Case law

Herrman v. Board of Education

194 A.D.2d 673 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1993

Board of Coop. … Servs., supra, at 335; Koch v Putnam-N. Westchester Bd. of Coop. Educ. Servs., 98 AD2d 311, 315 ; Matter of Sklar v Board of Coop. Educ. Servs., 104 AD2d 622, 623 ).

McClure v. Board of Trustees

121 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

Judgment modified, on the law, by deleting from the second decretal paragraph the words "Incorporated Village of Saltaire” and substituting therefor the words "Board of Trustees of the Village of Saltaire”. … P., Gibbons, Brown and Kooper, JJ., concur.

Govers v. Board of Supervisors

55 A.D. 40 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1900

In Ziegler v. Chapin ( 126 N. … Trustees v. Board of Supervisors ( 131 N. Y. 468 ), and People ex rel. O'Connor v. Supervisors (153 id. 370), as authorities for the maintenance of this action.

Cohen v. Board of Education

252 A.D. 722 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 1937

Karmel v. Board of Appeals

303 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 2003

The determination of the respondent Board of Appeals of the City of White Plains dated July 30, 2001, was neither arbitrary nor capricious and had a rational basis (see Matter of Ficalora v Planning Bd. of Town of E. … Hampton, 262 AD2d 320 [1999]; Matter of Johnson v Village of Westhampton Beach, 244 AD2d 335 [1997]). In light of our determination, we need not reach the remaining contentions.

Claim of Brown v. Alcas Cutlery Corp.

25 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1966

Appeal by the employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board. … Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Hcrlihy, Reynolds and Taylor, JJ., concur.

Deichler v. Board of Trustees

257 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1999

the natural and proximate result of a service-related injury (see, Matter of Canfora v Board of Trustees, 60 NY2d 347 ; Matter of Meyer v Board of Trustees, 90 NY2d 139 ; Matter of Wesarg v Board of Trustees, 246 AD2d 601 … ; Matter of Carbone v Board of Trustees, 242 AD2d 530 ).

Montreuil v. Board of Estimate

10 A.D.2d 266 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 1960

The City Register may not select persons to fill positions without an appropriation therefor, which is exclusively the power of the Board of Estimate. (Matter of Ross v. La Guardia, 287 N. Y. 28, 32 .) … (Rockland Light & Power Co. v. City of New York, 289 N. Y. 45, 51 .)

Baldeo v. Board of Elections

21 A.D.3d 570 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 2005

Ordered that the final order is reversed, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to place the name of … Monegro, 10 AD3d 429, 430 [2004]; Matter of Boyland v Board of Elections of City of N.Y., 104 AD2d 463 [1984]).

Berryman v. Board of Education

257 A.D. 915 · Appellate Division of the Supreme Court of the State of New York · May 17, 1939

Law, § 3, subd. 1; Matter of Fleischmann v. Graves, 235 N. … (Bush Terminal Co. v. City of New York, 259 N. Y. 509 ; Jewish Hospital of Brooklyn v. John Doe, 252 App. Div. 581, 584 ; Cooper v. Village of Brockport, 246 id. 571.)

D'Alessandro v. Unemployment Insurance Appeal Board

56 A.D.2d 762 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1977

further, that such an index is required under the Federal Freedom of Information Act (US Code, tit 5, § 552) upon which the State act is patterned and upon the decisional interpretations of which we should rely *763 (Burke v … It is not the purpose of such laws to ease the research burden of private litigants (NLRB v Sears, Roebuck & Co., 421 US 132, 143 ), although this may well have been the intention of the separate Federal sanction for the

Girards v. Board of Education

49 A.D.2d 878 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1975

Judgment affirmed, without costs (see Matter of Anderson v Board of Educ. of City of Yonkers, 46 AD2d 360 ). Martuscello, Acting P. … J., Latham and Brennan, JJ., concur; Margett and Shapiro, JJ., concur and vote to affirm on *879 constraint of Matter of Anderson v Board of Educ. of City of Yonkers ( 46 AD2d 360 ); Shapiro, J., adhering to the views expressed

Ohrenstein v. Zoning Board of Appeals

39 A.D.3d 1041 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

94 AD2d 874, 875 [1983]; see also Matter of Mack v Board of Appeals, Town of Homer, 25 AD3d 977, 980 [2006]). … Since the ZBA interpretation of home occupation is entitled to great deference (see Matter of Mack v Board of Appeals, Town of Homer, supra at 980; Matter of Kantor v Olsen, 9 AD3d 814, 815 [2004]) and is neither irrational

Oriska Insurance v. Board of Education

68 A.D.3d 1190 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2009

Coop. v Candor Cent. … Board of Educ. of Mahopac Cent.

Honig v. Board of Elections

51 A.D.2d 1050 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1976

It was stipulated before this court by counsel for all parties other than the board of elections to limit the issue to the question whether the incorrect designation of election districts and/or assembly districts which accompanied … , Matter of Clune v Hayduk, 34 NY2d 965 ).

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.

Todd Mart, Inc. v. Town Board

49 A.D.2d 12 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1975

Co. v Delany, 28 NY2d 449, 457-458 ; Matter of Willey v Garnsey, 45 AD2d 227, 228 .) … Petitioner cites Matter of North Shore Steak House v Board of Appeals of Inc.

Altsheler v. Board of Education

83 A.D.2d 568 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1981

Essential attributes are relevance and a probative character (Edison Co. v Labor Bd., 305 US 197, 229 ; Matter of Ralph v Board of Estimate of City of N. Y., 306 NY 447, 454 ). … State v Randecker, 79 Wn 2d 512, 517-518; District of Columbia v Heman Ward, Inc., 261 A2d 836, 840 [DC]).”

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

Rowe v. Board of Education

12 A.D.3d 494 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2004

A school’s duty to adequately supervise a student is coextensive with and concomitant to its physical custody of and control over the student (see Pratt v Robinson, 39 NY2d 554, 560 [1976]; Ramo v Serrano, 301 AD2d 640, 641 … [2003]; see also Mirand v City of New York, 84 NY2d 44, 49-50 [1994]).