Case law

Board of Education v. Bimco Industries, Inc.

85 A.D.2d 588 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1981

On the record before us, there is no indication of unfair dealings on the part of the plaintiff board in its relations with defendants. … Inherent in the requirement that the board act to promote the best interests of *589 the district is the right and “legal duty to modify its bid specifications as required by the public interests” (see Varsity Tr. v Saporita

Nicklin-McKay v. Town of Marlborough Planning Board

14 A.D.3d 858 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2005

After carefully examining the record, we find no basis upon which to disturb the Planning Board’s determinations (see Matter of Rafferty v Town of Colonie, 300 AD2d 719, 722 [2002]). … Co. of Massena v Belanger, 191 AD2d 790, 792 [1993]).

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 ).

Kryzan v. New York State Board of Elections

55 A.D.3d 1217 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2008

511 ), the Board was duty bound to accept it. … So far as the record reflects, such objections have not yet been passed upon by the Board.

Levy v. Nassau County Board of Elections

208 A.D.2d 786 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1994

Thus, the Supreme Court properly dismissed the petition as untimely (see, Matter of Voyticky v Gore, 134 AD2d 354 ).

Tenlan Reality Corp. v. Board of Standards & Appeals

251 A.D. 311 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1937

In Matter of Stillman v. Board of Standards & Appeals ( 222 App. Div. 19 ; affd., 247 N. … (Matter of Young Women’s Hebrew Assn. v. Board of Standards & Appeals, supra.)

Nusz v. Board of Cooperative Educational Services

92 A.D.2d 896 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1983

a determination terminating petitioner as a teacher of trade electricity, the appeal is from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered February 19, 1982, which, inter alla, directed appellant Board … NY2d 291 ; Steele v Board ofEduc., 40 NY2d 456, 463 ; Matter ofBellarosa, 20 Ed Dept Rep 252, 255).

Henrich v. Town Board

213 A.D.2d 814 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

Prior to March 1993, the post of Chief of Police was filled as a non-civil service position by designation of respondent (see, Matter of Betanzos v Green, 95 Misc 2d 89 ). … Chief of Police was neither a tenured or permanent civil service position or that of a public officer which would require formal charges and a hearing prior to respondent’s failure to reappoint (see, Matter of Green-smith v

Anderson v. Board of Cooperative Educational Services

128 A.D.2d 614 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1987

Thus the new part-time position and the petitioner’s former position were "similar” within the meaning of Education Law § 2510 (3) (see, Matter of Abrams v Ambach, 43 AD2d 883, 884 ; see also, Matter of Young v Board of Educ … Servs., 80 AD2d 979 ; Matter of Binan v Board of Educ., 74 AD2d 922, 923 ; Education Law § 2510 [3]). Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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

Tarantino v. Zoning Board of Appeals of Brookhaven

228 A.D.2d 511 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 1996

(see, Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Smith v Board of Appeals, 202 AD2d 674 ). … if the area variance is granted” (Matter of Sasso v Osgood, supra, at 384).

Board of Managers v. Schorr Brothers Development Corp.

182 A.D.2d 664 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 1992

Following the completion of the project and the occupation by the homeowners of their individual units, the homeowners and the Board of Managers of the Riverview at College Point Condominium III (hereinafter the Board of … Corp. v Atlas, 40 NY2d 652, 653, 656 ).

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

Claim of Brown v. Incorporated Village of Old Brookville

19 A.D.2d 914 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1963

Lower earnings must be attributable to the injury rather than to other factors (Matter of Haynos v. American Brass Co., 8 A D 2d 870). … Decision and award reversed and matter remitted to the Workmen’s Compensation Board, with costs to appellants against the Workmen’s Compensation Board. Bergan, P. J., Gibson, Herlihy and Reynolds, JJ., concur.

New York Dock Co. v. Ernest W. Brown, Inc.

246 A.D. 523 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1935

People ex rel. Hamilton v. Board of Supervisors

35 A.D. 239 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Gardenier v. Board of Supervisors, 134 N. Y. 1 .) … (Scattergood v. Wood, 79 N. Y. 263 ; Frear v. Sweet, 118 id. 454.)

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 ).

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.

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 ).

D. W. Brown Co. v. Clarence Sand & Gravel Co.

243 A.D. 853 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1935