Case law

Brant v. New York State Board of Parole

236 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 1997

statutory requirements in arriving at its discretionary decision to refuse petitioner’s application for parole and there is, accordingly, no reason to disturb it (see, Executive Law § 259-i [1], [2]; see also, Matter of Walker v … New York State Div. of Parole, 203 AD2d 757 ; Matter of Patterson v New York State Bd. of Parole, 202 AD2d 940 ).

Insler v. State Board for Professional Medical Conduct

38 A.D.3d 1095 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2007

Accordingly, the ARB’s determination must be upheld if it “ ‘has a rational basis supported by fact’ ” (Matter of Maglione v New York State Dept. of Health, supra at 524, quoting Matter of Brown v New York State Dept. of … Chassin, 215 AD2d 953, 955 [1995], lv denied 86 NY2d 708 [1995]; see Matter of Brown v New York State Dept. of Health, supra at 958).

Sayers v. State Human Rights Appeal Board

89 A.D.2d 833 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 1982

This ruling was upheld by an evenly divided vote (2 to 2) on the appeal board. … (Mayo v Hopeman Lbr. & Mfg. Co., 33 AD2d 310 ; see, also, State Div. of Human Rights v Blanchette, 73 AD2d 820 .) Concur — Markewich, Fein and Milonas, JJ.

W.O.R.C. Realty Corp. v. Board of Assessors

283 A.D.2d 509 · Appellate Division of the Supreme Court of the State of New York · May 14, 2001

—In a proceeding pursuant to Real Property Tax Law article 7 to review a real property tax assessment for the tax year 1993-1994, the Board of Assessors and the Board of Assessment Review of the Town of Islip appeal, as limited … Stores v Assessor of Town of Concord, 102 AD2d 9, 11 ; see, Real Property Tax Law § 704 [1]; Matter of Mack v Assessor of Town of Ramapo, 72 AD2d 604 ). The appellants’ remaining contentions are without merit.

Acme Skillman Construction Co. v. Board of Education

106 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1984

Board of Educ., 60 NY2d 539 ). … Corp.], 53 NY2d 306 ; Public Improvements v Board of Educ., 81 AD2d 537 , affd 56 NY2d 850 ). Titone, J. P., Mangano, Brown and Rubin, JJ., concur.

Weisenthal v. New York State Board of Regents

249 A.D.2d 712 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1998

Board of Regents, 210 AD2d 541, 542 ; see, Matter of Poulard v Commissioner of Health of State of N. … Board of Regents, 169 AD2d 857 , lv denied 77 NY2d 810 , cert denied 502 US 938 ).

Board of Managers v. Roman

116 A.D.3d 817 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2014

[1998]; see Furtow v Jenstro Enters., Inc., 75 AD3d 494 [2010]; Collins v AA Truck Renting Corp., 209 AD2d 363 [1994]; cf. … NYCTL 2005-A Trust v Rosenberger Boat Livery, Inc., 96 AD3d 425 [2012]; Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb, 72 AD3d 997 [2010]; Mortgage Elec.

Board of Managers v. Roman

116 A.D.3d 817 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2014

[1998]; see Furtow v Jenstro Enters., Inc., 75 AD3d 494 [2010]; Collins v AA Truck Renting Corp., 209 AD2d 363 [1994]; cf. … NYCTL 2005-A Trust v Rosenberger Boat Livery, Inc., 96 AD3d 425 [2012]; Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb, 72 AD3d 997 [2010]; Mortgage Elec.

Nusz v. Board of Cooperative Educational Services

92 A.D.2d 896 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1983

a determination terminating petitioner as a teacher of trade electricity, the appeal is from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered February 19, 1982, which, inter alla, directed appellant Board … NY2d 291 ; Steele v Board ofEduc., 40 NY2d 456, 463 ; Matter ofBellarosa, 20 Ed Dept Rep 252, 255).

T. J. R. Enterprises, Inc. v. Town Board

50 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1975

A town board’s rejection of *837 an application for a special exception to the town’s zoning ordinance must be accompanied by findings of fact upon which the board based its conclusion. … Such conclusory statements were amply refuted by petitioner’s presentation before the town board and no purpose would be served by remanding the matter for a further hearing (Matter of North Shore Steak House v Board of Appeals

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.

Young Israel of Merrick v. Board of Appeals

304 A.D.2d 834 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2003

March 27, 2002, which granted the petition to the extent of annulling the determination and remitting the matter to the Board of Appeals of the Town of Hempstead for a determination on the merits. … Leave to appeal *835 has not been granted and, under the circumstances of this case, we decline to grant leave to appeal sua sponte (see CPLR 5701 [c]; Matter of Lomangino v Village of Babylon, 166 AD2d 533 [1990]).

Prote Contracting Co. v. Board of Education

135 A.D.2d 523 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1987

Co. v City of New York, 116 AD2d 463 , affd 69 NY2d 794 ). … Co. v Board of Educ., 132 AD2d 538 ). Bracken, J. P., Rubin, Eiber and Spatt, JJ., concur.

Manouel v. Board of Assessors

111 A.D.3d 735 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2013

Where statutory language is clear and unambiguous, a reviewing court may not depart from its plain meaning (see Pultz v Economakis, 10 NY3d 542, 547 [2008]; Matter of Brown v New York State Racing & Wagering Bd., 60 AD3d … In support of their claim that the property satisfied the requirements for small claims assessment review, the petitioners cite Matter of Masters v Board of Assessors ( 188 AD2d 471 [1992]).

Civil Service Employees Ass'n v. Board of Education

239 A.D.2d 415 · Appellate Division of the Supreme Court of the State of New York · May 12, 1997

Board of Higher Educ., 5 NY2d 430, 442 ; Matter of Thompson v City of Poughkeepsie School Dist, 99 AD2d 550 ; Matter of Kolson v New York City Health & Hosps. … If the allegedly aggrieved party does not proceed promptly and make a formal demand, he or she may be charged with laches (see, Austin v Board of Higher Educ., supra; Matter of Kolson v New York City Health & Hosps.

Historic Estates, Inc. v. United Paper Board Co.

260 A.D. 344 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1940

The defendant operates a mill for the manufacture of paper board, and also has several houses on its premises immediately adjacent to those of the plaintiff. … (Butterworth v. Crawford, 46 N. Y. 349 .)

Werter v. Board of Regents of New York

18 A.D.2d 1032 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1963

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Board of Regents which revoked petitioner’s license to practice medicine.

Taylor v. Board of Regents of University

208 A.D.2d 1056 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1994

Following a 1991 hearing before a Hearing Panel of the State Board of Optometry, petitioner was found guilty of the stated charges. … Board of Regents, 183 AD2d 953 ; Matter of Rojas v Sobol, 167 AD2d 707 , lv denied 77 NY2d 806 ).

Mackall v. New York State Board of Parole

91 A.D.2d 1023 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1983

In the absence of a convincing showing to the contrary, it is presumed that the Board of Parole acted properly (Matter of Friedman v Hammock, 80 AD2d 976 , affd 54 NY2d 799 ). … The board’s statement of its reasons for the decision was adequate (Matter of Qafa v Hammock, 80 AD2d 952 ).

People ex rel. v. Board of Supervisors

98 A.D. 390 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

The board was not held down to any technical rules in the investigation of these claims. (People ex rel. Cochran v. … Cochran v.