Case law

860 Executive Towers, Inc. v. Board of Assessors

53 A.D.2d 463 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1976

Assoc. v Board of Assessors of County of Nassau, 45 Misc 2d 184 , affd 22 AD2d 1015 , affd 16 NY2d 779 ). … Furthermore, the Special Term correctly denied the County’s attempt to overcome its earlier order, affirmed by this court (Matter of 860 Executive Towers v Board of Assessors of County of Nassau, 79 Misc 2d 821 , affd 47

Amo v. Orange County Board of Elections

286 A.D.2d 454 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2001

of Persichetti v Bollatto, 109 AD2d 811 ). … ; Matter of Hicks v Egan, 166 AD2d 735 ).

Health Insurance Plan v. Board of Assessors

93 A.D.3d 795 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2012

Plan of Greater N.Y. v Board of Assessors of Town of Babylon, 44 AD3d 1044, 1046 [2007]). … Plan of Greater N.Y. v Board of Assessors of Town of Babylon, 44 AD3d at 1046 ).

McKee v. New York State Board of Parole

157 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1990

If made pursuant to statutory requirements, such actions are not reviewable (Executive Law § 259-i [5]; Matter of Davis v New York State Div. of Parole, 114 AD2d 412 ). … Herbert v New York State Bd. of Parole, 97 AD2d 128, 133 ).

Campbell v. Campbell

72 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2010

he developed stomach pains and had difficulty eating, and sought counseling amply established that defendant’s conduct endangered plaintiffs mental well-being and constituted cruel and inhuman treatment (see Xiaokang Xu v … Xiaoling Shirley He, 24 AD3d 862 [2005], lv denied 6 NY3d 710 [2006]; Stoothoff v Stoothoff, 226 AD2d 209 [1996]; Smith v Smith, 206 AD2d 255 [1994], lv dismissed 84 NY2d 977 [1994]).

Concepcion v. New York State Board of Parole

304 A.D.2d 878 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2003

Inasmuch as petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release was granted, the instant matter is now moot and must … be dismissed (see Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673 [2001]).

Brodie v. Board of Mgrs. of the Aldyn

2024 NY Slip Op 02138 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2024

Brodie v Board of Mgrs. of the Aldyn ( 2024 NY Slip Op 02138 ) Brodie v Board of Mgrs. of the Aldyn 2024 NY Slip Op 02138 Decided on April 23, 2024 Appellate Division, First Department Published by New York State Law Reporting … Index No. 652081/22 Appeal No. 1928-1929 Case No. 2023-02607, 2023-03231 [*1]Stefan Brodie et al., Plaintiffs-Appellants, v Board of Managers of the Aldyn et al., Defendants-Respondents, "John Does" #1 through #10, Defendants

Argento v. New York City Loft Board

169 A.D.2d 678 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1991

Based on a review of the entire record, we agree that the Loft Board’s determination was supported by substantial evidence. (See, e.g., Matter of Purdy v Kreisberg, 47 NY2d 354, 358 .) … Petitioner also challenges the Loft Board’s determination since it allegedly did not comply with an instruction sheet issued by the New York City Board of Standards and Appeals (BSA) on September 1, 1980.

Board of Education v. Christa Construction, Inc.

178 A.D.2d 989 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1991

No. 4 v Grear, 57 Mise 472, affd 127 App Div 922 ; 7 Opns St Comp, 1951, at 406; see generally, Granada Bldgs, v City of Kingston, 58 NY2d 705, 708 ; New York Tel. Co. v Town of N. … Port Washington Teachers Assn., 45 NY2d 411, 417 , citing Board of Educ. v Areman, 41 NY2d 527 ).

