Case law

Cherney v. Board of Education

31 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 1969

Village of Hempstead, 20 A D 2d 663; Cianci v. Board of Educ., 18 A D 2d 930; Scaduto v. Brentwood School Dist., 19 A D 2d 861; Sandak v. Tuxedo Union School Dist. No. 3, 308 N. Y. 226 ; Friedman v. … Board of Educ., 262 N. Y. 364 ; Kosiba v. City of Syracuse, 287 N. Y. 283 ).

Bingham v. Town Board

116 A.D.2d 900 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1986

It would be affected by an error of law and lack a rational basis (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 231). … The action of the Town Board is, therefore, affected by an error of law and is arbitrary and capricious. It is irrational and not supported by substantial evidence (see, Matter of Pell v Board of Educ., supra, p 231).

Brill & Meisel v. Brown

113 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014

& Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; Osario v BRF Constr. … Kershaw v Hospital for Special Surgery, 114 AD3d 75 [1st Dept 2013] [motion incorrectly denominated a cross motion, untimely filed, will not be considered absent good cause shown]).

Singer v. Board of Education

97 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1983

May, 66 AD2d 918 ; *508 Matter of Kolasz v Levitt, 63 AD2d 777 ; cf. … Kaehler v Phoenix Ins. Co., 38 AD2d 683 ).

Brown v. Rubin

77 A.D.2d 608 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1980

He has no right to this relief (see People v Maier, 72 AD2d 754 ) and therefore the proceeding must be dismissed (see Matter of Association of Surrogates & Supreme Ct. Reporters within City of N. … Y. v Bartlett, 40 NY2d 571, 574 ). Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

Toole v. Board of Supervisors

13 A.D. 471 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1897

This section received careful consideration in Yates County National Bank v. Carpenter ( 119 N. … (Bertles v. Nunan, 92 N. Y. 152 ; Zorntlein v. Bram, 100 id. 12; Hiles v. Fisher, 144 id. 306.) From this fact it is argued that the wife had an assessable interest in said land, which is probably correct.

People v. Brown

77 A.D.2d 509 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1980

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

Frank v. Board of Regents

24 A.D.2d 909 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1965

Proceeding under article 78 of the CPLR to review a determination of the Board of Regents and the order of the Commissioner of Education entered thereon which suspended for one year petitioner’s license to practice medicine

Jacobs v. Board of Assessors

73 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1979

review case can be made only when the court finds that the assessment was increased without adequate cause or that the amount of the assessment was grossly discriminatory (Real Property Tax Law, § 722, subd 2; Grant Co. v … Srogi, 71 AD2d 457 ; Matter of Rice v Srogi, 70 AD2d 764 ).

Chanecka v. Board of Education

243 A.D.2d 1011 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1997

A failure to present it within 90 days is a fatal defect mandating dismissal (Education Law § 3813 [1]; see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 547-548 ). … Accrual occurs when damages have matured and become certain and ascertainable (Matter of Bader v Board of Educ., 216 AD2d 708 ).

People v. Brown

80 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1981

The case of Matter of Librizzi v Chisholm ( 55 AD2d 954 ), cited in defendant’s brief, is readily distinguishable. … Brown had threatened to seek an order of protection from the Family Court. Brown took umbrage at the threat and warned her not to seek such relief.

Seidel v. Board of Assessors

88 A.D.3d 369 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 2011

Stream v Board of Assessors, 227 AD2d 549, 549 [1996]). Therefore, the valuation of the petitioners’ properties must be assessed for tax purposes on January 2, 2007, the taxable status date, for the 2008/2009 tax year. … Servs., 25 AD3d 43, 47 [2005], quoting Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577, 583 [1998]; see Maraia v Orange Regional Med.

Watts v. Board of Education

9 A.D. 143 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

.: This action is to enforce a mechanics’ lien and the appeal of the defendant, the Board of Education, raises only questions of fact. … (Porter v. Smith, 107. N. Y. 531; Barrett v. Kling, 16 N. Y. Supp. 92 .) The plaintiff contracted with the appealing defendant for the construction of a school house. The contract provided for five payments.

People v. Brown

72 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1979

Judgment unanimously affirmed, and counsel’s application to withdraw granted, there being substantial compliance with People v Crawford ( 71 AD2d 38 ).

Brown v. Saranac Lake Central School District

273 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2000

School Dist., 256 AD2d 700, 701 ; Benson v Board of Educ., 183 AD2d 996, 997 , lv denied 80 NY2d 756 , upon remand 209 AD2d 693 , lv denied 85 NY2d 809 , appeal dismissed 85 NY2d 847 ). … Malloch v Ballston Spa Cent.

Schottland v. Brown Harris Stevens Brooklyn, LLC

137 A.D.3d 995 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2016

Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295, 301 [2002]; see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50 [2015]; Dombrowski v … Theresa Striano Revocable Trust v Blancato, 71 AD3d 1122, 1124 [2010]; Eisenberger v Septimus, 44 AD3d 994, 995 [2007]).

People v. Brown

35 A.D.3d 322 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2006

v Washington, 466 US 668 [1984]). … People v Rampersant, 272 AD2d 202 [2000], lv denied 95 NY2d 870 [2000]).

People v. Brown

78 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 1980

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

Schwartzberg v. Teachers' Retirement Board

273 A.D. 240 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1948

Nevertheless, plaintiff has been defeated under Matter of Feltner v. Teachers’ Retirement Board ( 235 App. … S. 2d 274; Chase National Bank v. Ginnel, 50 N. Y. S. 2d 345; Matter of Wainman, 121 Misc. 318 ; Kay v. Erickson, 209 Wis. 147 ; Matter of Battin, 171 Misc. 145 ; Camardella v. Schwartz, 126 App. Div. 334 .)

Roe v. Brown

81 A.D.2d 737 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1981

Co. v Garrett, 37 AD2d 750, 751 ). … determined by the jury “Unless there be no evidence whatever which could be considered as demonstrating negligence on the part of the defendant” (Cameron v Dooley, 18 AD2d 130, 132 ).