Case law

People ex rel. Brown v. Bradt

124 A.D.3d 1382 · Appellate Division of the Supreme Court of the State of New York · Jan 2, 2015

Sumter v O’Connell, 10 AD3d 823, 825 [2004]). We nevertheless reject petitioner’s contention on the merits. … Knowles v Smith, 54 NY2d 259, 266 [1981]; see People ex rel. Aikens v Brown, 103 AD3d 1212, 1213 [2013]).

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

Board of Education v. State Education Department

116 A.D.2d 939 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1986

On such a motion, we are limited to examining the petition to determine whether it states a cause of action (Matter of De Paoli v Board of Educ., 92 AD2d 894 ; Matter of Stokes v Connelie, 81 AD2d 988, 989 ). … , supra, p 989; Matter of Board of Educ. v Allen, 32 AD2d 985 ).

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 ).

Matter of Doyle v. Browning

149 N.Y.S.3d 92 · Appellate Division of the Supreme Court of the State of New York · May 5, 2021

Matter of Doyle v Browning ( 2021 NY Slip Op 02838 ) Matter of Doyle v Browning 2021 NY Slip Op 02838 Decided on May 5, 2021 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant … Doyle, etc., et al., respondents, v Kate M. Browning, etc., et al., appellants.

State Board of Equalization & Assessment v. Kerwick

72 A.D.2d 292 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1980

or any other law relating to such duties, or the rules and regulations of the board made pursuant thereto, after a hearing on the facts, the board may issue its order directing such assessor, officer or employee to comply … Matter of Shermack v Board of Regents of Univ. of State of N. Y., 64 AD2d 798 ).

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]).

Monroe v. Board of Public Safety

73 A.D.2d 996 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1980

The choice among inferences to be drawn from the proof was for respondent board of public safety. … The board implicitly rejected petitioner’s version and, in our view, there is substantial evidence to sustain the determination (Matter of Collins v Codd, 38 NY2d 269 ).

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 ).

Children's Hospital v. Zoning Board of Appeals

181 A.D.2d 1056 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1992

That evidence indicates that the requested variance is consistent with existing setbacks in the immediate area and will not substantially change the character of the neighborhood (see, Matter of De Sena v Board of Zoning … , 21 NY2d 30, 34 ; see also, Matter of Rider v Board of Appeals, 172 AD2d 673 ; Matter of Zwitzer v Zoning Bd. of Appeals, 144 AD2d 1023, 1024 , supra; Human Dev.

Wright v. Town Board of Ticonderoga

160 A.D.2d 1156 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1990

had the discretionary authority to consent to the withdrawal of that resignation, regardless of whether the resignation was effective prior to the request to withdraw (see, Public Officers Law § 31 [4]; Matter of Wonderly v … Petitioner’s contention that the Planning Board’s chairperson acted unilaterally and without the Planning Board’s consent in denying his request to address the Board has no support in the record.

G.A. Contractors, Inc. v. Board of Education

176 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1991

(see, e.g., Castagna & Son v Board of Educ., 151 AD2d 392 ; Philson Painting Co. v Board of Educ., 133 AD2d 619 ; Matter of Board of Educ. … Co. v Board of Educ., 106 AD2d 533 ; F & G Heating Co. v Board of Educ., 103 AD2d 791 ; Almar Constr. Corp. v Hughes & Sons, *858 58 AD2d 615 ; Central School Dist. No. 3 v Kosoff & Sons, 53 AD2d 1058 ).

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.

Muscarella v. Nassau County Board of Elections

87 A.D.3d 645 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2011

Matter of Jaffee v Kelly, 32 AD3d 485 [2006]). … Suffolk County Bd. of Elec *647 tions, 65 AD3d 993 [2009]; Matter of Leroy v Board of Elections in City of N.Y., 65 AD3d 645 [2009]).

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.

Claim of Cashel v. Brown, Lipe Chapin Co.

263 A.D. 912 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1942

The Industrial Board found that the employer made advance payments of compensation. The proof amply sustains this finding. Award affirmed, with costs to the State Industrial Board. Hill, P. … I dissent and vote to reverse the award of the Industrial Board and dismiss the claim.

Board of Education v. Wager Construction Corp.

45 A.D.2d 63 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1974

In Shalman v. Board of Educ. of Cent. School Dist. … No. 1 of Town of Highlands v. Double M. Constr. Corp. (41 A D 2d 771). (See, also, Matter of Town of Islip v. Stoye, 29 N Y 2d 524.)

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.

Morrison v. Scarsdale Board of Education

263 A.D.2d 501 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1999

City of Rome v. Board of Assessors

149 A.D.3d 1626 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2017