Canandaigua National Bank & Trust Co. v. Brown

137 A.D.3d 1627 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2016

Reserve v Board of Assessors of the Town of N. Hudson, 106 AD3d 1232 , 1234 [2013], quoting FMC Corp., 92 NY2d at 188 ). … No. 4928 v Assessor of Town of Colonie, 58 AD3d 963, 966 [2009]; see Matter of Rite Aid Corp. v Haywood, 130 AD3d 1510 , 1517 [2015], lv denied 26 NY3d 915 [2016]; Matter of Myron Hunt/Shaker Loudon Assoc. v Board of Assessment

Canandaigua National Bank & Trust Co. v. Brown

137 A.D.3d 1627 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2016

Reserve v Board of Assessors of the Town of N. Hudson, 106 AD3d 1232 , 1234 [2013], quoting FMC Corp., 92 NY2d at 188 ). … No. 4928 v Assessor of Town of Colonie, 58 AD3d 963, 966 [2009]; see Matter of Rite Aid Corp. v Haywood, 130 AD3d 1510 , 1517 [2015], lv denied 26 NY3d 915 [2016]; Matter of Myron Hunt/Shaker Loudon Assoc. v Board of Assessment

John Giles Ford v. Board of Supervisors

92 A.D. 119 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1904

The first is People v. Supervisors of Richmond Co. ( 20 N. Y. 252 ). There two persons had been appointed to fill vacancies in the office of commissioners of highways. Three had been elected and classified. … Banta v. Kneissel ( 58 How. Pr. 404 ).

Esposito v. Town of Fulton Planning Board

188 A.D.2d 779 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1992

Hampton Beach, 79 Misc 2d 438 , affd on opn below 48 AD2d 681 , affd on opn below 39 NY2d 1029 ; see also, Ronning v Thompson, 126 Misc 2d 761 ). … Petitioner’s attempts to distinguish his case from the circumstances found in Delaware Midland Corp. v Incorporated Vil. of W.

David v. New York City Board of Education

19 A.D.3d 639 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2005

Sec., 6 AD3d 602 [2004]; Reed v New York City Tr. … Auth., 299 AD2d 330 [2002]; Argiro v Norfolk Contr. Carrier, 275 AD2d 384 [2000]).

Whitney v. State Human Rights Appeal Board

105 A.D.2d 991 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1984

An appeal was taken to the State Human Rights Appeal Board by petitioner and that board affirmed the dismissal. This proceeding for review pursuant to section 298 of the Executive Law followed. … Under the provisions of subdivision 9 of section 297 of the Executive Law, he is precluded from pursuing his rights before the division upon the same grievance (Emil v Dewey, 49 NY2d 968 ; Matter of McGrath v State Human

Katz v. New York City Loft Board

163 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1990

Petitioner contends that the claims of the tenants were discharged although the bankruptcy order preceded the effective date of the Loft Law because the Loft Law may be applied retroactively (Ardrey v 12 W. 27th St. … units contain less than the mandated minimum square footage required by the applicable zoning resolution preclude coverage since that issue is deferred until the subsequent legalization proceeding (Nirco Investors Corp. v

Rosillo v. New York City Loft Board

260 A.D.2d 237 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1999

—Order and judgment (one paper), Supreme Court, New York County (Richard Lowe, III, J.), entered February 9, 1998, which, in a CPLR article 78 proceeding by petitioner tenant challenging respondent Loft Board’s determination … and leaving the Loft Board free to issue its own order fixing the rent (see, Matter of Foy v Schechter, 1 NY2d 604, 612 ; Abiele Contr. v New York City School Constr.

Blasich v. New York State Board of Parole

68 A.D.3d 1339 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 2009

While respondent is ordinarily required to obtain and consider sentencing minutes in determining whether to grant parole (see Matter of Smith v New York State Div. of Parole, 64 AD3d 1030, 1032 [2009]; Matter of Carter v … mandate a new hearing if, as here, those minutes are unavailable (see Matter of Freeman v Alexander, 65 AD3d 1429, 1430 [2009]; Matter of Cartagena v Alexander, 64 AD3d 841, 841-842 [2009]; Matter of Porter v Alexander,

Maioli v. Board of Cooperative Educational Services

39 A.D.3d 1193 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2007

Honeoye Storage Corp. v. Board of Assessors

77 A.D.2d 468 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1980

In 1979 the State Board of Equalization and Assessment (SBEA), at the request of the county director, appraised the subject property. … Therefore, it is not included in the category of real property (see Matter of Wood Enterprises v State Tax Comm., 67 AD2d 1042 ; Matter of Martin v Gwynn, 18 AD2d 851 ). *472 Bristol contends that the claim of unequal assessment