Case law

Mello v. Board of Parole

282 A.D. 940 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1953

Mello v. McDonnell, 281 App. Div. 970 ) relating to the sentences running concurrently is applicable to a case like the present one where the convictions and sentences occurred at widely separated times.

Jackson v. Board of Trustees

2 A.D.3d 245 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 2003

In light of such evidence, we cannot overturn the determination of the Board of Trustees (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 144-145 [1997]).

Wood v. Board of Education

267 A.D. 959 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1944

Civil Practice Act, determination of respondent dismissing petitioner from his position as a teacher of swimming reversed on the law, with fifty dollars costs and disbursements to petitioner, and the matter remitted to the Board … (Matter of Elite Dairy Products v. Ten Eyck, 271 N. Y. 488 ; N. Y. Water Service Corp. v. Water P. é C. Comm., 283 N. Y. 23 ; Matter of Guernsey Breeders Co-Op. V. Noyes, 284 N. Y. 197 ; Matter of Collins V.

Board of Education v. Teachers Ass'n

43 A.D.2d 706 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1973

Bigelow v. Board of Trustees

98 A.D.2d 933 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1983

Dowling, 90 AD2d 849 , app dsmd 58 NY2d 1113 , quoting Matter of Simpson v Wolansky, 38 NY2d 391, 396 ; see, also, Matter ofSpetalieri v Quick, 96 AD2d 611, 612 ). … Our discussion in Matter of Kleinsmith v Connelie (id.) about why remittal was unnecessary and why Matter of Simpson v Wolansky ( 38 NY2d 391 , supra:) and Matter of Thompson v Lent ( 53 AD2d 721 ) were not controlling is

Matter of Kemper Ind. Ins. Co. v. Brown

2026 NY Slip Op 00131 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2026

Co. v Brown ( 2026 NY Slip Op 00131 ) Matter of Kemper Ind. Ins. … Co. v Brown 2026 NY Slip Op 00131 Decided on January 14, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Board of Water Commissioners v. Shutts

25 A.D. 22 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1898

Co. v. Hammond (77 id. 39); N. Y. & E. R. R. Co. v. Corey ( 5 How. Pr. 177 ). But neither of these cases decides this question. The respondents cite Matter, of Boston, H. T. & W. R.

Cinque v. Board of Assessors

214 A.D.2d 600 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1995

Dindas v. Board of Education

185 A.D.2d 214 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1992

The petition states that, since the incident, petitioner has been examined by doctors of respondent Board of Education’s Medical Division some 25 times and by panel specialists employed by respondent Board of Education on … In support of the latter proposition, respondents relied on Section 5.4 of the Board of Education’s by-laws, entitled "Retirement”, which states, in pertinent part: "An employee of the board of education shall submit to a

Brown Bark II, L.P. v. Weiss & Mahoney, Inc.

90 A.D.3d 963 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2011

Co. v Marine Motor Sales, Inc., 84 AD3d 1318 [2011]; Futersak v Perl, 84 AD3d 1309 [2011]; Sullivan v Nimmagadda, 63 AD3d 908 [2009]). … It was the plaintiffs burden to establish the terms of the lost instruments (see Marrazzo v Piccolo, 163 AD2d 369 [1990]).

Sperling v. Board of Education

150 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · May 15, 1989

Board of Educ., 50 AD2d 149 , appeal dismissed 39 NY2d 1057 ) and were proper charges to be brought in an Education Law. § 3020-a hearing (see, Matter of Fitzpatrick v Board of Educ., 96 AD2d 557 ). … The penalty imposed was not so disproportionate to the misconduct as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ).

Kretschmann v. Board of Education

294 A.D.2d 39 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2002

The decision of the Court of Appeals in Fleming v Long Is. R.R. ( 72 NY2d 998 ) is instructive. … Co. v Port Auth. Trans-Hudson Corp., 93 NY2d 375, 379 ), that principle does not apply here.

Levy v. Board of Education

275 A.D.2d 459 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 2000

Thus, the petitioner lacks the appropriate certification for the position of English Language Arts/Reading Coordinator (see, Matter of Ward v Nyquist, 43 NY2d 57, 63 ; Matter of Brown v Board of Educ., 211 AD2d 887, 888 ; … Matter of Freeman v Board of Educ., 205 AD2d 38 ; Matter of Schimmel v Board of Educ., 111 AD2d 966, 968 ; Matter of Du Bois v Board of Educ., 104 AD2d 990, 991 ).

Matter of Pettus v. Board of Directors

155 A.D.3d 485 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 2017

Petitioners, a married couple, allege that respondents, the board of directors and managing agent of the cooperative where they reside, and of which petitioner Thompson is a shareholder, abused its discretion in crediting … Carro, 123 AD3d 1, 3 [1st Dept 2014]; Grosso Moving & Packing Co. v Damens, 233 AD2d 128, 128 [1st Dept 1996]; CPLR 2221 [e] [2]).

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]).

Gumbs v. Board of Elections

143 A.D.2d 235 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1988

We reject the petitioner’s contention that the designating petition must be invalidated because the candidate used the familiar form of his proper first name (see, Matter of Gardner v Mahoney, 123 AD2d 520 ).

Brown v. New York City Employees' Retirement System

99 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1984

(Matter of Lichtenstein v Board of Trustees, supra, at p 1012.) The burden is upon petitioner to show that an accident occurred and that a disability was the consequence thereof. … (Matter of Archul v Board of Trustees, 93 AD2d 716 ; Matter of Sheehan v Regan, 84 AD2d 604 .) Petitioner in the instant situation did not meet his burden.

Casino Free Tyre v. Town Board

140 A.D.3d 1711 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2016

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.

Jones v. Zoning Board of Appeals

90 A.D.3d 1280 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 2011

After a hearing, respondent Zoning Board of Appeals of the Town of Oneonta (hereinafter ZBA) granted the variance. … Onge v Donovan, 71 NY2d 507, 520 [1988]; Matter of Conte v *1284 Town of Norfolk Zoning Bd. of Appeals, 261 AD2d 734, 736 [1999]).