Case law

Walters v. . City of New York

190 N.Y. 375 · New York Court of Appeals · Dec 20, 1907

Callahan v. Board of Education of N. Y., 174 N. Y. 169, 176 .) … result only on the *382 ground that the mere reduction in salary was not a removal of the plaintiff from office, because he was left in his place and continued to perform the duties thereof, the same as before. ( Walters v.

Bergerman v. Lindsay

25 N.Y.2d 405 · New York Court of Appeals · Dec 3, 1969

Board of Supervisors, of Westchester County, 25 N Y 2d 817; Abate v. Mundt, 25 N Y 2d 309 ; Iannucci v. Board of Supervisors, 20 N Y 2d 244; Saratogian, Inc. v. Board of Supervisors, 20 N Y 2d 244; Seaman v. … This was made manifest by the court in two 1967 cases: Sailors v. Board of Educ. ( 387 U. S. 105 ) which involved a special Michigan method of choosing school boards, and in Dusch v. Davis ( 387 U.

People v. Mills

11 N.Y.3d 527 · New York Court of Appeals · Dec 17, 2008

At the time of his application in May 2006, defendant had been denied parole release and was scheduled to appear before the parole board again in April 2008” (People v Mills, 48 AD3d 1108 [4th Dept 2008] [internal quotation … Parris, 35 AD3d 891, 892 [2d Dept 2006]; People v Thomas, 35 AD3d 895, 896 [3d Dept 2006]; People v Smith, 45 AD3d 1478 [4th Dept 2007]).

Greene v. Mayor

15 N.Y. 303 · New York Court of Appeals · Mar 30, 1875

In the case of The People v. … By section 4, of that act the Croton aqueduct board thereby created was vested with the powers conferred upon the former Croton aqueduct board, by the amended charter of 1849 (Laws of 1849, chap. 383, § 15), viz., to have

In Re the Appraisal Under the Transfer Tax Act of the Estate of Hoople

179 N.Y. 308 · New York Court of Appeals · Oct 28, 1904

Y. 272 ; Lewis v. State of N. Y., 96 id. 71; Locke v. State of N. Y., 140 id. 480; Smith v. Reeves, 178 U. S. 436 ; Flagg v. … In that case the claim was presented after the state board of audit had been abolished and the state board of claims had been created.

Prudco Realty Corp. v. Palermo

60 N.Y.2d 656 · New York Court of Appeals · Sep 20, 1983

Petitioner commenced this article 78 proceeding to review a determination of the zoning board of appeals (Board) that granted an application of the intervenorrespondent-appellant, S. F. … In light of this, it is clear that the Board’s decision was not based on substantial evidence. (See 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 .)

People v. WRIGHT (EDWARD)

41 N.Y.2d 118 · New York Court of Appeals · Dec 22, 1976

41 N.Y.2d 118 (1976) The People of the State of New York, Respondent, v. Edward Wright, Appellant. Court of Appeals of the State of New York. Argued September 17, 1976. Decided December 22, 1976. Michael L. … A third witness, Rivera, was the only witness who identified defendant facially as the man in the brown coat.

Baldwin v. City of Buffalo

6 N.Y.2d 168 · New York Court of Appeals · Jun 25, 1959

(Easton v. Pickersgill, 55 N. Y. 310, 315 ; City of New York v. New York City *174 Ry. co., 193 N. Y. 543 ; Bareham v. City of Rochester, 246 N. … It must be conceded that, for some purposes, a member of a County Board of Supervisors elected from a city is a city officer. (See Lane v. Johnson, 283 N. Y. 244 ; People ex rel. Clancy v. Board of Supervisors, 139 N.

Panio v. Sunderland

4 N.Y.3d 123 · New York Court of Appeals · Feb 2, 2005

Such mishandling also plainly reflects ministerial error on the part of Board employees. … Bd. of Elections, 180 AD2d 962, 963-964 [3d Dept 1992]; Matter of Marraccini v Balancia, 182 AD2d 628, 630 [2d Dept 1992]).

