must consider factors in New York

2018In addition, "a court must consider whether defense counsel's actions at trial constituted egregious and prejudicial error such that defendant did not receive a fair trial" ( People v Oathout , 21 NY3d 127, 131 [2013] [internal quotation marks omitted]).

2017“In order to sustain a claim of ineffective assistance of counsel, a court must consider whether defense counsel’s actions at trial constituted egregious and prejudicial error such that [the] defendant did not receive a fair trial” (People v Oathout, 21 NY3d 127, 131 [2013] [internal quotation marks and citations omitted]).

2022A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the [*2]attorney provided meaningful representation" ( People v Stover , 178 AD3d 1138 , 1147 [2019] [internal quotation marks and citations omitted], lv denied 34 NY3d 1163 [2020]; see People v Porter , 184 AD3d 1014, 1018 [2020], lv denied 35 NY3d 1069 [2020]).

2022A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Stover , 178 AD3d 1138 , 1147 [2019] [internal quotation marks, brackets and citations omitted], lv denied 34 NY3d 1163 [2020]; see People v Porter , 184 AD3d 1014, 1018-1019 [2020], lv denied 35 NY3d 1069 [2020]).

2017In determining the amount of that fee, the court must consider these factors: “(1) the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented; (2) the lawyer’s experience, ability, and reputation; (3) the amount involved and benefit resulting to the client from the services; (4) the customary fee charged for similar services; (5) the contingency or certainty of compensation; (6) the results obtained; and (7) the responsibility involved” (RMP Capital Corp. v Victory Jet, LLC at 839; see Matter of Freeman, 34 NY2d 1, 9 [1974]; M

2014“In determining reasonable compensation for an attorney, the court must consider such factors as the time, effort, and skill required; the difficulty of the questions presented; counsel’s experience, ability, and reputation; the fee customarily charged in *1185 the locality; and the contingency or certainty of compensation” (Green v Silver, 79 AD3d 1097, 1098 [2010]; see Matter of Freeman, 34 NY2d 1, 9 [1974]; Matter of Gaffney v Village of Mamaroneck, 21 AD3d 1032, 1032 [2005]).

2026Holding Corp. , 121 AD3d at 780 ; see McCormick 110, LLC v Gordon , 200 AD3d at 675 ).

2021Holding Corp. , 121 AD3d 778, 780 ).

2014Inc., 65 AD3d 481, 481 [1st Dept 2009]). “ ‘Once these prerequisites are satisfied, the court must consider the factors set out in CPLR 902, to wit, the possible interest of class members in maintaining separate actions and the feasibility thereof, the existence of pending litigation regarding the same controversy, the desirability of the proposed class forum and the difficulties likely to be encountered in the management of a class action’ ” (Rife v Barnes Firm, P.C., 48 AD3d 1228, 1229 [4th Dept 2008], lv dismissed in part and denied in part 10 NY3d 910 [2008], quoting Ackerman v Price Water

2004"Once the prerequisites are satisfied, the court must consider the factors set out in CPLR 902, to wit, the possible interest of class members in maintaining separate actions and the feasibility thereof, the existence of pending litigation regarding the same controversy, the desirability of the proposed class forum and the difficulties likely to be encountered in the management of a class action." ( Ackerman v Price Waterhouse, supra at 191).

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024"In order to sustain a claim of ineffective assistance of counsel, a court must consider whether defense counsel's actions at trial constituted egregious and prejudicial error such that the defendant did not receive a fair trial" ( People v Machia , 206 AD3d 1272, 1277 [3d Dept 2022] [internal quotation marks and citations omitted], lv denied 38 NY3d 1151 [2022]).

2024"In order to sustain a claim of ineffective assistance of counsel, a court must consider whether defense counsel's actions at trial constituted egregious and prejudicial error such that the defendant did not receive a fair trial" ( People v Machia , 206 AD3d 1272, 1277 [3d Dept 2022] [internal quotation marks and citations omitted], lv denied 38 NY3d 1151 [2022]).

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2024As to counsel's failure to object to the specificity of the indictment, our review satisfies us that the indictment "is valid on its face and does not suffer from the lack of specificity charged by defendant" when considering the nature of the offenses and the victims' ages ( People v Addison , 219 AD2d 782, 783 [3d Dept 1995]; see People v Adams , 59 AD3d 928 , 929 [4th Dept 2009], lv denied 12 NY3d 813 [2009]; see also People v Campbell , 17 AD3d 925, 926-927 [3d Dept 2005], lv denied 5 NY3d 760 [2005]). [FN3] Accordingly, the failure to move for such relief does not establish that counsel w

2022A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Smith , 193 AD3d 1260, 1267 [3d Dept 2021] [internal quotation marks and citations omitted], lv denied 37 NY3d 968 [2021]; People v Bombard , 187 AD3d 1417, 1419-1420 [3d Dept 2020]).

