Case law

Chalfy v. Turoff

804 F.2d 20 · Court of Appeals for the Second Circuit · Oct 23, 1986

Whalen v. … See, e.g., Schware v. Board of Bar Examiners, 353 U.S. 232, 239 , 77 S.Ct. 752, 756 , 1 L.Ed.2d 288 (1957).

Vincent Beltempo v. John T. Hadden, Warden and United States Parole Commission

815 F.2d 873 · Court of Appeals for the Second Circuit · Apr 7, 1987

National Appeals Board Order, App. at 21. This is a mischaracterization of this court’s decision in United States v. … See Lynch v. United States Parole Commission, 768 F.2d 491, 496-97 (2d Cir.1985).

Kidney ex rel. Kidney v. Kolmar Laboratories, Inc.

808 F.2d 955 · Court of Appeals for the Second Circuit · Jan 5, 1987

That Court answered the question in the negative, Kidney v. … See Connecticut Performing Arts Foundation, Inc. v. Brown, 801 F.2d 566, 567 (2d Cir.1986).

McGuinn v. Smith

523 F. App'x 764 · Court of Appeals for the Second Circuit · Apr 26, 2013

McKithen v. Brown, 481 F.3d 89, 105 (2d Cir. 2007) (italics omitted) (internal 3 quotation marks omitted). … Cobb 5 v.

Bailey v. Baltimore & Ohio Railroad

227 F.2d 344 · Court of Appeals for the Second Circuit · Nov 18, 1955

More *347 over, a letter expressing the opinion of the Village Board is hardly “notice” of a condition of this sort. … The Board has no particular competency or power in the premises, and a mere non-official opinion expressed prior to the accident does not rise to the level of competent evidence of condition. Maltby v.

Mack Moore v. M.P. Howlett, Inc.

704 F.2d 39 · Court of Appeals for the Second Circuit · Mar 24, 1983

Plaintiff and three other longshoremen were directed to board the barge-crane to handle the four corner lines. … E.g., Lieggi v. Maritime Co. of the Philippines, “M/V Philippine Rizal”, 667 F.2d 324 (2d Cir.1981); Evans v. Transportacion Maritime Mexicana SS “Campeche”, 639 F.2d 848 (2d Cir.1981); Mattivi v.

Rong Hua Wang v. Mukasey

277 F. App'x 55 · Court of Appeals for the Second Circuit · May 7, 2008

See Ia-vorski v. INS, 232 F.3d 124 (2d Cir.2000); Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). … A motion to reconsider “must be filed with the Board within 30 days after the mailing of the Board decision.” 8 C.F.R. § 1003.2 (b)(2).

Finkielstain v. Seidel

857 F.2d 893 · Court of Appeals for the Second Circuit · Sep 8, 1988

The Maryland state court order appointing MDIF as receiver of First Maryland states that “it is impossible and unwise to return the management of First Maryland to its former board of directors or to a new board, to be managed … Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 464 , 65 S.Ct. 347, 350 , 89 L.Ed. 389 (1945). In Excess and Casualty Reinsurance Association v.

Renz v. Beeman

589 F.2d 735 · Court of Appeals for the Second Circuit · Nov 16, 1978

The trustees had the right to vote the stock and thus to control Finch-Pruyn. 1 The testator named his son-in-law, Maurice Hoopes, and a lawyer, Brown, as trustees. … United States v. National Association of Real Estate Boards, 339 U.S. 485, 495-96 , 70 S.Ct. 711 , 94 L.Ed. 1007 (1950); Nello L. Teer Co. v.

Ariza v. The City Of New York

139 F.3d 132 · Court of Appeals for the Second Circuit · Mar 9, 1998

See City of New York v. … Beech Aircraft Corp. v.

City of New York v. United States

179 F.3d 29 · Court of Appeals for the Second Circuit · May 27, 1999

In New York v. … For example, resistance to Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), was often in the nature of a refusal by local government to cooperate until under a court order to do so.

Andrew M. Rohman v. New York City Transit Authority (Nycta), Carmen J. Bianco

215 F.3d 208 · Court of Appeals for the Second Circuit · May 26, 2000

The Board interviewed Bianco, Yongue and Rohman and unanimously concluded that Rohman’s “Marginal” rating should be upgraded to “Good.” The Board explained its decision in a March 17, 1995 memorandum: “Mr. … Bianco informed Yongue of the Board’s decision by memorandum dated March 27, 1995.

Geraldine POWELL, Plaintiff-Appellant, v. SYRACUSE UNIVERSITY Et Al., Defendants-Appellees

580 F.2d 1150 · Court of Appeals for the Second Circuit · Jul 13, 1978

University of Maryland, 430 F.Supp. 602, 605-06 (D.Md. 1977); Peters v. Middlebury College, 409 F.Supp. 857, 868 (D.Vt.1976); Labat v. Board of Education, 401 F.Supp. 753, 757 (S.D.N.Y. 1975); Moore v. … See, e. g., Megill v. Board of Regents of the State of Florida, 541 F.2d 1073 (5th Cir. 1976); Stebbins v.

Houghton v. Commissioner of Internal Revenue

71 F.2d 656 · Court of Appeals for the Second Circuit · Jun 18, 1934

The taxpayers protested that the common shares had no “market value” in December, 1923, but the Board affirmed the mling. … See, also, Collin v. Com’r, 32 F.(2d) 753 (C. C. A. 6). Neither of these decisions embarrasses us here in affirming the Board.

