Case law

Salva v. Board of Regents

89 A.D.2d 936 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1982

Smelyansky v. Zoning Board of Appeals

83 A.D.3d 1267 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2011

Reviewing courts must refrain from substituting their own judgment for the reasoned judgment of a zoning board, even if the court would have decided the matter differently in the first instance (see Matter of Pecoraro v Board … see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at 613 ; Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 AD3d 949, 950 [2010]); the key is rationality (see Matter of Sasso v Osgood

Perlman v. Board of Appeals

173 A.D.2d 832 · Appellate Division of the Supreme Court of the State of New York · May 31, 1991

(see, Matter of Armonas v Pratt, 138 AD2d 697 ; Lander v Wilson, 100 AD2d 896 ). … P., Brown, Eiber and Harwood, JJ., concur.

Iannucci v. Board of Supervisors

27 A.D.2d 346 · Appellate Division of the Supreme Court of the State of New York · May 2, 1967

Weighted voting as thus far presented to this court (and see Graham v. Board of Supervisors of Erie County, 18 N Y 2d 672, 674) cannot satisfy the mandate of Reynolds v. Sims ( 377 U. … (See Davis v. Board of Supervisors of Clinton County, 28 A D 2d 583 [decided herewith].)

Claim of Brown v. Guilderland Central School District

82 A.D.3d 1523 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 2011

Sutter French Confections, 32 AD2d at 982 [internal quotation marks omitted]; see Matter of Freer v New Process Gear, 237 AD2d 869, 870 [1997]; Matter of McIntosh v Healy Constr. … Ordered that the decision is reversed, without costs, and matter remitted to the Workers’ Compensation Board for further proceedings not inconsistent with this Court’s decision.

Gross v. Board of Education

159 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1990

By judgment dated September 9, 1985, subsequently affirmed by this court (Matter of Gross v Board of Educ., 132 AD2d 609 ), the Supreme Court, Westchester County, directed, inter alia, that a hearing be held with respect … J., Brown, Kooper and Miller, JJ., concur.

Monreal v. Administrative Review Board of State Board for Professional Medical Conduct

52 A.D.3d 986 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2008

The charges against petitioner were deemed admitted because of his failure to respond, and the Hearing Committee of the State Board for Professional Medical Conduct (hereinafter Committee) subsequently revoked his license … Conduct, 7 AD3d 840, 841 [2004], quoting Matter of Spartalis v State Bd. for Professional Med. Conduct, 205 AD2d 940, 942 [1994], lv denied 84 NY2d 807 [1994]; see Matter of Insler v State Bd. for Professional Med.

Baskin v. Zoning Board of Appeals

48 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · May 12, 1975

of Kropf v Brooks, 17 AD2d 829, 830 ; see, also, Matter of Davison v Segur, 24 AD2d 797 ). … the board was of a character that afforded a basis for the determination at which it arrived” (Matter of Streit v Murdock, 249 App Div 791 ).

Rock v. Sear-Brown Associates, P. C.

136 A.D.2d 894 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1988

Co., 148 NY 117 ) and that defendant’s employee policy manual does not contain an express limitation on defendant’s right to terminate such employment (see, Sabetay v Sterling Drug, 69 NY2d 329 ; Murphy v American Home Prods … Corp., 58 NY2d 293, 305 ; Buffolino v Long Is. Sav. Bank, 126 AD2d 508, 509 ; Collins v Hoselton Datsun, 120 AD2d 952 ; Patrowich v Chemical Bank, 98 AD2d 318, 322-323 , affd 63 NY2d 541 ).

Pacer, Inc. v. Planning Board

217 A.D.2d 47 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1995

In August 1983 petitioner acquired a boarding house located at 24 Roberts Street in the City of-Middletown, Orange County, and has used it continuously as a boarding house since that time. … , 61 NY2d 892 ; Matter of C & B Realty Co. v Town Bd., 139 AD2d 510 ).

