Case law

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.

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.)

Williams v. Board of Parole

220 A.D.2d 753 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1995

Grimmick v McGreevy, 141 AD2d 989 ; Matter of Lynch v New York State Div. of Parole, 82 AD2d 1012 ; Executive Law § 259-i [5]). … Accordingly, the determination of the Board of Parole is beyond judicial review (see, Correction Law § 212; Matter of Briguglio v New York State Bd. of Parole, supra).

Pauk v. Board of Higher Education

62 A.D.2d 660 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1978

Y. v Board of Higher Educ. of City of N. Y, 38 AD2d 478, 480 , affd 31 NY2d 926 ). … Div. 807, 813 )” (Matter of Rosen v Board of Higher Educ. of City of N. Y., 27 AD2d 80, 82 , affd 19 NY2d 970 ).

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

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

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 ).

Lund v. Yorktown Planning Board

261 A.D.2d 622 · Appellate Division of the Supreme Court of the State of New York · May 24, 1999

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

Stowe v. Board of Supervisors

236 A.D. 212 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1932

(Matter of McNeles v. Board of Supervisors, 173 App. Div. 411 ; affd., 219 N. Y. 578 .) … The authority of the board of supervisors purporting to act thereunder in matters quite similar to these here involved was considered in Matter of Halligan v. Runkle (supra), and Sheldon v.

Town Board v. City of Poughkeepsie

22 A.D.2d 270 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1964

The rates must be reasonable (Silkman v. Board of Water Comrs., 152 N. Y. 327, 332 ; Johnson-Kahn Co. v. Thompson, 73 Misc. 103, 111 ). … Y. 634 , citing City of Rochester v. Rochester Gas & Elec. Corp., 233 N. Y. 39, 48 ; Silkman v. Board of Water Comrs., supra). Bates may also vary according to differences in cost of delivery.

Glicksman v. Board of Education/Central School Board of Comsewogue Union Free School District

278 A.D.2d 364 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2000

Certain exceptions to this general rule evolved where the case was still pending, ei *366 ther in the trial court or on appeal (see, Matter of Barnes [Council 82, AFSCME], supra; Bray v Gluck, 235 AD2d 72 ; Foley v Roche, … supra; see also, Deeves v Fabric Fire Hose Co., 19 AD2d 735 , affd 14 NY2d 633 ).

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

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 ).

Lubin v. Board of Education

95 A.D.2d 778 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1983

anew the time within which review could be sought (see Matter ofDe Milio v Borghard, 55 NY2d 216, 221-222; Matter of Trivedi v State Bd. of Law Examiners, 86 AD2d 719 ; cf. … Matter of Camperlengo v State Liq. Auth., 16 AD2d 342 ). On this analysis, we need pass upon no further issue. Gulotta, J. P., O’Connor, Bracken and Brown, JJ., concur.

Pilch v. Board of Education

27 A.D.3d 711 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 2006

Picciano & Son, 54 NY2d 311, 317 [1981]; Dennis v City of New York, 304 AD2d 611, 612 [2003]). … Johns Condominium, Inc., 15 AD3d 454 [2005]; Perri v Gilbert Johnson Enters., Ltd., 14 AD3d 681, 683 [2005]; Dos Santos v STV Engrs., Inc., 8 AD3d 223, 224 [2004]).

Board of Trustees v. Pyramid Companies

51 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1976

115 ; Shepard v Village of Skaneateles, 300 NY 115 ; Matter of Wulfsohn v Burden, 241 NY 288 ), but have also insisted that any such action be kept "within the limits of necessity” (Matter of Belle Harbor Realty Corp. v … (Matter of Fulling v Palumbo, 21 NY2d 30 ).

Cattaraugus County Bank v. Brown

122 A.D.3d 1313 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2014

Plaintiff met its initial burden by submitting the promissory note, the unconditional guarantee of defendant Green Gable Village, Limited, and evidence of defendant Corey W Brown’s default on the note (see Counsel Fin. … Servs., LLC v David McQuade Leibowitz, P.C., 67 AD3d 1483, 1484 [2009]; LaMar v Vasile [appeal No. 4], 49 AD3d 1218, 1219 [2008]), and defendants failed to raise a triable issue of fact.

Varley v. Zoning Board of Appeals

131 A.D.2d 905 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1987

The test for unnecessary hardship is articulated in the often-quoted case Matter of Otto v Steinhilber ( 282 NY 71, 76 ) as follows: "Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary … v Board of Appeals, 100 AD2d 590 ).