Case law

Passafaro v. Board of Education

43 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1974

(See Durham v. Metropolitan Elec. Protective Assn., 27 A D 2d 818.) … The Board of Education is not an insurer of the student’s safety (Ohman v. Board of Educ. of City of N. Y., 300 N.

Hunter v. Board of Appeals

4 A.D.2d 961 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1957

The return of a board may set forth facts known to its members but not otherwise disclosed (People ex rel. Fordham Manor Reformed Church v. Walsh, 244 N. Y. 280 ). … The return must include definite findings and may not be merely conelusory in form (Matter of the American Seminary of the Bible v. Board of Standards & Appeals, 280 App.

Hannan v. Board of Education

55 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1976

The board contends on this appeal that the *649 holding in the case of Steele v Board of Educ. ( 40 NY2d 456 ), which was decided after Special Term reached its decision in the instant proceeding, requires a reversal herein … Matter of Mitchell v Board of Educ., 40 NY2d 904, 905 ).

Lisa v. Board of Elections

54 A.D.2d 746 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1976

of Holley *747 [Rittenberg], 268 NY 484 ; Matter of Kane v Republican County Committee of Town of Huntington, 17 AD2d 707 , affd 12 NY2d 658 ). … Schwartz v Heffernan, 304 NY 474 ).

Lozinak v. Board of Education

115 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 2014

DeAngelis v. Board of Education

281 A.D.2d 448 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2001

) whether the plaintiff was an infant, or mentally or physically incapacitated, and (4) whether the delay would substantially prejudice the municipality in maintaining its defense on the merits (see, Matter of Kittredge v … Auth., 275 AD2d 746 ; Rogers v City of Yonkers, 271 AD2d 593 ; Matter of Guiliano v Town of Oyster Bay, 244 AD2d 408 ). This determination is left to the sound discretion of the court (see, Ortega v New York City Hous.

Board of Commissioners v. McCloskey

15 A.D. 41 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1897

Comrs. of Charities v. Cullen ( 151 N. Y. 54 ) the Court of Appeals intimated that the right to such an appeal is open to grave doubt. … (Roy v. Targee, 7 Wend. 358 ; People ex rel. Kenfield v. Lyon, 83 Hun, 303 ; People ex rel. Comrs. of Charities v. Schildwachter, 87 id. 363 .)

People v. Brown

30 A.D.3d 212 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2006

The court was fully familiar with the case, including the plea allocution, and was able to make an informed decision (see People v Frederick, 45 NY2d 520 [1978]).

Stewart v. Board of Education

238 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1997

Assocs. v State Div. of Human Rights, 45 NY2d 176, 180 ; accord, People ex rel. Vega v Smith, 66 NY2d 130, 139 ). … Having violated her position as an employee entrusted with the School District’s money, termination was in all respects proper (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 238-239).

in Matter of Stanley Brown v. Barkley

67 A.D.3d 1147 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 2009

, 1404 [2009]; Matter of Paveras v Fischer, 59 AD3d 827, 828 [2009], lv denied 13 NY3d 702 [2009]). … Brown, 62 AD3d 1223, 1224 [2009], lv denied 13 NY3d 704 [2009]).

Greenfield v. Board of Appeals

21 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2005

It is well settled that “[a] determination of a zoning board should be sustained [up] on judicial review if it has a rational basis and is supported by substantial evidence” (Matter of Pecoraro v Board of Appeals of Town … Since the Board’s determination is not supported by substantial evidence, the matter must be remitted to the Board for issuance of the variance (see Matter of Kreye v Bordino, 302 AD2d 465 [2003]; Matter of Bianco Homes II

Hernandez v. Board of Education

264 A.D.2d 709 · Appellate Division of the Supreme Court of the State of New York · Sep 13, 1999

Assocs., 230 AD2d 903 ; Sandi v Chaucer Assocs., 170 AD2d 663 ). In any event, the Board of Education of the City of New York neither owned the premises nor contracted for the work. … Therefore, it cannot be held liable pursuant to these provisions (see, Kowalska v Board of Educ., 260 AD2d 546 ).

Board of Education v. Wolf

10 A.D.2d 713 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1960

On January 29, 1959 the board granted the variance. … (Matter of Boyd v. Walsh, 217 App. Div. 461 , affd. sub nom. People ex rel. Boyd v. Walsh, 244 N. Y. 512 .)

Drakeford v. Board of Education

242 A.D.2d 627 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 1997

Assocs. v State Div. of Human Rights, 45 NY2d 176 ). … However, we find that under all the circumstances the penalty of dismissal was so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222

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.)

Brown v. Kerik

29 A.D.3d 478 · Appellate Division of the Supreme Court of the State of New York · May 30, 2006

McGuire, J. concurs in a separate memorandum as follows: I concur on constraint of our decisions in Matter of Scotto v Giuliani ( 288 AD2d 102 [2001], lv denied 97 NY2d 613 [2002]), Matter of Finelli v Bratton ( 298 AD2d … the Merit and Fitness Clause of article V, § 6 of the New York Constitution.

Krebs v. Board of Assessors

225 A.D.2d 625 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1996

of Camillus, 80 NY2d 351, 356 ; Matter of Merrick Holding Corp. v Board of Assessors, 45 NY2d 538, 542 ; Matter of Long Is. … Co. v Assessor for Town of Brookhaven, 202 AD2d 32, 36 ; Matter of Anitec Image Corp. v Assessor of City of Binghamton, 109 AD2d 962, 963 ; Matter of Katz v Assessor of Vil./ Town of Mount Kisco, 82 AD2d 654, 658 ). " 'The

White v. Board of Education

249 A.D. 520 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1937

Assuming that, in the absence of such a defense, it was for the jury to say whether the defendant was negligent in faffing to equip the class room door with a check (White v. Board of Education, 240 App. … (Herman v. Board of Education, 234 N. Y. 196 .) The negligence assigned is the absence of a door check on the class room door.

Brown v. Paramount Publix Corp.

241 A.D. 897 · Appellate Division of the Supreme Court of the State of New York · May 15, 1934

Puentes v. Board of Education

24 A.D.2d 628 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1965

Y. 246 ; Matter of Kern v. La Guardia, 264 App. Div. 627 , affd. 289 N. Y. 776 ; Jepsen v. Board of Educ., 19 Ill. App. 2d 204 ). … S. 485, 493 ; see, also, Beilan v. Board of Educ. 357 U. S. 399, 405 ; cf. Matter of Cohen, 9 A D 2d 436, affd. 7 N Y 2d 488 [remittitur amd. 8 N Y 2d 754], affd. sub nom. Cohen v. Hurley, 366 U.