Case law

Smith v. . Hedges

223 N.Y. 176 · New York Court of Appeals · Mar 26, 1918

(People v. Sutherland, supra; Wadsworth v. Board of Supervisors, Livingston Co., 217 N. Y. 484 .) The fact that the bill was not itemized is relevant but not controlling on the question of jurisdiction. … Smith v. Clarke, supra.)

Matter of Adirondack Mountain Reserve v. Bd. of Assessors of the Town of N. Hudson

64 N.Y.2d 727 · New York Court of Appeals · Dec 20, 1984

Wright v. Ransom

307 N.Y. 317 · New York Court of Appeals · Jul 14, 1954

been answered in Matter of Repper v. … In 1927, the provision was changed — concededly to provide for annexation upon the petition of either majority (see, e.g., Jarl Co. v. Village of Croton-on-Hudson, 258 N.

Atlantic Beach Property Owners' Ass'n v. Town of Hempstead

3 N.Y.2d 434 · New York Court of Appeals · Jul 3, 1957

The town board could not legally have accepted land for park purposes on condition that the board renounce powers and duties which the Legislature has conferred upon town boards in the creation, enlargement or administration … Y. 111 ; Wells v. Village of East Aurora, 236 App. Div. 474 ; Belden v. City of Niagara Falls, 230 App. Div. 601 ; Witmer v. City of Jamestown, 125 App. Div. 43 ).

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 .)

Davies v. . Mayor, Etc., City of New York

83 N.Y. 207 · New York Court of Appeals · Dec 14, 1880

(Inhabitants, etc. v. Wood, 13 Mass. 193 .) We speak of the city of New York, and also of a county, because it is not clear in the case to which the lease made by the plaintiff was given. … Our discussion shows that the case of The Farmers’ Loan & Trust Co. v. The Mayor ( 4 Bosw. 80 ) is not in point; for there, was no authority to take a lease at first, nor was a lease taken.

Blanshard v. City of New York

262 N.Y. 5 · New York Court of Appeals · May 23, 1933

(Davis v. Mayer, etc., 14 N. Y. 506 ; Milhau v. Sharp, 27 N. Y. 611 ; People v. … (Village of Stillwater v. Hudson Valley Ry. Co., 255 N. Y. 144 ; Blaschko v. Wurster, 156 N. Y. 437 .) (See, also, Norris v. Wurster, 23 App. Div. 124 ; Gusthal v. Strong, *14 23 App. Div. 315 ; and People ex rel.

Friends of Shawangunks, Inc. v. Knowlton

64 N.Y.2d 387 · New York Court of Appeals · Mar 19, 1985

Corp. v Burns, 14 Misc 2d 1037 ; Matter of Forte v Wolf, 225 NYS2d 858 ; cf. Matter of Isenbarth v Bartnett, 206 App Div 546 , affd 237 NY 617 ). … Planning Bd., 59 NY2d 385, 392; People v Graham, 55 NY2d 144, 152), but also the fact that subdivision (b) of that section makes the number of permitted dwelling units a matter of “the planning board’s judgment,” which may

MATTER OF WOLKOFF v. Chassin

89 N.Y.2d 250 · New York Court of Appeals · Nov 14, 1996

Where, however, a statute conferred power to act on several persons, all were required to be present before the statutory power could be exercised (Matter of Town of Smithtown v Howell, 31 NY2d 365, 376 ; Morris v Cashmore … , 31 NY2d at 377 , supra; accord, Morris v Cashmore, 253 App Div at 661 , supra).

Matter of New York Catholic Protectory

77 N.Y. 342 · New York Court of Appeals · May 20, 1879

Under the decisions of this court, in Chegaray v. Jenkins ( 5 N. Y., 376 ), and The Hational Bank of Chemung v. The City of Elmira (53 id., 49), the tax imposed upon the petitioners was clearly illegal. … The appellant however cites the cases of The Hudson City Savings Institution ( 5 Hun, 612 ), and In re Hermance et al. v. Board, of Supervisors of Ulster Co. ( 71 N.

