Case law

Novendstern v. Administrative Review Board of the State Board for Professional Medical Conduct

15 A.D.3d 701 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2005

, 525 [2004]; Matter of Zharov v New York State Dept. of Health, 4 AD3d 580, 580 [2004]). … This analysis is necessarily dependent upon the particular facts and circumstances of each case (see Matter of Bezar v DeBuono, 240 AD2d 978, 979 [1997]; Matter of Abdelmessih v Board of Regents of Univ. of State of N.Y.,

Mastropietro v. Board of Education

282 A.D.2d 986 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2001

Respondent Board of Education of the District subsequently adopted Iraci’s recommendation, prompting petitioner to commence this CPLR article 78 proceeding to challenge the Board’s determination. … As such, any salary paid to a substitute hired to replace petitioner was properly disregarded by the Board.

Wiggins v. Board of Education

86 A.D.2d 614 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1982

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the City of New York finding petitioner guilty of certain charges and dismissing him from his employment, the parties cross-appeal … The failure of the hearing officer to make any recommendation of disciplinary action to the board constituted a jurisdictional infirmity (Civil Service Law, §75, subd 2; see Matter of Blount v Forbes, 250 App Div 15 ).

Gonzalez v. Zoning Board of Appeals

3 A.D.3d 496 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2004

Board of Appeals of Town of Hempstead, 304 AD2d 761, 762 [2003]; see Matter of 450 Sunrise Highway v Town of Oyster Bay, 287 AD2d 714 [2001]; Matter of Easy Home Program v Trotta, 276 AD2d 553 [2000]; Matter of Cassano v … Board of Appeals of Town of Hempstead, supra; Matter of 450 Sunrise Highway v Town of Oyster Bay, supra; Matter of Easy Home Program v Trotta, supra).

Save Open Space v. Planning Board

74 A.D.3d 1350 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2010

Board of the Town of Newburgh (hereinafter the Planning Board). … Contrary to the petitioners’ contention, the Planning Board considered a reasonable range of feasible alternatives (see Matter of Town of Dryden v Tompkins County Bd. of Representatives, 78 NY2d 331 [1991]; Akpan v Koch,

Brown v. Welsbach Corp.

275 A.D.2d 1061 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1949

(Coleman v. Guidone & Son, Inc., 192 App. Div. 120 .) … (Mayor of City of Albany v. Cunliff, 2 N. Y. 165 ; Cullings v. Goetz, 256 N. Y. 287, 290 ; Cunningham v. Gillespie Co., 241 Mass. 280 ; Board of Education, Town of North Hempstead v. Town of North Hempstead, 259 App.

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.

McCarthy v. Board of Regents

177 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1991

that a two-year stayed suspension coupled with two years of probation is either " ' "disproportionate to the [misconduct]” ’ ” or " ' "shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222 … special circumstances which led it to adopt [that] particular measure of discipline” (Matter ofStolz v Board of Regents, supra, at 365).

Perez v. Board of Education

291 A.D.2d 269 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 2002

The action was properly dismissed for plaintiff’s failure to rebut defendant school board’s prima facie showing that no accidents like this had ever happened before (see, Ohman v Board of Educ., 300 NY 306, 310 ). … City of New York, 84 NY2d 44, 49 ; cf., e.g., Malik v Greater Johnstown Enlarged School Dist., 248 AD2d 774 ; Ascher v Scarsdale School Dist., 267 AD2d 339 ).

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.

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.

Siegel v. Board of Education

257 A.D. 821 · Appellate Division of the Supreme Court of the State of New York · May 26, 1939

Brown v. New York Evening Journal, Inc.

235 A.D. 840 · Appellate Division of the Supreme Court of the State of New York · May 15, 1932

Board of Supervisors v. Wiedman

260 A.D. 839 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 1940

Our opinion in the companion case of Board of Supervisors, Monroe County, v. Wilkin (ante, p. 366), decided herewith, sufficiently explains the background.

Scheiner v. Board of Regents

146 A.D.2d 957 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1989

Public Health Law § 230 (10) (m) (iv), the evidence in an expedited hearing is "limited to evidence and testimony relating to the nature and severity of the penalty to be imposed upon the licensee” (see, Matter of Dragan v … The penalty imposed of a fully stayed one-year suspension and probation reflects such consideration, and we conclude that, in the circumstances, the penalty is not shockingly severe (see, Matter of Nadell v Ambach, 136 AD2d

Duboff v. Board of Higher Education

34 A.D.2d 824 · Appellate Division of the Supreme Court of the State of New York · May 25, 1970

If there is doubt as to the availability of a defense, it should not be dismissed (Krantz v. Garmise, 13 A D 2d 426). … Articolor Graphic Co. v. After Hours Books, 32 A D 2d 548). For the present, we simply hold that the issue should not have been summarily decided (cf. Tambascio v. Gioffre, 27 A D 2d 940). Rabin, Acting P.

State Board of Pharmacy v. Bellinger

138 A.D. 12 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1910

(State Board of Pharmacy v. Matthews, 197 N. Y. 353 .) The exceptions do not seem to apply to this case. Section 238 of the Public Health Law (Consol. … The' statute; itself "gives the right to maintain the action in the name .of the Board, A similar contention has been raised before and decided adversely to the appellant’s claim. (Board of Health v.

BROWN, JOHN W., PEOPLE v

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER JOHN W. BROWN, DEFENDANT-APPELLANT. JEANNIE D. … Welch, 30 AD3d 392, 393; see People v Dennis, 64 AD3d 760, 760).

Lichtman v. Board of Elections

33 A.D.2d 1049 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1970

In a proceeding pursuant to article 78 of the CPLR in the nature of mandamus to compel (1) the Board of Elections of .the County of Nassau to furnish a certificate of election to petitioner certifying him as the regularly … In our opinion the challenge to petitioner’s enrollment subsequent to his election and nomination on Primary Day was untimely (Matter of Reich v. Bosco, 21 Misc 2d 973, 977 , affd. 9 A D 2d 919; Matter of Buechel v.

Brown v. Deutsche Bank National Trust Co.

120 A.D.3d 440 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 2014

The motion court properly rejected plaintiff’s claim that securitization of his mortgage notes was improper (see Stafford v Mortgage Elec. … Fund v Verizon N.Y.