Case law

WEOK Broadcasting Corp. v. Planning Board

165 A.D.2d 578 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 1991

Board of Estimate, 72 NY2d 674, 679 ; see, ECL 8-0103 [8]). … Zoning Bd. of Appeals, 154 AD2d 819, 820-821 , lv denied 75 NY2d 708 ; see also, e.g., Matter of Dodson v Planning Bd., 163 AD2d 804, 807 ).

Glickenhaus Foundation v. Board of Assessors

40 A.D.2d 1059 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1972

Co. v. State Tax Comm., 246 N. Y. 322 ). … Y. v. City of Amsterdam, 31 Misc 2d 1096, 1098 ).

Smoke v. Planning Board

138 A.D.3d 1437 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2016

on the special permit (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]). … Waste Servs. v Board of Appeals of Town of Porter ( 75 AD2d 106 [1980], affd 52 NY2d 963 [1981]) does not dictate a different result.

Groat v. Town Board of Glenville

63 A.D.2d 1043 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1978

He was dismissed from the force by the board. … A failure to state findings precludes adequate judicial review (Matter of Simpson v Wolansky, 38 NY2d 391 ; Matter of Pachucki v Walters, 56 AD2d 677 ). Judgment affirmed, without costs. Sweeney, J.

Fernandez v. Planning Board of Pomona

122 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1986

The Board failed to set forth "a reasoned elaboration for the basis of its declaration” (Matter of Nielsen v Planning Bd., supra, p 768; see also, Matter of Oak Beach v Lehman, 100 AD2d 906 , appeals dismissed 63 NY2d 675 … Scrivani, supra; Matter of Oak Beach v Lehman, supra; Matter of Nielsen v Planning Bd., supra).

Petrocelli v. Zoning Board of Appeals

281 A.D.2d 423 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 2001

—In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Village of Kings Point, a/k/a Board of Appeals of the Village of Kings Point, dated December 1, 1999, … Board of Zoning Appeals, 213 AD2d 486 ).

Mularadelis v. Haldane Central School Board

74 A.D.2d 248 · Appellate Division of the Supreme Court of the State of New York · May 5, 1980

Co. v Ferris, 257 App Div 415 , affd 282 NY 667 ; Matter of Budd v Valentine, 283 NY 508 ). … Califano v Webster, 430 US 313, 318 ; Gruenwald v Gardner, 390 F2d 591, cert den sub nom. Gruenwald v Cohen, 393 US 982 ).

Community School Board Nine v. Crew

224 A.D.2d 8 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1996

Board of Educ., 49 NY2d 121, 125-126 ; Donohue v Copiague Union Free School Dist., 47 NY2d 440, 444-445 ; James v Board of Educ., 42 NY2d 357, 366 ; Bullock v Cooley, 225 NY 566, 576-577 ; Matter of Ferrer v Quinones, 132 … Assn. v Board of Educ., 39 NY2d 111, 121 ).

Fischer v. NYS Board of Elections

98 A.D.3d 1067 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 2012

of Elections, of the Suffolk County Board of Elections, Anita S. … Rogers, and of the Nassau County Board of Elections, William T. Biamonte, and Louis G. Savinetti, to dismiss the petition for failure to state a cause of action, and dismissed the petition.

State v. Public Employment Relations Board

116 A.D.2d 827 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1986

Employees Assn. v Newman, 88 AD2d 685 , affd 61 NY2d 1001 ). … Professions v Newman, 86 AD2d 734 ; Matter of County of Onondaga v New York State Public Employment Relations Bd., 77 AD2d 783 ). We find PERB’s decision to be reasonable.

Cuyle v. Town Board of Oxford

301 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2003

Further, the 30-day statute of limitations was triggered by the filing of the Board’s decision, and the filing of the minutes of the meeting was not required (see Matter of Bauman, Taub & Von Wettberg v Village of Hamilton … (see Matter of Manupella v Troy City Zoning Bd. of Appeals, 272 AD2d 761, 763 ; Matter of O’Connell v Zoning Bd. of Appeals of Town of New Scotland, supra at 745; Matter of Tecler v Lake George Park Commn., 261 AD2d 690,

Englert v. Zoning Board of Appeals

81 A.D.3d 1255 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2011

Van Patten v. Board of Assessors

33 A.D.2d 323 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 1970

However, subsequently the same court in Matter of City of New York v. … (See also Matter of Putterman v. Tvedt, 28 A D 2d 852.) In Matter of Onteora Club v.

Litz v. Town Board of Guilderland

197 A.D.2d 825 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1993

The applications were voted upon at the regularly scheduled Town Board meeting on July 14, 1992 and each was denied. … Co. v Swiatek, 162 AD2d 1023 ).

Naumann v. Zoning Board of Appeals

161 A.D.2d 714 · Appellate Division of the Supreme Court of the State of New York · May 21, 1990

, 40 NY2d 309 ; Matter of New York Inst, of Tech, v Tanen, 112 AD2d 164 ; Matter of Fort Ridge Bldrs. v Zoning Bd. of Appeals, 64 AD2d 704 ). … s interpretation is not improper on its face and is reasonable (Appelbaum v Deutsch, 66 NY2d 975 ; see also, Matter of Rembar v Board of Appeals, 148 AD2d 619 ).

MEEGAN, JR., ROBERT P. v. BROWN, BYRON W.

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

MEEGAN, JR., INDIVIDUALLY AND AS PRESIDENT OF BUFFALO POLICE BENEVOLENT ASSOCIATION AND BUFFALO POLICE BENEVOLENT ASSOCIATION, INC., PETITIONERS-RESPONDENTS, V … BROWN, AS MAYOR OF CITY OF BUFFALO, DANIEL DERENDA, AS ACTING COMMISSIONER OF POLICE, AND CITY OF BUFFALO, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) GOLDBERG SEGALLA LLP, BUFFALO (JULIE P.

Wesley v. Board of Fire Commissioners

198 A.D.2d 908 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1993

Petitioner was entitled to sufficient notice of the charges against him and of the rules, policies or procedures that he allegedly violated (see, Montrois v City of Watertown, 115 AD2d 298 , appeal dismissed 67 NY2d 757 ; … see also, General Municipal Law § 209-i; Matter of Block v Ambach, 73 NY2d 323 ).

Sadler v. Zoning Board of Appeals

240 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1997

It is well settled that a determination of a zoning board will be upheld provided that it has a rational basis and is supported by substantial evidence (see, Matter of Shorelands, Inc. v Matthew, 230 AD2d 862 ; Matter of … NY2d 411, 421 , supra; Matter of Sun Oil Co. v Board of Zoning Appeals, 57 AD2d 627 , affd 44 NY2d 995 ; Matter of Pica v Bennett, 164 AD2d 859 ; Village of Spencerport v Webaco Oil Co., 33 AD2d 634 ), there was sufficient

Flanagan v. Zoning Board of Appeals

1 A.D.2d 979 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1956

Proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the respondents, constituting the zoning board of appeals of the Village of Bayville, which revoked the denial by the village building

WALGREENS v. BOARD OF ASSESSMENT REVIEW

Appellate Division of the Supreme Court of the State of New York · Apr 20, 2012

IN THE MATTER OF WALGREENS, PETITIONER-APPELLANT, V ORDER BOARD OF ASSESSMENT REVIEW, AND/OR ASSESSOR OF TOWN OF IRONDEQUOIT, AND TOWN OF IRONDEQUOIT, RESPONDENTS-RESPONDENTS