Case law

Love v. Charles H. Brown Paint Co.

194 A.D. 211 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1920

(Oakes v. Star Co., *213 119 App. Div. 358 ; Whitney v. Rudd, 100 id. 492 .) But there is more serious objection to the proposed examination. … circumstances which he says show that the examination is necessary, -as follows: “ In the interests of justice and fair play opportunity should be given my counsel to examine under oath the above mentioned Whitney, Phillips, Brown

King v. Board of Regents

9 A.D.2d 822 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1959

Any architect who has lawfully practiced architecture for a period of more than ten years without the state may be granted a license upon passing a practical examination the character of which shall be determined by the board

O'Hagan v. Board of Trustees

72 A.D.2d 501 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1979

The article 1-B medical board recommended that petitioner O’Hagan’s application for an accident disability pension be granted. However, the article 1-B board of trustees unanimously denied his application. … (CPLR 7804, subd [h]; Matter of Newbrand v City of Yonkers, 285 NY 164, 178 ). The remaining issues raised on appeal will be held in abeyance pending the receipt of Trial Term’s report. Concur—Murphy, P.

Olivares v. Board of Education

39 A.D.3d 230 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2007

Dayton v. Board of Elections

40 A.D.2d 616 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1972

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.

Ferraro v. Board of Education

14 A.D.2d 815 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1961

Marconi v. Board of Education

215 A.D.2d 659 · Appellate Division of the Supreme Court of the State of New York · May 22, 1995

However, "the burden of proving this fact lies with the school board” (Matter of Belluardo v Board of Educ., supra, at 887). … of Kohler v Board of Educ., 142 AD2d 676, 678 ; Matter of Boylan v Town of Yorktown, 179 AD2d 753 ), less any substitute income that he earned (see, Matter of Gross v Board of Educ., 159 AD2d 465, 467 ; Matter of Hawley

Morgan v. Board of Education

201 A.D.2d 482 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1994

Thereafter, the school district or employing board, in executive session, must vote on whether probable cause for the charges does, in fact, exist (Education Law § 3020-a [2]). … If the determination of the district or board is affirmative, a written statement specifying the charges in detail, and outlining the accused employee’s rights shall immediately be forwarded to him.

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

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 ).

Hodosy v. Board of Trustees

5 A.D.3d 982 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2004

Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). … Because the two members of respondent Board of Trustees who testified at the hearing held pursuant to Civil Service Law § 75 absented themselves from respondent’s deliberations following the hearing, we reject the contention

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.

Kaufmann v. Board of Education

275 A.D.2d 890 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2000

Memorandum: Supreme Court erred in granting the motion of respondent Board of Education, City School District of Rochester (School District), to dismiss the petition on the ground that petitioner failed to exhaust her remedies … Therefore, it was not necessary for her to commence a grievance proceeding (see, Matter of Barrera v Frontier Cent. School Dist., 227 AD2d 890 ; see also, Matter of Marino v Board of Educ., 262 AD2d 321 ).

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]

Board of Education v. Board of Education

289 A.D.2d 435 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 2001

Accordingly, that branch of the motion which was for summary judgment on the first cause of action should have been granted (see, Board of Educ. v Board of Educ., 262 AD2d 439 ; North Babylon Union Free School Dist. v Brentwood … School Dist. v Brentwood Union Free School Dist., 167 AD2d 385 ). Goldstein, J. P., McGinity, H. Miller and Townes, JJ., concur.

Filipowski v. Zoning Board of Appeals

77 A.D.3d 831 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2010

Servs., 77 NY2d 753, 758 [1991]; Matter of Aronsky v Board of Educ., Community School Dist. No. 22 of City of N.Y., 75 NY2d 997, 1000 [1990]). … Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102-104 [1984]; Matter of Smiler v Board of Educ., 15 AD3d 409, 410 [2005]). The parties’ remaining contentions are without merit.

Sapione v. Board of Education

259 A.D.2d 479 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1999

667 ; Bras v Atlas Constr. … Stout, 80 NY2d 290 ; Seaman v Chance Co., 197 AD2d 612 ).

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.

Haber v. Board of Estimate

33 A.D.2d 571 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1969

In a proceeding pursuant to article 78 of the CPLR to review and annul the adoption of an amendment to the Zoning Resolution of the City of New York by the Board of Estimate of the City of New York on September 21, 1967, … Div. 985 ; Matter of Village of Russell Gardens v. Board of Zoning & Appeals of Town of North Hempstead, 30 Misc 2d 392 ). Petitioners do not fall within these parameters upon the record before us.