Case law

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 ).

City of Albany v. Public Employment Relations Board

57 A.D.2d 374 · Appellate Division of the Supreme Court of the State of New York · May 26, 1977

Helsby, 54 *376 AD2d 391 , app dsmd March 23, 1977; see, also, Matter of City of Albany v Helsby, 29 NY2d 433). … Under these circumstances, PERB’s ruling has a sound basis in reason and foundation in fact and, consequently, is supported by substantial evidence, and it must be confirmed (Matter of Pell v Board of Educ. of Union Free

Manshul Construction Corp. v. Board of Education

160 A.D.2d 643 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1990

(New York City Charter § 93 [d]; Matter of Goldin v Greenberg, 49 NY2d 566, 568 [1980]; Manshul Constr. Corp. v Board of Educ., 154 AD2d 38 .) … Corp. v City of New York, 67 NY2d 297, 313-314 [1986]).

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 ).

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.

New York State Crime Victims Board v. Sookoo

77 A.D.3d 1227 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2010

However, such contentions were not advanced before Supreme Court and, therefore, are not properly before us (see City of Albany v Central Locating Serv., 228 AD2d 920, 922 [1996]; General Motors Acceptance Corp. v Bank of … Harris, 68 AD3d at 1271-1272 ; Matter of New York State Crime Victims Bd. v Mitchell, 12 AD3d 870 [2004], lv denied 4 NY3d 707 [2005]).

Cohen & Breslin Realty v. Board of Assessors

200 A.D.2d 744 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1994

Srogi, 54 NY2d 896, 898 ; Matter of Manno v Finance Adm’r of City of N. … Y., 92 AD2d 896 ; Matter of Trinity Place Co. v Finance Adm’r of City of N. Y., 72 AD2d 274 , affd 51 NY2d 890 ). Mangano, P. J., Balletta, Santucci and Hart, JJ., concur.

Board of Education of Manhasset Union Free School District v. New York State Human Rights Appeal Board

106 A.D.2d 364 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1984

Assoc. v State Div. of Human Rights, 45 NY2d 176 ; Matter of Imperial Diner v State Human Rights Appeal Bd., 52 NY2d 72 ). … Barbieri, 53 NY2d 285 ; Ryan v New York Tel.

Romeo v. Town Board

250 A.D.2d 770 · Appellate Division of the Supreme Court of the State of New York · May 18, 1998

—In a proceeding pursuant to CPLR article 78 to vacate a resolution of the respondent Town Board of the Town of Smithtown dated December 10, 1996, granting approval to a nonparty Story Book Homes to rezone its property, the … court properly dismissed this proceeding inasmuch as the rezoning of property is a legislative act and a proceeding pursuant to CPLR article 78 is an inappropriate vehicle for the relief requested (see, Matter of Belviso v

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]).

James H. Maloy, Inc. v. Town Board

84 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1981

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 .)

Moriarty v. Planning Board of Village of Sloatsburg

119 A.D.2d 188 · Appellate Division of the Supreme Court of the State of New York · Sep 2, 1986

A Town Board may not review a Planning Board’s denial of site plan approval (Matter of Boxer v Town Bd., 60 AD2d 913 ), nor may a village Board of Trustees consider an appeal from the granting of a building permit by a building … (Matter of Levy v Board of Stds. & Appeals, 267 NY 347 ; Matter of Giuntini v Aronow, 92 AD2d 548 ), or to approve a subdivision plat, since that is a matter within the province of the Planning Board (Van Deusen v Jackson

F & G Heating Co. v. Board of Education

103 A.D.2d 791 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1984

Installation Corp. v Board of Educ., supra; Public Improvements v Board of Educ., 81 AD2d 537 , affd 56 NY2d 850 ). … Installation Corp. v Board of Educ., supra; Public Improvements v Board of Educ., supra). 11 The two remaining items, i.e., (a) and (d), represent, respectively, claims for 15% interest on late partial payments and legal

Matala v. Board of Regents of the University

183 A.D.2d 953 · Appellate Division of the Supreme Court of the State of New York · May 7, 1992

of Warder v Board of Regents, 53 NY2d 186, 197 , cert denied 454 US 1125 ). … of Stein v Board of Regents, 169 AD2d 857, 859 , supra).

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

People ex rel. Howard v. Board of Supervisors

42 A.D. 510 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1899

Bradley v. Shaw, 133 N. Y. 493 .) … Sears v. Tobey, 153 N. Y. 331 .)

Miller v. Town Board

248 A.D.2d 601 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1998

binding against all third parties and the public and was immune from collateral attack (see, e.g., Matter of County of Ontario v Western Finger Lakes Solid Waste Mgt. … Auth., 167 AD2d 848 ; Morris v Cahill, 96 AD2d 88 ; see also, Matter of Morgenthau v Cooke, 56 NY2d 24 ). The parties5 remaining contentions are without merit. Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.

Soto v. New York State Board of Parole

107 A.D.2d 693 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1985

South v Hammock, supra; Matter of Piersma v Henderson, 44 NY2d 982 ; Matter of Smith v Chairman of New York State Bd. of Parole, 44 NY2d 982 ). … In Matter of Menechino (supra), petitioner alleged in an article 78 proceeding that the State Board of Parole’s discretionary determination revoking his parole was improper due to the Board’s failure to comply with the mandates

Briar Hill Apartments, Inc. v. Conciliation & Appeals Board

44 A.D.2d 816 · Appellate Division of the Supreme Court of the State of New York · May 21, 1974

Judgment, Supreme Court, Bronx County, entered July 9, 1973, unanimously reversed, on. the law, and determination of Conciliation and Appeals Board in all respects confirmed, and.the petition dismissed, without costs and