Case law

Lund v. Town Board of Philipstown

162 A.D.2d 798 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1990

Sena v Board of Zoning Appeals, 45 NY2d 105, 108 ). … Board of Zoning & Appeals, 144 AD2d 561, 562 ; Matter of Grossman v Planning Bd., 126 AD2d 887, 890 ).

Chilson v. Board of Education

41 A.D.2d 739 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1973

We are of the opinion that the matter of discipline is best left to the discretion of the appellant board. … Y. 208, 212 ; see, also, Matter of Mansfield, v. Murphy, 21 A D 2d 659, affd. 16 N Y 2d 986; Matter of Boris v. Murphy, 24 A D 2d 437, affd. 19 N Y 2d 873). Hopkins, Acting P.

Munson v. Seneca County

114 A.D.2d 582 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1985

Appeal from a decision of the Workers’ Compensation Board, filed May 23, 1984, as amended by decision filed October 31, 1984. … month payable to the * * * hospital, in accordance with the rules and regulations promulgated by the board.”

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).

Dressman v. Unemployment Insurance Appeal Board

91 A.D.2d 1147 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1983

Inasmuch as the board’s decision was rendered in its administrative capacity rather than its appellate capacity, a direct appeal to this court, pursuant to section 624 of the Labor Law, does not lie. Mahoney, P.

Mendozza v. Board of Zoning Appeals

30 A.D.2d 863 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1968

Velez v. Board of Elections

59 A.D.2d 513 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1977

Fuss v. Hannibal Town Planning Board

295 A.D.2d 921 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2002

Beach, 236 AD2d 446 ; Matter of Crawford v Kelly, 124 AD2d 1018 ). … In any event, the “perceived deficiencies in this planning board’s formal findings * * * do not invalidate the determination” (Matter of Committee to Preserve Brighton Beach & Manhattan Beach v Council of City of N.Y., 214

Cuddon v. Olympic Board of Managers

300 A.D.2d 616 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2002

Solow, 91 NY2d 457, 465 ; Mannes v Kamber Mgt., 284 AD2d 310 ; Garrant v New York Tel. … Manocherian, 66 NY2d 452 ; Williams v Dover Home Improvement, 276 AD2d 626 ; Moreta v State of New York, 272 AD2d 593 ; Benefield v Halmar Corp., 264 AD2d 794, 795 ).

Lazarus v. Board of Education

73 A.D.2d 662 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1979

Salesian Soc. v Village of Ellenville, 41 NY2d 521 ). … Flanagan v Board of Educ., 47 NY2d 613 ).

McCue v. Board of Supervisors

45 A.D. 406 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

(Purssell v. Mayor, etc., 85 N. Y. 330 ; Diefenthaler v. Mayor, etc., 111 id. 331 ; Strusburgh v. Mayor, etc., 87 id. 452 ; Matter of Adams v. Supervisors, 154 id. 620.) In the case of Bruecher v. … —Any such board may corréct any manifest clerical or other error in any assessment Or returns made by any one or more town officers to such board, or which may, or shall have properly come before such board for its action

BROWN, COREY A., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Apr 29, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER COREY A. BROWN, DEFENDANT-APPELLANT. MICHAEL F. … required to challenge the legality of a sentence (see generally People v Samms, 95 NY2d 52, 56).

BROWN, DAVID A., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Feb 10, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DAVID A. BROWN, DEFENDANT-APPELLANT. JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT. … BROWN, DEFENDANT-APPELLANT PRO SE. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA, FOR RESPONDENT. Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), rendered July 8, 2009.

BROWN, DANA P., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Mar 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DANA P. BROWN, DEFENDANT-APPELLANT. THOMAS E. … BROWN, DEFENDANT-APPELLANT PRO SE. GERALD L. STOUT, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Wyoming County Court (Mark H.

Haberman v. Zoning Board of Appeals

35 A.D.3d 465 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2006

Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984]; Matter of Intermor v Board of Trustees of Inc. … , 464 [2005]; see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]).

Acme Blacktop Paving Corp. v. Brown & Matthews, Inc.

30 A.D.2d 1042 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1968

(Cummings v. Morris, 25 N. Y. 625, 627 .) … If the assignment in its present form does not correctly express the intention of the parties, plaintiff may seek reformation of the instrument. (6 N Y Jur., Reformation of Instruments, § 41; Brandwein v. Provident Mut.

Carlucci v. Board of Zoning Appeals

205 A.D.2d 688 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1994

The decision of the Board of Zoning Appeals was supported by substantial evidence and was not illegal, arbitrary, or an abuse of discretion (see, e.g., Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Kattke v Village of … Equities Assocs. v Board of Appeals, 199 AD2d 397 ). The petitioner failed to meet her burden that strict compliance with the zoning law would cause "practical difficulties”.

Margaritis v. Zoning Board of Appeals

32 A.D.3d 855 · Appellate Division of the Supreme Court of the State of New York · Sep 12, 2006

health, safety and welfare of the neighborhood or community if the variance is granted” (Matter of Ifrah v Utschig, 98 NY2d 304, 307 [2002]; see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004 … Local zoning boards have broad discretion in considering applications for area variances (see Matter of Inlet Homes Corp. v Zoning Bd. of Appeals of Town of Hempstead, 2 NY3d 769 [2004] ; Matter of Pecoraro v Board of Appeals

State Board of Pharmacy v. Gasau

118 A.D. 909 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1907

State v. Public Employment Relations Board

114 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1985

order of the Supreme Court at Special Term (Williams, J.), entered November 2, 1984 in Albany County, which, in consolidated proceedings pursuant to CPLR article 78, denied motions by respondents Public Employment Relations Board … Employees Assn. v Milowe, 66 AD2d 38, 45 , mod on other grounds sub nom. Matter of Civil Serv. Employees Assn. v Newman, 46 NY2d 1005 ).