Case law

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.

Woodward-Brown Realty Co. v. City of New York

204 A.D. 873 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1922

Bogert, Ruess & Brown, Inc. v. Louis R. Bogert, Inc.

259 A.D. 996 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1940

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

Shippers' Car Line, Inc. v. Brown Hoisting Machinery Co.

189 A.D. 890 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1919

Claim of Brown v. New York City Housing Authority

11 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 1960

Ramundo v. Pleasant Valley Zoning Board of Appeals

41 A.D.3d 855 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2007

Assurances by certain officials that the petitioner could build on the lots, despite the fact that they were nonconforming, did not estop the Zoning Board from denying the variances (see Matter of Parkview Assoc. v City of … opposition, and must sustain the determination if it has a rational basis in the record (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308

Sullivan v. New York City Board of Elections

224 A.D.2d 565 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1996

The power of boards of elections to determine the validity of a nominating petition " 'extends only to ministerial examination’ ” (Schwartz v Heffernan, 304 NY 474, 480 ). … act in that it left nothing to the exercise of judgment or discretion (see generally, Wicksel v Cohen, 262 NY 446, 449 ; Matter of Millet v Meisser, 17 NY2d 941 , affg 26 AD2d 577 ).

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]).

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.

Brown v. City of New York

282 A.D.2d 639 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2001

By decision and order dated October 4, 1999, this Court affirmed the order of the Supreme Court (see, Brown v City of New York, 265 AB2d 284). … The Court of Appeals reversed that order (see, Brown v City of New York, 95 NY2d 389 ), and remitted the case for review of the alternative ground for setting aside the verdict.

Poglinco v. Board of Regents of University

170 A.D.2d 903 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1991

Petitioner is a board-certified obstetrician and gynecologist. … This refusal effectively precluded consideration by respondent of petitioner’s subsequent conduct, both good and bad, which has been held to be relevant on the measure of punishment (see, Matter of Davis v Board of Regents

Anderson v. Oswego County Board of Elections

113 A.D.2d 1019 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1985

Brown v. City of New York

281 A.D.2d 381 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 2001

Ctr., 271 AD2d 565 ; Fellin v Sahgal, 268 AD2d 456 ). … Melchiona, 269 AD2d 375 ; cf., Miller v Jablonski, 266 AD2d 363 ).

Common Council of Middletown v. Town Board

40 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1972

In such a case, the statutory special election would be a useless gesture and consequently it can be dispensed with (see Matter of Common Council of City of Middletown v.

Grabowski v. Board of Managers of Avonova Condominium

147 A.D.3d 913 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2017

Motel Oasis, 143 AD3d 926 [2016]; Monastiriotis v Monastiriotis, 141 AD3d 510 [2016]; King v Sam’s E., Inc., 81 AD3d 1414 [2011]). … Viani, 140 AD3d 844 [2016]; Gyokchyan v City of New York, 106 AD3d 780 [2013]; King v Sam’s E., Inc., 81 AD 3d 1414 [2011]; Merrill v Falleti Motors, Inc., 8 AD3d 1055 [2004]).

230 Tenants Corp. v. Board of Standards & Appeals

101 A.D.2d 53 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1984

community board or borough board. … (Matter of Highpoint Enterprises v Board of Estimate, 67 AD2d 914, 915 .) Accordingly, the judgment of the Supreme Court, New York County (Ernst H.

La Grand Douglas v. Board of Education

21 A.D. 209 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1897

The plaintiff’s counsel calls our attention to .the opinion of Mr, Justice Cullen in the Unreported case of Condon v. … The Board of Education, decided in 1891; but that was a proceeding to reinstate the relator, and .the judgment of the court has no application to the' case at bar. • . . . . The judgment is affirmed. .

Nu-Life Construction Corp. v. Board of Education

204 A.D.2d 106 · Appellate Division of the Supreme Court of the State of New York · May 5, 1994

The plaintiff has failed to plead or demonstrate either that a special relationship existed between it and the Board such that the Board owed a duty to it beyond that owed to the general public or that the Board’s alleged … Town of New Windsor, 108 AD2d 898, 899 , appeal dismissed 65 NY2d 925 , citing Murtha v Yonkers Child Care Assn., 45 NY2d 913, 915 ; Shaw v Merrick, 60 AD2d 830 ; Greyhound Corp. v Commercial Cas.

Brown v. New York State Department of Corrections & Community Supervision

139 A.D.3d 1214 · Appellate Division of the Supreme Court of the State of New York · May 12, 2016

Supreme Court, Appellate Division Third Judicial Department Decided and Entered: May 12, 2016 521510 ________________________________ In the Matter of ROHAN BROWN … Annucci, 133 AD3d 942, 943 [2015]; Matter of Macedonio v Fischer, 116 AD3d 1313, 1313 [2014).