Case law

Miloscia v. New York City Board of Education

70 A.D.3d 904 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2010

City, 12 AD3d at 60-61 ; Brooks v New York City Tr. Auth., 19 AD3d 162 [2005]; Drakes v New York City Tr. Auth., 11 AD3d 580 [2004]; Roviello v Schoolman Transp. … Keegan, 67 AD3d *906 754 [2009]; Adsit v Quantum Chem.

Merrill v. United Box Board & Paper Co.

143 A.D. 833 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1911

Orange & Rockland Utilities, Inc. v. Town Board

214 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1995

Board of Appeals, 30 NY2d 238 ; Matter of Texaco Ref. & Mktg. v Valente, 174 AD2d 674 ). … Village of Spring Val., 61 NY2d 892 ; Matter of North Shore Steak House v Board of Appeals, supra; Matter of C.B.H.

Winston v. Board of Cooperative Educational Services

63 A.D.2d 652 · Appellate Division of the Supreme Court of the State of New York · May 1, 1978

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 24, 1977, which affirmed an order of the State Division of Human Rights, dated June 17, 1976, … We note that the order of the board was supported by substantial evidence and that petitioner failed to make out even a prima facie case of discrimination (see New York Inst, of Technology v State Div. of Human Rights, 48

Bloom v. Jewish Board of Guardians

261 A.D. 143 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1941

Accordingly, it has been held that a board of education created under a statute of this nature is liable for the negligent acts of its servants. (See Herman v. Board of Education, 234 N. Y. 196 .) … In Murtha v.

Bailey v. Board of Assessors

56 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2008

— In a small claims proceeding pursuant to RPTL article 7 and CPLR article 78 to review the assessments of the petitioners’ real property for tax year 2005/2006, the Board of Assessors and Board of Assessment Review of County … Board of Assessors, 57 AD3d 115 [2008] [decided herewith]).

Granger Group v. Zoning Board of Appeals

62 A.D.3d 1102 · Appellate Division of the Supreme Court of the State of New York · May 14, 2009

When petitioners learned that Callahan had authorized Wilzig to complete construction of the building, they filed an appeal with respondent Zoning Board of Appeals (hereinafter ZBA) challenging Callahan’s actions in issuing … Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173 [2002]; Matter of Salvador v Town of Lake George Planning Bd., 31 AD3d 906, 907 [2006]; Durham v Village of Potsdam, 16 AD3d 937, 938 [2005], lv denied 5 NY3d

Mallavarapu v. Board of Assessment Review

42 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1973

Co. v. Holden, 35 A D 2d 835, opp. dsmd. 28 N Y 2d 714).

Sullivan v. Albany County Board of Elections

77 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 1980

The designating petitions for the various election districts were bound together and filed with the board of elections as a single volume, the sheets of which were consecutively numbered. … Under such circumstances, there has been sufficient compliance with the *960 consecutive numbering requirements of the Election Law (Matter of Dillon v Power, 13 NY2d 869 ).

McGannon v. Board of Trustees for Pomona

239 A.D.2d 392 · Appellate Division of the Supreme Court of the State of New York · May 12, 1997

The issuance of a building permit does not confer rights in contravention of zoning laws (see, Matter of Parkview Assocs. v City of New York, 71 NY2d 274, 282 ). … We note that since this is, in part, a declaratory judgment action, a judgment should have been entered granting declaratory relief in favor of the defendant (see, Marks v Radmin, 205 AD2d 595 ). Miller, J.

Commerce Holding Corp. v. Board of Assessors

216 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1995

In a proceeding pursuant to Real Property Tax Law article 7 to review the real property tax assessment of a parcel of real property for the tax years 1986-1987 through 1991-1992, the Board of Assessors and the Board of Assessment … Corp. v Board of Assessors, 143 AD2d 135 ).

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.

County of Wenchester v. Rent Guidelines Board

71 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1979

Plaintiffs seek a judgment invalidating the 1977-1978 rent guidelines adopted by the Westchester County Rent Guidelines Board on June 8, 1977 on the ground that the board violated certain provisions of the State Administrative … We agree and find that defendants were, therefore, entitled to summary judgment on the first cause of action (see Incorporated Vil. of Great Neck Plaza v Nassau County Rent Guidelines Bd., 69 AD2d 528 ).

Board of Education v. Cattaraugus Teacher's Ass'n

84 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1981

Such demand is sufficient to enable a court to rule on arbitrability (see Board of Educ. v New York State United Teachers, 51 NY2d 994 , revg 71 AD2d 846 ; Matter of Board of Educ. v Yonkers Federation of Teachers, 81 AD2d … Matter of Board of Educ. v Palmyra-Macedon Faculty Assn., 78 AD2d 765, 766 [and cases cited therein]).

Fisenne v. Bay Ridge District Local Board

250 A.D. 460 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1937

(Matter of Neddo v. Schrade, 270 N. Y. 97, 102 ; Matter of Long Island R. R. Co. v. Hylan, 240 id. 199 ; People ex rel. Trustees v. Bd. Suprs., 131 id. 468.) … Trustees v. Bd. Suprs., supra.) The fact that petitioner was given an informal hearing did not make the act of the local board judicial.

Davis v. New York State Board of Parole

81 A.D.3d 1020 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2011

Petitioner’s contrary testimony presented a credibility issue for the Administrative Law Judge to resolve (see Matter of D’Onofrio v Chair of N.Y. State Div. of Parole, 67 AD3d 1246, 1247 [2009]). … Dennison, 47 AD3d 1149, 1151 [2008], lv denied 10 NY3d 711 [2008]; Matter of Barksdale v Dennison, 40 AD3d 1233, 1234 [2007]).

Mars Associates, Inc. v. Board of Education

53 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1976

(hereinafter referred to as the contractor) entered into an agreement with the board of education for the construction of a school in Brooklyn, New York. … Mathematical computations rather than comparatively speculative percentage factors are to be favored in determining overhead (see, e.g., Westcott v State of New York, 264 App Div 463, 465-466 ).

Harlem Hospital Center Medical Board v. Hoffman

84 A.D.2d 272 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1982

Erazo, general counsel — HHC, which was rendered during a hearing on the issue of the petitioner medical board’s standing to commence this action, is enlightening.

Board of Cooperative Educational Services Sole Supervisory District v. New York State Public Employment Relations Board

82 A.D.2d 691 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1981

In July, 1973, the Onondaga-Madison Board of Cooperative Educational Services (BOCES) adopted a policy requiring all personnel to take physical examinations. … Matter of County of Onondaga v New York State Public Employment Relations Bd., 77 AD 2d 783 ).

Castagna & Son, Inc. v. Board of Education

173 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · May 30, 1991

Corp. v City of New York, 67 NY2d 297, 305 ). … and as to whether the delay damages resulted from the Board’s breach of a fundamental obligation of the contract (Spearin, Preston & Burrows v City of New York, 160 AD2d 263, 264 ).