Case law

Petrocci v. Zoning Board of Appeals of Camillus

42 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1973

Nevertheless, the matter having been argued before us, in the interest of expedition we entertain and decide it (Matter of Circle Cts. v. Lane, 29 A D 2d 620). … Matter of Golisano v. Town Board of Town of Macedon (31 A D 2d 85), relied on by petitioners, is distinguishable upon its facts.

Scott v. New York State Racing & Wagering Board

44 A.D.3d 338 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 2007

Determination of respondent New York State Racing and Wagering Board, dated July 26, 2005, which, after an evidentiary hearing, refused to issue petitioner a track management license, unanimously confirmed, the petition denied … or related activities would, be inconsistent with the public interest, convenience or necessity or with the best interests of racing generally” (Racing, Pari-Mutuel Wagering and Breeding Law § 309 [2] [e] [ii]; Bonacorsa v

Charles v. Uniondale School District Board of Education

91 A.D.3d 805 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2012

State of New York, 90 NY2d 471, 484-486 [1997]; Turcotte v Fell, 68 NY2d 432, 439 [1986]; Maddox v City of New York, 66 NY2d 270, 277-278 [1985]). … New York City Bd. of Educ., 73 NY2d 650, 658 [1989]; Turcotte v Fell, 68 NY2d at 439 ; Weller v Colleges of the Senecas, 217 AD2d 280, 283 [1995]).

Board of Education v. Port Jefferson Teachers' Ass'n

243 A.D.2d 468 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1997

[United Liverpool Faculty Assn.], supra, at 513; Matter of Board of Educ. v Levittown United Teachers, 213 AD2d 481 ). … School *473 [Franklin Teachers Assn.], 51 NY2d 348 ; Board of Educ. v Barni, 49 NY2d 311 ; Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 NY2d 669 ; Matter of Board of Educ. v Plainedge Fedn. of

Laterza v. New York State Racing & Wagering Board

68 A.D.3d 1509 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 2009

United States, 293 F 1013 [DC Cir 1923]; see also Parker v Mobil Oil Corp., 7 NY3d 434, 446-447 , 447 n 3 [2006]; People v Wesley, 83 NY2d 417, 423 [1994]). … Guzman v 4030 Bronx Blvd. Assoc. L.L.C., 54 AD3d 42, 47-51 [2008]).

Jones v. Cayuga County Board of Elections

123 A.D.2d 517 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1986

v Board of Elections, 31 Misc 2d 330 ; cf. … Board of Elections, supra, p 332).

Rawe v. State Board of Equalization

1 A.D.2d 49 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1955

(Cimo v. State of New York, 306 N. Y. 143 ; Naramore v. State of New York, 285 N. Y. 80 ; Peterson v. Martino, 210 N. Y. 412 ; Davis v. Supreme Lodge, Knights of Honor, 165 N. Y. 159 .) … (Davies v. Miller, 130 U. S. 284, 289 .)

Gilpin Associates v. Board of Assessment Review

121 A.D.2d 719 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

in which the tenant pays the real estate taxes, and (2) that appraiser’s simultaneous and companion addition of a tax factor to the capitalization rate as if the owner-landlord paid the taxes (see, Matter of Celwyn Co. v … Board of Assessors, 65 Misc 2d 495, 500 ).

People ex rel. Tucker v. Board of Parole

56 A.D.2d 585 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1977

Wilder v Markley, 26 NY2d 648 ; People ex rel. Jones v Ternullo, 52 AD2d 631 ). Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

Matter of Cornell Univ. v. Board of Assessment Review

186 A.D.3d 990 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2020

Matter of Cornell Univ. v Board of Assessment Review ( 2020 NY Slip Op 04636 ) Matter of Cornell Univ. v Board of Assessment Review 2020 NY Slip Op 04636 Decided on August 20, 2020 Appellate Division, Fourth Department Published … "The common law relating to fixtures provides guidance in determining whether particular items fall within [that] statutory definition" ( Matter of Maines v Board of Assessors of Town of Lafayette , 125 AD2d 951, 951-952

Steuben Advocate, Inc. v. Board of Supervisors

5 A.D.2d 803 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1958

Section 151 of the Tax Law imposes the legal duty of causing publication upon the county treasurer, not upon the Board of Supervisors. All concur. … (Appeal from an order of Steuben Special Term directing the Board of Supervisors to reaudit the claim of petitioner and to pay it, and directing the Board of Supervisors to publish tax sale notices and redemption notices

Blasich v. New York State Board of Parole

48 A.D.3d 1029 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 2008

Division of Parole, 41 AD3d 1016, 1017 [2007]; Matter of Cruz v New York State Div. of Parole, 39 AD3d 1060, 1062 [2007]). … ]; see Matter of Borcsok v New York State Div. of Parole, 34 AD3d 961, 961-962 [2006], lv denied 8 NY3d 803 [2007]), it will not be disturbed.

Rochester Community Savings Bank v. Board of Assessors

248 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1998

Co. v Woodbury, 208 NY 421, 424-425 ; Oneida Sav. … Co. v Libow, 106 AD2d 110, 114 , affd 65 NY2d 807 ).

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.

Patchogue-Medford Congress v. Board of Education

258 A.D.2d 624 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

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 ).

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

Shea v. Board of Appeals of Scarsdale

200 A.D.2d 749 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1994

People ex rel. Callahan v. Board of Education

78 A.D. 501 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 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 upon 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.

Buffouno v. Board of Zoning & Appeals of Inc.

230 A.D.2d 794 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 1996

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning and Appeals of the Incorporated Village of Westbury dated November 15, 1994, which, after a hearing, denied the petitioners’ application … Serv., 74 NY2d 833 ; Matter of Klapak v Blum, 65 NY2d 670 ; Matter of Edgar v Jorling, 225 AD2d 770 ; Matter of Old Dock Assocs. v Sullivan, 150 AD2d 695 ; Matter of Patino v Scully, 135 AD2d 637 ; Matter of North Ridge Enters