Case law

Dries v. Town Board of Riverhead

305 A.D.2d 596 · Appellate Division of the Supreme Court of the State of New York · May 19, 2003

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195-196 [2002]; Matter of North Shore Steak House v Board of Appeals of Inc. Vil. of Thomaston, 30 NY2d 238, 243 [1972]; Matter of C.B.H. … Trust v Board of Zoning Appeals of Town of Hempstead, supra).

Nelson v. The Board of Higher Education

263 A.D. 144 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 1941

(O’Connor v. City of New York, 178 App. Div. 550, 557 ; affd., 224 N. Y. 644 ; Moore v. Board of Education, 121 App. Div. 862 ; affd., 195 N. Y. 614 .) … Board of Education, 282 id. 323; Matter of Fuhrmann v. Graves, 235 id. 77, 82.)

Taber v. State Human Rights Appeal Board

64 A.D.2d 990 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1978

Determinations by the division or the appeal board of no probable cause will be overturned as capricious where the underlying investigation is one-sided and abbreviated (Matter of Gregory v New York State Human Rights Appeal … Div. of Sterling Drug v New York State Human Rights Appeal Bd., 64 AD2d 725 ).

Cavalier v. Warren County Board of Elections

2022 NY Slip Op 06095 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 2022

Cavalier v Warren County Board of Elections ( 2022 NY Slip Op 06095 ) Cavalier v Warren County Board of Elections 2022 NY Slip Op 06095 Decided on November 1, 2022 Appellate Division, Third Department Published by New York … Decided and Entered: November 1, 2022 536148 [*1]Richard Cavalier et al., Appellants, v Warren County Board of Elections et al., Respondents, et al., Defendants.

Adirondack Mountain Reserve v. Board of Assessors

99 A.D.2d 600 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1984

Board of Assessors, 54 NY2d 547, 555 ). … Co. v Tax Comm., 85 AD2d 525 , affd 57 NY2d 964 ; Matter of Peck v Obenhoff, 84 AD2d 633 ). A review of the record reveals that petitioner has failed to meet this burden.

Bialla v. Zoning Board of Appeals

271 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2000

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Northport dated August 5, 1998, which denied the petitioners’ application for a determination that they … Therefore, the petitioners applied to the Zoning Board of Appeals of the Village of Northport (hereinafter the ZBA) for an exemption from the minimum depth requirement based upon.the fact that the property had been held in

Save Pine Bush, Inc. v. Planning Board

83 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1981

to review determinations of the planning board (cf. … Bowman v Squillace, 74 AD2d 887 ; Matter of Marshall v Quinones, 43 AD2d 436 ).

Blattner v. Zoning Board of Appeals

17 A.D.3d 360 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2005

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]). … Osgood, 86 NY2d 374, 384-385 [1995]; Matter of CFS Realty Corp. v Board of Zoning Appeals of Town of N.

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

W.O.R.C. Realty Corp. v. Board of Assessors

100 A.D.3d 75 · Appellate Division of the Supreme Court of the State of New York · Sep 12, 2012

Div.] v Unmack, 92 NY2d at 188 ; Matter of Commerce Holding Corp. v Board of Assessors of Town of Babylon, 88 NY2d 724, 732 [1996]). … Corp. v Board of Assessors of County of Nassau, 108 AD2d 493, 500 [1985]).

Dietrich v. Planning Board

118 A.D.3d 1419 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2014

Bd. of Appeals, 67 AD3d 1467, 1467 [2009] [internal quotation marks omitted]; see Matter of New York Botanical Garden v Board of Stds. & Appeals of City of N.Y., 91 NY2d 413, 419 [1998]). … vested in local planning boards” (Matter of Valentine v McLaughlin, 87 AD3d 1155, 1157 [2011], lv denied 18 NY3d 804 [2012], citing Town Law § 274-a [2] [a]).

Mondello v. Nassau County Board of Elections

6 A.D.3d 18 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 2004

Board of Elections of Suffolk County, 38 AD2d 825, 827 [1972], affd 30 NY2d 603 [1972]; see Matter of Delgado v Sunderland, 97 NY2d 420, 423 [2002]). … v Sunderland (supra).

Fiore v. Board of Education Retirement System

48 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1975

v New York City Employees’ Retirement System, 43 AD2d 826 , affd 36 NY2d 671 ; Matter of McGovern v Lowery, 39 AD2d 518 , affd 32 NY2d 954 ; Matter of Manza v Malcolm, 44 AD2d 794 ; Matter of Thomasson v Valentine, 263 * … The controlling authorities hold that it is appropriate for an administrative board to accept the recommendation of its medical board in situations such as these (Matter of McGovern v Lowery, 39 AD2d 518 , affd 32 NY2d 954

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 .)

Ray v. Zoning Board of Appeals

282 A.D.2d 464 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 2001

Pursuant to East Hampton Village Code § 57-7 (D) (1) (b), the Zoning Board of Appeals of the Village of East Hampton (hereinafter the Village Board) may issue special permits for “[t]he conversion of an existing nonconforming … The determination of the Village Board that the proposed use is “more conforming” is supported by substantial evidence in the record and has a rational basis (see, Matter of Watral v Scheyer, 223 AD2d 711 ).

Anello v. Zoning Board of Appeals

226 A.D.2d 458 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1996

Here, the petitioner did apply for a variance to the Zoning Board of Appeals of the Village of Dobbs Ferry (hereinafter the Board). However, after a hearing, the Board denied the application for the variance. … We find that the Board’s determination was not arbitrary or capricious, and was supported by substantial evidence (see, Matter of Fuhst v Foley, 45 NY2d 441 ; Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309

Matter of Brown-Winfield v. Bailey

143 A.D.3d 708 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 2016

Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738 [1967]), asking for leave to withdraw as counsel for the appellant. … Matter of Winter v Karins, 96 AD3d 865, 866 [2012]; Matter of Arcuri v Osuna, 41 AD3d 841 [2007]). Dillon, J.P., Cohen, Miller and Brathwaite Nelson, JJ., concur.

Friends of Pine Bush v. Planning Board

71 A.D.2d 780 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 1979

102 ; Suffolk Housing Servs. v Town of Brookhaven, 63 AD2d 731 ). … Assn, v State Tax Comm., 66 AD2d 977 ).

Cornell University v. Board of Assessors

24 A.D.2d 526 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1965

Watchtower Bible & Tract Soc. v. Haring, 8 N Y 2d 359, mot. for rearg. den. 9 N Y 2d 688; Matter of Pace Coll. v. … Soc. v. Lawler, 74 App. Div. 553 , affd. 179 N. Y. 535 ; People ex rel. Cornell Univ. v. Thorne, 184 Misc. 630 ).

In re Donato v. Board of Education

286 A.D.2d 388 · Appellate Division of the Supreme Court of the State of New York · Aug 13, 2001

Co. v Pattersonville Tel. Co., 56 NY2d 11, 22). … Board of Educ., 228 AD2d 954 ).