2022"In order to sustain a claim of ineffective assistance of counsel, a court must consider whether defense counsel's actions at trial constituted egregious and prejudicial error such that the defendant did not receive a fair trial" ( People v Campbell , 196 AD3d 834, 838 [2021] [internal quotation marks, brackets and citations omitted], lvs denied [*5] 37 NY3d 1025 [2021]; see People v Smith , 193 AD3d 1260, 1267 [2021], lv denied 37 NY3d 968 [2021]).

2022A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Campbell , 196 AD3d 834, 838 [2021] [internal quotation marks, brackets and citations omitted], lvs denied 37 NY3d 1025 [2021]; see People v Dickinson , 182 AD3d 783, 789 [2020], lv denied 35 NY3d 1065 [2020]).

2022"In order to sustain a claim of ineffective assistance of counsel, a court must consider whether defense counsel's actions at trial constituted egregious and prejudicial error such that the defendant did not receive a fair trial" ( People v Campbell , 196 AD3d 834, 838 [2021] [internal quotation marks, brackets and citations omitted], lvs denied [*5] 37 NY3d 1025 [2021]; see People v Smith , 193 AD3d 1260, 1267 [2021], lv denied 37 NY3d 968 [2021]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2019A claim will fail so long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Criss , 151 AD3d 1275, 1280 [2017] [internal quotation marks, brackets and citations omitted], lv denied 30 NY3d 979 [2017]; see People v Roshia , 133 AD3d 1029, 1031 [2015], affd 28 NY3d 989 [2016]).

2018"When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing" ( Matter of Barnes v State of New York , 158 AD3d at 962 [citations omitted]; see Ortiz v State of New York , 78 AD3d at 1314 ; Matter of Martinez v State of New York , 62 AD3d 1225, 1226 [20

2018When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), [FN1] and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing ( see Ortiz v State of New York , 78 AD3d 1314, 1314 [2010], affd 17 NY3d 389 [2011]; Matter of Martinez v State of New York , 62 AD3d at 1226 ; Matter of Best v State of New York , 42 AD

2018In determining whether an award of custody is in the children's best interests, a court must consider such factors as "'the parties' respective abilities to provide stable homes for the child[ren], their relationships with the child[ren] and ability to guide and provide for the child[ren]'" ( Matter of Christy T. v Diana T. , 156 AD3d at 1161 [brackets omitted], quoting Matter of Rumpff v Schorpp , 133 AD3d 1109, 1111 [2015]).

2018In determining whether a custodial award is in a child's best interests, a court must consider such factors as "the parties' respective abilities to provide stable homes for the child, their relationships with the child and ability to guide and provide for the child" ( Matter of Christy T. v Diana T. , 156 AD3d 1159, 1161 [2017] [internal quotation marks, brackets and citation omitted]).

2018"When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing" ( Matter of Barnes v State of New York , 158 AD3d at 962 [citations omitted]; see Ortiz v State of New York , 78 AD3d at 1314 ; Matter of Martinez v State of New York , 62 AD3d 1225, 1226 [20

2018When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), [FN1] and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing ( see Ortiz v State of New York , 78 AD3d 1314, 1314 [2010], affd 17 NY3d 389 [2011]; Matter of Martinez v State of New York , 62 AD3d at 1226 ; Matter of Best v State of New York , 42 AD

2014Here, the Supreme Court properly considered the relevant factors, which included the long duration of the marriage, the plaintiff’s extended absence from the work force, and the parties’ predivorce standard of living, and providently exercised its discretion in fashioning the maintenance award (see id.; Siskind v Siskind, 89 AD3d 832, 833 [2011]; Litvak v Litvak, 63 AD3d 691, 691-692 [2009]; Fitzpatrick v Fitzpatrick, 43 AD3d 991, 992 [2007]).

2014Here, the Supreme Court properly considered the relevant factors, which included the long duration of the marriage, the plaintiff’s extended absence from the work force, and the parties’ predivorce standard of living, and providently exercised its discretion in fashioning the maintenance award (see id.; Siskind v Siskind, 89 AD3d 832, 833 [2011]; Litvak v Litvak, 63 AD3d 691, 691-692 [2009]; Fitzpatrick v Fitzpatrick, 43 AD3d 991, 992 [2007]).

