Case law

Posh Bagel, Inc. v. Board of Health

75 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · May 27, 1980

(See Matter of Hecht v Monaghan, 307 NY 461 .) We also note that the transfer by Special Term was improper. … (See Falkenbury v Schultz, 44 AD2d 827 ; cf. Matter of Mistler v Tofany, 39 AD2d 710 .) Hopkins, J. P., Damiani, O’Connor and Weinstein, JJ., concur.

Adventist Home, Inc. v. Board of Assessors

192 A.D.2d 1044 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1993

Here, that period began to run on July 1, 1990, the date of the filing of the final assessment roll (see, supra; Global Frozen Food v County of Nassau, 153 AD2d 669 ; LaFayette Cent. … School Dist. v Niagara Mohawk Power Corp., 101 AD2d 1015 ). Therefore, because suit was not commenced until May 10, 1991, it was untimely (see, Press v County of Monroe, 50 NY2d 695 ).

Matter of Brown v. City of New York

2019 NY Slip Op 5773 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2019

Matter of Brown v City of New York ( 2019 NY Slip Op 05773 ) Matter of Brown v City of New York 2019 NY Slip Op 05773 Decided on July 24, 2019 Appellate Division, Second Department Published by New York State Law Reporting … Dist. , 28 NY3d 455, 466 ; see Matter of Fethallah v New York City Police Dept. , 150 AD3d 998, 1001 ; Matter of Ramos v Board of Educ. of the City of N.Y. , 148 AD3d 909, 912 ).

People ex rel. Peck v. Town Board

27 A.D. 476 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Read v. … Brown v. Supervisors of Herkimer County (3 How. Pr. [N.

194 Main, Inc. v. Board of Zoning Appeals

71 A.D.3d 1028 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2010

The evidence adduced during the hearing before the Zoning Board established that the petitioner created the hardship by purchasing the land with knowledge that it was not zoned for commercial use (see Matter of Clark v Board … were distinguishable from the petitioner’s application, and, therefore, the Zoning Board was not bound by its earlier determination (see Matter of Arata v Morelli, 40 AD3d 991, 993 [2007]; Matter of Conversions for Real

Jay v. Board of Regents of the University

50 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1975

Matter of Di Donna v Board of Regents of Univ. of State of N. Y, 3 AD2d 797). … Board of Educ. of Union Free School Dist.

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]).

Board of Education of Northport-East v. Ambach

90 A.D.2d 227 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1982

; James v Board of Educ., 42 NY2d 357 ). … Board of Higher Educ., 49 NY2d 408 ; Matter of McIntosh v Borough of Manhattan Community Coll., 78 AD2d 839 , affd 55 NY2d 913 ).

Vasquez v. New York State Parole Board

240 A.D.2d 823 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1997

New York State Div. of Parole, 203 AD2d 757 ) and there is no showing of either error or "irrationality bordering on impropriety” (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 ). … As a final matter, we are unpersuaded that this Court’s decision in Matter of Marturano v Hammock ( 87 AD2d 732 , lv denied 56 NY2d 506 ) does not reflect the current state of the law. Mikoll, J.

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 ).

Board of Managers of Ocean Club v. Mandel

235 A.D.2d 382 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1997

of the entire project (see, State of New York v Lundin, 60 NY2d 987 ; Sears, Roebuck & Co. v Enco Assocs., supra). … Finally, although the "continuous treatment” doctrine may apply to architects in a proper case (see, Hauppauge Union Free School Dist. v Smith Assocs., supra; Board of Mgrs. v Vector Yardarm Corp., 172 AD2d 303 ; Greater

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.

Reddy v. State Board for Professional Medical Conduct

259 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1999

Moreover, petitioner has failed to demonstrate that the delay caused him actual prejudice (see, Matter of Lawrence v DeBuono, 251 AD2d 700, 701 ; Matter of *849 Monti v Chassin, 237 AD2d 738, 740 ; Matter of Hubsher v De … DeBuono, 255 AD2d 710 ; *850 Matter of Brown v New York State Dept. of Health, 235 AD2d 957, 958 , lv denied 89 NY2d 814 ; Matter of Sung Ho Kim v Board of Regents, 172 AD2d 880, 881 , lv denied 78 NY2d 856 ).

Vim Construction Co. v. Board of Assessors

82 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Aug 31, 1981

The differences in the assessed valuations, using the formula V (value) X R (rate) = A (assessed value) between the parties can be readily seen from the following: “petitioner’s appraisal : “year value equalization ASSESSED … (Town of Huntington v Town of Oyster Bay, Supreme Ct., Nassau County, Oct. 25, 1977, Wager, J.) On December 1, 1977 the approval previously given by the Department of Environmental Conservation was revoked.

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.

Board of Education v. Ryewood Farms, Ltd.

144 A.D.2d 413 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1988

Hence, the parties are precluded from introducing parol evidence to contradict or modify the agreement (see, Chimart Assocs. v Paul, 66 NY2d 570 ; Fogelson v Rackfay Constr. … P., Bracken, Brown and Sullivan, JJ., concur.

Willard v. Town Board

216 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1995

Same Memorandum as in Matter of Willard v Town Bd. *863 of Town of Hamburg ( 216 AD2d 861 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Flaherty, J.—Renewal.) Present—Denman, P.

Williams v. Appeals Board of Administrative Adjudication Bureau

153 A.D.3d 1419 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2017

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated December 31, 2013, which affirmed the denial of the petitioner’s … Power Auth., 97 AD3d 593 , 595 [2012]; Matter of Pabon v Phillips, 16 AD3d 589, 590 [2005]), while the rest are improperly raised for the first time on appeal (see Matter of Solutions Economics, LLC v Long Is.

Tougher Industries, Inc. v. Board of Education

286 A.D.2d 880 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2001