Kaz Manufacturing Co., Inc. v. Chesebrough-Ponds, Inc.

317 F.2d 679 · Court of Appeals for the Second Circuit · May 21, 1963

Corp. v. Magnavox Co., S.D.N.Y., 110 F.Supp. 676 , and Patent Tube Corp. v. Bristol-Myers Co., S.D.N.Y., 25 F. Supp. 776 . … However, as Ronson Art Metal Works, Inc. v.

United States ex rel. Johnson v. Department of Correctional Services of New York

461 F.2d 956 · Court of Appeals for the Second Circuit · May 1, 1972

Relying on United States v. … He is now in the constructive custody of the New York State Board of Parole. As we said in United States ex rel. Sadness v. Wilkins, 312 F.2d 559, 560 (2 Cir. 1963), “[The Supreme Court’s] opinion in Jones v.

Escalera v. New York City Housing Authority

425 F.2d 853 · Court of Appeals for the Second Circuit · Apr 29, 1970

See Commonwealth of Pennsylvania v. Brown, 260 F.Supp. 323 (E.D.Pa.1966), rev’d on other grounds, 373 F.2d 771 (3 Cir.1967). In Thorpe v. … Board of Education, etc., 373 U.S. 668 , 83 S.Ct. 1433 , 10 L.Ed.2d 622 (1963), we will not yet dismiss her action for failure to exhaust available administrative remedies.

Insurance Company Of North America v. U.S. Dept. Of Labor

969 F.2d 1400 · Court of Appeals for the Second Circuit · Jul 16, 1992

We previously have ruled that the Director is not entitled to special deference in the face of a Board ruling, Director, OWCP v. General Dynamics Corp. … Banks v.

Richard R. Miscione v. Pennsylvania Railroad Company

284 F.2d 428 · Court of Appeals for the Second Circuit · Dec 5, 1960

The evidence was conclusive that the plaintiff had not “safely” boarded the first step of the car. The New York cases on which appellant relies are readily distinguishable. Thus, in Distler v. Long Island R. … Co. v. Leasure, 193 Md. 523 , 69 A.2d 248, 251 .

A.A., a Minor Under the Age of 21 Years, by His Parents J.A. And Franklin Alvarez, K.B., a Minor Under the Age of 21 Years, by the Parent S.B. R.B., a Minor Under the Age of 21 Years, by the Parent S.B. E.D.B., a Minor Under the Age of 21 Years, by His Parent, E.B. J.C., a Minor Under the Age of 21 Years, by the Parent, G.F. J.F., a Minor Under the Age of 21 Years, by the Parent, G.F. D.C., a Minor Under the Age of 21 Years, by Her Parent, Sandra C. S.C., a Minor Under the Age of 21 Years, by His Parent, G.W. D.J., a Minor Under the Age of 21 Years, by Her Parent, S.J. J.L., a Minor Under the Age of 21 Years, by His Parent, A.L. K.M., a Minor Under the Age of 21 Years, by His Parent, C.C. K.P., a Minor Under the Age of 21 Years, by His Parent, L.P. J.S., a Minor Under the Age of 21 Years, by His Parent, C.D. T.S., a Minor Under the Age of 21 Years, by His Parent, C.D. M.S., a Minor Under the Age of 21 Years, by the Parent Tina S. S.S., a Minor Under the Age of 21 Years, by the Parent, Tina S. T.C.S., a Minor Under the Age of 21 Years, by His Parent Tina S. V.S., a Minor Under the Age of 21 Years, by the Parent Tina S. D.S., a Minor Under the Age of 21 Years, by His Parent R.S. J.W., a Minor Under the Age of 21 Years, by His Parent M.W., Individually and on Behalf of Themselves and All Other Persons Similarly Situated J.A. S.B., as Parent of K.B. And R.B. E.B., as Parent of E.D.B. G.F., as Parent of J.C. And J.F. Sandra C., as Parent of D.C. G.W., as Parent of S.C. S.J., as Parent of D.J. A.L., as Parent of J.L. C.C., as Parent of K.M. L.P., as Parent of K.P. C.D., as Parent of J.S. Tina S., as Parent of S.S., M.S., T.C.S. And V.S. R.S., as Parent of D.S. M.W., as Parent of J.W., and as Residents and Taxpayers of Central Islip U.F.S.D., and All Other Persons Similarly Situated and Long Island Advocacy, Inc. v. Fred Philips, as Member of the Board of Education, Central Islip U.F.S.D. And Individually Sandra Townsend, as Member of the Board of Education, Central Islip U.F.S.D. And Individually Helen Brannon, as Member of the Board of Education, Central Islip U.F.S.D. And Individually Howard Koenig, as Superintendent of Schools of the Central Islip U.F.S.D. And Individually Manuel J. Ramos, as Assistant Superintendent of Schools of the Central Islip U.F.S.D. And Individually Jerry L. Jackson, as Assistant to the Superintendent of Schools of Central Islip U.F.S.D. And Individually New York State Education Department Richard P. Mills, Commissioner of Education of the State of New York George E. Pataki, Governor of the State of New York and Board of Education, Central Islip U.F.S.D., New York Lawyers for the Public Interest, Inc., Amicus Curiae

386 F.3d 455 · Court of Appeals for the Second Circuit · Oct 19, 2004

Fred PHILIPS, as member of the Board of Education, Central Islip U.F.S.D. and individually; Sandra Townsend, as member of the Board of Education, Central Islip U.F.S.D. and individually; Helen Brannon, as member of the Board … See A.A. v.