Case law

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  • Matter of Bd. of Educ. of the Connetquot Cent. Sch. Dist. of Islip

    60 N.Y.2d 840 · New York Court of Appeals · Nov 3, 1983

    The arguments of the school board that the arbitrator might make an award that could be said to be in violation of public policy do not justify judicial intervention in the arbitration process at this stage (Matter of Port … Washington Union Free School Dist. v Port Washington Teachers Assn., 45 NY2d 411, 417-418).

    Cited 6 timesPublished
  • Matter of City of New York

    224 N.Y. 697 · New York Court of Appeals · Nov 26, 1918

    A proceeding was instituted by the city of New York to acquire title to certain lands belonging to the Woodward-Brown Realty Company for a public park. … (Van Arsdale v. King, 155 N. Y. *699 325.) It is obvious that it is not a final order so far as the respondent and the realty company are concerned.

    Cited 2 timesPublished
  • Auqui v. Seven Thirty One Ltd. Partnership

    22 N.Y.3d 246 · New York Court of Appeals · Dec 10, 2013

    Gilberg v Barbieri, 53 NY2d 285, 293 [1981]). … ABN AMRO Bank, N.V. v MBIA Inc., 17 NY3d 208, 226 [2011]).

    Cited 34 timesPublished
  • MATTER OF HUNTER v. Orange County Bd. of Elections

    11 N.Y.3d 813 · New York Court of Appeals · Oct 23, 2008

    Cited 6 timesPublished
  • Claim of Everett v. A. S. Steel Rule Die Corp.

    66 N.Y.2d 683 · New York Court of Appeals · Oct 15, 1985

    Cited 5 timesPublished
  • De Forest v. . Walters

    153 N.Y. 229 · New York Court of Appeals · Jun 8, 1897

    (Smith v. Reid, 134 N. Y. 568 ; Miner v. Beekman, 50 N. Y. 337 ; Schoener v. Lissauer, 107 N. Y. 111 .) … (Bartlett v. Judd, 21 N. Y. 200 ; Reitz v. Reitz, 80 N. Y. 538 ; Sprague v. Cochran, 144 N. Y. 104 .)

    Cited 17 timesPublished
  • King v. McNab

    10 N.Y.2d 887 · New York Court of Appeals · Nov 2, 1961

    the order of Special Term upon the ground that in describing the office of candidate King, as Councilman, the petition described the office as it is described in the statute, in the certificate by the Town Clerk to the Board … The filling of that vacancy at the election will be designated as such on the voting machine pursuant to the manner in which the office is described in the certificate of the County Clerk to the Board of Elections, and no

    Cited 3 timesPublished
  • Johnson v. New York Central Railroad

    33 N.Y. 610 · New York Court of Appeals · Sep 5, 1865

    (Brown v. Dennison, 2 Wend., 593; Van Santvoord v. St. John, 6 Hill, 157 .) … (Forsyth v. Walker, 9 Barr, 148; Goold v. Chapin, 20 N. Y., 259 ; Fisk v. Newton, 1 Denio, 451 .)

    Cited 31 timesPublished
  • Schwimmer v. Hammock

    59 N.Y.2d 636 · New York Court of Appeals · Apr 28, 1983

    At the time petitioner was sentenced, the Board of Parole had authority to fix petitioner’s MPI. Only petitioner’s release pending appeal prevented the board from acting before the amendment’s effective date. … Although section 259-i does not confer any independent authority on the Board of Parole to set MPI’s, the failure to repeal it indicates that the Legislature contemplated that the Board of Parole would continue to set MPI

    Cited 2 timesPublished
  • The People v. William Cook

    29 N.Y.3d 121 · New York Court of Appeals · Mar 30, 2017

    The Board recommended a score of 125 points, which presumptively falls within risk level three. … The court is not bound by the Board’s recommendations but, rather, must make its own determinations based on the evidence (see People v Gillotti, 23 NY3d 841, 852 [2014]).

