Case law

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”.

Cleary v. Board of Education

243 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1997

Board of Educ., 236 AD2d 709, 710-711 , lv granted 89 NY2d 816 ). … Board of Educ., 216 AD2d 708, 709 ).

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).

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.

Weiner v. Board of Assessors

69 A.D.3d 949 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2010

Assessor of City of Rye, 268 AD2d 482, 483 [2000] [citations omitted], emoting Allegheny Pittsburgh Coal Co. v Commission of Webster Cty., 488 US 336, 345 [1989]; see Nash v Assessor of Town of Southampton, 168 AD2d 102 [ … Assessor of City of Rye, 268 AD2d 482 [2000]; Matter of DeLeonardis v Assessor of City of Mount Vernon, 226 AD2d at 532 ; Matter of Krugman v Board of Assessors of Vil. of Atl.

Merchants' Bank of Canada v. Brown

86 A.D. 599 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

.: The note, having been made in Canada and being by its terms payable there, was a contract governed by the law of that Dominion (Merchants' Bank v. Griswold, 72 N. Y. 472 ; Union National Bank v. … Inst. [5th ed.] § 1399 ; Struthers v. Kendall, 41 Penn. St. 214.)

Claim of Brown v. Mobil Oil Co.

20 A.D.2d 833 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1964

The misconception of its duty and its assumption of ours manifested by the above-quoted finding of the board deprived the employer of procedural due process and mandates reversal and remittal. (Matter of Bosco v. … Co., 3 A D 2d 781; Matter of Bochkarev v. Henry’s Landscaping Sen., 10 A D 2d 398, 400; Matter of Nolette v. Chase, 11 A D 2d 821.)

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.).

Board of Education v. Hankins

294 A.D.2d 360 · Appellate Division of the Supreme Court of the State of New York · May 6, 2002

A subpoena duces tecum may not be used for purposes of discovery or to ascertain the existence of evidence (see Matter of Terry D., 81 NY2d 1042 ; People v Gissendanner, 48 NY2d 543 ; Fabbricatore v Lindenhurst Union Free … Martone v Warden of Queens House of Detention, 175 AD2d 821 ).

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).

Salvatore v. Board of Education

89 A.D.3d 1078 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 2011

Evans, 94 NY2d 499, 502 [2000]; Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 349-350 [1999]; People v Manino, 306 AD2d 541, 542 [2003]). … Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]; Leon v Martinez, 84 NY2d 83, 87 [1994]; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122 , 125 [2009], affd 16 NY3d 775 [2011]; Breytman v Olinville Realty

People ex rel. Brown v. Prendergast

146 A.D. 713 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1911

Section 85 (as amd. by Laws of 1910, chap. 102) provides for the audit and payment of the expenses of such burial by. the board of supervisors or other board or officer vested with like powers of the county of which such … (Matter of Durscheidt, 65 Hun, 136 ; Lyendecker v. Eisemann, 3 Dem. 72 .) In Crawford v. Nassoy ( 173 N.

Brown v. City of New York

244 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1997

Hurst v. Board of Elections

265 A.D.2d 590 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 1999

Election Law § 6-140 serves the legitimate purpose of facilitating the discovery of fraud” (Matter of Zobel v New York State Bd. of Elections, 254 AD2d 520, 522 ), petitioner’s city of residence is clearly and accurately … In Matter of Zobel v New York State Bd. of Elections (supra), upon which respondent relies, the petition contained inaccurate information.

Greenberg v. Board of Managers

294 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · May 20, 2002

The Supreme Court properly granted the plaintiffs’ request for a permanent injunction, since the condominium’s governing board acted outside the scope of its authority in prohibiting them from erecting a Succah on the balcony … of their condominium unit (see Matter of Levandusky v One Fifth Ave.