Case law

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  • Vacant Lots, Inc. v. Town Board

    116 A.D.2d 865 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1986

    Nigro, 108 AD2d 722, 723 ; Williams v Albany Med. … The affidavit sufficed to require the venue motion be made in Kings County (see, Meyers v New York State Div. of Hous. & Community Renewal, 32 AD2d 818 ).

    Cited 4 timesPublished
  • Kennedy v. Zoning Board of Appeals

    145 A.D.2d 490 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1988

    Nieberg Realty Corp., 250 NY 304, 306-307 ; Matter of Reilly v Reid, 45 NY2d 24, 28 ). … P., Thompson, Brown and Kunzeman, JJ., concur.

    Cited 5 timesPublished
  • Mann v. Zoning Board of Appeals

    34 A.D.3d 588 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2006

    v Board of Zoning Appeals of Inc. … Shores Dev. v Board of Zoning Appeals, supra).

    Cited 3 timesPublished
  • Brown v. New York Central & Hudson River Railroad

    126 A.D. 240 · Appellate Division of the Supreme Court of the State of New York · May 6, 1908

    In support of this position Guilmartin v. Solvay Process Co. ( 189 N. Y. 490 ) and Gallagher v. Newman (190 id. 444) are cited. We do not think defendant’s position is well founded.

    Cited 1 timesPublished
  • Matter of Hunter v. Brown-Ledbetter

    2018 NY Slip Op 2784 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 2018

    Matter of Hunter v Brown-Ledbetter ( 2018 NY Slip Op 02784 ) Matter of Hunter v Brown-Ledbetter 2018 NY Slip Op 02784 Decided on April 25, 2018 Appellate Division, Second Department Published by New York State Law Reporting … Bank v Huggins , 140 AD3d 858, 859 ; Rabinowitz v Rabinowitz , 137 AD3d 884, 885 ; Board of Mgrs. of Landings at Patchogue Condominium v 263 Riv. Ave. Corp ., 243 AD2d 668, 669 ; see also Matsil v Utica First Ins.

    Cited 0 timesPublished
  • State Board of Pharmacy v. Rhinehardt

    116 A.D. 495 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1906

    Repr. 396) and Binder v. Metropolitan Street R. Co. ( 68 App. … There is force in this suggestion, and it is evident from the prevailing opinion in Schlesinger v. Borough Bank ( 112 App.

    Cited 3 timesPublished
  • Burstein v. Board of Examiners of the New York City Board of Education

    187 A.D.2d 423 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1992

    of the petitioner’s rehabilitation (see, Matter of Bonacorsa v Van Lindt, 71 NY2d 605, 611 ). … for the Board.

    Cited 3 timesPublished
  • Lombardi v. State Board of Elections

    54 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · Aug 31, 1976

    On this record, we find no merit in appellant’s contention that the respondent’s petition, as supplemented, is legally insufficient (see Matter of Reich v Power, 30 AD2d 925 ). … who acted as a commissioner of deeds on these sheets admittedly did not swear any of the persons whose signatures appear thereon, these signatures were properly invalidated (Election Law, § 135, subd 2; Matter of Donnelly v

    Cited 4 timesPublished
  • Shellard v. Town Board of Queensbury

    70 A.D.3d 1288 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 2010

    Onondaga County Water Auth., 24 NY2d 400, 407-408 [1969]; Salem Hills Sewage Disposal Corp. v Village of Voorheesville, 80 AD2d 479, 480 [1981]). … Matter of Heritage Hills Sewage Works Corp. v Town Bd. of Town of Somers, 54 AD3d 673, 674 [2008]).

    Cited 2 timesPublished
  • 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]).

    Cited 0 timesPublished
  • Owen v. Town Board of Wallkill

    94 A.D.2d 768 · Appellate Division of the Supreme Court of the State of New York · May 23, 1983

    O’Connor v G&R Packing Co., 53 NY2d 278 ; Parkoffv General Tel. & Electronics Corp., 53 NY2d 412). … However, bills of particulars, while not required, are available under the Civil Service Law (see Matter of Fitzgerald v Libous, 44 NY2d 660 ; Matter of Pachucki v Walters, 56 AD2d 677 ).

    Cited 4 timesPublished
  • Onekey LLC v. Environmental Control Board

    79 A.D.3d 436 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 2010

    1009 (a) (amended and renumbered Administrative Code § 28-3301.2 [eff July 1, 2008]) was rational, and its determination that petitioner violated the provision was supported by substantial *437 evidence (see Matter of Pell v … Board of Educ. of Union Free School Dist.

    Cited 0 timesPublished
  • Wright v. Town Board of Ticonderoga

    139 A.D.2d 60 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1988

    It does not exempt him from the requirement of a written competitive examination as set forth in Civil Service Law § 65 (see, Matter of Callahan v Poston, 79 Misc 2d 989 ). … This court affirmed the dismissal in Matter of Wright v Town Bd. ( 132 AD2d 794 ).

    Cited 2 timesPublished
  • 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 ).

    Cited 6 timesPublished
  • Reed v. Board of Standards & Appeals

    230 A.D. 21 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1930

    Having the power to make its decision the discretion of the board in the absence of bad faith may not be reviewed. (Matter of Boyd v. Walsh, 217 App. Div. 461 .)” The case of Matter of Vesell v. Walsh ( 225 App. … Smith v.

    Cited 2 timesPublished
  • Dearborn Associates v. Environmental Control Board

    144 A.D.2d 556 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1988

    (see, Matter of Fanelli v New York City Conciliation & Appeals Bd., 90 AD2d 756 , affd 58 NY2d 952 ). … J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.

    Cited 6 timesPublished
  • Stoddard v. Town Board of Marilla

    52 A.D.2d 1091 · Appellate Division of the Supreme Court of the State of New York · May 28, 1976

    Memorandum: This article 78 proceeding was brought to review and annul respondent town board’s determination denying petitioner’s application to rezone a parcel of his land in the town and for judgment directing such rezoning … v Applegate, 266 App Div 412, 420 ; Matter of Deile v Boettger, 250 App Div 633 ).

    Cited 2 timesPublished
  • Caldor, Inc. v. Board of Assessors

    227 A.D.2d 400 · Appellate Division of the Supreme Court of the State of New York · May 6, 1996

    Board of Assessors, 225 AD2d 625 ; Argersinger v State of New York, 32 AD2d 708 ). … The appellants’ contention that the court erred as a matter of law in rejecting its alternate valuation method is without merit (see, Matter of Krebs v Board of Assessors, supra). Ritter, J.

    Cited 4 timesPublished
  • Satin v. Board of Standards & Appeals

    12 A.D.2d 526 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1960

    Matter of Barns v. Osborne, 286 N. Y. 403 ; Civ. Prac. … Murdock, 4 A D 2d 750; Matter of Lake Mahopac Hgts. v. Zoning Bd. of Appeals, 278 App. Div. 779 ; see, e.g., Matter of Barns v. Osborne, supra; Matter of North Amer. Holding Corp. v.

    Cited 2 timesPublished
  • Matter of Brown v. New York City Tr. Auth.

    2023 NY Slip Op 03888 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 2023

    Matter of Brown v New York City Tr. Auth. ( 2023 NY Slip Op 03888 ) Matter of Brown v New York City Tr. … Decided and Entered:July 20, 2023 534608 [*1]In the Matter of the Claim of Tracey Brown, Appellant, v New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent.

    Cited 1 timesPublished

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