Case law

People ex rel. Williams v. Board of Canvassers

95 N.Y.S. 1153 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1905

People ex rel. Long v. Board of Sup'rs

100 N.Y.S. 1137 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1906

People ex rel. Morey v. Board of Audit

81 N.Y.S. 1140 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1903

Grossbard v. Board of Regents of the University

15 A.D.2d 714 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1962

Erie County Board of Social Welfare v. Tanyi

16 A.D.2d 748 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1962

People ex rel. Boyce v. Board of Auditors

114 A.D. 909 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1906

D'Alessandro v. Board of Zoning & Appeals of Westbury

177 A.D.2d 694 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1991

; Matter of Otto v Steinhilber, 282 NY 71 ). … Although the Board impermissibly conditioned that variance on the continued occupancy of the premises by the prior owner (see, Matter of Dexter v Town Bd., 36 NY2d 102, 105 ; Matter of St.

McClellan v. Alexander Central School Board of Education

201 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1994

Bowman, 152 AD2d 971, 972 ; Sephton v Board of Educ., 99 AD2d 509 , lv denied 62 NY2d 605 ; Todd v Board of Educ., 272 App Div 618 , affd 297 NY 873 ). … Board of Educ., 34 NY2d 222 , 233; see, Matter of Lorenzo v Board of Educ., 104 AD2d 621 ; Wallace v McElligott, 249 App Div 753 , appeal dismissed 273 NY 635 ).

Arnell Construction Corp. v. Board of Education

193 A.D.2d 640 · Appellate Division of the Supreme Court of the State of New York · May 10, 1993

Co. v Port Auth., 54 NY2d 876 ). … Since the plaintiff failed to do so, it was bound by the subsequent determination that the work in question was its responsibility (Acme Bldrs. v Facilities Dev. Corp., 51 NY2d 833, 834 ).

Rock v. New York State Board of Parole

124 A.D.2d 804 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1986

The serious nature of the crime for which the petitioner was incarcerated and his unsatisfactory performance on a prior parole release constituted sufficient grounds for parole denial *805 (see, Matter of Harden v New York … i [5]; Matter of Abrams v New York State Bd. of Parole, 88 AD2d 951 ).

Gamoneda v. New York City Board of Education

259 A.D.2d 348 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1999

there were no witnesses to the accident, filled out by the police officer who responded to the accident scene, they had, from the outset, notice of the facts upon which plaintiff’s claim is premised (see, Matter of Cicio v … plaintiff attributes her injury was highly transitory and would *349 not have remained for defendants’ investigation even if plaintiffs notices had been timely filed, i.e., within 90 days of the accident (see, Matter of Strauss v

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.

Gerber v. State Board of Equalization & Assessment

71 A.D.2d 951 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 1979

In our opinion the determination under review was supported by substantial evidence and must be confirmed (see Matter of Town of Lewiston v State Bd. of Equalization & Assessment, 3 AD2d 498 , affd 5 NY2d 741 ). … As in Matter of Town of Lewiston v Board of Equalization & Assessment ( 3 AD2d 498, 501-502 , affd 5 NY2d 741 , supra): "We reach the conclusion on review of the record, therefore, that full opportunity was allowed the parties

Shuman v. New York State Racing & Wagering Board

40 A.D.3d 385 · Appellate Division of the Supreme Court of the State of New York · May 17, 2007

Determination of respondent, Racing and Wagering Board, dated October 25, 2004, which, after an evidentiary hearing, found that petitioner had violated the Board’s drug and medication rules and imposed a 30-day suspension … Racing & Wagering Bd., 34 AD3d 895, 897 [2006] [great deference is to be accorded to the Racing and Wagering Board in overseeing horse racing]; see also Matter of Tockwotten Assoc. v New York State Div. of Hous. & Community

Arutt v. State Human Rights Appeal Board

74 A.D.2d 885 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1980

Petitions and cross applications granted to the extent that the orders of the State Human Rights Appeal Board are annulled, on the law, without costs or disbursements, and the matters are remitted to the appeals board for … determinations on the merits of the issues raised on the appeals to it (see Matter of Sarkisian Bros, v New York State Div. of Human Rights, 48 NY2d 816 ).

Town Board of Fallsburgh v. National Surety Corp.

29 A.D.2d 726 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1968

Brown & Wood v. City of Yonkers

248 A.D.2d 615 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1998

proceeding pursuant to CPLR article 4 and Public Officers Law § 18 to recover moneys allegedly due and owing for reasonable attorneys’ fees and disbursements incurred on behalf of Terence Zaleski, the former Mayor of Yonkers, Brown … Thus, it is not entitled to recovery on the basis of quantum meruit (see, Business Jet Airlines v County of Nassau, 105 AD2d 679 ). The appellant’s remaining contentions are without merit. Copertino, J.

Applewhite v. Board of Education

115 A.D.3d 427 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 2014

City of New York, 88 AD3d 527 [1st Dept 2011]; and see Matter of Friedman v Board of Educ. of the City Sch. … Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984]; Matter of Camacho v Kelly, 57 AD3d 297, 298-299 [1st Dept 2008]). Concur — Friedman, J.E, Renwick, Freedman and Feinman, JJ.

Bashir v. Environmental Control Board

113 A.D.3d 763 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2014

Beddoe, 102 AD3d 582, 583 [2013]; see also Capital Source v AKO Med., P.C., 110 AD3d 1026 [2013]; Hidalgo v Cruiser Taxi Corp., 101 AD3d 950, 950 [2012]; Wassertheil v Elburg, LLC, 94 AD3d 753, 753 [2012]; Kolonkowski v Daily … Dept., Div. of Parole, 95 NY2d 267, 270 [2000]; Matter of Edmead v McGuire, 67 NY2d 714, 716 [1986]; Matter of Lubin v Board of Educ. of City of N.Y., 60 NY2d 974, 976 [1983], cert denied 469 US 823 [1984]).

Chung v. New York City Board of Education

136 A.D.3d 608 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 2016

County of Suffolk, 1 NY3d 525 [2003]; Paredes v City of New York, 101 AD3d 424 [1st Dept 2012]; Calcagno v John F. … Defendant also showed that the subject accident was proximately caused by the unanticipated spontaneous act of the other student colliding into infant plaintiff (see Lizardo v Board of Educ. of the City of N.Y., 77 AD3d 437