Case law

Palmer v. Board of Education

47 A.D. 547 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1900

' vote of the said Board of Education, and not by a three. … S. 200, 213 , citing Sheridan v. Colvin, 78 Ill. 237 .) The history of the jurisprudence of this.

Ruck v. Greene County Board of Elections

65 A.D.3d 808 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2009

Overbaugh was an inadvertent error with no intent “to mislead or confuse” (Matter of Petersen v Board of Elections of City of N.Y., 218 AD2d 776, 776 [1995]). … Moreover, “[n]o fraud or purpose to circumvent the statute is shown by the record in th[is] case” (Matter of Farbstein v Suchman, 26 NY2d 564, 566-567 [1970]; see Matter of Shaw v Board of Elections of City of N.Y., 32 NY2d

Hudson Valley Nursery, Inc. v. Planning Board

306 A.D.2d 283 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2003

—In two related proceedings pursuant to CPLR article 78 to review (1) a determination of the Planning Board of the Town of Orangetown, dated June 13, 2001, issuing a negative declaration pursuant to the State Environmental … Imperial Improvements v Town of Wappinger Zoning Bd. of Appeals, 290 AD2d 507 [2002]).

Edelstein v. Suffolk County Board of Elections

33 A.D.3d 945 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2006

see also Matter of Starr v Board of Elections of City of N.Y., 89 AD2d 978 [1982]; Matter of Flowers v Wells, 57 AD2d 636 [1977]) because the appellant was sufficiently apprised of the grounds for the objections (see Matter … of Santoro v Schreiber, 263 AD2d 953 [1999]; Matter of Maxwell v Hill, 225 AD2d 947 [1996]; Matter of Mazza v Board of Elections of County of Albany, 196 AD2d 679 [1993]; but see Matter of Levitt v Mahoney, 133 AD2d 516

Brown v. St. Barnabas Hospital for Chronic Diseases

159 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1990

treatment rendered by the defendant physicians was for the same condition or illness as that for which the plaintiff’s decedent was subsequently treated by members of the defendant physicians’ medical group (cf., Watkins v … Since the continuous treatment doctrine requires that subsequent medical treatment be related to the "same original condition or complaint” (Borgia v City of New York, 12 NY2d 151, 155 ), the order which granted the defendant

Brotherton v. Suffolk County Board of Elections

33 A.D.3d 944 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2006

see also Matter of Starr v Board of Elections of City of N.Y., 89 AD2d 978 [1982]; Matter of Flowers v Wells, 57 AD2d 636 [1977]) because the appellant was sufficiently apprised of the grounds for the objections (see Matter … of Santoro v Schreiber, 263 AD2d 953 [1999]; Matter of Maxwell v Hill, 225 AD2d 947 [1996]; Matter of Mazza v Board of Elections of County of Albany, 196 AD2d 679 [1993]; but see Matter of Levitt v Mahoney, 133 AD2d 516

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]).

Duban v. State Board of Law Examiners

157 A.D.2d 946 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1990

judgment of the Supreme Court (Keniry, J.), entered September 30, 1988 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent State Board … This case does not involve a phenomenon typically evading review (see, Matter of Pasik v State Bd. of Law Examiners, 102 AD2d 395 [where the "phenomenon” was in fact reviewed by the First Department]).

Graham v. Board of Appeals

258 A.D. 821 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1939

The board of appeals had no power under the provisions of the zoning ordinance to grant the variance. (People ex rel. Fordham M. R. Church v. Walsh, 244 N. Y. 280 .) … Board of Standards and Appeals, 267 N. Y. 347 ; Matter of Joyce v. Dobson, 255 App. Div. 348 ; People ex rel. Werner v. Walsh , 212 id. 635; Matter of Reed v. Board of Standards and Appeals, 255 N. Y. 126 .)

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 .)

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.

Thomson v. Board of Education

122 N.Y.S. 1147 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1910

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.)

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.)

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 ).

Utter v. Zoning Board of Appeals

72 A.D.2d 659 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1979

Board of Zoning Appeals of Inc. … Y. v Hoffman, 43 NY2d 598 ).

Power Cooling, Inc. v. Board of Education

48 A.D.3d 536 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2008

Corp. v Board of Educ. of Byron-Bergen Cent. School Dist., 221 AD2d 927 [1995]; Professional Detail Serv. v Board of Educ. of City of N.Y., 104 AD2d 336 [1984]). … Sys. v Board of Educ. of City of N.Y., 60 NY2d at 548 ; Smith v Sagistano, 186 AD2d 180, 183 [1992]).

Luedeke v. Board of Police Commissioners

87 A.D.2d 669 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1982

Its acceptance of the version unfavorable to petitioner constitutes a determination of credibility which may not be disturbed upon review by this court (Matter of Collins v Codd, 38 NY2d 269 ; Matter of Stork Rest, v Boland … In the light of the board’s findings concerning petitioner’s conduct, the 60-day suspension is not so disproportionate as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222 , 233).

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 ).