green
Positive treatment
17.8 score
Top citers, strongest first. 5 distinct citers.
discussed
Cited as authority (rule)
Dunn Auto Parts, Inc. v. Wells
Co., Ltd. v Vertin , 23 NY3d 549, 560 [2014]), "[w]here a [document] describes the particular situations in which it is to apply, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted and excluded" ( Village of Webster v Town of Webster , 270 AD2d 910, 912 [4th Dept 2000], lv dismissed in part and denied in part 95 NY2d 901 [2000] [internal quotation marks omitted]; see McKinney's Cons Laws of NY, Book 1, Statutes § 240; Town of Aurora v Village of E.
discussed
Cited as authority (rule)
Matter of Clover/Allen's Cr. Neighborhood Assn. LLC v. M&F, LLC
Inasmuch as the legislature failed to include a specific time period other than prior to the meeting, there is an " irrefutable inference' " that the exclusion of such a specific time period was intended ( Village of Webster v Town of Webster , 270 AD2d 910, 912 [4th Dept 2000], lv dismissed in part and denied in part 95 NY2d 901 [2000], quoting McKinney's Cons Laws of NY, Book 1, Statutes § 240; see Pajak v Pajak , 56 NY2d 394, 397 [1982]).
discussed
Cited as authority (rule)
Town of Aurora v. Village of East Aurora
Village Law § 6-604 provides in part that, “[i]f the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such control under this chapter.” Although Village Law § 6-606 provides that a village “may” obtain control of a bridge by a resolution of its board, it does not provide that a village “may only” obtain control by that method (see § 6-606). “[W]here a statute describes the particular situations in which it is to apply, ‘an irrefutable inference must be drawn that what is omitted or not included was intended to …
discussed
Cited as authority (rule)
Town of Aurora v. Village of East Aurora
Village Law § 6-604 provides in part that, “[i]f the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such control under this chapter.” Although Village Law § 6-606 provides that a village “may” obtain control of a bridge by a resolution of its board, it does not provide that a village “may only” obtain control by that method (see § 6-606). “[W]here a statute describes the particular situations in which it is to apply, ‘an irrefutable inference must be drawn that what is omitted or not included was intended to …
discussed
Cited as authority (rule)
Town of Aurora v. Village of East Aurora
Village Law § 6-604 provides in part that, “[i]f the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such control under this chapter.” Although Village Law § 6-606 provides that a village “may” obtain control of a bridge by a resolution of its board, it does not provide that a village “may only” obtain control by that method (see § 6-606). “[W]here a statute describes the particular situations in which it is to apply, ‘an irrefutable inference must be drawn that what is omitted or not included was intended to …
Jonathan R. Ketterer
v.
Lake Heights Apartments, L.P.
v.
Lake Heights Apartments, L.P.
Appellate Division of the Supreme Court of the State of New York.
Mar 29, 2000.
Published
—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, O’Donnell, J. (Appeal from Order of Supreme Court, Erie County, O’Donnell, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Pine, Hayes and Hurl-butt, JJ.