Case law

George W. Brown, Inc. v. Pipe Welding Supply, Inc.

26 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1966

Clearly, therefore, the rule of Mills v. … (See Cote v. Autocar Sales & Serv. Co., 191 Misc. 988 .) Respondent contends that if the charge be found erroneous under the Mills v.

Caspian Realty, Inc. v. Zoning Board of Appeals

68 A.D.3d 62 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2009

v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Margaritis v Zoning Bd. of Appeals of Inc. … (Town Law § 267-b [3] [b]; see also Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at *73 612-613; Matter of Fowlkes v Board of Zoning Appeals of Town of N.

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

Moody Engineering Co. v. Board of Education

205 A.D. 522 · Appellate Division of the Supreme Court of the State of New York · May 18, 1923

Co. v. Town of North Hempstead, 121 App. … (Johnston Heating Co. v. Board of Education, 175 App. Div. 140 ; affd., 226 N. Y. 592 .)

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.

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

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

Artis v. State Human Rights Appeal Board

42 A.D.2d 557 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1973

Determinations of the Division of Human Rights, dated August 30, 1971, and of Human Rights Appeal Board made August 7, 1972, unanimously annulled, on the law, without costs and without disbursements, and vacated, and the … On appeal to the Human Rights Appeal Board, this error was compounded: instead of limiting its decision to ruling on the presence or absence or substantial supporting evidence (§ 297-a, subd. 7), the majority of the board

Claim of Beeman v. Board of Education

195 A.D. 357 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1921

(Aultman & Taylor Co. v. Syme, 163 N. Y. 54, 57 .) … principal business is that of carrying on or *360 conducting a hazardous employment upon the premises,” etc., and I apprehend that a school teacher is not engaged in any of the occupations enumerated in section 2, and that a board

Pettinelli Electric Co. v. Board of Education

56 A.D.2d 520 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1977

(Krell v Henry [1903], 2 KB 740, 749.) … Ewing Co. v New York State Teachers’ Retirement System, 14 AD2d 113, 115 , affd 11 NY2d 749 .)

People ex rel. Finch v. Brown

104 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

from the court” (People v Sparber, 10 NY3d 457, 470 [2008]). … Lewis v Warden, Otis Baum Correctional Ctr, 51 AD3d 512, 512 [2008]). Because petitioner served his sentence, he must be immediately released. Present — Smith, J.P, Fahey, Valentino, Whalen and Martoche, JJ.

People ex rel. Finch v. Brown

104 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

from the court” (People v Sparber, 10 NY3d 457, 470 [2008]). … Lewis v Warden, Otis Baum Correctional Ctr, 51 AD3d 512, 512 [2008]). Because petitioner served his sentence, he must be immediately released. Present — Smith, J.P, Fahey, Valentino, Whalen and Martoche, JJ.

Vlachos v. New York City Loft Board

118 A.D.2d 378 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1986

The Loft Board had no duty to ensure that petitioners had read the law (see, Soloff v Board of Educ., 90 AD2d 829, 830 , lv denied 59 NY2d 602 ). … A party who deals with municipal officials is required to determine for himself the nature and extent of such officials’ authority (Pauk v Board of Higher Educ., 62 AD2d 660, 664 , affd 48 NY2d 930 ).

Sangermano v. Board of Cooperative Educational Services

279 A.D.2d 582 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2001

Corp. v New York State Dept. of Labor, 266 AD2d 394 : Matter of Hanslmaier v Wehr, 199 AD2d 754 ; Matter of Gonzalez v New York State Dept. of Correctional Servs., 181 AD2d 1011 ; Matter of Smith v Kunkel, 152 AD2d 893 ; … Matter of Edelman v Axelrod, 111 AD2d 468 ; Haberbush v Christensen, 103 AD2d 996 ).

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 ).

Whittaker v. New York City Board of Education

71 A.D.3d 776 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 2010

Matter of Charles v City of New York, 67 AD3d 793 [2009]; Matter of Felice v Eastport/South Manor Cent. … Century 21 Grand, 35 AD3d 591, 592 [2006]; Hoffman v Kessler, 28 AD3d 718, 719 [2006]; Guarneri v St.

Streng v. Westchester County Board of Elections

131 A.D.3d 652 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2015

AD3d 505, 505 [2005]; see Matter of Nunziato v Messano, 87 AD3d 647, 647 [2011]; Matter of Del Villar v Vekiarelis, 59 AD3d 642 [2009]; Matter of Master v Pohanka, 43 AD3d 478 [2007]). … Matter of Contessa v McCarthy, 40 NY2d 890, 891 [1976]).

Kay v. Board of Higher Education

259 A.D. 879 · Appellate Division of the Supreme Court of the State of New York · May 24, 1940

Archstone Communities Trust v. Board of Assessors

78 A.D.3d 1046 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 2010

Co. v City of Mount Vernon, 89 NY2d 735, 741 [1997]; Matter of Sterling Estates v Board of Assessors of County of Nassau, 66 NY2d 122, 125 [1985]). … . v Board of Assessors of Vil. of Garden City, 202 AD2d 424 [1994]).