61 New York opinions name it 10 courts 1933–2022 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.
| Case | Followed | Cited |
|---|---|---|
Provencal-Dayle v. Daylegreen2 sentences2022Accordingly, since plaintiff submitted an "incomplete and insufficient record," he must "abide the consequences" ( Provencal-Dayle v Dayle , 50 AD3d 502, 503 [1st Dept 2008], lv denied 10 NY3d 716 [2008] [internal quotation marks omitted]). 2022Accordingly, since plaintiff submitted an "incomplete and insufficient record," he must "abide the consequences" ( Provencal-Dayle v Dayle , 50 AD3d 502, 503 [1st Dept 2008], lv denied 10 NY3d 716 [2008] [internal quotation marks omitted]). | 2 | 2 |
Cunney v. Board of Trusteesgreen1 sentence2017These violations, however, do not render the ZBA’s determination a nullity (see Matter of Cunney v Board of Trustees of the Vil. of Grand View, N.Y., 72 AD3d 960, 961-962 [2010]; Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404, 405 [1994]). | 1 | 1 |
Roberts v. Town Board of Carmelgreen1 sentence2017These violations, however, do not render the ZBA’s determination a nullity (see Matter of Cunney v Board of Trustees of the Vil. of Grand View, N.Y., 72 AD3d 960, 961-962 [2010]; Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404, 405 [1994]). | 1 | 1 |
People v. Sinatragreen2 sentences2016Citing People v Sinatra ( 89 AD2d 913, 915 [2d Dept 1982]), the majority states that counsel “had everything to gain and nothing to lose” by moving to reopen the suppression hearing, and that his failure to do so “was a decision not to contest the admissibility of critical evidence against his client.” However, in Sinatra , the weapon found under the front passenger seat of a car was the only evidence against the defendant with respect to the criminal possession of a weapon charge, and defense counsel never made a motion to suppress it. 2016Citing People v Sinatra ( 89 AD2d 913 [2d Dept 1982]), the majority states that counsel "had everything to gain and nothing to lose" by moving to reopen the suppression hearing, and that his failure to do so "was a decision not to contest the admissibility of critical evidence against his client." However, in Sinatra , the weapon found under the front passenger seat of a car was the only evidence against the defendant with respect to the criminal possession of a weapon charge, and defense counsel never made a motion to suppress it. | 1 | 1 |
Kahn v. City of New Yorkgreen1 sentence2008Accordingly, respondent “having submitted the appeal on an incomplete and insufficient record must abide the consequences” (Di Francesco v Di Francesco, 23 AD2d 740, 740 [1965]; see Kahn v City of New York, 37 AD2d 520, 521 [1971], affd 30 NY2d 690 [1972]). | 1 | 1 |
Kahn v. City of New Yorkgreen1 sentence2008Accordingly, respondent “having submitted the appeal on an incomplete and insufficient record must abide the consequences” (Di Francesco v Di Francesco, 23 AD2d 740, 740 [1965]; see Kahn v City of New York, 37 AD2d 520, 521 [1971], affd 30 NY2d 690 [1972]). | 1 | 1 |
Di Francesco v. Di Francescogreen1 sentence2008Accordingly, respondent “having submitted the appeal on an incomplete and insufficient record must abide the consequences” (Di Francesco v Di Francesco, 23 AD2d 740, 740 [1965]; see Kahn v City of New York, 37 AD2d 520, 521 [1971], affd 30 NY2d 690 [1972]). | 1 | 1 |
Order Minor Conventuals v. Leegreen1 sentence2007While it has been recognized that “property owned by a religious corporation and used primarily as a spiritual retreat is entitled to the exemption” (Order Minor Conventuals v Lee, 64 AD2d 227, 230 [1978]; see Greater N.Y. | 1 | 1 |
Yannon v. RCA Corp.green1 sentence2007However, the determination dated March 11, 2005 must be annulled, as the respondents, in effect, correctly concede, since the minutes of the hearing do not exist (see Matter of Parkinson v New York State Dept. of Correctional Servs., 191 AD2d 635, 636 [1993]; Matter of Gittens v Sullivan, 151 AD2d 481 [1989]; Matter of Jacob v Winch, 121 AD2d 446, 446-447 [1986]; Matter of Dupree v Scully, 100 AD2d 966, 967 [1984]). | 1 | 1 |
Jacob v. Winchgreen1 sentence2007However, the determination dated March 11, 2005 must be annulled, as the respondents, in effect, correctly concede, since the minutes of the hearing do not exist (see Matter of Parkinson v New York State Dept. of Correctional Servs., 191 AD2d 635, 636 [1993]; Matter of Gittens v Sullivan, 151 AD2d 481 [1989]; Matter of Jacob v Winch, 121 AD2d 446, 446-447 [1986]; Matter of Dupree v Scully, 100 AD2d 966, 967 [1984]). | 1 | 1 |
Parkinson v. New York State Department of Correctional Servicesgreen1 sentence2007However, the determination dated March 11, 2005 must be annulled, as the respondents, in effect, correctly concede, since the minutes of the hearing do not exist (see Matter of Parkinson v New York State Dept. of Correctional Servs., 191 AD2d 635, 636 [1993]; Matter of Gittens v Sullivan, 151 AD2d 481 [1989]; Matter of Jacob v Winch, 121 AD2d 446, 446-447 [1986]; Matter of Dupree v Scully, 100 AD2d 966, 967 [1984]). | 1 | 1 |
