Case law

Brown v. New York City Housing Authority

40 A.D.3d 511 · Appellate Division of the Supreme Court of the State of New York · May 29, 2007

It is well settled that an administrative sanction must be upheld unless it so shocks the judicial conscience as to constitute an abuse of discretion as a matter of law (Matter of Featherstone v Franco, 95 NY2d 550, 554 [ … 2000]) in its disproportion to the offense (Matter of Pell v Board of Educ. of Union Free School Dist.

Gerson v. Board of Education

214 A.D.2d 732 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1995

Waiver of a teacher’s tenure rights must be knowingly and freely given (see, Matter of Gould v Board of Educ., 81 NY2d 446, 452 ; Matter of Abramovich v Board of Educ., 46 NY2d 450, 455 ). … Moreover, the petitioner does not contend that the Board misrepresented that he was not entitled to a teaching position (cf., Matter of Gould v Board of Educ., 81 NY2d 446 , supra [teacher’s resignation ineffective because

Citibank (South Dakota), N.A. v. Brown-Serulovic

97 A.D.3d 522 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2012

; see Landau v Weissman, 78 AD3d 661, 662 [2010]). … N.A. v Sablic, 55 AD3d 651, 652 [2008]).

Boshnakov v. Board of Education

302 A.D.2d 857 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2003

Co. of Pittsburgh, Pa. v State Ins. Fund, 222 AD2d 369, 372 ). The court erred in determining that a prior judgment (denominated order) granted in August 1998, which was affirmed by this Court (Public Serv. Mut. Ins. … Co. v ITT Hartford Group, 267 AD2d 986 , lv denied 94 NY2d 763 ), conclusively establishes that PSM is solely responsible for the attorney’s fees and disbursements at issue here.

Sasson v. Board of Elections

65 A.D.3d 995 · Appellate Division of the Supreme Court of the State of New York · Sep 2, 2009

The appellant appeared in court and litigated the matter on the merits, thus waiving any challenge to service (see Matter of Gregory v Board of Elections of City of N.Y., 93 AD2d 894 [1983], affd 59 NY2d 668 [1983]; Matter … of Banks v Larkin, 39 AD2d 951 [1972]).

Burrows v. Board of Assessors

98 A.D.2d 250 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1983

Co. v State Tax Comm., 80 AD2d 675, 677 , affd 55 NY2d 758 ). … Assn. v State of New York Dept. of Agric. & Markets, 58 NY2d 1097, 1101 ).

Brown v. Flushing Federal Savings & Loan Ass'n

112 A.D.2d 185 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1985

Misc 726 , affd 213 App Div 345 , affd 244 NY 550 ; Newton v Livingston County Trust Co., 231 App Div 355 ). … Bank & Trust Co., supra, p 289; Bischoff v Yorkville Bank, 218 NY 106, 111 )” (Matter of Knox, 101 AD2d 998 , 998-999, affd 64 NY2d 434 ).

Baker v. Board of Education

267 A.D. 927 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1944

determination made by the Commissioner of Education of the State of New York which dismissed an appeal from a determination removing petitioner-appellant as custodian and engineer of public schools of New York City made by the Board … The Board found petitioner delinquent as follows: (1) incompetency and inefficiency; (2) insubordination and by use of abusive language to an assistant superintendent; (3) like conduct and language to the superintendent;

Axel v. Board of Education

56 A.D.2d 598 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1977

Matter of Board of Educ. v Nyquist, 60 Misc 2d 99 ), for example, it was held that the New York City Board of Education had improperly denied the petitioner salary credit for service as a regular substitute since, although … Matter of Lee v Board of Educ. ( 182 Misc 1011 , affd 269 App Div 747 , affd 295 NY 647 ) is inapposite.

Dannenberg v. Board of Regents

77 A.D.2d 707 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1980

Under these circumstances, the penalty of revocation was predicated upon a rational basis and did not constitute an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Dass v Board of Regents … Y., 73 AD2d 997 ), even though others guilty of such violations may have escaped with lighter penalties (Matter of Raguseo v Ambach, 67 AD2d 738, 739 , mot for lv to app den 46 NY2d 711 ).

Mester v. Board of Regents

259 A.D. 776 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1940

Doyle v. Board of Education

77 A.D.2d 799 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1980

which dismissed his CPLR article 78 petition seeking expunction from his personnel file of a letter written to him by the school principal, copies of which were sent to the chief school officer and to the president of the board … In unequivocally alleging serious misconduct quite unrelated to petitioner’s teaching ability, the letter is more a statement of charges than it is an evaluation report (but see Holt v Board of Educ., 74 AD2d 839 ).

Box v. Board of Education

60 A.D.2d 651 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1977

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Chancellor of the Board of Education of the City of New York, dated November 27, 1974, which terminated petitioner’s employment … findings of fact, on the issue of the adequacy and extent of the record forwarded to the respondent chancellor for his review of the recommendation of the chancellor’s committee pursuant to section 105a of the by-laws of the board

Cemetery Board v. Evergreens Cemetery

16 A.D.2d 60 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1962

Every cemetery subject to the jurisdiction of the Board is required to file with the Board a copy of its rules, regulations and charges. These rules may be approved, amended, or disapproved by the Board. … None of the cemeteries applied to the Board to change its rules. Upon these facts the Board sought the injunction.

Kussin v. Board of Education

278 A.D. 50 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1951

(Strum v. Board of Education of City of N. Y., 194 Misc. 182 , affd. 277 App. Div. 855 , affd. 301 N. Y. 803 ; Cottrell v. Board of Education of City of N. Y., 181 Misc. 645 , affd. 267 App. Div. 817 , affd. 293 N. … Y. 792 ; Kramer v. Board of Education of City of N. Y., 194 Misc. 128 , affd. 275 App. Div. 915 .)

Maher v. Board of Elections

297 A.D.2d 396 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 2002

Under such circumstances, she has standing as an aggrieved candidate to maintain this proceeding (see Matter of Liepshutz v Palmateer, 112 AD2d 1098 , affd 65 NY2d 963 ; Matter of Martin v Tutunjian, 89 AD2d 1034 ).

Lyon v. Board of Supervisors

115 A.D. 193 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1906

Section 12 of the County Law provides that boards of supervisors shall : “ 13. … 'We have considered all the grounds urged on plaintiff’s behalf ■against the action of th'e board of supervisors.

Fischlin v. Board of Appeals

176 A.D.2d 50 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1992

Co. v Gliedman, 57 NY2d 588, 593 ). … North Shore Equities v Fritts, 81 AD2d 985 ).

Keily v. Teachers' Retirement Board

226 A.D. 99 · Appellate Division of the Supreme Court of the State of New York · May 10, 1929

The decision below is sought to be sustained because of certain language found in Rees v. Teachers’ Retirement Board ( 247 N. … (Matter of Spanhake v. Teachers’ Retirement Board, 224 App. Div. 75 ; affd., 249 N. Y. 605 .) Under disability retirement all that the medical board does is to certify that the applicant “ ought to be retired.”

Mellon v. Board of Education

143 N.Y.S. 1130 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1913