Case law

Sprauve v. Board of Transportation

248 A.D. 715 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1936

Order denying defendant’s motion to vacate an order of certiorari to review the determination of the board of transportation in dismissing petitioner from the service of said board unanimously reversed, with twenty dollars … costs and disbursements, and the motion granted, on the authority of Matter of Weinstock v.

Cossaart v. Board of Supervisors

208 A.D. 517 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1924

Hatzel v. Hall ( 80 N. … (Cox v. Mayor, etc., 103 N. Y. 519, 523 .)

Gwynne v. Board of Education

234 A.D. 629 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1931

Plaintiff seeks a declaratory judgment enjoining the board of education of union free school district No. 3, town of Huntington, Suffolk county, from assessing and collecting taxes against plaintiff’s property, for the operation … Wood v. Graves ( 225 App. Div. 176 ).

Watsky v. Town of Ossining Planning Board

136 A.D.2d 634 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1988

The Supreme Court issued a decision and judgment dated February 25, 1986, which granted the petition to the extent of annulling the respective decisions of the Zoning Board of Appeals and the Planning Board and remitted the … motion for renewal generally should be based on newly discovered facts, this rule is not inflexible, and the court has discretion to grant renewal even upon facts known to the movant at the time of the original motion” (Esa v

Hurley v. Board of Education

244 A.D. 788 · Appellate Division of the Supreme Court of the State of New York · May 15, 1935

Herdling v. Teachers' Retirement Board

243 A.D. 756 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1935

(See Matter of Brown v. Teachers’ Retirement Board, 239 App. Div. 178 ; affd., 264 N. Y. 493 .) Settle order on notice. Present—Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

Levy v. Board of Standards

243 A.D. 609 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1935

Church v. Walsh, 244 N. Y. 280, 287 .) … Corp. v. Connell, 257 N. Y. 73, 80, 81 .)

Elliott v. New York City Loft Board

205 A.D.2d 460 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1994

Determination of the respondent New York City Loft Board dated May 7, 1992, which found petitioner not to be a residential occupant entitled to statutory protection, is unanimously confirmed, the petition denied and the proceeding … Infrequent occasional use does not constitute residency for the purposes of Loft Law protection (see, Matter of Lower Manhattan Loft Tenants v New York City Loft Bd., 66 NY2d 298 , affg 104 AD2d 223 ).

Fox v. Westchester County Board of Elections

112 A.D.2d 1063 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1985

Cross appeal dismissed, without costs or disbursements (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539 ; CPLR 5511). Judgment affirmed, without costs or disbursements. … Barnes v City of New York, 70 AD2d 580 , affd 51 NY2d 906 ). Brown, J. P., O’Connor, Weinstein, Kunzeman and Kooper, JJ., concur.

Lemma v. Nassau County Police Officer Indemnification Board

147 A.D.3d 760 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2017

v Board of Trustees, State Univ. of N.Y., 130 AD3d 638, 639 [2015]). … Matter of Sagal-Cotler v Board of Educ. of the City Sch. Dist. of the City of N.Y., 20 NY3d 671, 675-676 [2013]).

Brown v. Division of Parole

187 A.D.2d 1042 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1992

Counsel’s application to withdraw granted (see, People *1043 v Crawford, 71 AD2d 38 ). (Appeal from Judgment of Supreme Court, Oneida County, Grow, J. — Article 78.) Present — Den-man, P.

Brooklyn Teachers' Ass'n v. Board of Education

85 A.D. 47 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

In the case at bar the petitioners are not seeking to control any discretion now vested in the board of education. The situation here is quite similar to that in the case of People ex rel. Goldey v. Maxwell ( 65 App. … Harris v. Commissioners, 149 N. Y. 26 .)

Jamil v. Village of Scarsdale Planning Board

24 A.D.3d 552 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2005

v Zoning Bd. of Appeals of Town of Babylon, 220 AD2d 740, 743-744 [1995]). … In any event, the building inspector’s interpretation of the zoning law, which is entitled to deference, was not irrational (see Matter of New York Botanical Garden v Board of Stds. & Appeals of City of N.Y., 91 NY2d 413,

Sperry Rand Corp. v. Board of Assessors

10 A.D.2d 720 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1960

Vreeland v. Zoning Board of Appeals

175 A.D.2d 552 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1991

vigorous litigation (Staatsburg Water Co. v Staatsburg Fire Dist., 72 NY2d 147, 153 ). … arose out of a violation of the Village’s zoning ordinance and was not actually a crime (usually defined as a felony or misdemeanor); therefore, the findings should not be accorded collateral estoppel effect (see, Gilberg v

Board of Education v. Celotex Corp.

151 A.D.2d 536 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1989

Finally, the plaintiff’s motion to increase the ad damnum clause was properly granted (see, Loomis v Civetta Corinno Constr.

Wright v. Town Board of Ticonderoga

158 A.D.2d 783 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1990

Petitioner appeals the denial of his application to hold respondents, the Town Board of the Town of Ticonderoga and the Director of Personnel and Civil Service of Essex County, in contempt of the order and decision of this … court in Matter of Wright v Town Bd. ( 139 AD2d 60 , lv denied 73 NY2d 707 ).

Gennis v. Pomona Park Board of Managers

36 A.D.3d 661 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2007

The condominium’s affairs are governed by the defendant, Pomona Park Board of Managers (hereinafter the board), a nine-member board. … At bar, the board made out a prima facie case entitling it to summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).

Connor v. Teachers' Retirement Board

234 A.D. 231 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1931

There was no authority in the defendant teachers’ retirement board to allow credit for service never rendered. The allowance was clearly the result of errors. Manifest errors may be corrected. (People v. … (Matter of Langdon v. Teachers’ Retirement Board, 135 Misc. 271 ; affd., 226 App. Div. 870 ; affd., 252 N. Y. 508 .)

Pelli v. New York City Loft Board

5 A.D.3d 268 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2004

The determination was supported by substantial evidence (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). … Moreover, we note that in another appeal decided herewith regarding this landlord, these tenants and the same premises (Matter of Byrne v Board of Stds. & Appeals of City of N.Y., 5 AD3d 261 [2004]), this Court affirmed Supreme