Case law

Claim of Drew v. Board of Education

35 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1970

(Matter of Herring v. Great Kills Moving & Stor., 7 A D 2d 797, 798, supra.) … Matter of Dodge v. New York Tribune Co., 3 A D 2d 614).

Board of Managers v. Carol Management, Inc.

214 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 1995

We also reinstate the second cause of action sounding in the implied housing merchant warranty (Caceci v Di Canio Constr. … of Mgrs. of Astor Terrace Condominium v Schuman, Lichtenstein, Claman & Efron, 183 AD2d 488 ).

Claim of Brown v. Penguin Air Conditioning

113 A.D.3d 1009 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2014

Particularly given the absence of any medical evidence to the contrary, we conclude that the Board’s finding of causally related neck and back injuries is supported by substantial evidence (see Matter of Perez v Mondial Tiles … , Inc., 104 AD3d 998 , 999 [2013]; Matter of Paradise v Goulds Pump, 13 AD3d 764, 765 [2004]).

Yaeger v. Town of Lockport Planning Board

62 A.D.3d 1250 · Appellate Division of the Supreme Court of the State of New York · May 1, 2009

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determinations of respondents Town of Lockport Planning Board (Planning Board) and Town of Lockport Zoning Board of Appeals (ZBA) granting … , 43 AD3d 1374 [2007], lv denied 9 NY3d 818 [2008]; Matter of Ferruggia v Zoning Bd. of Appeals of Town of Warwick, 5 AD3d 682 [2004]; Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457 [1999]).

Logiudice v. Southold Town Board of Trustees

50 A.D.3d 800 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 2008

Corp. v Incorporated Vil. of Rockville Ctr., 64 NY2d 921, 922 [1985]; Matter of Semerjian v Vahradian, 186 AD2d 202 [1992]; Matter of Lawrence School Corp. v Morris, 167 AD2d 467, 468 [1990]). … Trust v Board of Zoning Appeals of Town of Hempstead, 301 AD2d 530, 531-532 [2003]; see Matter of Cappelli Assoc. V v Meehan, 247 AD2d 381, 382 [1998]; Matter of Wade v Kujawski, 167 AD2d 409, 410 [1990]).

BBJ Associates, LLC v. Zoning Board of Appeals

65 A.D.3d 154 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 2009

Board of Appeals of Town of Hempstead, 2 NY3d at 613; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]). … A zoning board’s interpretation of its zoning code is entitled to great deference (see Matter of New York Botanical Garden v Board of Stds. & Appeals of City of N.Y., 91 NY2d 413, 419 [1998]; Matter of Louchheim v Zoning

Crvelin v. Board of Education

144 A.D.3d 1649 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2016

During that process, defendant Board of Education of City School District of City of Niagara Falls (Board of Education) undertook an investigation and ultimately passed a resolution concluding that plaintiff had violated … 807 [1998]; Wheeler v State of New York, 104 AD2d 496, 498 [1984]; La Belle v County of St.

Crvelin v. Board of Education

144 A.D.3d 1649 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2016

During that process, defendant Board of Education of City School District of City of Niagara Falls (Board of Education) undertook an investigation and ultimately passed a resolution concluding that plaintiff had violated … 807 [1998]; Wheeler v State of New York, 104 AD2d 496, 498 [1984]; La Belle v County of St.

Carola v. Saratoga County Board of Elections

180 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 1992

After the election and upon a recanvass of the votes by respondent Saratoga County Board of Elections (hereinafter the Board), respondent was declared the winner with a total vote of 1,142, as compared to petitioner’s total … election district No. 5, her inability to fulfill the requirements of Election Law § 8-302 (3) (f) (ii) required that her vote be disallowed (see, Matter of McClure v D’Apice, 116 AD2d 721, 723 ; Matter of Roe v Palmer,

Caruana v. Board of Cooperative Education Services

26 A.D.3d 857 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2006

The day before the accident, a student under the supervision of defendant James Loomis at a school operated by defendant Oswego County Board of Cooperative Education Services had changed the tires on plaintiffs car. … Here, plaintiff is a covered person within the meaning of section 5102 (j), but defendants and their student are not (see generally Hill v Metropolitan Suburban Bus Auth., 157 AD2d 93, 97 [1990]; Lang v City of New York,

Buffalo Teachers Federation, Inc. v. Board of Education

50 A.D.3d 1503 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 2008

Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). … Servs. v BOCES Staff Assn., 308 AD2d 452, 453 [2003]).

