Case law

Cannavaro v. State Human Rights Appeal Board

77 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 1980

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated June 12, 1979,, which affirmed a determination of the State Division of Human Rights, dated September … R. v New York State Human Rights Appeal Bd., 59 AD2d 924 ). Hopkins, J. P., Titone, Lazer, and Cohalan, JJ., concur.

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]).

Ayala v. New York State Board of Parole

17 A.D.3d 946 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2005

Given petitioner’s subsequent reappearance before respondent on October 13, 2004, the instant matter is now moot and must be dismissed (see Matter of Lorenzo v Travis, 11 AD3d 833 [2004]). *947 Mercure, J.P., Spain, Rose,

Cristiano v. Otsego County Board of Elections

181 A.D.2d 941 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1992

Respondent Otsego County Board of Elections sustained challenges to 13 of these ballots and they were not opened. … Supreme Court ordered the Board of Elections to conduct a hearing to further investigate the remaining unopened ballots, after which the Board of Elections sustained 10 of the challenges and denied three.

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.

Deerpark Farms, LLC v. Agricultural & Farmland Protection Board

70 A.D.3d 1037 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 2010

An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts (see Matter of Pell v Board of Educ. of Union Free School Dist. … Therefore, contrary to the petitioner’s contention, the Legislature’s determination was rational, and not arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist.

Muir v. Town of Newburgh Planning Board

49 A.D.3d 742 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2008

Assn. v Jorling, 85 NY2d 382, 397 [1995]), and made a “reasoned elaboration” of the basis for its determinations (Matter of Merson v McNally, 90 NY2d 742, 751-752 [1997]). … The Planning Board’s determination that the preparation of a supplemental environmental impact statement was not required was not arbitrary or capricious and is supported by the evidence (see Matter of Riverkeeper, Inc. v

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 ).

Kay v. Board of Regents of University

108 A.D.2d 1039 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1985

The Board of Regents accepted this recommendation and the Commissioner of Education implemented it. … Kreisberg, 47 NY2d 354, 360 ; Matter of Pell v Board of Educ., 34 NY2d 222 , 233).

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 ).

Strizak v. Board of Regents of University

29 A.D.2d 1013 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1968

(See Matter of Tompkins v. Board of Regents, 299 N. Y. 469, 474 ; Matter of Schnure v. Board of Regents, 283 App. Div. 985 .) … Board of Regents, 274 App. Div. 952 , affd. 299 N. Y. 582 ; Matter of Lynch’s Bldrs. Rest. v. O’Connell, 303 N. Y. 408, 410 ). Determination confirmed, without costs, and petition dismissed. Gibson, P.

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

SRW Associates v. Town Board of Brookhaven

121 A.D.2d 713 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

Assoc. v Town of Islip, 96 AD2d 946 ). … board’s determination and to approve, approve with modification, or deny an application for cluster zoning (see, Matter of Woodhull Assoc. v Board of Trustees, 63 AD2d 677 ; Orrell v Planning Bd. of Town of Pound Ridge,

New York City Board of Education v. New York State Human Rights Appeal Board

54 A.D.2d 656 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1976

Matter of Wulff v Teachers’ Retirement Bd. of City of N.Y., 27 AD2d 929, 930 , affd 21 NY2d 802 ). … This is in compliance with constitutional equal protection requirements (Cleveland Bd. of Educ. v LaFleur, 414 US 632 ; cf. Board of Educ. v New York State Div. of Human Rights, 42 AD2d 49 , affd 35 NY2d 674 ).

Tsakos v. Erie County Board of Elections

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

The candidates used their proper street addresses and all post-office addresses which were designated are all included geographically in the Town of Evans (see Matter of Ferris v Sadowski, 45 NY2d 815, 817 ).

Kar-McVeigh, LLC v. Zoning Board of Appeals

93 A.D.3d 799 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2012

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Riverhead dated August 27, 2009, which, after a hearing, dismissed the petitioner/plaintiff s application … Mulligan, 73 AD3d 781, 783 [2010]; Matter of Bloodgood v Town of Huntington, 58 AD3d 619, 621 [2009]).

New York City Water Board v. Zagata

240 A.D.2d 1005 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1997

Corp. v State of New York, 200 AD2d 294, 296 ). Furthermore, we believe that the Commissioner acted within the scope of his authority in phasing in the increased rate.

Ptak v. Erie County Board of Elections

307 A.D.2d 1072 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2003

such address is the accepted address of such signer” (id.), we conclude that the unsworn statements submitted by respondent do not substantially comply with the requirements of section 6-134 (12) (see Matter of Ligammari v

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.