Case law

Corporate Property Investors v. Board of Assessors

153 A.D.2d 656 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1989

granted to over 50 taxpayers (see, Matter of Walker v Board of Assessors, 118 Misc 2d 467 ). … Corp. v State of New York, 30 NY2d 415, 419-420 ; Angelone v City of Rochester, 72 AD2d 445, 448-450 , affd 52 NY2d 982 ; Bethlehem Steel Corp. v Board of Educ., 61 AD2d 147, 166-167 , affd 44 NY2d 831 , 835).

Freymann v. Board of Regents of University

102 A.D.2d 912 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1984

in the circumstances (Jones v Morris, 541 F Supp 11, 15 , affd 455 US 1009 ). … introduction of evidence which is even somewhat prejudicial will not require reversal (Matter of Jerry v Board ofEduc., 50 AD2d 149, 159 , app dsmd 39 NY2d 1057 , mot for lv to app den 40 NY2d 847 ). 11 We have examined

Goodman v. Nassau County Board of Elections

87 A.D.3d 668 · Appellate Division of the Supreme Court of the State of New York · Aug 17, 2011

Petitioners raising a challenge under Election Law § 16-102 must complete service on all necessary parties (see Matter of McDonough v Scannapieco, 65 AD3d 647, 648 [2009]). … appellants warranted *669 dismissal of the proceeding as jurisdictionally defective (see Matter of DiRoberto v Napoli, 247 AD2d 646 [1998]).

State Board of Pharmacy v. Gasau

122 A.D. 803 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1907

and by the board destroyed.” … is not likely that the Legislature would prescribe, assuming that it has the power, two penalties for such an offense, to be prosecuted and recovered in separate actions by different parties, (See Excelsior Petroleum Co. v.

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

Di Bari v. Board of Standards & Appeals

280 A.D. 810 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1952

Werner v. Walsh, 212 App. Div. 635 , affd. 240 H. Y. 689; Matter of Roly Sepulchre Gem. v. Board of Appeals of Town of Greece, 271 App. Div. 33 .) … Matter of Reed v. Board of Standards é Appeals, 255¡H. Y. 126.)

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 ).

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

Route 22 Properties v. Town Board

2 A.D.3d 449 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 2003

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195-196 [2002]; Matter of Twin County Recycling Corp. v Yevoli, 90 NY2d 1000 [1997]; Matter of C.B.H. … Props, v Rose, 205 AD2d 686 [1994]; Matter of McDonald’s Serv. Sta. v Board of Appeals of Inc. Vil. of Garden City, 282 AD2d 604 [2001]).

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.

State Board of Pharmacy v. Matthews

122 A.D. 889 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1907

Cheong Mei Inc. v. Environmental Control Board

81 A.D.3d 452 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2011

Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). … Accordingly, it was incumbent on petitioner to tender evidence to rebut respondent’s showing which petitioner failed to do (see Smart Workout, Inc. v Environmental Control Bd. of the City of N.Y., 79 AD3d 492 [1st Dept 2010

People ex rel. Morey v. Town Board

80 A.D. 280 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

If the expense exceeds $500 the work must be done under a written contract to be approved by the town board. “ The commissioners of highways shall present the proper vouchers for the expense thereof to the town board at their … Oppenheimer Publishing Co. v. Pople, 81 Hun, 383 ; People ex rel. Cochran v. Town Auditors, 74 id. 83.)