Case law

BROWN, NATHAN v. PRACK, ALBERT

Appellate Division of the Supreme Court of the State of New York · Feb 3, 2017

IN THE MATTER OF NATHAN BROWN, PETITIONER, V MEMORANDUM AND ORDER ALBERT PRACK, DIRECTOR OF SPECIAL HOUSING, R. … NATHAN BROWN, PETITIONER PRO SE. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS.

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 ).

Kaplan v. Board of Education

56 A.D.2d 869 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1977

; Matter of Mitchell v Board of Educ., 40 NY2d 904 ; Matter of Blum v Board of Educ., 52 AD2d 604 , affd 39 NY2d 984 ). … Board of Educ., supra, p 463; Matter of Mitchell v Board of Educ., supra).

Engelke v. Brown Rudnick Berlack Israels, LLP

45 A.D.3d 324 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 2007

Bennett, 958 So 2d 1088, 1092 [Fla Dist Ct App, 4th Dist 2007]; Resolution Trust Corp. v Holland & Knight, 832 F Supp 1528 [1993]; Fla Rules Professional Conduct rule 4-1.9 [a]; Weil, Gotshal & Manges, LLP v Fashion Boutique … of Short Hills, Inc., 10 AD3d 267 [2004]; Krouner v Koplovitz, 175 AD2d 531, 532 [1991]).

Moore v. Board of Education

116 A.D.2d 273 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1986

Neer v Board of Educ., 61 AD2d 1014 ). … Board of Educ., 46 NY2d 450, 455 , cert denied 444 US 845 ; Matter of Feinerman v Board of Coop.

Brancato v. Zoning Board of Appeals

30 A.D.3d 515 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2006

O’Donoghue, Monna MacLellan, Alan Brown, and Marion Brown to revoke the building permit issued to the petitioner, Thomas O’Donoghue, Monna MacLellan, Alan Brown, and Marion Brown appeal from a judgment of the Supreme Court … Garden v Board of Stds. & Appeals of City *516 of N.Y., 91 NY2d 413, 419 [1998]).

Benveniste v. Board of Education

48 A.D.2d 833 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1975

Education of the City of New York (see Matter of Ambrose v Community School Board No. 30, 48 AD2d 654 ). … Y., 48 AD2d 835 , and Matter of Kindman v Community School Board No. 19, Kings, 48 AD2d 834 ).

Board of Education v. Nyquist

71 A.D.2d 757 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 1979

Resort to the court for a resolution of that issue is disruptive of the statutory scheme, and an unwarranted intrusion on the powers delegated by the Legislature to the commissioner” (Union Free School Dish of Tarrytowns v … Jackson, 93 Mise 2d 53, 58; see Matter of Reiss v Abramowitz, 39 AD2d 916 ).

Zeidler v. Board of Supervisors

35 A.D.2d 54 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1970

We may not substitute our judgment for that of the respondent (Matter of Miller v. Kling, 291 N. Y. 65, 69 ; Matter of Weinstein v. Board of Regents, 292 N. Y. 682 ; CPLR 7803, subd. 4). … The question is whether a reasonable person might conclude that the petitioner was guilty of misconduct in office (Matter of Tompkins v. Board of Regents, 299 N. Y. 469, 474 ; Matter of Sowa v.

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.

Capone v. Board of Education

245 A.D.2d 1045 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1997

A notice of claim is not a condition precedent to a special proceeding pursuant to CPLR article 78 *1048 seeking enforcement of a “clear specific legal duty” (Matter of Piaggone v Board of Educ., 92 AD2d 106, 108 ; see, Matter … of Mutschler v Board of Educ., 177 AD2d 629, 630 ).

DeMeo v. Board of Education

162 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1990

On August 10, 1987, the respondent Board of Education of the Massapequa Union Free School District, using an eligibility list, appointed the petitioner Craig S. DeMeo to the position of custodian. … petitioner was not notified of his discharge prior to the expiration of his probationary period, he became a permanent appointee and could not be discharged without a hearing pursuant to Civil Service Law § 75 (Matter of Albano v

Matter of Brown v. Annucci

146 A.D.3d 1257 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2017

BROWN, Petitioner, v MEMORANDUM AND JUDGMENT ANTHONY J. … Brown, Auburn, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J.

Brown v. Village Mobil Service Station, Inc.

167 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1990

Judgment, Supreme Court, New York County (Harold Galloway, J.), entered on March 28, 1990, which, after a jury trial on liability and a stipulation on damages, awarded plaintiff Peggy Brown damages in the amount of $250,000 … The following day, as the vehicle was being driven by plaintiff Matos, with plaintiff *159 Brown and another person as passengers, the brakes "locked”, causing the car to skid and spin into a guardrail.

Rapisardi v. Board of Education

242 A.D. 647 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1934

Whether the board of education failed to use reasonable care in permitting the bat in question to be used under the circumstances shown, is a question for the jury. Lazansky, P.

Board of Managers of Greens of North Hills Condominium v. Board of Assessors

202 A.D.2d 417 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1994

Co. v Town of Brookhaven, 889 F2d 428, 431; Matter of 22 Park Place Coop, v Board of Assessors, 102 AD2d 893 ; Matter of Bauer v Board of Assessment Review, 114 Misc 2d 640, 641 , affd 91 AD2d 1097 ). … Co., supra, at 765; cf., Matter of Averbach v Board of Assessors, supra, at 1151; New York Pub. Interest Research Group v Board of Assessment Review, supra, at 128).

Slocum v. Board of Education

101 A.D.2d 969 · Appellate Division of the Supreme Court of the State of New York · May 24, 1984

Board ofEduc., 51 NY2d 855, 858 ). … Comm., 44 NY2d 352, 358 ; Matter of Castaways Motel v Schuyler, 24 NY2d 120, 126-127 ). For like reasons, the argument that petitioner is guilty of laches must also be rejected. ¶ Order affirmed, without costs.

Goodrich v. Board of Education

137 A.D. 499 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1910

(See Union Bag & Paper Co. v. Allen Bros. Co., 94 App. Div. 598 .) … been paid by the board of education.

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

Schimmel v. Board of Education

111 A.D.2d 966 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1985

v Board of Educ., 95 AD2d 890 ). … Servs., 89 AD2d 329, 335-336 ; Matter of Silver v Board of Educ., 46 AD2d 427, 430 ).