Case law

Soloff v. Board of Education

90 A.D.2d 829 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1982

No such unusual or exceptional factual situation exists at bar (see Marku v City of New York, 86 AD2d 601 ; see, also, Public Improvements v Board of Educ., 81 AD2d 537 ; Adkins v City of New York, 51 AD2d 944 ; cf. … No. 28, Long Beach, 301 NY 233 ; Winter v City of Niagara Falls, 190 NY 198 ). O’Connor, J. P., Bracken, Brown and Niehoff, JJ., concur.

Brown v. First Alert Ambulette, Inc.

250 A.D.2d 400 · Appellate Division of the Supreme Court of the State of New York · May 12, 1998

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.

Calabro v. Board of Education

39 A.D.3d 680 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 2007

between attorneys, the appellant was entitled to elect, and did elect, to be compensated on the basis of “a contingent percentage fee based upon the proportionate share of the work [it] performed on the whole case” (Smerda v … City of New York, 7 AD3d 511, 512 [2004]; see Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454, 457-458 [1989]; Byrne v Leblond, 25 AD3d 640, 641-642 [2006]).

People ex rel. Brown v. Jacobson

260 A.D.2d 652 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1999

—Writ of habeas corpus in the nature of an application to reinstate bail in the sum of $7,500 upon Queens County Indictment No. 176/98, or to release Mark Brown upon his own recognizance.

Rudey v. Brown, Harris, Steven, Inc.

254 A.D.2d 133 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1998

the right to recovery as well upon an independent negligence theory, defendant and third-party plaintiff managing agent may assert a claim for contribution against third-party defendant Landmark Commission (see, Crosby v … Commission may not further litigate the issue of whether it duly filed an historic designation for the subject property since we addressed this issue dispositively in a related CPLR article 78 proceeding, Matter of Rudey v

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.

Deutsche Bank National Trust Co. v. Brown

133 A.D.3d 563 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2015

In an action to foreclose a mortgage, the defendant Lisa Brown appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated October 10, 2013, which denied her motion, inter alia, to vacate a judgment of foreclosure … (see Pacific Lime v Lowenberg Corp., 77 AD2d 737, 738-739 [1980]).

Cantres v. Board of Education

145 A.D.2d 359 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1988

(Matter of Plummer v Klepak, 48 NY2d 486 , cert denied 445 US 952 ; see also, Matter of Taylor v Libous, 87 AD2d 947 .) … (Matter of Arvelo v Macchiarola, 75 AD2d 333 .)

Rosado v. Board of Elections

218 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1995

(Matter of Amer v Previte, 51 AD2d 949 .) There can be no cancellation until the Board of Elections notifies the voter of its intention to cancel and gives the voter an opportunity to be heard on the matter. … (Nesci v Canary, 112 AD2d 1056 .)

Brown v. Chin

65 A.D.2d 719 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1978

Defendant’s failure to move, within 20 days from the date plaintiff filed her statement of readiness, to strike the case from the calendar, constituted a waiver of his right to conduct such examination (Price v Brody, 7 AD2d … (Price v Brody, supra, pp 205-206 ; Rules of the Supreme Court, New York and Bronx Counties, 22 NYCRR 660.4 [d] [7] [i]). We are not prepared to say, as does the majority, that the I. C.

Novak's Tropical Aviary, Inc. v. Brown

62 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1978

In a proceeding pursuant to CPLR article 78, inter alia, (1) to review determinations of the respondent Board of Trustees of the Village of New Hyde Park and of the village’s Building and Plumbing Inspector, denying petitioner … The board based its determination on a finding that the proposed use would violate the village’s Local Law No. 1 of 1974, article 6 of which, entitled "Fowl, Pets, Wild and Ferocious Animals Prohibited”, provides, in part

People v. Brown

64 A.D.2d 961 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1978

(See Anders v California, 386 US 738 ; *962 People v Saunders, 52 AD2d 833 .)

Rosenberg v. Board of Estimate

257 A.D. 839 · Appellate Division of the Supreme Court of the State of New York · May 8, 1939

In a proceeding commenced to review a determination of the Medical Board of the New York City Employees’ Retirement System denying an application for retirement for accident disability, order granting petitioner’s application … We are of opinion that it was within the power of the Medical Board, upon all the circumstances shown, to determine whether or not the alleged violent treatment administered in 1924 resulted in the fracture discovered in

Everitt v. Teachers' Retirement Board

229 A.D. 857 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1930

Flanagan v. Board of Education

63 A.D.2d 1013 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1978

Since the complaint seeks damages as well as equitable relief, the claim is not primarily equitable in nature and a notice of claim was a condition precedent to the commencement of this action (see Ruocco v Doyle, 38 AD2d

Lucas v. Board of Appeals

109 A.D.3d 925 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 2013

Matter of Armonas v Pratt, 138 AD2d 697, 699 [1988]; see also Matter of Sanantonio v Lustenberger, 73 AD3d 934, 936 [2010]). … Matter of La Russo v Neuringer, 105 AD3d 743, 743 [2013]; Matter of Sanantonio v Lustenberger, 73 AD3d 934, 935 [2010]; Matter of Mamaroneck Beach & Yacht Club, Inc. v Zoning Bd. of Appeals of Vil. of Mamaroneck, 53 AD3d

People v. Brown

64 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1978

(See People v Ray, 62 AD2d 772 .) No opinion. Concur—Kupferman, J. P., Evans, Fein, Lynch and Sandler, JJ.

Warner v. Board of Education

14 A.D.2d 300 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1961

(See Matter of Jaffe v. Board of Educ. of City of N. Y., 265 N. … (Steinson v. Board of Educ. of City of N. Y., 49 App. Div. 143 , affd. 165 N. Y. 431 ; Murphy v. Board of Educ. of City of N. Y., 87 App. Div. 277 .)

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.