Case law

deVente v. Board of Education

15 A.D.3d 716 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2005

Board of Educ. of Pub. … School Dist., 286 AD2d 388, 388 [2001]; Matter of Hessney v Board of Educ. of Pub. Schools of Tarrytowns, supra at 955), Supreme Court properly invoked the doctrine of primary jurisdiction in dismissing the petition.

Moreira-Brown v. City of New York

71 A.D.3d 530 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2010

While a complaint alleging defamation must allege the particular spoken or published words on which the claim is based, the words need not be set in quotation marks (see John Langenbacher Co. v Tolksdorf, 199 AD2d 64 [1993

Brown v. First Student, Inc.

2018 NY Slip Op 8776 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2018

Brown v First Student, Inc. ( 2018 NY Slip Op 08776 ) Brown v First Student, Inc. 2018 NY Slip Op 08776 Decided on December 21, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant … "[A] school has a duty of care while children are in its physical custody or orbit of authority" ( Chainani v Board of Educ. of City of N.Y. , 87 NY2d 370, 378 [1995]), which generally "does not extend beyond school premises

People ex rel. Brown v. Hanslmaier

209 A.D.2d 801 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1994

Board of Education v. Ambach

84 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1981

More than one of the enumerated penalties cannot be prescribed (Matter of Adrian v Board of Educ. of East Ramapo Cent. School Dist., 60 AD2d 840 ). … ; Matter of Van Heusen v Board of Educ. of City School Dist. of City of Schenectady, 26 AD2d 721 ).

Brown v. United States Fidelity & Guaranty Insurance

30 A.D.2d 884 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1968

Included within that indorsement under the heading “ Designation of Contracts ” affected thereby was the following provision: “CONTRACT WITH CHARLES & LILLIAN BROWN. D/B/AS BROWN’S HOTEL. DATED 10/14/63. … in connection with building contract for construction at Brown’s Hotel.”

Cioffi v. Board of Education

27 A.D.2d 826 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1967

Lawes v. Board of Educ., 16 N Y 2d 302). Hard frozen snow or ice lay upon the ground in the area in the upper yard of the school. The school authorities knew or should have known of this condition. … Nor is the fact that on prior occasions there were instances of snowball throwing by pupils (see Lawes v. Board of Educ., supra, p. 305).

Matter of Lawtone-Bowles v. Brown

2024 NY Slip Op 02705 · Appellate Division of the Supreme Court of the State of New York · May 15, 2024

Matter of Lawtone-Bowles v Brown ( 2024 NY Slip Op 02705 ) Matter of Lawtone-Bowles v Brown 2024 NY Slip Op 02705 Decided on May 15, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau … DOWLING LILLIAN WAN, JJ. 2024-01962 [*1]In the Matter of Nicole Lawtone-Bowles, petitioner, v Craig Stephen Brown, respondent. Nicole Lawtone-Bowles, Highland Falls, NY, petitioner pro se.

Pulver v. Board of Education

80 A.D.2d 833 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1981

of Educ., 73 AD2d 949 ; Matter of Tadken v Board of Educ., 65 AD2d 820 , mot for lv to app den 46 NY2d 711 ). … Matter of Silver v Board of Educ., 46 AD2d 427 ). Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

Connolly v. Board of Assessors

32 A.D.2d 106 · Appellate Division of the Supreme Court of the State of New York · May 19, 1969

Yaras v. Kinnaw, 303 N. Y. 224 ; Matter of Mid-Island Shopping Plaza v. Podeyn, supra; C.H.O.B. Assoc. v. Board of Assessors of County of Nassau, supra). … Assoc. v. Board of Assessors of County of Nassau, 45 Misc 2d 184, 198 , supra).

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]).

Carlan v. Board of Education

128 A.D.2d 706 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1987

Board of Educ., 34 NY2d 222 ; Matter of Koch v Webster Cent. … Commn., 45 NY2d 721 ; Kaczala v Board of Educ., 123 AD2d 668 ). We have considered all of the petitioner’s remaining contentions and find them to be without merit. Rubin, J. P., Kunzeman, Spatt and Harwood, JJ., concur.

Hardecker v. Board of Education

266 A.D. 980 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1943

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 .)

Schiff v. Board of Estimate

122 A.D.2d 57 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1986

Finally, even if the petitioners’ argument that the Board of Estimate is apportioned in an unconstitutional manner is correct, such misapportionment would not affect the validity of its acts (see, Buckley v Valeo, 424 US … 1 ; Matter of Sherrill v O’Brien, 188 NY 185 ).

Allen v. Board of Assessors

57 A.D.2d 1036 · Appellate Division of the Supreme Court of the State of New York · May 20, 1977

Apts. v Huffcut, 23 AD2d 508 ; see Matter of City of New York v Christensen, 30 AD2d 700 , affd 24 NY2d 1002 ), absent a waiver or estoppel on the part of the assessing unit (see, e.g., Matter of Van Patten v Board of Assessors … Matter of Rizika v Board of Assessors of Vil. of Herkimer, 62 Misc 2d 774 ).

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 .)

Governale v. Board of Appeals

121 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1986

Jarrold, supra; Matter of Crossroads Recreation v Broz, 4 NY2d 39, 45 ; Matter of Clark v Board of Zoning Appeals, 301 NY 86, 90 , cert denied 340 US 933 ). … Brown, J. P., Weinstein, Niehoff and Eiber, JJ., concur.

Presley v. Board of Education

43 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1974

In September, 1962 she was hired as an elementary school teacher by the respondent board under a first year probationary contract for the school year beginning July 1, 1962. … At the termination of the three years of probationary appointments, the recommendation of the Superintendent that she be given tenure effective September 1, 1965 was approved by the respondent board.

People v. Brown

51 A.D.2d 1024 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1976