Case law

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 ).

Town Board of Fallsburgh v. National Surety Corp.

29 A.D.2d 726 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1968

Claim of Brown v. Interstate Motor Freight System, Inc.

38 A.D.2d 981 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1972

Appeal by the self-insured employer from a decision of the Workmen’s Compensation Board, filed August 19, 1970, which, in accordance with prior directives of this court as affirmed by the Court of Appeals (Matter of Brown … v.

K. G. Brown Manufacturing Co. v. Cartonmatic Vending Co.

35 A.D.2d 811 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1970

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

248 A.D. 713 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1936

Brown v. American Insurance Co. of Newark, New Jersey

202 A.D. 733 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1922

Suttforb Realty Corp. v. Board of Education

55 A.D.2d 652 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1976

In a proceed ing pursuant to CPLR article 78, inter alia, to review certain resolutions adopted by the respondent board of education on June 26, 1974, which resolutions canceled certain leases of real property between the … We reject the argument that transactions in violation of section 1106 (subd [1], par a) of the charter are enforceable unless voided by the Comptroller (see Seaman v City of New York, 172 App Div 740 ).

Claim of Salerno v. Board of Education

35 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1970

Nicola v. Board of Assessors of North Elba

46 A.D.3d 1161 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2007

Board of Assessors, Town *1163 of Hurley, 257 AD2d 958, 960 [1999], lv denied 93 NY2d 813 [1999]). … Thus, respondent “[was] not required to move to dismiss prior to the expiration of the time in which to answer” (Matter of Abramov v Board of Assessors, Town of Hurley, 257 AD2d at 960 ).

Eisenstein v. Board of Regents of University

26 A.D.2d 971 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1966

(Matter of Stolz v. Board of Regents, 4 A D 2d 361, 364; e.g., Matter of Rear v. Board of Regents, 24 A D 2d 1054; Matter of Scire v. Board of Regents, 23 A D 2d 943; Matter of Leavitt v. … Board of Regents, 9 A D 2d 987.)

People ex rel. Callahan v. Board of Education

79 N.Y.S. 624 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1903

grammar grade, and is based upon the proposition that the reduction was virtually a removal, and that the relator is not liable to removal except up op charges, the truth of which has been established upon a trial by the board … Provision is made for the trial of charges by the board of education, or a committee thereof, and for the punishment of the teacher, in the event of an adverse determination, by fine, suspension, or dismissal.

Gleason v. Town of Clifton Park Planning Board

90 A.D.3d 1205 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 2011

Although petitioners properly served process on the Planning Board and Semenza, they improperly named the “Estate of Evalyon M. … Matter of O’Connell v Zoning Bd. of Appeals of Town of New Scotland, 267 AD2d 742 , 743 [1999], lv dismissed and denied 94 NY2d 938 [2000]; Matter of Tecler v Lake George Park Commn., 261 AD2d 690, 691 [1999], lv denied 94

Crawford v. Jonesville Board of Fire Commissioners

229 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1996

Whalen, 118 AD2d 1023 , appeal *775 dismissed 68 NY2d 663 , lv denied 68 NY2d 607 , with Matter of Ritz v Board of Fire Commrs., 212 AD2d 949 ). … As to petitioner’s final argument, the penalty of a one-year suspension was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 ).

Berry v. Jewish Board of Family & Children's Services

173 A.D.2d 670 · Appellate Division of the Supreme Court of the State of New York · May 28, 1991

It is well settled that whether evidence should be excluded as cumulative rests within the sound discretion of the trial court (see, Abbott v New Rochelle Hosp. Med. Center, 141 AD2d 589 ). … Under the circumstances, the jury’s award "shock[s] the conscience of this court” (Schare v Welsbach Elec. Corp., 138 AD2d 477, 478 ) and was excessive to the extent indicated.

Winn v. Washington County Board of Elections

196 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 1993

Invoking our power under Election Law § 16-100, we deem this an appropriate case to provide registered voters of the Democratic Party with an opportunity to ballot for the office of District Attorney (see, Matter of Brown … v Ulster County Bd. of Elections, 48 NY2d 614 ; Matter of Hunting v Power, 20 NY2d 680 ; cf., Matter of Harden v Board of Elections, 74 NY2d 796 ).

Prote Contracting Co. v. Board of Education

250 A.D.2d 487 · Appellate Division of the Supreme Court of the State of New York · May 19, 1998

Plaintiff failed to demonstrate a reasonable excuse for the delay in moving to restore this case or a lack of intention to abandon it (cf., Weiss v City of New York, 247 AD2d 239 ).

Dunlea v. New York State Board of Elections

275 A.D.2d 589 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 2000

has concluded that a designating petition’s description of the office will be upheld if it is “ ‘sufficiently informative * * * so as to preclude any reasonable probability of confusing or deceiving the signers, voters or board … Adler, 230 AD2d 876 ; Matter of Ciccotti v Havel, 186 AD2d 979 , lv denied 80 NY2d 754 ; Matter of Liepshutz v Palmateer, supra; Matter of Donnelly v McNab, supra).

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

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]).

Rye Citizens Committee v. Board of Trustees

249 A.D.2d 478 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1998

The proceeding under review challenges various actions of the respondents, the Board of Trustees for the Village of Port Chester and the Planning Commissioner for the Village of Port Chester (hereinafter collectively referred … Asian Ams. for Equality v Koch, 72 NY2d 121, 131 ; Matter of Cannon v Murphy, 196 AD2d 498, 500 ).