Case law

City Council v. Town Board of Greenfield

29 A.D.2d 167 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1968

The Town Board of the Town of Greenfield moves to dismiss a petition filed, pursuant to subdivision 1 of section 712 of the General Municipal Law, by the City Council of the City of Saratoga Springs for an adjudication and … alleges as a ground for disapproval that there was a failure to state the number of inhabitants in the district proposed to be annexed and that the City of Saratoga Springs “ acted as a part of the Hearing and Determining Board

Chapin v. Board of Education

265 A.D. 376 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 1943

The allegations of the affirmative defenses, deemed to be true because not denied (Marasco v. Morse, 22 N. Y. Supp. [2d] 315, 323; affd., 263 App. … (Education Law, § 884; Matter of Moses v. Board of Education, 245 N. Y. 106,108 .)

Sikorski v. Board of Education

253 A.D. 806 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 1938

(Matter of Gevaert Co. of America, Inc., v. Greeff, 239 App. Div. *807 895 ; affd., 262 N. Y. 651 ; Molloy v. City of New Rochelle, 198 id. 402; People ex rel. Belden v. Contracting Board, 27 id. 378.)

Boniello v. Niagara County Board of Elections

131 A.D.3d 808 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2015

Same memorandum as in Matter of Boniello v Niagara County Bd. of Elections ([appeal No. 1] 131 AD3d 806 [2015]). Present — Scudder, P.J., Lindley, Sconiers, Valentino and DeJoseph, JJ.

Greenwald v. Community School Board No. 27

42 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1973

Board of Educ. of City of N. Y., 39 A D 2d 708; Matter of Butler v. Allen, 29 A D 2d 799). … v.

Brown-Forman Distillers Corp. v. State Liquor Authority

100 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1984

Auth. v Bellanca, 452 US 714, 718 ). … (Seagram & Sons v Hostetter, 384 US 35, 43 , supra.)

Cohen v. Suffolk County Board of Elections

83 A.D.3d 1063 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2011

]; Matter of Best Payphones, Inc. v Department of Info. … Finally, because the proceeding was brought beyond the statute of limitations, the New York State Board of Elections, a necessary party to the proceeding, cannot be timely joined (see Matter of Jenkins v Board of Elections

Rucker v. Board of Education

260 A.D. 806 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1940

Boards of education are not municipal corporations and may be examined before trial in the same manner and to the same extent as private corporations. (McCutcheon v. Board of Education of City of White Plains, 242 App. … Div. 659 ; Braun v. Board of Education of City of N. Y., 248 id. 586; Costellano v. Board of Education of City of N. Y., Id. 635; Bonacarsi v. Board of Education of City of Mt. Vernon, 253 id. 908.)

Viscio v. Town of Guilderland Planning Board

138 A.D.2d 795 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1988

the planning board (Matter of Gronbach v Simpkins, 96 AD2d 1100 ). … to direct the planning board to issue final approval (see, Panariello v Demetri, 99 AD2d 770, 771 ).

Teck v. Board of Education

246 A.D. 575 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1935

.; Merrell and O’Malley, JJ., dissent and vote to reverse and grant judgment for appellants on the authority of Board of Education of City of New York v. Sandman ( 134 Misc. 456 ; affd., 229 App. Div. 853 ).

Boniello v. Niagara County Board of Elections

131 A.D.3d 808 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2015

Same memorandum as in Matter of Boniello v Niagara County Bd. of Elections ([appeal No. 1] 131 AD3d 806 [2015]). Present — Scudder, P.J., Lindley, Sconiers, Valentino and DeJoseph, JJ.

Ragsdale v. Board of Education

256 A.D. 1056 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1939

(See Matter of Farrar v. Board of Education, 254 App. Div. 733 .) Settle order on notice. Present — ' Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Dowd v. Board of Education

256 A.D. 749 · Appellate Division of the Supreme Court of the State of New York · May 5, 1939

In United States v. Eaton ( 144 U. … And in Caha v. United States ( 152 U.

Consumer Protection Board v. Public Service Commission

78 A.D.2d 65 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1980

Co. v Public Serv. Comm. of State of N. … Lawrence Gas Co. v Public Serv. Comm. of State of N. Y., 54 AD2d 815 , affd 42 NY2d 461 ; Matter of Consolidated Edison Co. of N.Y. v New York State Public Serv.

Board of Education v. Woolsey

254 A.D. 621 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1938

Act, § 440; Sautter v. Frick, 227 App. Div. 760 ; Conklin v. Currie, 235 id. 703; Gilman v. Prentice, 132 N. Y. 488 ; Ventimiglia v. Eichner, 213 id. 147.)

Kearns V. Board of Education

254 A.D. 486 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1938

(Wood v. City of New York, 274 N. Y. 155 ; Farrell v. City of Buffalo, 118 App. Div. 597 .) The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

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

Spellens v. Community School Board No. 19

48 A.D.2d 658 · 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.

Cozzolino v. Columbia County Board of Elections

218 A.D.2d 921 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1995

We noted our similar prior holding in Matter of Hutchins v Culver ( 104 AD2d 533 ) on virtually identical facts. … The filings occurred during the office hours set by the Board, and the Board was clearly authorized to open before 9:00 a.m. (see, Election Law § 3-214 [3]).

Popper v. Board of Regents of University

26 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1966

Contrary to petitioner’s contention his actions clearly constituted unprofessional conduct (Matter of Bell v. Board of Regents, 295 N. Y. 101, 111 ). … Finally we find no reason to disturb the board’s six-month suspension (Matter of Scire v. Board of Regents , 23 A D 2d 943; Matter of Leavitt v. Board of Regents , 9 A D 2d 987; Matter of Stolz v.