Case law

Leith Construction Co. v. Board of Education

62 A.D.2d 1050 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1978

On April 24, 1975 the board of review of the defendant, after a hearing, declared the plaintiff an irresponsible bidder. … by The Contractor or anyone claiming under The Contractor be commenced within six months from the date of such termination or declaration of abandonment by The Board” (emphasis supplied).

Dibble v. Board of Cooperative Educational Services

103 A.D.2d 1026 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1984

Plaintiff’s reliance upon the contract definition of a grievance is unavailing since he has wholly failed to articulate the “transactions or occurrences which are alleged as the basis for liability (see CPLR 3013)” (Menkes v … This at most constitutes an unfair labor practice within the exclusive and nondelegable jurisdiction of the Public Employment Relations Board (Civil Service Law, § 205, subd 5, par [d]), but such allegations do not support

Claim of Barlog v. Board of Water Commissioners

239 A.D. 225 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1933

” (Littler v. Fuller Co., 223 N. Y. 369, 372 .) Award of compensation for disability should be affirmed. … Award for death benefits reversed, with costs against the State Industrial Board, and matter remitted to the Board.

Friedgood v. New York State Board of Parole

22 A.D.3d 950 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 2005

]; Matter of Zayd WW. v Travis, 17 AD3d 755, 755 [2005], lv denied 5 NY3d 706 [2005]). … , 17 AD3d 885, 886 [2005]; Matter of De La Cruz v Travis, 10 AD3d 789, 790 [2004]).

79th Street Tenants Corp. v. Brown, Harris, Stevens, Inc.

227 A.D.2d 149 · Appellate Division of the Supreme Court of the State of New York · May 7, 1996

In calling a special shareholders’ meeting, plaintiffs’ board of directors advised the shareholders that they were to vote on *150 amending their proprietary leases to provide for a new flip tax. … The procedure employed by the board was flawed in that the First Amendment to the Offering Plan specifically provided that any increase in the flip tax would only be permitted by amendment to the by-laws voted on by the shareholders

McGarry Contracting Co. v. Board of Education

264 A.D. 725 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1942

The plaintiff concededly filed its claim with the board of education on June 8,1938. No interest could be allowed prior to the date of filing the statutory notice of claim. (Smith v. Board of Education, 208 N. Y. 84 .)

Bermudez v. New York City Board of Education

83 A.D.3d 878 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2011

86 NY2d 744, 746 [1995]; Piazza v Corporate Bldrs. … 499 ; Nicastro v Park, 113 AD2d 129, 133 [1985]).

Savidis v. Board of Education Retirement System

295 A.D.2d 437 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2002

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education Retirement System for the City of New York dated June 16, 2000, which denied the petitioner’s application for accident disability … AD2d 489 ; Matter of Archul v Board of Trustees of N.Y.

Lesser v. Board of Education of New York

18 A.D.2d 388 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1963

Peixotto v. Board of Educ. of City of N. Y., 212 N. Y. 463, 466 ). … If the Board of Higher Education performs its discretion fairly and not arbitrarily, the court may not substitute its judgment for that of the board (Matter of Fallon, 9 A D 2d 766; cf. Matter of Elgin v.

Board of Education v. Levittown United Teachers

53 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1976

Teachers’ Assn.], 37 NY2d 614 ; Syracuse Teachers Assn. v Board of Educ., 35 NY2d 743 ); it may not now, despite the financial exigencies, abrogate its agreement. … "In this context, of course, the financial condition of the [school district] and its ability to fund the teaching positions are relevant and may be considered” by the arbitrators (see Matter of Board of Educ. v Yonkers *

Claim of Slade v. Perkins

42 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1973

cf Matter of Conyers v. … Bar, 38 A D 2d 987; Matter of Phillips v. Spaulding Bakeries, 17 A D 2d 684, affid. 12 N Y 2d 1027). Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P.

Carter v. New York City Board of Education

225 A.D.2d 512 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1996

insufficient knowledge, or were otherwise inadequate, and (2) there is a substantial likelihood that the persons sought for depositions possess information which is material and necessary to the prosecution of the case” (Zollner v … Additionally, the plaintiffs did not show that there was a substantial likelihood that the persons sought for depositions possessed information material and necessary to the prosecution of the case (cf., Zollner v City of

Cunningham v. New York State Board of Parole

190 A.D.2d 922 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1993

These appeals must therefore be dismissed as moot (see, Matter of Alexander v New York State Bd. of Parole, 175 AD2d 526 , lv denied 78 NY2d 863 ). Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur.

Benjamin Kurzban & Son, Inc. v. Board of Education

129 A.D.2d 756 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1987

By letter dated November 14, 1986, the defendant notified the plaintiff that the defendant’s Board of Review was scheduled to hold a default hearing with reference to the plaintiff’s failure to perform under the contract. … & Sheet Metal Co. v Facilities Dev.

Austin v. Board of Higher Education

5 A.D.2d 664 · Appellate Division of the Supreme Court of the State of New York · May 27, 1958

The plaintiffs urge that since the Supreme Court of the United States has held (Slochower v. Board of Educ. 350 U. … There can be no dispute that the determination of the United States Supreme Court (Slochower v. Board of Educ., 350 U.

Gapinski v. Zoning Board of Appeals

3 A.D.2d 976 · Appellate Division of the Supreme Court of the State of New York · May 15, 1957

Memorandum: This appeal is from an order at Special Term annulling a determination of the Zoning Board of Appeals of the Town of Cheektowaga allowing a variance from an area restriction in the zoning ordinance. … (Matter of Pagano Realty Corp. v. O’Dwyer, 195 Misc. 157 , affd. 275 App. Div. 705 .) All concur.

Board of Managers v. Fairways at North Hills

150 A.D.2d 32 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 1989

; Ackerman v Vertical Club Corp., 94 AD2d 665 ; Buckley v 112 Cent. … Brown, J. P., Kunzeman and Spatt, JJ., concur.

Brown v. Church of Presentation of Blessed Virgin Mary

213 A.D.2d 442 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1995

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 ).

Barretto v. Zoning Board of Appeals of Inc.

123 A.D.2d 692 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1986

Rather, each parcel maintains its single and separate identity, and the Zoning Board’s determination must, there *693 fore, be upheld (see, Hemlock Dev. … Corp. v McGuire, 35 AD2d 567 ; Matter of Guazzo v Chave, 59 Misc 2d 1050 ; Matter of Tara Homes v Volz, 44 Misc 2d 275 ).