Case law

Wootton v. Board of Trustees

7 A.D.3d 790 · Appellate Division of the Supreme Court of the State of New York · May 24, 2004

Contrary to the plaintiffs contentions, the Supreme Court properly granted the motion of the defendants Board of Trustees of the Locust Valley Library (hereinafter the Board) and its president Gioia Bales for summary judgment … The Board’s contract with the defendant Tennis Club at Locust Valley, Inc.

Muka v. Board of Education

41 A.D.2d 882 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1973

Pittsford Gravel Corp. v. Zoning Board

43 A.D.2d 811 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1973

Pittsford did not waive its right to contest the constitutionality of Local Law No. 3 by making application for a permit {Matter of Holy Sepulchre Cemetery v. Board of Appeals of Town of Greece, 271 App. Div. 33 ). … King, 6 A D 2d 234, 239-241) to determine if the board’s refusal to issue a permit for the pre-existing nonconforming use and for its enlargement was arbitrary {Matter of Fiore v.

Brown v. Hearthstone Insurance Co. of Massachusetts

19 A.D.2d 578 · Appellate Division of the Supreme Court of the State of New York · May 16, 1963

(Lachs v. Fidelity & Cas. Co., 306 N. Y. 357, 364 .) The dictionary defines “riding” as the act or state of one who rides. … “The word ‘ride’ * * * means ‘to be carried * * * in any kind of vehicle or carriage ’ ” (Bommarito v. North Amer. Acc. Ins. Co., 251 App. Div. 123, 124 ).

Ramkissoon v. Board of Education

227 A.D.2d 461 · Appellate Division of the Supreme Court of the State of New York · May 13, 1996

issues in the case, and the plaintiffs established a substantial likelihood that the persons sought for additional depositions possess information which is material and necessary to the prosecution of the case (see, Zollner v … City of New York, 204 AD2d 626 ; Simon v Advance Equip.

Michalak v. Zoning Board of Appeals

286 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2001

damage, because adverse effect or aggrievement can be inferred from the proximity” (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 410 , rearg denied 70 NY2d 694 ; see, Matter of Manupella v Troy … Schmidt, 61 NY2d 823, 825 ; Matter of Fineway Supermarkets v State Liq.

Thomas v. Board of Standards & Appeals

263 A.D. 352 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 1942

Doscher v. Sisson, 222 id. 387, 396, 397; Matter of Small v. Moss, 279 id. 288, 291, 295-299; Green Point Sav. Bank v. Zoning Appeals Board, 281 id. 534.) … Sheldon v. Board of Appeals, 234 N. Y. 484 ; People ex rel. Beinert v. Miller, 188 App. Div. 113 ; Hilton v. Board of Appeals of City of Geneva, 18 N. Y. Supp. [2d] 213 [not officially published].)

Mahoney v. Board of Education

179 A.D. 782 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1917

No action was taken by the board of estimate and apportionment or the board of aldermen. … Grannis v. Roberts, 45 App. Div. 145 ; Lough v. Outerbridge, 143 N. Y. 277 ; People ex rel. Ryan v. Bingham, 114 App.

Figliomeni v. Board of Education

44 A.D.2d 886 · Appellate Division of the Supreme Court of the State of New York · May 16, 1974

(CPLR 5522; Duffy v. City of New York, 7 A D 2d 988; 7 Weinstein-Korn-Miller, N. Y. Civ. Prae., par. 5522.04.) (Appeals from judgment of Onondaga Trial Term in negligence action.) Present—Witmer, J.

Faulknor v. Board of Regents

136 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Jan 7, 1988

Board of Regents, 101 AD2d 970, 971 ). … a penalty of revocation under the circumstances (see, Matter of Nicholson v Ambach, 80 AD2d 690 , appeal dismissed 55 NY2d 601; cf, Matter of Mandel v Board of Regents, 250 NY 173 ).

BROWN, COLLIN M., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Nov 13, 2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ORDER COLLIN M. BROWN, DEFENDANT-APPELLANT. WILLIAMS HEINL MOODY BUSCHMAN, P.C., AUBURN (MARIO J. … It is hereby ORDERED that said appeal is unanimously dismissed (see People v Mackey, 79 AD3d 1680, 1681, lv denied 16 NY3d 860). Entered: November 13, 2015 Frances E.

Orsell v. Board of Education

23 A.D.2d 703 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1965

In the proposed notice of claim it is also alleged, however, that, within 90 days of the application, “it was reported by the said Board of Education of the City of Johnstown School District, its agents, servants and employees … Neither do we give consideration to appellant’s additional contention that respondents are estopped under the authority of Debes v.

Silverman v. Board of Education

15 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1962

Ferraro v. Board of Educ. of City of N. Y., 14 A D 2d 815.) … Appeal from the judgment of the Municipal Court entered upon the order of affirmance of the Appellate Term, dismissed; no appeal lies to this court from such judgment (Shuffian v. Garfola, 9 A D 2d 910). Beldock, P.

Brown v. 43-25 Hunter, L.L.C.

2019 NY Slip Op 8919 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2019

Brown v 43-25 Hunter, L.L.C. ( 2019 NY Slip Op 08919 ) Brown v 43-25 Hunter, L.L.C. 2019 NY Slip Op 08919 Decided on December 12, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau … Decided on December 12, 2019 Mazzarelli, J.P., Kapnick, Gesmer, Moulton, JJ. 10440 23260/15 [*1] Abdul Brown, et al., Plaintiffs-Respondents, v 43-25 Hunter, L.L.C., et al., Defendants-Appellants.

Chambers v. Board of Education

58 A.D.2d 961 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 1977

This the board had the right to do (Matter of Young v Board of Educ., 35 NY2d 31 ). … Matter of Amos v Board of Educ., 54 AD2d 297 ; Matter of Steele v Board of Educ., 53 AD2d 674 , affd 42 NY2d 840 ).

Lippman v. Board of Education

104 A.D.2d 123 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1984

which may not be impaired under section 7 of article V of the New York State Constitution. … Section 7 of article V of the State Constitution was adopted to remedy this deficiency (see Public Employees Federation v Cuomo, 62 NY2d 450, 459 ).

Flaherty v. Board of Trustees

5 A.D.3d 769 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2004

Accordingly, the Board of Trustees’ reliance on that recommendation was proper (see Matter of Meyer v Board of Trustees of N.Y. … City Fire Dept., Art. 1-B Pension Fund, supra; Matter of Luppino v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, supra at 484; Matter of Cannella v Board of Trustees of N.Y.

Connolly v. Board of Education

53 A.D.2d 1041 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1976

Y. v Board of Higher Educ. of City of N. … agreement with respect to evaluations, observations, candid appraisals and supervisory assistance (see Board of Educ. v Chautauqua Cent.

Zurat v. Town Board, Stockport

124 A.D.2d 287 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1986

Watchtower Bible & Tract Socy. v Haring, 286 App Div 676 ). In such a proceeding, petitioners would, of course, be entitled to rely on the doctrine of stare decisis (see, id.). … Co. v Town Bd. of Town of Kirkwood, 106 AD2d 717 ). Order affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

Board of Education v. O'Rourke

191 A.D. 317 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1920

Y. 483 ; Ontario Knitting Co. v. State, 205 id. 409, 416; Matter of Water Commissioners of Amsterdam, 96 id. 351; Washington Cemetery v. Prospect Park & Coney Island R. R. Co., 68 id. 591, 594; Adams v.