Case law

Breu v. Board of Education

215 A.D.2d 969 · Appellate Division of the Supreme Court of the State of New York · May 18, 1995

Further, respondent was "free, within the confines of the evidence, to make new findings and to impose discipline other than that recommended by the hearing officer” (Matter of Wiggins v Board of Educ., 60 NY2d 385, 388 ) … As a final matter, considering petitioner’s complicity with the very employees he was entrusted to supervise, we are by no means shocked by the penalty of dismissal (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 233

Seitz v. Board of Education

284 A.D. 1022 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1954

Przestrzelski v. Board of Education

71 A.D.2d 743 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1979

While infants are liable for the cost of necessaries furnished them only where their parents are unable to pay for them (International Text Book Co. v Connelly, 206 NY 188 ; see Cianci v Board of Educ., 16 AD2d 680 ), a complaint … in an action *744 against an infant for necessaries need not allege that the infant’s parents are unable to provide for him (Goodman v Alexander, 165 NY 289 ).

Colon v. Board of Education

156 A.D.2d 131 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1989

Defendant Board of Education’s duty to students arises from its physical custody over them (Pratt v Robinson, 39 NY2d 554 ). … When that custody ceases, and the child passes out of the school’s authority such that the parent is free to reassume control, the school’s custodial duty ceases (Pratt v Robinson, supra, at 560 ).

Bishop v. Workers' Compensation Board

90 A.D.2d 604 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1982

the first instance (O’Rourke v Long, 41 NY2d 219 , 228). … In any event, a settled expression of the board’s policy or a board decision on this issue is desirable before judicial redress is accorded (Board of Educ. v Nyquist, supra).

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

City Council v. Town Board

309 A.D.2d 1114 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2003

Corp. v New York State Dept. of Envtl. Conservation, 114 AD2d 233, 238 [1986] ; see also Matter of Rodriguez v Perales, 86 NY2d 361, 367 [1995]). … Corp. v Town Bd. of Town of Greenburgh, supra at 797), an appropriate form of SEQRA review of an annexation “action” is required (see Matter of Neville v Koch, supra at 426; SEQR Handbook, at 105 [1992 ed]).

Timmerman v. Board of Education

274 A.D. 934 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1948

(Smith v. Board of Education of City of N. Y., 208 N. Y. 84 ; McGarry Contr. Co. v. Board of Education of City of N. Y., 264 App. Div. 725 .) … (Silverstein v. Board of Education of City of N. Y., 190 Misc. 588 , affd. 190 Misc. 990 , affd. 273 App. Div. 990 , motion for leave to appeal denied 274 App. Div. 763 .) Present — Nolan, P.

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 ).

St. Clair Paper Manuf'g Co. v. Brown

44 N.Y.S. 625 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1897

Green v. Railroad Co., 10 Misc. Rep. 473 , 32 N. Y. Supp. 177 , affirmed 90 Hun, 607 , 35 N. Y. Supp. 1107 ; Fogg v. Fisk, 30 Hun, 61 ; Ball v. Publishing Co., 12 Civ. Proc. R. 4 . … Brown.

Wizes v. Board of Regents

34 A.D.3d 902 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 2006

’s resolution of issues of fact (see Matter of Slakter v DeBuono, 263 AD2d 695, 697 [1999]; Matter of Tames v DeBuono, 257 AD2d 784, 786 [1999]). … Moreover, issues of credibility are within the Board’s exclusive province unless the evidence fails to meet the requisite standard (see Matter of Slakter v DeBuono, supra at 697; see also Matter of Chidichimo v State Educ

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).

Santandrea v. Board of Trustees

70 A.D.3d 1238 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2010

HVCC and the Board moved to dismiss the complaint against them because they were not served with a notice of claim. Supreme Court denied the motion (Santandrea v Board of Trustees of Hudson Val. … The plain language of the statutes establishes that a notice of claim need not be served on a community college prior to commencement of an action (see Brown v North Country Community Coll., 63 Misc 2d 442, 446-447 [1970]

Hintz v. Board of Elections

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

vote in the 46th Election District, lacked standing to challenge the designating petitions with respect to all the candidates except the two candidates from the 46th Election District (see, Election Law § 6-154; Lucariello v … Niebel, 72 NY2d 927, 928 ; Matter of Cantatore v Sunderland, 196 AD2d 606, 607 ).

Reese v. Board of Trustees

28 A.D.3d 1240 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2006

Contrary to the contention of petitioner, it is immaterial that he has retired and is no longer an active employee of the College (see Matter of Board of Coop. Educ. … Servs. of Nassau County v Central Council of Teachers, 96 AD2d 598, 599 [1983]; see generally Clark, 212 AD2d 963 [1995]). Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Smith and Pine, JJ.

Smyth v. Board of Education

214 A.D. 735 · Appellate Division of the Supreme Court of the State of New York · May 15, 1925

Hoerger v. Board of Education

127 A.D.2d 88 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 1987

v Public Employees Fedn., 115 AD2d 814 ; Baker v Board of Educ., 123 AD2d 500 ), we decline to follow these cases, and concur instead with Special Term’s observation that DelCostello v Teamsters (supra) is wholly inapplicable … the Board, and agree with Justice Berman that those arguments are without merit (see also, CPLR 3211 [e]; Matter of Hoffman v Board of Educ., 84 AD2d 840 ; McDermott v City of New York, 50 NY2d 211, 218 , rearg denied 50

Pollock v. Board of Supervisors

241 A.D. 651 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1934

Determination of board of supervisors confirmed, without costs. The expenses incurred by the petitioner do not, in our opinion, fall within the terms of subdivisions 9 and 18 of section 240 of the County Law. … (Matter of Chapman v. City of New York, 168 N. Y. 80 ; N. Y. State Const. art. 8, § 10.) All concur. Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Adlerstein v. Board of Education

96 A.D.2d 1077 · Appellate Division of the Supreme Court of the State of New York · Sep 19, 1983

In Matter of McNamara v Commissioner ofEduc. ( 80 AD2d 660 ), a tenured elementary school teacher was found guilty of insubordination for refusing to complete a psychological examination in direct contravention of a board … Moreover, the reassignment to Susan Wagner High School was within the discretionary power of the board to alter teaching assignments (Matter of Board ofEduc. v Ambach, 84 AD2d 55, 58 , revd on other grounds 56 NY2d 792 ).