Case law

Baldassare v. Planning Board of Ithaca

200 A.D.2d 948 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 1994

854 ; see, Matter of Demisay, Inc. v Petito, 31 NY2d 896, 897 ; Matter of Dutton v Town of Canaan, 199 AD2d 659, 660 ). … We further find, based upon our review of the record as a whole, that the Planning Board’s determination in this matter is supported by substantial evidence (see generally, Matter of Moody Hill Farms v Zoning Bd. of Appeals

Icahn v. Board of Zoning Appeals

268 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2000

Halpern before the Board of Zoning Appeals of the Village of East Hampton was untimely was not made before that agency and, therefore, is not properly before this Court (see, Matter of Hughes v Suffolk County Dept. of Civ … Serv., 74 *476 NY2d 833 ; Matter of Klapak v Blum, 65 NY2d 670 ).

Mason v. Zoning Board of Appeals

72 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1979

Home Constr. v Van Wagner, supra; Matter of Knight v Bodkin, supra). The final reason given by the zoning board is that its vote against the special permit was unanimous. … The finding of the zoning board is, therefore, not supported by any evidence and Special Term properly ordered the zoning board to issue the special permit (see Matter of Ouderkirk v Board of Appeals of Town of Bethlehem,

Simonsen v. Zoning Board of Appeals

301 A.D.2d 654 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 2003

Hampton v Buffa, 157 AD2d 714 ). … Matthew, 230 AD2d 862 ; Matter of New Venture Realty v Fennell, 210 AD2d 412 ).

Sterngass v. Town Board of Clarkstown

27 A.D.3d 550 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 2006

In an action pursuant to CPLR 5104 to hold the defendants in contempt for allegedly failing to comply with an order of the Supreme Court, Rockland County (Walsh, Jr., J.), in a prior proceeding entitled Matter of Town Board … Ottomanelli, 17 AD3d 647 , 648 [2005], quoting Kawar v Kawar, 231 AD2d 681, 682 [1996]; see McCain v Dinkins, 84 NY2d 216, 226 [1994]; Matter of McCormick v Axelrod, 59 NY2d 574, 583 [1983]; Judiciary Law *551 § 753 [A]).

Wright v. Town Board of Ticonderoga

132 A.D.2d 794 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1987

Agents v Schenck, 44 AD2d 757, 758 ). Judgment affirmed, with costs. Mahoney, P. J., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.

Haberman v. Zoning Board of Appeals

53 A.D.3d 490 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2008

that the petitioners/plaintiffs were not entitled to the building permit issued on August 12, 2003 and, further, dismissed the appeal as academic in light of our determination on the cross appeals (see Matter of Haberman v … Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984]). Ritter, J.P., Santucci, Carni and Balkin, JJ., concur.

Brown ex rel. Stevens v. State

144 A.D.3d 88 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 2016

The Education Article does not protect schools; it protects the “students . . . constitutional right to a ‘sound basic education’ ” (Paynter v State of New York, 100 NY2d 434, 439 [2003], quoting Board of Educ., Levittown … V.

Stoller v. Board of Zoning & Appeals

40 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1972

that the board’s determination dated June 9, 1971 is confirmed. … In our opinion, substantial evidence was adduced at the hearing before the Board of Zoning and Appeals to justify its issuance of the certificate permitting construction of the addition to the school.

Alfano v. Zoning Board of Appeals

74 A.D.3d 961 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 2010

Corp. v Board of Trustees of Inc. … Corp. v Board of Trustees of Inc. Vil. of Rockville Ctr., 64 NY2d at 922 ).

Bayer v. Zoning Board of Appeals

133 A.D.2d 83 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 1987

of De Bellis v Luney, 128 AD2d 778 ; Matter of Town of Clinton v Dumais, 69 AD2d 836 ). … J., Brown, Weinstein and Rubin, JJ., concur.

Ford v. Zoning Board of Appeals

7 A.D.3d 797 · Appellate Division of the Supreme Court of the State of New York · May 24, 2004

Co. v Gliedman, 62 NY2d 539, 545 [1984]; see Matter of Doyle v Amster, 79 NY2d 592 [1992]; Matter of Cowan v Kern, 41 NY2d 591 [1977]). … 80 NY2d 684, 689 [1993]; People v Mobil Oil Corp., 48 NY2d 192 [1979]; Matter of Long v Adirondack Park Agency, 76 NY2d 416, 421 [1990]).

Weir v. Zoning Board of Appeals

263 A.D.2d 752 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1999

Foster, 257 AD2d 895, 897 ; see, Matter of Sasso v Osgood, 86 NY2d 374, 385-386 ). … In short, because “the record contains sufficient evidence to support the rationality of the [Zoning] Board’s determination” (Matter of Sasso v Osgood, supra, at 384, n 2), Supreme Court properly dismissed the petition.

Pall Corp. v. Board of Assessors

41 A.D.3d 722 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 2007

Bank v Board of Assessors of County of Nassau, 80 NY2d 961 [1992]; see also Matter of Newbany Corp. v Board of Assessors, 153 AD2d 696 [1989]; cf. … Bank v Board of Assessors of County of Nassau, supra at 964-965; Matter of 1 Toms Point Lane Corp. v Board of Assessors, supra; Matter of Newbany Corp. v Board of Assessors, supra at 697; Vantage Petroleum v Board of Assessment

Hankins v. Board of Education

5 A.D.3d 771 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2004

Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 [1996]; Matter of Syquia v Board of Educ. of Harpursville Cent. School Dist., 80 NY2d 531 [1992]). S. Miller, J.P., Luciano, Adams and Townes, JJ., concur.

Brown v. BKV Realty Co.

286 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2001

Plaintiff submitted proof in admissible form establishing that his fall from a scaffold was the proximate cause of his injuries (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324 ; see generally, Weininger v Hagedorn & Co., … defendants’ examining physician raises an issue of fact whether plaintiffs “present condition” is related to the accident, it fails to raise an issue of fact whether plaintiff sustained any causally related injury (see, Alvarez v

Mueller v. Zoning Board of Appeals

10 A.D.3d 687 · Appellate Division of the Supreme Court of the State of New York · Sep 20, 2004

. *690 Zoning boards have broad discretion in interpreting local zoning ordinances and a court may not substitute its judgment for that of the zoning board (see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of … Assets v Zoning Bd. of Appeals of Vil. of Pleasantvillé, 98 NY2d 683, 685 [2002]; Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Savetsky v Board of Zoning Appeals of Town of Southampton, 5 AD3d 779, 780 [2004

Matter of Brown-Winfield v. Bailey

154 A.D.3d 708 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 2017

Thus, contrary to the Family Court’s determination, it was authorized to consider modification of the Kings County Family Court custody order (see Matter of Winter v Karins, 96 AD3d 865, 866 [2012]; Matter of Garner v Forsythe

Shop-Rite Supermarkets, Inc. v. Planning Board

82 A.D.3d 1384 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 2011

Planning Board). … Matter of Granger Group v Town of Taghkanic, 77 AD3d at 1142-1143 ; Matter of Mirabile v City of Saratoga Springs, 67 AD3d 1178, 1181 [2009]).

Brown v. New York City Tr. Auth.

183 A.D.3d 863 · Appellate Division of the Supreme Court of the State of New York · May 27, 2020

Brown v New York City Tr. Auth. ( 2020 NY Slip Op 02998 ) Brown v New York City Tr. … LASALLE, JJ. 2017-06158 (Index No. 15291/08) [*1]Willie Brown, etc., respondent, v New York City Transit Authority, et al., appellants. Lawrence Heisler, Brooklyn, NY (Timothy J.