Case law

Zuckerbrod v. Board of Higher Education

278 A.D. 822 · Appellate Division of the Supreme Court of the State of New York · May 22, 1951

We determine that the decision as to the scope of the judgment is correct and that the plaintiffs are entitled to all of the rights and emoluments as if they had been clerical assistants, and the board of higher education

Bauer v. Planning Board of Scarsdale

186 A.D.2d 129 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1992

v Boronow, 71 NY2d 284 ; Matter of Reilly v Reid, 45 NY2d 24 ). … was contingent (see, Matter of Gottlieb v Rye City Planning Commn., 154 AD2d 465 ; Akpan v Koch, 75 NY2d 561, 570 ; Matter of Jackson v New York State Urban Dev.

Kreuter v. Zoning Board of Appeals

174 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1991

, 314 ; Matter of Spandorf v Board of Appeals, 167 AD2d 546 ). … Corp. v Auwarter, 152 AD2d 582, 584 , quoting Matter of Graziano v Scalafani, 143 AD2d 664, 666 ).

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).

Messina v. Albany County Board of Elections

66 A.D.3d 1111 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 2009

1983]; Matter of Fischer v Suffolk County Bd. of Elections, 55 AD3d 759, 760 [2008]; Matter of Jennings v Board of Elections of City of N.Y., 32 AD3d 486, 486-487 [2006], lvs denied 7 NY3d 707 [2006]; Matter of Vasquez v … John v Board of Elections of County of Albany, 145 Misc 2d 324, 328-329 [1989]).

Russo v. City of Albany Zoning Board

78 A.D.3d 1277 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2010

and must also consider five statutory factors (see Town Law § 267-b [3]; Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at 612-613; Matter of Ifrah v Utschig, 98 NY2d at 307-308 ). … 216, 226 [1994]; see Matter of Board of Educ. of City School Dist. of City of N.Y. v Mills, 25 AD3d 952, 954 [2006]).

Kensington Road, Ltd. v. Planning Board

104 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1984

to the board’s consideration of the merits of the site plan. … Accordingly, respondent planning board’s conclusion that petitioner’s application was incomplete without reference to the building at 1 Pondfield Road was not arbitrary, capricious or illegal.

Stewart v. Zoning Board of Appeals

127 A.D.2d 599 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1987

cause significant economic injury (see, Matter of Cowan v Kern, 41 NY2d 591 , 596-597; Matter of Brower v Board of Zoning Appeals, 58 AD2d 863). … Planning Board of the Town of New Castle (see, Matter of Sengstacken v Zoning Bd. of Appeals, 87 AD2d 651 ; Matter of Beck v Goodday, 24 AD2d 1016 ).

Brown v. New York City Health & Hospitals Corp.

6 A.D.3d 258 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2004

Plaintiff s failure to challenge defense counsel’s tactics in his posttrial motion to set aside the verdict renders this claim unpreserved for appeal (Califano v City of New York, 212 AD2d 146 [1995]). … Defendant would have been prejudiced by deprivation of the opportunity to conduct a deposition of a key witness on this point (see Prince v O’Brien, 256 AD2d 208, 211-212 [1998]).

Willkie v. Delaware County Board of Elections

55 A.D.3d 1088 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2008

Election Law § 5-104 (2) provides that, “[i]n determining a voter’s qualification to register and vote, the board [of elections should] consider, in addition to the [voter’s] expressed intent, his [or her] conduct and all … 82 NY2d 654 [1993]; Matter of Umland v Board of Elections of City of N.Y., 143 AD2d 240, 241-242 [1988]; Matter of Gallagher v Dinkins, 41 AD2d at 947 ; Matter of Gladwin v Power, 21 AD2d at 665 ; cf.

People v. Perry Board

114 A.D.3d 585 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 2014

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.

Town Board of Southampton v. Credidio

21 A.D.3d 547 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2005

Corp. v Town of Southampton Zoning Bd. of Appeals, 226 AD2d 717 [1996]; Matter of Campbell v Rose, 221 AD2d 527 [1995]). In opposition, the defendants failed to raise a triable issue of fact. … Corp. v Town of Southampton, supra; Matter of Campbell v Rose, supra; Matter of Spicer v Holihan, 158 AD2d 459 [1990]). Therefore, the Supreme Court should have granted the plaintiff’s motion for summary judgment.

Lenz Hardware, Inc. v. Board of Education

24 A.D.3d 1278 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2005

The timely service of a notice of claim is a condition precedent to the commencement of an action against a school district (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 547-548 [1983]; see also Matter … of McClellan v Alexander Cent.

Loram Development Corp. v. Planning Board

53 A.D.2d 670 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1976

to the planning board for a new hearing and determination. … However, the planning board may, and must, consider the environmental impact of the plan.

Sangermano v. Board of Cooperative Educational Services

290 A.D.2d 498 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2002

779 ; Doyle v Board of Educ. of Deer Park Union Free School Dist., 230 AD2d 820 ; Scopelliti v Town of New Castle, 210 AD2d 308 ; Hoger v Thomann, 189 AD2d 1048 ). … 553 ; Gorman v Sachem Cent.

Sokoloff v. Zoning Board of Appeals

74 A.D.2d 868 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1980

on his property, the said board appeals from a judgment of the Supreme Court, Suffolk County, entered July 12, 1979, which annulled the determination and remitted the matter to the board with a direction that the application … (See Matter of Scott v Bellamy, 26 NY2d 690 ; Matter of Crossroads Recreation v Broz, 4 NY2d 39; Stanley Park v Donovan, 38 AD2d 861 .)

Wenger v. Workmen's Compensation Board

3 A.D.2d 998 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1957

Board of Education of District No. 6 v. Board of Education of District No. 7

80 N.Y.S. 1130 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1903

Worthington v. Brown Bus Co.

268 A.D.2d 426 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2000

Washington, the operator of the subject bus, in light of the attendant circumstances (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562 ; Ferrer v Harris, 55 NY2d 285, 293 ). O’Brien, J.

Chekenian v. Town Board of Smithtown

202 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1994

period of time, are presumptively valid, "unless the owner can demonstrate that the loss * * * is so substantial that it outweighs the public benefit gained by the exercise of the police power” (Matter of Town of Islip v … Under the circumstances herein, this clearly presents a question for the fact-finder, thereby precluding the remedy of summary judgment (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324 ).