variety of other factors in New York

2014It is seldom practiced openly, but it is the product of persistent and subtle suggestion imposed upon a weaker mind and furthered by the exploitation of a relationship of trust and confidence (Matter of Burke, 82 AD2d 260 [2d Dept 1981]).

1997Such administrative discretion in determining the duration of an eligible list is appropriate because "[t]he agency authorized to administer the competitive examination and to establish the eligible list is best positioned to judge the length of the * * * list depending on particular skills and knowledge necessary for the job, the needs of the relevant agency, the number of appointments available, as well as a variety of other factors relevant in deciding the utility of the list as a test of 'merit and fitness’ and its reasonable duration” (Matter of DiNatale v Levitt, supra, 76 NY2d, at 552 )

1996Considerations in this balancing test include the quality of an informant’s statement (People v Francis, 108 AD2d 322 ), the suspect’s appearance and response to an officer’s inquiry (People v Russ, 61 NY2d 693 ), conditions of visibility (People v Francis, supra), the sighting of a suspicious bulge, particularly in the area of the suspect’s waist (People v Benjamin, 51 NY2d 267 ), the presence or absence of other persons in the vicinity (People v Cartagena, supra), and a variety of other factors.

1996Considerations in this balancing test include the quality of an informant’s statement (People v Francis, 108 AD2d 322 ), the suspect’s appearance and response to an officer’s inquiry (People v Russ, 61 NY2d 693 ), conditions of visibility (People v Francis, supra), the sighting of a suspicious bulge, particularly in the area of the suspect’s waist (People v Benjamin, 51 NY2d 267 ), the presence or absence of other persons in the vicinity (People v Cartagena, supra), and a variety of other factors.

1996While courts have occasionally rejected evidence acquired in protective searches that were not founded upon reasonable suspicion of criminal activity (see, People v Taveras, 155 AD2d 131 , appeal dismissed 76 NY2d 871 ), they have largely deferred to police assessments of safety concerns in the street in permitting such searches.

1996While courts have occasionally rejected evidence acquired in protective searches that were not founded upon reasonable suspicion of criminal activity (see, People v Taveras, 155 AD2d 131 , appeal dismissed 76 NY2d 871 ), they have largely deferred to police assessments of safety concerns in the street in permitting such searches.

1996Considerations in this balancing test include the quality of an informant’s statement (People v Francis, 108 AD2d 322 ), the suspect’s appearance and response to an officer’s inquiry (People v Russ, 61 NY2d 693 ), conditions of visibility (People v Francis, supra), the sighting of a suspicious bulge, particularly in the area of the suspect’s waist (People v Benjamin, 51 NY2d 267 ), the presence or absence of other persons in the vicinity (People v Cartagena, supra), and a variety of other factors.

1996Considerations in this balancing test include the quality of an informant’s statement (People v Francis, 108 AD2d 322 ), the suspect’s appearance and response to an officer’s inquiry (People v Russ, 61 NY2d 693 ), conditions of visibility (People v Francis, supra), the sighting of a suspicious bulge, particularly in the area of the suspect’s waist (People v Benjamin, 51 NY2d 267 ), the presence or absence of other persons in the vicinity (People v Cartagena, supra), and a variety of other factors.

1996Considerations in this balancing test include the quality of an informant’s statement (People v Francis, 108 AD2d 322 ), the suspect’s appearance and response to an officer’s inquiry (People v Russ, 61 NY2d 693 ), conditions of visibility (People v Francis, supra), the sighting of a suspicious bulge, particularly in the area of the suspect’s waist (People v Benjamin, 51 NY2d 267 ), the presence or absence of other persons in the vicinity (People v Cartagena, supra), and a variety of other factors.

1980Finally, we recognize that a variety of other factors such as the length of the delay, the complexity of the facts underlying the plaintiff’s claim and the existence of prior settlement negotiations may have a bearing upon a court’s decision to grant or deny relief under CPLR 3012 (subd [b]) (see Sortino v Fisher, 20 AD2d 25 , supra).

1973As the Court of Appeals has stated, “undue influence * * * can be shown by all the facts and circumstances surrounding the testator, the nature of the will, his family relations, the condition of his health and mind ” and a variety of other factors, including the opportunity to exercise such influence (Matter of Anna, 248 N. Y. 421, 424 ).