Case law

Kharrubi v. Board of Education

133 A.D.2d 457 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1987

An attorney’s affirmation is hearsay and insufficient (see, Fluman v TSS Dept. Stores, 100 AD2d 838 ). … Absent an impermissible purpose, a probationary employee can be dismissed for almost any reason or no reason at all (see, Matter of Sachs v Board of Educ., 71 AD2d 898 , affd 50 NY2d 830 ).

Soucy v. Board of Education

41 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · May 17, 1973

She has been tenured on three occasions by the respondent board, the last time in 1965 when she was tenured as a kindergarten teacher. … Obviously this finding is improper because to find the petitioner guilty of conduct not charged is to deprive her of substantial rights, namely, a fair hearing and due process (Matter of Murray v.

Geller v. Board of Elections

112 A.D.2d 1054 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1985

Herpe, 225 NY 323, 327 ; Foley v Roche, 68 AD2d 558, 566 ; 2 Carmody-Wait 2d, NY Prac, par 8:125, p 142)” (Breslow v Solomon, 105 AD2d 824 ). … Finally, were we to consider the present motion as one for reargument, it was clearly untimely (Matter of Huie [Furman], 20 NY2d 568, 572 ; Foley v Roche, supra). Thus, Special Term erred in granting the motion.

Geduldig v. Board of Education

43 A.D.2d 840 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1974

Donovan, 40 Mise 2d 744, 747-748; Bailey v. McDougall, 66 Mise 2d 161, 163-164, affd. 36 A D 2d 903). … , subject first to administrative review and later to judicial scrutiny if unlawful or arbitrary determination be made (Matter of Gray v.

People v. Brown

67 A.D.2d 632 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1979

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

Brown v. University of New York

147 A.D.2d 784 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 1989

Petitioner, whose primary practice is the performance of abortions, challenges the determination of respondent Board of Regents finding him guilty of professional misconduct con *785 sisting of practicing the profession of … Board of Regents, 89 AD2d 711, 712 , lv denied 57 NY2d 604 ).

Brown v. Wolf Group Integrated Communications, Ltd.

23 A.D.3d 239 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2005

Acquisition Corp. v Stavitsky, 18 AD3d 389 [2005]; cf. Channel Master Corp. v Aluminium Ltd. Sales, 4 NY2d 403 [1958]). … Moreover, plaintiff has alleged no more than that defendants did not intend to honor their contract, which is insufficient to state a claim for fraud (see Bencivenga & Co. v Phyfe, 210 AD2d 22 [1994]).

Holm v. Board of Education

234 A.D. 816 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1931

Shapiro v. Board of Education

250 A.D. 57 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1937

The teachers and principals of such vocational high schools and secondary vocational schools shall have the same rights, privileges and status as the teachers and principals of any kind of high school maintained by the board … The petition alleges that the by-laws of the board of education of the city of New York require teachers in vocational high schools to teach six and one-half hours a day while teachers in other high schools are required to

Lezette v. Board of Education

43 A.D.2d 755 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1973

T. v. Board of Edue. of City of N. T. (68 Mise 2d 66). However, as that ease itself points out (p. 71; see, also, Matter of O’Connor v. Emerson, 196 App. Div. 807, 810 , affd. 232 H. Y. 561; Matter of Scales v. … Board of Edue. of Union Free Bist. No. 12, Town of Hempstead, 41 Mise 2d 391, 392-393; and Cottrell v. Board of Edue. of City of N. T., 181 Mise. 645, 650, affd. 267 App. Div. 817 , affd. 293 N.

Izquierdo v. Board of Estimate

141 A.D.2d 337 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1988

The court below remitted the matter to the Board of Estimate for reconsideration. This was error. … (Matter of Wilson v City of New York, 135 AD2d 441, 442 ; Solomon v City of New York, 94 AD2d 283, 286 .)

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

Buckbee v. Board of Education

116 A.D. 916 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1906

Banks v. Board of Education

140 A.D. 907 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1910

Brown v. North Syracuse Central School District

55 A.D.2d 813 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1976

We may, however, consider the matter and determine it on the merits (CPLR 7804, subd [g]; Matter of Willow Garden Apts. v Riker, 36 AD2d 892 ). … In light of all the surrounding circumstances we do not believe that the penalty of discharge was so disproportionate to the offense as to shock one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222 ), particularly

Clausen v. Board of Education

39 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · May 1, 1972

Neither statute nor due process requires a plenary hearing or representation by counsel in such a matter (Matter of Butler v. Allen, 29 A D 2d 799; Matter of Pinto v. Wynstra, 22 A D 2d 914; Matter of Albury v. … Comm., 32 A D 2d 895, affd. 27 N Y 2d 694; Matter of Gordon v. State Unit. of N. Y. at Buffalo, 35 A D 2d 868, affd. 29 N Y 2d 684).

Walsh v. Board of Supervisors

20 A.D. 489 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1897

In the absence of such proof before the board of supervisors, we cannot say that its deter *492 mination was erroneous. … (Mark et al. v. The *493 State, 97 N. Y. 572, 578 .) The two statutes, we think, can stand together.

People v. Brown

64 A.D.2d 927 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 1978

Three officers, who were on plainclothes patrol in a brown, unmarked GMC van, observed three males in a green 1967 Oldsmobile sedan cruising slowly and peering into windows. … An eyewitness testified that Bulger participated in the theft and that a brown bag taken from the store was secreted under a car.

Weinstein v. Board of Education

127 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 1987

City of New York, supra; Ferrara v Board of Educ., 116 AD2d 693 ; Anilyan v Board of Educ., 115 AD2d 515 ; Corcoran v Community School Dist. 17, 114 AD2d 835 ). … P., Bracken, Brown and Eiber, JJ., concur.

Baker v. Board of Education

29 A.D.3d 574 · Appellate Division of the Supreme Court of the State of New York · May 2, 2006

Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., 21 AD3d 1134 [2005]). … Matter of Karp v North Country Community Coll., 258 AD2d 775 [1999]).