Case law

Fatone v. Board of Elections

218 A.D.2d 913 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1995

Thus, Supreme Court correctly concluded that Pattison and Eaton were necessary parties since their rights are "inextricably interwoven” with the rights of Petruska and La Posta (see, Matter of Greenspan v O’Rourke, 27 NY2d … 846 ; Matter of Fulani v Smith, 181 AD2d 940, 941 , lv denied 79 NY2d 755 ; Matter of McGoey v Black, 100 AD2d 635, 636 ).

Marcus v. Board of Trustees

96 A.D.3d 1063 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2012

The facts of this matter are set forth in our decision and order on a prior appeal (see Matter of Marcus v Board of Trustees of Vil. of Wesley Hills, 62 AD3d 799 [2009]). … Stream v Bond, 282 AD2d 532 [2001]).

Murphy v. Board of Education

74 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1980

applicable to an examination under section 50-h of the General Municipal Law, since an examination under the latter section is to be held prior to the commencement of an action against the municipal body (see Fitzgerald v … No. 6 of Town of Hemp-stead, 89 Mise 2d 1078; Matter of Mitchell v County of Dutchess, 66 Mise 2d 522).

Grace v. Board of Education

19 A.D.2d 637 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1963

Thereafter, the respondent board appointed her, effective as of September 9, 1959, as a regular teacher of home economies for a probationary period of three years. … Under the circumstances, the resolution terminating petitioner’s services as of September 8, 1960, was within the probationary period of one year and was proper and timely (see Matter of MacDonald V.

McAulay v. Board of Education

46 A.D.2d 84 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1974

This is based on the decision in Matter of Brown v. Board of Educ. of City of N. … (Brown v. Board of Educ. of City of N. Y., 42 A D 2d 702, supra; Matter of Clausen v. Board of Educ. of City of N. Y., 39 A D 2d 708; cf. Wolff v. McDonnell, 418 U. S. 539 .)

Annenberg v. Environmental Control Board

220 A.D.2d 634 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1995

Pursuant to the authority conferred upon it by Local Laws, 1977, No. 24 of the City of New York (hereinafter Local Law No. 24), the Environmental Control Board (hereinafter ECB) proceeded to adjudicate the violations and … Assocs. v Tyburski, 124 AD2d 553 ).

Town Board v. Board of Trustees

69 A.D.3d 117 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2009

State of New York, 86 NY2d 286 , 292 [1995], citing Town of Black Brook v State of New York, 41 NY2d 486 [1977]). … 711 (2) (b) (see Matter of Common Council of City of Gloversville v Town Bd. of Town of Johnstown, 32 NY2d 1 , 3 n 1 [1973]; Matter of Town of Johnstown v City of Gloversville, 36 AD2d 143, 145 [1971], lv dismissed 29 NY2d

Eisenstein v. Board of Managers

43 A.D.3d 987 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 2007

granting the plaintiffs’ motion for leave to renew based upon a case decided by this Court on the same day that the Supreme Court issued its order granting the defendant’s original motion for summary judgment (see Fitzpatrick v … The general context of the injured plaintiff’s work encompassed activity protected under the statute, and thus, Labor Law § 240 (1) applies (see Prats v Port Auth. of N.Y. & N.J., 100 NY2d 878, 882 [2003]; Fitzpatrick v State

People v. Board of Elections

286 A.D.2d 783 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2001

The Supreme Court had no authority to modify the statutory procedures set forth in Election Law § 9-209 (2) (d) for the judicial review of ballots challenged by a candidate or his or her representative (see, Testa v Ravitz … , 84 NY2d 893 ; Matter of Larsen v Canary, 107 AD2d 809 , affd 65 NY2d 634 ).

Brown v. Citibank, N.A.

