Case law

Angell ex rel Brown v. Ferris

227 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · May 13, 1996

among other members of the public, (2) a phenomenon typically evading review, and (3) a showing of significant or important questions not previously passed on, i.e., substantial and novel issues (see, Matter of Hearst Corp. v … Guggenheim v Mucci, 32 NY2d 307 ; People ex rel. Maxian v Brown, 164 AD2d 56 ; People ex rel. Vancour v Scoralick, 140 AD2d 658 ). Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Moss v. Planning Board

251 A.D.2d 418 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1998

—In a proceeding pursuant to CPLR article 78 to review two determinations of the Planning Board of the Village of Montgomery, both dated June 29, 1995, which granted a special exception use permit and final site plan approval … The Supreme Court properly annulled the determinations of the Planning Board of the Village of Montgomery.

Ricker v. Board of Education

61 A.D.3d 735 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2009

v Village of Is. … Auth., 52 AD3d 447 [2008]; Portanova v Kantlis, 39 AD3d 731, 732 [2007]; *736 Mishaan v Tobias, 32 AD3d 1000 [2006]; Maxson v Brentwood Union Free School Dist., 31 AD3d 506 [2006]; Adsmond v City of Poughkeepsie, 283 AD2d

People v. Brown

167 A.D.2d 226 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1990

(People v Farrar, 52 NY2d 302, 305 .) Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. … (People v Felman, 141 AD2d 889, 890 , lv denied 72 NY2d 918 .) Concur—Ross, J. P., Rosenberger, Asch, Kassal and Wallach, JJ.

People v. Brown

167 A.D.2d 184 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1990

(People v Farrar, 52 NY2d 302, 305 .) Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. … (People v Felman, 141 AD2d 889, 890 , lv denied 72 NY2d 918 .) Concur—Ross, J. P., Rosenberger, Asch and Kassal, JJ.

Moritz v. Board of Education

60 A.D.2d 161 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1977

455 ; Matter of Monan v Board of Educ., 280 *166 App Div 14 ; Matter of Nyboe v Allen, supra). … (Matter of Reisinger v Board of Educ., 57 AD2d 868 ; cf.

Martin v. Board of Trustees

86 A.D.3d 645 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 2011

County Dept. of Social Servs., 81 AD3d 831 [2011]; Matter of Ward v Juettner, 63 AD3d 748 [2009]; Matter of Duda v Board of Educ. of Uniondale Union Free School Dist., 34 AD3d 580, 581 [2006]; Matter of Maher v Cade, 15 … Assoc v State Div. of Human Rights, 45 NY2d at 184 ; Matter of Duda v Board of Educ. of Uniondale Union Free School Dist., 34 AD3d 580 [2006]; Matter of Maher v Cade, 15 AD3d 489 [2005]; Matter of Mann v Town of Monroe, 2

Mahon v. Board of Education

68 A.D. 154 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1902

(Trustees of Exempt Firemen's Fund v. Roome, 93 N. Y. 313 ; Fox v. Mohawk & H. R. Humane Society, 165 id. 517.)

People v. Brown

168 A.D.2d 565 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1990

jury that the defendant had an obligation to call certain witnesses but failed to do so has not been preserved for our review since the defendant failed to specifically raise this objection in the trial court (see, People v … Bynum, 70 NY2d 858 ; People v Udzinski, 146 AD2d 245 ).

Miller v. Board of Education

249 A.D. 738 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1936

(Peterson v. City of New York, 267 N. Y. 204 .)

Campbell v. Brown

172 A.D.2d 378 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1991

Where, as here, the Hearing Officer has fully considered the testimony submitted and has made credibility determinations, such determinations are "unassailable” (Matter of Berenhaus v Ward, 70 NY2d 436 ). … We note that the penalty imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ). Concur— Carro, J.

Matloff v. Board of Elections

164 A.D.2d 931 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1990

Ordered that the judgment is affirmed, without costs or disbursements (see, Matter of Velez v Nieves, 164 AD2d 931 [decided herewith]). Bracken, J. P., Rubin, Harwood, Rosenblatt and Miller, JJ., concur.

Swiatkowski v. Board of Education

36 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1971

People v. Brown

169 A.D.2d 377 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 1991

Where the People’s case was based solely upon circumstantial evidence, viz., two fingerprints lifted from a bottle in the burglarized apartment that had previously contained approximately $100 in change (see, People v Walker … , 119 AD2d 521, *378 522 ), the trial court erred in refusing the defense request for a circumstantial evidence charge (People v Silva, 69 NY2d 858, 859 ).

Shildkrout v. Board of Education

173 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · May 20, 1991

The plaintiff, an employee of the defendant Board of Education of the City of New York, was injured when she slipped on spilled coffee in the hallway outside of her office. … No evidence was offered that anyone observed the coffee being spilled (cf., Huth v Allied Maintenance Corp., 143 AD2d 634 ).

Brown v. Goord

45 A.D.3d 590 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 2007

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman

Reisner v. Board of Regents

142 A.D.2d 22 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1988

Board of Regents, 109 AD2d 925 ; see, Matter of Pell v Board of Educ., 34 NY2d 222 , 232). … Board of Educ., 34 NY2d 222 , 233, supra, quoting Matter of Stolz v Board of Regents, 4 AD2d 361, 364 ).

Jaked v. Board of Education

198 A.D. 113 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1921

(Corbett v. St. Vincent’s Industrial School, 177 N. Y. 16; Wilcox v. City of Rochester, 190 id. 137 ; Maxmilian v. Mayor, 62 id. 160 ; Ackley v. Board of Education, 174 App. Div. 44 ; Donovan v. … Y. 331 ; cited and approved in Titusville Iron Co. v. City of New York, 207 id. 203, 208); Higbie v. Board of Education ( 122 App. Div. 483 ); McCarton v. City of New York (149 id. 516, 519); Katz v.

Garber v. Board of Trustees

38 A.D.3d 833 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2007

Auth., 39 NY2d 990, 992 [1976]; see Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 812 [2003], cert denied 540 US 1017 [2003]; Matter of Transactive Corp. v New York State Dept. of Social Servs., 92 NY2d 579, … claims flatly contradicted by documentary evidence are not entitled to any such consideration” (Maas v Cornell Univ., 94 NY2d 87, 91 [1999], quoting Gertler v Goodgold, 107 AD2d 481, 485 [1985], affd 66 NY2d 946 [1985] for

Vizcarrondo v. Board of Education

17 A.D.3d 144 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 2005

*145 Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 6, 2004, which, in an action by an infant and her parent against the Board of Education and City of New York for personal injuries sustained in … of plaintiffs’ discovery demands, and plausibly explained their initial noncompliance as the result of a mistaken belief that they were required to disclose only the assailants’ names and last known addresses (see Frye v