Case law

Smith v. . State of New York

214 N.Y. 140 · New York Court of Appeals · Feb 5, 1915

(Smith v. Geiger, 202 N. Y. 306 .) We think the same rule is applicable to the decisions of the Board of Claims. Property rights of great value may be affected by its judgments. … The board is not in the strict sense a court (People ex rel. Swift v. Luce, 204 N.

Matter of Rushford v. Laguardia

280 N.Y. 217 · New York Court of Appeals · Apr 11, 1939

Whitmore v. Mayor, supra; People ex rel. Bacon v. Board of Supervisors, 105 N. Y. 180 .) … The regulations respecting the filling of vacancies were put into the budget by that Board. These, we think, were a reasonable method for exercise of its salary-fixing power. (See People ex rel. Plancon v.

MATTER OF CLAYTON v. Clement

33 N.Y.2d 386 · New York Court of Appeals · Feb 20, 1974

Generally, it is up to the Legislature not the court to fix jurisdictional guidelines determining when a statute or amendment to a statute should become applicable (Simonson v. … In this respect, the case at bar is similar to the case of Matter of Berkovitz v. Arbib & Houlber ( 230 N.

Bressler v. Bd. of Higher Education of City of N.Y.

298 N.Y. 112 · New York Court of Appeals · Jul 16, 1948

(See, e.g., Matter of Kearns v. Board of Education, supra; Wood v. City of New York, 274 N. Y. 155 .) That such considerations underlay decision in the Kearns case is clear. … (See Matter of Carow v. Board of Education, 272 N. Y. 341, 344 .)

LaCorte v. County of Rensselaer

80 N.Y.2d 232 · New York Court of Appeals · Oct 22, 1992

, quoting Meyer v Nebraska, 262 US 390, 399 ). … , at 573, quoting Wisconsin v Constantineau, 400 US 433, 437 ; see also, Paul v Davis, 424 US 693, 701 , reh denied 425 US 985 ; Old Dominion Dairy Prods, v Secretary of Defense, 631 F2d 953, 963 [DC Cir]).

People of the State of New York v. Rivera

96 N.Y.2d 749 · New York Court of Appeals · Feb 20, 2001

By seeking to elicit that the officer had handcuffed both men, defendant created a material gap in the narrative that the People were entitled to explain (see, People v Brown, 160 AD2d 440, 441-442 , affd 78 NY2d 874 ; cf … Brown, supra, 160 AD2d, at 442 ).

Smith v. Mahoney

60 N.Y.2d 596 · New York Court of Appeals · Aug 30, 1983

This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 NY2d 772, 773-774 ). … Petitioner’s failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections.

Kearney v. . Coleman

185 N.Y. 612 · New York Court of Appeals · Jun 21, 1906

People Ex Rel. Village of Brockport v. Sutphin

166 N.Y. 163 · New York Court of Appeals · Mar 8, 1901

Jonas v. Board of Town Auditors, 49 App. Div. 4 ; People ex rel. Cochran v. Board of Town Auditors, 74 Hun, 83 .) It was considered in People ex rel. Andrus v. Board of Town Atiditors ( 33 App. … City of Rochester v. Briggs, 50 N. Y. 553 ; N euendorff v. Duryea, 69 N. Y. 557 . See, also, Wrought Iron Bridge Co. v. Town of Attica, 119 N. Y. 204 ; Van Brunt v. Town of Flatbush, 128 N. Y. 50 ; Sweet v.

Matter of Stallone v. Breweries

10 N.Y.2d 907 · New York Court of Appeals · Nov 16, 1961

Order affirmed upon the memorandum in the Appellate Division, with costs to respondent Workmen’s Compensation Board. No opinion. Concur: Chief Judge Desmond and Judges Dye, Burke and Foster. … Judges Fuld, Froessel and Van Voorhis dissent and vote to reverse and to remit the matter to the Workmen’s Compensation Board in the following memorandum: The result achieved by this affirmance is so unreasonable, the amount

De Mayo v. Rensselaer Polytech Institute

74 N.Y.2d 459 · New York Court of Appeals · Nov 21, 1989

As a preliminary matter, we would note that the Appellate Division need not have accorded deference to the construction of the Workers’ Compensation Law adopted by the Board in this matter (see, Matter of Thomas v Bethlehem … For that reason, "there is little basis to rely on any special competence or expertise” of the Board and, accordingly, no need to defer to its findings (Kurcsics v Merchants Mut. Ins. Co., supra, at 459).

Douglaston Civic Ass'n v. Galvin

36 N.Y.2d 1 · New York Court of Appeals · Dec 20, 1974

Board of Zoning Appeals, 13 A D 2d 1030; Matter of Feldman v. Nassau Shores Estate, *6 12 Misc 2d 607 , affd. 7 A D 2d 757; Matter of Vitolo v. Chave, 63 Misc 2d 971 ; Matter of Miller v. … Thomson v. Board of Supervisors of County of Schenectady, 35 Barb. 408, 418 ; see, also, Matter of 200 West 79th St. Co. v. Galvin, 71 Misc 2d 190 .)

Clark v. . Cammann

160 N.Y. 315 · New York Court of Appeals · Oct 3, 1899

Y. 243 ), and McGillis v. McGillis (154 *328 N. … (Hoes v. Van Hoesen, 1 Barb. Ch. 379 ; Matter of Kane, 2 Barb. Ch. 375 ; Greenland v. Waddell, 116 N. Y. 234, 245 .)

In re Charles A. Field Delivery Service, Inc.

66 N.Y.2d 516 · New York Court of Appeals · Dec 19, 1985

Co. v Public Serv. … the Board, as supported by substantial evidence.

MATTER OF CMTY. SYNAGOGUE v. Bates

1 N.Y.2d 445 · New York Court of Appeals · Jul 11, 1956

has been illegally oppressed (Matter of Reed v. … of Small v.

In Re Haebler v. . N.Y. Produce Exchange

149 N.Y. 414 · New York Court of Appeals · May 26, 1896

(People ex rel. v. Cromwell, 102 N. Y. 477 ; People v. R., W. & O. R. R. Co., 103 N. Y. 95; People ex rel. v. Brush, 146 N. Y. 60 ; People ex rel. v. Mayor, etc., 149 N. Y. 215 .) … Y. 222 ; Belton v. Hatch, 109 N. Y. 593 ; O'Brien v. Grant, 146 N. Y. 163, 173 .)

Magnotta v. Gerlach

301 N.Y. 143 · New York Court of Appeals · Jul 11, 1950

(Mayor of City of New York v. Sands, 105 N. Y. 210, 218 ; Brownell v. Town of Greenwich, 114 N. Y. 518 .) … (See Mayor of City of New York v. Sands, supra; Brownell v. Town of Greenwich, supra.)

Sterling Industries, Inc. v. Ball Bearing Pen Corp.

298 N.Y. 483 · New York Court of Appeals · Mar 3, 1949

(See, Koral v. Savory, Inc., 276 N. Y. 215, 217 ; United Copper Securities Co. v. Amalgamated Copper Co., 244 U. S. 261, 263 ; Twyeffort v. Unexcelled Mfg. Co., 263 N. Y. 6 ; Potter v. … Y. 174 ; Benintendi v. Kenton Hotel, Inc., 294 N. Y. 112 ; McQuade v. Stoneham, 263 N. Y. 323; Manson v. Curtis, 223 N. Y. 313 .)

Claim of Hastings v. Fairport Central School District

95 N.Y.2d 926 · New York Court of Appeals · Nov 28, 2000

Sortino v. Chiavaroli

42 N.Y.2d 982 · New York Court of Appeals · Aug 31, 1977