Case law

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.)

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

Brown v. Shurgard Stor. Ctrs. LLC

2022 NY Slip Op 01411 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2022

Brown v Shurgard Stor. Ctrs. LLC ( 2022 NY Slip Op 01411 ) Brown v Shurgard Stor. Ctrs. … Index No. 21201/15E Appeal No. 15471-15471A Case No. 2020-04677, 2021-02573 [*1]Audley Brown, Plaintiff-Appellant-Respondent, v Shurgard Storage Centers LLC et al., Defendants-Respondents-Appellants.

Abruzzo v. Board of Education

12 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1961

after and some time after the accident with his belated version at the trial, and after examining the entire record, it is our opinion that the verdict is contrary to the weight of the credible evidence (see, e.g., Cavadi v. … Auth., 7 A D 2d 299; Zaulich v. Thompkins Sq. Co., 10 A D 2d 492; Goldstein v. Lentino Constr. Corp., 8 A D 2d 274). Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

Brown v. City of New York

2019 NY Slip Op 7762 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2019

Brown v City of New York ( 2019 NY Slip Op 07762 ) Brown v City of New York 2019 NY Slip Op 07762 Decided on October 30, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant … IANNACCI LINDA CHRISTOPHER, JJ. 2018-12658 (Index No. 7236/14) [*1]Frederick Brown, respondent, v City of New York, defendant, Harris Water Main & Sewer Contractors, Inc., appellant.

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 ).

Kay v. Board of Higher Education

260 A.D. 9 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1940

(Sharp v. Mayor, etc., of N. Y., 31 Barb. 578 .) It is not here contended but that the corporation counsel who represents the city as a whole (Lowber v. Mayor, etc., of N. Y., 5 Abb. Pr. 325 ; Ramson v. … Sherrill v. Guggenheimer, 47 App. Div. 9 ; People ex rel. Forty-first and Park Avenue Corp. v. Walsh, 199 id. 925.)

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]).”

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]).

Lippman v. Public Employment Relations Board

263 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 1999

Relations Bd., 48 NY2d 398, 404 ; see, Matter of Board of Educ. of City School Dist. v New York State Pub. Empl. Relations Bd., 75 NY2d 660, 666 ; Matter of Town of Mamaroneck PBA v New York State Pub. Empl. … Relations Bd., 48 AD2d 206 ; Matter of Board of Educ., 6 PERB ¶ 3001, affd sub nom. Board of Educ. v Helsby, 42 AD2d 1056 , affd 35 NY2d 877 ; Matter of Evans v Public Empl.

Tessier v. Board of Education

24 A.D.2d 484 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1965

Matter of Mitthauer v. Patterson, 8 N Y 2d 37, 41; Matter of Stolz v. Board of Regents, 4 A D 2d 361, 364-365; Matter of McGinnis’ Rest. v. Rohan, 6 A D 2d 115, 118, affd. 6 N Y 2d 770). … As stated in Matter of Playdium v. O’Connell (276App. Div. 14, 17, affd. 301 N.

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

Golisano v. Town Board of Macedon

31 A.D.2d 85 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1968

(Matter of Barry v. O’Connell, 303 N. Y. 46, 51 .) The decision of the court is no more tenable than that of the board, although for entirely different reasons. … Rev. 124, 136-137; Matter of Dubow v. Ross, 254 App. Div. 706 .) Although Matter of Jayne Estates v.

Wilson v. Board of Parole

284 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2001

Their finding that there was a reasonable probability that petitioner would not live and remain at liberty without violating the law was properly grounded (see, Matter of Velasquez v Travis, 278 AD2d 651 ). *847 Although … v New York State Bd. of Parole, 50 NY2d 69, 77 ), we perceive no basis upon which to disturb the discretionary determination that petitioner was not an acceptable candidate for parole release (see, Matter of Barad v New

Brown v. New York State Department of Health

235 A.D.2d 957 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1997

, 233 AD2d 789 ; Matter of Gottesman v New York State Dept. of Health, 229 AD2d 742, 743 ). … Commissioner of Educ., 212 AD2d 831, 832 ; Matter of Matala v Board of Regents, 183 AD2d 953, 956 ).

Brown v. Linmar, Ltd.

239 A.D.2d 535 · Appellate Division of the Supreme Court of the State of New York · May 27, 1997

Although no appeal was taken by the fourth-party plaintiff, the propriety of that ruling may be considered to justify affirmance of the order appealed from (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 545 ). … Fund Co., 69 NY2d 559, 568 ; Rogers v Dorchester Assocs., 32 NY2d 553 ). However, there are numerous questions of fact which preclude the granting of summary judgment (see, Kdidnasky v Cali Bldg. Co., 130 AD2d 817 ).

Ceballos v. Zoning Board of Appeals

304 A.D.2d 575 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 2003

(see Ifrah v Utschig, 98 NY2d 304 [2002]; Sautner v Amster, 284 AD2d 540 [2001]; Baker v Brownlie, 248 AD2d 527 [1998]). … Therefore, a determination of a zoning board should be sustained if it has a rational basis and is supported by substantial evidence (see Ifrah v Utschig, supra; Sautner v Amster, supra; Baker v Brownlie, supra). *576 Contrary

White v. Board of Education

250 A.D. 777 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1937

Currier v. Planning Board of Huntington

74 A.D.2d 872 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1980

The court will only substitute its judgment for that of the planning board when the board has abused its discretion or has acted arbitrarily or illegally (1 Anderson, New York Zoning Law and Practice [2d ed], § 15.09; Matter … of Eckels v Murdock, 265 NY 545 ; Matter of Roth v Friedman, 51 AD2d 728 ).

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.)