Case law

Claim of Marschke v. Brown Car Wheel Co.

224 A.D. 802 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1928

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence tending to show, or which justified by inference, the finding that the “ injuries

Iwachiw v. Board of Elections

265 A.D.2d 590 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1999

general election to be held on November 2, 1999, the petitioner appeals from a final order of the Supreme Court, Suffolk County (Gowan, J.), dated October 20, 1999, which, upon granting the application of the respondents Board … The petitioner’s certificate of nomination, which was -filed on September 20, 1999, was untimely and was properly rejected by the Board of Elections of Suffolk County. We reach no other issue. O’Brien, J.

Hennessey v. Board of Education

227 A.D.2d 559 · Appellate Division of the Supreme Court of the State of New York · May 20, 1996

For the period from September 1986 through March 1994, the Board of Education of the City of New York (hereinafter the Board) overpaid the petitioner for her work as a teacher. … In March 1994, the Board informed the petitioner that it would recoup these overpayments by garnishing a portion of her salary. The petitioner objected to the proposed deductions from her paychecks.

Edbauer v. Board of Education

286 A.D.2d 999 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2001

Edbauer v. Board of Education

286 A.D.2d 999 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2001

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.

Gladstone v. Board of Education

279 A.D. 701 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1951

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

Rider v. Board of Trustees

78 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1980

Assoc. v State Div. of Human Rights, 45 NY2d 176 ). … Furthermore, the penalty imposed (termination of employment) was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222 ).

Sansivieri v. Board of Elections

122 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1986

The Supreme Court, Queens County, properly found that the designating petitions were invalid (see, Matter of Pecoraro v Mahoney, 65 NY2d 1026 ; Matter of Sealy v Vann, 122 AD2d 919 ).

Bland v. Board of Elections

112 A.D.2d 1053 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1985

Parrotta granted, application to invalidate the petition denied, and the Board of Elections is directed to place the name of Joseph M. Parrotta on the appropriate ballot. … Under these circumstances, the strict compliance standard set forth in Matter of Hargett v Jefferson (supra) should be deemed satisfied (see, Matter of Staber v Fidler, 110 AD2d 38 ; Matter of Fromson v Lefever, 112 AD2d

Fazzolari v. Board of Education

283 A.D. 999 · Appellate Division of the Supreme Court of the State of New York · May 12, 1954

(See Matter of Auflero v. Town of Eastchester, 282 App. Div. 1048 ; Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915 , affd. 303 N. Y. 646 ; Matter of Hogan v. City of Cohoes, 279 App. … Div. 282 , and Matter of Every v. County of Ulster, 280 App. Div. 155 .) All concur.

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 ).

Lewis v. Village Board of Trustees

48 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 1975

Proceeding pursuant to *953 CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Schenectady County) to review a determination of the Village Board of Trustees of the Village … At the request of the Board of Fire Commissioners, 11 charges were preferred against petitioner.

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

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

Jefferson County Board of Supervisors v. New York State Public Employment Relations Board

44 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · May 23, 1974

Memorandum: In 1971 petitioner, the Jefferson County Board of Supervisors, entered into a two-year contract with respondent Faculty Association of Jefferson Community College (Faculty Association) in which it was agreed with … respect to merit salary increments that, “ all increments to be based on merit as determined by the administration and the Board of Trustees”.

Brown v. Brink Elevator Corp.

125 A.D.3d 421 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2015

concerning continuing disabilities in her cervical spine, defendant was “entitled to newly exercise any and all rights of discovery” with respect to such newly alleged continuing disabilities (CPLR 3043 [b]; see DeLuca v … otherwise cause prejudice to plaintiff, the court improvidently exercised its discretion in requiring the further physical examination to be conducted by the same physician that conducted the initial examination (Lewis v

Lubelle v. Rochester Preservation Board

158 A.D.2d 975 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1990

Wilkerson v Seawall Assocs., — US — , 110 S Ct 500 ). … Co. v New York City, 438 US 104, 134 , reh denied 439 US 883 ).