Case law

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

Lansner v. Board of Elections

143 A.D.2d 236 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1988

the statutory time period is not required provided the petitioner has acted with due diligence to commence the proceeding (see, Matter of Pell v Coveney, 37 NY2d 494 ). … We have recently held that petitioners who act within five days of such notice from the Board have established due diligence (see, e.g., Matter of Fortes v English, 133 AD2d 193 , lv denied 70 NY2d 604 ; Matter of Carr v

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 ).

Richards v. Board of Elections

54 A.D.3d 430 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2008

Hanney v Commissioners of Elections of Westchester County, 59 AD2d 707 [1977]). Skelos, J.P., Lifson, Florio, Covello and Balkin, JJ., concur.

Colonna v. Board of Standards

166 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1990

Zoning boards are vested with great discretion, and the court’s function is limited (see, Matter of Consolidated Edison Co. v Hoffman, 43 NY2d 598 ; Matter of Town of Bedford v Village of Mount Kisco, 33 NY2d 178 ; Matter … Bockman, supra; Matter of Kallas v Board of Estimate, 90 AD2d 774 , affd 58 NY2d 1030 ).

Sherman v. Board of Education

218 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 1995

The petitioner argues, inter alia, that the determi *810 nation is not supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135 ; Matter of Pell v Board of Educ., 34 NY2d 222 ). We disagree. … The penalty of dismissal is not so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, Matter of Linfield v Nyquist, 48 NY2d 1005 ; Matter of Pell v Board of Educ., supra).

Wende v. Board of Supervisors

203 A.D. 510 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1922

The Legislature evinced a clear intent to exercise its discretion in fixing the salary of this new office, and has not since by any express grant relinquished that power to the board of supervisors. (Spring v. … Judgment reversed, with costs, and judgment directed in favor of the plaintiff, with costs, declaring the action of the board invalid and restraining the payment of the increased salary.

Smith v. Board of Education

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

McNeil v. Board of Supervisors

131 A.D. 126 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1909

(See Patten v. Harris, 10 Wend. 623 ; Miller v. Heath, 7 Cow. 101 ; Fishery. Gould, 81 N. Y. 231 ; Osgood v. Whittelsey, 20 How. Pr. 72 ; Norwood v. Harris, 69 N. C. 204 .)

Ragusa v. Board of Elections

57 A.D.3d 807 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2008

’s “alleged erroneous . . . determination was made” (Election Law § 16-106 [5]; see Matter of Alessio v Carey, 10 NY3d 751, 753 [2008]). … Matter of Alessio v Carey, 10 NY3d 751 [2008]). Mastro, J.P., Florio, Balkin and Dickerson, JJ., concur.

Wende v. Board of Supervisors

206 A.D. 732 · Appellate Division of the Supreme Court of the State of New York · May 15, 1923

(Swan v. Stiles, 94 App. Div. 117 ; Frey v. N. Y. C. & H. R. R. R. Co., 114 id. 623; Cooper v. N. Y., L. & W. R. Co., Nos. 1 & 2, 122 id. 128; Bradshaw v. City of Jamestown, 125 id. 86.) All concur.

Planning Board of Town of North Elba v. Zoning Board of Appeals

75 A.D.2d 686 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1980

The town and its planning board appealed a determination of the zoning board of appeals, contending that the zoning board of appeals did not have jurisdiction in the circumstances according to a local! … Cramer, 38 AJD2d 774; see, also, Great Neck Pennysaver v Central Nassau Pub., 65 AD2d 616 ).

Sarsfield v. Board of Assessors

240 A.D.2d 506 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1997

Perry, 230 AD2d 802 ; Matter of Fox Meadow Partners v Board of Assessment Review, 227 AD2d 400 ). … Accordingly, the Board’s determination that the petitioners’ noncompliance was willful was supported by the record (see, Matter of Town of Babylon v Perry, supra; Matter of *507 Fox Meadows Partners v Board of Assessment

Cusack v. Board of Education

79 N.Y.S. 803 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1903

In May the board of education of the city of New York, created by the Greater New York Charter, claims to have reorganized the evening high schools of the borough of Brooklyn. … It is only necessary to show that the board has acted without warrant of law. People v. Scannell, 48 App. Div. 69 , 62 N. Y. Supp. 682 . There were four evening high schools before May, 1902.

Board of Education v. Cohen

73 A.D.2d 660 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1979

Forte v. Board of Assessors

57 A.D.2d 915 · Appellate Division of the Supreme Court of the State of New York · May 23, 1977

The revaluation of all real estate parcels in Nassau County, in accordance with the principles set forth in Matter of Hellerstein v Assessor of Town of Islip ( 37 NY2d 1 ) and 860 Executive Towers v Board of Assessors of

Haggerty v. Board of Elections

218 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1995

The petitioner lacked standing to challenge the designating petitions because he was not enrolled to vote in the same election district as any of the candidates (see, Election Law § 6-154; Lucariello v Niebel, 72 NY2d 927 … , 928 ; Matter of Cantatore v Sunderland, 196 AD2d 606, 607 ).

Brown v. 1580 St. John's Place, Inc.

44 A.D.2d 705 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1974

plaintiff leave to amend the complaint to the extent of pleading a cause of action for strict liability in tort; (2) defendant Bock also appeals from a further part of the order, one which granted leave to coplaintiff Ann Brown … Greenwald, Inc., to amend their pleadings to set forth claims based on strict liability in tort, for the reasons set forth by them, respectively, in their separate dissenting opinions in Rivera v.

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 ).

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