Case law

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.

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 v. Motor Vehicle Accident Indemnification Corp.

35 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1970

MVAIC, 31 A D 2d 588, 589, affd. 25 N Y 2d 384, 387; Matter of Smith v. MVAIC, 33 A D 2d 786; and Milstein v. Clark, 32 A D 2d 935). … The Second Department has adopted this principle in Matter of Smith v. MVAIC (supra) and Milstein v. Clark (supra). The First Department case of Matter of O’Rourke v.

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 ).

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.

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. Frazier

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

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 ).

David Brown Corp. v. Hewitt-Robins Inc.

23 A.D.2d 490 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1965

Plaintiff David Brown Corporation (Brown) a stockholder of approximately 15% of the shares of Hewitt-Robins Inc.

Claim of Wagoner v. Brown Manufacturing Co.

249 A.D. 886 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1937

He was a resident of the State of North Carolina, employed as a traveling salesman by the Brown Manufacturing Company, whose sole office and principal place of business is located at LeRoy, N. Y. … employed by correspondence, he never came to the New York office and while he was traveling in the south the injury occurred for which the claim is made and stress is laid on the case being similar to Matter of Hospers v.

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.

Beer v. Board of Education

274 A.D. 931 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1948

Kieran v. Hunter College Retirement Board

255 A.D. 378 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1938

(Kearney v. Cruikshank, 117 N. Y. 95 .) The. beneficiary’s interest in a pension is vested and in the absence of some statutory reservation it may not be diminished or otherwise adversely affected. (Roddy v. … (Matter of Mahon v. Board of Education, 68 App. Div. 154, 156 ; affd., 171 N. Y. 263 .) Under the retirement system the nature of the pension takes the cause out of the normal common-law annuity rule.

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.

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).

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.

Roberts v. Town Board of Carmel

207 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 1994

not a sufficient ground upon which to invalidate a board’s actions (see, Matthes v Town of E. … Additionally, the refusal of the Supreme Court to consider the sanction of an award of counsel fees to the petitioners was proper (see, Matter of New York Univ. v Whalen, supra, at 735; Botwin v Board of Educ., 114 Misc 2d