Case law

Kay v. Board of Higher Education

260 A.D. 849 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 1940

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

Weingart v. Community School Board 26

71 A.D.2d 901 · Appellate Division of the Supreme Court of the State of New York · Aug 13, 1979

Schwartz v Greenberg, 304 NY 250 ). … This situation is not analogous to the one existing in Matter of Municipal Consultants & Publishers v Town of Ramapo ( 47 NY2d 144 ), where negotiations on the proposed agreement preceded the resolution voted by the town

Sears, Roebuck & Co. v. Board of Assessors

182 A.D.2d 970 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1992

. v Board of Assessors, 142 AD2d 57, 59 ; see also, Matter of Batavia Enters, v Assessor of Town of Batavia, 72 AD2d 912, 912-913 ). … The RECYCLE case involved a special proceeding pursuant to CPLR article 78, the commencement of which is governed by CPLR 403 (a), and not RPTL article 7 (see, Matter of Caldor, Inc. v Board of Assessors, supra, at 59). *

Salvadore v. New York City Loft Board

79 A.D.3d 488 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2010

Determination of respondent New York City Loft Board, dated April 23, 2009, to the extent it denied petitioners’ application for reconsideration of an order, dated September 18, 2008, which, after a fact-finding hearing, … living purposes,” the 1982 Loft Law was intended to “take a ‘snap shot’ of those people eligible for protection” at the time (Mem of Legis Rep of City of NY, 1982 McKinney’s Session Laws of NY, at 2484, quoted in Wolinsky v

Simon v. Board of Appeals on Zoning

208 A.D.2d 931 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1994

Matter of Frishman v Schmidt, 61 NY2d 823, 825 ; Matter of Cowan v Kern, 41 NY2d 591 , 597; Matter of Criscione v Wallace, 145 AD2d 697, 698 ). … Mealey, 293 NY 583 ; People v Cully Realty, 109 Misc 2d 169, 170 ; People v Marcus, 142 Misc 2d 908, 909-910 ; Matter of Schweizer v Board of Zoning Appeals, 8 Misc 2d 878 , 879-880; City of New Rochelle v Friedman, 190 Misc

Shivinsky v. Brown Transport Corp.

103 A.D.2d 1042 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1984

— Order unanimously reversed, on the law, without costs, defendant Brown Transport Corporation’s motion granted, and plaintiff’s motion denied, without prejudice, in accordance with the same memorandum as in Prior v Brown

Rivers v. New York State Board of Parole

34 A.D.3d 954 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2006

Given petitioner’s subsequent reappearance, the instant matter is now moot and must be dismissed (see Matter of Rivera v Travis, 8 AD3d 716, 716-717 [2004]).

Rhs Realty Co. v. Conciliation & Appeals Board

101 A.D.2d 756 · Appellate Division of the Supreme Court of the State of New York · May 10, 1984

Matter of Colton v Berman, 21 NY2d 322,333 .) … (Supra, at p 334 ; see, also, Matter of Lynch v New York City Conciliation & Appeals Bd., 56 AD2d 816 , affd 44 NY2d 795 .)

People ex rel. Aikens v. Brown

103 A.D.3d 1212 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2013

Cass v Khahaifa, 89 AD3d 1517, 1517-1518 [2011]). … Campolito v Hale, 70 AD3d 1474, 1474 [2010]). The exception to the mootness doctrine does not apply herein (see id.).

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

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

Brown v. Concord Nurseries, Inc.

37 A.D.3d 1077 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2007

Co. v *1078 Food City, 167 AD2d 983, 984 [1990]). Present—Hurlbutt, J.P, Gorski, Lunn, Peradotto and Green, JJ.

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

Angello v. Board of Cooperative Educational Services

55 A.D.2d 806 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1976

of summer work, during the period for which BOCES is directed to pay his salary since September, 1972 and, if any are proved, for a credit thereof against its back salary obligation to petitioner (see Matter of Lezette v … Board of Educ., 35 NY2d 272, 283 ).

Schulz v. Warren County Board of Supervisors

179 A.D.2d 118 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1992

In January 1991 respondent Warren County Board of Supervisors (hereinafter the Board) adopted Resolution No. 73 which, inter alia, authorized its chair to enter into a contract with respondent Lake George-Warren County Convention … Assn. v Mayor of City of N. Y., 152 NY 257, 265 ; see, Smith v Smythe, 197 NY 457 ).

People ex rel. Brown v. Griffin

100 A.D.3d 1229 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2012

Following an unsuccessful direct appeal (People v Brown, 109 AD2d 1091 [1985], affd 66 NY2d 997 [1985]) and various collateral proceedings, petitioner commenced this habeas corpus proceeding principally arguing that, in the … Gonzalez v New York State Dept. of Correctional Servs., 86 AD3d 886, 887 [2011], lv denied 18 NY3d 802 [2011]; see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026-1027 [2009], lv denied 13 NY3d 712 [2009]).

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

Ziolkowski v. Town Board of Grand Island

90 A.D.3d 1528 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2011

Boice v. State Human Rights Appeal Board

73 A.D.2d 711 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1979

There is overwhelming evidentiary support for the board’s affirmance of the commissioner’s decision and, therefore, we are obliged to confirm its determination (State Div. of Human Rights v Columbia Univ. in City of N. … State Div. of Human Rights v State Univ. Coll, of N. Y. at Fredonia, 60 AD2d 969 ).