Case law

PAGE ONE AUTO SALES, INC. v. BROWN & BROWN OF NEW YORK, INC.

Appellate Division of the Supreme Court of the State of New York · Apr 1, 2011

PAGE ONE AUTO SALES, INC., PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER BROWN & BROWN OF NEW YORK, INC., DOING BUSINESS AS BROWN & BROWN, SUCCESSOR IN INTEREST TO RIEDMAN CORPORATION … Stam Agency, 281 AD2d 911, 912; see Wied v New York Cent.

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

Brown Bark I, L.P. v. Imperial Development & Construction Corp.

65 A.D.3d 510 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 2009

Repairs, Inc. v Uretsky, 39 AD3d 675, 677 [2007]; JPMorgan Chase Bank v Gamut-Mitchell, Inc., 27 AD3d 622, 622-623 [2006]; cf. Diplacidi v Gruder, 135 AD2d 395, 395-396 [1987]). … She was represented by counsel at the time the original motion was made (see Reshevsky v United Water N.Y., Inc., 46 AD3d at 533 ).

Town Board of Cortlandt v. New York State Board of Real Property Services

273 A.D.2d 317 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2000

Lakeland School District is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135 ; Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Glinka v Town of Poughkeepsie, 209 AD2d 773 ; Matter of … Romano v Town Bd. of Town of Colonie, 200 AD2d 934 ).

Brown v. City of New York

2018 NY Slip Op 4301 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2018

Brown v City of New York ( 2018 NY Slip Op 04301 ) Brown v City of New York 2018 NY Slip Op 04301 Decided on June 13, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to … HINDS-RADIX, JJ. 2016-11841 (Index No. 507984/14) [*1]Andre Brown, plaintiff-respondent, v City of New York, defendant-respondent, Ann Paneth, appellant, et al., defendants. James T.

Leone Properties, LLC v. Board of Assessors

81 A.D.3d 649 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2011

Board of Assessors &/or Assessor of Town/Vil. of Harrison, 69 AD3d 949, 950 [2010], quoting Matter of Mundinger v Assessor of City of Rye, 187 AD2d 594, 595 [1992]). … Board of Assessors &/or Assessor of Town/Vil. of Harrison, 69 AD3d at 950 [internal quotation marks omitted]; see Allegheny Pittsburgh Coal Co. v Commission of Webster Cty., 488 US 336 [1989]; Matter of Stern v Assessor of

Walgreens v. Board of Assessment Review

94 A.D.3d 1479 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2012

Rich v. Zoning Board of Appeals

53 A.D.2d 672 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1976

The zoning board of appeals erroneously considered petitioner’s application for a special use permit as an application for a variance. The board thus applied a stricter standard than was warranted. … use is in harmony with the general zoning plan and will not adversely affect the neighborhood” (see Matter of North Shore Steak House v Board of Appeals of Inc.

Keating v. Nanuet Board of Education

44 A.D.3d 623 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2007

Co. v City of New York, 60 NY2d 957, 959 [1983]; Fulford v Baker Perkins, Inc., 100 AD2d 861 [1984]), and its determination will not be lightly set aside (see Beuschel v Malm, 114 AD2d 569 [1985]). … Further, the proposed amendment is palpably insufficient as a matter of law and patently devoid of merit (see Hill v 2016 Realty Assoc., 42 AD3d 432, 433 [2007]; Polizzi v Profaci, 5 AD3d 456, 458 [2004]; Giovinco v Goldman

Craig v. Zoning Board of Appeals

50 A.D.2d 887 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1975

, in and of itself, deprive a zoning board of its discretionary power to grant an area variance (see Matter of Young v Beales, 42 AD2d 833 , affd 35 NY2d 662 ; Matter of Banos v Colborn, 35 AD2d 281 , affd 30 NY2d 502 ; Matter … Co. v Delany, 28 NY2d 449 ; Rowe St. Assoc. v Town of Oyster Bay, 34 AD2d 987 , affd 27 NY2d 973 ). Since mere financial loss is all that petitioner has shown, there was ample basis for the board’s decision.

