Case law

BROWN, ZANE T. v. FEEHAN, KIMBERLY

Appellate Division of the Supreme Court of the State of New York · Feb 13, 2015

BROWN AND JENNIFER C. … BROWN, PETITIONERS-APPELLANTS, V MEMORANDUM AND ORDER KIMBERLY FEEHAN, TOWN OF CORNING SUPERVISOR, DYLAN DEWERT, TOWN OF CORNING HIGHWAY SUPERINTENDENT AND TOWN BOARD OF

Maloney v. Zoning Board of Appeals

291 A.D.2d 910 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2002

denominated order) of Supreme Court, Chautauqua County (Gerace, J.), entered April 23, 2001, which dismissed the petition in a proceeding pursuant to CPLR article 78 seeking to annul a determination of respondent Zoning Board

Fuchs v. Board of Education

1 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1956

In a proceeding to compel the respondent superintendent of schools to recommend to the respondent board of education the appointment of one of the appellants as its director of science, and for other relief, the appeal is … (Hurley v. Board of Educ. of City of N. Y., 270 N. Y. 275 ; Reiser v. State of New York, 198 Misc. 647 ; Matter of Turel v. Delaney, 287 N. Y. 15 ; Matter of Bailey v. Kern, 177 Misc. 904, 905 ; Matter of Ottinger v.

Prote Contracting Co. v. Board of Education

198 A.D.2d 418 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1993

Corp. v Board of Educ., 192 AD2d 471 ; G.A. Contrs. v Board of Educ., 176 AD2d 856 ). … Co. v Board of Educ., supra; Rutigliano v Board of Educ., 176 AD2d 866 ). Eiber, J. P., O’Brien, Santucci and Joy, JJ., concur.

Goldberg v. Board of Assessment Review

51 A.D.2d 744 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 1976

The respondent board is directed to serve its answer within 20 days after the date of entry of the order to be made hereon. … history of these sections, denotes an intention to compel the respondent in a proceeding brought to review a tax assessment in a city having a population of less than one million to serve an answer (see Matter of Dopfel v

John Brown Plastics Machinery, Inc. v. Rolex Plastics Inc.

191 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1993

. *538 v Federal Ins. Co., 70 NY2d 966, 967 ; Zuckerman v City of New York, 49 NY2d 557, 562 ). … Since this issue was not raised before the Supreme Court, it will not be considered by this Court (see, Klein Performance Prods. v Keel, 117 AD2d 1021 ; Orellano v Samples Tire Equip. & Supply Corp., 110 AD2d 757 ).

Diele v. Board of Education

1 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1955

(Kantor v. City of New York, 251 App. Div. 454 .) Present — Wenzel, Acting P. J., MacCrate, Beldoek, Murphy and Ughetta, JJ.

Pearson v. Board of Elections of Syracuse

284 A.D. 649 · Appellate Division of the Supreme Court of the State of New York · Sep 8, 1954

(Matter of Enright v. Board of Elections of City of N. Y., 257 App. Div. 601 , appeal dismissed 282 N. Y. 691 ; Matter of Boschetti v. Heffernan, 275 App. Div. 999 , affd. 300 N. Y. 454 .) … There is no one else to be deceived or confused except the board of elections and the intention of the signers must be apparent to the board.

Ahmad v. Zoning Board of Appeals

99 A.D.2d 634 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1984

use of his lots would yield a reasonable return (see Matter of Village Bd. v Jarrold, 53 NY2d 254 ). … Thus, respondents’ reliance on Matter of Unitarian Universalist Church v Cohen (Supreme Ct, Broome County, April 16, 1982, Ellison, J.), which concerned parking facilities associated with a hospital and church, permitted

Trivedi v. State Board of Law Examiners

86 A.D.2d 719 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1982

Following receipt of that letter, she continued to correspond with the board in an effort to persuade it to change its ruling. … 619, 621 ; see, also, Matter of Seidner v Town of Colonie, Bd. of Zoning Appeals, 79 AD2d 751 , affd 55 NY2d 613 ).

Brown v. New York City Tr. Auth.

2019 NY Slip Op 5759 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2019

Brown v New York City Tr. Auth. ( 2019 NY Slip Op 05759 ) Brown v New York City Tr. … HINDS-RADIX, JJ. 2018-04568 (Index No. 702580/14) [*1]Evelyn Brown, appellant, v New York City Transit Authority, respondent, et al., defendant. Falk & Klebanoff, P.C. (Jeffrey P. Falk and Victor A.

Brown v. Division of Parole

255 A.D.2d 861 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1998

The Attorney-General has advised this Court that petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this proceeding and his request for parole was … Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635 ; Matter of Herrera v New York State Bd

Goldstein v. Zoning Board of Appeals

78 A.D.2d 538 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 1980

The zoning board of appeals stated (with support in the record) that Hessian Hills Road is itself an inadequate road. … Accordingly, Special Term was correct in dismissing the petition (see Matter of Fuhst v Foley, 45 NY2d 441 ). Mollen, P. J., Hopkins, Mangano and Cohalan, JJ., concur.

Board of Education v. De Santis

133 A.D.2d 402 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1987

v Board of Educ., 245 NY 8, 14 ; see, 1950 Opns St Comp No. 6, at 81). … Having made this appropriation, under the Education Law, the city must credit these funds to the board, to be disbursed upon the board’s audit (see, Education Law §§ 2576, 2580; Board of Educ. v King, 280 App Div 458 , lv

Stone Landing Corp. v. Board of Appeals

5 A.D.3d 496 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2004

(see Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 297 AD2d 38, 40 [2002], affd 100 NY2d 395 [2003]; Matter of Russo v Black, 297 AD2d 381 [2002], affd sub nom. … Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395 [2003]; Matter of Concerned Citizens of Montauk v Lester, 62 AD2d 171, 175 [1978]).

Rivera v. Board of Education of Yonkers

19 A.D.3d 394 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2005

of adequate supervision” (Mirand v City of New York, supra at 49; Kandkhorov v Pinkhasov, 302 AD2d 432, 433 [2003]). … Although the Board established its prima facie entitlement to judgment as a matter of law, the plaintiffs raised triable issues of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Alvarez v Prospect Hosp.,

Casement v. Town of Poughkeepsie Planning Board

162 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1990

Kucinski v Zoning Bd. of Appeals, 148 AD2d 612 ; Matter of Big V Supermarkets v Town of Wallkill, 154 AD2d 669 ). … Absent this inference, the petitioner has not alleged any special injury which he would suffer over and above that of the general community (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, supra, at 413).

DeMaio v. Zoning Board of Appeals

270 A.D.2d 487 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2000

The determination of the Zoning Board is supported by substantial evidence and has a rational basis (see, Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Tarantino v Zoning Bd. of Appeals, 228 AD2d 511 ). … Nonetheless, contrary to DeMaio’s contention, the Supreme Court properly rejected his claim that the determination of the Zoning Board should be annulled based on Dobbs Ferry Code § 8-9 (see, Matter of Fry v Village of Tarrytown

Levine v. Town Board of Carmel

34 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · May 11, 1970

Reggs Homes v. Dickerson, 16 Misc 2d 732 , affd. 8 A D 2d 640; Matter of Bon-Air Estates v. Building Inspector of Town of Ramapo, 31 A D 2d 502; Seaman v. Fedourich, 16 N Y 2d 94, 101). Christ, P.

Halfmoon Bridge Co. v. Canal Board

164 A.D. 919 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1914