Case law

Williams v. . Board of Supervisors

78 N.Y. 561 · New York Court of Appeals · Nov 11, 1879

The county court, on motion of the counsel for the board of supervisors, appointed a referee to take testimony in the matter, and upon the reference it appeared that the petitioner had made an affidavit, and had also been

Natoli v. Board of Education

303 N.Y. 646 · New York Court of Appeals · Oct 19, 1951

Miller v. Board of Assessors

91 N.Y.2d 82 · New York Court of Appeals · Dec 18, 1997

Mall v Condon, 36 NY2d 544, 549 ; cf., Matter of Sterling Estates v Board of Assessors, 66 NY2d 122, 127 , rearg denied 66 NY2d 1036 ). … of Assessors, 207 AD2d 580 ; Matter of Rotblit v Board of Assessors, supra, 121 AD2d 727 ).

Frasier v. Board of Education

71 N.Y.2d 763 · New York Court of Appeals · Jun 7, 1988

In the City of New York, the Chancellor, as the Board’s designee, may properly make the determination to discontinue a probationer (see, Matter of Brown v Board of Educ., 42 AD2d 702 Iv denied 34 NY2d 519 ). … v Board of Educ., 39 AD2d 708 ).

Lessin v. Board of Education

247 N.Y. 503 · New York Court of Appeals · Mar 27, 1928

(Herman v. Board of Education, 234 N. Y. 196 ; Wahrman v. Board of Education, 187 N. Y. 331 .) The Board of Education is a governmental agency, not a civil division, of the State. (Herman v. Board of Education, supra.) … The Board itself has in such case failed to perform a duty imposed upon it by law, and liability may be predicated upon its own wrong. (Herman v. Board of Education, supra; Jaked v. Board of Education, 198 App.

Lippman v. Board of Education

66 N.Y.2d 313 · New York Court of Appeals · Nov 26, 1985

Health insurance benefits are not within the protection of article V, section 7 of the State Constitution, and on the facts of this case there was no contract, express or implied, by respondent Board of Education not to reduce … of Binghamton, 48 NY2d 323 ; see, Majauskas v Majauskas, 61 NY2d 481 ; Brown v New York State Teachers Retirement Sys., 19 NY2d 779 , affg 25 AD2d 344 ).

Ricca v. Board of Education

47 N.Y.2d 385 · New York Court of Appeals · Jun 12, 1979

in the affirmative by our decision in Matter of Board of Educ. of City School Dist. of City of Oneida v Nyquist ( 45 NY2d 975 , revg on dissenting opn below 59 AD2d 76 ). … Board of Educ., 21 NY2d 455 ), although it may, of course, provide teachers with greater security than that mandated by statute, at least in the absence of any violation of public policy (see Matter of Schlosser v Board of

Board of Education v. Ambach

70 N.Y.2d 501 · New York Court of Appeals · Nov 19, 1987

; see also, Baker v Board of Educ., 70 NY2d 314 ). … Bar Assn. v City of New York, 64 NY2d 188 ; Abrams v Board of Educ., 91 AD2d 618 ).

Adlerstein v. Board of Education

64 N.Y.2d 90 · New York Court of Appeals · Dec 18, 1984

Board of Educ., 35 NY2d 534 ; Matter of Board of Educ. v Nyquist, 48 NY2d 97 ). … Matter of Adlerstein v Board of Educ.: Order affirmed, with costs. Matter ofRadoff v Board of Educ.: Judgment affirmed, with costs. .

Steele v. Board of Education

40 N.Y.2d 456 · New York Court of Appeals · Jul 6, 1976

A board of education may abolish teaching and staff positions, even where this requires discharging an employee tenured in that position. (Matter of Young v Board of Educ., 35 NY2d 31 .) … In Matter of Becker v Board of Educ. ( 9 NY2d 111 ), this court recognized the validity of the general concept of "tenure areas”.

Pauk v. Board of Trustees

68 N.Y.2d 702 · New York Court of Appeals · Jul 3, 1986

Matter of Schwab v Bowen, 41 NY2d 907 , 908 [damages could not be awarded because primary relief of reinstatement was no longer available to which damages would have been incidental]; but cf. also, Davidson V Capuano, 792

Coulter v. . Board of Education

63 N.Y. 365 · New York Court of Appeals · Dec 7, 1875

Palmer v. Board of Education

276 N.Y. 222 · New York Court of Appeals · Nov 23, 1937

(Matter of Carow v. Board of Education, 272 N. Y. 341, 344 .) … Indeed, in Lorenz v. Board of Education ( 264 N.

Ortelere v. Teachers' Retirement Board

25 N.Y.2d 196 · New York Court of Appeals · Jul 2, 1969

In Faber v. Sweet Style Mfg. Corp. ( 40 Misc 2d 212 ) Mr. … Y. 580 ; Schwartsberg v. Teachers’ Retirement Bd., 273 App. Div. 240 , affd. 298 N. Y. 741 ; Martin v. Teachers’ Retirement Bd., 70 N. Y. S. 2d 593).

Bush v. . Board of Supervisors

159 N.Y. 212 · New York Court of Appeals · Jun 6, 1899

(Taber v. Supervisors of Erie Co., 131 N. T. 432 ; PerJcins v. Inhabitants of Milford, 59 Maine, 315 ; Moulton v. Inhabitants of Raymond, 60 Maine, 121 ; Freeland v. Hastings, 92 Mass. 570 ; Mead v. … Inhabitants of Acton, 139 Mass. 341 ; Kelly v. Marshall, 69 Penn. St. 319 ; Ferguson v. Landram, 1 Bush [Ky.], 548.)

Board of Education v. Rogers

278 N.Y. 66 · New York Court of Appeals · May 24, 1938

(Matter of Emerson v. Buck, 230 N. Y. 380 ; Matter of Fuhrmann v. Graves, 235 N. Y 77.) In Matter of Fuhrmann v. … In Matter of Emerson v.

New York State Public Employment Relations Board v. Board of Education

39 N.Y.2d 86 · New York Court of Appeals · Mar 25, 1976

Co. v Bohlinger ( 308 NY 174 ) we held only that the Legislature could not wholly foreclose judicial review of administrative action. … In Matter of Foy v Schechter ( 1 NY2d 604 ) we permitted collateral attack on an administrative determination as to which, because of failure of performance of statutorily prescribed conditions precedent to agency action,

Aronsky v. Board of Education

75 N.Y.2d 997 · New York Court of Appeals · May 10, 1990

Board of Educ., supra, at 268). … In addition, while the evidentiary standards of "beyond a reasonable doubt” imposed in a criminal trial are not applicable in this civil context (see, Matter of Bott v Board of Educ., supra, at 268), requiring proof of the

Clark v. Board of Education

304 N.Y. 488 · New York Court of Appeals · Nov 25, 1952

final conclusion that the case should not have been submitted to the jury on the first ground, it erred in dismissing the complaint, since there was evidence to support the verdict *490 on the second ground (see Gardner v. … Inasmuch as we cannot know on which ground the jury arrived at its verdict, there must be a new trial (Phillipson v. Ninno, 233 N. Y. 223, 225-226 ; Elenkrieg v. Siebrecht, 238 N. Y. 254, 263 ).

Munice v. Board of Examiners of the Board of Education

31 N.Y.2d 683 · New York Court of Appeals · Oct 5, 1972