Case law

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]).

Rosenberg v. State Human Rights Appeal Board

45 A.D.2d 929 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1974

The Appeal Board by vote of 3 to 1 affirmed the Commissioner’s order in all respects. The lone dissent voted to modify the order as requested by petitioners. … (Review of orders of State Division and Appeals Board.) Present — Witmer, J. P., Cardamone, Simons, Mahoney and Goldman, JJ.

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.

Claim of Edwards v. Board of Education

32 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · May 13, 1969

Clearly I)animan holds that since their salary is paid out of the city treasury, Board of Education employees are city employees for some purposes but the Court of Appeals’ later decision in Lanza v. … In Matter of Chilk v.

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]).

PNL Stillwater, LLC v. Board of Assessors

94 A.D.3d 1401 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2012

Board of Assessors of County of Nassau, 45 NY2d 538, 541 [1978]; Matter of Abele v Dimitriadis, 53 AD3d 969, 971 [2008], lv denied 12 NY3d 706 [2009]; Matter of Montgomery v Board of Assessment Review of Town of Union, 30 … Board of Assessment Review of the Town of Malta, 75 AD3d 950, 951 [2010]; Matter of Eckerd Corp. v Semon, 44 AD3d 1232, 1233 [2007]). *1403 Further, we cannot accept petitioner’s assertion that the assessor’s statutory duty

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 ).

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 ).

SECRIST, ROBERT D. v. BROWN, KRISTA

Appellate Division of the Supreme Court of the State of New York · Apr 1, 2011

SECRIST, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER KRISTA BROWN, RESPONDENT-RESPONDENT. D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. … evidentiary hearing,’ ” no such hearing is required where “ ‘there is sufficient information before the court to enable it to undertake an independent comprehensive review of the [children’s] best interests’ ” (Matter of Mills v

Tufaro Transit Co. v. Board of Education

79 A.D.2d 376 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1981

Matter of O’Neill v Schechter, 5 NY2d 548 ; Matter of O’Connell v Kern, 287 NY 297 .) … Co. v Board of Educ., 71 Misc 2d 139, 142 ; Matter of Meyer v Board of Educ., 31 Misc 2d 407 .)

United States Title Guaranty Co. v. Brown

198 A.D. 927 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1921

Brown v. United States Express Realty Co.

160 A.D. 764 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1914

(Glasier v. Town of Hebron, 131 N. Y. 447, 453 ; Hubbell v. City of Yonkers, 104 id. 434,439.) None of these propositions is seriously combat-ted by plaintiff upon this appeal.

United States Title Guaranty Co. v. Brown

195 A.D. 738 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1921

(McMullen v. Hoffman, 174 U. S. 639 .) Such invalidity need not be specially pleaded. (Williston Cont. § 1630a.)

United States Title Guaranty Co. v. Brown

152 N.Y.S. 1146 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1915

Brown. No opinion. Blotion for leave to appeal (in 152 N. Y. Supp. 470 ) to the Court of Appeals granted. Settle order before the Presiding Justice.

Prosper Contracting Corp. v. Board of Education

43 A.D.2d 823 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1974

(Self v. … In the case of Gerzof v.

Marcoccia v. Suffolk County Board of Elections

309 A.D.2d 958 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2003

Court, Suffolk County (Jones, J.), dated October 21, 2003, which granted the petition to the extent of, in effect, making the requested declaration, annulling the text of Proposition No. 1, enjoining the Suffolk County Board … County of Suffolk, 243 AD2d 560 [1997]; Matter of Lenihan v Blackwell, 209 AD2d 1048 [1994]).

St. Clair Paper Manufacturing Co. v. Brown

45 N.Y.S. 1148 · Appellate Division of the Supreme Court of the State of New York · May 7, 1897

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).