Case law

McDonald v. Brown

109 A.D.2d 736 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1985

Brown. … injury, defendant Brown’s motion for summary judgment should have been granted (De Filippo v White, supra; Lopez v Senatore, supra).

Brown v. D'Apice

112 A.D.2d 1073 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1985

Judgments affirmed, without costs or disbursements (see, *1074 Matter of Buhlmann v Le Fever, 83 AD2d 895 , affd 54 NY2d 775 ). Brown, J. P., O’Connor, Weinstein, Kunzeman and Kooper, JJ., concur.

Bader v. Board of Education

216 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1995

The phrase "claim accrued” is not the same as "cause of action accrued” (see, Scherman v Board of Educ., 44 AD2d 831, 832 , affd 37 NY2d 839 ). … Corp.], 210 AD2d 854 ; Scherman v Board of Educ., supra; McKay Constr. Corp. v Board of Educ., 33 AD2d 862 ). Here, the claim was not mature until petitioner received notice of suspension on December 23, 1993.

Cunney v. Board of Trustees

72 A.D.3d 960 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2010

Vil. of Lawrence, 21 & AD2d 491, 492 [2000]; Matter of Cipriano v Board of Zoning Appeals of City of Glen Cove, 203 AD2d 362 [1994]). … Whalen, 46 NY2d 734, 735 [1978]; Matter of Wilson v Board of Educ.

Katterschinsky v. Board of Education

215 A.D. 695 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1925

The doctrine of respondeat superior does not apply to the board of education in the discharge of its governmental functions. (Herman v. Board of Education, 234 N. Y. 196 ; Johnson v. Board of Education, 210 App. … The charge here is not that the board of education, as such, was negligent, but that the negligent act was that of the teachers in charge of the athletic exercises that were being conducted in the court yard of the school

People v. Brown

107 A.D.2d 841 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 1985

Defendant was given an ample opportunity to present his contentions, but he made no factual statements which raised any doubt as to his guilt or suggested that he was unaware of his rights (see People v Nixon, 21 NY2d 338 … Robinson v New York, 393 US 1067 ; People v Manns, 66 AD2d 957 ). The colloquy in the court proceeding in which defendant pleaded guilty required eight pages of transcript to record.

Jannaccio v. Board of Elections

297 A.D.2d 355 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2002

Such a validating petition must specify the individual determinations by the Board of Elections (hereinafter the Board) that the candidate claims were erroneous, or the signatures that the candidate claims the Board improperly … invalidated (see Matter of Krueger v Richards, 59 NY2d 680, 682 ; Matter of Green v Mahr, 231 AD2d 480 ).

Clough v. Board of Education

56 A.D.2d 233 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1977

Co., 109 NY 95, 97 ; see, also, Georgetti v 29 Holding Corp., 31 NYS2d 998 , 1000; Natoli v Board of Educ. of City of Norwich, 101 NYS2d 128 ). … Corp. v Board of Elections, 2 NY2d 413; Rizzo v Steiner, 36 Misc 2d 701, 704 ). Although Valstrey and Rizzo dealt with third-party practice, their rationale is equally applicable to the issue of permissive joinder.

Lombino v. Town Board

206 A.D.2d 462 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1994

Thus, the Town Board properly declared the office of Assessor vacant. In addition, the Supreme Court incorrectly granted the cross motion to disqualify the defendants’ attorney.

Tauber v. Planning Board

55 A.D.2d 620 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1976

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Warwick, dated March 4, 1975, and made after a hearing, which denied petitioner’s application for final … approval of a certain subdivision plan and to compel the board to grant such approval, petitioner appeals from a judgment of the Supreme Court, Orange County, entered February 13, 1976, which dismissed the proceeding.

Auser v. Town Board

164 A.D. 955 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1914

Lorish v. Town Board

240 A.D. 946 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1933

Our determination was simply a review of what was before the town board and we have no other jurisdiction in the matter. Present — Sears, P. J., Taylor, Thompson and Crosby, JJ.

Zuckerman v. Town Board

5 A.D.2d 678 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1957

People v. Brown

39 A.D.3d 660 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2007

. *661 In light of our determination in People v Brown ( 39 AD3d 659 [2007] [decided herewith]), reinstating the defendant’s conviction upon his plea of guilty, the defendant’s motion to dismiss the indictment pursuant to

Sauer v. Board of Assessors

194 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1993

On February 5, 1990, the petitioners filed a grievance application with the appellants, the Board of *543 Assessors and the Board of Assessment Review of the Village of Lynbrook to reduce their assessment from $45,200 to … Those procedures were enacted to afford "speedy and inexpen *544 sive relief’ to all wrongfully assessed homeowners (see, Matter of Town of New Castle v Kaufmann, 72 NY2d 684, 686 ).

People v. Brown

110 A.D.2d 651 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1985

The defendant did not assert his objections to the adequacy of the plea allocutions in the court of first instance and therefore failed, as a matter of law, to preserve his claim for appellate review (see, People v Pellegrino … , 60 NY2d 636 ; People v Warren, 47 NY2d 740 ; People v Santiago, 100 AD2d 857 ).

People v. Brown

111 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1985

Counsel’s application 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 ex rel. Brown v. Lamy

224 A.D.2d 774 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1996

Colella v. Board of Assessors

266 A.D.2d 286 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1999

Brookhaven, 69 AD2d 579 , mod on other grounds 52 NY2d 794 ; Matter of Dubbs v Board of Assessment Review, 46 AD2d 651 ). … NY 744 ; Jewish Mental Health Socy. v Village of Hastingson-Hudson, 255 App Div 77 , affd 279 NY 764 ).

Parris v. Board of Education

48 A.D.2d 835 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1975

confronted by witnesses, to call witnesses and to introduce any relevant evidence’ ” (see Matter of Brown v Board of Educ. of City of N. … v Board of Educ. of City of N.