Case law

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]).

Rivera v. Board of Education

11 A.D.2d 7 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1960

(Runkel v. City of New York, 282 App. Div. 173, 175 .) … Ohman v. Board of Educ. of the City of N. Y., 300 N. Y. 306 ).

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

Bell v. Board of Education

230 A.D.2d 610 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 1996

Following trial, a jury found plaintiff 25% liable and the Board 75% liable for plaintiffs injuries, and assessed total damages of $3 million. The Board appealed. We reverse. … Even assuming such a failure, the unforeseeable criminal conduct of Gibson and Stall-worth constituted a superseding tortious act that absolved the Board of any culpability for plaintiffs injuries (Mirand v City of New York

Greenberg v. Board of Regents

176 A.D.2d 1168 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1991

Notably, the initial burden was on petitioner to submit evidence such as would "compel” the exercise of discretion in his favor (see, Matter of Jablon v Board of Regents, 271 App Div 369 , 373, affd 296 NY 1027 ), and that … discretion reposes in respondent and not in the courts (supra; see, Matter of Nisnewitz v Board of Regents, 95 AD2d 950, 951 ).

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

People ex rel. Brown v. Smith

115 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1985

Racona v Hammock, 115 AD2d 306 ), such waiver is not effective unless knowingly, intelligently and voluntarily made (see, People v White, 56 NY2d 110 ; People v McIntyre, 36 NY2d 10 ; People ex rel. … Martinez v Walters, supra).

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).

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 .)

Town Board of Vernon v. Zoning Board of Appeals

21 A.D.3d 1389 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2005

Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.

Rockwell v. Board of Education

214 A.D. 431 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1925

It is the custom of said board of education to make salary payments to teachers at the end of each month beginning in September and continuing for ten months, upon presentation of bills to said board by the teachers. … After Septem *433 ber 1, 1924, the date when the said Equal Pay Law went into effect, the respondent demanded of said board that her pay be made equal to that of said male teacher, which was refused by said board.

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

Bott v. Board of Education

51 A.D.2d 81 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1976

Matter of Clayton v Board of Educ., 49 AD2d 343 ). Likewise without substance is the allegation that petitioner failed to adhere to school regulations or to obey specific instructions given by superiors. … ’s findings relative thereto are supported by substantial evidence and should be sustained (Matter of Pell v Board of Educ. of Union Free School Dist.

Green v. Board of Education

262 A.D.2d 411 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1999

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Education of the City District of New York, dated October 1, 1997, terminating the petitioner’s employment as … Y., 259 AD2d 623 ; Matter of Iannuzzi v Town of Brookhaven, 258 AD2d 651 ; Matter of Wilson v New York City Tr. Auth., 254 AD2d 426 ; Matter of Bass v New York City Tr. Auth., 236 AD2d 536 ).

Holt v. Board of Education

74 A.D.2d 839 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1980

Petitioner failed to make out a claim of stigmatization, alleging neither publication nor falsehood (see Gentile v Wallen, 562 F2d 193). Mollen, P. J., Damiani, Gulotta and Cohalan, JJ., concur.

Ullian v. Town Board

38 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1972

Brown v. Fayette

89 A.D.2d 726 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1982

Brown and respondent Thomas W. Fayette were divorced by an Alabama decree, and the subjects of this support proceeding are their natural children, Brett and Finee Fayette. … proceeding was properly conducted in accordance with the statutorily established procedures (see Domestic Relations Law, § 37), and that the constitutionality of the procedures has previously been established (see Nass v

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.

Daniman v. Board of Education

282 A.D. 717 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1953

See Matter of Shlahman v. Board of Higher Educ. of City of N. T. (282 App, Div. 718), decided herewith. Adel, Schmidt and Beldoek, JJ., concur; Nolan, P. … J., and Wenzel, J., dissent and vote to reverse the order and to grant the application for the reasons set forth in their dissenting memorandum in Matter of Shlakman v. Board of Higher Educ. of City of N. Y. ( 282 App.

Ahrens v. Board of Education

57 A.D.2d 925 · Appellate Division of the Supreme Court of the State of New York · May 23, 1977

Petitioners contend that dismissal for failure to meet post-employment job qualifications must be resolved at a hearing (see Matter of Mannix v Board of Educ., 21 NY2d 455 ). … Board of Educ., 57 AD2d 835 ; Matter of Amos v Board of Educ., 54 AD2d 297 ).