Case law

Adamczyk v. Erie County Board of Elections

231 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1996

Adamczyk v. Erie County Board of Elections

231 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1996

Broad v. New York City Board/Department of Education

150 A.D.3d 438 · Appellate Division of the Supreme Court of the State of New York · May 9, 2017

Lackow v Department of Educ. [or “Board”] of City of N.Y., 51 AD3d 563, 567 [1st Dept 2008]). … Matter of Russo v New York City Dept. of Educ., 25 NY3d 946 [2015]; [Matter of Webb v City of New York, 140 AD3d 411 [1st Dept 2016]). Concur—Sweeny, J.P., Richter, Andrias, Webber and Gesmer, JJ.

New York State Crime Victims Board v. Abbott

212 A.D.2d 22 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1995

the law unconstitutional (Simon & Schuster v Members of N. … (Simon & Schuster v Members of N. Y. State Crime Victims Bd., supra, at 123.)

Gonzales v. New York State Board of Parole

193 A.D.2d 356 · Appellate Division of the Supreme Court of the State of New York · May 4, 1993

(Matter of Lahey v Kelly, 71 NY2d 135, 144 .) … Watson v Commissioner of N. Y. City Dept. of Correction, 149 AD2d 120, 124 ).

Patel v. Board of Trustees

115 A.D.3d 862 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2014

The respondents argue that dismissal was appropriate, and that lack of ripeness constitutes an appropriate alternative basis for the dismissal (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544-545 … v Zagata, 91 NY2d 447, 453 [1998]).

Pletcher v. New York State Racing & Wagering Board

35 A.D.3d 920 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 2006

Considered in this context, we cannot say that respondent’s construction of *922 the regulations is irrational or unreasonable (see Matter of Johnson v Joy, 48 NY2d 689, 691 [1979]; Matter of Bokman v New York State Racing … Matter of Casse v New York State Racing & Wagering Bd., supra; Matter of Dutrow v New York State Racing & Wagering Bd., supra). We have considered petitioner’s remaining arguments and find them unavailing.

Highway Displays, Inc. v. Zoning Board of Appeals

32 A.D.2d 668 · Appellate Division of the Supreme Court of the State of New York · May 26, 1969

days after they reasonably became chargeable with notice of what had occurred in the transaction between petitioner and the Building Inspector, so long as no elements of undue delay or laches were present (Matter of Pansa v. … Damiano, 14 N Y 2d 356, 359-360; see, also, Traikoff v. Herrema, 30 A D 2d 271, 272-273).

McDonuts Real Estate Ltd. v. Board of Estimate

146 A.D.2d 697 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1989

’s denial of their application for release of the property was not arbitrary, capricious or irrational (see, Matter of Sixteen Eighty W. 7th Corp. v Board of Estimate, 109 AD2d 799 ). … Brown, J. P., Lawrence, Hooper and Spatt, JJ., concur.

Pollock v. Board of Regents of the University

266 A.D. 759 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1943

London v. Zoning Board of Appeals of Huntington

49 A.D.3d 739 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2008

A local zoning board has broad discretion in considering variance applications, and judicial review is limited to ascertaining whether the action taken by the zoning board was illegal, arbitrary and capricious, or an abuse … Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Merlotto v Town of Patterson Zoning Bd. of Appeals, 43 AD3d 926 [2007]).

Tri-Rail Construction, Inc. v. Environmental Control Board

114 A.D.3d 421 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 2014

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.

Fenn v. Suffolk County Board of Elections

59 A.D.2d 709 · Appellate Division of the Supreme Court of the State of New York · Oct 11, 1977

As those petitioners have satisfied the three basic indicia of bona fide residency, the order should be affirmed (see *710 Palla v Suffolk County Bd. of Elections, 38 AD2d 84 , affd 31 NY2d 36 ). Cohalan, J.

Cayuga Grandview Beach Cooperative Corp. v. Town Board

51 A.D.3d 1364 · Appellate Division of the Supreme Court of the State of New York · May 2, 2008

challenging the tax assessment, inasmuch as “challenges to assessments on the grounds that they are illegal, irregular, excessive, or unequal[ ] are to be made in a certiorari proceeding under RPTL article 7” (Matter of Board … Hills Condominium v Board of Assessors of County of Nassau, 202 AD2d 417, 419 [1994], lv denied 83 NY2d 757 [1994]).

Reichman v. New York City Conciliation & Appeals Board

117 A.D.2d 517 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1986

Moore asserted at the Conciliation and Appeals Board (CAB) that Reichman, inter alia, did not give him notice of nonrenewal 120 to 150 days prior to the expiration of the lease, as required by law. … Joy, 42 NY2d 941 ; Matter of Our Lady of Good Counsel v Ball, 45 AD2d 66 , affd 38 NY2d 780 ; cf.

Agor v. Board of Education

115 A.D.3d 1047 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 2014

Shortly thereafter, defendant Board of Education, Northeastern Clinton Central School District adopted a resolution which, among other things, eliminated Medicare reimbursements for District retirees who were not already … Tibbetts, 22 NY3d 344, 353-354 [2013] [internal quotation marks and citation omitted]; see Matter of Warner v Board of Educ., Cobleskill-Richmondville Cent.

Turley v. Board of Regents of the University

54 A.D.2d 1020 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1976

The term "conspiracy” must he interpreted in light of its traditional meaning in the law (see Matter of Tompkins v Board of Regents of Univ. of State of N. Y., 299 N.Y. 469 ). … (Matter of Pell v Board of Educ., 34 NY2d 222 ).

Landau v. New York City Loft Board

174 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1991

—Determination of respondent New York City Loft Board, dated October 20, 1988, which denied petitioners’ application for a hardship exemption pursuant to Multiple Dwelling Law § 285 (2) as to premises located at 307-309-311 … The Loft Board, in a four to three decision, nevertheless denied the application.

Mt. Eden Cemetery Ass'n v. Town Board

205 A.D.2d 511 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1994

zoning ordinance of the Town of Mount Pleasant and (b) proceedings pursuant to CPLR article 78 to review the amendment of the Zoning Ordinance and (2) an action for a permanent injunction, the Town of Mount Pleasant and Town Board