Case law

Baker v. Board of Zoning Appeals

67 A.D.2d 1071 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1979

Since local zoning boards have discretion in considering applications for variances, the scope of judicial review is limited and the determination of a zoning board should not be set aside unless there is a showing of illegality … That for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or buildings, c.

Varsity Transit, Inc. v. Board of Education

300 A.D.2d 38 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2002

Its 1979 contract with the Board of Education has been extended regularly by the Board pursuant to statutory authority. … Transportation v Board of Educ. ( 253 AD2d 330, 340 , lv denied 93 NY2d 808 ), wherein, inter *39 alia, we held that Education Law § 305 (14) (a) unambiguously required the base minus one method, and ruled out the use of

Donno Co. v. Board of Trustees

115 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1985

Contr. v Town Bd., 62 AD2d 28, affd 46 NY2d 960 ). … Brown, J. P., Rubin, Lawrence and Hooper, JJ., concur.

Slattery v. Board of Estimate & Apportionment

246 A.D. 296 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1936

We are of the opinion that the adjudication as to the cause of death was binding upon the board of estimate and apportionment, and, as a consequence, the *300 ex parte statement or recommendation of the medical board should … Our conclusion is that the order of ’¡certiorari should be sustained, the determination of the board of estimate and apportionment annulled, with fifty dollars costs and disbursements to the petitioner, and the board directed

Metcalfe v. Bill Board Publishing Co.

176 A.D. 859 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1917

(Morrison v. Smith, 177 N. Y. 366 .) … (Haffen v. Tribune Association, 126 App. Div. 675, 679 .) Paragraph XXIV.

Greene v. Town Board of Warrensburg

90 A.D.2d 916 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1982

Petitioner seeks to compel the Town Board of the Town of Warrensburg to hold a public referendum respecting the installation and maintenance, at town expense, of a television translator system. … A town or municipality may not submit a proposition to the electorate in the absence of express statutory authority permitting it to do so (Matter of McCabe v Voorhis, 243 NY 401, 413 ; Matter of Kupferman v Katz, 19 AD2d

Onteora Club v. Board of Assessors

29 A.D.2d 251 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1968

Ambroad Equities v. Miller, 289 N. Y. 339 .) … Bingham Operating Corp. v. Eyrich, 265 App. Div. 562, 565; People ex rel. Ambroad Equities v. Miller, supra; People ex rel. Schaeffler v. Barker, supra.) The orders should be affirmed, with costs.

Prote Contracting Co. v. Board of Education

230 A.D.2d 32 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1997

(Matter of McKenna v County of Nassau, Off. of County Attorney, 61 NY2d 739, 742 ; Ladd v Stevenson, 112 NY 325, 332 .) CPLR 4404 and 5015 are codifications of this inherent power. (McCarthy v Port of N. Y. … (See, e.g., Ross Bicycles v Citibank, 178 AD2d 388 ; Babylon Assocs. v County of Suffolk, 101 AD2d 207 ; J. M. Deutsch, *41 Inc. v Robert Paper Co., 13 AD2d 768 .)

Boyd v. Buffalo Board of Education

35 A.D.3d 1226 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2006

Boyd v. Buffalo Board of Education

35 A.D.3d 1226 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2006

Matter of Brown v. Erie County Bd. of Elections

197 A.D.3d 1503 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 2021

Matter of Brown v Erie County Bd. of Elections ( 2021 NY Slip Op 05014 ) Matter of Brown v Erie County Bd. of Elections 2021 NY Slip Op 05014 Decided on September 16, 2021 Appellate Division, Fourth Department Published by … BROWN, PETITIONER-RESPONDENT, v ERIE COUNTY BOARD OF ELECTIONS, ET AL., RESPONDENTS, AND INDIA B. WALTON, RESPONDENT-APPELLANT. DOLCE FIRM, BUFFALO (SEAN E. COONEY OF COUNSEL), FOR RESPONDENT-APPELLANT. BRYAN L.

Schultz Management v. Board of Standards & Appeals

103 A.D.2d 687 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1984

(Eaton v New York City Conciliation & Appeals Bd., supra, p 346.) … (Board of Regents v Roth, 408 US 564, 577 .) Petitioners’ reliance upon Mennonite Bd. of Missions v Adams ( 462 US 791 , 103 S Ct 2706 ) is misplaced.

2 Park Avenue Associates v. Cross & Brown Co.

43 A.D.2d 37 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1973

(Galbreath-Ruffin Corp. v. 40th And 3rd Corp., 25 A D 2d 114, 124.) And such has been the rationale of prior holdings. In a cognate case, our brother Steuer, while at Special Term, in Julien J. Studley, Inc. v. … In Meyer v. Stein ( 161 Misc. 91 [Sup. Ct., N. Y. County, 1935, Dore, J.], affd. 247 App.

Lindstrom v. Zoning Board of Appeals

225 A.D.2d 626 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1996

The Supreme Court upheld the Zoning Board’s determination. … The "right to continue a nonconforming use does not include the right to extend or enlarge such a use” (Matter of Smith v Board of Appeals, 202 AD2d 674, 676 ).

Welch v. Zoning Board of Appeals

71 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1979

The application was denied by the respondent Zoning Board of Appeals of the Town of Lloyd following a lengthy hearing and this article 78 proceeding was instituted to challenge that determination. … Evershed, 7 NY2d 256 ; Matter of Crossroads Recreation v Broz, 4 NY2d 39 ; Matter of Everhart v Johnston, 30 AD2d 608 ).

Spaulding v. American Wood-Board Co.

68 N.Y.S. 945 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1901

Sprague v. Hotel Co., 68 Hun, 555 , 22 N. Y. Supp. 1090 .

Reister v. Town Board of Fleming

24 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1965

(Town Law § 191; Matter of Floyd-Jones v. Town Bd., 249 N. Y. 398, 401 .) … (Matter of Ramsay v. Town Bd. of Hempstead, 241 App. Div. 83 .) (Appeal from judgment of Cayuga Trial Term, dismissing the petition.) Present — Williams, P. J., Goldman, Henry and Del Vecehio, JJ.

Sorg v. Zoning Board of Appeals

248 A.D.2d 622 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1998

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village/Town of Mount Kisco, dated July 18, 1995, which, after a hearing, held, inter alia, that it was the responsibility … Therefore, the order is appealable (see, Price v Palagonia, 212 AD2d 765 ).

BROWN, JR., WILLIE L., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Dec 23, 2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER WILLIE BROWN, JR., DEFENDANT-APPELLANT. FRANK H. … We perceive no basis to disturb the jury’s credibility determinations (see People v Brown, 140 AD3d 1740, 1740). The sentence is not unduly harsh or severe.

Ficken v. Vocational Education & Extension Board

238 A.D.2d 589 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1997

on the record when read as a whole (see, Matter of Lahey v Kelly, 71 NY2d 135 ; see, Matter of Berenhaus v Ward, 70 NY2d 436 ). … Under the circumstances of this case, we do not find the penalty of dismissal to be so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ).