Case law

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.

McNeil v. Board of Supervisors

123 A.D. 622 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1908

The proposed supplemental complaint alleges such audit, allowance and payment by the defendant and county treasurer to be illegal official acts beyond the powers conferred upon them by law and not charges which the said board … This conclusion is supported by Latham v. Richards ( 15 Hun, 129 ) and the authorities therein . cited.

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.

Anilyan v. Board of Education

115 A.D.2d 515 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1985

. *516 Defendants cannot be held liable in this matter absent a special duty owed to plaintiff (see, e.g., Vitale v City of New York, 60 NY2d 861, 863 , rearg denied 61 NY2d 759 ; Glick v City of New York, 53 AD2d 528 , affd … The facts testified to by plaintiff at the Comptroller’s hearing are insufficient to raise a genuine issue as to the existence of such a duty (see, Corcoran v Community School Dist. 17, 114 AD2d 835 ). Lazer, J.

Shannon v. Board of Trustees

92 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 1983

In addition, the Court of Appeals, in Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept, of City ofN.Y., Art. … (see, also, Matter of Schussler v Codd, 91 AD2d 890 ; Matter of Cardone v Codd, 91 AD2d 909 ; Rinaldi v Board of *529 Trustees ofN. Y.

Marcus v. Board of Trustees

62 A.D.3d 799 · Appellate Division of the Supreme Court of the State of New York · May 12, 2009

Matter of Buckley v Town of Wappinger, 12 AD3d 597, 598 [2004]; Town of Smithtown v Haynes, 278 AD2d 312, 313-314 [2000]). … [1987]; see Matter of Sterling Concerned Citizens v Pell, 204 AD2d 730, 731 [1994]).

Cafiero v. Board of Education

284 A.D.2d 330 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 2001

This proceeding was improperly brought before the petitioner exhausted his administrative remedies (see, Plummer v Klepak, 48 NY2d 486 , cert denied 445 US 952 ; Matter of Gamma v Bloom, 274 AD2d 14 ). … The petitioner failed to do so, and therefore he may not bring this proceeding (see, Levine v Board of Educ., 186 AD2d 743 ). Goldstein, J. P., McGinity, Schmidt and Smith, JJ., concur.

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.

Lorenzo v. Board of Education

104 A.D.2d 621 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1984

By order dated October 3, 1983, this court remitted this matter to the respondent for clarification of the hearing officer’s factual findings (Matter of Lorenzo v Board of Educ., 97 AD2d 415 ). … Board of Educ., 34 NY2d 222 ).

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 ).

Layne v. Eastchester Planning Board

75 A.D.3d 643 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2010

Contrary to the petitioners’ contention, the Planning Board’s determination had a rational basis and was not arbitrary, capricious, or contrary to law (see CPLR 7803 [3]; Matter of Pecoraro v Board of Appeals of Town of Hempstead … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]; Matter of Schumacher v Town of E. Hampton, N.Y.

Lee v. Board of Education

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

Salmond v. Board of Education

131 A.D.2d 829 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1987

City of New York, 60 NY2d 861 , rearg denied 61 NY2d 759 ; Ferrara v Board of Educ., 116 AD2d 693 ; Corcoran v Community School Dist. 17, 114 AD2d 835 ). … Board of Educ., 18 AD2d 406 , affd 15 NY2d 746 ).

Levitch v. Board of Education

212 A.D. 598 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1925

(Hagan v. City of Brooklyn, 126 N. Y. 643 ; Walters v. City of New York, 119 App. Div. 464 ; affd., 190 N. Y. 375 ; Thomson v. Board of Education, 201 id. 457 .) … (Bullock v. Cooley, 225 N. Y. 566 ; Barringer v. Powell, 230 id. 37.) The judgment and order appealed from should be affirmed, with costs. Present—Kelly, P. J., Manning, Kelby, Young and Kapper, JJ.

Roman v. Board of Education

9 A.D.3d 305 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 2004

lies at defendant’s door’ ” (Dermatossian v New York City Tr. … Lenox Hill Hosp., 232 AD2d 184, 185-186 [1996], affd 90 NY2d 953 [1997] for reasons stated below, see also Lo Presti v Hospital for Joint Diseases, 275 AD2d 201, 203 [2000]).

Davis v. Board of Education

273 A.D. 701 · Appellate Division of the Supreme Court of the State of New York · May 24, 1948

Plaintiff is a teacher of mathematics in the High School of Science, under the jurisdiction of the defendant Board of Education of the City of New York. She is on a regular salary of less than $10,000 per annum. … The superintendent of schools is authorized to grant absences without pay, and a resolution of the defendant Board of Education provides that a teacher shall receive her full salary during the summer vacation period provided

Milevoi v. Conciliation & Appeals Board

137 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1988

However, we conclude that the penalty of expulsion of the entire building from the Rent Stabilization Association constituted an abuse of discretion under the circumstances of this case (see, Matter of Pell v Board of Educ … P., Brown, Harwood and Balletta, JJ., concur.

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 ).

Genser v. Board of Zoning Appeals

65 A.D.3d 1144 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 2009

Thus, the determination of a zoning board should be sustained upon judicial review if it has a rational basis and is not arbitrary and capricious (see Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Pasceri v … Moreover, the Zoning Board “was entitled to consider the effect its decision would have as precedent” (Matter of Gallo v Rosell, 52 AD3d 514, 516 [2008]).

Baylis v. Board of Education

80 A.D.2d 610 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 1981

special education teacher were not preceded by inspection of his work and consultation with him by an assistant superintendent or her supervisory designee, as required by section 41 (subd 3, par [e]) of the by-laws of the Board … of Education of the City of New York (see Matter of Longarzo v Anker, 49 AD2d 879 ).