Case law

Lorish v. Town Board of Tonawanda

238 A.D. 767 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1933

Paterna v. Alcoholic Beverage Control Board

246 A.D. 741 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1935

O'Hare v. Board of Estimate & Apportionment

243 A.D. 685 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1935

Cusberth v. Board of Standards & Appeals

274 A.D. 912 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1948

It is clear that there was no abuse of discretion on the part of the board of standards and appeals in denying a variance on the facts presented.

Fibel v. Board of Higher Education

278 A.D. 753 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1951

Mark v. Board of Higher Education

278 A.D. 568 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1951

Adams v. Board of Higher Education

263 A.D. 869 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1942

Dexter v. Board of Higher Education

267 A.D. 819 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 1944

State Board of Pharmacy v. Balzhiser

138 A.D. 892 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1910

Nemerov v. Town Board of Hempstead

270 A.D. 1024 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1946

Schloderer v. Board of Higher Education

265 A.D. 811 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1942

Gaynor v. Board of Fire Commissioners

138 A.D.2d 675 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1988

Town Board of Stockport v. Zurat

128 A.D.2d 998 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1987

Quis v. Putnam County Board of Elections

22 A.D.3d 585 · Appellate Division of the Supreme Court of the State of New York · Oct 11, 2005

“[I]n election proceedings jurisdiction is not acquired unless the methods of service designated by the court are strictly complied with” (Matter of Millar v Tolly, 252 AD2d 872, 873 [1998]). … A failure to join a necessary party to an election law proceeding requires dismissal of a petition (see Matter of Cornicelli v Scannell, 307 AD2d 1006 [2003]).

Jacobsen v. Bedford Zoning Board of Appeals

59 A.D.3d 622 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2009

For convenience, the parking lots were labeled as lot A and lot B by the Town of Bedford Zoning Board of Appeals (hereinafter the ZBA). … Assets v Zoning Bd. of Appeals of Vil. of Pleasantville, 98 NY2d 683, 685 [2002]; Matter of RJA Holding Inc. v Town ofWappingers Zoning Bd. of Appeals, 37 AD3d 724, 724 [2007]; Matter of Zupa v Zoning Bd. of Appeals , of

Carney v. Niagara County Board of Elections

8 A.D.3d 1085 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2004

be not later than the day before election and received by such board of elections not later than seven days following the day of election to be cast and counted” (see Matter of Carney v Davignon, 289 AD2d 1096 [2001]). … The failure of the Board to date/time-stamp that otherwise properly cast ballot was a mere ministerial error (see Election Law § 9-209 [2] [a] [2]; § 10-126; see also Matter of Green v DiNapoli, 96 NY2d 910, 912 [2001]).

Palmer v. Board of Education

62 N.Y.S. 1143 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1900

See White v. Berry, 171 U. S. 366 , 18 Sup. Ct. 917, 43 L. Ed. 199 .

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.

Board of Sup'rs v. Phipps

54 N.Y.S. 946 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1898

Board v. Phipps, 28 App. Div. 521 , 51 N. Y. Supp. 203 . … Such authority having been devolved upon the board by the legislature, no question can arise as to the validity of its exercise. People v. Board of Sup’rs, 112 N. Y. 585 , 20 N. E. 549 ; People v. McIntyre, 154 N.

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