Case law

K-Mart Corp. v. Board of Assessors

176 A.D.2d 1034 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1991

Stores v Assessor of Town of Concord, 102 AD2d 9, 11 ). … Stores v Assessor of Town of Concord, supra, at 10-11).

Maxwell v. Board of Cooperative Educational Services

256 A.D.2d 345 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1998

The petitioner was employed by the Board of Cooperative Educational Services of Nassau County (hereinafter BOCES) since March 1974. … Co., 62 NY2d 494 ; Gramatan Home Investors Corp. v Lopez, 46 NY2d 481 ; Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65, 70 ; Matter of Heritage Hills Sewage Works Corp. v Town Bd., 245 AD2d 450 ).

Beattie v. New York State Board of Parole

47 A.D.2d 656 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1975

McNair v. West, 77 Mise 2d 150, affd. 46 A D 2d 741). In McNair we sustained Criminal Term’s vacatur of a parole warrant, with prejudice, because of the lengh of time involved. … However, the parole board should be aware of the fact that continued indifference to the rights of defendants to obtain prompt revocation hearings may, in the future, result in the vacatur, with prejudice, of warrants in

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.

Pratt v. Board of Cooperative Educational Services

251 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1998

Big V Supermarkets, 86 NY2d 744, 746 , quoting Moffatt v Moffatt, 86 AD2d 864 , affd 62 NY2d 875 ). … Although this charge was actually given in error (see, Krey v Board of Educ., 202 AD2d 397 ), the error was harmless in that defendant was not prejudiced given the jury’s verdict in its favor.

Miller v. Board of Regents of the University

279 A.D. 447 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1952

Their conviction was affirmed by the Court of Appeals for the District of Columbia (Barsky v. United States, 167 F. 2d 241 ), and certiorari was twice denied by the Supreme Court. ( 334 U. … Marks v. Brophy ( 293 N. Y. 469 ). Both of these cases involved mandatory punitive action, not discretionary; and neither involved the statute which we are considering here.

Vergilis v. Planning Board

251 A.D.2d 506 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1998

It is well settled that “the determination of the responsible officials in the affected community will be sustained if it has a rational basis and is supported by substantial evidence in the record” (Matter of Cowan v Kern … , 41 NY2d 591 , 598; see also, Matter of Olivieri v Planning Bd., 229 AD2d 584 ).

Borchard Affiliations, Inc. v. Conciliation & Appeals Board

93 A.D.2d 736 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1983

— Judgment, Supreme Court, New York County (Gabel, J.), entered March 10, 1982, which, inter alia, granted the petition and annulled an order of the Conciliation and Appeals Board determining the initial legal regulated rent … for a rent-stabilized apartment, unanimously reversed, on the law, without costs or disbursements, and the matter remanded to the board for further proceedings to consider updated comparability data.

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 ).

Gentner v. Albany County Board of Elections

309 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2003

the filing on or before the last date prescribed for filing, either by personal delivery to the board or posting [it] in the mail” (Matter of Seward v Reardon, 72 AD2d 645, 645 [1979] [emphasis added]; see Matter of Esiason … v Washington County Bd. of Elections, 220 AD2d 878, 879 [1995], lv denied 86 NY2d 709 [1995]).

Conklin v. Board of Supervisors of Rockland

284 A.D. 965 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1954

statute (Tax Law, § 56-a, subd. 1) for a refund of taxes paid by petitioners from 1932 to 1946, during which time they were in possession pursuant to tax deeds executed and delivered to them by the County of Rockland, the Board … (Matter of Adams v. Supervisors, 154 N. Y. 619, 625-627 ; Matter of MeGue v. Supervisors, 162 N. Y. 235 .)

Kelsky v. Town of Lewisboro Planning Board

215 A.D.2d 483 · Appellate Division of the Supreme Court of the State of New York · May 8, 1995

Koch, 75 NY2d 561, 571 ; see also, ECL 8-0111 [6]; 8-0105 [7]; 8-0109 [2]; 6 NYCRR 617.8; Matter of Sutton Area Community v Board, of Estimate, 78 NY2d 945, 947 ). … Accordingly, "the 'hard look’ standard of judicial review is satisfied and the determination must be confirmed” (Matter of Sutton Area Community v Board of Estimate, supra, at 947). Sullivan, J.

Common Council v. Town Board of Bethlehem

26 A.D.2d 230 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1966

People ex rel. Pond v. Board of Trustees

4 A.D. 399 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1896

Converse v. McArthur ( 17 Barb. 410 ); Matter of Hancock ( 27 Hun, 78 ); Chambers v. Clearwater ( 1 Keyes, 310 ); Sentenis v. Ladew ( 140 N. … (Reg. v. Smith, 5 Q. B. 614; Osgood v. Nelson, 5 House of Lords, 636; People ex rel. Munday v. Bd.

Brown v. Long Beach Lumber Co.

228 A.D. 790 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1930

Co. v. Hammerstein Opera Co., 184 App. Div. 440 ) Present — Young, Kapper, Hagarty, Scudder and Tompkins, JJ.

City of Newburgh v. Public Employment Relations Board

97 A.D.2d 258 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1983

implementing the Taylor Law, of which section 209 of the Civil Service Law is a part, respondent’s construction of the Taylor Law must be accepted if not unreasonable (see, e.g., Matter of Incorporated Vil. of Lynbrook v … Holtzman, 60 NY2d 46, 51 ; Matter of Morgenthau v Erlbaum, 59 NY2d 143, 147 ) and Special Term must be reversed.

Speichler v. Board of Cooperative Educational Services

227 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · May 28, 1996

Accordingly, the petitioner must have a clear legal right to the relief demanded (see, Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ., Servs., 77 NY2d 753, 757 ). … Board of Educ., 66 NY2d 896 ).

Ninos v. Board of Assessors of Cazenovia

124 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1986

Co. v Tax Commn., 53 NY2d 1050, 1052 ; Matter of Branch Motor Express Co. v Tax Commn., 80 AD2d 766 ). Order affirmed, with costs. Kane, J. P., Main, Casey, Yesawich, Jr., and Harvey, JJ., concur.

Shumsky v. New York City Loft Board

192 A.D.2d 350 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1993

Chemung County Elmira Sewer Dist., 149 AD2d 849, 850, n 1 , citing Matter of Marmo v Department of Envtl. … Citizens Campaign v County of Nassau, 165 AD2d 52 ). The order dismissing the petition as untimely should therefore be reversed. Concur — Ellerin, J. P., Kupferman, Ross and Kassal, JJ.

DiLeonardo v. Nassau County Police Officer Indemnification Board

148 A.D.3d 701 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 2017

Matter of Williams v City of New York, 64 NY2d 800, 802 [1985]; Harris v City of New York, 30 AD3d 461, 464 [2006]). … Schenectady Police Benevolent Assn. v City of Schenectady, 299 AD2d 717, 719 [2002]; Sanchez v New York City Tr.