Case law

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]).

New York City Campaign Finance Board v. Ortiz

38 A.D.3d 75 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2006

As recognized by the Board, a person is aggrieved by a determination when he knows or should have known that it “has its impact” upon him (Matter of Edmead v McGuire, 67 NY2d 714, *78 716 [1986]; Matter of Eldaghar v New … Corp. v State of New York, 293 NY 634, 639 [1944]).

Board of Education v. Statewide Vending Corp.

84 A.D.2d 754 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1981

Although the language used by the school district in its bid award notice is *756 more in keeping with language employed in conditions precedent (see Boro Motors Corp. v Century Motor Sales Corp., 18 Misc 2d 1009 ), the conduct … (See Levi v Power Conversion, 47 AD2d 543 .) Mangano, J. P., Gibbons, Cohalan and O’Connor, JJ., concur.

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]).

Lawrence Investing Co. v. Board of Review

44 A.D.2d 677 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1974

Law to review assessments of certain real property, for the following assessment years: 1967 through 1972 as to the Village of Bronxville and 1970 through 1972 as to the Town of Eastohester, (1) the respondent municipal boards … Matter of Mauser v. Rizzardi, 42 A D 2d 929). Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ.,‘ concur.

Scarlett-Brown v. Pilgrim Baptist Church, Inc.

2022 NY Slip Op 04990 · Appellate Division of the Supreme Court of the State of New York · Aug 17, 2022

Scarlett-Brown v Pilgrim Baptist Church, Inc. ( 2022 NY Slip Op 04990 ) Scarlett-Brown v Pilgrim Baptist Church, Inc. 2022 NY Slip Op 04990 Decided on August 17, 2022 Appellate Division, Second Department Published by New … FORD, JJ. 2019-09418 (Index No. 500558/19) [*1]Paula Scarlett-Brown, appellant, v Pilgrim Baptist Church, Inc., et al., respondents. Frank Kojo Forson, Brooklyn, NY, for appellant.

James v. New York State Board of Parole

15 A.D.3d 774 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2005

To the extent that petitioner’s motion may be characterized as a motion to reargue, no appeal lies from the denial thereof (see Matter of Johnson v Coombe, 236 AD2d 669 [1997]).

Rokowsky v. State Board of Equalization & Assessment

172 A.D.2d 93 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1991

of Town of Mamaroneck, 20 NY2d 587, 596 ; Central Buffalo Project Corp. v City of Buffalo, 74 AD2d 336, 340 , affd 52 NY2d 986 ; 860 Executive Towers v Board of Assessors, 53 AD2d 463, 467, affd sub nom. … Board of Assessors, supra, at 215-217; cf, Boryszewski v Brydges, 37 NY2d 361, 364 ).

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

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

Turian House, Inc. v. Conciliation & Appeals Board

54 A.D.2d 945 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1976

The determination of the Conciliation and Appeals Board was neither arbitrary nor capricious. There was no abuse of discretion concerning the method or mode of discipline employed. … Upon these findings, this court will not interfere with the determination of the board. Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

Board of Education v. Newburgh Teachers' Ass'n

146 A.D.2d 769 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1989

Faculty Assn., 140 AD2d 526 ), it is also true that procedural rights can be bargained for or arbitrated (see, Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774 ; Matter of Board of Educ. v Yonkers Fedn … Such procedural disputes are proper subjects for arbitration (see, Matter of Board of Educ. v Yonkers Fedn. of Teachers, supra). Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

Community Planning Board No. 18 v. Introne

84 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 1981

establish within the board’s jurisdiction two community residences for the mentally retarded. … Introne, 81 AD2d 890 ; Town of Hempstead v Commissioner of State of N.

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

Suffern v. Zoning Board of Appeals

17 A.D.3d 373 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2005

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Greenville, dated September 15, 2003, which denied the petitioner’s application for an area variance, the … dairy farm, that he owned the land on both sides of the road, and that the placement of such a mobile home was permitted by the applicable portion of the zoning code, subject to the issuance of a permit by the Planning Board

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

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,

Related Properties, Inc. v. Town Board of Harrison

22 A.D.3d 587 · Appellate Division of the Supreme Court of the State of New York · Oct 11, 2005

Although the Planning Board recommended approval of the application, the Town Board denied it. … Grant Co. v Srogi, 52 NY2d 496 [1981]; Milbrandt & Co. v Griffin, 1 AD3d 327 [2003]).

People ex rel. Cisco v. School Board

44 A.D. 469 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

She applied to the Special Term for a peremptory writ of mandamus directing the school board of the borough of. … In Green v. City of Bridgeton (9 Cent. L. J. 206) and in Murphy v. Western & A. R. R. Co. (23 Fed.

Alexander v. New York State Board of Parole

175 A.D.2d 526 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1991

v Henderson, 79 AD2d 1086 , lv denied 53 NY2d 605 ). … Gray v New York State Bd. of Parole, 174 AD2d 874, 875 ). Casey, J. P., Mikoll, Crew III and Harvey, JJ., concur.