Case law

American Cyanamid Co. v. Board of Assessors

288 A.D.2d 213 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2001

(Lederle Labs), the respondents Board of Assessors and/or the Assessor of the Town of Orangetown and the Board of Assessment Review, and the intervenor County of Rockland. … Condominium Bd. of Mgrs. v Town of Great Val., 144 Misc 2d 1049 ), there is no such contract in the instant case.

Prote Contracting Co. v. Board of Education

132 A.D.2d 538 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1987

The *539 plaintiffs claim has no merit and, for that reason, summary judgment was properly granted to the defendant (see, CPLR 3212; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 112 ). Rubin, J.

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.

Properties of New York, Inc. v. Planning Board

35 A.D.3d 941 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 2006

Unlike the petitioners in Matter of Eadie v Town Bd. of Town of N. … Finally, petitioner’s subsequent demand for an audit and return of certain fees paid was plainly a request for reconsideration and did not operate to extend the statute of limitations (see Matter of Lubin v Board of Educ.

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

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]).

Kleinberg v. Town of Thompson Town Board

202 A.D.2d 946 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1994

Nardo v. New York City Loft Board

202 A.D.2d 364 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1994

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 8, 1992, dismissing a CPLR article 78 petition seeking to vacate and annul a determination of the New York City Loft Board as contrary to its own … Petitioner’s challenge to the Loft Board’s determination that the cost of restoring elevator service would be borne by the tenants was properly dismissed since the Loft Board was precluded from reaching and in fact did not

Hudson v. White Plains Board of Education

202 A.D.2d 426 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1994

City of Hornell v. Board of Assessors

256 A.D.2d 1173 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1998

The resolution does not describe “the picture of hardship that gave rise to the ‘grandfather clause’ ” (People v Genesee Lime Prods., 73 NY2d 773, 775 , rearg denied 73 NY2d 872 ).

Richards v. Board of Education

117 A.D.3d 605 · Appellate Division of the Supreme Court of the State of New York · May 27, 2014

petitioner’s performance was unsatisfactory, as evidenced by the three formal classroom observation reports describing petitioner’s poor performance in class management and engagement of students (see Matter of Murnane v … Board of Educ. of the City Sch.

Ryan v. Westchester Alcoholic Beverage Control Board

249 A.D. 859 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1937

the respondents, whose names appear upon a certified eligible list of the Civil Service Commission, applied for a mandamus order directing the appellant to make from that list an appointment of an executive officer of the board

Lai Chun Chan Jin v. Board of Estimate

101 A.D.2d 97 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1984

Matter of Kovarsky v Housing & Dev. Admin., 31 NY2d 184 .) … And even were the CPC and the DCP considered to be “united in interest” (Brock v Bua, 83 AD2d 61, 69 ), such would not justify a conclusion that the DEP was similarly “united in interest” with the CPC and the Board of Estimate

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]).

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

Basch v. New York City Loft Board

194 A.D.2d 434 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1993

—In this CPLR article 78 proceeding to annul the determination of respondent Loft Board, dated October 25, 1990, finding petitioner guilty of harassment and imposing a fine of $3000, which proceeding was transferred to this

Heitman v. New York State Board of Parole

214 A.D.2d 673 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1995

The Supreme Court properly dismissed the petition because the discretionary decision of the New York State Board of Parole (hereinafter the Board) denying parole release to the petitioner, when made in accordance with the … law, is not subject to judicial review (see, Executive Law § 259-i [5]; Matter of Hall v New York State Executive Dept., 188 AD2d 791 ; Matter of Rock v New York State Bd. of Parole, 124 AD2d 804 ).

Samuels v. New York State Board of Parole

165 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Sep 20, 1990

Calcagni Construction Co. v. Zoning Board of Appeals

56 A.D.2d 845 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1977

Petitioner may not now remodel or reface the premises for the establishment of an automobile service station, also a nonconforming use, without demonstrating unnecessary hardship (see Matter of Otto v Steinhilber, 282 NY