In Re the Estate of Cole

219 N.Y. 435 · New York Court of Appeals · Dec 28, 1916

(Pa rker v. Cobe, 208 Mass. 260 .) So far as the decisions of this state go the case of Reid v. Brown ( 54 Misc. Rep. 481 -482) is the only one cited where the subject has been considered. … If he had desired to defeat this power of election, he should have followed the suggestion contained in Reid v.

Claim of Pelow v. Sork Enterprises, Ltd.

33 N.Y.2d 944 · New York Court of Appeals · Feb 13, 1974

Chief Judge Bbeitel and Judge Jasen dissent and vote to reverse and to reinstate the determination of the Workmen’s Compensation Board on the ground that there was substantial evidence before the board to support the determination

People Ex Rel. Ross v. Wilson

275 N.Y. 169 · New York Court of Appeals · Jul 13, 1937

Board of parole to act on violations of parole. … Mongno v. Lawes, 225 App. Div. 193 .)

MATTER OF KING v. New York State Div. of Parole

83 N.Y.2d 788 · New York Court of Appeals · Feb 22, 1994

Executive Law § 259-i [1] [a]; [2] [c]). *791 While a Parole Board need not expressly discuss each of these guidelines in its determination (see, Matter of Davis v New York State Div. of Parole, 114 AD2d 412 ; People ex rel … Herbert v New York State Bd. of Parole, 97 AD2d 128, 132 ). As the record before us indicates, that was not done here.

Heiser v. . the Mayor, Etc., of N.Y.

104 N.Y. 68 · New York Court of Appeals · Jan 18, 1887

(Maxmilian v, Mayor, etc., 62 N. Y. 160 ; Tone v. Mayor, etc., 70 id. 157.) … (Conklin v. N. Y., Ont. & West. R. R. Co., 102 E. Y. 107,109; Radcliff’s Ex’rs v. Mayor, etc., 4 id. 195; Wilson v. Mayor, etc., 1 Denio, 595 ; Lynch, v. Mayor, etc., 76 N. Y. 60 .)

Brothers v. Florence

95 N.Y.2d 290 · New York Court of Appeals · Oct 19, 2000

Board of Univ. & School Lands, 461 US 273, 286, n 23 ; United States v Morena, 245 US 392, 397 ). … [2d Cir]; Brown v Angelone, 150 F3d 370 [4th Cir]; United States v Flores, 135 F3d 1000, 1006 [5th Cir]; Burns v Morton, 134 F3d 109 [3d Cir]; Calderon v United States Dist.

Quayle v. . State of New York

192 N.Y. 47 · New York Court of Appeals · Apr 14, 1908

Such were the cases of Cole v. State of N. Y. ( 102 N. Y. 48 ); O'Hara v. State of N. Y. (112 id. 146 ) and Suprs. of Cayuga Co. v. State of N. Y. (153 id. 279). … to allow an appeal from the comptroller to the board.

People Ex Rel. Werner v. . Prendergast

206 N.Y. 405 · New York Court of Appeals · Nov 19, 1912

Bush v. Houghton ( 182 N. Y. 301 ) in the case of a member of the board of health of the city of Oswego who was to be appointed under the provisions of the Public Health Law. … Haughton v. Andrews ( 104 N. Y. 570 ) and, as well, that of People ex rel. Wood v. Draper (15 ib. 532, 539) may be, appropriately, referred to.

MATTER OF SCHULZ v. State

86 N.Y.2d 225 · New York Court of Appeals · Jun 14, 1995

of Education in contempt for proceeding with a *230 scheduled school board referendum in violation of that court’s order temporarily staying the board from conducting the referendum. … of a particular position advocated by the board” (id., at 674).

Oak Hill Country Club v. Town of Pittsford

264 N.Y. 133 · New York Court of Appeals · Apr 17, 1934

(People v. Underhill, 144 N. Y. 316 .) The part of the road which narrowed to forty feet was in front of the Qak *137 Hill Country Club. … The respondent says that this provision does not apply because the Town Board did not have jurisdiction and that such fact may be shown collaterally at any time, citing People ex rel. Erie R. R. Co. v.