Case law

Hunter v. Warren County Board of Supervisors

21 A.D.3d 622 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 2005

In June 2003, defendant Warren County Board of Supervisors made a municipal home rule request for enactment of a state law authorizing the imposition of a 4% tax on the rental proceeds of rooms in motels and hotels within … Hatch v Reardon, 184 NY 431, 445 [1906], affd 204 US 152 [1907]).

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).

Kemp v. Monroe County Board of Elections

113 A.D.2d 1019 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1985

Memorandum: The law is established that an aggrieved party need not commence judicial proceedings prior to receiving written notice of the Board’s ruling even if the 14-day period provided by Election Law § 16-102 (2) has … expired (Matter of Pell v Coveney, 37 NY2d 494, 496 ; Matter of Gartner v Salerno, 74 AD2d 958, 959 , Iv denied 49 NY2d 704 ; Matter of Vanderlip v Mahoney, 59 AD2d 643 ; Matter of Colvin v Romeo, 59 AD2d 641 , Iv denied

Amann v. New York City Loft Board

262 A.D.2d 234 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1999

—Determination of respondent New York City Loft Board dated November 14, 1997, which adopted the report and recommendation of the Director of Hearings, and denied Interim Multiple Dwelling status to the building located at … use of those units, and the finding that the remaining units reviewed were not sufficiently converted to residential use (see, Anthony v New York City Loft Bd., 122 AD2d 725 ; Franmar Infants Wear v Rios, 143 Misc 2d 562

McKay Construction Co. v. Board of Education

33 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1969

(Shalman v. Board of Educ. Cent. School Hist. No. 1, 31 A D 2d 338; Tilden Constr. Corp. v. State of New York, 30 A D 2d 612; Terrace Hotel Co. v. State of New York, 19 A D 2d 434.) … Corp. v.

American Cyanamid Co. v. Board of Assessors

255 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1998

—In consolidated tax certiorari proceedings pursuant to Real Property Tax Law article 7, to review certain, real property tax assessments for the tax years commencing 1989-1990 to 1995-1996, the Board of Assessors, the Assessor … Co. v Macejka, 117 AD2d 896, 897 ).

Crossman Cadillac, Inc. v. Board of Assessors

60 A.D.2d 842 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 1978

City of Syracuse, Dept, of Assessment, 47 AD2d 29 , affd 38 NY2d 883 )” (Matter of Crossman Cadillac v Board of Assessors, 54 AD2d 762 ). … Co. v Ferris, 257 App Div 415 , affd 282 NY 667 ; People ex rel. Holmes Elec. Protective Co. v Chambers, 1 Misc 2d 990 , affd 285 App Div 886 , affd 1 NY2d 760 ).

Hockley v. Westchester County Board of Elections

66 A.D.3d 898 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 2009

Sachs, 129 AD2d 827, 828 [1987]; see Matter of Rhodes v Salerno, 57 NY2d 885, 887 [1982]; Matter of Carr v New York State Bd. of Elections, 40 NY2d 556, 558-559 [1976]; Matter of Carnahan v Ward, 44 AD3d 1249, 1250 [2007] … ; Matter of Pasquerella v Sunderland, 207 AD2d 515 [1994]; Matter of Sheehan v Aylward, 84 AD2d 602, 603 [1981]).

Altic v. Board of Education

142 A.D.3d 1311 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

In other words, the moratorium statute does not permit an employer to whom the statute applies to provide retirees with lesser health insurance benefits than active employees” (Matter of Anderson v Niagara Falls City Sch. … Here, it is undisputed that the prescription co-pay benefits for petitioners and active employees were identical from June 30, 1994, the “starting date” of the moratorium law (Matter of Jones v Board of Educ. of Watertown

Altic v. Board of Education

142 A.D.3d 1311 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

In other words, the moratorium statute does not permit an employer to whom the statute applies to provide retirees with lesser health insurance benefits than active employees” (Matter of Anderson v Niagara Falls City Sch. … Here, it is undisputed that the prescription co-pay benefits for petitioners and active employees were identical from June 30, 1994, the “starting date” of the moratorium law (Matter of Jones v Board of Educ. of Watertown

