Case law

Brown v. City of New York

265 A.D.2d 284 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 1999

City of New York, 69 NY2d 1020 ; Baum v Knoll Farm, 259 AD2d 456 ; Fuks v New York City Tr. … Auth., 243 AD2d 678 ; Grillo v New York City Tr. Auth., 214 AD2d 648 ). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

Rizo v. New York State Board of Parole

251 A.D.2d 997 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 1998

Assocs. v State Div. of Human Rights, 45 NY2d 176, 180-181 ). … New York State Bd. of Parole, supra, at 57, citing Green v McCall, 822 F2d 284 and 9 NYCRR 8002.5 [b] [5]).

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

Eastman v. New York State Board of Parole

247 A.D.2d 740 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1998

In view of this, petitioner’s challenge to respondent’s determination is now moot (see, Matter of Hamm v Regan, 34 NY2d 992, 993 ; Matter of Huse v New York State Bd. of Parole, 233 AD2d 645 ; Matter of D’Angelo v Hammock

Board of Managers v. Grishanova

117 A.D.3d 442 · Appellate Division of the Supreme Court of the State of New York · May 6, 2014

properly held defendant in contempt where she violated the TRO, which unequivocally prohibited her from having guests reside in her apartment for more than five days if *443 she were not residing there (see Matter of McCormick v … After hearing oral argument and based on the overwhelming evidence in the papers before the court, a further hearing on the motion was unnecessary (see Farkas v Farkas, 209 AD2d 316, 317-318 [1st Dept 1994]; Jaffe v Jaffe

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.

Zabari v. New York City Loft Board

245 A.D.2d 200 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1997

—Judgment, Supreme Court, New York County (Salvador Collazo, J.), entered on or about February 11, 1997, which denied petitioners’ application pursuant to CPLR article 78 to annul respondent Loft Board’s determination of … Tenants Assn. v City of N. Y. Dept. of Hous. Preservation & Dev., 227 AD2d 331 ).

Hines v. State of Board of Parole

267 A.D. 99 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1943

The judgment of conviction was affirmed by the Appellate Division (People v. Hines, 258 App. Div. 466 ) and modified and as modified affirmed by the Court of Appeals ( 284 N. Y. 93 ). … Without any further inquiry the Board denied petitioner’s application and notice of that determination was transmitted *101 to him on May 13,1943. This proceeding was then instituted to review the Board’s decision.

Federal Express Corp. v. Board of Assessors

249 A.D.2d 546 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998

also, Matter of Allied Corp. v Town of Camillus, 80 NY2d 351, 356 ; Matter of Merrick Holding Corp. v Board of Assessors, 45 NY2d 538, 542 ). … The appellants’ contention. that the court improperly disregarded evidence of actual income in reaching its determination is without merit (see, Matter of Caldor, Inc. v Board of Assessors, supra; Matter of Krebs v Board

Board of Managers v. Caballero

118 A.D.3d 630 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2014

of Levandusky v One Fifth Ave. … Helmer v Comito, 61 AD3d 635 [2d Dept 2009]). We have considered the board’s remaining arguments and find them unavailing. Concur—Moskowitz, J.E, Richter, Manzanet-Daniels, Clark and Kapnick, JJ.

Rivera v. Erie County Board of Elections

164 A.D.2d 976 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1990

Further, we conclude that the one-year residency requirement is constitutional (see, Joseph v City of Birmingham, 510 F Supp 1319 ; Annotation, Validity of Requirement that Candidate or Public Officer have been Resident of

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).

Gervais v. Board of Education

120 A.D.3d 1556 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2014

School Dist., 166 AD2d 901 , 901 [1990], lv denied 77 NY2d 802 [1991]; see also Seney v Board of Educ. of the E. Greenbush Cent. Sch. Dist., 103 AD3d 1022 , 1023 [2013]). … Board of Educ. of City School Dist. of City of Buffalo, 168 AD2d 183, 186 [1991]; Matter of Lewis v *1559 Cleveland Hill Union Free School Dist., 119 AD2d 263, 266-267 [1986]).

Sgambati v. New York City Board of Elections

224 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1996

However, the court properly determined that the specifications of objections to the petitions did not include the addresses of the candidates being"objected to, as required by the rules of the Board of Elections (see, Election … Law § 6-154; Matter of Fintz v Poveromo, 197 AD2d 944 ; Matter of Bennett v Justin, 77 AD2d 960 , affd 51 NY2d 722 ).

Suffolk Asphalt Supply, Inc. v. Board of Trustees

59 A.D.3d 429 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2009

In 1985 the Board of Trustees of the Village of Westhampton Beach (hereinafter the Board of Trustees) amended the Village’s zoning code so that the use of the property as an asphalt plant became nonconforming. … Prospect *431 Hosp., 68 NY2d 320, 324 [1986]; Chekenian v Town Bd. of Town of Smithtown, 202 AD2d 542, 543 [1994]).

Koch v. Board of Assessors

116 A.D.3d 853 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2014

judgment in the proceeding on December 13, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976]), and the appeal from the judgment has been dismissed in a decision and order of this Court dated October 21, 2013 (see Matter of Koch v … Board of Assessors of Nassau County, 2013 NY Slip Op 88860[U] [2d Dept 2013]).

Koch v. Board of Assessors

116 A.D.3d 853 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2014

judgment in the proceeding on December 13, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976]), and the appeal from the judgment has been dismissed in a decision and order of this Court dated October 21, 2013 (see Matter of Koch v … Board of Assessors of Nassau County, 2013 NY Slip Op 88860[U] [2d Dept 2013]).

Patin v. State Board for Professional Medical Conduct

77 A.D.3d 1211 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2010

one occasion and, as to each of the seven patients, the ordering of unwarranted tests are amply supported by record evidence. 1 Based upon his review of the medical records of the patients at issue, Stephen Mosh-man, a board-certified … Conduct, 13 AD3d 918, 920 [2004]; Matter of Youssef v State Bd. for Professional Med. Conduct, 6 AD3d at 825 ; Matter of Corines v State Bd. for Professional Med.

Retail Property Trust v. Board of Zoning Appeals

281 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2001

which courts may interfere only when it is clear that the Board has acted ‘solely upon grounds which as a matter of law may not control’ ” (Cummings v Town Bd., 62 NY2d 833, 835 , quoting Matter of Larkin Co. v Schwab, 242 … must be supported by substantial evidence (see, Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20 ; Matter of C & B Realty Co. v Town Bd., 139 AD2d 510 ; see also, Matter of North Shore Steak House v Board of Appeals, at