§Why CasetextPricing

In the Matter of David W. Howard, Respondent,v.Stature Electric, Inc., et al., Appellants. Workers' Compensation Board, Respondent.

Brief

20 Cited authorities

  1. Matter of Silmon v. Travis

    95 N.Y.2d 470 (N.Y. 2000)   Cited 617 times
    Stating that, under New York law, Alford pleas are permitted only where “the record before the court contains strong evidence of actual guilt,” and observing that they “may generally be used for the same purposes as any other conviction,” including “in determining predicate felon status for sentencing”

  2. People v. Miller

    91 N.Y.2d 372 (N.Y. 1998)   Cited 107 times
    Permitting a forensic pathologist to render her expert opinion based on the facts in the record including autopsy report "despite the fact that she had not personally examined the corpus delicti or performed the autopsy"

  3. City of N.Y. v. College Point

    61 A.D.3d 33 (N.Y. App. Div. 2009)   Cited 71 times
    Noting that defendants were sentenced to a one-year conditional discharge and ordered to pay restitution

  4. In the Matter of Losurdo v. Asbestos Free, Inc.

    1 N.Y.3d 258 (N.Y. 2003)   Cited 73 times

    149, 159. Decided December 22, 2003. Case No. 149: Howard D. Olinsky, for appellant. John I. Hvozda, for respondent Asbestos Free, Inc. Case No. 159: Submitted by Lee A. Hoffman, Jr., for appellant. Submitted by Alison Kent-Friedman, for respondents Pleasantville Ford, Inc., et al. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt and Graffeo concur. READ, J.: These appeals call for us to decide whether section 114-a(1) of the Workers' Compensation Law authorizes the Workers' Compensation Board

  5. In re State of New York

    87 A.D.3d 73 (N.Y. App. Div. 2011)   Cited 31 times

    No. 510668. June 9, 2011. APPEALS from two orders of the Supreme Court, Clinton County (Robert J. Muller, J.), entered July 9, 2009 and December 31, 2009. The orders, in a proceeding pursuant to Mental Hygiene Law article 10, found respondent to be a dangerous sex offender and confined him to a secure treatment facility. Sheila Shea, Mental Hygiene Legal Service, Albany ( Shannon L. Stockwell of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany ( Kathleen M. Treasure of counsel)

  6. Merchants Ins Co v. Arzillo

    98 A.D.2d 495 (N.Y. App. Div. 1984)   Cited 73 times
    Holding that the recent expansion of collateral estoppel warrants applying it even when a litigant has previously entered an Alford-type plea and insisted at sentencing that he was framed

  7. People v. Tausinger

    21 A.D.3d 1181 (N.Y. App. Div. 2005)   Cited 20 times

    14264. September 22, 2005. Appeal from a judgment of the County Court of Warren County (Austin, J.), rendered October 30, 2002, convicting defendant upon his plea of guilty of the crimes of arson in the third degree and criminal possession of a weapon in the third degree. Barbara M. Friend, Saranac Lake, for appellant. Kathleen B. Hogan, District Attorney, Lake George (Katherine G. Henley of counsel), for respondent. Before: Crew III, J.P., Mugglin, Rose and Lahtinen, JJ., concur. Peters, J. Defendant

  8. People v. Ture

    94 A.D.3d 1163 (N.Y. App. Div. 2012)   Cited 12 times

    2012-04-5 The PEOPLE of the State of New York, Respondent, v. Nicholas A. TURE, Appellant. Paul J. Connolly, Delmar, for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent. LAHTINEN Paul J. Connolly, Delmar, for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent. Before: MERCURE, Acting P.J., LAHTINEN, SPAIN, STEIN and McCARTHY, JJ. LAHTINEN, J. Appeal from a judgment of the

  9. In re David

    72 A.D.3d 1167 (N.Y. App. Div. 2010)   Cited 13 times   1 Legal Analyses

    No. 507356. April 1, 2010. Appeal from a decision of the Workers' Compensation Board, filed October 6, 2008, which determined that claimant violated Workers' Compensation Law § 114-a. Christine A. Scofield, Syracuse, for appellant. Gregory J. Allen, State Insurance Fund, Liverpool (Susan B. Marris of counsel), for Stature Electric, Inc. and another, respondents. Before: Peters, J.P., Spain, Lahtinen and Stein, JJ., concur. Garry, J. Claimant suffered a work-related injury in March 2003 and submitted

  10. In the Matter of Zharov

    4 A.D.3d 580 (N.Y. App. Div. 2004)   Cited 15 times

    93615. Decided and Entered: February 5, 2004. Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Public Health Law § 230-c) to review a determination of the Hearing Committee of the State Board for Professional Medical Conduct which revoked petitioner's license to practice medicine in New York. Tabak Stimpl, Uniondale (T. Lawrence Tabak of counsel), for petitioner. Eliot Spitzer, Attorney General, New York City (Raymond J. Foley of counsel), for respondents. Before: Crew