Case law

Scherman v. Board of Education

44 A.D.2d 831 · Appellate Division of the Supreme Court of the State of New York · May 6, 1974

In a prior action based on the same controversy we affirmed a dismissal of plaintiff’s amended complaint as against the defendant board for failure to serve a verified notice of claim (Scherman v. School *832 Dist. … Co. v. Board of Educ., South Lewis Cent. School Dist. No. 1, 33 A D 2d 862; Shalman v . Board of Educ., Cent. School Dist. No. 1, 31 A D 2d 338; Waterman v. State of New York, 19 A D 2d 264; Terrace Hotel Co. v.

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 ).

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.

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.

Levin v. Board of Education

54 A.D.2d 960 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1976

It was, consequently, error for the trial court to dismiss the complaint as a matter of law (see Rossman v La Grega, 28 NY2d 300 ; Frank v Howard Coop. Corp., 47 AD2d 920 ; Cesario v Chiapparine, 21 AD2d 272 ).

Leone v. Board of Assessors

100 A.D.3d 635 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 2012

The common issues of law and fact identified by the petitioners were sufficient to warrant their employment of a joint CPLR article 78 petition (see CPLR 1002 [a]; 602 [a]; RPTL 710; Matter of Amatulli v Board of Assessors … of County of Nassau, 78 AD2d 550 [1980]; Matter of Agosh v Town of Cicero Bd. of Assessment Review, 150 Misc 2d 756, 758 [1991]).

Marlow v. Board of Education

182 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1992

Defendants Board of Education of the Ogdensburg City School District and the Superintendent of Schools, along with defendants Lyle H. Flack Bus Lines, Ltd. and Gail G. … Whitmore, 172 AD2d 600, 602 ; see, Edney v Metropolitan Suburban Bus Auth., 178 AD2d 398 ; Benyarko v Avis Rent A Car Sys., 162 AD2d 572, 573 ).

Matter of Richardson v. Brown

2019 NY Slip Op 4703 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2019

Matter of Richardson v Brown ( 2019 NY Slip Op 04703 ) Matter of Richardson v Brown 2019 NY Slip Op 04703 Decided on June 12, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant … O-25355-16) [*1]In the Matter of Adrienne Richardson, appellant, v Everly Brown, respondent. David Laniado, Cedarhurst, NY, for appellant. Joshua R. Katz, Kew Gardens, NY, for respondent.

Farrell v. Board of Zoning

77 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1980

of *877 Zulkofske v Board of Zoning Appeals of Inc. … Corp. v Linden, 30 NY2d 160 ).

Morris v. Brown

115 A.D.2d 338 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1985

—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with same memorandum as in Morris v Cooper ([Appeal No. 1], 115 AD2d 337 ).

Cole v. Board of Education

90 A.D.2d 419 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1982

Board of Educ. v Nyquist, 57 NY2d 27, 39 ). … Matter of Moritz v Board of Educ., supra).

Brown v. Coughlin

115 A.D.2d 102 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1985

Application denied (see, Matter of King v Gregorie, 90 AD2d 922 , lv dismissed 58 NY2d 822 ). Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

People v. Brown

39 A.D.3d 266 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2007

There is no basis for disturbing the jury’s determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]).

Roe v. Board of Trustees

65 A.D.3d 1211 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2009

Town Bd. of Town of Davenport, 36 AD3d 1110, 1111 [2007]; Matter of Catanise v Town of Fayette, 148 AD2d 210 [1989]). … branches of government (see Matter of Kelch v Town Bd. of Town of Davenport, 36 AD3d at 1111 ; Matter of Catanise v Town of Fayette, 148 AD2d at 211 ; see also Larabee v Governor of State of N.Y., 65 AD3d 74 [2009]).

People v. Brown

114 A.D.2d 508 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1985

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, J.

People v. Brown

114 A.D.2d 320 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1985

(People v Morse, 62 NY2d 205, 222-225 ; People v Santana, 107 AD2d 613 .) Accordingly, we vacate the sentence and remand for resentencing of the defendant as a second violent felony offender. Concur—Sandler, J.

People v. Brown

121 A.D.2d 393 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1986

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 ). Mollen, P.

People v. Brown

111 A.D.2d 178 · Appellate Division of the Supreme Court of the State of New York · May 6, 1985

People v Poplis, 30 NY2d 85 ). … Moreover, we perceive no basis to overturn the determination that the defendant’s statements were voluntarily made and were not obtained in violation of any of his constitutional rights (People v Armstead, 98 AD2d 726 ).

Franz v. Board of Education

112 A.D.2d 934 · Appellate Division of the Supreme Court of the State of New York · Aug 5, 1985

Booth, 305 NY 426 ; Chesney v Board of Educ., 5 NY2d 1007, affg 2 AD2d 761 ; Parochial Bus Sys. v Board of Educ., 60 NY2d 539 ; Byrne v State of New York, 104 AD2d 782 ). … P., Bracken, Brown and Lawrence, JJ., concur.

People v. Brown

102 A.D.2d 736 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1984

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