Case law

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 ).

Bechtle v. Board of Supervisors

81 A.D.2d 570 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1981

The doctrine of stare decisis precludes this court from making a different determination on the merits of this matter (see Franklin v Krause, 32 NY2d 234 ). Lazer, J.P., Gibbons, Cohalan and Thompson, JJ., concur.

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 ).

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

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.

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.)

Franco v. Board of Elections

185 A.D.2d 792 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1992

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

Belford v. Board of Elections

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

DeSabato v. Board of Assessors

248 A.D.2d 469 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1998

A determination is deemed binding when the petitioner receives actual notice of the determination (see, Matter of Adventist Home v Board of Assessors, 83 NY2d 878, 880 ; Matter of Biondo v New York State Bd. of Parole, 60 … NY2d 832, 834 ; Matter of Habracha Assocs. v Michetti, 212 AD2d 709, 710 ).

Kettaneh v. Board of Standards & Appeals

85 A.D.3d 620 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 2011

In reviewing such determinations, “courts consider ‘substantial evidence’ only to determine whether the record contains sufficient evidence to support the rationality of the Board’s determination” (Matter of Sasso v Osgood … Board of Estimate of City of N.Y., 67 AD2d 914, 916 [1979], affd 47 NY2d 935 [1979]; William Israel’s Farm Coop. v Board ofStds. & Appeals of City of N.Y., 22 Misc 3d 1105[A] , 2004 NY Slip Op 51953[U] [2004], appeal dismissed

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

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

Figueroa v. Board of Education

70 A.D.2d 502 · Appellate Division of the Supreme Court of the State of New York · May 1, 1979

Colacino v. Board of Trustees

67 A.D.2d 1108 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1979

Warner v. Teachers Retirement Board

67 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1979

Montano v. Board of Elections

64 A.D.2d 877 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1978

Johnson v. Board of Elections

64 A.D.2d 878 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1978

Varacchi v. Board of Trustees

63 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · May 25, 1978

Bayne v. Board of Elections

58 A.D.2d 863 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1977

— In a proceeding, inter alia, to enjoin the respondent Board of Elections from declaring certain write-in ballots invalid, the appeal is from a judgment of the Supreme Court, Kings County, dated May 31, 1977, which dismissed … Petitioners’ application to validate the write-in adhesive stickers employed on their behalves was properly denied (see Election Law, §437; Education Law, § 2590-c, subd 6, par [7]; Matter of Brennan v Power, 11 Mise 2d 305