304 A.D.2d 513 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 2003

Matter of Miller v Kozakiewicz, 289 AD2d 494 [2001]; CRK Contr. of Suffolk, v Brown & Assoc., 260 AD2d 530 [1999]; Jimenez v Shippy Realty Corp., 213 AD2d 377 [1995]). … Eli Lilly & Co., 65 NY2d 449 , 455 [1985]; Rebh v Rotterdam Ventures, 252 AD2d 609, 610 [1998]; Koether v Generalow, 213 AD2d 379, 380 [1995]; Jimenez v Shippy Realty Corp., supra).

Helsby v. Board of Education

34 A.D.2d 361 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1970

(See Helsby v. Board of Educ. of Cent. School Dist. No. 2, 59 Misc 2d 943.) The respondent allegedly dismissed Mrs. … In Buduson v. Curtis ( 285 App.

Town Board v. Fitchburg Railroad

53 A.D. 16 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900

.: The appellant urges three objections to this decision : First, that the petition of the town board conferred no jurisdiction upon the Board of Railroad Commissioners to entertain the application, because by the petition … (See People v. Suppiger, 103 Ill. 434 ; Central R. R. v. DeBray, 71 Ga. 406 ; Indianapolis, etc., R. R. Co. v. Case, 15 Ind. 42 .)

Matter of Wilson v. Brown

2018 NY Slip Op 4743 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2018

Matter of Wilson v Brown ( 2018 NY Slip Op 04743 ) Matter of Wilson v Brown 2018 NY Slip Op 04743 Decided on June 27, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to … V-4977-13) [*1]In the Matter of Thornan Wilson, respondent, v Crystal Brown, appellant. Gary E. Eisenberg, New City, NY, for appellant. Alex Smith, Middletown, NY, for respondent. Kelli M.

Deichler v. Board of Trustees

258 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1999

the natural and proximate result of a service-related injury (see, Matter of Canfora v Board of Trustees, 60 NY2d 347 ; Matter of Meyer v Board of Trustees, 90 NY2d 139 ; Matter of Wesarg v Board of Trustees, 246 AD2d 601 … ; Matter of Carbone v Board of Trustees, 242 AD2d 530 ).

Curran v. Board of Estimate

259 A.D. 712 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1940

Kransdorf v. Board of Education

181 A.D.2d 771 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1992

The petitioner is therefore entitled to seniority credit for her years of regular substitute teaching even though this service did not immediately precede her appointment to the probationary position (see, Ricca v Board of … The tenure system must be construed broadly in favor of the teacher, and it is necessary to strictly police procedures to prevent corruption of the system by manipulation of the requirements for tenure (see, Ricca v Board

Weiss v. Board of Regents

284 A.D. 1005 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1954

Proceeding to review a determination of the Board of Regents. … Matter of Davis v. Board of Regents, 283 App. Div. 591 , affd. 307 N. Y. 786 .) Determination unanimously confirmed, with $50 costs. Present — Bergan, J. P., Coon, Halpern, Imrie and Zeller, JJ.

Board of Education v. O'Rourke

135 A.D.2d 150 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1988

Dist. v Wyandanch Teachers Assn., 48 NY2d 669, 670 ). … Nor is there even a hint in the language of the arbitrator’s decision that the award of compensation was "genuinely intended to be punitive” (Board of Educ. v Niagara-Wheatfield Teachers Assn., 46 NY2d 553, 558 ).

Rotblit v. Board of Assessors

121 A.D.2d 727 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

In proceedings pursuant to Real Property Tax Law article 7, the Board of Assessors and/or Board of Assessment Review of the Village of Russell Gardens appeals, as limited by its brief, from so much of an order of the Supreme … Mall v Condon, 36 NY2d 544, 548 , quoting from People ex rel. New York Omnibus Corp. v Miller, 282 NY 5, 9 ).

Crowley v. Board of Education

128 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1987

Moreover, disputes as to matters arising from or involving the above statute are not barred from submission to arbitration (see, Board of Educ. v Glaubman, 53 NY2d 781 ).