Case law

Smith v. O'Dwyer

306 N.Y. 572 · New York Court of Appeals · Oct 16, 1953

Taub v. Pirnie

3 N.Y.2d 188 · New York Court of Appeals · Jul 3, 1957

(Matter of Kilgus v. Board of Estimate of City of N. Y., 308 N. Y, *194 620, 628; Matter of Weekes v. O’Connell, 304 N. Y. 259, 265 ; see, also, Morgan v. United States, 304 U. S. 1, 18 .) … Matter of Kilgus v. Board of Estimate of City of N. Y., supra, 308 N. Y. 620, 628 .)

MTR OF DI MARSICO v. Ambach

48 N.Y.2d 576 · New York Court of Appeals · Nov 27, 1979

(Matter of Bernstein v Toia, 43 NY2d 437, 448 ; Ostrer v Schenck, 41 NY2d 782 , 786; Matter of Howard v Wyman, 28 NY2d 434, 438 .) … (See Matter of Taub v Pirnie, 3 NY2d 188 .)

People v. Acevedo

69 N.Y.2d 478 · New York Court of Appeals · May 5, 1987

People v Berkowitz, 50 NY2d 333, 344 ; People v Lo Cicero, 14 NY2d 374, 380 ). … (Wingate v Wainwright, 464 F2d 209, 213-214; see, United States v Keller, 624 F2d 1154, 1158; United States v Mespoulede, 597 F2d 329, 334-335.)

In Re the Estate of Wilson

59 N.Y.2d 461 · New York Court of Appeals · Jul 12, 1983

In accordance with the terms of the trust, the board of education, acting as trustee, announced that applications from male students would be accepted on or before May 1,1979. … Newton, 382 US 296, 301 ; Commonwealth of Pennsylvania v Brown, 392 F2d 120).

Matter of Sullivan v. Taylor

279 N.Y. 364 · New York Court of Appeals · Jan 10, 1939

No power was granted to the town board by the Legislature to change the length of the term of office, without which the town board could not affect the duration of the term of the appointee (Matter of Litt v. … Board of Education, 216 N. Y. 304 ; State ex rel. County Attorney v. Willott, 103 Neb. 798 ; Stadler v. City of Detroit, 13 Mich. 346 ; Cf. Quayle v. City of New York, 278 N. Y. 19, 22 ).

Health Department v. . Knoll

70 N.Y. 530 · New York Court of Appeals · Sep 25, 1877

(Jones v. Estis, 2 J. R., 379; Bell v. Dole, 11 id., 173). … Many of them were involved in the case of The Metropolitan Board of Health v. Heister ( 37 N.

Matter of Jadick v. Bd. of Educ. of the City Sch. Dist. of Beacon

15 N.Y.2d 652 · New York Court of Appeals · Dec 3, 1964

In re the Arbitration between the Board of Education & Wager Construction Corp.

37 N.Y.2d 283 · New York Court of Appeals · Jul 2, 1975

No. 1, Town of Highlands v Double M. Constr. Corp., 34 NY2d 695 , affg 41 AD2d 771 ; Matter of Board of Educ. of Cent. School Dist. No. 2 [Hanover Ins. Co.], 16 NY2d 673 , affg 22 AD2d 936 ). … No. 1, 31 AD2d 338, 341 ; see, also, Waterman v State of New York, 19 AD2d 264, 266 , affd 14 NY2d 793 , 17 NY2d 613 ; Terrace Hotel Co. v State of New York, 19 AD2d 434, 436 ).

Peck v. Minot

4 Trans. App. 27 · New York Court of Appeals · Sep 15, 1867

Brown, is a simple question of fact. … Empire Stone Dressing Co., 6 Duer, 208 ; Stoddard v. Hart, 23 N. Y. R. 556; James v. Morey, 2 Cow. R. 292).

Matter of Becker v. Eisner

277 N.Y. 143 · New York Court of Appeals · Mar 8, 1938

V, § 6.) … Board of Commissioners of Washington Park v. Banks ( 67 N. Y. 568 ); People ex rel. New York Electric Lines Co. v. Squire ( 107 N. Y. 593 ); Darweger v. Staats ( 267 N.