Phillips v. Dennison

9 N.Y.3d 956 · New York Court of Appeals · Oct 23, 2007

Valeria Home, Inc. v. Cook

22 N.Y.2d 388 · New York Court of Appeals · Jul 1, 1968

and the Board of Assessors of the Town of Cortlandt, is that the petitioner is operating the home in a manner which is contrary to the clearly expressed intention of its benefactor, that, although the operation of the home … In the instant case not only does the concession obviate the necessity for any discussion of the problem (see Matter of Leonescu v. Star Liq. Dealers, 20 N Y 2d 956, 958; Radosh v.

Claim of Werenjchik v. Ulen Contracting Corp.

255 N.Y. 56 · New York Court of Appeals · Nov 18, 1930

The Board had full power to vacate the original award to the children, and later to vacate the award to the State Treasurer. (Matter of Schaefer v. Buffalo Steel Car Co., 250 N. Y. 507 .) … (Matter of Perino v. Lackawanna Steel Co., 241 N. Y. 312 .)

Claim of Buxbaum v. Cumberland Provision Co.

12 N.Y.2d 670 · New York Court of Appeals · Sep 27, 1962

People Ex Rel. Cotte v. . Gilbert

226 N.Y. 103 · New York Court of Appeals · Mar 21, 1919

(Matter of Seeley v. Stevens, 190 N. Y. 158 ; Matter of Sugden v. Partridge, 174 N. Y. 87 ; People v. Petrea, 92 N. Y. 128 .) … Clancy v. Board of Supervisors, Westchester Co. ( 139 N. Y. 524 ). The decision in that case is not in conflict with the view here expressed.

Matter of Norman v. the Bd. of Educ., N.Y.

203 N.Y. 548 · New York Court of Appeals · Oct 10, 1911

Order affirmed for the reason that even if subdivision 12 of section 67 of the by-laws of the board of education of the city of New York should be held unreasonable, and said board should have passed upon the relator’s nomination … board of education and while a vacancy existed to which said board could have appointed the relator.

N.Y. N.H.R.R. Co. v. . Schuyler

34 N.Y. 30 · New York Court of Appeals · Jun 5, 1865

J., and BROWN, J., delivered opinions, both agreeing with SELDEN, J., in approving the decision of the Supreme Court. "I am clearly of opinion," said DENIO, Ch. J., "that the case of The North River Bank v. … J., WRIGHT, POTTER, and BROWN, JJ., concurred with DAVIS, J. Judgment affirmed. *Page 92

Matter of Stewart

155 N.Y. 545 · New York Court of Appeals · Apr 19, 1898

Wooster v. Maher, 141 N. Y. 330, 336 .) In each of these proceedings the facts and the question of law are identical. … Hirsh v. Wood ( 148 N. Y. 147 ), “ The object of elections is to ascertain the popular will and not to thwart it. The object of election laws is to secure the rights of duly qualified electors, and not to defeat them.

Bourquin v. Cuomo

85 N.Y.2d 781 · New York Court of Appeals · Jun 13, 1995

The Board was required to reimburse the agencies for any increase in postage attributable to its enclosures. … contracts]; Rapp v Carey, 44 NY2d 157 [financial disclosure requirements for State employees]; Under 21, Catholic Home Bur. for Dependent Children v City of New York, 65 NY2d 344 [order prohibiting employment discrimination

Acer v. . Westcott

46 N.Y. 384 · New York Court of Appeals · Nov 10, 1871

Was the recital in the deed from William Brown to Ourtis, notice to the defendant of the equitable rights of the plaintiff in the premises conveyed ? … (Williamson v. Brown, 15 N. Y., 354 .) It may well be that the defendant in this case used such diligence. I do not propose to discuss it. The case was not disposed of upon that ground.

Delaney v. Philhern Realty Holding Corp.

280 N.Y. 461 · New York Court of Appeals · Jun 2, 1939

(McFarlane v. … Here, too, the general contractor knew that the subcontractor had laid the pipe and boards on the sidewalk. (Rosenberg v. Schwartz, 260 N. Y. 162, 166 .)