Case law

Brown Cow Farm, Inc. v. Volvo of America Corp.

102 A.D.2d 916 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1984

As stated by this court in Boss v Avoxe Corp. ( 97 AD2d 601 ): “[I]t is quite clear that a court is no longer precluded as a matter of law from excusing a default resulting from law office failure (see CPLR 2005, 3012, subd … Co. v Viger, 94 AD2d 592 ).

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

Brown v. A 2007 Chevrolet, Vin No. 1GNET13M372223303

132 N.Y.S.3d 855 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2020

Brown v A 2007 Chevrolet, Vin No. 1GNET13M372223303 ( 2020 NY Slip Op 07023 ) Brown v A 2007 Chevrolet, Vin No. 1GNET13M372223303 2020 NY Slip Op 07023 Decided on November 25, 2020 Appellate Division, Second Department Published … Brown, etc., appellant, v A 2007 Chevrolet, Vin No. 1GNET13M372223303, et al., defendants, JPMorgan Chase Bank, NA, nonparty-respondent. Dennis M.

Raer Corp. v. Village Board of Trustees

78 A.D.2d 989 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1980

, that gives jurisdiction, and that other requirements are procedural and may be supplied by amendment or may be deemed waived by action of the board (Matter of City of LittleFalls v Board of Assessors of Town of Salisbury … Absent that, the board and the court are without jurisdiction (Matter of Onteora Club v Board of Assessors of Town of Hunter, 17 AD2d 1008 , affd 13 NY2d 1170 ; Matter of City of Little Falls v Board of Assessors of Town

United States Title Guaranty Co. v. Brown

144 N.Y.S. 1148 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1913

Brewster v. Cayuga County Board of Elections

83 A.D.2d 983 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1981

We find that the requirements of subdivision 1 of section 6-132 of the Election Law have been met (see Matter of Ferris v Sadowski, 45 NY2d 815, 817 ). … Similarly, under these circumstances we also find that where, as here, the petition when read as a whole clearly indicates that the political subdivision involved was the Town of Conquest, that petition is valid (Matter of Cook v

Cooper v. Board of White Sands Condominium

89 A.D.3d 669 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 2011

The plaintiffs are owners of a condominium unit located in the White Sands Condominium, while the individual defendants are members of the condominium board. … Realty, Inc., 82 AD3d 691 [2011]; Alexandru v Pappas, 68 AD3d 690 [2009]; Apa Sec., Inc. v Apa, 37 AD3d 502 [2007]; Rattner & Assoc. v Sears, Roebuck & Co., 294 AD2d 346 [2002]).

Mill River Club v. Board of Assessors

48 A.D.3d 169 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2007

market value of income-producing property (see Matter of Saratoga Harness Racing v Williams, 91 NY2d 639, 644 [1998]; Matter of Merrick Holding Corp. v Board of Assessors of County of Nassau, 45 NY2d 538, 542 [1978]). … Grant Co. v Srogi, 52 NY2d 496, 510 [1981]; Matter of Alexander’s Dept. Store of Val. Stream v Board of Assessors, 227 AD2d 549 ).

Gotten v. Greene County Board of Elections

65 A.D.3d 810 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2009

Passero, in their capacity as the Conservative Party Committee to Fill Vacancies, filed certificates of substitution with respondent Greene County Board óf Elections designating respondent to fill the purported vacancies … Accordingly, the certificate of substitution was, in turn, properly invalidated (see Matter of Harper v New York State Bd. of Elections, 34 AD3d 919, 920 [2006]; Matter of Nowik v Jablonski, 133 AD2d at 875 ).

Boniello v. Niagara County Board of Elections

131 A.D.3d 806 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2015

Matter of Berney v Bosworth, 87 AD3d 948, 949 [2011]). … Petitioner further contends in each appeal that the manner in which respondent Niagara County Board of Elections (Board) invalidated his designating petitions violated the Open Meetings Law and his due process rights to notice

Harper Management Co. v. Conciliation & Appeals Board

70 A.D.2d 848 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1979

Board of Education v. Hatzel & Buehler, Inc.

156 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1989

McGrath v. State Human Rights Appeal Board

90 A.D.2d 916 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1982

Since the appeal board has properly dismissed this proceeding, because subject matter jurisdiction was lacking, we see no need to confront petitioner’s substantive charges. … Appeal Bd., 83 AD2d 665 ; Matter of Perez v New York State Human Rights Appeal Bd., 71 AD2d 150 ; see Emil v Dewey, 49 NY2d 968 ).

Brown v. A 2014 Honda, Vin No. 5J6RM4H74EL039078

188 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2020

Brown v A 2014 Honda, Vin No. 5J6RM4H74EL039078 ( 2020 NY Slip Op 07024 ) Brown v A 2014 Honda, Vin No. 5J6RM4H74EL039078 2020 NY Slip Op 07024 Decided on November 25, 2020 Appellate Division, Second Department Published … Brown, etc., appellant, v A 2014 Honda, Vin No. 5J6RM4H74EL039078, et al., defendants, Santander Consumer USA, Inc., nonparty-respondent. Dennis M.

Bello v. Board of Parole

149 A.D.3d 1458 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2017

State, Inc. v State of New York, 145 AD3d 1391, 1394 [2016]). … Given that the Board’s decision does not exhibit “ ‘irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980

Parker v. Executive Department, Board of Parole

278 A.D.2d 767 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2000

The record establishes that the Board’s final decision was mailed to petitioner on March 16, 1999. … the executed order to show cause and supporting papers on October 6, 1999, the proceeding was properly dismissed for failure to comply with the four-month Statute of Limitations period (see, CPLR 217 [1]; Matter of Shell v

Fairris v. Town of Washington Planning Board

167 A.D.2d 368 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1990

Board of Appeals, 147 AD2d 648 ; Matter of Gaona v Town of Huntington Zoning Bd. of Appeals, 106 AD2d 638 ). … P., Brown, Kunzeman and Sullivan, JJ., concur.

Brown v. Brooklyn, Queens County & Suburban Railroad

136 A.D. 690 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1910

(Miller v. Brooklyn Heights R. R. Co., 127 App. Div. 197 .) The judgment is reversed and a new trial is ordered, costs to abide the event. Hirschberg, P. J., Woodward, Thomas and Carr, JJ., concurred.

City of Amsterdam v. Board of Assessors

111 A.D.2d 1017 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1985

We do not find that the requisite “good cause” has been established to permit an exception to the strict standards imposed by prior decisions of this court (see, Salesian Socy. v Village of Ellenville, 98 AD2d 927, 928 ).

O'Shaughnessy v. Monroe County Board of Elections

15 A.D.2d 183 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1961

Matter of Bennett v. … Brown v. Board of Supervisors of Suffolk County, 170 App. Div. 364, 372 , modified on other grounds 216 N.