Ambald Realty, Inc. v. Board of Assessors

224 A.D.2d 412 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1996

However, in Matter of 10-20 Glenwood Assocs. v Assessor of City of Binghamton ( 142 Misc 2d 636, 640 ), the Supreme Court, Broome County, provided a reasonable standard to be applied: " 'completed’ must mean that the structure

Board of Managers of Century Condominium v. Board of Assessors

96 A.D.3d 739 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2012

Board of Assessors of County of Nassau, 66 NY2d 122, 124 [1985]). … Co., 68 AD3d 792, 794 [2009]; Pansini Stone Setting, Inc. v Crow & Sutton Assoc., Inc., 46 AD3d 784, 786 [2007]; Matter of Xerox Corp. v *741 Duminuco, 216 AD2d 950 [1995]).

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 .)

OTR Media Group v. Board of Standards & Appeals

141 A.D.3d 417 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2016

Tuitt, J.), entered November 23, 2015, denying the petition seeking to annul a resolution of respondent Board of Standards and Appeals of the City of New York (BSA), dated January 28, 2014, which affirmed respondent the New … Onge v Donovan, 71 NY2d 507, 519 [1988]; cf.

Serota Brown Court II, LLC v. Town of Hempstead

62 A.D.3d 715 · Appellate Division of the Supreme Court of the State of New York · May 5, 2009

Partnership v Scheyer, 50 AD3d 1136, 1137 [2008]). … Hempstead, 369 US 590, 597 [1962]; Town of *717 Hempstead v Goldblatt, 19 Misc 2d 176, 180 [1959]; see also Matter of Westbury Trombo v Board of Trustees of Vil. of West-bury, 307 AD2d 1043, 1045 [2003]).

Espino v. New York City Board of Education

80 A.D.3d 496 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2011

Defendant Board established its prima facie entitlement to judgment as a matter of law in this action where infant plaintiff, a 17-year-old student, was injured during a fight in a school hallway. … was sudden and spontaneous and could not have been prevented by more supervision (see Mirand v City of New York, 84 NY2d 44, 49 [1994]; McCollin v Roman Catholic Archdiocese of N.Y., 45 AD3d 478, 479 [2007]), and that defendant

Stankavich v. Town of Duanesburg Planning Board

246 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1998

; Matter of South Shore Audubon Socy. v Board of Zoning Appeals, 185 AD2d 984 ; Matter of Ferrari v Town of Penfield Planning Bd., 181 AD2d 149, 152 ; Matter of Burchetta v Town Bd., 167 AD2d 339 ). … Respondent’s notice of motion erroneously referred to Town Law § 282, which governs planning board decisions regarding plats.

Salvador v. Town of Lake George Zoning Board

130 A.D.3d 1334 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 2015

TOWN OF LAKE GEORGE ZONING BOARD et al., MEMORANDUM AND ORDER Defendants, and RICHARD HYMAN et al., Respondents. ______________________________ … plaintiffs' motion (see DiBella v Martz, 58 AD3d 935, 936-937 [2009]; Cooley v CNYE Realty Corp., Inc., 16 AD3d 871, 872 [2005]).

Dalton v. Wayne County Board of Elections

65 A.D.3d 817 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2009

We conclude that the court erred in dismissing the petition, relying on Matter of Frome v Board of Elections of Nassau County ( 57 NY2d 741 [1982]), and we therefore reverse. … Relin, 286 AD2d 855, 856 [2001], lv denied 96 NY2d 718 [2001]; see Powers, 54 AD3d at 541 ; Matter of Pulver v Allen, 242 AD2d 398, 400 [1997], lv denied 90 NY2d 805 [1997]).

Caruso v. Nassau County Board of Elections

186 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1992

Supreme Court properly dismissed the instant proceeding for lack of jurisdiction due to the petitioner’s failure to comply with the service provisions of the order to show cause (see, Election Law § 16-116; Matter of Diamond v … Power, 21 AD2d 660 ; Matter of Tenneriello v Board of Elections, 125 Misc 2d 190 , revd on other grounds, 104 AD2d 467 ).