (Family Ct Act § 413 [1] [f] [1], [5], [7], [10].) One of those “other factors” that a court should consider w

12009–2009
In re Nelo O green
nycfamct · 2008
1 sentence

2008Those factors are as follows: "(a) The manner of the commission of the offense of which the defendant is accused was particularly heinous or was characterized by aggravating circumstances. "(b) The child witness is particularly young or otherwise particularly subject to psychological harm on account of a physical or mental condition which existed before the alleged commission of the offense. [*4] "(c) At the time of the alleged offense, the defendant occupied a position of authority with respect to the child witness. "(d) The offense or offenses charged were part of an ongoing course of conduc

12008–2008

Where else courts name it

MI 88 (1990–2026) CA 50 (1997–2026) IL 47 (1991–2026) TX 44 (1993–2026) OH 38 (2000–2026) CO 23 (1994–2026) NV 18 (2010–2023) KS 11 (2004–2020) OR 10 (2008–2025) NY 10 (2008–2025) MA 8 (2006–2025) WI 7 (1985–2026) NE 7 (2001–2026) WA 6 (2006–2021) ID 4 (1996–2025) ME 3 (2015–2021) NC 3 (2020–2023) MS 3 (2014–2017) IA 3 (2021–2025) NM 2 (1999–2023) VT 2 (2020–2021) TN 2 (2007–2013) MD 2 (1991–2026) ND 2 (2019–2019) FL 2 (2008–2008)

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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