28 Cited authorities

  1. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 374 times
    Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition
  2. Matter of Rush v. Mordue

    68 N.Y.2d 348 (N.Y. 1986)   Cited 648 times
    In Matter of Rush v Mordue (68 NY2d 348, supra) and Matter of Brockway v Monroe (59 NY2d 179), the Court of Appeals recognized that prohibition would lie where the case involves a claim that a prosecution is improper because it is barred by immunity.
  3. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 226 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).
  4. Lee v. County Ct. of Erie County

    267 N.E.2d 452 (N.Y. 1971)   Cited 220 times
    Holding that an accused has a right to have counsel present at pretrial psychiatric examinations in order to make more effective his basic right of cross-examination
  5. People v. Correa

    2010 N.Y. Slip Op. 4662 (N.Y. 2010)   Cited 62 times
    In People v Correa (supra, 15 NY3d at 224), the Court of Appeals noted the existence of this open question but did not decide it. As the undersigned sits in the Appellate Division, Second Department, the undersigned is obligated to follow the Dalliessi decision unless and until it is disclaimed by either the Second Department or the Court of Appeals (Summit Constr. Serv. Group, Inc. v Act Abatement, LLC, 34 Misc 3d 823 [Sup Ct, Westchester County 2011] [Scheinkman, J.]).
  6. People v. Zimmer

    51 N.Y.2d 390 (N.Y. 1980)   Cited 128 times
    Holding that the prosecutor, who was counsel to and stockholder in the corporation that the defendant was alleged to have harmed should have recused himself
  7. Matter of Pirro v. Angiolillo

    89 N.Y.2d 351 (N.Y. 1996)   Cited 78 times
    Using executive memorandum to interpret provisions of New York Penal Law
  8. Matter of Town v. N.Y. St. Div. of Human Rights

    82 N.Y.2d 783 (N.Y. 1993)   Cited 85 times

    Argued September 7, 1993 Decided October 14, 1993 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Michael F. Mullen, J. Sara Toll East, New York City, and Lawrence Kunin for appellant. Roberts Finger, New York City (Thomas C. Greble and Andrew P. Marks of counsel), for Town of Huntington, respondent. Nancy E. Hoffman, Albany, William A. Herbert and Miguel Ortiz for Civil Service Employees Association, Inc., amicus curiae. MEMORANDUM. The order of the Appellate

  9. Kagen v. Kagen

    21 N.Y.2d 532 (N.Y. 1968)   Cited 164 times
    Holding that, within the New York State court system, the "Supreme Court is a court of original, unlimited and unqualified jurisdiction"
  10. People v. Adams

    2013 N.Y. Slip Op. 2107 (N.Y. 2013)   Cited 30 times
    In Adams, the Court ruled that the prosecutor's refusal to permit defendant to plead guilty to a lesser charge because the complainant, a sitting judge, opposed it, was one of the “rare” instances where the appearance of impropriety mandated disqualification.
  11. s 200.15 - Appointment of a special district attorney

    N.Y. Comp. Codes R. & Regs. tit. 22 § 200.15   Cited 9 times

    Any party filing with a superior court an application for appointment of a special district attorney, pursuant to section 701 of the County Law, shall make the application to the Chief Administrator of the Courts or to an appropriate Deputy Chief Administrative Judge. The Chief Administrator, Deputy Chief Administrative Judge, or appropriate Administrative Judge shall assign a superior court judge to consider the application as provided by law, selected from a list of judges established for that

  12. s 200.2 - Terms and parts of court

    N.Y. Comp. Codes R. & Regs. tit. 22 § 200.2   Cited 2 times

    (a) Terms of court. A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms. (b) Parts of court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi-judicial officer. There shall be such parts of court as may be authorized

  13. s 81.1 - Chief Judge's Administrative Delegation Number 2

    N.Y. Comp. Codes R. & Regs. tit. 22 § 81.1   Cited 2 times

    (a) Pursuant to article VI, section 28(b), of the State Constitution, and further to the delegation of authority to the Chief Administrator of the Courts effective April 1, 1978, the Chief Administrator of the Courts may designate deputy chief administrators for the courts within and outside the City of New York and a deputy chief administrator for management support. Said deputy chief administrators shall serve at the pleasure of the Chief Judge and the Chief Administrator and shall exercise and