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6 New York opinions name it 2 courts 1980–2025 1 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 |
|---|---|---|
People v. Beatongreen2 sentences2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). 2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). | 2 | 2 |
People v. Eavesgreen2 sentences2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). 2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). | 1 | 1 |
People v. Eavesgreen2 sentences2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). 2025Here, the People submitted an ex parte motion that provided "a sufficiently detailed factual predicate to enable the court[ ] to evaluate the applicability of the statutory factors governing the issuance of protective orders, assess the weight to be given to each factor, and draw an appropriate balance" ( People v Beaton , 179 AD3d 871, 875 [2d Dept 2020]; see also People v Eaves , 152 AD3d 1226, 1227 [4th Dept 2017], lv denied 30 NY3d 949 [2017]). | 1 | 1 |
Matter of The Fund For Lake George, Inc. v. Town of Queensbury Zoning Board of Appealsgreen1 sentence2018Courts, however, should "not engage in their own balancing of the factors, but must yield to the ZBA's discretion and weighing of the evidence" ( Matter of Fund for Lake George, Inc. v Town of Queensbury Zoning Bd. of Appeals , 126 AD3d at 1155), "even if the court would have decided the matter differently in the first instance" ( Matter of Smelyansky v Zoning Bd. of Appeals of the Town of Bethlehem , 83 AD3d at 1268 ). | 1 | 1 |
Claim of Machajewski v. Town of Cambriagreen1 sentence2016Given the lack of sufficient evidence regarding the duties and activities in which decedent was engaged, the requirements for the applicability of the statutory presumption under Volunteer Firefighters’ Benefit Law § 61 was not met (see generally Matter of Machajewski v Town of Cambria, 89 AD3d 1175, 1175 [2011]). | 1 | 1 |
People v. Lemmonsgreen1 sentence1989In People v Lemmons ( 40 NY2d 505, 511-512 [1976]) the Court of Appeals held that the applicability of the statutory presumption afforded by subdivision (3) of section 265.15 of the Penal Law, as well as the applicability of the exception for a weapon found on the person, are generally questions for the trier of fact. | 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 |
|---|---|---|
Smelyansky v. Zoning Board of Appeals
green
1 sentence2018Courts, however, should "not engage in their own balancing of the factors, but must yield to the ZBA's discretion and weighing of the evidence" ( Matter of Fund for Lake George, Inc. v Town of Queensbury Zoning Bd. of Appeals , 126 AD3d at 1155), "even if the court would have decided the matter differently in the first instance" ( Matter of Smelyansky v Zoning Bd. of Appeals of the Town of Bethlehem , 83 AD3d at 1268 ). | 1 | 2018–2018 |
People v. Washington
green
1 sentence1980It “must be limited to instances in which the prosecution’s inability to proceed is justified by the purposes of the investigation and credible, vigorous activity in pursuing it.” (People v Washington, 43 NY2d 772, 774 .) To relieve the People of this burden would be to deny a reasonable effect to the statutory exception. | 1 | 1980–1980 |
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.