Case law

Campo v. Board of Education

211 A.D.2d 658 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1995

When a municipality takes action, after the signing of the contract, which makes the bargain impossible, it would be inequitable to require performance (Anderson v Steinway & Sons, 178 App Div 507 , affd 221 NY 639 ). … This is so even if the municipal action was void because a purchaser *660 will not be compelled to take property which he or she will be obligated to defend by litigation (Anderson v Steinway & Sons, supra).

Sterngass v. Town Board of Clarkstown

10 A.D.3d 402 · Appellate Division of the Supreme Court of the State of New York · Aug 9, 2004

Contr. v Town of Ramapo, 280 AD2d 667 [2001]; Town Bd. of Town of New Castle v Meehan, 226 AD2d 702, 703 [1996]; Holzmacher, McClendon & Murrell v Town of E. Hampton, 204 AD2d 604 [1994]). … Corp. v Zoning Bd. of Appeals, supra).

Kendrick v. Board of Education

273 A.D. 125 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1947

Kendrick, was appointed by the defendant, the Board of Education of the City of Syracuse, referred to hereafter as the Board, to the position of high school teacher in September, 1939, which position the plaintiff has since … Prior to June 30, 1945, the salary schedule adopted by the board and applicable to high school teachers, including the plaintiff, was as follows: “ Class II — High Schools, junior and senior (Grades 7, 8, 9, 10, 11, 12) and

Deedy v. Board of Education

41 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · May 29, 1973

Judgment affirmed, with $20 costs and disbursements (Matter of Associated Teachers of Huntington v. ‘Board of Educ., Union Free School Dist. … No. 3, Town of Huntington, 40 A D 2d 122; Legislative Conference of City Univ. of N. 7. v. Board of Higher Educ. of City of N. 7., 67 Mise 2d 648, mod. 38 A D 2d 524). Rabin, P.

Barker's Stores v. Board of Review

74 A.D.2d 994 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1980

Corp. v City of Binghamton, 61 AD2d 1108 ). … Board of Assessors of County of Nassau, 45 NY2d 538 ).

Citizens Utility Board v. State

267 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1999

Bd. v Pataki, 231 AD2d 185 , lv denied 90 NY2d 811 ). … Cuomo, 66 NY2d 185, 191 ; Rapp v Carey, 44 NY2d 157 , 163).

Slewett & Farber v. Board of Assessors

78 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1981

Board of Supervisors of Westchester County v Fowler, 55 NY 252 ; Van Rensselaer v Witbeck, 7 NY 517 ; People ex rel. Congress Hall v Ouderkirk, 120 App Div 650 ; People ex rel. … (Matter of Slewett & Farber v Board of Assessors of County of Nassau, 97 Misc 2d 637, 650 , supra.)

O'Brien v. Board of Supervisors

236 A.D. 748 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1932

J., and Rhodes, J., on the authority of Matter of Ryan v. Vars ( 224 App. Div. 773 ); Hinman, J., on the ground stated by him in Matter of Stowe v. … Board, of Supervisors of Rensselaer County (ante, pp. 212, 217), decided herewith; Hill, J., solely upon the ground that appellant holds the position formerly held by Ryan (Matter of Ryan v. Vars, 224 App.

Dudley v. Town Board of Prattsburgh

59 A.D.3d 1103 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

In any event, we conclude that petitioners failed to meet their burden of establishing that the Town Board’s determination was “without foundation and baseless” (Matter of Butler v Onondaga County Legislature, 39 AD3d 1271 … economic development” constitute an adequate basis for the Town Board’s determination that the condemnation would serve a public use or benefit (Sunrise Props. v Jamestown Urban Renewal Agency, 206 AD2d 913 [1994], lv denied

Atkins v. New York State Board

289 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 2001

Inasmuch as petitioner has failed to demonstrate that the Board’s determination was affected by “a ‘showing of irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 , quoting Matter of Russo … v New York State Bd. of Parole, 50 NY2d 69, 77 ), we perceive no basis upon which to disturb the Board’s discretionary determination that petitioner was not an acceptable candidate for parole release.

