Case law

Goldberg v. Thelen Reid Brown Raysman & Steiner LLP

52 A.D.3d 392 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 2008

The arbitration award was properly confirmed as it did not violate a strong public policy, was not irrational, and did not exceed the arbitrator’s authority (see Matter of Board of Educ. of Arlington Cent. … School Dist. v Arlington Teachers Assn., 78 NY2d 33, 37 [1991]; CPLR 7511 [b]).

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 ).

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.

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 ).

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 ).

Powell v. Board of Elections

286 A.D.2d 267 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2001

Cary v. Teachers' Retirement Board

227 A.D. 695 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1929

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.

Swartz v. Board of Education

146 A.D.2d 576 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1989

The bylaws and the Special Circular are rules and regulations which are binding upon the Board and which the Board may not waive (see, Matter of Lehman v Board of Educ., 82 AD2d 832, 833 ). … The petitioner’s contention that this court’s holdings in Matter of Jacobs v Board of Educ. ( 73 AD2d 623 ) and Matter of Brown v Board of Educ. ( 42 AD2d 702 , lv denied 34 NY2d 519 ) mandate an annulment of the Chancellor

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.

Hazard v. Board of Education

16 A.D.2d 481 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1962

(Matter of High v. Board of Educ., 169 Misc. 98, 101 , affd. 256 App. Div. 1074 , affd. 281 N. Y. 815 ; emphasis as in original.) … power (explicitly recognized in Matter of High v.

CATTARAUGUS COUNTY BANK v. BROWN, COREY W.

Appellate Division of the Supreme Court of the State of New York · Nov 14, 2014

CATTARAUGUS COUNTY BANK, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER COREY W. BROWN AND GREEN GABLE VILLAGE, LIMITED, DEFENDANTS-RESPONDENTS. … Brown’s default on the note (see Counsel Fin. Servs., LLC v David McQuade Leibowitz, P.C., 67 AD3d 1483, 1484; LaMar v Vasile [appeal No. 4], 49 AD3d 1218, 1219), and defendants failed to raise a triable issue of fact.

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]).

BROWN, JENNIFER v. STEVES, LAURA

Appellate Division of the Supreme Court of the State of New York · Feb 6, 2015

IN THE MATTER OF JENNIFER BROWN, PETITIONER-RESPONDENT, V MEMORANDUM AND ORDER TYRONE GANDY, RESPONDENT-APPELLANT. … .) -------------------------------------- IN THE MATTER OF TYRONE GANDY, PETITIONER-APPELLANT, V JENNIFER BROWN, RESPONDENT-RESPONDENT. (PROCEEDING NO. 2.)

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

Transon v. Board of Education

240 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1997

Cheatham’s failure to have repeated her demands that the teenagers leave and/or her failure to have adhered to the school’s internal safety guidelines was a proximate cause of the attack or its escalation (see, Negri v Stop … & Shop, 65 NY2d 625 ; Licari v Elliott, 57 NY2d 230 ; Cohen v Hallmark Cards, 45 NY2d 493 ).

Hatch v. Board of Education

81 A.D.2d 717 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1981

Since 1974, respondent Board of Education for the City of Ithaca (Board) has offered an open enrollment program to its students. … We have held that students attending school outside the district are not “in like circumstances” with students attending school within the district (Matter of Brown v Allen, 23 AD2d 591 ); and the Commissioner of Education