Case law

Rodrigues v. Zoning Board of Appeals

21 A.D.3d 1108 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2005

evidence” (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]). … Here, the denial of the petitioner’s application for certain area variances to construct a large addition to an existing two-family dwelling on his property had a rational basis (see Matter of Pecoraro v Board of Appeals

Baka v. Board of Education

8 A.D.2d 613 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1959

Board of Education v. Henderson

42 A.D. 237 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1899

His remedy was to review the assessment by a direct proceeding for that purpose'. ( United States Trust Co. v. Mayor, etc., of New Work, 144 N. Y. 488 .) All concurred, except Spring, J., not sitting.

Westervelt v. Zoning Board of Appeals

7 A.D.3d 964 · Appellate Division of the Supreme Court of the State of New York · May 10, 2004

discretion (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304 [2002]; Matter of Fuhst v Foley, 45 NY2d 441 [1978]; Matter of Point Lookout *965 Civic … Utschig, supra; Matter of Pecoraro v Board of Appeals of Town of Hempstead, supra).

Besthoff v. Zoning Board of Appeals

34 A.D.2d 782 · Appellate Division of the Supreme Court of the State of New York · May 4, 1970

In this proceeding pursuant to article 78 of the CPLR, to annul the respondent Zoning Board of Appeals’ determination, dated February 7, 1969, which granted respondent Wyman’s application for an extension of a nonconforming … The respondent Zoning Board of Appeals found that the subject property had acquired a nonconforming use for 62 dwelling units. In our opinion there was no substantial evidence to support such a finding.

CHAUTAUQUA COUNTY DEPARTMENT OF v. BROWN, KEVIN C.

Appellate Division of the Supreme Court of the State of New York · Mar 20, 2015

WEILER, PETITIONER-APPELLANT, V ORDER KEVIN C. BROWN, RESPONDENT-RESPONDENT. (APPEAL NO. 26.) JULIE B. … It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Matter of Chautauqua County Dept. of Health & Human Servs. v Matteson, ___ AD3d ___ [Mar. 20, 2015]).

Colon v. Board of Education

14 A.D.2d 842 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1961

In this respect Schulman’s failure to notify the school principal of the commencement of work was a proximate and concurrent cause, in pari delicto, with the fault of Bedden (the subcontractor) and the Board of Education … Schulman, on the other hand, had just such duties under his agreement with the Board of Education. Hence, Schulman has no claim over, as a matter of law (Crawford v. Blitman Constr.

Caldor, Inc. v. Board of Assessors

142 A.D.2d 57 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1988

Mall v Condon, 36 NY2d 544, 548 ; Matter of Delaware & Hudson Ry. Co. v McDonald, 126 AD2d 29, 34 , mot to dismiss appeal granted 70 NY2d 693). … . * Respondents and Supreme Court rely principally on O’Brien v Reff ( 52 AD2d 1031 ).

Planck v. Suny Board of Trustees

18 A.D.3d 988 · Appellate Division of the Supreme Court of the State of New York · May 12, 2005

Liberties Union v State of New York, 3 AD3d 811, 811-812 [2004], affd 4 NY3d 175 [2005]). … matter jurisdiction (see Colombo v Schwartz, 15 AD3d 522, 523 [2005]).

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

Matter of Brown v. New York City Hous. Auth.

182 A.D.3d 594 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2020

Matter of Brown v New York City Hous. Auth. ( 2020 NY Slip Op 02467 ) Matter of Brown v New York City Hous. … LASALLE, JJ. 2018-07542 (Index No. 501198/18) [*1]In the Matter of Helen Brown, respondent, v New York City Housing Authority, appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY (Patrick J.

McWilliams v. Board of Education

52 A.D.2d 552 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1976

Home Depot, U.S.A. v. Town Board

63 A.D.3d 938 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 2009

Group Corp. v Planning Bd. of Town of Woodbury, N.Y., 20 AD3d 531, 533 [2005]; see Matter of Pearson Kent Corp. v Bear, 28 NY2d 396, 399 [1971]; Matter of Mackall v White, 85 AD2d 696 [1981]). … Assn. v Town of Clifton Park, 172 AD2d 54, 56 [1991]; Holmes v Planning Bd. of Town of New Castle, 78 AD2d 1, 13 [1980]).

Auser v. Town Board of Newcastle

149 N.Y.S. 1069 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1914

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.

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.

Ballard-Brown v. Yo Yo Cab Corp.

144 A.D.2d 318 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1988

Hughes v. Board of Higher Education

286 A.D. 180 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1955

(Adler v. Board of Educ., 342 U. S. 485, 496 , supra.) … Div. 527 , and Matter of L’Hommedieu v. Board of Regents, 276 App. Div. 494 ).

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

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).