Richard Cotto v. Victor Herbert, Warden, Attica Correctional Facilitygreen1 sentence2003See by contrast Cotto v Herbert, 331 F3d 217 (2d Cir 2003). | 1 | 1 |
| Levins v. Bucholtzgreen | 1 | 1 |
| Saitta v. Malonegreen | 1 | 1 |
| In Re the Will of Hillsgreen | 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 |
|---|---|---|
People v. Darden
green
2 sentences2019Based on our in camera review of the minutes of a hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]), we find no basis for suppression. 2018Based on our in camera review of the minutes of a hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]), we find no basis for suppression. | 13 | 2008–2019 |
Goodman v. Department of Civil Service
neutral
2 sentences2007However, the determination dated March 11, 2005 must be annulled, as the respondents, in effect, correctly concede, since the minutes of the hearing do not exist (see Matter of Parkinson v New York State Dept. of Correctional Servs., 191 AD2d 635, 636 [1993]; Matter of Gittens v Sullivan, 151 AD2d 481 [1989]; Matter of Jacob v Winch, 121 AD2d 446, 446-447 [1986]; Matter of Dupree v Scully, 100 AD2d 966, 967 [1984]). 1993Since the minutes of the hearing do not exist, the determination should be annulled (see, Matter of Gittens v Sullivan, 151 AD2d 481 ). | 2 | 1993–2007 |
People v. Lamour
green
2 sentences2000Similarly, a defendant’s absence from a Sandoval hearing was held to be cured by the subsequent reading of the minutes of the hearing in his presence, after which defendant was given an opportunity to consult with counsel and raise any objections (see, People v Lamour, 189 AD2d 825 , lv denied 81 NY2d 973 ). 1995Further, in People v Whethers ( 212 AD2d 820 ), we held that the defendant’s absence from the Sandoval hearing did not constitute reversible error because: (1) the defendant was apprised of the discussions that had occurred in his absence; (2) he was informed of those charges about which the prosecutor wished to inquire; and (3) he was given an opportunity to address the court; Finally, in People v Lamour ( 189 AD2d 825 ), we held that the defendant’s absence from the Sandoval hearing was cured when the court read the minutes of the hearing into the record in the defendant’s presence and he wa | 2 | 1995–2000 |
300 Gramatan Avenue Associates v. State Division of Human Rights
green
2 sentences1997Assocs. v State Div. of Human Rights, 45 NY2d 176, 179-180 ). 1985Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). | 2 | 1985–1997 |
Aron v. Aron
neutral
2 sentences1945If the judgment debtor had taken the position, at the time the application was before the court for confirmation of the referee’s report, that the minutes of the hearing before the referee should be produced, that position would undoubtedly have been sustained (Aron v. Aron, 280 N. Y. 328 ). 1939(Aron v. Aron, 280 N. Y. 328 . | 2 | 1939–1945 |
Brady v. Maryland
green
1 sentence2017Based on our in camera review of the minutes of the hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]), we find that there was probable cause for the issuance of the search warrant and that there was no violation of Brady v Maryland ( 373 US 83 [1963]). | 1 | 2017–2017 |
People v. Acevedo
neutral
1 sentence2014The affidavits explained, in detail, why these techniques had been successful only up to a point, and why continued use of the same methods would have little chance of yielding the necessary evidence (see People v Rabb, 16 NY3d 145 [2011]; People v Giraldo, 270 AD2d 97 , 98 [1st Dept 2000], lv denied 95 NY2d 934 [2000]; People v Acevedo, 261 AD2d 308 [1st Dept 1999], lv denied 94 AD2d 819 [1999]). *517 This Court has conducted an in camera review of the minutes of the hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]). | 1 | 2014–2014 |
People v. Rabb
green
1 sentence2014The affidavits explained, in detail, why these techniques had been successful only up to a point, and why continued use of the same methods would have little chance of yielding the necessary evidence (see People v Rabb, 16 NY3d 145 [2011]; People v Giraldo, 270 AD2d 97 , 98 [1st Dept 2000], lv denied 95 NY2d 934 [2000]; People v Acevedo, 261 AD2d 308 [1st Dept 1999], lv denied 94 AD2d 819 [1999]). *517 This Court has conducted an in camera review of the minutes of the hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]). | 1 | 2014–2014 |
Seidl v. Safir
neutral
1 sentence2014The affidavits explained, in detail, why these techniques had been successful only up to a point, and why continued use of the same methods would have little chance of yielding the necessary evidence (see People v Rabb, 16 NY3d 145 [2011]; People v Giraldo, 270 AD2d 97 , 98 [1st Dept 2000], lv denied 95 NY2d 934 [2000]; People v Acevedo, 261 AD2d 308 [1st Dept 1999], lv denied 94 AD2d 819 [1999]). *517 This Court has conducted an in camera review of the minutes of the hearing conducted pursuant to People v Darden ( 34 NY2d 177 [1974]). | 1 | 2014–2014 |
In re Deanna G.
