Case law

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]).

Conti v. City of Niagara Falls Water Board

82 A.D.3d 1633 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2011

Co. v County of Nassau, 66 AD3d 823, 824 [2009]). … Defendant’s failure to meet its initial burden requires denial of the motion, “regardless of the sufficiency of [plaintiffs’] opposing papers” (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; see Ayotte v Gervasio, 81

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 .)

People ex rel. Osborne v. Board of Supervisors

168 A.D. 765 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1915

But the relator demands that the board of supervisors pay a compensation not fixed by the Attorney-General, as the statute requires, but fixed by the supervisors in accordance with evidence submitted to it, whereupon its … The determination of the board of supervisors of Westchester county should be confirmed and the writ dismissed, with fifty dollars costs and disbursements. Jenks, P. J., Stapleton and Rich, JJ., concurred.

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

Howard v. New York State Board of Parole

270 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 2000

In view of the foregoing, it cannot be said that respondent’s determination was either irrational or arbitrary and capricious (see, Matter of Phillips v Travis, 262 AD2d 889 ; Matter of Waters v New York State Div. of Parole … length of his sentences and its conclusion that petitioner could not live and remain at liberty without violating the law and that his release would be incompatible with *540 the welfare of society (see, Matter of Dorato v

Williams v. New York State Board of Parole

277 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2000

Tyler v Travis, 269 AD2d 636 ; People ex rel. Johnson v Russi, 258 AD2d 346, 347 , appeal dismissed, lv denied 93 NY2d 945 ). … v Vail-Ballou Press, 188 AD2d 972, 973-974 ; cf., Marpe v Dolmetsch, 246 AD2d 723, 723-724 ).

Utsey v. New York State Board of Parole

89 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · Sep 7, 1982

Accordingly, People v Hobson ( 39 NY2d 479 ) and People v Rogers ( 48 NY2d 167 ) are not directly applicable to the facts at bar. … People v Parker, supra).

Bennett v. Board of Elections of Dutchess

264 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 1999

Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the application is granted in its entirety, and the Board of Elections of the County of Dutchess is directed to remove … Gumbs, 207 AD2d 512 ; see also, Matter of Haas v Costigan, 14 AD2d 809 ).

Aversano v. Two Family Use Board of Babylon

117 A.D.2d 665 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 1986

However, in the interest of judicial economy, this court will decide the case on the merits (see, Matter of De Blois v Wallace, 88 AD2d 1073 ; Matter of Petrocci v Zoning Bd. of Appeals, 42 AD2d 676 ). … *667 Murdock, 286 NY 494 ; Matter of Rosano v Town Bd., 43 AD2d 728, 729 ).

Brignoni v. New York State Labor Relations Board

65 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1978

We do not pass on the question of plaintiff’s standing or the judicial reviewability of the board’s action. … (See CPLR 5701, subd [b], par 1; subd [c]; see, also, Matter of Mid-Island Hosp. v Wyman, 15 NY2d 374 .) Concur—Birns, J. P., Silverman, Evans, Fein and Lane, JJ.

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]).

Board of Supervisors v. Lawrence Brook Corp.

245 A.D. 892 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1935

Schulz v. Town Board

209 A.D.2d 1047 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1994

accordance with the following Memorandum: In this combined declaratory judgment action and CPLR article 78 proceeding, Supreme Court erred in dismissing that portion of the complaint seeking declaratory relief (see, Tumminello v

Long Island Industrials Group v. Board of Assessors

72 A.D.3d 1090 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2010

Ofman, 49 AD3d 485 [2008]; Levi v Levi, 46 AD3d 519 [2007]). … Taylor Bldrs. v City of Saratoga Springs Bd. of Assessment Review, 263 AD2d 829 [1999]).

Di Lucia v. Town Board of Westford

245 A.D.2d 692 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1997

Moreover, a municipality cannot be compelled to accept a private road (see, Matter of Di Lucia v Town Bd., 160 AD2d 1152, 1153 , lv denied 76 NY2d 706 , cert denied 498 US 1120 , supra). … The denial of petitioners’ requests that respondent Town Board of the Town of Westford accept dedication of the roads in the development was the subject of a previous appeal before this Court (see, Matter of Di Lucia v Town

Claim of Daly v. Board of Elections

254 A.D. 914 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1938

Appeal from an award of the State Industrial Board of compensation under the Workmen’s Compensation Law. Claimant was an employee in the office of the board of elections of the city of New York. … The board of elections of the city of New York is a State agency. (,Matter of Reynolds, 202 N. Y. 430, 441 ; Schieffelin v. Komfort, 212 id. 520 .) Award affirmed, with costs to the State Industrial Board. Hill, P.

Pugh v. New York State Board of Parole

19 A.D.3d 991 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 2005

Under the circumstances here, the Board’s broad discretion to rescind parole (see Matter of De Zimm v New York State Bd. of Parole, 135 AD2d 66, 69 [1988]) was limited only by the requirement that there be substantial evidence … Thus, upon our review of the record, we find the Board’s determination to be supported by substantial evidence of significant information that had not previously been before it (see Matter of Rizo v New York State Bd. of

Sherwood v. Albany County Board of Elections

265 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1999

The decision in Matter of Cristiano v Otsego County Bd. of Elections ( 181 AD2d 941 , lv denied 80 NY2d 751 ) strongly supports our holding in this case. … Instead of looking at the voters’ abilities on election day, the Board of Elections should have concerned itself with the voters’ capabilities at the time of the application.

Pepe v. Board of Regents of the University

31 A.D.2d 582 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1968

S. 478 ) and Miranda v. Arizona ( 384 U. S. 436 ). … Board of Regents, 24 A D 2d 909, mot. for lv. to app. den. 17 N Y 2d 420, mot. for rearg. den. 17 N Y 2d 422, cert. den. 385 U. S. 815 ).