Case law

Carmel v. Zoning Board of Appeals

105 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1984

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Kings Point denying petitioner’s application for an area variance, upon a rehearing, the appeal is from … Accordingly, petitioner did not establish practical difficulties sufficient to warrant the grant of an area variance (see Matter of National Merritt v Weist, 41 NY2d 438 ). Gibbons, J.

Vail v. Board of Cooperative Educational Services

115 A.D.2d 231 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1985

We agree with the court’s findings on the merits (Waiters v Board of Educ., 46 NY2d 885 ; Matter of Bloom v Board of Coop. Educ. Servs., 95 AD2d 809 ). … seeks enforcement of a private right for money damages, as here, Education Law § 3813 (1) applies (Mills v County of Monroe, 59 NY2d 307 ; Todd v Board of Educ., 272 App Div 618 , affd 297 NY 873 ; Matter of Cordani v Board

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

Schulz v. Warren County Board of Supervisors

206 A.D.2d 672 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1994

City of New York, 58 NY2d 1014 ; Greenwich Citizens Comm. v Counties of Warren & Washington Indus. … Town of Brookhaven, 74 NY2d 524, 529 ; see, Matter of Schulz v New York State Dept. of Envtl.

Hoffman v. Board of Appeals

282 A.D. 850 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1953

Order reversed on the law, without costs of this appeal to any party, petition granted and determination of the board of appeals of the city of Rochester annulled. … Memorandum: On this record we reach the conclusion that the board of appeals of the city of Rochester was without power to grant the variance, if one was required, to permit the issuance of a permit. (Matter of Clark v.

Farinholt v. Board of Higher Education

72 A.D.2d 695 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1979

Meisenhelder v. Zoning Board of Appeals

70 A.D.2d 595 · Appellate Division of the Supreme Court of the State of New York · May 7, 1979

— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Ramapo granting an application made by intervenor-respondent for a special permit and for a variance, petitioners … Appellants are not aggrieved and have no cause to appeal since the determination of the zoning board has been annulled. Hopkins, J. P., Damiani, Titone and Martuscello, JJ., concur.

194 Main, Inc. v. Board of Assessors

91 A.D.3d 876 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2012

Partners v Board of Assessors, 82 AD3d 988 [2011]), as it is not being put to use in a manner which is materially beneficial to the petitioner (cf. … Co. v Macejka, 117 AD2d 896, 897 [1986]; see Matter of Miriam Osborn Mem. Home Assn. v Assessor of City of Rye, 275 AD2d 716, 717 [2000]).

Adamkoski v. Town Board of Perth

47 A.D.2d 783 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1975

Matter of Gersh v. Village of Tuckahoe, 23 A D 2d 258; Matter of Battipaglia V. Executive Committee of Democratic County Committee of County of Queens, 20 Mise 2d 226). … Petitioner had been unjustly removed from the board by appellant and his term of appointment thereto had not expired.

Kellen v. Federal Paper Board Co.

44 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1974

Gurney v. Zoning Board of Appeals

32 A.D.2d 738 · Appellate Division of the Supreme Court of the State of New York · May 15, 1969

This does not invalidate the variance properly granted by the Zoning Board of Appeals for a 10-story hospital. … Board of Safety, all of which was considered by the Zoning Board of Appeals.

Gurney v. Zoning Board of Appeals

32 A.D.2d 738 · Appellate Division of the Supreme Court of the State of New York · May 15, 1969

Same Memorandum as in Matter of Gurney v. Zoning Board of Appeals, 32 A D 2d 738), decided concurrently herewith. … (Appeal from judgment of Erie Special Term dismissing petition to review determination of Zoning Board of Appeals.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Henry, JJ.

Board of Higher Education v. Carter

14 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 1961

Wright v. Town Board of Fallsburgh

18 A.D.2d 1048 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1963

Oliva v. Board of Zoning Appeals

16 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1962

In a proceeding pursuant to article 78 of the Civil Practice Act to review and annul a determination of the Board of Zoning Appeals of the Town of Hempstead, which denied petitioner’s application for a special exception to … the local zoning ordinance so as to permit him to harbor racing pigeons upon his property, the petitioner appeals from an order of the Supreme Court, Nassau County, dated March 24, 1960, which confirmed the board’s determination

Emerson v. Board of Standards & Appeals

17 A.D.2d 1014 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1962

Proceeding under article 78 of the Civil Practice Act to review a determination of the Board of Standards and Appeals in the State Labor Department sustaining the validity of an order of the Industrial Commissioner which

Testa v. Board of Water Commissioners

1 A.D.2d 852 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1956

O'Connor v. State Board of Parole

264 A.D. 922 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1942

Buffalo Board of Trade v. Ward

154 N.Y.S. 1114 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1915

Greene v. Board of Higher Education

278 A.D. 823 · Appellate Division of the Supreme Court of the State of New York · May 22, 1951