Case law

Hannafey v. Board of Trustees

294 A.D.2d 365 · Appellate Division of the Supreme Court of the State of New York · May 6, 2002

Trust v Board of Zoning Appeals of Town of Hempstead, 281 AD2d 549 ; Matter of Unal v Peterson, 261 AD2d 551 ). … Here, the denial of the petitioners’ application was rationally based and, accordingly, the proceeding was properly dismissed (see Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead, 43 NY2d 801

Common Council v. Town Board

238 A.D.2d 903 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 1997

Town Bd., 169 AD2d 936, 937 ; Matter of Caruso v Moss, 161 AD2d 1038, 1038-1039 ; City of Batavia v Town of Batavia, 45 AD2d 203, 205 , lv denied 35 NY2d 644 ; Matter of City of Saratoga Springs v Town of Greenfield, 34 AD2d … , at 205; Town Bd. v City Council, 59 AD2d 1041 ; Matter of City of Saratoga Springs v Town of Greenfield, supra).

Curley v. Board of Trustees

213 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1995

If one party to a telephone conversation consents to its being taped, the other party cannot argue that his rights have been violated (see, United States v Cafaro, 480 F Supp 511 ). … Further, a caller’s consent can be inferred from the facts and circumstances surrounding the recording (see, People v Tabora, 139 AD2d 540 ; United States v Amen, 831 F2d 373, cert denied 485 US 1021 [prison inmates impliedly

Ramsdale v. Board of Supervisors

8 A.D. 550 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

(People v. Board of Apportionment, 3 Hun, 11 ; 64 N. Y. 627 ; People ex rel. Lewis v. Brush, 146 id. 60; People v. Supervisors, 73 id. 173.) … (People v. Board *553 of Police, 107 N. Y. 235 ; People ex rel. Sickles v. Becker, 3 N. Y. St. Repr. 202.)

Matter of Brown v. Kron

2018 NY Slip Op 1182 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 2018

Matter of Brown v Kron ( 2018 NY Slip Op 01182 ) Matter of Brown v Kron 2018 NY Slip Op 01182 Decided on February 21, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to … DUFFY, JJ. 2017-11813 DECISION, ORDER & JUDGMENT [*1]In the Matter of Josh Brown, petitioner, v Barry Kron, etc., respondent. Josh Brown, Alden, NY, petitioner pro se. Eric T.

Brigandi v. Board of Education

119 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1986

Under the circumstances, the penalty was not so disproportionate to the offenses as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ). Mangano, J. … P., Gibbons, Brown and Lawrence, JJ., concur.

Wakefield v. Board of Education

274 A.D. 884 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 1948

Stammer v. Board of Regents

262 A.D. 372 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1941

Board of Education v. Ambach

81 A.D.2d 691 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1981

in ample time to enable it to investigate (Matter of Baker [Board of Educ.], 309 NY 551, 557 ). … We deem it inappropriate to consider Shusterman’s claim, raised for the first time on this appeal, that the parties stipulated to be bound by the arbitration award (Matter of Tipon v Appeals Bd. of Administrative Adjudication

Regan v. Board of Education

260 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1999

Y., 249 AD2d 751, 752 ; Matter of Zinman v Board of Educ., 248 AD2d 716, 717 ). … This evidence established that the District had a procedure in place for notifying substitute teachers of their right to join the TRS during the relevant time period (see, Matter of Andrasik v Board of Educ., 255 AD2d 661

McCaffrey v. Board of Education

48 A.D.2d 853 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1975

The respondent school board relies upon the 1969 amendment in resisting petitioners’ demands. … V, § 7) to the benefit of the computation which results in a higher return (Birnbaum v New York State Teachers Retirement System, 5 NY2d 1 ).

Noel v. Board of Elections

203 A.D.2d 576 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 1994

Corp. v Village of Pomona, 142 AD2d 657 ; County Law §52; General Municipal Law § 50-e). … Board of Educ., 44 AD2d 198 , mod on other grounds 35 NY2d 534 ).

Board of Education v. Greene

112 A.D.2d 182 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1985

Moreover, while a right of reacquisition would be rendered void at common law if an attempt was made to assign it (see, Upington v Corrigan, 151 NY 143 ; Grant v Koenig, 39 AD2d 1000 ; Fausett v Guisewhite, 16 AD2d 82 ), … district (see, Education Law § 1804; Rice v Caldwell, 201 Misc 952 , affd 281 App Div 952 ; De Kay v Board of Educ., 20 Misc 2d 881 ).

Hansen v. Teachers' Retirement Board

236 A.D. 589 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1932

In Matter of Spanhake v. Teachers’ Retirement Board ( 224 App. Div. 75 ; affd., 249 N. … McMackin v. Board of Police, 107 N. Y. 235 ; People ex rel. Dady v. Coler, 171 id. 373 ; Matter of Whitman, 225 id. 1; Matter of Eiss v. Summers, 205 App. Div. 691 .)

Young v. Board of Education

1 A.D.3d 194 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2003

Cohen v Pearl Riv. … Union Free School Dist., 51 NY2d 256, 263, 265 [1980]; see also Matter of Potter v Board of Educ., 43 AD2d 248 [1974]), the order denying the petition is reversed and the matter remanded for a hearing on whether respondents

Smith v. Board of Education

150 A.D. 898 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1912

Hoerger v. Board of Education

215 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · May 30, 1995

v Board of Educ., 46 NY2d 450 , cert denied 444 US 845 ; Matter of Cooke v Board of Educ., 140 AD2d 439 ). … Bar Assn, v City of New York, 64 NY2d 188 ; see, DiBenedetto v Regan, 208 AD2d 796 ; Schmitt v Hicksville UFSD No. 17, 200 AD2d 661 ; Matter of Jacobs v Board of Educ., 64 AD2d 148 ).

Guidal v. Board of Trustees

275 A.D.2d 458 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 2000

, 90 NY2d 139, 144-145 ; Matter of Canfora v Board of Trustees, 60 NY2d 347 ; Matter of Deichler v Board of Trustees, 257 AD2d 574 ). … Board of Trustees, 246 AD2d 601 ; Matter of Fagan v Board of Trustees, 185 AD2d 341 ).

Miller v. Board of Education

37 A.D.2d 798 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 1971

Ernst Iron Works v. Duralith Corp., 270 N. Y. 165, 170 ). Further, it must be shown that the acts of defendant or its representative justified plaintiff’s reliance and that he did, in fact, rely upon them. … (Matter of Johnson v. Board of Educ., 33 A D 2d 647.) No such showing has been made.

Baker v. Board of Education

156 A.D.2d 1005 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1989

Plaintiff’s statistical evidence based upon a compilation of Board minutes between 1964 and 1988 does not support her claim because there is no meaningful way to evaluate such evidence. … Gilinsky v Columbia Univ., 429 US 1096 ).