Case law

Hoffman v. Board of Education

64 A.D.2d 369 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 1978

Citing James v Board of Educ. of City of N. Y. ( 42 NY2d 357 ), defendant argues and Mr. … If the door to "educational torts” for nonfeasance is to be opened (see 29 Syracuse L Rev 147-152; Pierce v Board of Educ. of City of Chicago, 44 Ill App 3d 324; Peter W. v San Francisco Unified School Dist., 60 Cal App 3d

BROWN, ROBERT, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Jun 15, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER ROBERT BROWN, DEFENDANT-APPELLANT. FRANK H. … ROBERT BROWN, DEFENDANT-APPELLANT PRO SE. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Onondaga County Court (Anthony F.

Rasmussen v. Board of Supervisors

262 A.D. 815 · Appellate Division of the Supreme Court of the State of New York · May 27, 1941

Blood v. Board of Education

121 A.D.2d 128 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1986

Petitioner Beverly Blood has been sued for damages in an action entitled Turner v The Board of Education of the City of New York and Beverly Blood. … The Board of Education of the City of New York and Beverly Blood, without costs.

Board of Education v. Ziparo

275 A.D.2d 411 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2000

The Supreme Court properly confirmed the Hearing Officer’s determination since the petitioner did not demonstrate any basis for vacating it under CPLR 7511 (see, Education Law § 3020-a [5]; Matter of Roemer v Board of Educ … ., 268 AD2d 479 ; cf., Matter of Board of Educ. v Yusko, 269 AD2d 446 ).

Lapolla v. Board of Education

258 A.D. 781 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1939

People v. Brown

38 A.D.3d 393 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 2007

This claim requires preservation because it is a challenge to a presentencing procedure, and, if timely raised, the People could have met it by furnishing different documents (see People v Samms, 95 NY2d 52, 56-58 [2000]) … the record, including the New Jersey judgment of conviction and defendant’s concessions before the resentencing court concerning the nature of his New Jersey convictions, establishes the requisite equivalence (see People v

Flannelly v. Board of Trustees

278 A.D.2d 113 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2000

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered August 9, 1999, which granted petitioner’s application to annul respondents’ denial of an accident disability pension by virtue of a tie vote of the Board … As the IAS Court stated, the injury-causing circumstances are “strikingly similar” to those held to be accidents as a matter of law in Matter of McCambridge v McGuire ( 62 NY2d 563 ) and Matter of Gasparino v Bratton ( 92

BROWN, ANTOINE, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Feb 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER ANTOINE BROWN, DEFENDANT-APPELLANT. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. … Butler, 81 AD3d 484, lv denied 16 NY3d 893; People v Clark, 76 AD3d 916, lv denied 15 NY3d 952; People v Jurgensen, 288 AD2d 937, 938, lv denied 97 NY2d 684).

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.)

Scott v. Workers' Compensation Board

275 A.D.2d 877 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2000

Town of Queensbury, 256 AD2d 784, 785 ; Matter of Beacham v Brown, 215 AD2d 334 , lv denied 87 NY2d 801 ). … v Perales, 195 AD2d 926 , lv denied 82 NY2d 802 ).

People v. Brown

37 A.D.3d 278 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2007

v Love, 57 NY2d 998 [1982]). … v Washington, 466 US 668 [1984]).

Schuyler v. Kirk-Brown Realty Co.

193 A.D. 269 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1920

(Schuyler v. Brown Realty Co., 109 Misc. Rep. 258 .) … The following cases have established that principle: Ide v. Brown ( 178 N. Y. 26, 39 ); Wadick v. Mace (191 id. 1); Levin v. Dietz (194 id. 376); Dittenfass v. Horsley ( 177 App. Div. 143 ; affd., 224 N. Y. 560 ).

Smith v. Board op Education

221 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1995

Petitioner’s reliance on Kinsella v Board of Educ. (supra) for support is misplaced. … Respondent’s findings of misconduct including insubordination are amply supported by the evidence adduced at the hearing (see, Matter of Turco v Board of Educ., 211 AD2d 861, 863 ; Matter of Heslop v Board of Educ., 191 AD2d

Brown v. Blennerhasset Corp.

113 A.D.3d 454 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014

Consolidated Edison Co. of N.Y., 41 NY2d 564 , 569 [1977]; Levine v Macy & Co., 20 AD2d *455 761 [1st Dept 1964]; Waters v McNearney, 8 AD2d 13, 17 [3d Dept 1959], affd 8 NY2d 808 [1960]). … Further, because that claim is premised upon the very same subject matter alleged by the original complaint, Blennerhasset will not suffer any prejudice (see McGhee v Odell, 96 AD3d 449, 450-451 [1st Dept 2012]; Valdes v

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 ).

Claim of Brown v. Hillcrest Heating

182 A.D.2d 1052 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1992

The Board granted the request. … Following the Board’s affirmance of the order, this appeal ensued. We affirm.

People ex rel. Gottschalk v. Brown

207 A.D. 695 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1923

. § 827; McNichols v. Pease, 207 U. S. 100, 108 .) … (Taft v. Lord, 92 Conn. 539 .)

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 .)