Case law

Drake v. Zoning Board of Appeals

183 A.D.2d 1031 · Appellate Division of the Supreme Court of the State of New York · May 14, 1992

Following a public hearing on the matter, respondent Zoning Board of Appeals of the Village of Colonie denied the application. … In view of the foregoing, it cannot be said that the denial of petitioner’s application by the Zoning Board was arbitrary or capricious (see, Matter of Schaeffer v Zoning Bd. of Appeals, 142 AD2d 848 ).

City of Rome v. Board of Assessors

147 A.D.3d 1410 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2017

Same memorandum as in Matter of City of Rome v Board of Assessors and/or Assessor of Town of Lewis ([appeal No. 2] 147 AD3d 1410 [2017]). Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.

Ricca v. Board of Education

91 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1983

provision in the amended judgment being enforced, petitioner was entitled to a due process hearing on whether the Court of Appeals order reinstating a judgment of the Supreme Court, Richmond County, dated June 30,1977 (Ricca v … Board of Educ, 47 NY2d 385 ) was being complied with when, at the time the board of education purportedly “complied” with that decision by issuing a reinstatement order to McKee Vocational High School, it virtually simultaneously

Workmen's Compensation Board v. Eriksen

43 A.D.2d 597 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1973

investigator on September 17, 1970 of such liability and, in addition, by a letter dated March 4, 1970 from a Senior Attorney of the Workmen’s Compensation Board. … (Múllame v. Central Hanover Trust Co., 339 U. S. 306 ; Millilcen v. Meyer, 311 TJ. S. 457.)

Okin v. Board of Education

269 A.D.2d 435 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 2000

Ordered that the appeal from the order is dismissed, with costs, as no appeal lies from an order denying reargument (see, Bossio v Fiorillo, 222 AD2d 476 ). Bracken, J.

Glass v. Board of Education

21 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1964

This disposition is without prejudice to such further proceedings not inconsistent herewith, as the board may be advised. … A teacher with tenure may not be summarily dismissed without a hearing on charges (Education Law, § 2573, subds. 5, 7; Matter of Boyd v. Collins, 11 N Y 2d 228, 233; Matter of Kobylski 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 ).

Board of Managers v. Pomerantz

262 A.D.2d 212 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1999

The motion court properly permitted the action to be discontinued on the ground that the controversy concerning the composition of the board was rendered academic by a subsequent board election. … Any issue with respect to the subsequent board election or the membership of the present board may be determined in the separate action commenced subsequent to the new board election.

Goldman v. Board of Education

44 A.D.2d 828 · Appellate Division of the Supreme Court of the State of New York · May 6, 1974

Cusumano v. Board of Commissioners

251 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1998

Cusumano, and the respondent Theodore Braun submitted nominating petitions to run for a vacancy on the Board of Commissioners of the Franklin Square & Munson Fire District (hereinafter the Board). … if he accepted the nomination did not disqualify him from running for office (see, Matter of Angarano v Van Wart, 42 AD2d 335 , affd 33 *406 NY2d 697 ; Matter of Amelio v Van Wart, 41 AD2d 948 ).

Korman v. Board of Elections

153 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1989

Fucito v. Board of Education

190 A.D.2d 605 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1993

Since both the County of Westchester and the Board of Education of the City of New York are parties to this action for negligence and medical malpractice, both CPLR 504 (1), governing the venue of actions against a county … and treatment was rendered to the decedent by Montefiore Medical Center and several of the defendant physicians, including Dolich and Wetzel (Young Hee Kim v Flushing Hosp. & Med.

Engel v. Moreira-Brown

230 A.D.2d 946 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1996

That challenge resulted in an initial ruling by respondent State Board of Elections (hereinafter the Board) on July 30, 1996 that respondent’s petition was, indeed, invalid due to an insufficient number of legitimate signatures … petitioner’s counsel alluding to what appeared to be a request for a lengthy adjournment (at least until after August 5, 1996), the court noted that due to the constraints imposed in matters of this kind (see, Matter of Pell v

Litman v. Board of Education

170 A.D.2d 194 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1991

Petitioners, 35 special education teachers, brought this article 78 proceeding challenging an agreement reached between respondent Board of Education of the City of New York and their bargaining agent, the United Federation … Bronstein, 33 NY2d 488, 492 , quoting Turner v Fouche, 396 US 346, 362 ).

Kramer v. Board of Education

57 A.D.2d 557 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1977

After he was hired, petitioner applied for two salary differentials pursuant to subdivision 3 of former section 3103 of the Education Law and a promotional differential pursuant to section 484 of the by-laws of the board … On appeal, for the first time, respondent notes that it is the policy of the board of education to include days of excused absence in computing days of completed substitute service.

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

Board of Managers v. Frazier

81 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · May 7, 1981

As held in the companion action (Frazier v Board of Managers of Vil. … However, these counterclaims are substantially the same as the complaint in the companion action (Frazier v Board of Managers of Vil. House, 80 AD2d 1003 ) which we have dismissed.

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