Case law

Matter of Brown v. Venettozzi

2018 NY Slip Op 6308 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2018

Matter of Brown v Venettozzi ( 2018 NY Slip Op 06308 ) Matter of Brown v Venettozzi 2018 NY Slip Op 06308 Decided on September 27, 2018 Appellate Division, Third Department Published by New York State Law Reporting Bureau … Decided and Entered: September 27, 2018 526242 [*1]In the Matter of ROBERT BROWN, Petitioner, v DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

People v. Brown

29 A.D.2d 724 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1968

While we recognize that he had no duty to present any evidence, the unexplained possession of the “fruits of the crime ” is certainly some evidence from which the jury could find the defendant to be the perpetrator (People v. … Everett, 10 N Y 2d 500, 508, 509; People v. Spivak, 237 N. Y. 460, 461 ; People v. Galbo, 218 N. Y. 283 ; People v. Garter, 27 A D 2d 589, affd. 19 N Y 2d 967; People v. Asklund, 16 A D 2d 817).

Sigua Iron Co. v. Brown

19 A.D. 143 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1897

As said in Small v. Herkimer Mfg. Co. ( 2 N. … And, in Passinger v. Thoburn ( 34 N.

Wadsworth v. Board of Supervisors

139 A.D. 832 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1910

Wakeley v. McIntyre, 154 N. Y. 628 ; Schenck v. Mayor, 67 id. 44; City of Buffalo v. Bettinger, 76 id. 393; People ex rel. Williams v. County Court, 105 App. Div. 1 ; Woods v. Supervisors, etc., 136 N. Y. 403 .) … (Village of Fort Edward v. Fish, 156 N. Y. 363, 378 .)

Soucy v. Board of Education

45 A.D.2d 808 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1974

Nor do we, at this time, feel it necessary to consider whether section 3020-a of the Education Law is unconstitutional (see Kinsella, v. 'Board of Edue. of Gent. School Dist. No. 7, 378 F. Supp. 54 ; Matter of Jerry v. … Board of Ednic. of City School Dist. of City of Syracuse, 44 A D 2d 198). We cannot presume that the school board will act in an unconstitutional manner in the handling of petitioner’s case (Bevan v.

Tenneriello v. Board of Elections

104 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1984

As to those matters which dealt solely with respondents-respondents’ actions in filing objections with the Board of Elections, petitioners’ attorney stated that he “believe[d] them to be true”. … P., O’Connor, Brown, Boyers and Fiber, JJ., concur.

Common Council v. Town Board

143 A.D.2d 215 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1988

Town of Aurelius, 122 AD2d 585 , lv denied 68 NY2d 610 ; Matter of City of Auburn v Town of Fleming, 79 AD2d 1104 , appeal dismissed 53 NY2d 937 ; Matter of Common Council v Town Bd., 30 AD2d 577 , appeal after remand 32 … also, Matter of Board of Trustees v Town Bd., 56 AD2d 928 ).

Nemecek v. Board of Trustees

99 A.D.2d 954 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1984

(Matter of City of New York v Schoeck, 294 NY 559, 566 .) The determination of the Medical Board is not without some evidence to support it. As the Fire Department Chief Medical Officer Dr. … Matter of Drayson v Board of Trustees of Police Pension Fund, 37 AD2d 378, 380 , affd 32 NY2d 852 .)

Ferman v. Board of Appeals

69 A.D.2d 882 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1979

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Incorporated Village of Sea Cliff which denied petitioner’s application for a variance, the board appeals from a judgment … Therefore, the determination should have been confirmed (see Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Cowan v Kern, 41 NY2d 591 ). Titone, J. P., Lazer and Cohalan, JJ., concur.

Robertson v. Board of Education

175 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 1991

The petitioner’s direction of correspondence to the Medical Bureau, which can be viewed, at most, as a request for reconsideration, did not toll or revive the Statute of Limitations (see, Matter of Lubin v Board of Educ., … In any event, a review of the entire record shows that there existed a rational basis for the determination (see, Matter of Purdy v Kreisberg, 47 NY2d 354, 358 ; Matter of Pell v Board of Educ., 34 NY2d 222 , 231).

Gaines v. Board of Elections

32 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1969

In our opinion, respondent Elovieh had standing to object to the petitions for the reasons stated in Matter of Elovich v. Meisser (32 A D 2d 795). … dissent and vote to reverse the order and grant the petition, with the following memorandum: In our opinion, Elovieh had no standing to object to the designating petitions (see dissenting memorandum in Matter of Elovich v.

Germond v. Board of Education

10 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1960

It has been held that, having made adequate rules, the board is not liable for the individual negligence of a competent teacher. (Graff v. Board of Educ., 258 App. Div. 813 .) … This responsibility would be quite similar to that which arises under the board’s duty to repair and maintain structures considered in Hoose v. Drumm ( 281 N. Y. 54, 58 ) and Miller v. Board of Educ. ( 291 N. Y. 25 ).

Rubin v. Board of Assessors

175 A.D.2d 494 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1991

Petitioners filed a complaint with respondent Board of Assessment Review of the Town of Shandaken (hereinafter the Board) seeking a review of their reassessment on the grounds that they had been assessed at a higher value … Following a hearing before the Board, petitioners were notified that their complaint to review the assessment was denied.

Mitchell v. Board of Education

113 A.D.2d 924 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1985

We agree with Special Term’s conclusion that appellants have offered no justifiable basis for prohibiting the use of unobtrusive, hand-held tape-recording devices at its public meetings (see, People v Ystueta, 99 Misc 2d … 1105 ; Committee on Open Government, Advisory Opinion on Open Meetings Law, Oct. 27, 1983; 1980 Opns Atty Gen 145; see also, Feldman v Town of Bethel, 106 AD2d 695 ).

Robert N. Brown Associates Inc. v. Fileppo

38 A.D.2d 515 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1971

(Hercules Packing Corp. v. Steinbruckner, 28 A D 2d 635, app. dsmd. 20 N Y 2d 757.) … (Foley v. D’Agostino, 21 A D 2d 60, 66, 67.)

Thomson v. Board of Education

136 A.D. 721 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1910

(Laws of 1897, chap. 378, §§ 1613, 1614; County of Queens v. City of New York, 48 App. Div. 337 .) … (Hoefling v. Bd. of Education, 120 App. Div. 545 ; Hazen v. Bd. of Education , 127 id. 235 ; Dildine v. Bd. of Education, 133 id. 261.)

Hazell v. Board of Elections

224 A.D.2d 806 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1996

On January 25, 1996, a timely certificate of nomination and authorization was filed with respondent State Board of Elections (hereinafter the Board) naming petitioner as the Republican Party candidate for the office of State … The function of an acknowledgment is to establish an authentication of an act and the identity of the actor to prevent fraud (see, Real Property Law §§ 298-303; Garguilio v Garguilio, 122 AD2d 105 ; Matter of Bristol v Buck

Miller v. Board of Parole

278 A.D.2d 697 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2000

Tyler v Travis, 269 AD2d 636 ). … Brazeau v McLaughlin, 233 AD2d 724, 726 , lv denied 89 NY2d 810 ), and the ex post facto argument raised by petitioner has been rejected by this Court (see, People ex rel. Tyler v Travis, supra).

Bradley v. Board of Education

243 A.D. 651 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1935

The board of education has entire control of both types of rooms, and they designed them for widely different uses. … These things .the board failed to do.

Feldman v. Board of Education

259 A.D.2d 700 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1999

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the City School District of the City of New York which terminated the New York City teaching licenses of Jennifer Jones, Brenda … Board of Educ., 236 AD2d 403 ).