Case law

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

Kopelson v. Appeals Board

120 A.D.2d 570 · Appellate Division of the Supreme Court of the State of New York · May 12, 1986

— Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Appeals Board of the New York State Department of Motor Vehicles, dated April 30, 1984, as affirmed the finding of an Administrative

Claim of Brown v. Orange County Home & Infirmary

283 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · May 17, 2001

Pursuant to 12 NYCRR 300.13 (e) (1) (iii), the Board may deny review of any issue that was not raised before the WCLJ. … In Matter of Williams v New York State Dept. of Transp. ( 277 AD2d 592 ), we recently held that this rule does not require a party to take an exception from a WCLJ’s adverse decision on a contested issue where the Board had

First Federal Savings & Loan Ass'n v. Brown

78 A.D.2d 119 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1980

Brown and Barbara Bex Brown. … ; Rosenblum v Dingfelder, 111 F2d 406).

Jacobs v. Board of Assessors

73 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1979

review case can be made only when the court finds that the assessment was increased without adequate cause or that the amount of the assessment was grossly discriminatory (Real Property Tax Law, § 722, subd 2; Grant Co. v … Srogi, 71 AD2d 457 ; Matter of Rice v Srogi, 70 AD2d 764 ).

People v. Brown

125 A.D.2d 216 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1986

(See, Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 .)

People v. Brown

133 A.D.2d 276 · Appellate Division of the Supreme Court of the State of New York · Aug 31, 1987

Counsel is granted leave to withdraw as counsel (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ). … We have considered the points raised by counsel at the defendant’s request and find those contentions to be without merit (see, People v Baldi, 54 NY2d 137 ; People v Pellegrino, 60 NY2d 636 ; People v Harris, 61 NY2d 9 )

Sherman v. Board of Regents

24 A.D.2d 315 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1966

(See Matter of Tompkins v. Board of Regents, 299 N. Y. 469 .) (2) Fraudulent or excessive statements for services rendered. (See Matter of Wassermann v. … (See Matter of Stammer v. Board of Regents, 262 App. Div. 372 , affd. 287 N. Y. 359 ; Matter of Cowles v. Board of Regents, 266 App. Div. 629 , affd. 292 N. Y. 650 .)

Borelli v. Board of Education

156 A.D.2d 903 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1989

The courts of this State have consistently held that liability for injury caused by a fight cannot be predicated upon supervisory negligence if the plaintiff voluntarily entered into the fight (Ruggerio v Board of Educ., … Clearly, "[plaintiff’s conduct, demonstrating a lack of reasonable regard for his own safety, was a direct cause of the incident resulting in his injury and, as such, defeats his right of recovery” (Ruggerio v Board of Educ

Conklin v. Town Board

53 A.D.2d 668 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1976

In a proceeding pursuant to CPLR article 78 inter alia to compel respondent to reinstate petitioners as members of the Planning Board of the Town of Warwick, petitioners appeal (by permission) from an order of the Supreme

Halliday v. Planning Board

48 A.D.2d 746 · Appellate Division of the Supreme Court of the State of New York · May 22, 1975

Glass v. Town Board

38 A.D.2d 840 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1972

Helmle v. Town Board

234 A.D. 722 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1931

Lutzker v. Board of Education

262 A.D. 881 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1941

The defendant, The Board of Education of the City of New York, for the purpose of keeping children off the streets, where they are subject to traffic hazards, permitted several of its playgrounds to be opened after school … (Hoose v. Drumm, 281 N. Y. 54 .) In any event, the risks of the game were plainly visible and were assumed by the infant plaintiff. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

Clayton v. Board of Education

49 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1975

Assuming that by virtue of the mention of charges based upon a crime in subdivision 1 of section 3020-a excessive force might be an allegation of a crime and thus a valid independent charge (Fordum v Board of Regents of State … (See Matter of Puentes v Board of Educ. of Union Free School Dist. No. 21 of Town of Bethpage, 24 NY2d 996, 998, 999.)

Rodriguez v. Board of Education

104 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1984

v Board of Educ., 96 AD2d 708 ). … J., Lazer, Gibbons and Brown, JJ., concur. .

Kelly v. Board of Education

234 A.D. 239 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1932

The power of the board of education to suspend petitioner must be found either in the Greater New York Charter or in the State Education Law. … We think that petitioner is entitled to reinstatement as of the date of the next regular meeting of the board of education after his suspension.

Collery v. Teachers' Retirement Board

267 A.D. 835 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1944

Teachers’ Retirement Board and the Medical Board of the Teachers’ Retirement System should be revoked as being null and void, and granting respondent further incidental relief. … (Matter of Blair v. McSweeny, 266 App. Div. 944 , leave to appeal denied 291 N. Y. 827 ; Matter of Eiehler v. MoElligott, 259 App. Div. 151 .)

People v. Brown

127 A.D.2d 842 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 1987

Viewing the evidence in the light most favorable to the prosecution, as we must (see, People v Benzinger, 36 NY2d 29 ), and bearing in mind that the credibility of witnesses and the weight to be accorded their testimony are … P., Brown, Rubin and Spatt, JJ., concur.

Kruysman v. Brown

122 A.D.2d 24 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1986

Brown and Eddies Taxi Corp., separately appeal from an interlocutory judgment of the Supreme Court, Nassau County (Spatt, J.), entered April 9, 1985, which, inter alia, upon a jury verdict after trial on the issue of liability … The jury’s apportionment of fault was amply supported by the record (see, Alexander v Eldred, 63 NY2d 460, 464 ; Cohen v Hallmark Cards, 45 NY2d 493, 499 ).