Case law

Palla v. Suffolk County Board of Elections

38 A.D.2d 84 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1971

That proceeding was entitled Blumenthal v. Suffolk, County Bd. of Elections. … Y. 117 ) nor an affirmative answer (Matter of Robbins v. Chamberlain, 297 N. Y. 108 ).

Board of Windsor Owners Corp., Inc. v. Platt

2020 NY Slip Op 06342 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2020

Board of Windsor Owners Corp., Inc. v Platt ( 2020 NY Slip Op 06342 ) Board of Windsor Owners Corp., Inc. v Platt 2020 NY Slip Op 06342 Decided on November 05, 2020 Appellate Division, First Department Published by New York … Index No. 155985/14 Appeal No. 12274N Case No. 2020-01672 [*1]Board of Windsor Owners Corp., Inc., Plaintiff-Appellant, v Elaine Platt, Defendant-Respondent. Gallett Dreyer & Berkey LLP, New York (Morrell I.

Arlington Teachers Ass'n v. Board of Education

72 A.D.2d 600 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1979

On March 15, 1977 Burger commenced a proceeding under CPLR article 78 to review the board’s determination finding him guilty of the charges and dismissing him as a teacher (Matter of Burger v Board of Educ., 72 AD2d 603 ) … "Once the controversy is heard and a decision arrived at either by the arbitrator or by the commissioner or by the judge, that is the end of the matter” (Board of Educ. v Associated Teachers of Huntington, 30 NY2d 122, 132

Tridee Associates, Inc. v. Board of Education

22 A.D.3d 833 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 2005

The defendant, the Board of Education of the City of New York (hereinafter the BOE), sought to convert the plaintiffs building into an elementary school. … Corp. v McTague, 21 AD3d 610 [2005]; Abbott, Duncan & Wiener v Ragusa, 214 AD2d 412, 413 [1995]). The plaintiff sent the BOE an invoice containing 26 items for which it sought additional compensation.

King v. Saratoga County Board of Supervisors

223 A.D.2d 894 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1996

On May 20, 1993, this Court handed down its decision in Matter of Seymour v County of Saratoga (supra), nullifying Resolution No. 86 of 1991. … Bank v City of Albany, 92 NY 363, 366-367 ; Nassau County v Incorporated Vil. of Roslyn, 218 AD2d 688 ).

Board of Windsor Owners Corp., Inc. v. Platt

2020 NY Slip Op 06342 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2020

Board of Windsor Owners Corp., Inc. v Platt ( 2020 NY Slip Op 06342 ) Board of Windsor Owners Corp., Inc. v Platt 2020 NY Slip Op 06342 Decided on November 05, 2020 Appellate Division, First Department Published by New York … Index No. 155985/14 Appeal No. 12274N Case No. 2020-01672 [*1]Board of Windsor Owners Corp., Inc., Plaintiff-Appellant, v Elaine Platt, Defendant-Respondent. Gallett Dreyer & Berkey LLP, New York (Morrell I.

Prote Contracting Co. v. Board of Education

276 A.D.2d 309 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2000

Co. v Board of Educ., 230 AD2d 32 .) Thereafter, the Board served a second amended answer with counterclaims. … Co. v Board of Educ., supra, 230 AD2d 32, 41 .)

Di Lucia v. Town Board of Westford

160 A.D.2d 1152 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1990

Neither a town superintendent nor a planning board may bind a municipality to accept a proffered dedication absent the town board’s consent (see, Highway Law § 171; Entress v Sours, 272 App Div 861 ; Koff v Frank, 22 Misc … Center v Moore, 52 NY2d 88, 93-94 ; Matter of Burns v Regan, 87 AD2d 944, 946 , appeal dismissed 57 NY2d 954 ). Nor do we find the Town Board’s refusal to accept petitioners’ roads to be arbitrary or capricious.

