Case law

French v. Board of Education

271 A.D.2d 914 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2000

the Board’s determination. … Where, however, the testimony offered by a party is, for example, vague, equivocal, incomplete or inconsistent (see, Matter of Tompkins v Board of Educ., 245 AD2d 522, 523 , lv denied 92 NY2d 801 ; Matter of Chupka v Board

Berman v. Board of Elections

122 A.D.2d 911 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1986

. *912 Judgment reversed, on the law, without costs or disbursements, application denied, and the Board of Elections of the County of Nassau is directed to place Mr. Miller’s name on the appropriate ballot.

Long v. Board of Education

162 A.D.2d 1050 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1990

We cannot say on this record that the penalty of dismissal was improper (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 237). … Chapels v Axelrod, 152 AD2d 969 ; Matter of Bahouth v Sardino, 125 AD2d 990, 991 ; cf., Montrois v City of Watertown, 115 AD2d 298 , appeal dismissed 67 NY2d 757 ).

Botkin v. Board of Education

122 A.D.2d 136 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1986

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City School District of the City of New York, dated October 17, 1984, which, after a hearing, terminated the petitioner … Assoc. v State Div. of Human Rights, 45 NY2d 176 ). Also, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness. Gibbons, J. P., Brown and Hooper, JJ., concur.

Melnick v. Board of Education

104 A.D.2d 943 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1984

Ricca v Board of Educ., 47 NY2d 385 ). … Petitioner therefore could not have acquired tenure by estoppel at the time of his dismissal and his employment was subject to termination upon recommendation of the Superintendent (M atter of Pascal v Board of Educ., 100

Hull v. Board of Education

226 A.D.2d 318 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1996

Cantor v. Board of Education

262 A.D. 861 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1941

Brown v. New York State Teachers' Retirement System

107 A.D.2d 103 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1985

Center v Moore, 52 NY2d 88, 94, n 1 ). … This rule has been applied consistently in the area of public retirement (see, e.g., Matter of Galanthay v New York State Teachers’ Retirement Sys., 50 NY2d 984 ; Matter of Syrewicz v New York State Teachers’ Retirement Sys

Farrell v. Board of Education

259 A.D. 906 · Appellate Division of the Supreme Court of the State of New York · May 14, 1940

Brown v. New York City Health & Hospitals Corp.

225 A.D.2d 36 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1996

I On December 8, 1990, the plaintiff, Lillian Brown, was the assistant head nurse in the pediatrics ward of Queens General Hospital (hereinafter the hospital), which was owned and operated by the defendant New York City Health … In February 1995 the Supreme Court denied the defendants’ motion to compel the plaintiff to submit to testing (Brown v New York City Health & Hosps.

Sheehan v. Board of Education

120 A.D. 557 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1907

Callahan v. Board of Education, 174 N. Y. 169 .) … In' my judgment the .facts in this case are stronger for the defendant than in the case of Ryan v. City of New York ( 177 N. Y. 271 ), and that case was disposed of as a question of law.

Jester v. Board of Education

109 A.D.2d 1004 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1985

The language is clear and concise (see, Sega v State of New York, 60 NY2d 183, 191 ; McKinney’s Cons Laws of NY, Book 1, Statutes § 94, pp 188-196). … Consequently, relief in those areas under Education Law § 2510 (3) would have been inappropriate (Matter of Brewer v Board of Educ., 51 NY2d 855, 858 ).

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 ).

Langdon v. Teachers' Retirement Board

226 A.D. 870 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1929

Dwyer v. Board of Education

27 A.D. 87 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

The result was the making of the award to the plaintiff, as already stated, at $379.50 ; and thereafter the board •of education forwarded the same for approval to the board of estimate and apportionment, but by the latter … On ascertaining this, if the plaintiff had requested the board of education to forward the information and that board had declined, another question would be present.

Defelice v. Board of Education

37 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1971

Inability to speak English is not physical incapacity (Matter of Gugliotto v. City of New York, 10 A D 2d 986, affd. 9 N Y 2d 738). … Nor does the exception of infancy in the infant’s action accrue to the benefit of the father in 2d 943; Matter of McAllister v. New York City Housing Auth., 21 A D 2d the derivative action (Jefferson v.

Board of Education v. Goldin

72 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1979

Jewish Board of Family & Children's Services, Inc. v. Zoning Board of Appeals

79 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1980

Serv. of Nassau County v Gaynor, 60 Misc 2d 316 , affd 33 AD2d 701 ; Matter of Board of Educ. v City of Buffalo, 32 AD2d 98 ; Union Free School Dist. … (See Town of Onondaga v Central School Dist. No. 1, supra.) Finally, it is of no consequence that petitioner will lease the building to the union free school district. (Cf. Matter of Board of Coop. Educ.

Lifson v. Board of Education

109 A.D.2d 743 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1985

— In a proceeding pursuant to CPLR article 78 to compel the respondent board of education to reinstate petitioner as a teacher with tenure nunc pro tunc as of June 27, 1983, the appeal is from a judgment of the Supreme Court

Tamulinas v. Board of Education

279 A.D.2d 527 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2001

Board of Educ., 90 NY2d 662 ; Matter of Goldstein v Jericho Union Free School Dist., 245 AD2d 373 ), in this case, she was specifically misinformed that she was not eligible to join the TRS. … We also note that, in its determination, the School District did not identify the substitute teacher forms as the procedure by which teachers were advised of the option to join the TRS (cf., Matter of Clark v Board of Educ