Case law

Pugh v. Board of Education

38 A.D.2d 619 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1971

Apparently, appellant Board of Education was insured by the same insurance carrier. … School Dist., 27 A D 2d 898; see, also, Matter of Johnson v. Board of Educ. of City of Rochester, 33 A D 2d 647).

Friedman v. Board of Appeals

84 A.D.3d 1083 · Appellate Division of the Supreme Court of the State of New York · May 17, 2011

[2007]; see Matter of Genser v Board of Zoning & Appeals of Town of N. … In making that determination, the personal observations of members of the Board may be considered (see Matter of Genser v Board of Zoning & Appeals of Town of N.

Pollard v. Board of Education

280 A.D. 1033 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1952

(See May v. Board of Educ., Town of Mamaroneck, 295 N. Y. 948 , and Ohman v. Board of Educ. of City of N. Y., 300 N. Y. 306, 309 .) All concur. (Appeal from a judgment for plaintiff in a negligence action.

People v. Brown

23 A.D.2d 812 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1965

Meyer v. Warden, 269 N. Y. 426 .) In the interest of justice and to avoid the lapse of additional time, we shall consider this proceeding in the nature of habeas corpus.

Rowley v. Board of Education

192 A.D.2d 814 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1993

Petitioner thereafter commenced this CPLR article 78 proceeding seeking, inter alia, to annul the Board of Education’s determination. … Our review of this matter is limited to whether the underlying determination is supported by substantial evidence in the record (see generally, Matter of Bevacqua v Sobol, 176 AD2d 1, 3 ; Matter of Smith v Board of Educ.,

Heughes v. Board of Education

37 A.D. 180 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1899

(People v. … Y. 565 ; People v. *185 McKane, 143 id. 455 ; People v.

Board of Health v. Magill

17 A.D. 249 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

Under a similar provision in chapter 324 of the Laws df .1850, as amended by chapter 351 of 1882, it was in effect held, in Gould v. The Gity- of Rochester ( 105 N. … Board of Health v. Board of Supervisors of Monroe Co., 18 Barb. 567 .) .

Wagschal v. Board of Examiners of the Board of Education

117 A.D.2d 470 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1986

186, 194 , cert denied 454 *472 US 1125 ; Matter of Pell v Board of Educ., 34 NY2d 222 ). … It is the Board of Education that establishes requirements and qualifications for its employees (Education Law § 2573 [10]; Matter of Klot v Wilson, 2 AD2d 938 ); the function of Judges is something else.

Lawrence v. Brown

25 A.D.2d 724 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1966

(Matter of Kaplan v. Lipkins, 19 A D 2d 723.) Relief by way of mandamus rests in the sound discretion of the court, and is governed by equitable principles. (Matter of Coombs v. Edwards, 280 N. … Y. 361 ; Matter of Ellsworth, Barrows & Co. v. Ward, 255 App. Div. 91 .) We consider the case in the light of the above fundamental principles.

Matter of Brown v. City of New York

2023 NY Slip Op 03693 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2023

Matter of Brown v City of New York ( 2023 NY Slip Op 03693 ) Matter of Brown v City of New York 2023 NY Slip Op 03693 Decided on July 5, 2023 Appellate Division, Second Department Published by New York State Law Reporting … FORD LILLIAN WAN, JJ. 2022-05343 (Index No. 505152/22) [*1]In the Matter of Kyle Brown, appellant, v City of New York, respondent. Kelner & Kelner, New York, NY (Joshua D. Kelner of counsel), for appellant. Sylvia O.

Courtland v. Brown, Harris, Stevens, Inc.

6 A.D.2d 789 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1958

(See Southbridge Finishing Co. v. Golding, 2 A D 2d 430, 435; Lesavoy Inds. v. Providence Washington Ins. Co., 285 App. Div. 938 .) Settle order fixing date for examination to proceed. Concur — Breitel, J.

Quinones v. Board of Education

248 A.D.2d 696 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1998

was properly granted notwithstanding the fact that discovery had not yet been completed, since “there was only hope and speculation as to what additional discovery would uncover in the pres *697 ent situation” (Mazzaferro v

Caravello v. Board of Education

48 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1975

(Matter of Jerry v Board of Educ. of City School Dist. of City of Syracuse, 35 NY2d 534 .) … (Matter of Ahsaf v Nyquist, 37 NY2d 182 ; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222 .)

Tompkins v. Board of Education

245 A.D.2d 522 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1997

Board of Educ. 90 NY2d 662 ; Matter of O'Mara v Sachem, Cent. … School Dist., 242 AD2d 634 ; Matter of Chupka v Board of Educ. 240 AD2d 795 ; cf., Matter of Candrea v Board of Educ., 236 AD2d 536 ).

Bramer v. Board of Parole

247 A.D. 414 · Appellate Division of the Supreme Court of the State of New York · May 6, 1936

(For convenience, the Board and its members will hereafter be referred to as the defendants.) … Percival v. Cram, 164 N. Y. 166 ; People ex rel. Gere v. Whitlock, 92 id. 191 .) The order should be affirmed, without costs. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur. Order affirmed, without costs.

Allen v. Board of Regents

140 A.D.2d 824 · Appellate Division of the Supreme Court of the State of New York · May 12, 1988

On review, an administrative agency’s assessment of a penalty will not be disturbed unless the sanction may be characterized as so disproportionate as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ … We agree with the Commissioner that a revocation of license was warranted (see, e.g., Matter of Nicholson v Ambach, 80 AD2d 690 , appeal dismissed 55 NY2d 601 ; Matter of Durante v Board of Regents, 70 AD2d 692 , appeal dismissed

McMillen v. Brown

20 A.D.2d 531 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1963

The Legislature, in prescribing a minimum wage, cannot be held to have intended that New York City may enact its own minimum wage, albeit a higher one (Wholesale Laundry Bd. of Trade v. … Moreover, while the local law here challenged differs materially from the local law successfully challenged in Wholesale Laundry Bd. of Trade v.

Zinman v. Board of Education

248 A.D.2d 716 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1998

School, 90 NY2d 662 ; Matter ofDapp v Board ofEduc., 248 AD2d 712 [decided herewith]). … School, 90 NY2d 662 , supra; Matter of Kaufman v Board ofEduc., 236 AD2d 538 ; Cleary v Board ofEduc., 243 AD2d 949 ; Matter of Candrea v Board ofEduc., 236 AD2d 536 ; Matter of Gregory v Bemus Point Cent.

Topkin v. Board of Education

121 A.D.2d 531 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1986

The opinion of the medical board of the Teachers’ Retirement System was conclusive (see, Matter of Mondello v Beekman, 78 AD2d 824, affd 56 NY2d 513 ). … the findings of the medical board (see, Matter of Sherrid v Teachers’ Retirement Bd., 112 Misc 2d 6, 7 ).

Abramov v. Board of Assessors

258 A.D.2d 958 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 1999

89 NY2d 327, 330 ; Burrell v Countrytowne Apt. … , supra, at 820; Enos v City of Rochester, supra, at 162; see also, Matter of Vetrone v Mackin, 216 AD2d 839, 841 ; Dawson v Bastine, 231 AD2d 548, 548-549 ), which cannot be extended by the issuance of an order nunc pro