Case law

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

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 ).

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

Morehouse v. Town of Horicon Planning Board

85 A.D.2d 769 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1981

In essence, therefore, petitioner is seeking not a variance, but a special permit to operate a restaurant-tavern (Matter of North Shore Steak House v Board of Appeals of Inc. … Therefore, the challenged determination should not be disturbed (Matter ofLemir Realty Corp. v Larkin, 11 NY2d 20, 25 ; Burger King Corp. v Amelkin, 70 AD2d 627 ). Judgment affirmed, without costs. Main, J.

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 .)

McLaurin v. New York State Board of Parole

27 A.D.3d 565 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 2006

Contrary to the contention of the New York State Board of Parole (hereinafter the Board) the Supreme Court did not err in granting the petition and directing that it hold a de novo hear *566 ing. … Thus, the Board was required to obtain and consider those minutes prior to making its determination (see Executive Law § 259-i; Matter of Edwards v Travis, 304 AD2d 576 [2003]; Matter of Boudin v Travis, 6 Misc 3d 1005[A]

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.

Mitchell v. Town Board of New Windsor

97 A.D.2d 500 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1983

As a provisional appointee, petitioner had no property right in his position (Matter of Braithwaite v Manhattan Children’s Psychiatric Center, 70 AD2d 810, 811; Sirohi v Merges, 58 AD2d 645, 646). … We do not find any indication that petitioner’s “ ‘good name, reputation, honor, or integrity’ ” is at stake (see Board of Regents v Roth, 408 US 564, 573 ). Mangano, J. P., Gibbons, O’Connor and Weinstein, JJ., concur.

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]).

Skartados v. Orange County Board of Elections

81 A.D.3d 757 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 2011

Nassau County Bd. of Elections, 6 AD3d 18, 20-21 [2004], quoting Matter of Corrigan v Board of Elections of Suffolk County, 38 AD2d 825, 827 [1972]; see Matter of Delgado v Sunderland, 97 NY2d 420, 423 [2002]). … of canvassers” (Matter of Corrigan v Board of Elections of Suffolk County, 38 AD2d at 827 [citations omitted]; see Matter of Delgado v Sunderland, 97 NY2d at 423 ).

Ambrose v. Community School Board No. 30

74 A.D.2d 870 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1980

37 NY2d 891 ; Matter of Bergstein v Board of Educ., 34 NY2d 318, 322 ). … It is only by virtue of a collective bargaining agreement that such an employee has a right to any hearing at all (Matter of Brown v Board of Educ., 42 AD2d 702 ), and a probationary employee’s rights at such a hearing extend

Doner v. Nassau County Police Department

24 A.D.3d 978 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 2005

Protection, 18 AD3d 1036, 1037 [2005]; Matter of Giancola v Eagle Elec. Mfg. Co., Inc., supra at 825; Matter of Brown v American Ballet Theatre, supra at 798). … Co., Inc., supra at 825; Matter of Brown v American Ballet Theatre, supra at 798). Cardona, P.J., Mercure, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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

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]).

Wollins v. New York City Board of Education

8 A.D.3d 30 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2004

Accordingly, the municipal defendant did not have timely actual notice of the facts constituting the claim by virtue of such a report (see Olivera v City of New York, 270 AD2d 5, 6 [2000]). … City of New York, 1 AD3d 254, 256 [2003]; Hochberg v City of New York, 99 AD2d 1028, 1029 [1984], affd 63 NY2d 665 [1984]).

7-Eleven, Inc. v. Planning Board

21 A.D.3d 383 · Appellate Division of the Supreme Court of the State of New York · Aug 1, 2005

reduction in the parking space requirement, since it was not supported by substantial evidence (see Matter of Holbrook v Assoc. … Co. v McGowan, 261 AD2d 620 [1999]; Matter of Chernick v McGowan, 238 AD2d 586, 587 [1997]. Schmidt, J.P., Mastro, Rivera and Skelos, JJ., concur.

Board of Trustees v. Town of Clarkstown

292 A.D.2d 450 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 2002

The municipality seeking the annexation carries the burden of proving that annexation is in the overall public interest (see, Matter of Board of Trustees, Vil. of Spring Val. v Town of Ramapo, 264 AD2d 519 ). … Development of the property under Village zoning would maximize the aggregate tax revenue for the Town and the Village (see, Matter of Board of Trustees of Vil. of Warwick v Town Bd. of Town of Warwick, 244 AD2d 332, 333

Thompson v. New York City Board of Education

10 A.D.3d 650 · Appellate Division of the Supreme Court of the State of New York · Sep 13, 2004

untimely motion for summary judgment in view of the defendant’s failure to offer a satisfactory explanation for not serving the motion within 120 days of the filing of the note of issue as required by CPLR 3212 (a) (see Brill v