Case law

Kilgus v. Board of Estimate

282 A.D. 1040 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1953

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 v. City of New York

2019 NY Slip Op 2295 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 2019

Brown v City of New York ( 2019 NY Slip Op 02295 ) Brown v City of New York 2019 NY Slip Op 02295 Decided on March 26, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to … Decided on March 26, 2019 Manzanet-Daniels, J.P., Gische, Gesmer, Singh, Moulton, JJ. 8811 303170/13 [*1]Nadine Brown, Plaintiff-Appellant, v The City of New York, et al., Defendants-Respondents, The New York City Police

Powers v. Board of Appeals

192 A.D.2d 1104 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1993

Lasky v. Town Board of Amherst

57 A.D.3d 1392 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2008

By Local Law No. 1-2007, defendant further amended the Town’s Zoning Code by eliminating the Planning Board’s discretion to approve a longer street in that type of subdivision. … “[T]he rights of the parties cannot be affected by the determination of [appeal No. 1] and it is therefore moot” (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).

Rudy v. Board of Education

128 A.D.2d 881 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1987

which charged the petitioner only with "incompetence and misconduct” was patently insufficient to inform him of the nature of the charges against him and thus violated his right to due process (see, Matter of Fitzgerald v … Since there may be a rehearing, we also note that the respondent Board may not consider in its finding matters dehors the record (see, Matter of Simpson v Wolansky, 38 NY2d 391 ). Mangano, J.

Sterngass v. Town Board of Clarkstown

43 A.D.3d 1037 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 2007

made during the course of a litigation before final judgment is entered may have preclusive effect provided that the parties had a full and fair opportunity to litigate the initial determination (see Marcus Dairy, Inc. v … issue, they are precluded from relitigating it. *1038 Accordingly, the Supreme Court properly denied that branch of the appellants’ motion which was for leave to amend the complaints in action Nos. 1 and 2 (see Norwalk v

United States Title Guaranty Co. v. Brown

160 A.D. 591 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1914

(Heidenreich v. Hirsh, 85 App. Div. 319 ; Reed v. Marks, 56 id. 272; Belasco v. Klaw, 96 id. 268; Fickinger v. Ives, 109 id. 684.)

Gallahan v. Planning Board of Ithaca

307 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 2003

The issue before the Court is whether petitioner has standing to challenge the site plan approval by respondent Planning Board of the City of Ithaca (hereinafter the Board) of a project by respondent Benderson Development … While standing principles are broadly construed in matters involving zoning and land use development (see Matter of SunBrite Car Wash v Board of Zoning & Appeals of Town of N.

Snyder v. Brown Chiari, LLP

116 A.D.3d 1116 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2014

Davis Polk & Wardwell, 8 NY3d 428, 434 [2007] [citations omitted]; accord Alaimo v McGeorge, 69 AD3d 1032, 1034 [2010]). … Zito v Fischbein Badillo Wagner Harding, 80 AD3d 520, 521 [2011]).

Richards v. Board of Education

144 A.D. 932 · Appellate Division of the Supreme Court of the State of New York · May 15, 1911

Buehler v. Board of Supervisors

236 A.D. 747 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1932

J., and Rhodes, J., concur on the ground that the appellant was a legislative employee (Matter of Ryan v. Vars, 224 App. Div. 773 ), and Hinman, J., on the ground stated in opinion by him in Matter of Stowe v. … Board of Supervisors of Rensselaer County (ante, pp. 212, 217), *748 decided herewith. Hill, J., dissents on the ground that appellant is not a legislative employee, and that the authority of Matter of Ryan v.

Hurley v. Zoning Board of Appeals

69 A.D.3d 940 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2010

A zoning board can entertain a new application when revised plans materially change the aspects of a case (see Matter of Pettit v Board of Appeals of Town of Islip, 160 AD2d 1006, 1007 [1990]; Matter of Freeman v Town of … An application may be denied even in the absence of physical or environmental harm to the neighborhood (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 615 [2004]).

Perger v. Zoning Board of Appeals

146 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1989

the Board’s determination (see, Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309 ). … Even if Stockfield’s difficulties were self-created, such a finding would not, in and of itself, prevent the Zoning Board from granting the variance (see, Matter of De Sena v Board of Zoning Appeals, 45 NY2d 105 ; Matter

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 ).

Franco v. Board of Elections

35 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1970

Schulz v. Town Board of Queensbury

253 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1998

Corp. v McBarnette, 84 NY2d 194, 202-205 ; see also, Press v County of Monroe, 50 NY2d 695, 703 ). … Corp. v McBarnette, supra, at 205).

O'Donovan v. Board of Elections

176 A.D.2d 229 · Appellate Division of the Supreme Court of the State of New York · Sep 5, 1991

Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to restore the name of Thomas Pastore to the appropriate

Brownell v. Board of Education

211 A.D. 823 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1924

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