listed factors in New York

2017Dist., 139 AD3d at 1008 ; Matter of Lamprecht v Eastport-South Manor Cent.

2017Even under the standard articulated in WSC Riverside Dr. Owners LLC v Wiliams , 125 AD3d 458, 459 [1st Dept 2015], lv dismissed 25 NY3d 1221 [2015], relied upon by the majority, reversal is appropriate as the only "factual finding" made by the trial judge below, and relied upon, was explicitly barred by the Rent Stabilization Code.

2017Even under the standard articulated in WSC Riverside Dr. Owners LLC v Wiliams , 125 AD3d 458, 459 [1st Dept 2015], lv dismissed 25 NY3d 1221 [2015], relied upon by the majority, reversal is appropriate as the only "factual finding" made by the trial judge below, and relied upon, was explicitly barred by the Rent Stabilization Code.

2001As a result, intelligent review of the amount and duration of the maintenance award also is not possible (see, Otto v Otto, 150 AD2d 57, 61 ).

1997In my opinion, this evidence, measured against the listed factors and, under Braschi (supra, at 213 ), evaluated in the context of the “totality of the relationship,” demonstrates the “dedication, caring and self-sacrifice” necessary to satisfy respondent’s burden under the statute.

1990Notably absent from the statutory language is a requirement that the list include each disease that the Commissioner determines to be characterized by the listed factors (see, e.g., Natural Resources Defense Council v Train, 411 F Supp 864, 867 , affd 545 F2d 320).

1988Various factors are set forth in the statute for the court’s consideration and, while the listed factors are directive rather than exclusive, a showing of merit is not enumerated (Passalacqua v County of Onondaga, 94 AD2d 949 ).

1985The court listed the factors to consider: “the proximity of the vehicle to the point of arrest and the closeness of the search to the time of arrest and the probable cause which * * * the detectives had for conducting the search” (People v Orlando, supra, p 446 ).

1985In Orlando (supra) the car was parked outside the pharmacy in which the defendant had been arrested.

1953Indeed, the very word ‘ ‘ moral ’ ’ in the Ohio law was taken in its usual broad sense and held to be sufficiently definite for these purposes, in Mutual Film Corp. v. Ohio Ind. Comm. in these words ( 236 U. S. 230, 245-246 , supra)-.