Case law

Board of Trustees v. Romano

142 A.D.2d 659 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1988

In 1953, the defendant Romano’s predecessor in title petitioned the Village Zoning Board of Appeals for permission to continue the conversion of the building to a residence, or in the alternative, for a determination that … The Board of Appeals denied the application, finding that the building was a boathouse, that the contemplated construction had not been ongoing as of the date of the enactment of the Village Zoning Ordinance, and that the

Scionti v. Board of Education

225 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1996

Board of Education v. Wieder

135 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1987

Braunstein v. Board of Zoning Appeals

100 A.D.3d 1091 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 2012

Board of Appeals of Town of Hempstead, 2 NY3d 608, 612-613 [2004]; Matter of Mary T. … of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at 613 ).

Smith v. Board of Education

226 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1996

The plaintiffs made a prima facie showing that the defendants violated Labor Law § 240 (1), and that such violation was a contributing cause of the injured plaintiff’s injuries (see, Zimmer v Chemung County Performing Arts … This is insufficient to raise a triable issue of fact (see, Figueroa v Manhattanville Coll., 193 AD2d 778 ; Walsh v Baker, 172 AD2d 1038 ). Mangano, P. J., Thompson, Friedmann, Florio and McGinity, JJ., concur.

Lavere v. Board of Zoning Appeals

39 A.D.2d 639 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1972

Daub v. Popkin, 5 A D 2d 283, affd. 4 N Y 2d 1024). The Supreme Court of Pennsylvania has held similarly in Nicholson v. Zoning Board of Adjustment ( 392 Pa. 278 ) and Richman v. … Philadelphia Zoning Board of Adjustment ( 391 Pa. 254 ).

Holmes v. Brookhaven Town Planning Board

137 A.D.2d 601 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1988

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Brookhaven (hereinafter the Board), dated October 20, 1986, which approved a site development plan submitted … On that same day the Board again voted to approve the site plan for the project.

Koupash v. Board of Education

72 A.D.2d 885 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1979

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Washington County) to review a determination of the Board of Education of Bolton Central School, … School Dist., 45 NY2d 279 ; Matter of Pell v Board of Educ., 34 NY2d 222 ).

Berchielli v. Zoning Board of Appeals

202 A.D.2d 733 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1994

In order to grant approval, the Town’s Planning Board must *734 review the proposed subdivision and insure that any construction is in compliance with any zoning ordinance then in effect (id., at art V, § 5 [A]). … Wallace, 118 AD2d 913 ; Incorporated Vil. of Old Westbury v Alljay Farms, 100 AD2d 574 , mod on other grounds 64 NY2d 798 ).

Black v. Board of Elections

104 A.D.2d 777 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1984

Lynch v. Board of Education

81 A.D.2d 668 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1981

It has long been the rule that the existence of a vacancy casts no mandatory duty upon a board of education to fill it (Matter of Jaffe v Board of Educ., 265 NY 160 ). … On the facts of this case, the referee properly rejected this argument (see Matter of Mitchell v Board of Educ., 40 NY2d 904 ; Steele v Board of Educ., 40 NY2d 456 ).

Fisher v. Suffolk County Board

258 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1999

Jones v. Board of Supervisors

46 A.D.2d 102 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1974

(Iannucci v. Board of Supervisors, supra, p. 252.) … (Slater v. Board of Supervisors of County of Cortland, 42 A D 2d 795.)

Spaulding v. American Wood Board Co.

58 A.D. 314 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

(Sprague v. Bartholdi Hotel Co., 68 Hun, 555 .)

2 Park Avenue Associates v. Cross & Brown Co.

60 A.D.2d 566 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1977

The underlying action involves alleged breaches of a management agreement and breach of fiduciary duties by the defendants, including Cross & Brown, the exclusive renting agent of 2 Park Avenue. … Lebenkoff, 10 AD2d 916 ; Wood v Sardi’s Rest Corp., 47 AD2d 870, 871 ).

Belford v. Board of Elections

282 A.D. 891 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1953

Ungerer v. Board of Education

86 A.D.2d 780 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1982

Rispoli v. Board of Education

217 A.D.2d 660 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1995

Martirano v. Zoning Board of Appeals

87 A.D.2d 820 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1982

Vil. of Hempstead, 45 NY2d 105, 108 ), a self-created difficulty is a factor which may be considered by a zoning board (Matter of National Merrit v Weist, 41 NY2d 438 ). … Accordingly, we hold that the zoning board’s determination denying the variance was supported by substantial evidence (see Matter of Fuhstv Foley, 45 NY2d 441 , supra; Matter ofEichenbaum v Arred, 72 AD2d 563 ).

Lazerson v. Board of Appeals

70 A.D.2d 1058 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1979