Case law

Matter of Fiore v. Bd. of Educ. Ret. Sys. of the City of New York

39 N.Y.2d 1016 · New York Court of Appeals · Jul 13, 1976

Matter of Astwood v. Cohen

291 N.Y. 484 · New York Court of Appeals · Jan 6, 1944

(Matter of Maylender v. Morrison, 260 App. Div. 892 , affd. 284 N. Y. 575 ; Matter of Steinberg v. Meisser, 291 N. Y. 685 .) … (Matter of McCabe v. Voorhis, 243 N. Y. 401, 413 .)

People, Ex Rel. v. . Pres't, Etc., Vil. Whitney's Pt.

102 N.Y. 81 · New York Court of Appeals · Mar 26, 1886

must be served on the owner or owners of such lands at least five days before such meeting, unless the owner is a non-resident of such village; that any person interested may be heard and introduce testimony before the board … of trustees as to the matter, on the day specified in the notice, or on such other days as the board may appoint; that after such hearing the trustees may deny the petition, or approve and declare, by resolution to be entered

Claim of Dickman v. City of New York

18 N.Y.2d 969 · New York Court of Appeals · Dec 29, 1966

Claim of Neacosia v. New York Power Authority

85 N.Y.2d 471 · New York Court of Appeals · Apr 27, 1995

Upon review by the Workers’ Compensation Board the award was affirmed. Respondent and its insurance carrier then appealed to the Appellate Division. … Neacosia and the Workers’ Compensation Board appeal to this Court as of right (see, CPLR 5601 [a]).

Frishman v. Schmidt

61 N.Y.2d 823 · New York Court of Appeals · Feb 16, 1984

Department of Fin., 61 NY2d 786 ; Matter of Marburg v Cole, 286 NY 202, 212 ). … Corp. v Murdock, 285 NY 298,309 ; Matter of Albert v Board of Stds. & Appeals, 89 AD2d 960, 962 ; Corter v Zoning Bd. of Appeals, 46 AD2d 184, 186 ).

Kabnick v. Chassin

89 N.Y.2d 828 · New York Court of Appeals · Nov 14, 1996

Public Health Law § 230-c (4) (b), which requires the Board to "review * * * whether or not the penalty is appropriate,” does not contain language suggesting that the Board lacks the power to remedy the situation itself when … Moreover, the provision is part of a statutory scheme that was enacted in 1991 " '[t]o improve the efficiency of the * * * disciplinary process’ ” (Matter of Wolkoff v Chassin, 89 NY2d 250, 253 [decided herewith]; see, Mem

MATTER OF FANELLI v. New York City Conciliation & Appeals Bd.

58 N.Y.2d 952 · New York Court of Appeals · Feb 23, 1983

People Ex Rel. Derby v. . Rice

129 N.Y. 461 · New York Court of Appeals · Dec 29, 1891

As long ago as the case of People v. Cook ( 8 N. … Collins, accompanying the official returns of the county board, are not such as the board of state canvassers can consider; or as should have been transmitted to the state officers.

MATTER OF GATES v. McBRIDE TRANSP., INC.

60 N.Y.2d 670 · New York Court of Appeals · Sep 27, 1983

Gates, Claimant, v. McBride Transportation, Inc., et al., Respondents. Workers' Compensation Board, Appellant. Court of Appeals of the State of New York. Decided September 27, 1983. … A finding of fact made by the Workers' Compensation Board is considered conclusive on the courts if supported by substantial evidence ( Matter of Axel v Duffy-Mott Co. , 47 N.Y.2d 1, 6 ).

People Ex Rel. Manice v. . Powell

201 N.Y. 194 · New York Court of Appeals · Mar 14, 1911

In corporate bodies the powers of the board of directors are, in a very important sense, original and undelegated.” (Hoyt v. Thompson's Executors, 19 N. Y. 207 , 216 ; Beveridge v. N. Y. E. R. R. Co., 112 N. … Bartlett v. Medical Society, 82 N. Y. 187, 196 ; People ex rel. Maloney v. Douglass, 195 N. Y. 145 .)

