Case law

Monroe Beach, Inc. v. Zoning Board of Appeals

71 A.D.3d 1150 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 2010

Thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious (see Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter … Board of Appeals of Vil. of E.

Bonded Concrete, Inc. v. Zoning Board of Appeals

268 A.D.2d 771 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2000

Board of Zoning & Appeals, 69 NY2d 406, 413 ; Matter of Massiello v Town Bd., 257 AD2d 962, 963 ). … Co., 76 NY2d 659, 664 ; cf., Brooks v Green’s Appliances, 259 AD2d 893 ; Matter of Vogel v Board of Educ., 259 AD2d 831 ).

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 .)

Bratton v. New York State Board of Parole

23 A.D.3d 879 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 2005

Here, the record does contain such evidence (see Matter of Poladian v Travis, 8 AD3d 770, 770 [2004]; Matter of Bellamy v New York State Div. of Parole, 274 AD2d 871, 872 [2000]). … State Bd. of Parole, supra at 992; see also People v Mothon, 284 AD2d 568, 570 [2001], lv denied 96 NY2d 865 [2001]; People v Waite, 243 AD2d 820, 823 [1997], lv denied 91 NY2d 882 [1997]).

General Motors Acceptance Corp. v. Albany Water Board

187 A.D.2d 894 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1992

Co. v Van Raalte Co., 251 App Div 151, 152 ). … Co. v Van Raalte Co., supra, at 152; see, Capital Factors v Caldor, Inc., 182 AD2d 532 ).

Board of Education v. Levittown United Teachers

213 A.D.2d 481 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1995

Accordingly, the application of the petitioner Board of Education for a stay of arbitration was properly granted. Sullivan, J. P., Miller, Copertino and Joy, JJ., concur.

Chmi v. Suffolk County Board of Elections

220 A.D.2d 587 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1995

Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, the petition is denied, and the Suffolk County Board of Elections is directed to place the name of Philip J. … McNab, 60 NY2d 601, 603 ; Matter of MacDougall v Board of Elections, 133 AD2d 198 ).

People ex rel. Board of Foreign Missions of the Methodist Episcopal Church v. Board of Assessors

207 A.D. 151 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1923

the board of assessors upheld. … Society v. Lawler, 74 App. Div. 553, 557 ; affd., 179 N. Y. 535 ; People ex rel. Young Men’s Assn. v. Sayles, 32 App. Div. 197 ; affd., 157 N. Y. 677 ; People ex rel. Adelphi College v. Wells, 97 App.

Perri v. Zoning Board of Appeals of Inc.

283 A.D. 818 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1954

Matter of Douglaston Civic Assn. v. Board of Standards & Appeals of City of N. Y., 278 App. Div. 659 , affd. 302 IST. Y. 920; Matter of Sima v. Board of Standards & Appeals of City of N. Y278 App. … (Matter of Kelly v. Mwrdoch, 275 App. Div. 786 ; 359 W. 34th St., Inc., v. Board of Standards é Appeals of City of N. Y., supra; Matter of Leone v. Yates, 280 App.

Potter v. Town Board

60 A.D.3d 1335 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2009

Same memorandum as in Matter of Potter v Town Bd. of Town of Aurora ( 60 AD3d 1333 [2009]). Present — Smith, J.P., Centra, Fahey, Green and Pine, JJ.

Morida Associates v. Zoning Board of Appeals

289 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2001

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Mount Pleasant, dated May 11, 2000, which ruled that the subject property was located within an … interpretation of the Zoning Code of the Town of Mount Pleasant (see, Matter of Frishman v Schmidt, 61 NY2d 823, 825 ; Matter of KMO-361 Realty Assocs. v Davies, 204 AD2d 547 ; Taylor v Foley, 122 AD2d 205 ).

Ittig v. New York State Board of Parole

59 A.D.2d 972 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1977

In this proceeding, petitioner seeks to annul the board’s determination and obtain a new hearing before an impartial panel that will provide him with a meaningful statement of reasons in the event parole is again denied. … The reason for the denial of parole that has been given to petitioner is sufficient (Matter of Gonzague v New York State Bd. of Parole, 58 AD2d 707 ).

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 ).

Wilder v. Suffolk County Board of Elections

11 A.D.3d 570 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 2004

Therefore, her nominating petition was properly invalidated by the Suffolk County Board of Elections. *571 The appellant’s remaining contentions are academic in light of our determination.

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

31 A.D.2d 127 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1968

Rosa v. Board of Examiners of New York

143 A.D.2d 351 · Appellate Division of the Supreme Court of the State of New York · Sep 12, 1988

Co. v Barnhardt, 270 NY 350 ; New York New Jersey Producers Dealers Coop. v Mocker, 59 AD2d 970 ; 57 NY Jur 2d, Evidence and Witnesses, § 158). … Rosa *353 the obligation to assure receipt of her application by the Board of Examiners, that the respondents may rebut the presumption of regularity by proof of nondelivery (cf., Krieger v City of New York, 118 Misc 2d 537

Marinoff v. State Human Rights Appeal Board

64 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 1978

Proceeding pursuant to section 298 of the Executive Law to review an order of the New York State Human Rights Appeal Board, dated July 18, 1977, which affirmed an order of the State Division of Human Rights, which dismissed

Torok Trust v. Town Board

128 A.D.3d 97 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2015

I, Ltd. v Town of Malta Bd. of Assessment Review, 3 NY3d 563, 568 [2004]). … AD3d 1438, 1438-1439 [2013]; Peak Dev., LLC v Construction Exch., 100 AD3d 1394, 1396 [2012]; see generally Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]).

Singleton v. New York State Board of Parole

78 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1980

Appeal from so much of the judgment as denies petitioner’s application for an order to show cause unanimously dismissed (see CPLR 5701, subd [a], par 2; Matter of Negron v Herold, 34 AD2d 1053 ; Matter of Bates v La Vallee

Alfred D. Geronimo, Inc. v. Board of Education

69 A.D.2d 805 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1979

(See Williams Lbr. v Sigloch, 277 App Div 1043 ; Morris v Morris, 33 AD2d 786 .)