Desotelle v. Town Board of Schuyler Falls

301 A.D.2d 1003 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2003

We have previously held that “[a] highway or street located within the geographical limits of a town may become a town highway either by dedication or use” (Matter of Hillelson v Grover, 105 AD2d 484, 485 ). … Dedication, in turn, requires absolute relinquishment to public use by the owner, acceptance and a formal opening (see Niagara Falls Suspension Bridge Co. v Bachman, 66 NY 261, 269 ).

Shaughnessy v. Herkimer County Board of Elections

104 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1984

The failure of the signers of the designating petition to provide the “town or city” of residence is *732 a fatal defect and renders the designating petition invalid (Matter of McKeever v Hornidge, 306 NY 876 ; Matter of … Scamacca v Mahoney, 104 AD2d 730 ).

Keenan v. Chemung County Board of Elections

43 A.D.3d 623 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 2007

Both petitions were filed with respondent Chemung County Board of Elections on July 19, 2007. … Matter of DeCicco v Chemung County Bd. of Elections, 93 NY2d 1008, 1009 [1999]).

Pollock v. Board of Regents of the University

266 A.D. 696 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1943

Forcucci v. Board of Education

151 A.D.3d 1662 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2017

Same memorandum as in Forcucci v Board of Educ. of Hamburg Cent. Sch. Dist. ([appeal No. 1] 151 AD3d 1660 [2017]). Present — Whalen, P.J., Smith, Centra and Scudder, JJ.

Forcucci v. Board of Education

151 A.D.3d 1662 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2017

Same memorandum as in Forcucci v Board of Educ. of Hamburg Cent. Sch. Dist. ([appeal No. 1] 151 AD3d 1660 [2017]). Present — Whalen, P.J., Smith, Centra and Scudder, JJ.

Feinberg v. Board of Appeals of Sanford

306 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2003

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]; Matter of PDH Props. v Planning Bd. of Town of Milton, 298 AD2d 684, 685 [2002]; Matter of Market Sq. … Trust v Board of Zoning Appeals of Town of Hempstead, supra at 196).

Westbury Trombo, Inc. v. Board of Trustees

307 A.D.2d 1043 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 2003

On November 2, 2000, the Board of Trustees of the Village of Westbury (hereinafter the Board)" passed Local Law No. 10 (2000) of the Village of Westbury. … The local laws under review in this case likewise may not be upheld as an exercise of the Board’s general police powers (see Matter of Belle Harbor Realty v Kerr, 35 NY2d 507 [1974]; cf.

Board of Mgrs. of Harborview Condominium v. Goodman

189 A.D.3d 1529 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2020

Board of Mgrs. of Harborview Condominium v Goodman ( 2020 NY Slip Op 08030 ) Board of Mgrs. of Harborview Condominium v Goodman 2020 NY Slip Op 08030 Decided on December 30, 2020 Appellate Division, Second Department Published … DUFFY BETSY BARROS, JJ. 2019-04603 (Index No. 61962/17) [*1]Board of Managers of Harborview Condominium, respondent, v Paul Goodman, appellant. Paul Goodman, New York, NY, appellant pro se.

Cerro v. Washington County Board of Supervisors

270 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2000

Petitioner commenced this combined CPLR article 78 proceeding and action for declaratory judgment to challenge a determination by respondent Washington County Board of Supervisors (hereinafter the Board) to sell a parcel … Rather, we held that notwithstanding the perceived breach by the Board of its own rules, since the Board’s decision did not violate a State statute we were not permitted to substitute our judgment for the Board’s, especially

Wright v. Board of Assessors of Ticonderoga

177 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1991

When petitioner challenged the Town Board’s determination to repeal the 1985 local law, we upheld the Town Board’s right to do so (see, Matter of Wright v Town Bd., 169 AD2d 190 ). … It is true that, where a town board has established the office of town attorney, counsel employed by the town board "in respect to any particular subject matter, proceeding or litigation” is employed as "counsel to the town

Dunsmoor v. Town of Oswego Planning Board

104 A.D.3d 1210 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013