Case law

AIKENS, THOMAS v. BROWN, DAWSON

Appellate Division of the Supreme Court of the State of New York · Feb 8, 2013

THOMAS AIKENS, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER DAWSON BROWN, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. … Cass v Khahaifa, 89 AD3d 1517, 1517-1518).

Witkowich v. Zoning Board of Appeals

84 A.D.3d 1101 · Appellate Division of the Supreme Court of the State of New York · May 17, 2011

Osgood, 86 NY2d 374, 384 [1995]; Matter of Genser v Board of Zoning & Appeals of Town of N. … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 196 [2002]).

BROWN, LINDA M. v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

BROWN, CLAIMANT-RESPONDENT, V MEMORANDUM AND ORDER STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 110037) (APPEAL NO. 3.) ERIC T. … Same memorandum as in Brown v State of New York ([appeal No. 2] ___ AD3d ___ [Nov. 10, 2016]). Entered: November 10, 2016 Frances E.

O'Connor v. State Board of Parole

270 A.D. 93 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1945

Petitioner appeared before the Parole Board on September 16, 1941, and' was denied parole. … We forbear from discussing the merits of petitioner’s fitness for parole because no judicial review of such a matter on the merits may be had (Matter of Hines v. State Board of Parole, 293 N. Y. 254 ).

Kiehm v. Board of Education

203 A.D. 245 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1922

Kiehm v. Board of Education, 198 App. Div. 476 .) Thereafter various hearings were had and the petitioners furnished evidence to the effect that their claim was just and legal for the sum of $29,904.15. … McMillen v. Vanderpoel ( 35 App. Div. 73 ), that the board had other information upon which it based its audit.

Board of Managers v. Matatia

237 A.D.2d 316 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1997

We agree with the Supreme Court’s conclusion that in the instant case the plaintiff Board of Managers of The Village In Mount Kisco Condominium (hereinafter the Board), retained the right to designate and control the parking … of the Board.

Board of Managers v. Frazier

83 A.D.2d 504 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1981

Zucker v. Board of Education

236 A.D.2d 269 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1997

Luburic v. Zoning Board of Appeals

106 A.D.3d 824 · Appellate Division of the Supreme Court of the State of New York · May 8, 2013

Generally, local zoning boards have broad discretion in deciding applications (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Goldberg v Zoning Bd. of Appeals of City of … of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at 613 ).

Ralph v. Board of Estimate

278 A.D. 793 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1951

(Ziadi v. Interurban St. By. Go., 97 App. Div. 137 .) Even if it had jurisdiction to determine the question, People ex rel. Manhattan Stor. é Warehouse Go. v. Lilly ( 299 N. Y. 281 ) would require denial of the motion.

Epstein v. Board of Examiners

255 A.D. 745 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1938

Petitioner appeals from an order dismissing her petition, which prays for a review of the decision of the" Commissioner of Education of the State of New York upholding the board of examiners of the board of education of the … It appears that one of the requirements fixed by the board of examiners was a recommendation by the chief executive of the college or school from which the applicant received her degree.

Board of Education v. Shapiro

85 A.D.2d 763 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1981

submitted in opposition to the motion to dismiss, petitioner gave a cursory explanation for the delay, submitting that any delay was caused by a change in attorneys and inherent delays in the decision-making process of a school board … Viewing the particular circumstances of the instant proceeding, we cannot conclude that petitioner’s nine-month delay in making a demand was unreasonably protracted (see Matter of Perry v Blair, 49 AD2d 309, 315 ).

Brown v. Barney's Inc.

187 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1992

The Supreme Court did not improvidently exercise its dis *550 cretion in denying the plaintiffs motion for a joint trial of the two actions (see, CPLR 602 [a]; McGee v Cataldi, 169 AD2d 822; Continental Bldg. … Co. v Town of N. Salem, 150 AD2d 518 ; cf., Gabran v O & Y Liberty Plaza Co., 174 AD2d 708 ). Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

Zurica v. Board of Education

279 A.D. 765 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1951

Bradley v. Board of Educ. of City of Oneonta, 247 App. Div. 833 , affd. 274 N. Y. 473 , and Burtis v. Board of Educ. of City of New York, 274 App. Div. 802 .) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

Jonathan A. v. Board of Education

8 A.D.3d 80 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2004

Corp., 96 NY2d 222, 233 [2001], quoting D'Amico v Christie, 71 NY2d 76, 88 [1987]; see also Purdy v Public Adm’r, 72 NY2d 1, 8 [1988]; People v Sturm, Ruger & Co., 309 AD2d 91, 95 [2003], lv denied 100 NY2d 514 [2003]). … Gonzalez v 98 Mag Leasing Corp., 95 NY2d 124 [2000]; M.D. v Pasadena Realty Co., 300 AD2d 235 [2002]). Concur— Sullivan, J.P., Lerner, Friedman and Marlow, JJ.

Brown v. Golub Corp.

178 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1991

Plaintiff failed to establish a justifiable excuse and a meritorious cause of action (see, CPLR 3216 [e]; Sheet v Rashid, 124 AD2d 1035 ; MacLeod v Nolte, 106 AD2d 860, 861 ).

Du Bois v. Town Board

43 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1973

Utica, 173 F. 502, 507 ), which may not be reviewed in an article 78 proceeding (Matter of Lakeland Water List. v. Onondaga County Water Auth., 24 N V 2d 400, 407). … O’Flynn v. Village of East Rochester, 292 N, Y, 156, 165; Shoshone Highway List. v. Anderson, 22 Idaho 109 ; see Highway Law, § 142-c). Judgment affirmed, without costs. Herlihy, P.

Schiffer v. Board of Education

112 A.D.2d 372 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1985

Matter of Fitzpatrick v Board of Educ., 96 AD2d 557 ; Matter of Pell v Board of Educ., 34 NY2d 222 ). … Matter of Wolfson v Board of Educ., 47 AD2d 748 ). Mollen, P. J., Mangano, O’Connor and Weinstein, JJ., concur.

Harden v. Board of Elections

153 A.D.2d 540 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1989

Pagliaroli v. Zoning Board of Appeals

66 A.D.2d 997 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1978

(Matter of Bianca v Frank, supra, p 173.) … (Matter of Bianca v Frank, supra, p 173.)