Case law

O'Connor v. State Board of Parole

264 A.D. 797 · Appellate Division of the Supreme Court of the State of New York · May 6, 1942

Appeal by State Board of Parole, etc., from an order of the Ulster County Special Term of the Supreme Court, entered in Albany county, denying motion to dismiss proceeding.

Prote Contracting Co. v. Board of Education

249 A.D.2d 178 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1998

Leave to amend pleadings is generally freely granted (Murray v City of New York, 43 NY2d 400, 404-405 ) and we perceive no reason why the present application for leave should have been treated as excep *179 tional. … This is especially so since plaintiff, in opposing defendant’s motion.to amend, made no showing that permitting the proposed counterclaim would be prejudicial (see, City of New York v Cross Bay Contr.

Armil Realty Corp. v. Board of Estimate

66 A.D.2d 888 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1978

The Board of Estimate has a narrow scope of review under section 668 of the 1976 Charter (see Matter of Cotroneo v Klein, 62 AD2d 493 ). … This is a far more lenient standard than the business hardship requirement for obtaining the original variance (see Zoning Resolution, § 72-21 et seq.; Matter of Reed v Board of Stds. & Appeals of City of N.

Maloney v. Board of Elections

274 A.D. 902 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1948

Order denying application by petitioners for an order directing the Board of Elections of Westchester County to place the name of petitioner William K.

Tompkins v. Board of Regents

274 A.D. 354 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1948

This is a review of a determination of the Board of Regents of the State of New York which found Dr. Lee R. … (Chaddock v. Chaddock, 130 Misc. 900, 904 ; Lefler v. Field, 52 N. Y. 621, 622 ; Costello v. Costello, 209 N. Y. 252, 258 .)

Markowitz v. Town Board of Oyster Bay

200 A.D.2d 673 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1994

Given the ambiguous nature of the Board member’s comment, we find that this comment, by itself, does not constitute substantial evidence (see, Matter of Old Ct. Intl. v Gulotta, 123 AD2d 634, 635 ). … . v Valente, 174 AD2d 674 ; Matter of C & B Realty Co. v Town of Oyster Bay, supra).

Ladore v. Mayor and Board of Trustees

70 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · May 9, 1979

On April 26, 1979, the same day that the Board of Elections confirmed, in writing, the results of its recanvass, notice was given to appellants that the petitioner would bring the instant proceeding. … It was merely acknowledged, which is technically insufficient (see Matter of Leene v Williams, 14 AD2d 665 ).

Marx v. Planning Board of Mill Neck

185 A.D.2d 348 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 1992

The Zoning Board of Appeals determined that it lacked jurisdiction to vary the 1979 decision of the appellant, and this determination was upheld by the Supreme Court and this court (see, Marx v Zoning Bd. of Appeals, 137 … It is well settled that "[t]he court will only substitute its judgment for that of the planning board when the board has abused its discretion or has acted arbitrarily or illegally” (Matter of Currier v Planning Bd., 74 AD2d

Grier v. Board of Higher Education

86 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1982

Johnston v. State Board of Elections

79 A.D.2d 890 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1980

Shahinian v. Board of Higher Education

75 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · May 5, 1980

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated December 5, 1978, which affirmed a determination of the State Division of Human Rights, dated March

Van Dolsen v. Board of Education

51 N.Y.S. 720 · Appellate Division of the Supreme Court of the State of New York · May 13, 1898

officers, and approved by such board, and an appropriation shall have been made by the board of education therefor. … Walton v. Mayor, etc., 26 App. Div. 76 , 49 N. Y. Supp. 615 . The judgment was right, and is affirmed, with costs. All concur.

Lopes v. Fire Board of Appeals

57 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1977

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Fire Board of Appeals of the Town of Clarkstown, dated November 12, 1975, which, after a hearing, denied petitioners’ application for

Hubbard v. Community School Board 23

54 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1976

Frank v. Public Employment Relations Board

52 A.D.2d 879 · Appellate Division of the Supreme Court of the State of New York · May 10, 1976

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Public Employment Relations Board, dated May 24, 1973, and made after a hearing, which dismissed petitioner’s charge that she had been dismissed

Dropkin Bros. v. Board of Education

51 A.D.2d 1052 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1976

Antrobus v. Board of Zoning Appeals

43 A.D.2d 705 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1973

Our holding is simply that the proof is not in this record, so we are giving the parties an opportunity to supply it (see Matter of Carnat Beatty v. Barnett, 33 A D 2d 772). … Clearly, they are especially “ affected ” or “ aggrieved ” by the determination under review (see Baum v. Meade, 35 A D 2d 598; Bloom V.

Hudson v. Town Board of Huntington

14 A.D.2d 878 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 1961

Board of Higher Education v. Carter

15 A.D.2d 757 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1962

Manhattan Straw Board Co. v. Jones

100 N.Y.S. 1129 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1906