Case law

Guggenheimer v. Beaver Board Companies

229 A.D. 717 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1930

Berg v. Board of Education

213 A.D. 357 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1925

Co. v. Pople, 81 Hun, 383 .) … (Matter of Kiehm v. Board of Education, 203 App. Div. 245 ; People ex rel. Groton Co. v. Town Board, 92 Hun, 585 ; Civ. Prac. Act, § 1304, subds. 4, 5; Id. § 1305.)

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

Shafer v. Board of Regents

243 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1997

members of a hearing panel (accord, Matter of Briggs v Board of Regents, 188 AD2d 836, 837 , lv denied 81 NY2d 708 ). … Pirnie, 3 NY2d 188, 194-195 ; Matter of Briggs v Board of Regents, supra, at 837), requirements that the record shows to have been satisfied in this case.

Lynch v. Board of Education

56 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1977

v Monaghan, 306 NY 312 ). … Corp. v County Fed. Sav. & Loan Assn., 32 NY2d 285, 291 ). The instant case deals with a disputed informal agreement and opposing statements of fact.

Board of Education v. Nyquist

62 A.D.2d 265 · Appellate Division of the Supreme Court of the State of New York · May 4, 1978

The commissioner, relying on Matter of Jerry v Board of Educ. ( 35 NY2d 534 ), sustained the appeal holding that a board of education was not authorized under section 3020? … Board of Educ. v Associated Teachers of Huntington, 30 NY2d 122, 131-132 ; cf.

Moore v. Board of Education

22 A.D.2d 919 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1964

In an action to recover damages for personal injury and loss of services sustained as -a consequence of ¡the alleged negligence of the defendant Board of Education of the City of New York, the said defendant appeals from … The use of a stairway without incident over a long period of time negates the possibility .that it was improperly constructed (Brown v. Mutual Life Ins. Co., 273 App. Div. 817 , affd. 298 N. Y. 675 ). Beldock, P.

Rodriguez v. Board of Assessors

53 A.D.2d 788 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1976

(Matter of Shanty Hollow Corp. v Poladian, 23 AD2d 132, 133 , affd 17 NY2d 536 ; Matter of Watson Blvd. Apts. v Huffcut, 23 AD2d 508 ). … Our decision in Matter of Van Patten v Board of Assessors of Town of Clifton Park ( 33 AD2d 323 ) is distinguishable from the present case.

Abramson v. Board of Education

120 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · May 5, 1986

A discharged public employee cannot recover back pay unless he proves his right to the position from which he was discharged in a proceeding pursuant to CPLR article 78 (see, Austin v Board of Higher Educ., 5 NY2d 430 ; Piro … v Bowen, 76 AD2d 392 ; see also, Matter of Golomb v Board of Educ., 92 AD2d 256 ).

Merolo v. Board of Managers

3 A.D.3d 520 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2004

Corp., 75 NY2d 530, 537 [1990]; Hochman v 35 Park W. Corp., 293 AD2d 650, 651 [2002]). … In opposition, the plaintiff failed to present any competent evidence sufficient to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

O'Connor v. Board of Education

11 A.D.3d 616 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 2004

971 [2003]; Matter of Levine v Board of Educ. of City of N.Y., 272 AD2d 328 [2000]). … Contrary to the petitioner’s contention, her claim sought to vindicate a private right and thus, the filing of a notice of claim was a condition precedent to the commencement of this proceeding (see Sangermano v Board of

Gilbert v. Board of Estimate

177 A.D.2d 252 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1991

After the Board of Estimate’s public hearing on October 12, 1989, the Board of Estimate approved the designation. … at the time of these proceedings (compare, Ryan v New York Tel.

South Seas Yacht Club v. Board of Assessors & Board of Assessment Review

136 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1988

; Matter of Consolidated Edison Co. v City of New York, 44 NY2d 536 ). … The intent of the affixing party which the *539 law deduces from the circumstances, rather than the subjective intent of the parties, is controlling (see, Matter of Capri Marina & Pool Club v Board of Assessors, 84 Mise 2d

Brown v. New York City Housing Authority

48 A.D.3d 388 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2008

To vacate the order dated July 5, 2006 the plaintiff was required, inter alia, to demonstrate a reasonable excuse for her default in opposing the NYCHA’s motion, (see Gironda v Katzen, 19 AD3d 644 [2005]; Antoku v Grace Indus … However, the plaintiff failed to provide a reasonable excuse for her failure to oppose the motion (see Scoca v Bon Realty Corp., 284 AD2d 388 [2001]).

Osborn v. Board of Regents

199 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1993

These findings and recommended penalty ultimately were accepted by respondent *863 Board of Regents. … Assuming that exclusion of this testimony was error (cf., Matter of Girard v City of Glens Falls, 173 AD2d 113, 116 , lv denied 79 NY2d 757 ), based upon our review of the record we are satisfied that any error in this regard

Beaton v. Crime Victims Board

213 A.D.2d 354 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1995

—Determination of respondent Crime Victims Board, dated May 23, 1993, which, insofar as appealed from, denied petitioner’s claim for lost earnings, unanimously confirmed, the petition denied, and the proceeding brought pursuant … petitioner failed to produce any documentation of lost earnings at the hearing, respondent’s determination that he had no lost wages is supported by substantial evidence (see, Matter of New York State Dept. of Audit & Control v

O'Hagan v. Board of Trustees

80 A.D.2d 506 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1981

Of the disqualified trustees, only Reilly, Sforza, Mancuso and Martin remain upon the present board. … This court may not assume the power that is thus vested in the board (Administrative Code of City of NY, §§ B19-7.56, B19-7.84; Matter of Meschino v Lowery, 34 AD2d 255, 257-259 ).

Daly v. Board of Trustees

190 A.D.2d 848 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1993

The evidence in the present record does not establish, as a matter of law, that such a causal relationship existed (see generally, Matter of Canfora v Board of Trustees, 60 NY2d 347 ; Matter of Fagan v Board of Trustees, … 185 AD2d 341 ; Matter of Causarano v Board of Trustees, 178 AD2d 474 ; Matter of Shedd v Board of Trustees, 177 AD2d 632 ; Matter of Gehm v Board of Trustees, 158 AD2d 687 ; Matter of Russo v Board of Trustees, 143 AD2d 674

Bernstein v. Board of Appeals

31 A.D.2d 650 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1968

Manhattan Storage & Warehouse Co. v. Lilly, 299 N. Y. 281, 285 ; D.P.C. of North Shore v. Myrtle Mattress & Clothing Co., 24 A D 2d 722; cf. Johnson v. Anderson, 15 N Y 2d 925); appeal dismissed, with $10 costs.

Claim of Brown v. New York City Department of Correction

74 A.D.3d 1592 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2010

He failed to raise this issue before the Board, however, and it is accordingly unpreserved for our review (see Matter of Bond v Suffolk Transp. … As the Board was free to credit that opinion over medical evidence to the contrary, substantial evidence supports its determination (see Matter of Tienken v Dancing Waters, 86 AD2d 911 [1982]).