§Why CasetextPricing

Rosemarie A. Herman,, et al., Respondents, Avon Bard LLC, et al., Plaintiffs,v.Julian Maurice Herman, et al., Appellants, Michael Offit, et al., Defendants. (And a Third-Party Action.)

Brief

21 Cited authorities

  1. People v. Valenza

    60 N.Y.2d 363 (N.Y. 1983)   Cited 39 times
    In People v. Valenza, 60 N.Y.2d 363, 457 N.E.2d 748, 469 N.Y.S.2d 642 (1983), the Court of Appeals examined the structure of the "[p]enalties and interest" provision, section 1145, of the Tax Law.

  2. Matter Agric. Soc. v. Cluchey

    40 N.Y.2d 194 (N.Y. 1976)   Cited 30 times

    Argued June 7, 1976 Decided July 1, 1976 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, NORMAN A. STILLER, J. Edward D. Siemer for appellant. Walter L. Rooth, Town Attorney (Francis X. Murphy of counsel), for respondent. COOKE, J. The Erie County Agricultural Society was organized in 1819 and incorporated in 1856. Its past as well as present purpose remains the promotion of the agricultural, horticultural, mechanical and manufacturing interests of Erie

  3. State in Interest of M.S

    374 A.2d 445 (N.J. 1977)   Cited 27 times

    Argued February 22, 1977 — Decided May 24, 1977. Appeal from Superior Court, Appellate Division. Ms. Marcia R. Richman, Assistant Public Defender, and Mr. Steven Zamrin, Assistant Deputy Public Defender, argued the cause for appellants ( Mr. Stanley C. Van Ness, Public Defender, attorney). Mr. Kenneth P. Ply, Assistant Prosecutor, argued the cause for the respondent ( Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Miss Sara A. Friedman, Assistant Prosecutor, on the brief). Mr. Lowell Espey

  4. People v. Ortega

    127 Misc. 2d 717 (N.Y. Sup. Ct. 1985)   Cited 18 times
    Accepting the proposition that "a defendant's acquittal by reason of insanity was not a conviction"

  5. Matter of Freeman

    103 Misc. 2d 649 (N.Y. Fam. Ct. 1980)   Cited 18 times
    In Matter of Freeman (103 Misc.2d 649, 655), the court determined that a PINS held in a facility similar to the House of the Good Shepherd is "not in `detention' for purposes of the criminal escape provisions of the Penal Law".

  6. United States v. Wood

    628 F.2d 554 (D.C. Cir. 1980)   Cited 14 times

    Nos. 73-1629, 74-1004. Argued En Banc May 26, 1977. Judgment June 29, 1979. Opinions March 21, 1980. Frederick W. Weisberg, Washington, D.C. (appointed by this Court), for appellant. Silas J. Wasserstrom, Washington, D.C., entered an appearance for appellant after the case was argued. Roger M. Adelman, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry, Barry W. Levine, Garey S. Stark and Regina C. McGranery, Asst. U.S. Attys., Washington, D.C., were on brief

  7. People v. Buthy

    85 A.D.2d 890 (N.Y. App. Div. 1981)   Cited 6 times
    In Buthy, the defendant, an insanity acquittee who eloped from Gowanda Psychiatric Center, a secure facility, was indicted for escape in the second degree.

  8. Matter of Bolden v. Blum

    48 N.Y.2d 946 (N.Y. 1979)   Cited 7 times

    Argued November 14, 1979 Decided December 17, 1979 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT C. WILLIAMS, J. Timothy Casey, David L. Posner, Joan E. Schmukler and Henry Friedman for appellant. Robert Abrams, Attorney-General (Carl E. Stephan and Shirley Adelson Siegel of counsel), for respondent. Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 68 A.D.2d 600). Concur:

  9. State v. Ewing

    518 S.W.2d 643 (Mo. 1975)   Cited 11 times

    No. 58299. January 13, 1975. Motion for Rehearing or Transfer to Court en Banc Denied February 10, 1975. APPEAL FROM THE CIRCUIT COURT, CALLAWAY COUNTY, FRANK CONLEY, J. John C. Danforth, Atty. Gen., Robert Presson, Asst. Atty. Gen., Jefferson City, for respondent. Richard Boardman, Legal Aid Society of St. Louis, St. Louis, for appellant. HOUSER, Commissioner. David Lee Ewing, found not guilty of murder by reason of mental illness, was ordered committed to the custody of the Director of the Division

  10. State v. Kyles

    166 N.J. Super. 343 (App. Div. 1979)   Cited 7 times
    In State v Kyles (166 N.J. Super. 343, 399 A.2d 1027 [Super Ct, App. Div. 1979]) the New Jersey court also held that the escape statute (NJ Stat Ann § 2A:104-6) does not apply to the unauthorized departure from a psychiatric institution by a person who is involuntarily civilly committed.

  11. Section 751 - Prisoners in custody of institution or officer

    18 U.S.C. § 751   Cited 1,423 times   3 Legal Analyses
    Defining crime of escape and penalties

  12. Section 24-301 - Probation system; probation officers; appointment. [Repealed]

    D.C. Code § 24-301   Cited 229 times
    Setting forth the elements of, and the defendant's burden of proof in asserting, the insanity defense

  13. Section 2C:29-5 - Escape

    N.J. Stat. § 2C:29-5   Cited 96 times
    Defining crime of escape to include the unauthorized failure "to return to official detention following temporary leave granted for a specific purpose or limited period"

  14. Section 1026.4 - Escape

    Cal. Pen. Code § 1026.4   Cited 2 times

    (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from or who escapes while being conveyed to or from the state hospital or facility, is punishable by imprisonment in the county jail not to exceed one year or in a state prison for a determinate term of one year and one day. The term of imprisonment imposed pursuant to this section shall be served consecutively to any other sentence or commitment

  15. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  16. Section 541.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 14 § 541.1   Cited 7 times

    (a) Administrative privileges means any occasion on which the defendant leaves the buildings to which he or she is restricted for the purpose of receiving care or treatment elsewhere in the facility, with or without the constant supervision of one or more employees of the facility, or any occasion on which the defendant leaves the confines of the facility for the receipt of medical care, appearance in court or attendance at the funeral of an immediate family member, and during which he or she is

  17. Section 541.7 - Order of transfer

    N.Y. Comp. Codes R. & Regs. tit. 14 § 541.7   Cited 1 times

    (a) A defendant in a secure facility, pursuant to a retention order or a recommitment order, may not be transferred to a nonsecure facility unless the court that issued the commitment order or recommitment order, or a superior court in the county in which the secure facility is located, issues a transfer order. (b) The Director of Forensic Services may apply for a transfer order upon the recommendation of the clinical director, after consultation with the hospital forensics committee, in accordance