    Cited 36 timesPublished
  • Claim of Noyes v. First National City Bank

    33 N.Y.2d 723 · New York Court of Appeals · Oct 23, 1973

    Cited 1 timesPublished
  • Jeter v. Ellenville Central School District

    41 N.Y.2d 283 · New York Court of Appeals · Feb 15, 1977

    Lavine v Lindsay, 412 US 950 ; Lindsay v Wyman, 372 F Supp 1360, 1366 ; Triplett v Tiemann, 302 F Supp 1239, 1242 ; Matter of County of Cayuga v McHugh, 4 NY2d 609, 616 ; Black Riv. … Board of Educ. v Allen, 20 NY2d 109 , affd 392 US 236 ).

    Cited 67 timesPublished
  • Martinez v. Lazaroff

    48 N.Y.2d 819 · New York Court of Appeals · Nov 20, 1979

    workman on the premises, seeing flames in the kitchen, seized the flaming wax pot and threw it into the yard, burning plaintiff; in Miller v Board of Educ. ( 291 NY 25 ), to hold a board of education liable for failure to … In its primary and common application, it suggests the dwellings of the poor (Hitching v. Brown, 180 N. Y. 414, 422 ).

    Cited 64 timesPublished
  • Claim of Russell v. Union Forging Co.

    24 N.Y.2d 763 · New York Court of Appeals · Mar 5, 1969

    The Workmen’s Compensation Board allowed the claim and made a schedule award against the New York employer’s carrier. … In several of these instances the words necessarily imply the last employer over whom the board had jurisdiction (cf. Matter of Hamilton v. Healy Co., 14 A D 2d 364).

    Cited 1 timesPublished
  • Love v. N. Y. S. Craig School

    34 N.Y.2d 680 · New York Court of Appeals · May 1, 1974

    Cited 8 timesPublished
  • Claim of Snyder v. New York State Commission for Human Rights

    31 N.Y.2d 284 · New York Court of Appeals · Nov 2, 1972

    The board was thus warranted in finding industrial accident in the breakage of blood vessels and the ensuing hemorrhages (Matter of Sawatzki v. … Div. 789 ), occurring on the work premises from work-connected causas, whether the accident be attributed to excessive . emotional stress over a period of months, as the board found (Matter of Klimas v.

    Cited 6 timesPublished
  • The Matter of the Claim of Thomas Johnson v. City of New York , The Matter of the Claim of Joseph D. Liuni v. Gander Mountain

    New York Court of Appeals · Apr 21, 2022

    Workers' Compensation Board, Respondent. Case No. 29: Robert E. Grey, for appellant. Daniel Matza-Brown, for respondent City of New York. Brian D. Ginsberg, for respondent Workers' Compensation Board. … The Attorney General, representing the Board, contends Genduso was wrongly decided (see New York State Court of Appeals, No. 29 Matter of Johnson v City of New York / No. 30 Matter of Liuni v Gander Mountain, Oral Argument

    Cited 0 timesPublished
  • People Ex Rel. Swift v. . Luce

    204 N.Y. 478 · New York Court of Appeals · Feb 27, 1912

    Justice Daniels in de Hart v. … Y. v. Nichols, 19 N. Y. 582 ; State of N. Y. v. County of Kings, 125 id. 312.) The same principle was decided in Alexander v. Bennett ( 60 N. Y. 204 ).

    Cited 51 timesPublished
  • Brady v. City of New York

    22 N.Y.2d 601 · New York Court of Appeals · Oct 10, 1968

    (Matter of Kilgus v. Board of Estimate of City of N. Y., 308 N. Y. 620 ; Matter of Newbrand v. City of Yonkers, 285 N. Y. 164 ; Matter of Bennett v. … (Matter of Newbrand v. City of Yonkers, supra; Matter of Bennett v. Board of Trustees of Police Pension Fund, supra.)

    Cited 20 timesPublished
  • Von Kohorn v. Morrell

    9 N.Y.2d 27 · New York Court of Appeals · Jan 12, 1961

    We would suppose that these board members, with the facts either known to them (People ex rel. Fordham Manor Ref. Church v. Walsh, 244 N. … Conceivably, we could send the matter back to the board to amplify the findings to include the precise facts for which the members relied on their own sources of information (Matter of Community Synagogue v.

    Cited 14 timesPublished

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