Case law

Prote Contracting Co. v. Board of Education

183 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · May 5, 1992

Pursuant to Education Law § 3813 (1), a claim against a Board of Education ("Board”) must be preceded by a notice of claim served upon the Board within three months of its accrual (Parochial Bus Sys. v Board of Educ., 60 … School Dist. v Transcom Equip. Corp., 128 Misc 2d 858, 861 , affd 120 AD2d 959 ).

Manupella v. Troy City Zoning Board of Appeals

272 A.D.2d 761 · Appellate Division of the Supreme Court of the State of New York · May 18, 2000

Board of Zoning & Appeals, 69 NY2d 406, 413-414 ; Matter of McGrath v Town Bd., 254 AD2d 614 , lv denied 93 NY2d 803 [500 feet held to be close proximity to proposed shopping center]; Matter of Parisella v Town of Fishkill … The owner of real property subject to a variance challenge generally is a necessary party because the owner will be inequitably and adversely impacted if the zoning board decision were annulled (see, Matter of O’Connell v

Taft v. Village of Newark Planning Board

74 A.D.3d 1840 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2010

Town of Erwin Planning Bd., 62 AD3d 1257 [2009]; Matter of Greenlawn CVS v Planning Bd. of Town of Huntington, 280 AD2d 601, 602 [2001], lv denied 96 NY2d 716 [2001]). … Town of Highlands, 163 AD2d 804, 807 [1990]; see Matter of DeMarco v Village of Elbridge, 251 AD2d 991, 992 [1998]).

Hanson v. New York State Board of Parole

57 A.D.3d 994 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2008

of Nankervis v Dennison, 30 AD3d at 522 ; Matter of Heitman v New York State Bd. of Parole, 214 AD2d 673 [1995]; Matter of McLain v New York State Div. of Parole, 204 AD2d 456, 456 [1994]; Matter of Ganci v Hammock, 99 AD2d … “[The Board] was not required to give equal weight to each factor, nor was it required *995 to discuss each of the factors in its determination” (Matter of Mata v Travis, 8 AD3d 570, 570 [2004]; see Matter of Johnson v Travis

Savago v. Ulster County Board of Elections

220 A.D.2d 926 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1995

of Elections (hereinafter the Board of Elections) on July 20, 1995 was void. … , 218 AD2d 919 ; Matter of Ferguson v Gheeseman, 138 AD2d 852 ; Matter of Garrow v Mitchell, 112 AD2d 1104 , Iv denied 65 NY2d 607 ) and, as such, is clearly untimely.

Brunswick Smart Growth, Inc. v. Town Board

51 A.D.3d 1119 · Appellate Division of the Supreme Court of the State of New York · May 1, 2008

Planning Board of Town of Brunswick and, in the event the Planning Board approved the subdivision plot, then the Town Board would “perform all procedures necessary for the placement of the Highland Creek planned development … Interest Research Group v Dinkins, 83 NY2d 377, 384 [1994]; Matter of Gallagher v Regan, 42 NY2d 230, 234 [1977]; see also Matter of Torre v County of Nassau, 86 NY2d 421, 426 [1995]).

Crescent Bus Corp. v. Board of Education

95 A.D.2d 776 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1983

— Proceeding pursuant to CPLR article 78 to review a determination of respondent Board of Education of the City of New York, dated October 22, 1979, which rescinded petitioner’s conditional contract for the transportation … Co. v Aiello, 52 NY2d 939). Bracken, J. P., Brown, Rubin and Boyers, JJ., concur.

Rollins v. New York City Board of Education

68 A.D.3d 540 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 2009

]; Cuffy v City of New York, 69 NY2d 255, 261 [1987]). … v New York City Tr.

Tozzo v. Board of Appeals on Zoning

179 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 1992

Council of Teachers v Board of Coop. Educ. Servs., 63 NY2d 100, 102 ; Briedis v Village of Tuxedo Park, 156 AD2d 744 ; Matter of Rauer v State Univ., 159 AD2d 835 ; cf., Matter of Ten Mile Riv. … Holding v Jorling, 150 AD2d 927 ).

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.

Layne v. New York State Board of Parole

256 A.D.2d 990 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1998

McGee v Walters, 62 NY2d 317, 321 ; Matter of Velez v New York State Div. of Parole, 246 AD2d 833 , lv denied 91 NY2d 813 ). … Brown, 84 NY2d 574 ).

Allie Jordan, LLC v. Planning Board

16 A.D.3d 1140 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2005

Props. v Rose, 205 AD2d 686, 687 [1994], lv denied 84 NY2d 808 [1994]). … fence, and the use of security personnel, we modify the judgment by providing that the special use permit is subject only to such appropriate conditions as respondent may find necessary (see Matter of Robert Lee Realty Co. v

Ryan v. Suffolk County Board of Elections

286 A.D.2d 461 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2001

Rodriguez v. New York State Board of Parole

72 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1979

Finding that the Parole Board had not given its reasons for the minimum term imposed in sufficient detail, Special Term directed that a further minimum period of imprisonment hearing be held to review the board’s prior determination … full accord with the statutory and procedural requirements (see Executive Law, § 259-i, subd 1, par [b]; 9 NYCRR 8001.3 [c]) and, accordingly, should not be disturbed (Executive Law, § 259-i, subd 5; Matter of Briguglio v

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.

Herlihy v. New York City Loft Board

26 A.D.3d 184 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2006

Rima 106 v Alvarez, 257 AD2d 201 [1999]), and should not be construed as doing so by implication. … [Roberts], 66 NY2d 516, 516-517 [1985]; Matter of 2084-2086 BPE Assoc. v State of N.Y. Div. of Hous. & Community Renewal, 15 AD3d 288 [2005], lv denied 5 NY3d 708 [2005]).

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 ).

Local No. 1, Amalgamated Lithographers of America v. Brown

26 A.D.2d 90 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1966

Such a provision does not authorize expulsion of a local (Schrank v. Brown, 192 Misc. 603). All of the members of Local 1 have an undivided interest in its assets (see Bradley v. O’Hare, supra, p. 28; 7 C. J. … Mechanics v. Emery, 219 Pa. 461 ).

Colton v. Town Board

72 A.D.3d 1638 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2010

In addition, Ward lacks standing to bring this proceeding in his capacity as a member of the Town Board (see Caruso v New York City Police Dept. Pension *1639 Funds, Arts. 1 & 2, 72 NY2d 568, 574-576 [1988]). … Rather, Ward is merely a member of the Town Board who voted in the minority with respect to the proposed development, and he thus has not suffered any injury sufficient to provide him with standing (see Matter of Posner v

Roumi v. State Board for Professional Medical Conduct

89 A.D.3d 1170 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 2011

Upon BPMC’s appeal, the Administrative Review Board for Professional Medical Conduct (hereinafter ARB) sustained the charges, but modified the penalty by revoking petitioner’s license. … Matter of Zharov v New York State Dept. of Health, 4 AD3d 580, 580 [2004]; Matter of Carloni v DeBuono, 245 AD2d 970, 972 [1997]).