Case law

Lindsay v. New York State Board of Parole

48 N.Y.2d 883 · New York Court of Appeals · Dec 11, 1979

. - On the merits, we agree that the failure to hold a timely revocation hearing requires dismissal of the parole violation charges (Matter of Piersma v Henderson, 44 NY2d 982 ; People ex rel. … Walsh v Vincent, 40 NY2d 1049 ). That a parole eligibility hearing was eventually conducted is irrelevant.

Casse v. New York State Racing & Wagering Board

70 N.Y.2d 589 · New York Court of Appeals · Dec 17, 1987

of Commrs. v Merchant, 103 NY 143, 148 [Earl, J.]; see also, Matter of Sigety v Leventhal, 42 NY2d 953, 955 ; Usery v Turner Elkhorn Min. … v Barchi, supra, at 64; cf., Hubel v West Va.

Town of Carmel v. Board of Supervisors

27 N.Y.2d 975 · New York Court of Appeals · Dec 10, 1970

However, since the courts below directed the board to adopt a permanent plan by July 1, 1969, the order appealed from should be modified so as to provide that the board act and adopt a plan of apportionment, meeting constitutional … (See, e.g., Franklin v. Mandeville, 26 N Y 2d 65, 70.) Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur in Per Curiam opinion. Ordered accordingly.

Zeitlin v. New York City Conciliation & Appeals Board

46 N.Y.2d 992 · New York Court of Appeals · Mar 22, 1979

Syracuse Intercepting Sewer Board v. Fidelity & Deposit Co.

255 N.Y. 288 · New York Court of Appeals · Jan 6, 1931

Shortly after its creation, and in 1909, the board entered into a contract, known as contract No. 8, with one Nicholas D. Pound. … The Board was charged with the duty of selecting a responsible bidder, and this called for honest judgment and discretion. We think that the Board in this particular performed its duty.

Claim of Brown v. New York State Training School for Girls

285 N.Y. 37 · New York Court of Appeals · Mar 6, 1941

(Matter of Heitz v. Ruppert, 218 N. Y. 148, 152 . See, also, Matter of Connelly v. Samaritan Hospital, 259 N. Y. 137, 141 .) … (Matter of Heitz v. Ruppert, supra, p. 152 .)

State University v. State Human Rights Appeal Board

55 N.Y.2d 896 · New York Court of Appeals · Feb 9, 1982

Browne v. New York State Board of Parole

10 N.Y.2d 116 · New York Court of Appeals · Jul 7, 1961

In the instant case, respondent did not seek review of a discretionary act of the board. … Y. 613 ; Matter of Daley v. Board of Estimate of City of N. Y., 258 App. Div. 165 ).

Common Council v. Town Board of Bethlehem

19 N.Y.2d 646 · New York Court of Appeals · Feb 14, 1967

Faymor Development Co. v. Board of Standards & Appeals

45 N.Y.2d 560 · New York Court of Appeals · Oct 31, 1978

The city appeals claiming that the board lacked the power to reinstate the permit on the ground stated and that the courts may not compel the board to do an unauthorized act. … , 34 NY2d 324 , supra; Matter of Bayswater v Karagheuzoff, 37 NY2d 408 , supra).

Board of Education v. Yonkers Federation of Teachers

46 N.Y.2d 727 · New York Court of Appeals · Nov 30, 1978

Even assuming that the terms of the agreement mandated that the award be advisory only (but see Matter of Yonkers Federation of Teachers v Board of Educ., 44 NY2d 752 ; Matter of Yonkers Federation of Teachers [Board of Educ … Forum v City of Binghamton, 44 NY2d 23 , 28-29; Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582-583 ).

Claim of Mullins v. State Board of Parole

35 N.Y.2d 992 · New York Court of Appeals · Jan 22, 1975

Pierre Pellaton Apts., Inc. v. Board of Assessors

43 N.Y.2d 769 · New York Court of Appeals · Dec 15, 1977

Hopkins at the Appellate Division (reported at 53 AD2d 463 , sub nom. 860 Executive Towers v Board of Assessors of County of Nassau). Question certified answered in the affirmative.

Sutton Area Community v. Board of Estimate

78 N.Y.2d 945 · New York Court of Appeals · Jul 9, 1991

The record, viewed as a whole, reveals that the Board was fully informed of all pertinent environmental issues, including those dealing with the sewage treatment plant change, and considered these numerous factors before … Accordingly, the "hard look” standard of judicial review is satisfied and the determination must be confirmed (see, Akpan v Koch, 75 NY2d 561 ).

Iafrate v. Suffolk County Board of Elections

42 N.Y.2d 991 · New York Court of Appeals · Aug 31, 1977

The record is devoid of any opposing affidavit or other proof from the board. … In Matter of Palla v Suffolk County Bd. of Elections ( 31 NY2d 36, 45 ), there were "issues of fact raised by the affidavits”.

Board of Education v. Niagara-Wheatfield Teachers Ass'n

46 N.Y.2d 553 · New York Court of Appeals · Mar 29, 1979

Board of Educ., 33 NY2d 229 ). … In all other cases "it is the declared policy of this State to encourage 'public employers and * * * employee organizations to agree upon procedures for resolving disputes’ ” (Board of Educ. v Associated Teachers of Huntington

People ex rel. Hopkins v. Board of Supervisors

7 N.Y. 556 · New York Court of Appeals · May 6, 1873

It was upon this ground that the comptroller advised the boards of supervisors of the several counties that the law for the creation of the debt was void, and required them to levy the tax directed by 'chapter 134 of the

People Ex Rel. Bacon v. . Board of Supervisors

105 N.Y. 180 · New York Court of Appeals · Apr 19, 1887

It is conceded that the power to fix the compensation of the district attorney and his assistants, clerks and officers, was vested by statute in the board of supervisors. … In this respect the case of Hobbs v. City of Yonkers ( 102 N. Y. 13 ) is in point. The judgment should be affirmed with costs. All concur. Judgment affirmed.

People Ex Rel. Clancy v. Board of Supervisors

139 N.Y. 524 · New York Court of Appeals · Oct 24, 1893

The relator, therefore, applied to a Special Term of the Supreme Court for a peremptory mandamus, requiring the board to recognize him as a supervisor of the city of Yonkers, and permit him to act as a member of the board … is “ providing for election of members of board of supervisors.”

Danis v. Commissioners of Board of Elections

10 N.Y.2d 802 · New York Court of Appeals · Sep 2, 1961