7 New York opinions name it 1 courts 1991–2025 4 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 |
|---|---|---|
New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health & Mental Hygienegreen2 sentences2025Nevertheless, it is our opinion that the Host Family Home program is invalid under Boreali by virtue of the first and second factors ( see Matter of New York Statewide Coalition of Hispanic Chambers of Commerce v New York City Dept. of Health & Mental Hygiene , 23 NY3d at 701). 2025Nevertheless, it is our opinion that the Host Family Home program is invalid under Boreali by virtue of the first and second factors ( see Matter of New York Statewide Coalition of Hispanic Chambers of Commerce v New York City Dept. of Health & Mental Hygiene , 23 NY3d at 701 ). | 1 | 1 |
People v. Cuppuccinogreen1 sentence2022The delay was largely attributable to regular pretrial proceedings and scheduling issues rather than any inaction by the People, however, and delays of similar length have not been found to violate a defendant's right to due process ( see People v Cuppuccino , 199 AD3d 1121, 1122 [2021], lv denied 37 NY3d 1160 [2022]; People v Avera , 192 AD3d at 1383; People v Lanfranco , 124 AD3d 1144, 1145 [2015], lv denied 25 NY3d 1203 [2015]). | 1 | 1 |
People v. Averagreen1 sentence2022The delay was largely attributable to regular pretrial proceedings and scheduling issues rather than any inaction by the People, however, and delays of similar length have not been found to violate a defendant's right to due process ( see People v Cuppuccino , 199 AD3d 1121, 1122 [2021], lv denied 37 NY3d 1160 [2022]; People v Avera , 192 AD3d at 1383; People v Lanfranco , 124 AD3d 1144, 1145 [2015], lv denied 25 NY3d 1203 [2015]). | 1 | 1 |
People v. Lanfrancogreen1 sentence2022The delay was largely attributable to regular pretrial proceedings and scheduling issues rather than any inaction by the People, however, and delays of similar length have not been found to violate a defendant's right to due process ( see People v Cuppuccino , 199 AD3d 1121, 1122 [2021], lv denied 37 NY3d 1160 [2022]; People v Avera , 192 AD3d at 1383; People v Lanfranco , 124 AD3d 1144, 1145 [2015], lv denied 25 NY3d 1203 [2015]). | 1 | 1 |
People v. Chicherchiagreen1 sentence2020With respect to the first factor, his request to proceed pro se was made based on his belief that all the attorneys were in "cahoots," rather than on an unequivocal desire to proceed without the assistance of counsel ( see generally People v Larkins , 128 AD3d 1436 , 1441 [4th Dept 2015], lv denied 27 NY3d 1001 [2016]; People v Chicherchia , 86 AD3d 953, 954 [4th Dept 2011], lv denied 17 NY3d 952 [2011]). | 1 | 1 |
Brian Hoxie's Painting Co. v. Cato-Meridian Central School Districtgreen1 sentence2008School Dist. ( 76 NY2d 207, 212 [1990]), “[o]ur decisions have established that the most critical inquiry in determining whether to recognize a private cause of action where one is not expressly provided is whether such action would be consistent with the over-all legislative scheme.” The plaintiff has satisfied the first and second factors here. | 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 |
|---|---|---|
Brian v. Richardson
green
2 sentences2024Dinowitz is then quoted as stating: "Mr. Verdi and Mrs. Connelly made it their policy to enroll virtually any student into the school regardless of where they live and regardless of whether or not seats were available." We begin our evaluation of whether a reasonable listener could conclude that Dinowitz was conveying facts about Verdi with the first and second factors: both statements are specific and readily understandable, and the accusation that Verdi is responsible for the overcrowding can be proven true or false ( see Brian , 87 NY2d at 51 ). 2024Dinowitz is then quoted as stating: "Mr. Verdi and Mrs. Connelly made it their policy to enroll virtually any student into the school regardless of where they live and regardless of whether or not seats were available." We begin our evaluation of whether a reasonable listener could conclude that Dinowitz was conveying facts about Verdi with the first and second factors: both statements are specific and readily understandable, and the accusation that Verdi is responsible for the overcrowding can be proven true or false ( see Brian , 87 NY2d at 51 ). | 2 | 2024–2024 |
People v. Daniels
green
1 sentence2020With respect to the first factor, his request to proceed pro se was made based on his belief that all the attorneys were in "cahoots," rather than on an unequivocal desire to proceed without the assistance of counsel ( see generally People v Larkins , 128 AD3d 1436 , 1441 [4th Dept 2015], lv denied 27 NY3d 1001 [2016]; People v Chicherchia , 86 AD3d 953, 954 [4th Dept 2011], lv denied 17 NY3d 952 [2011]). | 1 | 2020–2020 |
People v. Larkins
green
1 sentence2020With respect to the first factor, his request to proceed pro se was made based on his belief that all the attorneys were in "cahoots," rather than on an unequivocal desire to proceed without the assistance of counsel ( see generally People v Larkins , 128 AD3d 1436 , 1441 [4th Dept 2015], lv denied 27 NY3d 1001 [2016]; People v Chicherchia , 86 AD3d 953, 954 [4th Dept 2011], lv denied 17 NY3d 952 [2011]). | 1 | 2020–2020 |
Lahey v. Kelly
green
1 sentence1991The Court of Appeals has now held that the positive results of an EMIT urinalysis test, when confirmed with the results of a second EMIT test, constitute substantial evidence to support a determination of guilt of violating a prison rule prohibiting the use of a controlled substance (Matter of Lahey v Kelly, 71 NY2d 135, 138 , supra). | 1 | 1991–1991 |
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.