Case law

Board of Education v. North Babylon Teachers' Organization

104 A.D.2d 594 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 1984

Nor are we limiting the broad power of an arbitrator to fashion an appropriate remedy, after he concludes that an actual provision of the collective bargaining agreement has been violated (see Matter of Board of Educ. v Dover-Wingdale … [Hess], 49 NY2d 145, 152 ; Board of Educ. v Bellmore-Merrick United Secondary Teachers, 39 NY2d 167, 172 ).

Kopald v. Supervisor & Town Board of Highlands

34 A.D.3d 810 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 2006

Agency, 76 NY2d 428, 433 [1990]; Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. … Bldgs, v Greene County Legislature, 293 AD2d 907 [2002]; Giardino v Gardinier, 124 AD2d 1020 [1986]). Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.

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

Syblis v. New York State Board of Parole

240 A.D.2d 821 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1997

Inasmuch as petitioner’s motion for renewal "fails to allege any * * * previously unknown facts, it must be considered a motion for reargument and not a motion for renewal” (Suarez v State of New York, 193 AD2d 1037 ). … We note that no appeal lies from the denial of a motion to reargue (see, Spa Realty Assocs. v Springs Assocs., 213 AD2d 781, 783-784 ).

South Bay Development Corp. v. Board of Assessors

108 A.D.2d 493 · Appellate Division of the Supreme Court of the State of New York · May 20, 1985

(See also the case of Matter of 200 Country Club Associates v Board of Assessors, 83 AD2d 637 )’ ” (Matter of River House-Bronxville v Gallaway, 100 AD2d 970, 972-973 , supra). … Board of Assessors, 54NY2d 547; Matter of Colt Indus. v Finance Administrator, 54 NY2d 533 ; Matter of Canigiani v Board of Assessors, 98 AD2d 233 ), our second decision in Matter of River House-Bronxville v Gallaway, supra

Gaiter v. City of Buffalo Board of Education

142 A.D.3d 1350 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

Same memorandum as in Gaiter v City of Buffalo Bd. of Educ. ([appeal No. 1] 142 AD3d 1349 [2016]). Present — Smith, J.P., Peradotto, DeJoseph, Troutman and Scudder, JJ.

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 ).

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 ).

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 Sheehan v. Board of Trustees

260 A.D. 825 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 1940

On a previous appeal to this court from a decision of the State Industrial Board dismissing the claim, such decision was reversed and the matter was remitted to the Board. (Matter of Sheehan v. … (See Matter of Sheehan v. Board of Trustees of Schuylerville, 256 App. Div. 148 .) Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.

Huse v. New York State Board of Parole

233 A.D.2d 645 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1996

Cleveland v New York State Div. of Parole, 110 AD2d 671 ). Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

Michaels v. New York State Board of Elections

154 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1989

Furthermore, the lack of certification here occurred because (1) of the failure of the local boards of elections to forward their lists of certified delegates to the State Board, (2) *876 the State Board misplaced the lists … In these circumstances, where only duly elected delegates and alternates voted at the convention, it would be unfair to hold any failure to properly forward, file and certify against respondents (see, Matter of Meier v Mahoney

Wetzel v. New York State Racing & Wagering Board

109 A.D.2d 1099 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1985

Memorandum: In this CPLR article 78 proceeding, petitioner contends that the determination of the New York State Racing and Wagering Board suspending his license as a harness racing trainer is not supported by substantial … The Board held petitioner responsible under 9 NYCRR 4120.4 after postrace tests revealed the presence of a restricted drug in the system of one of his horses.

Brooklyn Union Gas Co. v. State Board

125 A.D.2d 803 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1986

Petitioner, a public utility corporation, commenced this proceeding pursuant to Real Property Tax Law article 7 challenging special franchise assessments made by respondent, the State Board of Equalization and Assessment … Tea Co. v Kiernan, 42 NY2d 236, 240 ; Matter of Onondaga County Water Dist. v Board of Assessors of Town of Minetto, 39 NY2d 601, 605 ).

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.

Brown v. Roosevelt Union Free School District

130 A.D.3d 852 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 2015

State of New York, 90 NY2d 471, 484 [1997]; see Philippou v Baldwin Union Free Sch. … 912 [2000]; Maddox v City of New York, 66 NY2d 270 [1985]).

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

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 ).

Plucknette v. Zoning Board

217 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1995

Its determination "rests comfortably on a rational basis and substantial evidence” (Matter of Doyle v Amster, 79 NY2d 592, 596 ; see also, Matter of Larkin v McAllister, 213 AD2d 1075 ; Matter of O’Keefe v Donovan, 199 AD2d

Bloom v. Board of Cooperative Educational Services

95 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1983

resolve the issues raised with regard to the exact nature of the trade electronics course taught by petitioner since 1970 and whether he acquired tenure in the area of technical electronics as a result thereof (see Waiters v … Board of Educ., 46 NY2d 885 ; Matter of Platania, 20 Ed Dept Rep 670; Matter of Smyton, 19 Ed Dept Rep 281).