Cotty v. Board of Fire Commissioners

262 A.D.2d 639 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1999

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of the Selden Fire District, dated December 19, 1997, which, upon the determination of a Hearing Officer, after a hearing … of firefighters, the appeal is from an order of the Supreme Court, Suffolk County (Hall, J.), dated June 22, 1998, which granted the petition to the extent of annulling the penalty imposed and remitting the matter to the Board

Corigliano v. Zoning Board of Appeals

18 A.D.3d 750 · Appellate Division of the Supreme Court of the State of New York · May 23, 2005

Local zoning boards have broad discretion, and “[a] determination of a zoning board should be sustained on judicial review if it has a rational basis and is supported by substantial evidence” (Matter of Pecoraro v Board of … As such, it should not have been disturbed (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, supra). Florio, J.P., Santucci, Mastro and Spolzino, JJ., concur.

Scott v. Zoning Board of Appeals

88 A.D.2d 767 · Appellate Division of the Supreme Court of the State of New York · May 14, 1982

As such, it is tantamount to a legislative finding that the use is in harmony with the general zoning plan and that it will not adversely affect the neighborhood (Matter of North Shore Steak House v Board of Appeals of Inc … Corp. v Gibson, 73 AD2d 1050 , affd 53 NY2d 813 ). Additionally, Special Term properly fountj that the permit could not be issued subject to a time limitation.

Jewish Board of Family & Children's Services, Inc. v. Zoning Board of Appeals

135 A.D.2d 859 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1987

of Mollineaux v Michaelis, 29 Misc 2d 933 , affd 16 AD2d 697 ). … Under the circumstances, the Supreme Court should not have annulled the determination of the zoning board (see, Matter of Ft. Greene Assocs. v Murdock, 249 App Div 622 ). Mangano, J.

Acker v. Board of Fire Commissioners

25 A.D.2d 282 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1966

Petitioner’s removal as a volunteer fireman by the respondent Board of Fire Commissioners was based on findings of the board that he was guilty of gross misconduct prejudicial to the best interests of the Kings Park Fire … Matter of Busking v. Kronimus ( 41 Misc 2d 985 , affd. 22 A D 2d 888) is apposite.

Orzech v. Board of Elections

30 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1968

Residential Board of Managers v. Berman

213 A.D.2d 206 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

areas” since plaintiffs claims "cannot be based on a breach of the statutory warranty of habitability”, does not mean that a unit owner is precluded from interposing any defenses at all to an action for foreclosure even v/ … Therefore, Frisch v Bellmarc Mgt. is distinguishable from the matter herein. Concur—Ellerin, J. P., Rubin, Ross, Nardelli and Tom, JJ.

Viacom Corp. v. Board of Assessors

295 A.D.2d 791 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2002

Board of Assessors of Town of Bethlehem, 279 AD2d 118, 120 ). … Co. v Thorpe, 260 AD2d 706, 709 , lv denied 93 NY2d 814 , quoting Nishman v De Marco, 76 AD2d 360, 366 , appeal dismissed 53 NY2d 642 ).

In re the Claim of Brown v. Clifton Recycling

1 A.D.2d 735 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 2003

’ ” (Matter of Scalzo v St. … 814, 814-815 [2000]; Matter of MacKenzie v Management Recruiters, 271 AD2d 822, 824 [2000], lv denied 95 NY2d 768 [2000]), we find no basis to disturb the Board’s determination.

Inguant v. Board of Zoning Appeals

304 A.D.2d 831 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2003

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. … Matter of Staten Corp. v Trotta, 278 AD2d 328 [2000]; Matter of Wantagh Woods Neighborhood Assn. v Board of Zoning Appeals of Town of Hempstead, 208 AD2d 935 [1994]; Matter of Rider v Board of Appeals of Town of Islip, 172