Cerro v. Washington County Board of Supervisors

247 A.D.2d 726 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1998

properly dismissed (see, Matter of Glens Falls City School Dish v City of Glens Falls Indus. … It is axiomatic that the Board has the duty of obtaining the highest possible price for County-owned property which it sells (see, Matter of Magnotta v Gerlach, 301 NY 143 ).

Board of Cooperative Educational Services v. Gaynor

33 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1969

We agree with the Special Term (1) that the Director and the Town Board lack standing to question the validity of the agreement (cf. Matter of Board of Coop. Educational Servs. v. … Buckley, 15 N Y 2d 971; Board of Educ., Union Free School Dist. No. 6 v. Board of Coop.

Saggolf Corp. v. Town Board of Bolton

63 A.D.2d 428 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1978

Board of Representatives of County of Dutchess, 74 Misc 2d 708 ). … As amendments which create a new statutory right and are remedial in nature, they should be given retroactive effect (Matter of Busch v Austin Co., 37 AD2d 648 ; Matter of Mlodozeniec v Worthington, 9 AD2d 21 ).

Lindberg v. Town of Manlius Planning Board

41 A.D.3d 1231 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 2007

The judgment granted the motion of respondents-defendants Town of Manlius Planning Board, Albert Hanzalik and Town Board of the Town of Manlius to dismiss the petition-complaint against them. … ]; Delaware Midland Corp. v Incorporated Vil. of Westhampton Beach, 79 Misc 2d 438, 440 [1974], affd 48 AD2d 681 , affd 39 NY2d 1029 [1976]; Rice, Practice Commentaries, McKinney’s Cons Laws of NY, Book 61, Town Law § 276

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,

Halperin v. Board of Appeals on Zoning

24 A.D.3d 767 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2005

The Supreme Court erroneously transferred this proceeding to this Court pursuant to CPLR 7804 (g) (see Matter of Sasso v Osgood, 86 NY2d 374 , 384 n 2 [1995]; Matter of Halperin v Board of Appeals on Zoning of City of New … Nonetheless, this Court will decide the case on the merits in the interest of judicial economy (see Matter of Halperin v Board of Appeals on Zoning of City of New Rochelle, supra; Seaview Assn. of Fire Is. v Department of

Brown v. Cope Bestway Express, Inc.

99 A.D.3d 746 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2012

Ultimate Servs., Inc., 45 AD3d at 541 ; Perini Corp. v WDF, Inc., 33 AD3d at 606-607 ; T T Enters. v Gralnick, 127 AD2d 651, 652 [1987]). … Finally, a joint trial of action No. 1 and action No. 2 will not prejudice any of Brown’s substantial rights (see Whiteman v Parsons Transp. Group of N.Y., Inc., 72 AD3d 677, 678 [2010]).

City of Amsterdam v. Board of Assessors

91 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1982

Corp. v State Bd. of Equalization & Assessment, 86 AD2d 707 ; Blooming Grove Props, v Board of Assessors of Town of Blooming Grove, 34 AD2d 953 ). … Board of Assessors of Town of Blooming Grove, supra).

Ajamian v. Town Board of Oyster Bay

38 A.D.2d 551 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1971

Although the action of the defendant Town Board in amending its Building Zone Ordinance was a legislative act, it may be attacked as “spot zoning” by an action for a declaratory judgment (cf. Blumberg v. … In any amended complaint it would be well for plaintiffs to plead in more exact terms their status as aggrieved parties (see Schapiro v. Town of North Hempstead, 35 A D 2d 596; Matter of Haber v.