Case law

Rosen v. Board of Higher Education

19 N.Y.2d 970 · New York Court of Appeals · May 31, 1967

Brown v. University of the State of New York

266 N.Y. 598 · New York Court of Appeals · Feb 26, 1935

Fields v. Board of Higher Education

63 N.Y.2d 817 · New York Court of Appeals · Oct 9, 1984

Matter of Mandell v. Board of Regents

250 N.Y. 173 · New York Court of Appeals · Dec 31, 1928

(Czarra v. Board of Medical Supervisors, 25 Appeal Cases [D. C.], 443; Hewitt v. State Board, 148 Cal. 590 .) … That power the Legislature might vest in an administrative board or officer. (State ex rel. Chapman v. State Board of Medical Examiners, 34 Minn. 387 ; Meffert v. State Medical Board, 66 Kan. 710 ; State ex rel.

State v. Public Employment Relations Board

68 N.Y.2d 695 · New York Court of Appeals · Jul 1, 1986

Matter of Levitch v. Board of Education

243 N.Y. 373 · New York Court of Appeals · Oct 5, 1926

(Barringer v. Powell, 230 N. Y. 37, 43 .) The Education Law specifically makes the Commissioner’s decision final and conclusive. There is nothing here to show that his action was purely arbitrary. … (Matter of O’Connor v. Emerson, 196 App. Div. 807, 810 ; affd., 232 N. Y. 561 ; Bullock v. Cooley, 225 N. Y. 566, 576 ; People ex rel. Board of Education v. Finley, 211 N.

Varsity Transit, Inc. v. Board of Education

5 N.Y.3d 532 · New York Court of Appeals · Nov 17, 2005

“had actual knowledge of the claim or failed to demonstrate actual prejudice” (Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 548 [1983]). … At the start of this litigation, the Department of Education was known as the Board of Education, the original named defendant. .

Gillen v. Smithtown Library Board of Trustees

94 N.Y.2d 776 · New York Court of Appeals · Oct 19, 1999

Supreme Court upheld the Board’s penalty and petitioner appealed. This time the Appellate Division affirmed (Matter of Gillen v Smithtown Lib. Bd. of Trustees, 254 AD2d 486 ). … Auth., 94 NY2d 779 [decided today]; Matter of Johnson v Board of Trustees, 61 NY2d 1014, 1015 ).

Haberman v. Zoning Board of Appeals

9 N.Y.3d 890 · New York Court of Appeals · Sep 6, 2007

Gross v. Albany County Board of Elections

3 N.Y.3d 251 · New York Court of Appeals · Oct 14, 2004

If no objection is lodged to the board’s decision to canvass or refuse to canvass a particular ballot during the canvass, that ballot cannot later be the subject of a judicial challenge (see Sheils v Flynn, 275 NY 446, 452 … Hirsh v Wood, 148 NY 142, 147 [1895]).

Board of Commissioners of Pilots v. Clark

33 N.Y. 251 · New York Court of Appeals · Sep 5, 1865

The language of Lord Denman, in The King v. Ward (4 Adolph; & Ellis, 384), approved of by this court in Davis v. The Mayor, &c., of N. Y. (4 Kern., 525), *266 is peculiarly applicable to this question.

Camarella v. East Irondequoit Central School Board

34 N.Y.2d 139 · New York Court of Appeals · May 8, 1974

(General Municipal Law, § 50-e; Pugh v. Board of Educ., 38 A D 2d 619, affd. 30 N Y 2d 968.) … The need for legislative reconsideration of the harsher aspects of section 50-e is apparent (see Matter of Murray v.

Haberman v. Zoning Board of Appeals

8 N.Y.3d 913 · New York Court of Appeals · Mar 29, 2007

Baird v. Board of Supervisors of Kings

138 N.Y. 95 · New York Court of Appeals · Apr 11, 1893

Carter v. Rice ( 135 N. … Carter v. Rice (cited supra).

People Ex Rel. Cisco v. . School Board

161 N.Y. 598 · New York Court of Appeals · Feb 6, 1900

King v. Gallagher ( 93 N. … The case of People v. King ( 110 N. Y. 418 ) is relied upon as modifying or overruling People ex rel. King v. Gallagher . We do not think such is its effect.

De Sena v. Board of Zoning Appeals

45 N.Y.2d 105 · New York Court of Appeals · Jun 15, 1978

It is not, moreover, the determinative factor, and we have in the past upheld the authority of a board to grant an area variance in situations involving self-created hardships (Conley v Town of Brookhaven Zoning Bd. of Appeals … Zoning Law and Practice [2d ed], § 18.62; see, also, Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead, 43 NY2d 801, 802 ).

Merrick Holding Corp. v. Board of Assessors

45 N.Y.2d 538 · New York Court of Appeals · Nov 2, 1978

2d 41 [shopping center]; Roosevelt Nassau Operating Corp. v Board of Assessors of County of Nassau, 68 Misc 2d 183 [shopping center]). … Gale v Tax Comm., 17 AD2d 225 , supra; Westbury Drive-In v Board of Assessors of County of Nassau, 70 Misc 2d 1077 , affd 45 AD2d 821 ; Matter of Ernst v Board of Assessors of City of Lockport, 58 Misc 2d 504 , affd 33 AD2d

MATTER OF VETTER v. Board of Education

14 N.Y.3d 729 · New York Court of Appeals · Feb 11, 2010

Although the 30-day and 60-day notice statutes do not specify a remedy in the event of noncompliance, we determined in Matter of Tucker v Board of Educ., Community School Dist. … No. 5 of Town of Greenburgh, Westchester County, 8 Ed Dept Rep 31, 32 [Decision No. 7893] [1968]; see also Matter of Board of Educ. of City School Dist. of City of Port Jervis v Burke, 94 Misc 2d 369, 371 [Sup Ct, Orange

Valstrey Service Corp. v. Board of Elections

2 N.Y.2d 413 · New York Court of Appeals · Mar 8, 1957

Valstrey Service Corporation has commenced a third-party action pursuant to section 193-a of the Civil Practice Act in order to establish the right to indemnification against the Board of Elections and the Sanitation and … indemnification appears to be that it was at most chargeable with passive negligence, whereas the defendants in the third-party action were guilty of active negligence, being in possession and control of the property (Tipaldi v.

Brown v. University of State of New York

265 N.Y. 290 · New York Court of Appeals · Oct 9, 1934