Case law

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 .)

Kudler v. Board of Education

236 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1997

not arbitrary and capricious, since the petitioner admittedly failed to meet the maximum teaching requirements within five years of the issuance of his license under the so-called 1986 "closed exam” (see, Matter of Ahrens v … Board ofEduc., 57 AD2d 925 ; Education Law former § 2569-f).

Dinan v. Board of Education

74 A.D.2d 922 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1980

Likewise, in Matter of Griifen v Board of Educ. (17 Ed Dept Rep 223), the commissioner determined that the positions of driver education teacher and social studies teacher were not "corresponding or similar”. … In Matter of Ives v Board of Educ. (16 Ed Dept Rep 341, 343), it was held that a position in English was not "similar” to either a social studies or science position.

Baker v. Board of Education

3 A.D.3d 678 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2004

At the time of their retirement, no contract was in place between defendant Board of Education of the Hoosick Falls *679 Central School District (hereinafter Board) and plaintiffs’ bargaining unit, defendant Hoosick Falls … Accordingly, defendants have failed to make the required showing that this action was time-barred (see Matter of Quantum Health Resources v DeBuono, 273 AD2d 730, 732 [2000], lv dismissed 95 NY2d 927 [2000]; Siegel v Wank

Romanelli v. Board of Trustees

210 A.D.2d 232 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1994

“It is well settled that when there is a tie vote of the Board of Trustees of the New York City Fire Department in determining whether accident disability retirement is appropriate (see, Matter of City of New York v Schoeck … ’ (Matter of Causarano v Board of Trustees, 178 AD2d 474 ; see, Matter of Canfora v Board of Trustees, 60 NY2d 347 )” (Matter of Flynn v Board of Trustees, 201 AD2d 730 ).

Matter of Brown v. Venettozzi

2018 NY Slip Op 4807 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2018

Matter of Brown v Venettozzi ( 2018 NY Slip Op 04807 ) Matter of Brown v Venettozzi 2018 NY Slip Op 04807 Decided on June 28, 2018 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant … Fischer , 74 AD3d 1507, 1509 [2010]; Matter of Dixon v Brown , 62 AD3d 1223, 1224 [2009], lv denied 13 NY3d 704 [2009]).

Graff v. Board of Education

245 A.D. 743 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1935

Brown v. Bullock

15 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1962

Cutler v. Board of Education

104 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1984

In Matter of Jerry v Board of Educ. ( 35 NY2d 534 ) the Court of Appeals held that absent a grant of specific authority by the Legislature, a board of education could not legally suspend a tenured teacher without pay while … Matter of Smith v Board of Educ., 102 AD2d 655 ). Mangano, J. P., Gibbons, O’Connor and Boyers, JJ., concur.

Flynn v. Board of Education

270 A.D. 855 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1946

Corporation, is not appealable, (Jackman v. … Div. 256 ; Stephansen v. County of Westchester, 257 App. Div. 1050 ; Kingsway Construction Co. v. Met. Life Ins. Co., 161 App. Div. 649 ; Brauer v. Oceanic Steam Navigation Co., 77 App. Div. 407 .)

Johnson v. Board of Education

214 A.D. 740 · Appellate Division of the Supreme Court of the State of New York · May 15, 1925

McGrath v. Board of Education

63 A.D.2d 1046 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1978

Accordingly, Special Term erroneously granted permission for the filing of a late notice of claim on his behalf (Matter of Beary v City of Rye, 44 NY2d 398 ).

Keal v. Board of Elections

164 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1990

On July 12, 1990, a petition containing 598 signatures was filed with respondent State Board of Elections (hereinafter the Board) designating petitioner as the Democratic Party candidate for the office of Member of Assembly … Scaringe, 153 AD2d 782, 783 ; Matter of Krueger v Richards, 93 *964 AD2d 898 ; Matter of Bramwell v Gargiulo, 103 Misc 2d 476, 479 ; cf., Matter of Harfmann v Sachs, 138 AD2d 550 , lv denied 71 NY2d 803 ).

Chainani v. Board of Education

201 A.D.2d 693 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1994

. *695 1, 21 NY2d 239, 244-245 ; Sewar v Gagliardi Bros. Serv., 69 AD2d 281 , affd 51 NY2d 752 ). … In concluding that the Board of Education was vicariously liable under the statute, the trial court relied on the decision in Van Gaasbeck v Webatuck Cent. School Dist.

Blodgett v. Board of Supervisors

246 A.D. 188 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1935

No claim is made that the board of supervisors acted in bad faith in abolishing the office. … (Matter of Danker v. Dept. of Health, 266 N. Y. 365 .) In both respects he has failed.

Claim of Brown v. Central Coal Co.

3 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1957

dies prior to the making of an award (Matter of Chrystal v. … Y. 566 ; Matter of White v. Bonner Steel Co., 259 N. Y. 574 ; Matter of Barrett v. Burnett, 262 N. Y. 670 ).

Davis v. Board of Elections

6 A.D.2d 390 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1958

Hotchkiss v. Smith ( 206 N. … (Matter of Hopper v. Britt, 203 N. Y. 144 ; Matter of Hopper v. Britt, 204 N.

Harradine v. Board of Supervisors

84 A.D.2d 919 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1981

Board of Supervisors of Orleans County, 73 AD2d 118 , supra; Harradine v Board of Supervisors of Orleans County, 68 AD2d 298 ). … It is not a pioneer case and had many predecessors in New York State involving the same issues (see Harradine v Board of Supervisors of Orleans County, 68 AD2d 298 , supra, and cases cited therein).

Tomlinson v. Board of Education

112 A.D.2d 576 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1985

"[A] party may not urge grounds for appeal at the appellate level which were not first raised in the court of original instance” (Matter of Van Wormer v Leversee, 87 AD2d 942, 943 ).

Crawley v. Board of Elections

218 A.D.2d 914 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1995

Rejecting petitioner’s contention that he nonetheless maintains standing to institute this proceeding in his individual capacity (see, Matter of O’Neill v Board of Elections, 48 NY2d 673 ; Matter of Davis v Dutchess County … Board of Elections, supra; Matter of Davis v Dutchess County Bd. of Elections, supra; Matter of Powers v New York State Bd. of Elections, 122 AD2d 970 , lv dismissed 68 NY2d 806 ).