Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 New York opinions name it 1 courts 2003–2016 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 |
|---|---|---|
MATTER OF PATEL v. Fischergreen2 sentences2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). 2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). | 2 | 2 |
Tyheem Yefya Keesh v. Smithgreen2 sentences2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). 2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). | 2 | 2 |
Patel v. Fischergreen2 sentences2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). 2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). | 2 | 2 |
Reynolds v. LaClairgreen1 sentence2016Furthermore, our review of the record establishes that the determination of guilt flowed from the evidence presented and not from any alleged bias of the Hearing Officer (see Matter of Horton v Annucci, 133 AD3d 1002, 1003-1004 [2015]; Matter of Reynolds v LaClair, 89 AD3d 1338, 1339 [2011]). | 1 | 1 |
Matter of Horton v. Annuccigreen1 sentence2016Furthermore, our review of the record establishes that the determination of guilt flowed from the evidence presented and not from any alleged bias of the Hearing Officer (see Matter of Horton v Annucci, 133 AD3d 1002, 1003-1004 [2015]; Matter of Reynolds v LaClair, 89 AD3d 1338, 1339 [2011]). | 1 | 1 |
Lashway v. Fischergreen1 sentence2016Any alleged inadequacies in the employee assistance was remedied by the Hearing Officer providing the assistant with the documentation at the hearing (see Matter of Lashway v Fischer, 117 AD3d 1141, 1142 [2014]). | 1 | 1 |
In re the Claim of Williamsgreen1 sentence2003The Board was entitled to credit the hearsay testimony of the employer’s representative that claimant was previously made aware of the documentation requirement and was repeatedly directed to document this absence (see Matter of Fratello [M & R Consumer Good s—Com missioner of Labor], 271 AD2d 880, 880 [2000]), and claimant’s contrary testimony presented a credibility issue for the Board to resolve (see Matter of Mahon [Commissioner of Labor], 288 AD2d 740 [2001], lv denied 97 NY2d 612 [2002]; Matter of Williams [Sweeney], 241 AD2d 740, 741 [1997], appeal dismissed 91 NY2d 848 [1997]). | 1 | 1 |
In re the Claim of Fratellogreen1 sentence2003The Board was entitled to credit the hearsay testimony of the employer’s representative that claimant was previously made aware of the documentation requirement and was repeatedly directed to document this absence (see Matter of Fratello [M & R Consumer Good s—Com missioner of Labor], 271 AD2d 880, 880 [2000]), and claimant’s contrary testimony presented a credibility issue for the Board to resolve (see Matter of Mahon [Commissioner of Labor], 288 AD2d 740 [2001], lv denied 97 NY2d 612 [2002]; Matter of Williams [Sweeney], 241 AD2d 740, 741 [1997], appeal dismissed 91 NY2d 848 [1997]). | 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 |
|---|---|---|
Green v. Fischer
green
2 sentences2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). 2013Consequently, we conclude that the determinations at issue are arbitrary, capricious and without a rational basis (see Matter of Green v Fischer, 96 AD3d 1247 , 1248 [2012], lv denied 20 NY3d 855 [2013]; compare Matter of Patel v Fischer, 67 AD3d 1193, 1193-1194 [2009], lv denied 14 NY3d 703 [2010]; Matter of Keesh v Smith, 59 AD3d 798, 798-799 [2009]). | 2 | 2013–2013 |
Rice v. Moses
neutral
2 sentences2004That the MRI was unsworn is not fatal to the threshold showing of serious injury, insofar as the physician related his own observations and findings regarding the injuries and loss of range of motion (Rice v Moses, 300 AD2d 213 [2002]), especially since the defense experts affirmatively relied on the same documentation to challenge the injuries (Toledo v A.P.O.W. 2003That the MRI was unsworn is not fatal to the threshold showing of serious injury, insofar as the physician related his own observations and findings regarding the injuries and loss of range of motion (Rice v Moses, 300 AD2d 213 [2002]), especially since the defense experts affirmatively relied on the same documentation to challenge the injuries (Toledo v A.P.O.W. | 2 | 2003–2004 |
Toledo v. A.P.O.W. Auto Repair/ Towing
green
2 sentences2004Auto Repair/Towing, 307 AD2d 233 [2003]). 2003Auto Repair/Towing, 307 AD2d 233 [2003]). | 2 | 2003–2004 |
Morhaim v. Morhaim
neutral
1 sentence2009The agreement clearly and unambiguously “contemplated] permanent separation” (Morhaim v Morhaim, 56 AD2d 550 , 552 [1977] [Silver-man, J., dissenting], revd on dissenting mem of Silverman, J., 44 NY2d 785 [1978], rearg denied 44 NY2d 949 [1978]). | 1 | 2009–2009 |
In re the Claim of Pianoforte
neutral
1 sentence2003Accordingly, substantial evidence supports the Board’s finding of misconduct based upon claimant’s failure to comply with the employer’s medical documentation requirements (see Matter of Jimenez [Commissioner of Labor], 301 AD2d 716 [2003]; Matter of Hughes [Commissioner of Labor], 283 AD2d 753 [2001]; Matter of Pianoforte [Commissioner of Labor], 271 AD2d 796 [2000]). | 1 | 2003–2003 |
In re the Claim of Hughes
green
1 sentence2003Accordingly, substantial evidence supports the Board’s finding of misconduct based upon claimant’s failure to comply with the employer’s medical documentation requirements (see Matter of Jimenez [Commissioner of Labor], 301 AD2d 716 [2003]; Matter of Hughes [Commissioner of Labor], 283 AD2d 753 [2001]; Matter of Pianoforte [Commissioner of Labor], 271 AD2d 796 [2000]). | 1 | 2003–2003 |
In re the Claim of Mahon
neutral
1 sentence2003The Board was entitled to credit the hearsay testimony of the employer’s representative that claimant was previously made aware of the documentation requirement and was repeatedly directed to document this absence (see Matter of Fratello [M & R Consumer Good s—Com missioner of Labor], 271 AD2d 880, 880 [2000]), and claimant’s contrary testimony presented a credibility issue for the Board to resolve (see Matter of Mahon [Commissioner of Labor], 288 AD2d 740 [2001], lv denied 97 NY2d 612 [2002]; Matter of Williams [Sweeney], 241 AD2d 740, 741 [1997], appeal dismissed 91 NY2d 848 [1997]). | 1 | 2003–2003 |
In re the Claim of Jimenez
green
1 sentence2003Accordingly, substantial evidence supports the Board’s finding of misconduct based upon claimant’s failure to comply with the employer’s medical documentation requirements (see Matter of Jimenez [Commissioner of Labor], 301 AD2d 716 [2003]; Matter of Hughes [Commissioner of Labor], 283 AD2d 753 [2001]; Matter of Pianoforte [Commissioner of Labor], 271 AD2d 796 [2000]). | 1 | 2003–2003 |
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.