Case law

Florence Development Corp. v. Board of Education

81 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · May 11, 1981

Installation Corp. v Board of Educ., 50 NY2d 780 ). This court’s prior determination in this case that the complaint states a cause of action (Florence Dev. … Corp. v Board of Educ., 52 AD2d 836 ) cannot be construed so as to permit the complaint to stand notwithstanding the failure to comply with the Education Law, for that issue was not raised in the prior appeal.

Wetzel v. New York State Racing & Wagering Board

109 A.D.2d 1099 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1985

Memorandum: In this CPLR article 78 proceeding, petitioner contends that the determination of the New York State Racing and Wagering Board suspending his license as a harness racing trainer is not supported by substantial … The Board held petitioner responsible under 9 NYCRR 4120.4 after postrace tests revealed the presence of a restricted drug in the system of one of his horses.

Kasten v. Zoning Board of Appeals of Brookhaven

47 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1975

The years immediately prior and subsequent to the opening were not uneventful (see Be Popas v. Barraud, 38 A D 2d 597, affd. 33 N Y 2d 672). … If a zoning board refuses to grant relief, the aggrieved party can then institute a proceeding under CPLR article 78.

Cummings v. Town Board of North Castle

95 A.D.2d 818 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1983

Special Term annulled the determination of the board finding that the special permit had not complied with the pertinent zoning ordinance. We reverse and reinstate the determination of the town board. … There exists a sufficient basis in the record to support the determination of the board in granting the special use permit to appellant.

Brown v. Christopher Street Owners Corp.

256 A.D.2d 78 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1998

Defendants were granted summary judgment dismissing plaintiffs complaint in its entirety on January 10, 1995 (Brown v Christopher St. Owners Corp., 211 AD2d 441 ). … The Court of Appeals affirmed, noting that the parties had not addressed the dismissal of plaintiffs claim under Labor Law § 202 (Brown v Christopher St. Owners Corp., 87 NY2d 938 ).

Wyandanch Teachers Ass'n v. Board of Education

90 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 1982

P., Weinstein, Thompson and Brown, JJ., concur.

Menkes v. State Human Rights Appeal Board

87 A.D.2d 512 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1982

— Order, State Human Rights Appeal Board, dated February 19, 1981, unanimously confirmed, and the petition dismissed, without costs and without disbursements. No opinion. Concur — Murphy, P.

Warman v. Board of Education Retirement System

79 A.D.2d 1030 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1981

Section 17 of its rules and regulations, the plain language of which clearly delineates this time frame, has been judicially upheld (Matter of Ornstein v Board of Educ., Supreme Ct, Kings County, June 18, 1973, Schwartzwald … New York City Employees’ Retirement System, NYLJ, Aug. 11, 1948, p 232, col 6; Matter of Neary v Wagner, 155 NYS2d 259 ).

Kerwick v. State Board of Equalization & Assessment

75 A.D.2d 691 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 1980

Hough v. New York State Board of Parole

235 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1997

Hence, petitioner is precluded from seeking review of the January 31, 1996 determina *863 tion by this Court until his administrative remedies have been exhausted (see, Matter of La Bounty v Russi, 208 AD2d 1071 , appeal

Schroth v. State Human Rights Appeal Board

72 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1979

Determination of the State Human Rights Appeal Board, dated March 14, 1978, unanimously confirmed, and the motion to dismiss the petition dismissed as academic, without costs and without disbursements. No opinion.

Levittown United Teachers v. Board of Education

70 A.D.2d 659 · Appellate Division of the Supreme Court of the State of New York · May 28, 1979

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

South Huntington Teachers Ass'n v. Board of Education

51 A.D.2d 983 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1976

Vincze v. State Human Rights Appeal Board

55 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 1977

motion to dismiss petition for lack of jurisdiction unanimously denied, the determination of the State Human Rights Appeal Board, dated December 29, 1975, unanimously confirmed, and the petition dismissed, without costs and

Schwartz v. Community School Board No. 1

55 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1976

Judgment, Supreme Court, New York County, entered on August 26, 1974, unanimously vacated, and, on stipulation of the parties, the matter is remanded to the board of education for a new section 105-a hearing, without costs

Westmoreland Teachers Ass'n v. Board of Education

48 A.D.2d 757 · Appellate Division of the Supreme Court of the State of New York · May 22, 1975

Doggrell v. Board of Assessors of Beekman

42 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1973

We are bound to affirm by reason of the determination in Matter of City of New York v. Christensen (30 A D 2d 700, affd. 24 N Y 2d 1002).

Solar Transportation Co. v. Board of Education

42 A.D.2d 599 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1973

Roosevelt Hospital v. State Labor Relations Board

39 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1972

Determinations of respondent New York State Labor Relations Board dated November 29, 1971 and January 25, 1972, respectively, unanimously annulled, on the facts and the law, and vacated, without costs and without disbursements … We find the determinations to be improper in that the board refused to hear additional evidence which the petitioner sought to introduce on two aspects of the matter.