Case law

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.

Board of Education v. Sobol

182 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1992

Petitioner Board of Education of Shenendehowa (hereinafter petitioner) consented but respondent Board of Education of Waterford refused, stating instead that it would permit all students then enrolled in Shenendehowa to continue … School Dist. v Commissioner of Educ. of State of N. Y., supra).

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.

Haynes v. Board of Education

57 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · May 31, 1977

Matter of Bowman v Board of Educ., 51 AD2d 544 ; Matter of Ebner v Board of Educ., 51 AD2d 799 ; Matter of Goldman v Board of Educ., 44 AD2d 828 ; Matter of Marcato v Board of Educ., 40 AD2d 978 ). Cohalan, J. … the action, this court should not sanction or encourage any delay in the hearing or disposition of the proceedings by directing reimbursement of back pay during the period involved in the delay (see Matter of Yeampierre v

Maracallo v. Board of Education

21 A.D.3d 318 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 2005

Victor, J.), entered on or about March 12, 2004, upon a jury verdict in favor of plaintiff as administratrix of the estate of her deceased son and against defendant-appellant Board of Education, as apportioned and reduced … while on a school outing, along with other actions by defendant in the aftermath of the accident, fail to state a cause of action in that she does not allege contemporaneous or consequential physical injury (see Johnson v

Zeller v. Board of Education

189 A.D.2d 877 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1993

The appeal, therefore, is dismissed (see, CPLR 5701 [b] [1]; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813 ; Cirasole v Simins, 48 AD2d 795 ; Hawley v Town of Aurora, 41 AD2d 588 ). Thompson, J.

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.

Brown v. New York City Housing Authority

250 A.D.2d 719 · Appellate Division of the Supreme Court of the State of New York · May 18, 1998

Moreover, the Supreme Court properly precluded the defendant from seeking contribution from the infant plaintiff’s mother on a theory of negligent supervision (see, LaTorre v Genesee Mgt., 90 NY2d 576 ; Nolechek v Gesuale … City of New York, 228 AD2d 566 ; O’Brien v Covert, 187 AD2d 419 ).

Chasalow v. Board of Assessors

202 A.D.2d 499 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1994

Under such circumstances, we conclude that the petitioners failed to establish a *502 constitutional violation in the manner in which Nassau County assesses Class I property (see, Matter of Board of Mgrs. v Board of Assessors … Assocs. v Board of Assessors, 45 Misc 2d 184 , affd 22 AD2d 1015 , affd 16 NY2d 779 ; Matter of Mid-Island Shopping Plaza v Podeyn, 25 Misc 2d 972 , supra).

BROWN, MICHAEL J., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER MICHAEL J. BROWN, DEFENDANT-APPELLANT. BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT. … v Bond, 239 AD2d 785, 786, lv denied 90 NY2d 891).

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.

Armstrong v. Board of Education

72 A.D.2d 601 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1979

Subsequent to the board’s action, petitioner continued to be a teacher of special education, as he had been during the previous school year. … was not until June 30, 1977, the date petitioner’s employment was actually terminated, that the board’s action had an impact upon him (see Matter of Wininger v Williamson, 46 AD2d 689 ).

Marcato v. Board of Education

40 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1972

Matter of Mitthauer v. Patterson, 8 N Y 2d 37; Matter of Tessier v. Board of Educ. of Union Free School Dist. No. 5, 24 A D 2d 484; Matter of Brink, 7 Educ. Dept. Rep. 9). Munder, Acting P.

Massari v. Board of Trustees

213 A.D.2d 648 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1995

"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 ).

Weisman v. Teachers' Retirement Board

23 A.D.2d 113 · Appellate Division of the Supreme Court of the State of New York · May 4, 1965

Petitioner has been employed as an elementary school teacher by the Board of Education of the City of New York for over 37 years. … We doubt his qualifications, at least legally, to render what is in essence a medical diagnosis (Wyse v. Wyse, 155 N. Y. 367 ; Matter of Lindou, 241 App. Div. 819 ; Tarrock v. City of Kingston, 279 App. Div. 693 ).

Amaya v. Board of Education

43 A.D.3d 837 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2007

Krey v. Board of Education

202 A.D.2d 397 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1994

The proper charge, and the one given by the court, was PJI 2:227, which provides that the Board of Education has "a duty to exercise the same degree of care toward the students in its custody as a reasonably prudent parent … would exercise under comparable circumstances” (Sprecher v Port Washington Union Free School Dist., 166 AD2d 700 ; see, Lawes v Board of Educ., 16 NY2d 302 ). *398 The plaintiffs’ remaining contentions are unpreserved for

Fafard v. Board of Education

273 A.D. 788 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1947

Goetschius v. Board of Education

281 A.D.2d 416 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 2001

inaudible to the public audience (see, Matter of Goetschius v Board of Educ., 244 AD2d 552 ). … Fixing the appropriate remedy for the Board of Education’s actions is expressly a matter of judicial discretion (see, Matter of Sanna v Lindenhurst Bd. of Educ., 85 AD2d 157 , affd 58 NY2d 626 ).

Oakwood Co. v. Planning Board

89 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1982

(See Matter ofOzols v Henley, 81 AD2d 670 ; Holmes v Planning Bd. of Town of New Castle, 78 AD2d 1,13.) … Corp. v Planning Bd. of Town of Huntington, supra.) The planning board has not appealed from that direction.