Case law

Town of Dryden v. Tompkins County Board of Representatives

78 N.Y.2d 331 · New York Court of Appeals · Oct 10, 1991

In February 1986, Tompkins County, through respondent Board of Representatives, began the process of searching for a new landfill site to replace the Landstrom Landfill ordered closed by the Department of Environmental Conservation … This determination will be set aside by the courts only if it " 'was affected by an error of law or was arbitrary and capricious or an abuse of discretion’ ” (Akpan v Koch, 75 NY2d 561, 570 ).

Campbell v. . Wright

118 N.Y. 594 · New York Court of Appeals · Feb 25, 1890

(Baker v. Drake, 53 N. Y. 211 ; Gruman v. Smith, 81 id. 25.) … (White v. Smith, 54 N. Y. 522 ; Knowlton v. Fitch, 52 id. 288; Hess v. Rau, 95 id. 359.)

People Ex Rel. Morey v. Town Board of Audit

175 N.Y. 394 · New York Court of Appeals · Jun 16, 1903

Van Keuren v. Town Auditors ( 74 N. … Everett v. Board of Supervisors ( 93 N. Y. 397 ) a judgment was obtained against highway commissioners upon a contract for repairing highways.

Donald E. Axinn Companies v. Board of Assessors

85 N.Y.2d 838 · New York Court of Appeals · Feb 16, 1995

Respondent Board denied petitioner’s demand on the ground that calculation of the tax owed for 1989 was based on the settlement stipulation, not the erroneous acreage.

People v. Open Board of Stock Brokers Building Co.

92 N.Y. 98 · New York Court of Appeals · Mar 30, 1883

(Davoue v. Fanning, 2 Johns. Ch. 252 ; Gardner v. Ogden, 22 N. Y. 327 ; Forbes v. Halsey, 26 id. 53 ; Van Epps v. Van Epps, 9 Paige, 237; Duncomb v. N. H & N. Y. R. R., 84 N. Y. 199 .) … Mott, 7 Paige, 85 ; Grady v.

People Ex Rel. Toms v. . Board of Supervisors

199 N.Y. 150 · New York Court of Appeals · Jun 14, 1910

Onderdonk v. … To the same effect is People v. Board of Supervisors of Livingston Co. ( 34 N. Y. 516 ); People ex rel. Vanderbilt v. Stilwell ( 19 N. Y. 531 ).

Matter of Rosewood Prop. v. Board of Assessment

2 N.Y.3d 704 · New York Court of Appeals · Apr 6, 2004

CO., LLC, v. BOARD OF ASSESSMENT REVIEW FOR TOWN OF HAMBURG Court of Appeals of the State of New York. Decided April 6, 2004. Motion for leave to appeal denied.

Employers Claim Control Service Corp. v. Workmen's Compensation Board

35 N.Y.2d 492 · New York Court of Appeals · Dec 19, 1974

Thus, under a general standard of “fitness” it has been held that an administrative agency may determine an applicant’s “fitness” for a particular occupation (see Matter of Mandel v. Board of Regents, 250 N. … Y. 488, 493 , supra [emphasis in original]; see, also, Matter of Barton Trucking Corp. v. O’Connell, 7 N Y 2d 299, 308, supra; cf. Matter of Fink v. Cole, 1 N Y 2d 48, 53; Matter of Small v. Moss, 279 N.

Brown v. New York Central and Hudson River Railroad Co.

156 N.Y. 663 · New York Court of Appeals · Jun 7, 1898

Brown v. . New York Central and Hudson Riv. Rail. Co.

151 N.Y. 674 · New York Court of Appeals · Feb 12, 1897

Madison-Oneida Board of Cooperative Educational Services v. Mills

4 N.Y.3d 51 · New York Court of Appeals · Dec 21, 2004

2585 (3), term teacher applied to school administrator/supervisor]; Steele v Board of Educ. of City of N.Y., 40 NY2d 456, 463 [1976] [teacher applied to elementary school guidance counselors under section 2585 (3)]). … Protection v New York City Civ. Serv.

Rosenblum v. New York City Conflicts of Interest Board

18 N.Y.3d 990 · New York Court of Appeals · Apr 26, 2012

Heywood Condominium ex rel. Board of Managers v. Wozencraft

29 N.Y.3d 986 · New York Court of Appeals · May 4, 2017

People Ex Rel. O'Loughlin v. Board of Estimate & Apportionment

216 N.Y. 625 · New York Court of Appeals · Sep 28, 1915

People Ex Rel. Short v. Board of Fire Commissioners

114 N.Y. 67 · New York Court of Appeals · Mar 26, 1889

It is true that the resolution of the board of fire commissioners appointing him chief of battalion is silent upon the question as to whether it was to fill a vacancy ; but the return of the board is explicit upon the point … The return of the board must be taken as true- *70 It follows that the attempted promotion by the resolution referred to was to fill a supposed vacancy which did not, in fact, exist.

State Division of Human Rights v. Board of Education

40 N.Y.2d 1021 · New York Court of Appeals · Dec 20, 1976

The collective bargaining agreement between the Board of Education and the teachers association had adopted the preexisting policy of the board with respect to maternity leaves. … Union Free School Dist. v New York State Human Rights Appeal Bd., 35 NY2d 371 , mot for rearg den 36 NY2d 807 ).

Padilla v. New York State Board of Parole

97 N.Y.2d 649 · New York Court of Appeals · Nov 15, 2001

Bellacosa v. Classification Review Board of Unified Court System

72 N.Y.2d 383 · New York Court of Appeals · Oct 18, 1988

We are called upon on this appeal to resolve the issue left open in Cove v Sise ( 71 NY2d 910 ): namely, whether the Classification Review Board of the Unified Court System (the *386 Board) has the authority to reclassify … Inasmuch as this aspect of the Board’s determination was based on all three classification standards specified in Judiciary Law § 39 (8) (a) and is supported by evidence in the record, it must be upheld (see, Cove v Sise,

City Council of Mechanicville v. Town Board of Halfmoon

27 N.Y.2d 369 · New York Court of Appeals · Jan 7, 1971

The consent of the governing board of a county shall be required only where a boundary of the county is affected. … Matter of City of Saratoga Springs v. Town of Greenfield, 34 A D 2d 364; Matter of Common Council of City of Middletown v. Town Bd. of Town of Wallkill, 29 A D 2d 561; Matter of Common Council of City of Albany v.

Pine Knolls Alliance Church v. Zoning Board of Appeals

5 N.Y.3d 407 · New York Court of Appeals · Oct 20, 2005

In Cornell Univ. v Bagnardi ( 68 NY2d 583, 589 [1986]), our task was to determine how best to balance the needs and rights of educational and religious institutions seeking to expand their facilities in residential neighborhoods … The ZBA referred the entire expansion application to the Town Planning Board for a report and recommendation.