Baddour v. City of Long Beach

279 N.Y. 167 · New York Court of Appeals · Nov 29, 1938

Smith v. Cuncannon (3 Brewst. [Pa.] 344); Stewart v. McCready ( 24 How. Pr. 62 ); Robbins v. Bangor Ry. & Elec. Co. ( 100 Me. 496 ); Friedrich Music House v. … . *176 In Robbins v. Bangor Ry. & Elec. Co. (supra) the court has collected the decisions as to the difference between a “ family ” house and a boarding house.

People v. . Trustees of Village of Ogdensburgh

48 N.Y. 390 · New York Court of Appeals · Jan 5, 1872

(People v. The Assessors of Albany, 40 N. Y., 154 .) I will, therefore, proceed to examine this case upon the merits. … (Hoyt v. The Commissioners of Taxes, 23 N. Y., 238; The People v. Gardner, 51 Barb., 352; Catlin v. Hull, 21 Vermont, 152.) !

Caruso v. New York City Police Department Pension Fund

72 N.Y.2d 568 · New York Court of Appeals · Nov 22, 1988

McGuire, 62 NY2d 563 ; Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010 ). … Finally, the cases relied upon by the union officials — Cahn v Town of Huntington ( 29 NY2d 451 ), Matter of Commco, Inc. v Amelkin ( 62 NY2d 260 ) and Matter of Slominski v Rutkowski ( 62 NY2d 781 ) — are inapposite.

Pell v. Coveney

37 N.Y.2d 494 · New York Court of Appeals · Sep 4, 1975

Similarly in Matter of Burton v Coveney ( 41 AD2d 943 , affd 32 NY2d 842 ) although the Board of Elections had been timely served, the proceedings were dismissed for the reason that the individual respondents were served … Davidson v Eastman, 35 NY2d 735 ). Here, the petitioners received notice of the Election Board’s determination that their designating petitions were invalid after the 14-day period had run.

Metro Enviro Transfer, LLC v. Village of Croton-on-Hudson

5 N.Y.3d 236 · New York Court of Appeals · Jul 6, 2005

In Matter of Twin County Recycling Corp. v Yevoli ( 90 NY2d 1000, 1002 [1997]), we recognized that a board is not without discretion iii deciding whether to grant a special use permit. 2 Scientific or expert evidence is not … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 196 [2002]).

Morley v. Arricale

66 N.Y.2d 665 · New York Court of Appeals · Oct 10, 1985

We agree with the Appellate Division that determinations as to the qualifications of candidates for pedagogical positions are within the purview of the Board of Education (see, Matter of Council of Supervisory Assns. v Board … of Antell v Board of Educ., 21 Misc 2d 119, 125 , affd 10 AD2d 699 ).

Cook v. . Nellis

18 N.Y. 126 · New York Court of Appeals · Sep 5, 1858

apparently is that the case was not one which arose in a Justices’ Court, and that considering it as an action originally commenced in the County Court, there was a want of. jurisdiction according to the case of Kundolph v. … This court was called upon to give a construction to similar language used in the Code in Brown v. Brown (2 Seld., 106).

Helme v. . Buckelew

229 N.Y. 363 · New York Court of Appeals · Jul 7, 1920

Gibson, 20 Hun, 274 , 276; Lockwood v. Brantly, 31 Hun, 155 , 157; McNamara v. Dwyer, 7 Paige, 239 ; Brown v. Brown, 4 Edw. Ch. 355 ; DeCoppet v. Cone, 199 N. Y. 56, 61 ; Bergmann v. Lord, 194 N. Y. 70 . Cf. … This was not so before the statute (Brown v. Brown; Field v. Gibson, supra), nor do I think it is so now.

People Ex Rel. Brady v. . Martin

145 N.Y. 253 · New York Court of Appeals · Mar 12, 1895

Bolster v. French, by the General Term of the first department, which case is reported in 46 Hun, 232 , and we agree with the reasoning adopted by Judge Daniels in delivering the opinion of the court in that case. … Tuck v. French ( 108 N. Y. 105 ), while not determining the question, looks in the same direction.