Case law

Santoro v. Board of Trustees

217 A.D.2d 660 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1995

Thus, the Board of Trustees’ determination in reliance upon the Medical Board’s recommendation was not arbitrary or capricious (see, Matter of Manza v Malcolm, supra; Matter of Bartsch v Board of Trustees, 142 AD2d 577 ). … The Supreme Court properly upheld the Board’s determination (see, Nicolosi v Board of Trustees, 198 AD2d 282 ; Matter of Shedd v Board of Trustees, 177 AD2d 632 ). Sullivan, J.

Soros v. Board of Appeals

24 A.D.2d 705 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 1965

The petitioners’ cross motion is granted; the return date of the board’s motion is advanced from September 8, 1965, to August 11, 1965. The board’s motion for leave to appeal is denied. … Holding Corp. v. Murdock, 6 A D 2d 596, 599-600, affd. 6 N Y 2d 902; cf. Matter of Mid-Is. Hosp. v. Wyman, 15 N Y 2d 374, 379-380; cf. Matter of Hempstead Bottling Works Corp. v. Patterson, 282 App. Div. 1063 .)

McManus v. Planning Board

302 A.D.2d 985 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2003

judgment (denominated order) of Supreme Court, Erie County (Sconiers, J.), entered October 30, 2001, which, inter alia, declared null and void a negative declaration and a subdivision approval granted by respondent Planning Board

People v. Brown

199 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1993

Benjamin, 51 NY2d 267 ; People v Mills, 198 AD2d 236 ; People v Quinonez, 186 AD2d 414 ; People v Mitchell, 143 AD2d 947 ). … , 182 AD2d 835 ), is without merit (see, People v Landy, supra; People v Christian, 118 AD2d 793 ).

Quinn v. Brown

193 A.D.2d 512 · Appellate Division of the Supreme Court of the State of New York · May 20, 1993

However, it is well-established that issues of credibility, subject to exceptions not presented here, are for the administrative agency, not the courts, to determine (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 ).

Sica v. Board of Education

226 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1996

In a proceeding for leave to serve late notices of claim pursuant to General Municipal Law § 50-e (5), the Board of Education of the City of New York and Murray Brenner separately appeal, as limited by their briefs, from … City of New York, 211 AD2d 789 ; Matter of O'Mara v Town of Cortlandt, 210 AD2d 337 ; D’Anjou v New York City Health & Hosps.

Fetzer v. Town Board

289 A.D.2d 996 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2001

Matter of Colella v Board of Assessors ( 266 AD2d 286 ), which has since been reversed by the Court of Appeals (Matter of Colella v Board of Assessors, 95 NY2d 401 ). … Niagara Mohawk Power Corp., 45 NY2d 482, 488 ; Matter of Brown v Starkweather, 197 AD2d 840, 841 , lv denied 82 NY2d 653 ).

People v. Brown

198 A.D.2d 511 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1993

In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. … Its determination should be accorded great weight on appeal, and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ).

Beecher v. Brown

192 A.D.2d 495 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1993

The extraordinary remedy of prohibition was properly denied because petitioners can institute proceedings in the event of an adverse administrative determination (McGillicuddy v Monaghan, 280 App Div 144, 145 ; Matter of … Askinazi v Police Dept., 25 AD2d 429 ).

People v. Brown

194 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1993

Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Thompson, J.

People v. Brown

195 A.D.2d 1079 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Livingston County Court, Houston, J.—Burglary, 2nd Degree.) Present—Pine, J.

Brugnolotti v. Brown

192 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1993

petitioner does not establish, as a matter of law, that petitioner’s current, permanent disability is the natural and proximate result of the two line-of-duty injuries he sustained in 1979 and 1985 (see, Matter of Polak v … Board of Trustees, 188 AD2d 341 ).

People v. Brown

194 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1993

. *415 The People’s background evidence concerning street drug sales and a "buy and bust operation” was brief and limited (see, People v Gonzalez, 180 AD2d 553 , lv denied 79 NY2d 1001 ). … The difference between the People’s opening statement and their proof does not appear to stem from bad faith, and does not warrant reversal (see, People v Parker, 97 AD2d 620, 621 ).

People v. Brown

201 A.D.2d 870 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1994

Memorandum: We conclude that trial counsel’s representation of defendant, viewed in its entirety, provided him with effective assistance of counsel (see, People v Baldi, 54 NY2d 137, 146-147 ; People v Trait, 139 AD2d 937 … In any event, the court’s charge on the defense of justification was adequate (see, People v Bowick, 191 AD2d 1019 , lv denied 81 NY2d 1070 ; People v Estela, 177 AD2d 646 , lv denied 79 NY2d 856 ).

Griffin v. Brown

199 A.D.2d 58 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1993

Substantial evidence supports respondent’s finding that petitioner, while on duty, acted discourteously and disrespectfully toward a motorist and uttered an ethnic slur against him (see, Matter of Berenhaus v Ward, 70 NY2d

Corrigan v. Board of Elections

38 A.D.2d 825 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1972

Supreme Ct., supra; Matter of Mullen v. Heffernan, supra; Matter of Reich v. Bosco, supra; Matter of Southard v. McGann, supra; Matter of Carson, supra; Matter of Macy v. Clayton, supra; Matter of Quinn v. … Kehoe, supra; Matter of Hanley v. Creaser, supra; Matter of Lester v. Gruner, supra; Matter of Ingamells v. Board of Elections of Oswego County, 259 App. Div. 36 ; Matter of Van Etten v.

McGee v. Board of Education

16 A.D.2d 99 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1962

Y. 20, 23-24 ; Murphy v. Steeplechase Amusement Co., 250 N. … Y. 600 ; Maltz v. Board of Educ. of City of N. Y., 32 Misc 2d 492 , affd. 282 App. Div. 888 ; Scala v. City of New York, 200 Misc. 475, 479 ).

People v. Brown

193 A.D.2d 751 · Appellate Division of the Supreme Court of the State of New York · May 17, 1993

The defendant’s contention that the evidence was legally insufficient was not preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250 ). … Criminal facilitation is not a lesser-included offense of criminal sale of a controlled substance in the third degree (see, People v Glover, 57 NY2d 61 ).

Pauk v. Board of Trustees

111 A.D.2d 17 · Appellate Division of the Supreme Court of the State of New York · May 7, 1985

This action was dismissed as time barred (Pauk v Board of Trustees, 79 Civ 2250, SDNY, 1980, Mishler, J., affd 654 F2d 856, cert denied 455 US 1000 ). … Board of Educ., 34 NY2d 318 ; Matter of Gray v Canisius Coll., 76 AD2d 30 ; cf.

People v. Brown

190 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1993

However, by pleading guilty the defendant forfeited his right to seek reversal on this ground (see, People v Taylor, 65 NY2d 1; People v Collins, 156 AD2d 786 ). … The record is barren of the evidence necessary for a proper resolution of this issue on the merits (see, People v Carolina, 112 AD2d 244 ; People v Jones, 81 AD2d 22 ).