neutral
1 sentence2012However, he waived this claim by failing to assert it in his prior objections (see Mahunik v Harris, 236 AD2d 885 [1997]). | 1 | 2012–2012 |
People v. Merejildo
green
1 sentence2008Defendant’s arguments for disclosure are similar to those he made in an unsuccessful motion before this Court, and we see no reason to revisit our prior ruling (see People v Merejildo, 305 AD2d 143 [2003], lv denied 1 NY3d 540 [2003]). | 1 | 2008–2008 |
People v. Wheeler
neutral
1 sentence2007The record, including the plea minutes and the minutes of the hearing on the motion, establishes the voluntariness of the plea and fails to support any of defendant’s claims (see People v Wheeler, 289 AD2d 10 [2001], lv denied 97 NY2d 763 [2002]). | 1 | 2007–2007 |
People v. Huntley
green
1 sentence2004The minutes of a hearing held before another judge of this court, pursuant to People v Huntley ( 15 NY2d 72 [1965]), reveal that during that meeting, defendant acknowledged to Ms.; Lucas that he was the owner of the dog, that he knew the dog ¡had a tumor, and that he had not provided medical care to the dog because of his limited finances. | 1 | 2004–2004 |
In re Hopeton S.
neutral
1 sentence2001Review of defendant’s constitutional speedy trial claim is impeded by his failure to provide a complete set of the minutes of the hearing on his speedy trial motion or the minutes of the pertinent adjournments relative to the postarrest delay, all of which formed the basis for the court’s ruling (see, People v Castillo, 265 AD2d 188 , lv denied 94 NY2d 878 ). | 1 | 2001–2001 |
People v. Taranovich
green
1 sentence2001In any event, an analysis of the Taranovich factors indicates that defendant was not deprived of his constitutional right to a speedy trial (People v Taranovich, 37 NY2d 442 ). | 1 | 2001–2001 |
People v. Bridgman
green
1 sentence1998This court made findings of fact on the record as to the lack of others on the job or in the household to provide optional transportation, the inability or extreme difficulty to obtain alternative means of public or private transportation, and other requirements and factors set forth in People v Bridgman ( 163 Misc 2d 818 [the minutes of the hearing of January 26, 1998 are attached to the moving papers]). | 1 | 1998–1998 |
Bardi v. Mosher
green
1 sentence1998Claimant’s assertion that it was error for a panel of two Board members to consider his appeal rather than a full Board panel has been examined and found to be lacking in merit (see, Matter of Larkin [Sweeney], 235 AD2d 869 ) as has his contention that the Board did not render its decision “promptly’ in accordance with Labor Law § 621 (3). | 1 | 1998–1998 |
People v. Watkins
green
1 sentence1997Essentially, the present situation is analogous to that in People v Watkins ( 157 AD2d 301, 312-314 ) in which it was ruled that a police officer’s overtime voucher, which mentioned the time of the incident, was not Rosario material. | 1 | 1997–1997 |
| Consolidated Edison Co. v. New York State Division of Human Rights green | 1 | 1997–1997 |
| People v. Gehy neutral | 1 | 1996–1996 |
| People v. Whethers neutral | 1 | 1995–1995 |
| People v. Swift neutral | 1 | 1995–1995 |
| Silverescent Sign Co. v. Forty Second Street Corp. neutral | 1 | 1992–1992 |
| In re the Arbitration between Reale & B. Healy N. Y. Corp. green | 1 | 1990–1990 |
| Cortis v. Grenor Co. neutral | 1 | 1990–1990 |
| In re Kwane M. green | 1 | 1988–1988 |
| In re Carlief V. green | 1 | 1988–1988 |
| People v. Rickert green | 1 | 1988–1988 |
| People v. Hughes green | 1 | 1987–1987 |
| People v. Tunstall green | 1 | 1987–1987 |
| People v. Hoke green | 1 | 1986–1986 |
| People v. Stubbs green | 1 | 1986–1986 |
| People v. Perez neutral | 1 | 1986–1986 |
| People v. Marshall green | 1 | 1985–1985 |
| People v. Roberts green | 1 | 1984–1984 |
| People v. Charleston green | 1 | 1984–1984 |
| People v. Hodge green | 1 | 1984–1984 |
| Litts v. Melton green | 1 | 1978–1978 |
| People v. Scavone green | 1 | 1978–1978 |
| Congregation Beth El v. Crowley green | 1 | 1978–1978 |
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.