Case law

Torok v. Teachers' Retirement Board

262 A.D. 999 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1941

Moore v. Board of Education

274 A.D. 403 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 1948

(Matter of General Reinsurance Corp. v. Pink, 269 N. Y. 347 ; Caddy v. Interborough Rapid Transit Co., 195 N. Y. 415 .) … Y. 233, 238 ; citing Sexauer & Lemke v. Burke & Sons Co., 228 N. Y. 341, 345 .)

Ferkin v. Board of Education

253 A.D. 751 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1937

On its face it was an attempt to impinge upon the exercise of the functions of the incoming members of the board, who were elected August 1, 1934, and so was void. (Abrams v. Horton, 18 App. Div. 208 ; Mack v. … Y. 573 ; Connelly v. Commissioners, 32 Misc. 489 ; Vacheron v. City of New York, 34 id. 420.)

Brown v. New York City Transit Authority

50 A.D.3d 377 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2008

Plaintiffs argument that the verdict was irreconcilably inconsistent is unpreserved, since this issue was not raised prior to discharge of the jury (see Martinez v New York City Tr. Auth., 41 AD3d 174 [2007]). … Moreover, this matter does not present a situation where the questions of negligence and proximate cause are inextricably interwoven (see Dwight v New York City Tr.

Board of Education v. Schaefer

84 A.D.3d 795 · Appellate Division of the Supreme Court of the State of New York · May 3, 2011

School Dist. v New York State Educ. Dept., 3 AD3d 821 , 824 n 3 [2004]). … its entirety, would compel a contrary conclusion” (Application of a Student Suspected of Having a Disability, NY St Educ Dept, Off of St Review, Decision No. 08-100, at 7 n 5 [Nov. 24, 2008], citing Carlisle Area School v

Niebuhr v. Board of Assessors

143 A.D.2d 989 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1988

Matter of Brown v. Annucci

2018 NY Slip Op 508 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 2018

Matter of Brown v Annucci ( 2018 NY Slip Op 00508 ) Matter of Brown v Annucci 2018 NY Slip Op 00508 Decided on January 25, 2018 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant … Decided and Entered: January 25, 2018 525234 [*1]In the Matter of JAMES BROWN, Petitioner, v ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Weisbarth v. Board of Education

76 A.D.2d 841 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1980

Section 3813 of the Education Law is not applicable since petitioner seeks enforcement of tenure rights, a matter of public interest (see Matter of Tadken v Board of Educ., 65 AD2d 820 , mot *842 for lv to app den 46 NY2d … 711 ; Matter of Gross v Board of Educ., 73 AD2d 949 ).

Lee v. Board of Education

269 A.D. 747 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1945

Hall v. Board of Assessors

60 A.D.3d 853 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 2009

Corp. v Board of Assessors & Assessment Review Commn. of County of Nassau, 25 AD3d 693, 694 [2006]). … Recreation Ctr. v Town of Jay Bd. of Assessors, 232 AD2d 934 [1996] ; Matter of Krugman v Board of Assessors of Vil. of Atl. Beach, 141 AD2d 175, 179-180 [1988]).

Gibson v. Board of Education

68 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1979

On January 20, 1977, petitioner was suspended with pay pending a hearing before the board of education on the question of whether his dual employment was in violation of article 9-A of the Transportation Law.

Nuzzolese v. Board of Assessors

172 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1991

Therefore, the challenge was properly brought pursuant to CPLR article 78 (see, Hewlett Assocs. v City of New York, 57 NY2d 356 ; Matter of Town of Arietta v State Bd. of Equalization & Assessment, 56 NY2d 356 ; Matter of … Krugman v Board of Assessors, 141 AD2d 175 ; Matter of 22 Park Place Coop. v Board of Assessors, 102 AD2d 893 ).

Wells Fargo Bank, N.A. v. Brown

132 N.Y.S.3d 318 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 2020

Wells Fargo Bank, N.A. v Brown ( 2020 NY Slip Op 06576 ) Wells Fargo Bank, N.A. v Brown 2020 NY Slip Op 06576 Decided on November 12, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau … DUFFY BETSY BARROS, JJ. 2019-01076 (Index No. 11828/07) [*1]Wells Fargo Bank, N.A., appellant, v Michele Brown, etc., et al., respondents, et al., defendants. Leopold & Associates, PLLC, Armonk, NY (Denise L.

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).

Saal v. Board of Elections

32 A.D.2d 800 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1969

Matter of Rosenbaun v. Power, 43 Misc 2d 377 , affd. 21 A D 2d 700). In addition, there was an insufficient showing of any fraud with respect to the signatures upon the petition.

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 ).

Breen v. Board of Trustees

273 A.D. 689 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1948

There was a construction of -the pension statute under which the fire department is now operating in Matter of City of New York v. Schoeck ( 294 N. Y. 559, 566 ). … Bridges v. Adamson ( 173 App. Div. 773 , affd. 219 N.

Rees v. Teachers' Retirement Board

221 A.D. 646 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1927

The by-laws of the board in article 2 thereof provide: “ Section 5. … We believe the appointment of a secretary to the board was a mere administrative detail and could not be properly termed a decision. This distinction is made in Matter of Craig v. Matthews (238 N.

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 .)

Ortiz v. Board of Education

26 A.D.3d 158 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2006

Bronx County (Stanley Green, J.), entered April 15, 2004, which, in an action for personal injuries sustained by infant plaintiff in an assault and robbery on school property, denied plaintiffs motion to strike defendant Board … Frye v City of New York, 228 AD2d 182 [1996]). Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Malone, JJ.