Case law

Smith v. Schenectady County Board of Elections

210 A.D.2d 1010 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1994

Napolitano v. Town Board of Oyster Bay

128 A.D.2d 536 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1987

Special Term correctly determined that the Town Board’s denial of the petitioners’ application for a change of zone was a legislative action (see, Kasper v Town of Brookhaven, 122 AD2d 200 ; Matter of Amerada Hess Corp. v … 61 ; Northern Westchester Professional Park Assocs. v Town of Bedford, 92 AD2d 267 , affd 60 NY2d 492 ; Curtiss-Wright Corp. v Town of E.

People ex rel. Board of Education v. Draper

157 A.D. 884 · Appellate Division of the Supreme Court of the State of New York · May 15, 1913

People ex rel. Williams v. Board of Canvassers

109 A.D. 919 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1905

People ex rel. Sweet v. Board of Supervisors

93 N.Y.S. 1144 · Appellate Division of the Supreme Court of the State of New York · May 16, 1905

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 ).

Devereaux v. New York State Teachers' Retirement Board

75 A.D.2d 277 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1980

Petitioner’s reliance on Alabama Power Co. v Davis ( 431 US 581, 594 ) is misplaced. … in order to reach the constitutional issue raised (Matter of Fort William Henry Corp. v State Tax Comm., 52 AD2d 664 ).

Johnson v. New York City Board of Education

249 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 1998

Liability may not be imposed upon the defendant, a governmental entity,, absent the existence of a special duty, together with justifiable reliance thereon by the plaintiff to her detriment (see, Verra v City of New York, … The plaintiffs status as a teacher is insufficient, without more, to create the requisite special duty as she was in the same position as every other school employee (see, Bisignano v City of New York, 136 AD2d 671 ).

Citizens Accord, Inc. v. Town Board of Rochester

192 A.D.2d 985 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1993

Contrary to Supreme Court’s decision, we find that the Town Board took a "hard look” at the applicable issues and provided a reasoned elaboration for its determination (see, Matter of Jackson v New York State Urban Dev. … Because it appears from this record that the Town Board’s decision in this aspect was neither deficient nor irrational, we conclude that this determination should be upheld (see, Matter of Har Enters. v Town of Brookhaven

Board of Managers v. Cheskiy

109 A.D.3d 944 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2013

of Directors of Squire Green at Pawling Homeowners Assn., Inc. v Bell, 89 AD3d 657 [2011]; Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb, 72 AD3d 997 [2010]). … Board of Mgrs., One Union Sq.

Font v. New York City Board of Education

170 A.D.2d 928 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1991

On this appeal, the employer relies heavily upon Matter of Goss v Hornblower & Weeks ( 69 AD2d 972 ), in which this court affirmed a decision of the Board rejecting a claim for an alleged consequential injury sustained when … The Board has cited three New York cases which recognize the compensability of an injury sustained while en route to or from a doctor’s office for treatment of a prior compensable injury (see, Matter of Goldberg v 954 Marcy

Saul Sokolov, Inc. v. Board of Assessors

57 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · May 23, 1977

The Board of Assessors of the County of Nassau has cross-appealed, as limited by its brief and "to preserve its rights to review the interlocutory judgment” in another proceeding, from so much of the said judgment as reduced … F., Inc. v Board of Assessors of County of Nassau, 41 NY2d 512 ). We reject petitioner-appellant-respondent’s contention, based on a strained interpretation of Matter of Elmhurst Towers v Tax Comm. of City of N.

Leibring v. Planning Board of Town of Newfane

144 A.D.2d 903 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1988

AD2d 632, 633 ; Matter of Kadish v Simpson, 55 AD2d 911 ). … Further, the Board’s determination of environmental non-significance is merely a conclusory statement without a reasoned elaboration of its basis (see, Matter Tehan v Scrivani, 97 AD2d 769, 771 ).

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 ).

Friedman v. Orange County Board of Elections

226 A.D.2d 721 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1996

Lucas v. Board of Appeals

109 A.D.3d 925 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 2013

Matter of Armonas v Pratt, 138 AD2d 697, 699 [1988]; see also Matter of Sanantonio v Lustenberger, 73 AD3d 934, 936 [2010]). … Matter of La Russo v Neuringer, 105 AD3d 743, 743 [2013]; Matter of Sanantonio v Lustenberger, 73 AD3d 934, 935 [2010]; Matter of Mamaroneck Beach & Yacht Club, Inc. v Zoning Bd. of Appeals of Vil. of Mamaroneck, 53 AD3d

Maksymowicz v. New York City Board of Education

232 A.D.2d 223 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1996

Corp. v Continental Ins. Co., 82 NY2d 281 ; Pennsylvania Gen. Ins. … The owners, or, more accurately, the insurer, who is the real party in interest (McGurran v DiCanio Planned Dev.

Tremarco v. New York State Board of Parole

87 A.D.2d 114 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1982

Walsh v Vincent, 40 NY2d 1049, 1050 .) … Spinks v Harris, 53 NY2d 784 , supra; People ex rel. Mirra v Smith, 83 AD2d 772 , supra.)

Ronaldson v. Countryside Manor Condominium Board of Managers

189 A.D.2d 808 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1993

The Countryside Manor Condominium Board of Managers (hereinafter the Board) gave permission to unit owners to enclose the property to the rear of their respective units by erecting six-foot fences. … The commencement of a legal action has never been held to constitute abuse of process (see, Curiano v Suozzi, 63 NY2d 113 ; Weisman v Weisman, 108 AD2d 853 ).

Boyer v. Chairman, New York State Parole Board

199 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1993

Gray v New York State Bd. of Parole, 174 AD2d 874, 875 , lv denied 78 NY2d 860 ). … The doctrine of exhaustion of administrative remedies clearly bars any relief under CPLR article 78 (see, Matter of Trimaldi v Superintendent, 169 AD2d 960 ; People ex rel. Beyah v Coughlin, 101 AD2d 901, 902 ).