Case law

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.

Brodsky v. Board of Education

64 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1978

In a proceeding to CPLR article 78, inter alia, to enjoin the respondent board of education from requiring petitioner to submit to a psychiatric examination, petitioner appeals from a judgment of the Supreme Court, Suffolk

Maras v. Board of Education

275 A.D.2d 551 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 2000

As a consequence, respondent Board of Education of the City School District of the City of Schenectady unilaterally extended petitioner’s probationary period to November 16, 1998. … Board of Educ., 81 NY2d 446, 451 ).

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

Brown v. Christopher Street Owners Corp.

2 A.D.3d 172 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2003

Labor Law § 202 requires the application of comparative negligence principles because statutory liability is predicated on a violation of the Industrial Code (see Bauer v Female Academy of Sacred Heart, 97 NY2d 445, 452-453 … [2002]), which constitutes only “some evidence of negligence” (Elliott v City of New York, 95 NY2d 730, 735 [2001]).

Dubin v. Board of Regents

286 A.D. 9 · Appellate Division of the Supreme Court of the State of New York · May 11, 1955

Two cases lie at the foundation of this line of argument (Brown v. University of State of N. Y., 242 App. Div. 85 , affd. 266 N. Y. 598; Matter of Cherry v. Board of Regents, 289 N. Y. 148 ). … In the Brown case, a dentist sought to enjoin the Board of Regents from enforcing a regulation banning the use of any “ advertising devices for the purpose of soliciting patronage ”.

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

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

Conti v. Zoning Board of Appeals

53 A.D.3d 545 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 2008

that body’s interpretation, unless unreasonable or irrational (see Matter of Frishman v Schmidt, 61 NY2d 823, 825 [1984]; Town of Huntington v Five Towns Coll. … However, where the question is one of pure legal interpretation of statutory terms, deference to that body’s interpretation is not required (see Matter of Toys “R” Us v Silva, 89 NY2d 411, 419 [1996]; Matter of Brancato v

Cantor v. Board of Education

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

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.

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.

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.

Rosano v. Town Board of Riverhead

43 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1973

In a proceeding pursuant to *729 article 78 of the CPLR to annul a determination of the Town Board of the Town of Riverhead, dated September 5, 1972, which denied petitioners’ application for a special permit to construct … This appeal must be decided on the law as it now exists (Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N. Y. 494 ; Matter of Dengeles v. Young, 3 A D 2d 758). Hopkins, Acting P.

Bradcord Associates v. Conciliation & Appeals Board

52 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1976

We are mindful of the board’s claim that because of these circumstances it has been compelled to adopt a broader procedure than authorized by law for determining such "rents generally prevailing”. … Accordingly, the predicament of the board might warrant the attention of the Legislature with a view to relief from or modification of this stringent statutory requirement. Concur—Lupiano, J.

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.

Common Council v. Town Board

32 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1969

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

Forlenza v. Board of Education

256 A.D.2d 409 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1998

Berman, 21 NY2d 322, 329 ; Matter of Bevacqua v Sobol, 176 AD2d 1, 3 ). … Board of Educ., 245 AD2d 522 ; Matter of Chupka v Board of Educ., 240 AD2d 795 ; see also, Matter of Scanlan v Buffalo Pub.