Case law

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

Matter of Brown v. New York City Health & Hosps. Corp.

190 A.D.3d 969 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 2021

Matter of Brown v New York City Health & Hosps. Corp. ( 2021 NY Slip Op 00429 ) Matter of Brown v New York City Health & Hosps. … IANNACCI PAUL WOOTEN, JJ. 2018-12136 (Index No. 504254/17) [*1]In the Matter of Tysheema Brown, appellant, v New York City Health and Hospitals Corporation, respondent. Zucker & Regev, P.C., Brooklyn, NY (Gary A.

Zimmer v. Town Board of Locke

226 A.D.2d 1117 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1996

US 1003, 1016 , quoting Agins v City of Tiburon, 447 US 255, 260 ). … Because the Town Board’s denial of the building permit was reasonably necessary to protect petitioner and the public at large, it does not constitute an unconstitutional taking (see, French Investing Co. v City of New York

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]).

Save Our-Open Space v. Planning Board

256 A.D.2d 581 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1998

—In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Village of South Nyack, dated June 18, 1997, which issued a negative declaration pursuant to the State Environmental Quality … of Baker v Town of Roxbury, 220 AD2d 961, 963 ; see also, Matter of Llana v Town of Pittstown, 234 AD2d 881, 884 ).

Ambrose v. Community School Board No. 30

48 A.D.2d 654 · Appellate Division of the Supreme Court of the State of New York · May 5, 1975

v Board of Educ. of City of N. … The above authorities have not been overruled, insofar as the situation at bar is concerned, by Board of Regents v Roth ( 408 US 564 ) and Perry v Sindermann ( 408 US 593 ) (Matter of Brown v Board of Educ. of City of N.

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.)

Vadney v. State Human Rights Appeal Board

93 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1983

The division dismissed the complaint for lack of probable cause and the appeal board affirmed. This proceeding ensued. … In these circumstances, the investigation conducted by the division was sufficient, and its finding of no probable cause was not arbitrary or unreasonable and was properly affirmed by the board (Matter of Fellows v Capital

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]).

Brown v. Gelat Holding Corp.

277 A.D.2d 1140 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1950

(Stevens v. Bridge Auto Benting Gorp., 262 App. Div. 872 .) Carswell, Acting P. J., Johnston, Sneed and Wenzel, JJ., concur; Adel, J., dissents and votes to affirm.

Navarro v. State Human Rights Appeal Board

72 A.D.2d 680 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1979

Thus, the onus is on the board to secure the record. … Finally, the 270-day requirement was not even close to its expiration when this appeal was *681 dismissed, and whether or not the 270-day period is precatory or mandatory (see Matter of Callaghan v State Div. of Human Rights

Leon Petroleum, LLC v. Board of Trustees

309 A.D.2d 804 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 2003

Trust v Board of Zoning Appeals of Town of Hempstead, supra). … Trust v Board of Zoning Appeals of Town of Hempstead, supra; Matter of Pelham Esplanade v Board of Trustees of Vil. of Pelham Manor, 77 NY2d 66 [1990]).

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

Claim of Newman v. Public Oversight Board

127 A.D.2d 302 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1987

We agree with the Board. … Decision affirmed, with costs to the Workers’ Compensation Board. To the extent that Carlin v Lockport Paper Co. ( 214 App Div 354 ) is to H the contrary, it is overruled. H

Halper v. Board of Zoning & Appeals

262 A.D.2d 412 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1999

The respondent Board of Zoning and Appeals of the Incorporated Village of Roslyn Estates (hereinafter the Board) complied fully with the notice requirements of Village Law § 7-712-a (7). … Under the circumstances, the denial of the petitioners’ eleventh-hour request for an adjournment of the hearing was not an improvident exercise of discretion by the Board.

Wiegan v. Board of Standards & Appeals

229 A.D. 320 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1930

Unless the court is to substitute its judgment for that of the board, it is difficult to see how the order appealed from may be sustained. In Lincoln Trust Co. v. Williams Building Corp. ( 229 N. … Werner v. Walsh ( 212 App. Div. 635 ; affd., 240 N.

Claim of Lynch v. Board of Education

1 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1956

(Matter of Birmingham v. City of Niagara Falls, 282 App. Div. 970 .) … (Pottle v. Atkinson Co., 215 App. Div. 739 .)

Wilson v. Town of Minerva Town Board

65 A.D.3d 788 · Appellate Division of the Supreme Court of the State of New York · Aug 13, 2009

Respondent Town of Minerva Town Board found petitioner guilty of both charges and terminated his employment. Petitioner commenced this proceeding to challenge the Board’s determination. … Burnham, 8 NY3d at 1000 ; Matter of Rutkunas v Stout, 8 NY3d 897, 898 [2007]).

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.)

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