Case law

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

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.)

Glazer v. Board of Trustees

66 A.D.2d 759 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1978

Justice Presiding Birns grants leave nunc pro tunc to take an appeal from the order entered December 14, 1977 (CPLR 5701, subd [b], par 1; and subd [c]; Matter of Brignoni v New York State Labor Relations Bd., 65 AD2d 715 … Special Term therefore erred in remanding this matter to the board for further proceedings. Concur—Birns, J. P., Fein, Lane and Lynch, JJ.

Reynolds v. Board of Education

33 A.D. 88 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

(Maxmilian v. The Mayor, supra, 164, 165 ; Eastmam v. Meredith, 36 N. H. 284; Fisher v. Boston, 104 Mass. 87 ; Lloyd v. The Mayor, 5 N. Y. 374 ; Bailey v. The Mayor, etc., 3 Hill, 538 , et seq.; Hughes v. … Y. 49 ; Markey v. The County of Queens, 154 id. 675 ; Donovan v. The Board of Education of City of N. Y., 85 id. 117, 122; Springfield Fire & M. Insurance Company v. Village of Keeseville, 148 id. 46 ; Woodhull v.

Fogel v. Board of Education

48 A.D.2d 925 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1975

petitioner, having requested to see the Trial Examiner’s report prior to a decision by respondent, should have been given the opportunity to controvert the findings which are the subject of review (Matter of Sorrentino v

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.

People v. Brown

122 A.D.2d 219 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1986

Contrary to the defendant’s contention, the court conducted a sufficient inquiry to insure that he was aware of the consequences of his guilty pleas and that he was guilty of the crimes charged (see, People v Harris, 61 NY2d … Under the circumstances of this case, the defendant has no basis to now complain that his sentences were excessive (see, People v Kazepis, 101 AD2d 816 ). Mollen, P.

MacDougall v. Board of Elections

133 A.D.2d 198 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 1987

there is a sufficient number of valid signatures independent of those fraudulently procured (see, Matter of Flower v D'Apice, 104 AD2d 578 ; Matter of Layden v Gargiulio, 77 AD2d 933, 934 ). … ., Cuevas v Cuevas, 110 AD2d 873, 877 ).

Sullivan v. Board of Education

264 A.D. 207 · Appellate Division of the Supreme Court of the State of New York · May 25, 1942

The board is an administrative body and is performing an administrative act when it imposes discipline upon an employee. (Sharkey v. Thurston, 268 N. Y. 123, 128 ; People ex rel. Doherty v. … (Matter of Equitable Trust Co. v. Hamilton, 226 N. Y. 241, 244 ; People v. Stocking, 50 Barb. 573, 583 .)

Domes v. Board of Supervisors

230 A.D. 276 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1930

Pursuant to a mandamus order the claim of the school district for this amount was audited by the board of supervisors. But the board has disallowed the claim and refused to pay it. … The children boarded out by Erie county were all either orphans, or half-orphans whose living parents had abandoned them. Concededly none of them resided anywhere in school district No. 10 before they were boarded out.

Heslop v. Board of Education

191 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1993

School Dist., 187 AD2d 898 ; Matter of Ronkese v Board of Educ., supra). … 233, quoting Matter of Stolz v Board of Regents, 4 AD2d 361, 364 ).

People v. Brown

125 A.D.2d 482 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1986

Brown, and informed him that it would grant him "adequate time” to prepare if he needed it. … P., Brown, Weinstein and Spatt, JJ., concur.

Basmajian v. Board of Education

211 A.D. 347 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1925

The facts in the case at bar are clearly distinguishable from those in the case of Jaked v. Board of Education ( 198 App. Div. 113 ; affd., 234 N. Y. 591 ), relied upon by respondent. … (See, also, Miller v. Woodhead, 104 N. Y. 471 ; Strobel v. Liebmann , 197 id. 348 ; Walsh v. Fitchburg R. R. Co., 145 id. 301; Kane v. Erie Railroad Co., 110 App. Div. 7 ; Middleton v. Reutler , 141 id. 517 ; Albert v.

Welch v. Board of Education

272 A.D.2d 469 · Appellate Division of the Supreme Court of the State of New York · May 15, 2000

This includes those risks associated with the construction of the playing surface and any open and obvious condition on it (see, Sykes v County of Erie, 94 NY2d 912 ; Maddox v City of New York, 66 NY2d 270 ). … City of New York, supra; Colucci v Nansen Park, 226 AD2d 336 ).

BROWN, DANA, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Nov 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DANA BROWN, DEFENDANT-APPELLANT. … That valid waiver encompasses his further contention that County Court erred in refusing to suppress his statement to the police (see People v Kemp, 94 NY2d 831, 833).

Novillo v. Board of Education

17 A.D.3d 907 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2005

In reaching this determination, we note that the 30-day extension of the statutory period noted in Matter of Brown v Schuyler-Chemung-Tioga Bd. of Coop. Educ. Servs. ( 5 AD3d 939 [2004]) is inapplicable. … Relations Bd., 250 AD2d 82, 85 [1998]; Chanecka v Board of Educ.

Brown v. Monroe

120 A.D.2d 559 · Appellate Division of the Supreme Court of the State of New York · May 12, 1986

(See, Strunk v Zoltanski, 62 NY2d 572 .) Mangano, J. P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.

Brown v. City of New York

5 A.D.3d 420 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2004

Nayyar v. Board of Education

169 A.D.2d 628 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1991

At the request of the Board of Education, claimant signed an assignment form on February 27, 1989 whereby in consideration of claimant’s excused absences, the Board retained a lien in the event of a settlement or judgment … City of New York, supra; Matter of De Modna v City of New York, supra; Matter of Gerzel v City of New York, supra).