Case law

New York City Board of Education v. Ambach

88 A.D.2d 1075 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1982

The test to be applied “chiefly ‘relates to whether a particular action should have been taken or is justified * * * and whether the administrative action is without foundation in fact’ ” (Matter of Pell v Board of Educ., … the agency’s conclusion’ ” (Matter ofPietranico v Ambach, 82 AD2d 625, 627 , affd 55 NY2d 861 , quoting from Matter of Freyman v Board of Regents of Univ. of State of N.

Claim of Mullins v. State Board of Parole

43 A.D.2d 382 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1974

We find nothing in the applicable statutes or the decision of the Supreme Court in Morrissey v. Brewer ( 408 U. … Maggio v.

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]).

Snyder v. Board of Regents of the University

50 A.D.2d 966 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1975

Matter of Cohen v New York State Bd. of Pharmacy, 27 AD2d 633 , mot for lv to app den 19 NY2d 578 ; Matter of Bernstein v Allen, 26 AD2d 727 ). … Matter of McKaba v Board of Regents of Univ. of State of N. Y., 30 AD2d 495 ). Determinations confirmed, and petitions dismissed, without costs. Sweeney, J. P., Kane, Koreman, Main and Larkin, JJ., concur.

Shelter Island Ass'n v. Zoning Board of Appeals

57 A.D.3d 907 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2008

County of Suffolk, 77 NY2d 761, 772-774 [1991]; see Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. … of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N.

W.K.J. Young Group v. Zoning Board of Appeals

16 A.D.3d 1021 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2005

Mills, 249 AD2d 984, *1022 985 [1998], lv denied 92 NY2d 813 [1998]; see also Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 612-613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 307 [2002]; Matter … Judicial review (see Village Law § 7-712-c) is limited to deciding whether the determination of the board was illegal, arbitrary and capricious or irrational on the record before the board, or an abuse of discretion (see

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

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.

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 ).

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.

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

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.

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

Galvani v. Nassau County Police Indemnification Review Board

242 A.D.2d 64 · Appellate Division of the Supreme Court of the State of New York · May 26, 1998

The Supreme Court also dismissed a CPLR article 78 proceeding brought by Cohen against the Review Board (see, Matter of Cohen v Nassau County Police Indem. … School Dist. v Ambach, 56 NY2d 158, 164 ; Matter of Dairylea Coop, v Walkley, 38 NY2d 6, 8-11 ).

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).

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 ).