Case law

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

Morrin v. Structural Steel Board of Trade, Inc.

231 A.D. 673 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 1931

As a basis for this contention the plaintiff recites a resolution passed by defendant board, by a divided vote, reading as follows: “ That the Chairman of the Board be fully empowered *674 to negotiate an agreement with the … International Union along lines as reported by him and when he has arrived at a satisfactory agreement he shall present the same to the Board for execution.”

Claim of O'Donnell v. Board of Education

15 A.D.2d 600 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1961

BROWN, UNIQUE v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Oct 7, 2016

Although charter schools are deemed to be public schools under the auspices of the Board of Regents (see §§ 2850 [2] [e]; 2853 [1] [c]), they are governed by an independent, self-selecting board of trustees and are exempt … Underachieving schools may be closed without violating the Education Article (see generally Pinnacle Charter Sch. v Board of Regents of the Univ. of the State of N.Y., 108 AD3d 1024, 1027, appeal dismissed 21 NY3d 1029, lv

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.

Keukelaar v. Monroe County Board of Elections

307 A.D.2d 1073 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2003

It is well established that, “absent inconsistent statutory directives, the duly adopted rules of a political party should be given effect” (Matter of Kahler v McNab, 48 NY2d 625, 626 [1979]; see also Bloom v Notaro, 67 NY2d

Long Island University v. Board of Appeals

122 A.D.2d 53 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1986

Synagogue v Bates, 1 NY2d 445 ; Bernstein v Board of Appeals, 60 Misc 2d 470 , appeal dismissed 31 AD2d 650 , lv denied 23 NY2d 646 ). … Furthermore, conditions imposed by a Board of Zoning Appeals must be authorized by the zoning ordinance (Matter of Community Synagogue v Bates, supra; Matter of Schlosser v Michaelis, 18 AD2d 940 ; Bernstein v Board of Appeals

M. D. Lundin Co. v. Board of Education

68 A.D.2d 881 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1979

The applicable rule has been stated thusly (Peckham Road Co. v State of New. … Matter of Glazer v Hankin, 50 AD2d 924 .) Damiani, J. P., Gulotta, Hargett and Hangano, JJ., concur.

Rosen v. New York City Teachers' Retirement Board

282 A.D. 216 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1953

V, § 7) and that such benefit could be waived only by a written waiver and could not be spelled out by a course of conduct. In the Matter of Carroll v. Grumet ( 281 App. … McLaughlin v. Board of Police Commissioners, 174 N. Y. 450, 456 ; Matter of Manning v. Joseph, 304 N. Y. 278 ).

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

Chessin v. New York City Conciliation & Appeals Board

100 A.D.2d 297 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1984

Comm., 11 AD2d 395, 402 ; see Matter of Johnson v Joy, 65 AD2d 701 , affd 48 NY2d 689 ). … New York City Conciliation & Appeals Bd., supra; Matter of Pell v Board of Educ., 34 NY2d 222 , 233), so, too, the court should not direct the imposition of a more drastic sanction than that imposed by the agency.

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 ).

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.

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.

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.

Schoenfeld v. Board of Cooperative Educational Services

98 A.D.2d 723 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1983

Board ofEduc., 90 AD2d 419 ). … The general rule is that actual full-time service rendered is the first criterion for determining seniority (see Matter of Drey fuss v Board ofEduc., 76 Mise 2d 479, affd 45 AD2d 988 ; Matter ofFallick, 18 Ed Dept Rep 586

Makhnevich v. Board of Mgrs. of 2900 Ocean Condominium

2023 NY Slip Op 03548 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2023

Makhnevich v Board of Mgrs. of 2900 Ocean Condominium ( 2023 NY Slip Op 03548 ) Makhnevich v Board of Mgrs. of 2900 Ocean Condominium 2023 NY Slip Op 03548 Decided on June 29, 2023 Appellate Division, First Department Published … Index No. 654508/19 Appeal No. 573-574-575-576 Case No. 2022-03169, 2021-02859, 2022-02070 [*1]Stacy Makhnevich, Plaintiff-Appellant, v The Board of Managers of 2900 Ocean Condominium et al., Defendants-Respondents.

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.

T. A. Clarke Co. v. Board of Education

156 A.D. 842 · Appellate Division of the Supreme Court of the State of New York · May 29, 1913

It was a conditional acceptance which the board had no right to make under the doctrine of Williams v. City of New York ( 118 App. Div. 756 ; affd., 192 N. … (H ogan v. Board of Education, 200 N. Y. 370 .)

Gottlieb v. Board of Appeals of Rye

139 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1988

Fuhst v Foley, supra; Matter of Pacheco v De Salvo, supra). … In so doing, we find that the Board exceeded the authority granted to it by Rye City *619 Code § 197-81 (see, Matter of De Sena v Board of Zoning Appeals, 45 NY2d 105, 109 ).