Case law

O'Brien v. New York State Teachers Retirement Board

215 A.D. 220 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1926

Nevertheless, the Retirement Board delayed action, and upon March 4, 1925, Margaret O’Brien came to her death. The Board has ever since declined to issue an order of retirement. … days thereafter as the retirement board may find advisable.”

Gordon v. New York State Board of Parole

81 A.D.3d 1032 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2011

of Rodney v Dennison, 24 AD3d 1152, 1153 [2005]). … Inasmuch as respondent’s decision does not exhibit “ ‘irrationality bordering on impropriety’ ” (see Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69,

Price v. New York City Board of Education

51 A.D.3d 277 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2008

Assn. v Board of Educ. of City School Dist. of City of N.Y., 39 NY2d 111, 121 [1976]). … Servs., 77 NY2d 753 [1991] [review of civil servant’s dismissal from position]; Matter of Aronsky v Board of Educ., Community School Dist.

Abrams v. New York State Board of Parole

88 A.D.2d 951 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1982

Petitioner failed to make a “convincing showing” either that respondent did not consider the recommendation of the sentencing Judge (see Matter ofQafa v Hammock, 80 AD2d 952, 953 ), or that it considered erroneous information … Discretionary decisions of the Board of Parole are not judicially reviewable (see Executive Law, § 259-i, subd 5; Matter of Briguglio v New York State Bd. of Parole, 24 NY2d 21 ). Weinstein, J.

Tarantino v. Westchester County Board of Elections

8 A.D.3d 672 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2004

authority to grant the petitioners’ request for a manual recanvassing and recounting of contested punch-card ballots, as such a remedy is beyond those specifically provided for in the Election Law (see Matter of Delgado v … Sunderland, 97 NY2d 420 [2002]; Matter of Mondello v Nassau County Bd. of Elections, 6 AD3d 18 [2004]).

Yacht Club Condominium v. Board of Appeals

32 A.D.3d 964 · Appellate Division of the Supreme Court of the State of New York · Sep 19, 2006

arbitrary and capricious, or an abuse of discretion (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 771 [2005], appeal dismissed 6 NY3d 890 [2006]). … The petitioner satisfied the criteria set forth in the applicable zoning law (see Matter of Juda Constr., Ltd. v Spencer, 21 AD3d 898 [2005]). The appellant’s remaining contentions are without merit.

Howard v. New York State Board of Parole

5 A.D.3d 271 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2004

Nevertheless, since respondent failed to follow the procedure set forth in CPLR 511 (a) and (b), it is not entitled to a change of venue as of right, as it sought (Banks v New York State & Local Employees’ Retirement Sys. … Phillips v Tietjen, 108 App Div 9, 10 [1905]). Concur—Andrias, J.P., Saxe, Sullivan and Gonzalez, JJ.

Roesch v. Board of Education for the Wayne-Finger Lakes Board of Cooperative Educational Services

259 A.D.2d 900 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1999

Petitioner contends that she was employed by respondent Board of Education for the Wayne-Finger Lakes Board of Cooperative Educational Services (hereinafter BOCES) as a school psychologist from October 1971 through June 1974 … School Sys., 90 NY2d 662, 677 ; Matter of Gizzi v New York State Off. of Gen. Servs., 257 AD2d 815, 817 ; Matter of Clark v Board of Educ., 236 AD2d 709, 711 , revd on other grounds 90 NY2d 662, 680 ).

Dorsey v. Board of Regents of the University

87 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1982

Rather, due process requires that notice of the charges be given and that the person accused be afforded the opportunity to respond (Silverstein v Minkin, 49 NY2d 260, 263 ; see, also, Boddie v Connecticut, 401 US 371, 378 … The hearing panel was thus authorized to proceed in his absence (Matter of Grottan v Kennedy, 5 NY2d 381 ; see, also, Sullivan v Department of Social Servs. of City of N. Y., 36 NY2d 766 , *729 cert den 423 US 839 ).

People ex rel. Board of Commissioners v. Board of Supervisors

74 N.Y.S. 1142 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1902

Augle v. New York State Board of Parole

192 A.D.2d 1031 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1993

Grimmick v McGreevy, 141 AD2d 989, 990 , lv denied 73 NY2d 702 ). … Coleman v Smith, 75 AD2d 706 , lv denied 50 NY2d 804 ). We also find petitioner’s reliance on People ex rel. Johnson v New York State Bd. of Parole ( 180 AD2d 914 ) to be misplaced.

Brown v. Dutchess County Mutual Insurance

86 N.Y.S. 1130 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1904

Igneri v. New York City Board of Education

303 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 2003

Board of Educ. of City of Yonkers, 300 AD2d 310 [2002]; Matter of Ryder v Garden City School Dist., 277 AD2d 388 [2000]; Saafir v Metro-North Commuter R.R., Co., 260 AD2d 462, 463 [1999]; Matter of Morrison v New York City … Corp., 244 AD2d 487 [1997]; see also Matter of Micali v Union Free Val. Stream School Dist. # 24, 300 AD2d 661 [2002]). Altman, J.P., Florio, Friedmann and H. Miller, JJ., concur.

Fike v. Zoning Board of Appeals of Webster

2 A.D.3d 1343 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2003

Matter of Concerned Citizens of Perinton v Town of Perinton, 261 AD2d 880 [1999], appeal dismissed 93 NY2d 1040 [1999], cert denied sub nom. Nisco v Town of Perinton, 529 US 1111 [2000]).

Moore v. New York State Board of Parole

233 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1996

As conceded by petitioner, it was permissible for respondent to take these factors into account in determining whether he should be granted parole release (see, e.g., Matter of Sinopoli v New York State Bd. of Parole, 189 … Noting that respondent is free to give whatever weight believed to be appropriate upon the factors it must consider (see, Matter of McKee v New York State Bd. of Parole, 157 AD2d 944, 945 ), our review of the record satisfies

Silberfarb v. Board of Cooperative Educational Services

92 A.D.2d 921 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1983

all the evidence on both sides” (Matter of Cortland-Clinton, Inc. v New York State Dept, of Health, 59 AD2d 228, 232 ). … Respondent could consider the same in determining the punishment to be imposed on the subject charges only if the latter were themselves supported by substantial evidence (see Matter of Pell v Board of Educ., 34 NY2d 222

Mipor Associates v. Board of Assessors

6 A.D.3d 618 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2004

Apts, v Town of Poughkeepsie, 59 Misc 2d 846 [1969]). … 287 AD2d 126, 133 [2001]; Walk & Smile v 2491 Atl.

Sommer v. New York City Conciliation & Appeals Board

93 A.D.2d 481 · Appellate Division of the Supreme Court of the State of New York · May 12, 1983

Altman, 39 AD2d 200 ; Henrock Realty Corp. v Tuck, 52 AD2d 871 ). … is delivered to the tenant (Matter of Briar Hill Apts. v Conciliation & Appeals Bd., 44 AD2d 816 ).

Curley v. Binghamton-Johnson City Joint Sewage Board

63 A.D.3d 1387 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2009

Taking issue only with the language in the decision regarding claimant’s leave credits, the employer applied for Board review. A Board panel affirmed the WCLJ’s decision. … The employer then sought review by the full Board, which was denied, prompting these appeals. We agree with the Board that the employer is not an aggrieved party.

Claim of Brown v. New York City Housing Authority

12 A.D.2d 590 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1960