Case law

Legislative Conference v. Board of Higher Education

38 A.D.2d 524 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1971

substituting therefor a declaration that plaintiff had no existing and enforceable contractual right to sabbatical leave prior to the effective date of section 82 of the Civil Service Law and that said section prohibits the Board … Instead, a declaration should have been granted in defendant’s favor as above indicated (New York Sporting Arms Assn. v. City of New York, 31 A D 2d 793).

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

Angell v. Tompkins County Board of Representatives

90 A.D.2d 896 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1982

of such board. … There is ample authority for the proposition that a system of weighted voting is permissible as an interim system of reapportionment (Franklin v Krause, 32 NY2d 234 ; Graham v Board of Supervisors of Erie County, 18 NY2d

Bowen v. State Board of Social Welfare

55 A.D.2d 235 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1976

Bowen, charge in their complaint that the three defendant State agencies, namely, the Department of Mental Hygiene, the State Board of Social Welfare and the State Department of Health, have capriciously and arbitrarily released … They involved a municipality’s constitutional attack of a tax appropriating statute 4 (County of Albany v Hooker, supra; Board of Educ. v Allen, 20 NY2d 109 ; City of Buffalo v State Bd. of Equalization & Assessment, 26 AD2d

17th Glenville Corp. v. Board of Assessors

214 A.D.2d 792 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1995

Fundamentally, "[a] court may not rewrite into a contract conditions the parties did not insert” (Marine Assocs. v New Suffolk Dev. … Corp., 125 AD2d 649, 652 ) or, under the guise of construction, "remake a contract to implement an unexpressed intention” (22 NY Jur 2d, Contracts, § 190, at 26; see, Slatt v Slatt, 64 NY2d 966 ). *794 Cardona, P.

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

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).

Dermody, Burke & Brown, CPAs, LLC v. Department of Economic Development

140 A.D.3d 1275 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2016

LP v Mullen, 21 NY3d 233, 240-241 [2013]). … LP v Mullen, 21 NY3d 233 [2013]; Matter of Hague Corp. v Empire Zone Designation Bd., 96 AD3d 1144, 1147 [2012], affd sub nom. James Sq. Assoc. LP v Mullen, 21 NY3d 233 [2013]).

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 ).

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

Reed v. Village of Philmont Planning Board

34 A.D.3d 1034 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 2006

Bd., 228 AD2d 862, 864 [1996], lvs denied 88 NY2d 809 [1996]; Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 769 [1991]), it is readily apparent that, at the very least, both petitioner Leonard W. … that the Village Board indeed identified the relevant environmental concerns, took the requisite “hard look” at those issues and made a reasoned elaboration as to the basis for its determination (see Matter of Anderson v

Brown v. Salmon River Central School District No. 1

52 A.D.2d 968 · Appellate Division of the Supreme Court of the State of New York · May 6, 1976

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

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]).

Brown v. New York Medical College for Comprehensive Health Practice

162 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1990

The evidence adduced at trial revealed that plaintiff Betty Brown, an obese woman in her fifties, was a patient of Drs. … (Olsen v State of New York, 30 AD2d 759 , affd 25 NY2d 665 .)

Strunk v. New York State Board of Elections

126 A.D.3d 777 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 2015

Insofar as the complaint sought to recover money damages against the defendant New York State Board of Elections (hereinafter the Board) and the defendants James A. Walsh, Douglas A. Kellner, Evelyn J. … also Breytman v Schechter, 101 AD3d 783 [2012]; Matter of Simpson v Ptaszynska, 41 AD3d 607, 608 [2007]; Matter of Pignataro v Davis, 8 AD3d 487, 489 [2004]; Matter of Shreve v Shreve, 229 AD2d 1005, 1006 [1996]; Sassower

Jones v. Seneca County Board of Elections

83 A.D.2d 982 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1981

Heustis v. Town of Ticonderoga Planning Board

11 A.D.3d 868 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2004

to Peters and Crammond (see Ayotte v Gervasio, 81 NY2d 1062, 1063 [1993]; Matter of De Paolo v Town of Ithaca, 258 AD2d 68, 72 [1999], lv denied 94 NY2d 751 [1999]; Matter of Ahearn v Zoning Bd. of Appeals of Town of Shawangunk … member (see Pank v Village of Canajoharie, 275 AD2d 508, 509 [2000]; Scofield v Trustees of Union Coll. in Town of Schenectady, 267 AD2d 651, 652 [1999]).

Bennett v. Board of Review of Suffolk

158 A.D.2d 520 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1990

Hitchcock, 156 AD2d 690 ; Matter of Iannucci v Casey, 140 AD2d 343 ; Matter of Paniccia v Volker, supra). … Brown, J. P., Rubin, Hooper and Harwood, JJ., concur.