Case law

People v. Brown

49 A.D.3d 548 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2008

Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Bertman v. Board of Managers

233 A.D.2d 283 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1996

Corp., 184 AD2d 556, 557 ; see also, Boyko v Limowski, 223 AD2d 962 ; Marcellus v Littauer Hosp. Assn., 145 AD2d 680 ). … Barterama Corp., 218 AD2d 643 ; Kennerly v Campbell Chain Co., 133 AD2d 669 ; Frierson v Concourse Plaza Assocs., 189 AD2d 609 ).

Welch v. Board of Education

287 A.D.2d 761 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 2001

of Scuteri v Watkins Glen Cent. … of Krohn v Berne-Knox *763 Westerlo Cent.

People v. Brown

187 A.D.2d 762 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1992

Consequently, the judgment should be affirmed and defense counsel’s application for leave to withdraw granted (see, Anders v California, 386 US 738 ; People v Creeden, 150 AD2d 887 ). Yesawich Jr., J.

People v. Brown

181 A.D.2d 1073 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1992

Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Wayne County *1074 Court, Parenti, J. — Criminally Negligent Homicide.) Present— Callahan, J.

Chavich v. Board of Examiners of Board of Education

23 A.D.2d 57 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 1965

The regulations of the appellant Board of Examiners of the Board of Education of the City of New York require at least 20/30 vision in one eye, with or without glasses. … What is required is a certification by the New York City Superintendent of Schools (Education Law, §§ 3008, 2566, subd. 7) after examination conducted by the Board of Examiners of the Board of Education (Education Law, §

Brown v. Surles

194 A.D.2d 387 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 1993

(See, Clark v Commissioner, *388 N. Y. State of Dept. of Social Servs., 53 AD2d 122 , affd 42 NY2d 1054 .) Concur—Rosenberger, J. P., Wallach, Ross, Kassal and Nardelli, JJ.

Norfolk Southern Railway Co. v. Brown

20 A.D.3d 791 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 2005

Even if it were, it would be for the Legislature to correct, not “[t]he courts [which] can only follow the clear and unequivocal language of the statute” (Matter of Cheng San Chen v Toia, 67 AD2d 1085 , 1086 [1979], affd … Court erred by deferring to the administrative agency’s interpretation of the statute, our own reading of its unambiguous provisions indicates that the challenged determination must be upheld (see Lorillard Tobacco Co. v

People v. Brown

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

Gentilella v. Board of Education

60 A.D.3d 629 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 2009

Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). … Therefore, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint and, upon reargument, properly adhered to that determination (see Haggerty v Quast, 48 AD3d 629 [2008]).

Worthington v. Planning Board

131 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1987

The section also states that before establishing an open development area the matter shall be referred by the town board to the planning board for its advice. … area, as well as the authority of the Planning Board to approve or disapprove subdivision plats (see, SRW Assocs. v Town Bd., 121 AD2d 713 ; 1979 Opns Atty Gen 147-148).

Farrukh v. Board of Education

227 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · May 13, 1996

Board of Educ., 300 NY 306 ; Ceglia v Portledge School, 187 AD2d 550 ). … Proper supervision depends largely on the circumstances attending the event (see, Ohman v Board of Educ., supra, at 309).

People v. Brown

181 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1992

plea pursuant to CPL article 440, and we decline to review in the interest of justice where defendant’s plea of guilty to a violation of probation was made through his attorney in open court and in his presence (People v

Murphy v. Board of Education

104 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1984

In a proceeding pursuant to CPLR article 78, inter alia, to compel the Board of Education of North Bellmore Union Free School District, to “recall” petitioner to a teaching position, the Board of Education appeals from a

Hasselbusch v. Brown

178 A.D.2d 371 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1991

(Matter of Liszka v Ward, 170 AD2d 412 .) The fact that petitioner had a history of depression or other mental difficulties does not undermine the validity of the order to submit to drug testing. … (Matter of Baldini v Ward, 157 AD2d 627, 627-628 .) We have considered petitioner’s remaining arguments and find them to be without merit. Concur—Murphy, P. J., Carro, Wallach and Asch, JJ.

Reeder v. Board of Education

265 A.D. 158 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 1942

(See, also, Derlicka v. Leo, 259 App. Div. 607 ; affd., 284 N. Y. 711 .) In Lee v. Board of Education of City of New York ( 263 App. … (Massimilian v. Board of Education, etc., Niagara Falls, 261 App. Div. 428, 431 .)

Ruiz v. Brown

179 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1992

(Matter of Berenhaus v Ward, 70 NY2d 436, 443 .) Respondent’s determination was supported by substantial evidence and was rationally based. (Matter of Pell v Board of Educ., 34 NY2d 222 , 230.) Concur — Sullivan, J.

Daley v. Board of Estimate

267 A.D. 592 · Appellate Division of the Supreme Court of the State of New York · May 1, 1944

Board of Estimate of City of N. Y. ( 257 App. Div. 839 , affd. 281 N. Y. 835 ); Matter of Nilsson v. LaGuardia ( 259 App. Div. 145 ); Matter of Eichler v. McElligott ( 259 App. Div. 151 , affd. 283 N. … (McGrail v. Equitable Life Assur. Soc., 292 N. Y. 419 ; Matter of Altschuler v. Bressler, 289 N. Y. 463 ; Matter of McCormack v. Wood Harmon Warranty Corp., 288 N. Y. 614 ; Matter of Bacher v.

Brown-Phifer v. Cross County Mall Multiplex

282 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2001

Gimbel Bros., 262 NY 107 ; Bonilla v Starrett City, 270 AD2d 377 ; Patrick v Cho’s Fruit & Vegetables, 248 AD2d 692 ; Kuchman v Olympia & York, 238 AD2d 381 ). … The appellants established their entitlement to summary judgment by showing that there was no evidence of a defective condition which caused the plaintiff to fall (see, Robinson v Lupo, 261 AD2d 525 ; Kuchman v Olympia &

McAulay v. Board of Education

61 A.D.2d 1048 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1978

However, the real problem here, considering the administrative process set up in the appellant board’s by-laws, is the absence of any obligation upon the Chancellor to explain his decisions. … Grumman Aircraft, 421 US 168 ; National Labor Relations Bd. v Sears, Roebuck & Co., 421 US 132 ).