Case law

Vantage Petroleum v. Board of Assessment Review

91 A.D.2d 1037 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1983

v Board of Assessors of Town of Nelson, 49 Misc 2d 499 , affd sub nom. … Matter of Fieser v Board of Assessors of Town of Nelson, 24 AD2d 1045 ).

Greene v. Town Board of Warrensburg

159 A.D.2d 781 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1990

the issue” (Allied Chem. v Niagara Mohawk Power Corp., 72 NY2d 271, 276 , cert denied 488 US 1005 , 109 S Ct 785 ). … In that earlier proceeding, this court determined that, in the absence of an express statutory basis, the Board could not place an identical proposition before the electorate (see, Matter of Greene v Town Bd., 90 AD2d 916

Heath v. State Teachers' Retirement Board

79 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1980

Plaintiff, a member of the New York State Teachers’ Retirement System, commenced this action seeking a judgment declaring that sections 533 and 535 of the Education Law, as amended, violate section 7 of article V of the State … system which adversely affects the amount of the retirement benefits payable to the members on retirement under laws and conditions existing at the time of his [sic] entrance into retirement system membership” (Birnbaum v

Ganco, Inc. v. City Planning Board

244 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1997

The testimony of respondents’ experts provides a rational basis for the decision of the Common Council (see generally, Matter of Pell v Board of Educ., 34 NY2d 222 , 230-231; see also, Matter of Canisius Coll, v City of Buffalo … Estoppel does not apply to preclude a municipality from enforcing the provisions of its zoning ordinance (see, Matter of Rosbar Co. v Board of Appeals, 53 NY2d 623 ; see also, Pless v Town of Royalton, 185 AD2d 659, 660 ,

Thorne v. Village of Millbrook Planning Board

83 A.D.3d 723 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2011

Assn. v Stark, 253 AD2d 752 [1998]; Matter of Kahn v Pasnik, 231 AD2d 568 [1996]). … A referral to the Zoning Board of Appeals was not required (see Matter of East Moriches Prop. Owners’ Assn., Inc. v Planning Bd. of Town of Brookhaven, 66 AD3d 895 [2009]; cf.

Corbeau Construction Corp. v. Board of Education

32 A.D.2d 958 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1969

Richards v. Hylan, 200 App. Div. 871 ; Matter of colcagnini v. Burns, 216 N. Y. S. 2d 465). Moreover, the respondent Board is not being charged with the violation of a statutory duty (see Matter of Phalen v. … State Comm. for Human Rights v.

Suffolk Sanitary Corp. v. Town Board

55 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1977

Board of Education v. City of Buffalo

32 A.D.2d 98 · Appellate Division of the Supreme Court of the State of New York · May 15, 1969

(Herman v. Board of Educ., 234 N. Y. 196 ; County of Westchester v. Village of Mamaroneck, 22 A D 2d 143.) … (See, also, Town of Poughkeepsie v. Hopper Plumbing & Heating Corp., 46 Misc 2d 761 , affd. 26 A D 2d 772; Union Free School Dist. No. 14 v. Village of Hewlett Bay Park, 279 App.

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]).

City of Amsterdam v. Town Board

100 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1984

Furthermore, any loss is minimal (see City of Batavia v Town of Batavia, 45 AD2d 203 , mot for lv to app den 35 NY2d 644 ). HThe town maintains no police force of its own. … H Finally, the town’s concern over section 713 of the General Municipal Law is unfounded, since the evidence indicates that the territories to be annexed are unpopulated (City of Batavia v Town of Batavia, supra, p 206).

Pascual v. State Board of Law Examiners

79 A.D.2d 1054 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1981

from a judgment of the Supreme Court at Special Term, entered February 21,1980 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the State Board … Cole, 286 NY 202 ; Matter of Sodha v New York State Bd. of Law Examiners, 105 Misc 2d 159 ).

Veysey v. Zoning Board of Appeals

173 A.D.2d 921 · Appellate Division of the Supreme Court of the State of New York · May 2, 1991

, since that issue was not previously asserted as a reason for denying petitioner’s application for a special use permit (see, Matter of Shepard v Zoning Bd. of Appeals, 92 AD2d 993, 995). … v Nusbaum, 138 AD2d 597 ).

Northville Industries Corp. v. Board of Assessors

143 A.D.2d 135 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 1988

Both of the board’s experts violated the cardinal principle of valuation that real property should be valued according to its condition on each tax status date (RPTL 302 [1]; Matter of Adirondack Mountain Reserve v Board … of Grossman v Board of Trustees, 44 AD2d 259, 265 ).

Hamburger v. Board of Estimate and Apportionment

109 A.D. 427 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1905

Examining the question on its merits — in the case relied on (Baker v. City of New York, 56 App. … of estimate and apportionment and the board of aldermen.” .

Petronella v. Zoning Board of Appeals

138 A.D.2d 712 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1988

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the City of Yonkers (hereinafter zoning board), dated March 18, 1986, which granted the respondent Yonkers Rehabilitation … (see, Matter of Fiore v Zoning Bd. of Appeals, 21 NY2d 393 , rearg denied 21 NY2d 1040 ; Matter of Point Lookout Civic Assn. v Zoning Bd. of Appeals, 94 AD2d 744 ; Matter of Consolidated Edison Co. v Hoffman, 43 NY2d 598

Ames 82 v. Board of Review

173 A.D.2d 943 · Appellate Division of the Supreme Court of the State of New York · May 2, 1991

Respondents contend that, in any event, in arriving at his valuation their appraiser actually utilized both the "assessor’s formula”, relying upon Matter of Celwyn Co. v Board of Assessors ( 65 Misc 2d 495 ), and a second … approach, which finds support in Matter of Senpike Mall Co. v Assessor of Town of New Hartford ( 136 *945 AD2d 19 ).

Wal-Mart Stores, Inc. v. Planning Board

238 A.D.2d 93 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1998

Respondent, the Planning Board of the Town, assumed lead agency status for the ensuing review of the project pursuant to the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]), and in May 1995 petitioner … Home Constr. v Van Wagner, 41 NY2d 1028, 1029 ).

Brown v. Manhattan & Bronx Surface Transit Operating Authority

295 A.D.2d 267 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2002

Venuti v. Westchester County Board of Elections

43 A.D.3d 482 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2007

Ordered that the cross appeal is dismissed, without costs or disbursements, on the ground that Mary Anne Scattaretico-Naber is not aggrieved (see CPLR 5511; Parochial Bus Sys. v Board of Educ. of City of NY., 60 NY2d 539 … of Tinari v Berger, supra).

Defreestville Area Neighborhood Ass'n v. Planning Board

16 A.D.3d 715 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 2005

Assoc., 183 AD2d 874 [1992]; see also Matter of Colella v Board of Assessors of County of Nassau, 95 NY2d 401 [2000]; Society of Plastics Indus. v County of Suffolk, supra; Matter of Sun-Brite Car Wash v Board of Zoning … v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004] [citations omitted]). 10 Moreover, “[a] determination of a zoning board should be sustained on judicial review if it has a rational basis and is supported by