Case law

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.

Carter v. Town Board

50 A.D.2d 426 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1976

Bank v Board of Zoning Appeals, 281 NY 534 .) The critical issue for our determination, therefore, is whether the Town Board’s disapproval of petitioners’ subdivision plan was arbitrary or capricious. … Since the final approval was lodged in the Town Board, it was not required to set forth specific standards for denying the application. (Town of Cairo v Cairo Fair Grounds, supra, p 569.)

Gross v. Board of Education

73 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1980

Matter of Tadken v Board of Educ. ( 65 AD2d 820 , mot for lv to app den 46 NY2d 711 ) is dispositive of the current issue. … The board’s reliance on Matter of Cordani v Board of Educ. ( 66 AD2d 780 ) is misplaced since that case involved a probationary teacher and the public interest in tenure rights was not involved. Lazer, 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

Bertrand v. Board of Education

272 A.D.2d 355 · Appellate Division of the Supreme Court of the State of New York · May 8, 2000

that custody ceases because the child has passed out of the orbit of its authority in such a way that the parent is free to reassume control over the child’s protection, the school’s custodial duty also ceases (see, Pratt v … As a result, where a student is injured off school premises generally the school cannot be held liable for the breach of a duty that extends only to the boundaries of school property (see, Tarnaras v Farmingdale School Dist

Cohen v. Board of Regents

274 A.D. 952 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1948

That Gehlberd was acquitted of a misdemeanor charge based on his aforesaid conduct, as a matter of law in Court of Special Sessions, Kings County (see People v. Gehlberd, 272 App. … (Matter of Bender v. Board of Regents of Univ. of State of N. Y., 262 App. Div. 627, 631 .) Determination confirmed, without costs. Heffernan, Brewster and Foster, JJ., concur; Hill, P.

Cohen v. Board of Appeals

297 A.D.2d 38 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 2002

The Board of Appeals now appeals. … Consequently, there resulted contradictory case law and confusion among applicants as well as zoning boards of appeal (see Matter of Fulling v Palumbo, 21 NY2d 30 ; Matter of Friendly Ice Cream Corp. v Barrett, 106 AD2d 748

Brown v. Hampton Bay Fish Co.

119 A.D.3d 883 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 2014

Partners, LLC, 100 AD3d 601 [2012]; Lugo v Austin-Forest Assoc., 99 AD3d 865 , 866 [2012]; Repetto v Alblan Realty Corp., 97 AD3d 735, 737 [2012]; see also Rivera v Nelson Realty, LLC, 7 NY3d 530, 534 [2006]; Chapman v Silber … Amerata Realty and Frank Cassata (hereinafter together the Realty defendants), failed to establish, prima facie, that they were not contractually obligated to maintain the cesspool that allegedly caused the plaintiff Ronald Brown

Helmle v. Town Board

234 A.D. 858 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1931

Town Board v. Burke

159 A.D. 913 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1913

Hudson v. Town Board

15 A.D.2d 818 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1962

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

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 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 ).

Walker v. Board of Assessors

103 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1984

We also note that the Board relies upon two cases from this court, Matter of Sperry Rand Corp. v Board of Assessors (Supreme Ct, Nassau County, July 28, 1980, index No. 13757/72, affd 77 AD2d 822 ) and Board of Educ. v Town … the village has not complied with that duty” (Matter of Winter v Board of Assessors, 63 Misc 2d 451, 454 ).

Salo v. Board of Education

117 A.D.2d 922 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1986

Among the factors to be considered is whether a satisfactory explanation was given for the delay in filing a notice of claim (see, Fox v City of New York, 91 AD2d 624, 625 ; Lavoie v Town of Ellenburg, 78 AD2d 714 , lv denied … It was not mandatory for Special Term to allow a late notice of claim for petitioners’ derivative action (see, Lavoie v Town of Ellenburg, supra). Order affirmed, with costs. Main, J.

Hughes v. Board of Education

249 A.D. 158 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1936

on the recommendation of such board, by a majority vote of the board of education. * * * “ 3. … Morris v. Board of Education ( 54 Misc. 605 ; affd., 124 App. Div. 921 ), relied on by defendant, is not controlling.

Entwistle v. Brown

109 A.D.2d 865 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1985

— In two actions to recover installments due under a promissory note, the consolidated appeals are by defendants Ira Brown, Sheryl P. … Brown and Shir Restaurant Corp. (1) as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated August 15, 1983, as upon plaintiff’s motion for summary judgment in action

Board of Managers v. Lamontanero

206 A.D.2d 340 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1994

Assn. v Buvron, 110 AD2d 232 ; Brown v Johnson, 139 Misc 2d 195 ; Park Holding Co. v Lavigne, 130 Misc 2d 396 ). … Bank for Bus. v 155 E. 34 Realty Co., 158 Misc 2d 658 ; People v Board of Mgrs., 123 Misc 2d 188 ).

People v. Brown

98 A.D.2d 803 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1983

(See People v Lane, 60 NY2d 748, 751 [Meyer, J., concurring]; cf. People v Brouin, 45 NY2d 852 .) We have examined defendant’s other contentions and find them to be without merit.