Case law

Adelphi University v. Board of Regents

229 A.D.2d 36 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1997

Diffenbach v Regents of Univ. of State of N. … v Kahn, 47 NY2d 24, 31 ).

Cale Development Co. v. Conciliation & Appeals Board

94 A.D.2d 229 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1983

it functions is entitled to the greatest weight.” (.Matter of Herzog v Joy, 74 AD2d 372, 375 ; see Hotel Armstrong u Temporary State Housing Rent Comm., 11 AD2d 395 ; see, also, Matter of Pell v Board of Educ., 34 NY2d 222 … (Laurino v Hewman, 10 AD2d 725 , citing Poel v Brunswick-Balke-Collender Co. of N. Y., 216 NY 310, 322; Heyn v New York Life Ins. Co., 192 NY 1 .)

Segal v. Zoning Board of Appeals

191 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1993

The local zoning board has discretion in considering applications for variances and its determination will be sustained if it has a rational basis and is supported by substantial evidence in the record (Conley v Town of Brookhaven … respondent has established that strict compliance with the 100-foot separation requirement will further important governmental concerns in this case and, therefore, the determination must be confirmed (see, Matter of Lund v

Bruno v. Zoning Board of Appeals

286 A.D.2d 765 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 2001

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip, dated April 18, 2000, which, after a hearing, denied the petitioners’ application for zoning variances … petitioners’ contention, the Supreme Court properly denied their cross motion, as the petitioners failed to demonstrate good cause or that the grant of an extension would serve the interest of justice (see, CPLR 306-b; Hafkin v

Lexiis Fielding Diggs v. Board of Education

79 A.D.3d 869 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2010

Matter of Andrew T.B. v Brewster Cent. … School Dist., 18 AD3d 745 [2005]; Kim L. v Port Jervis City School Dist., 77 AD3d 627 [2010]), that the Board was directed by the police department and the Westchester County District Attorney’s office not to conduct any

Taylor Tree, Inc. v. Planning Board

272 A.D.2d 336 · Appellate Division of the Supreme Court of the State of New York · May 1, 2000

Goldblatt, 9 NY2d 101 , affd 369 US 590 ; Town Bd. v 1320 Entertainment, 236 AD2d 387 ). … The reasonable time restrictions imposed were not arbitrary and capricious (see, Town Bd. v 1320 Entertainment, supra). The petitioner’s remaining contention lacks merit. Ritter, J. P., Joy, S. Miller and H.

Bartholomay v. Zoning Board of Appeals

70 A.D.2d 784 · Appellate Division of the Supreme Court of the State of New York · May 22, 1979

Special Term did not reach the merits but determined that the zoning board lacked subject matter jurisdiction because the board had not notified at least 25 owners of property adjacent to the rezoned parcel as required by … On the rehearing there should also be proof on the issue of self-created hardship (see, generally, Clark v Board of Zoning Appeals of Town of Hempstead, 301 NY 86, 89 ; Matter of Kenyon v Quinones, 43 AD2d 125 ).

Sierra Club v. Board of Education

127 A.D.2d 1007 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 1987

In 1983, the City Board of Education selected a portion of the park adjacent to the Buffalo Museum of Science as the site for its science magnet school and in 1985, the State Department of Education approved the proposed … Agency, 95 AD2d 259, 261 ; Gewirtz v City of Long Beach, 69 Misc 2d 763, 776 , affd 45 AD2d 841 , lv denied 35 NY2d 644 ; Aldrich v City of New York, 208 Misc 930, 939-942 , affd 2 AD2d 760 ; see also, 10 [rev] McQuillin,

McDermott v. Town Board of Patterson

33 A.D.3d 703 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2006

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Town Board of the Town of Patterson dated December 14, 2005, which, upon remittal from this Court by decision and judgment dated

Stamm v. Board of Zoning Appeals

283 A.D.2d 995 · Appellate Division of the Supreme Court of the State of New York · May 2, 2001

As the court properly determined, respondent, Zoning Board of Appeals of the Town of Greece, erred in concluding that the alleged hardship was not self-created. … AD2d 346, 347 ; see, Clark v Zoning Bd. of Appeals, 301 NY 86, 89 , rearg denied 301 NY 681 , cert denied 340 US 933 ; Matter of Ferruggia v Zoning Bd. of Appeals, 233 AD2d 505, 507 ).