Johanns v. . Ficke

224 N.Y. 513 · New York Court of Appeals · Dec 3, 1918

(Caldwell v. Tutt, 78 Tenn. 258 ; Welsh v. Barnes, 5 N. D. 277 ; State v. Shevlin, 23 Mo. App. 598 ; Young v. Kimball, 23 Penn. St. 193; Walls v. Long, 2 Ind. App. 202 ; Bigelow v. Heaton, 4 Denio, 496 ; McGlasson v. … App. 387 ; Smith v. Marden, 60 N. H. 509; Holderman v. Manier, 104 Ind. 118 .) There are decisions of the contrary import. (Cardinal v. Edwards, 5 Nev. 36 ; *521 Estey v. Cooke, 12 Nev. 276 ; Marseilles Mfg. Co. v.

Corkings v. . the State

99 N.Y. 491 · New York Court of Appeals · Oct 6, 1885

this claim had at the same date recognized his liability and provided money for the payment of the claim in precisely the same way, the running of any prior time as a bar to the claim would have been defeated (De Freest v. … Y. 217 ); and the same effect must be given to the acts referred to against the State (People v. Denison, 80 N.

People Ex Rel. Nostrand v. . Wilson

119 N.Y. 515 · New York Court of Appeals · Mar 11, 1890

(People ex rel. v. Board of Apportionment, 64 N. Y. 627 .) … (People v. Assessors, 44 Barb. 148 ; People v. Olmsted, 45 id. 644; People ex rel. v. Supervisors, 4 Hill, 20 ; Barhyte v. Shepherd, 35 N. Y. 255 .)

Baker v. Marley

8 N.Y.2d 365 · New York Court of Appeals · Nov 30, 1960

The participation of the Mayor was a violation of the statute, consequently the resolutions and acts of the board were illegal (cf. Matter of Clarke v. Town of Russia, 283 N. Y. 272 ). … Therefore, the resolution and other actions of the board relating to the condemnation *368 must be declared void, even though the vote of the Mayor was not necessary, a majority being sufficient (Beebe v.

Metropolitan Life Insurance v. Union Trust Co.

283 N.Y. 33 · New York Court of Appeals · Apr 23, 1940

Plaintiff relies in good part in support of its contention on DePeyster v. Murphy ( 66 N. Y. 622 ). In view of the decisions in Real Estate Corp. v. Harper ( 174 N. Y. 123, 130 ); Doonan v. … Killilea (supra), and Mayers v. Van Schaick (supra) it must be considered that DePeyster v. Murphy (supra) has been overruled. The case of Getman v. Niferopulos ( 276 N.

People v. . the Assessors of Albany

40 N.Y. 154 · New York Court of Appeals · Mar 20, 1869

This is the statement which the respondent has made, in the return, for the purpose of exhibiting the reason that, in its judgment, justified the conclusion to which the board arrived. … (Mullins v. People, 24 N. Y., 399, 404-5 ; Smith v. City of Poughkeepsie, 37 N. Y., 511, 515-16 .)

Municipal Consultants & Publishers, Inc. v. Town of Ramapo

47 N.Y.2d 144 · New York Court of Appeals · May 1, 1979

Co. v State of New York, 233 NY 189, 194 ). … by the town board” (emphasis added).

New York City Department of Sanitation v. MacDonald

87 N.Y.2d 650 · New York Court of Appeals · Mar 26, 1996

[Troy Teachers Assn.], 69 NY2d 905, 906 , citing Matter of Sprinzen [Nomberg], 46 NY2d 623, 631 ; see also, Board of Educ. v Areman, 41 NY2d 527, 530-531 ). … Indeed, in many instances a matter may partake of both categories, requiring a balancing of the interests involved” (Matter of Levitt v Board of Collective Bargaining, 79 NY2d, at 127 , supra).

Matter of Cretella v. New York Dock Co.

289 N.Y. 254 · New York Court of Appeals · Dec 3, 1942

The Connecticut Supreme Court of Errors recently held (Sugrue v. … In New Jersey, similarly, it is held (Stroebel v. Jefferson Trucking & Rigging Co., 125 N. J.