Case law

DeStefano v. Board of Cooperative Educational Services

26 A.D.3d 433 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 2006

AD3d 489 [2005]; Matter of Mann v Town of Monroe, 2 AD3d 527 [2003]). … Board of Educ. of Union Free School Dist.

Hill v. Planning Board of Amherst

140 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · May 27, 1988

, Moriarty v Planning Bd., 119 AD2d 188, 198-199 , lv denied 69 NY2d 603 ; see also, Matter of Apache Assocs. v Planning Bd., 131 AD2d 666 ). … Moreover, the record demonstrates that the Board took the " 'hard look’ ” and made the " 'reasoned elaboration’ ” required in a full SEQRA review (see, Chinese Staff & Workers Assn. v City of New York, 68 NY2d 359, 363 ).

Smalls v. Board of Standards & Appeals

14 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1961

Thereafter, on the complaint of neighboring owners, the Board of Standards and Appeals revoked that permit. … In our opinion, the Special Term erred, and the board's determination should be annulled.

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]).

Holthaus v. Zoning Board of Appeals

209 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1994

A zoning board may grant a limited variance which will lapse if not acted upon within a specified time (see, Matter of Douglaston Civic Assn. v Board of Stds. & Appeals, 278 App Div 659 , affd 302 NY 920 ; see also, Matter … of D’Alessandro v Board of Zoning & Appeals, 177 AD2d 694 ; Matter of Kolt v Zoning Bd. of Appeals, 159 AD2d 625 ; Aldendell Co. v Dilorenzo, 144 AD2d 608 ).

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.

Headriver v. Town Board of Riverhead

307 A.D.2d 314 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 2003

Corp. v Town of N. Salem, supra). With respect to the proceedings before the Town Board, the petitioner contends that the Town Board had a duty to “take final action on the special permit application.” … However, contrary to the petitioner’s contention, the Town Board satisfied its duty to act when it voted on the application (see Matter of Aloya v Planning Bd. of Town of Stony Point, supra).

Watch Hill Homeowners Ass'n v. Town Board

226 A.D.2d 1031 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 1996

H.O.M.E.S. v New York State Urban Dev. Corp., 69 AD2d 222, 232 ). … Assn. v Planning Bd., 157 AD2d 273, 276-277 ; compare, Matter of Hare v Molyneaux, 182 AD2d 908, 909 ).

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

Acinapuro v. Board of Cooperative Educational Services

89 A.D.2d 329 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1982

Appellants and BOCES maintain that, construing the statute narrowly as we are obliged to do (see, e.g., Pauk v Board of Higher Educ. of City of N. … At a minimum, however, any such waiver must be a knowing one, freely given (see Matter of Abramovich v Board of Educ., 46 NY2d 450, 455 ).

Capoccia v. Industrial Board of Appeals

205 A.D.2d 830 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1994

There is substantial evidence in the record to support the conclusion by respondent Industrial Board of Appeals that petitioner was liable for unpaid wage supplements. … It was for the Board to resolve any conflicting testimony and evidence before it. Petitioner’s remaining arguments have been reviewed and rejected for lack of merit. Mikoll, J.

Consumer Protection Board v. Public Service Commission

85 A.D.2d 321 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1982

, affd 46 NY2d 983 ; Matter of Hogan v Callahan, 49 AD2d 714 ). … Co. v United States, 288 US 294 ; Bi-Metallic Co. v Colorado, 239 US 441 ), and as previously demonstrated, the Public Service Law and regulations of the commission fully satisfy all due process requirements (Bedford Bldg

Board of Managers v. Dylan Carpet, Inc.

182 A.D.2d 551 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1992

Corp., 108 AD2d 844 ; Cusumano v Iota Indus., 100 AD2d 892 ). … Corp. v New York City Tr. Auth., 22 NY2d 187, 194 ).’ (Lanzi v Brooks, 43 NY2d 778, 780 .)” (Fidelity & Deposit Co. v Andersen & Co., 131 AD2d 308, 309 .)

Bockeno v. New York State Parole Board

227 A.D.2d 751 · Appellate Division of the Supreme Court of the State of New York · May 9, 1996

He argues that the Board did not consider the appropriate factors in making its determination and that the denial constitutes double jeopardy. … v New York State Bd. of Parole, 202 AD2d 940 ).

Pyramid Crossgates Co. v. Board of Assessors

302 A.D.2d 826 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2003

Matter of Barron v Town of Esopus, 246 AD2d 707, 707-708 ; Matter of Caldor v Board of Assessors, 142 AD2d 57, 59 ). … applied (see Matter of Sullivan LaFarge v Town of Mamakating, 94 NY2d 802, 804 , supra; Matter of Waldbaum’s No. 122 v Board of Assessors of City of Mt.

Vanderbilt 77th Associates v. Conciliation & Appeals Board

51 A.D.2d 946 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1976

In September, 1974, the petitioner submitted to the Conciliation and Appeals Board (CAB), see 8200 Realty Corp. v Lindsay ( 27 NY2d 124 ), an application for a building-wide comparative hardship rent increase. … Co. v Lefkowitz, 51 AD2d 277 ): Matter of Our Lady of Good Counsel R. C. Church & School v Ball, 45 AD2d 66 , affd on opn below, 37 NY2d 809 ; cf.

DeBeer v. Zoning Board of Appeals

226 A.D.2d 721 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1996

Jarrold, 53 NY2d 254, 260 ; see also, Matter of Board of Commrs. v Board of Zoning & Appeals, 188 AD2d 464 ). … Thus, as the Supreme Court found, the determination of the Zoning Board of Appeals is arbitrary and capricious (see, CPLR 7803 [3]).

Public Improvements, Inc. v. Board of Education

81 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1981

Martin Mechanical Corp. v Board of Educ. … Panzeca, Inc. v Board of Educ., 29 NY2d 508, 510 ). PI cited Bender v New York City Health & Hosps. Corp. ( 38 NY2d 662 ) in support of its contentions for the application of an estoppel.

Clam Lake Development, Inc. v. Town Board

213 A.D.2d 979 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1995

Holdings v Dutchess County, 110 AD2d 837, 838 ). … Holdings v Dutchess County, supra, at 838 ).

Sear-Brown Group, Inc. v. Jay Builders, Inc.

272 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · May 10, 2000