Montgomery v. Board of Assessment Review

30 A.D.3d 747 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 2006

Board of Assessors of Town of Huron, 10 Misc 3d 473, 474 [2005]; see Matter of Kondrup v Assessor of Town of Binghamton, 3 AD3d 625, 627 [2004]). … Board of Assessors of Town of Delhi, supra at 1153).

White v. Board of Education

240 A.D. 989 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1933

J., and Carswell, J., dissent and vote to *990 affirm on the ground that there was no proof that the board of education had failed in its duty to plaintiff to keep the building in a reasonably safe condition.

Pfeffer v. Board of Education

87 A.D.2d 595 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1982

(See Cleary v Kenny Scow Corp., 57 AD2d 313 .) Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

Corvetti v. Board of Assessors

210 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1994

Also before the court were the assessment ratios for each year, the accuracy of which respondents must be deemed to have admitted (see, RPTL 716; Matter of Johnson v Town of Haverstraw, 102 AD2d 451, 461 ). … Hence, petitioners are entitled to an additional allowance of $2,500 (see, RPTL 722 [2]; Matter of Jacobs v Board of Assessors, 73 AD2d 810 ). Mikoll, J. P., Crew III and Casey, JJ., concur.

Epstein v. Board of Appeals

222 A.D.2d 396 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1995

Review of the decision of the Zoning Board of Appeals of the Village of Kensington (hereinafter the Board) concerning the petitioners’ /plaintiffs’ application for a variance is limited to whether the Board’s decision has … A court may not substitute its discretion for that of the Board’s unless the Board’s decision is arbitrary or contrary to law (see, Matter of Brucia v Planning Bd., 157 AD2d 657 ).

Mohammad v. Board of Managers

262 A.D.2d 76 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 1999

discrimination under New York’s Human Rights Law (Executive Law § 296), by alleging that, in the aftermath of their participation in proceedings before the Human Rights Commission involving their employer, defendant condominium board … , their employer has on numerous occasions harassed and intimidated them with a retaliatory motive (see, Executive Law § 296 [1] [e]; [7]; see also, True v New York State Dept. of Correctional Servs., 613 F Supp 27 ).

Sisco v. Board of Trustees

288 A.D.2d 230 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2001

Contrary to the petitioner’s contention, there is no evidence that the respondent Board of Trustees of the Village of Haverstraw (hereinafter the Board) ceded its decision-making authority to the Village of Haverstraw Police … Furthermore, the Board’s determination was supported by substantial evidence in the record, including the petitioner’s admissions made at his plea allocution on the related criminal charges (see, Matter of Lahey v Kelly,

Nagel v. Board of Education

83 A.D.2d 852 · Appellate Division of the Supreme Court of the State of New York · Aug 10, 1981

Thereafter, the board of education was advised that effective September 1,1979, a position of junior high school science teacher (grades 7-9) would become vacant. … Pursuant to the Rules of the Board of Regents, “all probationary appointments to professional education positions made by a board of education or a board of cooperative educational services by resolution on or after August

Lubin v. Board of Education

119 A.D.2d 497 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1986

In any event, this is a decision to be made by the administrative authority (Matter of Howard v Wyman, 28 NY2d 434 ). … However, petitioner is entitled to an administrative determination, one way or the other (Klostermann v Cuomo, 61 NY2d 525, 540 ).

Bauer v. Board of Education

285 A.D. 1148 · Appellate Division of the Supreme Court of the State of New York · May 2, 1955

(Rosen v. Washington Baths, 258 App. Div. 744 ; Lee v. Board of Edue. of City of N. 7., 263 App. Div. 23 ; Bradley v. Board of Edue. of City of Oneonta, 274 N. Y. 473 ; Burtis v. … Board of Edue. of City of N. 7., 274 App. Div. 802 ; Fein v. Board of Edue. of City of N. 7., 305 N. Y. 611 .) Present — Nolan, P. J., Schmidt, Beldock, Murphy and Ughetta, JJ.