Mayerat v. Town Board of Ashford

185 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1992

The Town Board’s resolution was a legislative act that should be challenged in a declaratory judgment action, not in an article 78 proceeding (see, Matter of Nassau Shores Civic Assn, v Colby, 118 AD2d 782, 783 , mot to dismiss … Corp. v Town Bd., 141 AD2d 796, 796-797 ; Matter of Connell v Town Bd., 113 AD2d 359, 362 , affd 67 NY2d 896 ). Judgment is granted in favor of the Town Board declaring that the resolution of July 10, 1991 is valid.

Stetter v. Town Board of Amherst

46 A.D.2d 1006 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1974

Despite the general rule that “the power which creates an office may abolish it in its discretion” (Anker v. Dibble, 236 App. … The board‘’s use of the power to abolish the office as a means of subjecting the supervisor’s choice to fill that office to the approval of the town board or as a means of altering the term of that office is a clear invasion

Oshry v. Zoning Board of Appeals

276 A.D.2d 491 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2000

applications for variances (see, Matter of Cipriano v Board of Zoning Appeals, 203 AD2d 362 ). … While a violation of the Open Meetings Law alone may not be sufficient to invalidate the determination of the ZBA (see, Matter of Cipriano v Board of Zoning Appeals, supra), where, as here, there are other concerns regarding

Brown v. City of New York

2018 NY Slip Op 4300 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2018

Brown v City of New York ( 2018 NY Slip Op 04300 ) Brown v City of New York 2018 NY Slip Op 04300 Decided on June 13, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to … HINDS-RADIX, JJ. 2016-11159 (Index No. 507984/14) [*1]Andre Brown, plaintiff-respondent, v City of New York, defendant-respondent, Julius Holley, et al., appellants, et al., defendant. Richard T.

Morin v. Zoning Board of Appeals

163 A.D.2d 389 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1990

Scavone v Volz, 34 AD2d 966 ; Matter of Guazzo v Chave, supra), and were never used in conjunction with each other (see, Matter of McDermott v Rose, supra; Matter of Barretto v Zoning Bd. of Appeals, supra; Hemlock Dev. … Accordingly, the matter is remitted to the Zoning Board of Appeals of the Village of Irvington with the direction that it grant the application to the extent indicated.

Brown v. City of New York

150 A.D.3d 615 · Appellate Division of the Supreme Court of the State of New York · May 25, 2017

City of New York, 114 AD3d 451 [1st Dept 2014]; Silva v City of New York, 17 AD3d 566, 567 [2d Dept 2005], lv denied 5 NY3d 705 [2005]). … AD3d 301, 301 [1st Dept 2005]; see Oboler v City of New York, 8 NY3d 888 [2007]).

Leylegian v. Federal Paper Board Co.

251 A.D.2d 60 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1998

Peterson Trust (Peterson) and Grant was operating the car within the scope of his employment with Federal Paper Board Company, Inc. (Federal). … Under the circumstances, there was no mistake as to the identity of Peterson and Grant, and therefore plaintiff could and should have commenced the action within the three-year period specified in CPLR 214 (5) (see, Greene v

Independence Party v. Board of Elections

213 A.D.2d 209 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

Fusion Party of the State of New York nominating Nelson Antonio Denis as candidate for the Public Office of Member of Assembly, unanimously reversed, on the law, without costs or disbursements, the determination of the Board … Therefore, we reverse the IAS Court which found the statute to be unconstitutional and reinstate the determination of the Board of Elections in the City of New York invalidating the Certificate of Nomination of Nelson Antonio

Bienstock v. Zoning Board of Appeals

187 A.D.2d 578 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1992

, or an abuse of discretion (see, Matter of Malhotra v Town of Brookhaven, 185 AD2d 817 ; Matter of Fuhst v Foley, 45 NY2d 441, 444 ). … Pacheco v De Salvo, 127 AD2d 597 ).

Kemp v. Zoning Board of Appeals

216 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1995

Board of Zoning & Appeals, 69 NY2d 406, 414-415 ; Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9 ). … Absent demonstration of some other injury, the appellants lack standing to challenge the variance, regardless of their proximity to the applicant’s property (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals,