Case law

Camarella v. East Irondequoit Central School Board

41 A.D.2d 29 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 1973

Such reliance is misplaced (Pugh v. Board of Educ. Cent. Dist. No. 1 — Fayetteville-Man lius School Dist., 38 A D 2d 619, affd. 30 N Y 2d 968). … Further, the retention of a late notice of claim by the defendant school board standing alone may not be construed as a waiver of timely service (Miller v. County of Putnam, 32 A D 2d 827, affd. 25 N Y 2d 664).

Pherbo Realty Corp. v. Board of Assessors

104 A.D.2d 1037 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1984

It is clear that failure to strictly comply with section 718 of the Real Property Tax Law requires that this proceeding be dismissed (Matter of Waldbaum’s #122 v Board of Assessors, 58 NY2d 818 ). … Nor did respondents’ attempt to reopen their offer to settle after the four-year period had elapsed revive petitioner’s right to proceed on its petition *1039 (Matter of Waldbaum’s #122 v Board of Assessors, supra, p 820)

Conners v. Zoning Board of Appeals

249 A.D.2d 473 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1998

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Hempstead, dated May 22, 1996, which, after a hearing, inter alia, granted the intervenorrespondent … Accordingly, the petition was properly denied and the proceeding dismissed (see, Matter of Fuhst v Foley, 45 NY2d 441 ). Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.

Seubert v. Board of Higher Education

88 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1982

Cox v. Zoning Board of Appeals

83 A.D.2d 991 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 1981

Maloy v. Town Board of Guilderland

83 A.D.2d 913 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 1981

Schwartz v. Board of Estimate

282 A.D. 663 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1953

Petitioner was bound by the valid resignation which he tendered, and the board of estimate, as a matter of law, had power, and as a matter of policy, a very broad one, to withhold granting permission to withdraw the tendered

Broxmeyer v. Zoning Board of Appeals

66 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1978

Foley v. Zoning Board of Appeals

66 A.D.2d 820 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1978

Lahasky v. Board of Higher Education

66 A.D.2d 672 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1978

specifically, the question for us is whether the punishment of dismissal is " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness”.’ ” (Matter of Pell v … Board of Educ., 34 NY2d 222 , 233.)

Totten v. Zoning Board of Appeals

58 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1977

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the City of Rye which, after a public hearing, granted the intervenor-respondent certain variances, the

Morris v. County Board of Assessors

42 A.D.2d 705 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1973

Oakmere Cemetery Ass'n v. Cemetery Board

32 A.D.2d 779 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1969

They hold their property for a public use and operate it as a public trust (L. 1949, ch. 533, § 1; Grove Hill Realty Co. v. Ferncliff Cemetery Assn., 7 N Y 2d 403, 410; Diamant v.

Calabro v. Town Board of Guilderland

31 A.D.2d 771 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1969

Muller v. Zoning Board of Appeals

270 A.D. 826 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1946

(See Matter of Muller v. Zoning Bd. of Appeals of Town of Bamapo, ante, p. 824, decided herewith.) Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ., concur.

Hines v. State Board of Parole

267 A.D. 910 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1944

Horowitz v. Town Board of Smithtown

2 A.D.2d 981 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1956

judgment, the appeal is from a judgment entered June 1, 1955, upon the decision of an Official Referee, as resettled by an order dated July 8, 1955, insofar as said judgment (1) declares that the action of the respondent town board … Town Law, § 265) in voting upon the application of appellants’ predecessor to amend the local zoning ordinance was not arbitrary, capricious, or illegal, and (2) declares that the zoning ordinance passed upon by said town board

Botyan v. Tonawanda Board & Paper Co.

145 N.Y.S. 1114 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1914

Hudson Plaster-Board Co. v. Gill

59 N.Y.S. 1107 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1899

Meyer Bank v. Board of Education

280 A.D. 58 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1952