Case law

Fiore v. Zoning Board of Appeals

21 N.Y.2d 393 · New York Court of Appeals · Feb 15, 1968

With this rule in mind in this case the Zoning Board of Appeals in essence has found ‘ ‘ that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood (Matter of Otto v. … It is axiomatic that the court will not substitute its judgment for that of the board or set it aside unless it clearly appears to be arbitrary or contrary to law. (People ex rel. Hudson-Harlem Co. v. Walker, 282 N.

Linton v. Board of Education

47 N.Y.2d 726 · New York Court of Appeals · Apr 24, 1979

; Matter of Kobylski v Board of Educ., 33 AD2d 603 ). … ., 34 NY2d 222 ; see, also, Matter of Amos v Board of Educ., supra).

Metropolitan Board of Excise v. . Barrie

34 N.Y. 657 · New York Court of Appeals · Sep 5, 1866

(Alger v. Weston, 14 Johns., 231 ; People v. Morris, 13 Wend., 329 ; State v. Holmes, 38 New Hamp., 225; Calder v. Kirby, 5 Gray, 597 ; Hun v. State, 1 Ohio, 15; Wynehamer v. … R., 504; Butler v. Pernnsylvania, 10 How., 416 ; Coates v. The Mayor, 7 Cow., 585 ; 2 Parsons on Contracts, 538; 3 id. 5th ed., 556.)

McGill v. Board of Supervisors

19 N.Y.2d 860 · New York Court of Appeals · Apr 20, 1967

Scherman v. Board of Education

37 N.Y.2d 839 · New York Court of Appeals · Oct 17, 1975

On November 29, 1972 respondent served a notice of claim on the board and subsequently instituted the present "second” action. Appellant board now advances three contentions. … As we recently held in Board of Educ. (Wager Constr.

Rosen v. Public Employment Relations Board

72 N.Y.2d 42 · New York Court of Appeals · Jun 9, 1988

Employees Assn. v Helsby, 21 NY2d 541, 546 ). … Board of Educ., 44 NY2d 336 , 342; Civil Service Law § 200).

Flacke v. Freshwater Wetlands Appeals Board

53 N.Y.2d 537 · New York Court of Appeals · Oct 20, 1981

Preliminarily, we note our continued adherence to the principles set forth in Matter of Pooler v Public Serv. … Protection Board or its director to maintain a suit.

Diocese of Rochester v. Planning Board

1 N.Y.2d 508 · New York Court of Appeals · Jul 11, 1956

Hudson-Harlem Co. v. Walker, 282 N. Y. 400 ; Matter of Levy v. Board of Standards & Appeals. 267 N. … Village of Plandome, 200 Misc. 524 ; Ellsworth v. Gercke, 62 Ariz. 198 ; O'Brien v. City of Chicago, 347 Ill. App. 45 ; Board of Zoning Appeals of Decatur v. Jehovah's Witnesses, 233 Ind. 83 , supra; Bishop of Reno v.

Beattie v. New York State Board

39 N.Y.2d 445 · New York Court of Appeals · Apr 27, 1976

Guggenheim v Mucci, 32 NY2d 307, 310 ; accord, e.g., Matter of Jones v Berman, 37 NY2d 42, 57 ; East Meadow Community Concerts Assn. v Board of Educ. of Union Free School Dist. No. 3, 18 NY2d 129, 135 ). … Allah v Warden, 47 AD2d 485, 487-488 , supra). The fact is that the parolee was in a place subject to the convenience and practical control of the Parole Board.

Pollard v. Board of Education

309 N.Y. 841 · New York Court of Appeals · Oct 20, 1955

Schultz Management v. Board of Standards

64 N.Y.2d 1057 · New York Court of Appeals · Apr 23, 1985

Golden v. Planning Board of Ramapo

30 N.Y.2d 359 · New York Court of Appeals · May 3, 1972

Finally, upon application to the Town Board, the development point requirements may be varied should the board determine that such a variance or modification is consistent with the on-going development plan. … Co. v. Thatcher, 278 N. Y. 222, 229 ; Hesse v. Rath, 249 N.

Nelson v. Board of Higher Education

288 N.Y. 649 · New York Court of Appeals · May 28, 1942

Bloom v. Jewish Board of Guardians

286 N.Y. 349 · New York Court of Appeals · Jul 29, 1941

(Murtha v. N. Y. H. M. College & Flower Hospital, 228 N. Y. 183, 186 .) Later, in Paige v. State of New York ( 269 N. … . *353 In my dissenting opinion in Paige v.

People Ex Rel. Brown v. . B'd of Apportionm't.

52 N.Y. 224 · New York Court of Appeals · Feb 11, 1873

The second section requires that the meetings of the board shall be public and upon notice, and that claims presented to the board (except for salaries and wages) shall be read by the clerk at the time of presentation, and … This she did not do; and as her request to the board was confined to an allowance of the claim as a fixed liability, thereby limiting the action of the board to a mere certification of the claim as adjusted by the prior action

Riegert Apartments Corp. v. Planning Board

57 N.Y.2d 206 · New York Court of Appeals · Oct 14, 1982

Hotel, 48 NY2d 107, 113 ; Matter of Albano v Kirby, 36 NY2d 526, 529-531 ; Matter of Smathers, 309 NY 487, 494 ). … Little Pond, in turn, cited Matter of Peckham Ind. v Ross ( 61 Misc 2d 616 , affd 34 AD2d 826 ) for its authority.

Slattery v. Board of Estimate & Apportionment

271 N.Y. 346 · New York Court of Appeals · Jul 8, 1936

Matter of Connelly v. Samaritan Hospital, 259 N. Y. 137 ; Fitzgerald v. Clarke & Son, [1908] 2 K. … (Lovejoy v. Murray, 3 Wall. [U. S.] 1; Souffront v. La Compagnie des Sucreries, 217 U. S. 475 .) The order should be affirmed, with costs.

Brown v. . Twenty-Third Street Railway Company

121 N.Y. 667 · New York Court of Appeals · May 6, 1890

WEOK Broadcasting Corp. v. Planning Board

79 N.Y.2d 373 · New York Court of Appeals · Apr 3, 1992

Board of Appeals, 30 NY2d 238, 243 ; RPM Motors v Gulotta, supra). … Board of Appeals, 30 NY2d 238, 245 , supra; Matter of Veysey v Zoning Bd. of Appeals, 154 AD2d 819 , lv denied 75 NY2d 708 ; Syracuse Bros. v Darcy, 127 AD2d 588 ).

Cohn v. Board of Supervisors

13 N.Y.2d 695 · New York Court of Appeals · May 29, 1963