Case law

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.

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

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]).

Atkin v. Board of Assessors

53 A.D.3d 1124 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2008

Clarke v. Board of Education

105 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1984

The penalty imposed, though severe, is not shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222 , 233), for this is a matter involving internal discipline, an area in which the agency involved … Surely termination is not an unduly excessive response to one whose teaching is substandard and who is persistently insubordinate (Matter of Root v Board of Educ., 59 AD2d 328 ), particularly where there is no indication

Bender v. Board of Trustees

91 A.D.2d 1171 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1983

Thus, as we perceive the proceeding, it rests in this posture: the landowners-developers, John and Frank Muraco have filed for a building permit to construct a minimall shopping center; the respondent village board has exercised … Such after-the-fact SEQRA review is not appropriate to accomplish the purposes of the statute (see Matter of Tri-County Taxpayers Assn. v Town Bd. of Town of Queensbury, 55 NY2d 41 ; Matter of City of Glens Falls v Board

Kaye v. Board of Education

57 A.D.2d 866 · Appellate Division of the Supreme Court of the State of New York · May 9, 1977

This the board did. … This case is distinguishable from Matter of Longarzo v Anker ( 49 AD2d 879 ).

Board of Education v. Licata

53 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1976

Matter of Williams v Walsh, supra; Fiorile v Goldman, 24 Misc 2d 944 ) need not concern us here in view of the contract between the parties which provides that "[m]ilitary leave will be granted to any teacher as provided … by Military Law” and that "[t]his agreement shall supersede any rules, regulations or practices of the Board contrary to or inconsistent with its terms.”

Ragone v. Board of Education

194 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1993

The petitioner was not entitled to a pretermination hearing pursuant to Civil Service Law § 75 since she held an unclassified and at-will position (see, Matter of Tyson v Hess, 66 NY2d 943 ; Matter of Ause v Regan, 59 AD2d … Moreover, the petitioner did not have a constitution *732 ally protected property interest entitling her to such a hearing (see, Board of Regents v Roth, 408 US 564 ; Bykofsky v Hess, 107 AD2d 779 , affd 65 NY2d 730 , cert

Dildine v. Board of Education

133 A.D. 261 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1909

By the revised charter appointments were to be made by the board of education. Promotions were to be made by the board of superintendents, subject to the approval of the *264 board of- education. … (Hoefling v. Board of Education, 120 App. Div. 545 ; Hazen v. Board of Education , 127 id.-235.)

Feinberg v. Board of Education

51 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1976

Daub v. Board of Regents

33 A.D.2d 964 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1970

article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review and annul a determination of the Board … The determination as to the son was “ on the entire record, supported by substantial evidence” (CPLR 7803, subd. 4; Matter of Sowa v. Looney, 23 N Y 2d 329, 335; Matter of Humphrey v. State Ins. Fund, 298 N.

Matthews v. Board of Elections

119 A.D.2d 783 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1986

Arnold as a candidate in the election to be held on May 6, 1986, for the public office of Member of the Community School Board in Community School District No. 18, the appeal is from a judgment of the Supreme Court, Kings

Claim of Avesato v. Morell-Brown, Inc.

7 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1958

The board found this condition to be due to the accident and thus this appeal. … Decision and award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.

Wells v. Board of Trustees

40 A.D.3d 652 · Appellate Division of the Supreme Court of the State of New York · May 1, 2007

of Sardinia, supra; Matter of McCarthy v Town of Smithtown, supra; Matter of Philger Realty Corp. v Town Bd. of Town of E. … of Halperin v City of New Rochelle, 24 AD3d 768, 775 [2005]; Matter of Philger Realty Corp. v Town Bd. of Town of E.

Skamagas v. Board of Education

280 A.D.2d 596 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 2001

County of Onondaga, 65 NY2d 664 ; Cairl v County of Westchester, 150 AD2d 749 ; Yannon v RCA Corp., 131 AD2d 843 ). … condition (see, Matter of Fierro v City of New York, supra; Matter of Klee v Board of Coop.

Hunt v. Board of Education

43 A.D.2d 397 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1974

Y. 204, 206 ), also that the nature and use of the apparatus described in this case is one of common knowledge (Miller v. Board of Educ., Union Free School Dist. No. 1, Town of Oyster Bay, 249 App. Div. 738, 739 ). … In *400 Ferrill v. Board of Educ. of Cent. School Dist. No. 1 (6 A D 2d 690), the court found that supervision was required in a playground area involving use of a slide by children ranging in age from 6 to 12.

Brown v. City of New York

2020 NY Slip Op 3721 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2020

Brown v City of New York ( 2020 NY Slip Op 03721 ) Brown v City of New York 2020 NY Slip Op 03721 Decided on July 2, 2020 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary … Her previous federal litigation, which terminated in November 2015 ( Brown v City of New York , 622 F Appx 19, 20 [2d Cir 2015]), was too remote in time ( see Cadet-Legros v New York Univ. Hosp.

Feuerstein v. Board of Education

13 A.D.2d 503 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1961

In an action to recover damages for personal injuries, and for medical expenses and loss of services, the defendant Board of Education appeals from so much of a judgment of the Supreme Court, Kangs County, rendered July 11