2014Here, the Supreme Court properly considered the relevant factors, which included the long duration of the marriage, the plaintiff’s extended absence from the work force, and the parties’ predivorce standard of living, and providently exercised its discretion in fashioning the maintenance award (see id.; Siskind v Siskind, 89 AD3d 832, 833 [2011]; Litvak v Litvak, 63 AD3d 691, 691-692 [2009]; Fitzpatrick v Fitzpatrick, 43 AD3d 991, 992 [2007]).

2014Here, the Supreme Court properly considered the relevant factors, which included the long duration of the marriage, the plaintiff’s extended absence from the work force, and the parties’ predivorce standard of living, and providently exercised its discretion in fashioning the maintenance award (see id.; Siskind v Siskind, 89 AD3d 832, 833 [2011]; Litvak v Litvak, 63 AD3d 691, 691-692 [2009]; Fitzpatrick v Fitzpatrick, 43 AD3d 991, 992 [2007]).

2018The court must consider factors that include, but are not limited to, each parent's reasons for seeking or opposing the move, the quality of the relationships between the children and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the children's future contact with the noncustodial parent, the degree to which the custodial parent's and children's lives may be enhanced economically, emotionally, and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and children through suitable physical ac

2016In evaluating the bests interests of the children, a court must consider such factors as “ 'each parent’s reasons for seeking or opposing the move, the quality of the relationships between the children] and the . . . parents, the impact of the move on the quantity and quality of the child [ren] ’s future contact with the noncustodial parent, the degree to which the custodial parent’s and child [ren] ’s [lives] may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child [ren] through suitab

2018"When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing" ( Matter of Barnes v State of New York , 158 AD3d at 962 [citations omitted]; see Ortiz v State of New York , 78 AD3d at 1314 ; Matter of Martinez v State of New York , 62 AD3d 1225, 1226 [20

2018When entertaining an application for permission to file a late notice of claim, the court must consider the factors enumerated in Court of Claims Act § 10 (6), [FN1] and, while no single factor is deemed controlling, this Court has consistently declined to disturb the denial of a claimant's application where the proposed claim is of questionable merit and inadequate excuses are offered for the delay in filing ( see Ortiz v State of New York , 78 AD3d 1314, 1314 [2010], affd 17 NY3d 389 [2011]; Matter of Martinez v State of New York , 62 AD3d at 1226 ; Matter of Best v State of New York , 42 AD

2017In determining the amount of that fee, the court must consider these factors: “(1) the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented; (2) the lawyer’s experience, ability, and reputation; (3) the amount involved and benefit resulting to the client from the services; (4) the customary fee charged for similar services; (5) the contingency or certainty of compensation; (6) the results obtained; and (7) the responsibility involved” (RMP Capital Corp. v Victory Jet, LLC at 839; see Matter of Freeman, 34 NY2d 1, 9 [1974]; M

2011In determining a counsel fee award, the trial court must consider factors such as “the difficulty of the questions involved, the skill required to handle the case, specifics as to the time and labor required, the [attorney’s] experience, ability and reputation, and the customary fee charged for similar services” (id. at 356; see generally Matter of Ury, 108 AD2d 816 [1985]; Matter of Potts, 241 NY 593 [1925], affg 213 App Div 59 [1925]).

2014“In determining reasonable compensation for an attorney, the court must consider such factors as the time, effort, and skill required; the difficulty of the questions presented; counsel’s experience, ability, and reputation; the fee customarily charged in *1185 the locality; and the contingency or certainty of compensation” (Green v Silver, 79 AD3d 1097, 1098 [2010]; see Matter of Freeman, 34 NY2d 1, 9 [1974]; Matter of Gaffney v Village of Mamaroneck, 21 AD3d 1032, 1032 [2005]).

2010In determining reasonable compensation for an attorney, the court must consider such factors as the time, effort, and skill required; the difficulty of the questions presented; counsel’s experience, ability, and reputation; the fee customarily charged in the locality; and the contingency or certainty of compensation (see Matter of Freeman, 34 NY2d 1, 9 [1974]; Matter of Gaffney v Village of Mamaroneck, 21 AD3d 1032 [2005]; Matter of Santemma v Chasco Co., 261 AD2d 408 [1999]).