Case law

Mannor Marine Realty Corp. v. Wachtler

22 N.Y.2d 825 · New York Court of Appeals · Jun 14, 1968

Order affirmed, with costs, on the opinion at Special Term in the companion case of Riviera Assn. v. Town of North Hempstead ( 52 Misc 2d 575 ). Question certified not answered.

Matter of Rooney v. Rice

274 N.Y. 347 · New York Court of Appeals · May 25, 1937

(Matter of Byrnes v. Windels, 265 N. Y. 403 .) Whether a position is confidential and should be *352 classified, as exempt is for the Civil Service Commission rather than for the courts to decide (Matter of Blatz v. … Div. 763 ; Matter of Simons v. McGuire, 204 N. Y. 253 ), and unless its discretion is unreasonably exercised its decision cannot be disturbed. (Matter of Farley v. Kraft, 131 N. Y. Supp. 353 ; affd., 147 App.

Malacarne v. City of Yonkers Parking Authority

41 N.Y. 189 · New York Court of Appeals · Dec 28, 1976

The Workmen’s Compensation Board found that Maurice Malacarne was killed in the course of his employment. The Appellate Division held that he was not and, *190 accordingly, reversed. … & Kaminsky, 262 NY 104 ; Matter of Trent v Collins Tuttle & Co., 20 AD2d 948 ; Matter of Douglas v Kenn-Well Contr.

Cove v. Sise

71 N.Y.2d 910 · New York Court of Appeals · Apr 21, 1988

concerning position classifications are of course subject to only limited judicial review, and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis (see, Matter of Dillon v … Commn., 43 NY2d 574, 580 ; Matter of Grossman v Rankin, 43 NY2d 493, 503 , rearg denied 44 NY2d 733 ).

Twin County Recycling Corp. v. Yevoli

90 N.Y.2d 1000 · New York Court of Appeals · Oct 28, 1997

Props. v Town of Guilderland Zoning Bd. of Appeals, 66 NY2d 893, 895 ; Matter of Pleasant Val. Home Constr. v Van Wagner, 41 NY2d 1028, 1029 ). … Home Constr. v Van Wagner, supra).

Matter of Anderson v. Bd. of Educ. of the City of Yonkers

38 N.Y.2d 897 · New York Court of Appeals · Feb 17, 1976

sound reasons of educational policy the grant of tenure to any individual teacher depended on the concurrence of the superintendent of schools (generally representing the points of view of professional educators) and the board … The amendment mandates review by the board in every instance and is not limited to cases in which objection has been raised by the individual teacher affected.

Casado v. Markus

16 N.Y.3d 735 · New York Court of Appeals · Jan 18, 2011

Matter of McAneny v. . Bd. of Estimate, Etc.

232 N.Y. 377 · New York Court of Appeals · Jan 17, 1922

v. … McLean v. Flagg, 46 N. Y. 401 ; People ex rel. Morrill v. Board of Supervisors of Queens Co., 112 N.

Matter of Leone v. Brewer

259 N.Y. 386 · New York Court of Appeals · Jul 19, 1932

(Gorieb v. Fox, supra, p. 607 ; Nectow v. Cambridge, 277 U. S. 183 .) … (Matter of Reed v. Board of Standards & Appeals, 255 N. Y. 126, 136 .) This ruling is in accord with all our decisions. In Matter of Eaton v. Sweeny ( 257 N.

People v. Key

45 N.Y.2d 111 · New York Court of Appeals · Jun 15, 1978

Brown, 40 NY2d 381, 391 , supra; see Lee v United States, 432 US 23, 36-37 [Rehnquist, J., concurring]). … It is the premature dismissal that has caused the trouble in this case, and that should be avoidable in most other cases (People v Brown, 40 NY2d 381, 394 , supra).

Matter of Long Island R.R. Co. v. Hylan

240 N.Y. 199 · New York Court of Appeals · May 5, 1925

Trustees of Village of Jamaica v. Board of Supervisors, Queens County ( 131 N. … Co. v. Village of Port Chester, supra.)

Peo. Ex Rel. Presmeyer v. . Comrs. of Police

59 N.Y. 92 · New York Court of Appeals · Nov 17, 1874

Upon an inquiry the said board, or the party complained of, may summon and the said board may compel the *Page 95 attendance of witnesses before them and examine them under oath. … That the power to license the sale of intoxicating liquors and to cancel such license when granted is vested in the legislature, has been determined by this court. ( Metropolitan Board of Excise v.

Bansbach v. Zinn

1 N.Y.3d 1 · New York Court of Appeals · Oct 30, 2003

(Marx v Akers, 88 NY2d at 194 ). … Lichtenberg v Zinn was a derivative action brought in 1993 on behalf of Besicorp against its board members, including Zinn, charging that they caused the corporation to grant board members substantial stock options and warrants

Roher v. Dinkins

32 N.Y.2d 180 · New York Court of Appeals · Apr 25, 1973

They argue that article XIII (§ 3) of the Constitution does not apply to school board members based on an analysis of our decision and the record in Matter of Howard v. Rockefeller (15 N Y 2d 927). … Weller v. Townsend, 102 N. Y. 430 ; Matter of MacAdams v. Cohen, 236 App. Div. 361 , affd. 260 N. Y. 559 ; Matter of Mitchell v. Boyle, 219 N. Y. 242 .)

Howard v. New York Times

100 N.Y.2d 531 · New York Court of Appeals · May 8, 2003

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the Workers’ Compensation Board determination denying the application for reconsideration and/or full Board review

People v. Charache

9 N.Y.3d 829 · New York Court of Appeals · Jun 27, 2007

Thereafter, the People opposed the Board’s downward departure recommendation. … We agree with the Appellate Division, however, that defendant failed to preserve this contention for review, contrary to the holdings of People v Davila ( 299 AD2d 573 [3d Dept 2002]) and People v MacNeil ( 283 AD2d 835 [

Casado v. Markus

15 N.Y.3d 888 · New York Court of Appeals · Oct 26, 2010

Matter of Waldbaum's 122, Inc. v. Bd. of Assessors of the City of Mount Vernon

58 N.Y.2d 818 · New York Court of Appeals · Jan 18, 1983

issue is filed * * * an order dismissing the petition shall be entered without notice and such order shall constitute a final adjudication of all issues raised in the proceeding” [emphasis supplied]) (see Matter of King v … Carey, 57 NY2d 505 ; Gonkjur Assoc. v Abrams, 57 NY2d 853 ; Matter of Albano v *820 Kirby, 36 NY2d 526), but also the statute was a re-enactment of a previously repealed provision and was enacted “to restore the four year

Knapp v. Fasbender

1 N.Y.2d 212 · New York Court of Appeals · Apr 27, 1956

Howell v. Jessup ( 160 N. … Howell v. Jessup, 160 N. Y. 249, 262 , supra; Sammis v. Town of Huntington, 186 App. Div. 463, 467 ). We have held that the title to lands under water remains in the board of trustees.

Matter of Niagara Recycling, Inc. v. Town Bd. of the Town of Niagara

56 N.Y.2d 859 · New York Court of Appeals · Jun 10, 1982