Hach v. Zoning Board of Appeals

287 A.D.2d 500 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2001

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of East Hampton, dated November 10, 1998, which, after a hearing, denied the petitioner’s application … both natural coastal erosion and the alleged impacts of government dredging, and to generally protect his home from storm surge damage, the petitioner sought a natural resources special permit from the respondent Zoning Board

Tuxedo Conservation & Taxpayers Ass'n v. Town Board

69 A.D.2d 320 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1979

In March, 1977 the town board delegated to the planning board the authority to hold environmental impact hearings. In mid-1977, the planning board issued a notice of hearing as to Sterling One. … One of the most recent is that of Cardinale v Golinello ( 43 NY2d 288 ).

McMahon v. Board of Trustees

1 A.D.2d 363 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 2003

abide by these procedures, leaving the petitioner with no means of redress under the CBA and depriving him of the due process to which he was entitled (see Matter of Uniform Firefighters of Cohoes, Local 2562, IAFF, AFL-CIO v … Assn. of Fire Fighters, AFL-CIO v City of Newburgh, 116 AD2d 396, 398 [1986]).

Sienbida v. Tonawanda Board & Paper Co.

121 A.D. 70 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1907

Under the common law this may have been a detail of the work for which this employer, having furnished a competent superintendent to-supervise the work, would not have been liable under ■such -cases as Russell v.

Laporta v. New York State Board

251 A.D.2d 119 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1998

—Determination of respondent Board of Parole of the State of New York, dated June 29, 1995, which, after an administrative hearing, revoked petitioner’s parole, unanimously confirmed, the petition denied and the proceeding … McGee v Walters, 62 NY2d 317, 323 ). Concur— Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

Zupa v. Board of Trustees of Southold

54 A.D.3d 957 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 2008

In a proceeding pursuant to CPLR article 78 to review, inter alia, a determination of the Board of Trustees of Town of Southold dated September 21, 2005, granting the application of Paradise Point Association, Inc., for a … Servs., 77 NY2d 753, 757-758 [1991]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2005]).

Friends of Pine Bush v. Planning Board

86 A.D.2d 246 · Appellate Division of the Supreme Court of the State of New York · May 6, 1982

At a public meeting of the City of Albany Planning Board (board) on July 17, 1978, after public hearings before said body on June 22 and July 5, 1978, the board *247 approved the Dunes and Pinehurst subdivision plats in that … of a subdivision plat, that such improvements be installed or that a performance bond shall be furnished by the owner (see Matter of Brous v Smith, 304 NY 164, 169 ).

Gladstone v. Zoning Board of Appeals

13 A.D.3d 445 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2004

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190 [2002]; Matter of Stoppelman v Planning Bd. of Vil. of Scarsdale, 232 AD2d 571 [1996]). … Trust v Board of Zoning Appeals of Town of Hempstead, supra at 196). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. Santucci, J.E, Luciano, Schmidt and Adams, JJ., concur.

Hempstead Country Club v. Board of Assessors

112 A.D.3d 123 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 2013

Club v Board of Assessors, 48 AD3d at 171-172 ). … Club v Board of Assessors, 48 AD3d at 172 ).

Boffa v. Assessor & Board of Assessment Review

154 A.D.3d 934 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2017

Div.] v Unmack, 92 NY2d 179, 187 [1998] [citations omitted], quoting People ex rel. Wallington Apts, v Miller, 288 NY 31, 33 [1942]). … Div.] v Unmack, 92 NY2d at 188 ; see Matter of City of Troy v Town of Pittstown, 306 AD2d 718, 720 [2003]).