Case law

Little v. Board of Education

42 A.D.2d 782 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1973

and the date of the board meeting at which it is to be considered. … Since the law generally favors the prospective interpretation of a statute without a clear expression from the Legislature to the contrary (Gleason v.

Runyan v. Board of Education

121 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

’ failure to allege such service in their complaint was a procedural and not a jurisdictional defect, and Special Term did not err in allowing the plaintiffs to amend their complaint to allege such service (see, Teodoro v … In Kelly v Kane ( 98 AD2d 861, 862 ), it was held that service of a notice of claim after, rather than prior to, commencement of the action, is a procedural defect only "and not fatal to the cause of action”.

Flacks v. Board of Elections

109 A.D.3d 423 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Additionally, the *424 ledger maintained by the Board of Elections correctly identified all of the volumes in the petition. … Our decision in Matter of Feliciano v Guastella ( 98 AD3d 434 [2012]), relied upon by the Board of Elections, is factually distinguishable.

Vernat, Inc. v. Cross & Brown Co.

273 A.D. 843 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1948

Riddell v. Brown

32 A.D.3d 1212 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006

Co. v Piper, 286 AD2d 903 [2001]; Niles v County of Chautauqua, 285 AD2d 988, 989 [2001]). We therefore modify the order by denying the motion of defendant and reinstating the complaint against him.

Belluardo v. Board of Education

68 A.D.2d 887 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1979

Although the letter was not verified, the court has the power to permit the claim to be amended by supplying the omitted verification (McCullough v Board of Educ., 11 AD2d 740 ). … Matter of Yeampierre v Gutman, 52 AD2d 608 ). However, the burden of proving this fact lies with the school board (cf. Matter of Yeampierre v Gutman, supra).

Feinberg v. Board of Education

78 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 1980

No. 6 of Towns of Islip & Smithtown v New York State Human Rights Appeal Bd., 35 NY2d 371, 380 ). … Board of Educ., 73 AD2d 949 ; Matter of Tadken v Board of Educ., 65 AD2d 820 , mot for lv to app den 46 NY2d 711 ).

Kalik v. Board of Examiners of the Board of Education

39 A.D.2d 943 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1972

Gladstone v. Board of Educ. of City of N. Y., 26 A D 2d 838, affd. 19 N Y 2d 1004). Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

Stein v. Rent Guidelines Board

127 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1987

v Rent Guidelines Bd., 104 Misc 2d 101 [Sup Ct, NY County, Martin B. … Center v Department of Health, 48 NY2d 967, 968-969 [1979]).

People ex rel. GaNun v. Brown

244 A.D.2d 441 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1997

Levitch v. Board of Education

216 A.D. 391 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1926

In the action brought by the deceased petitioner against the board of education (Levitch v. Board of Education, 212 App. … (Matter of O’Connor v. Emerson, 196 App. Div. 807, 810 ; Matter of McCarthy v. Board of Education, 106 Misc. 193, 196 , Callaghan, J.).

People v. Brown

33 A.D.3d 386 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2006

Those portions of the prosecutor’s summation that defendant characterizes as vouching generally constituted fair comment on the evidence made in response to defense arguments (see People v Overlee, 236 AD2d 133 [1997], lv … Were we to review these claims, we would find no basis for reversal (see People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv *387 denied 81 NY2d 884 [1993]).

Penge v. Board of Education

10 A.D.3d 251 · Appellate Division of the Supreme Court of the State of New York · Aug 5, 2004

]; Hodge v Niagara Falls Gazette Publ. … in part 2 NY3d 819 [2004]; Vachon v State of New York, 286 AJD2d 528 [2001]; Jefferson v Temco Servs.

McSweeney v. Board of Education

138 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1988

Board of Educ., 62 NY2d 656, 657 ; Matter of Adrian v Bd. of Educ., 60 AD2d 840 ). … Board of Educ., 34 NY2d 222 , 233; Matter of Katz v Ambach, 99 AD2d 897 ).

People v. Brown

58 A.D.2d 876 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1977

As so modified, judgment affirmed (see People v Smith, 51 AD2d 782 ). Hopkins, J. P., Shapiro, Suozzi and O’Connor, JJ., concur.

Rosen v. Brown & Williamson Tobacco Corp.

11 A.D.3d 524 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2004

Since a civil conspiracy cause of action requires a showing of intentional conduct, negligence cannot serve as the underlying tort (see Sackman v Liggett Group, Inc., 965 F Supp 391, 395 [ED NY 1997]).

Tessler v. Board of Education

49 A.D.3d 428 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2008

Matter of Citineighbors Coalition of Historic Carnegie Hill v New York City Landmarks Preser v. Commn., 2 NY3d 727 [2004]). … This dispute is not appropriate for resolution in the judicial arena, since the “responsibility for resolving these questions is vested in a network of officials and boards, on both the local and State level” (James v Board

WEICHERT, SUSAN M. v. BROWN, ROY A.

133 A.D.3d 1341 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2015

WEICHERT, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER ROY A. BROWN, DEFENDANT-RESPONDENT. SUSAN M. WEICHERT, PLAINTIFF-APPELLANT PRO SE. … [appeal No. 2], 108 AD3d 1127, 1128; see Matter of Reilly v City of Rome, 114 AD3d 1255, 1256).

Rudey v. Brown, Harris, Stevens, Inc.

233 A.D.2d 148 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1996

Kornit v. Board of Education

54 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1976