Case law

Checchia v. Tioga County Board of Elections

231 A.D.2d 752 · Appellate Division of the Supreme Court of the State of New York · Sep 4, 1996

, to be entirely consistent with that authority (see, Matter of Ferraro v Power, 1 NY2d 910 ). … Board of Educ., 216 AD2d 708 ).

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

Vette Realty, Inc. v. Board of Appeals

51 A.D.3d 938 · Appellate Division of the Supreme Court of the State of New York · May 20, 2008

The record indicates that the Board’s determination had a rational basis and was not arbitrary and capricious (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d at 614-615 ; Matter of Sasso v Osgood, … 86 *939 NY2d 374 [1995]; Matter of Martino v Board of Zoning Appeals of Inc.

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.

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 ).

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).

R.A.C. Group, Inc. v. Board of Education

295 A.D.2d 489 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2002

Co. v City of Poughkeepsie, 273 AD2d 186, 187 ; Nu-Life Constr. Corp. v Board of Educ. of City of N.Y., 204 AD2d 106, 107 ). … Sheriffs Off., County of Orange, 279 AD2d 551 ; Graham v City of New York, 279 AD2d 435, 436 ; Liu v New York City Police Dept., 216 AD2d 67 , cert denied 517 US 1167 ; Pang Hung Leung v City of New York, 216 AD2d 10, 11

Santa's Workshop, Inc. v. Board of Assessors

13 A.D.3d 1047 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2004

The four-year filing requirement is a “mandatory provision and must be strictly applied” (Matter of Pyramid Crossgates Co. v Board of Assessors of Town of Guilderland, 302 AD2d 826, 829 [2003], lv denied 100 NY2d 504 [2003 … Board of Assessors of Town of Wilmington, 13 AD3d 1046 [2004] [decided herewith]).

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]).

Lake Anne Realty Corp. v. Planning Board

262 A.D.2d 413 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1999

Greene have a vested right to expand a nonconforming use and a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Blooming Grove dated May 12, 1993, which, after … Accordingly, the Supreme Court properly denied the proposed amendment based on application of the doctrine of res judicata (see, Smith v Russell Sage Coll., 54 NY2d 185 ; Vavolizza v Krieger, 33 NY2d 351 ; McNaughton v Hudson

Board of Education v. Olena Construction Corp.

195 A.D.2d 458 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1993

Co. v Stekardis, 34 NY2d 182 ; Matter of Metropolitan Prop. & Liab. Ins. Co. v Hancock, 183 AD2d 831 ). We find no merit to the petitioner’s contention that Matter of Matarasso (Continental Cas. … The Supreme Court should have treated the affidavit supporting the cross motion to compel arbitration as an answer to the petition (see, Matter of Ransom v St. Regis Mohawk Educ. & Community Fund, 179 AD2d 860 ).

Rocky Point Properties, Inc. v. Sear-Brown Group, Inc.

57 A.D.3d 1482 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2008

Rhoades v. Westchester County Board of Elections

115 A.D.3d 958 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 2014

The respondent Westchester County Board of Elections (hereinafter the BOE) lacks standing to contest the validity of service of process of this proceeding upon the individual respondents (see Matter of Czajka v Koweek, 100 … AD3d 1136, 1138 [2012]; Wells Fargo Bank, N.A. v Bowie, 89 AD3d 931, 932 [2011]; Matter of Defreestville Area Neighborhoods Assn., Inc. v Tazbir, 23 AD3d 70, 73 [2005]; Home Sav. of Am. v Gkanios, 233 AD2d 422, 423 [1996

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

Price v. Erie County Board of Elections

72 A.D.2d 969 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1979

(Margolies v Encounter, Inc., 42 NY2d 475, 479 .) … In such circumstances the order of Special Term granting the preliminary injunction should be vacated (see Olechna v Town of Smithtown, 51 AD2d 1036 ; Diamond v City of Kingston, 32 AD2d 587 ).

Bowers v. Aron

142 A.D.2d 32 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1988

Corp. v Linden, 30 NY2d 160, 163 ). … The Zoning Board then voted to grant the Browns’ request for approval to erect the greenhouse.

Sklar v. Board of Cooperative Educational Services

104 A.D.2d 622 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1984

As this court stated in Matter of Acinapuro v Board of Coop. … P., Brown, Niehoff and Boyers, JJ., concur.

People ex rel. Gleason v. Town Board

21 A.D. 156 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1897

Having met for that purpose, the board was urged to regard as the boundary line of the Greater New York, a line drawn from the - southeast point of the town of. … The board refused' to do this and took the boundary line as it existed'in 1894.

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]).

Artistic Landscaping, Inc. v. Board of Assessors

303 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 2003

Prospect Hosp., 68 NY2d 320, 324-325 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). … denied 371 US 901 [1962]; Lombardi v Allcity Ins.