Case law

Amalgamated Paper Co. v. Board of Education

219 A.D. 782 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1927

Raubvogel v. Board of Appeals on Zoning

10 A.D.2d 1000 · Appellate Division of the Supreme Court of the State of New York · May 31, 1960

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.

Goshen Shopping Associates v. Zoning Board of Appeals

112 A.D.2d 140 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1985

The fact that the property owner’s hardship was self-created, although a factor, does not preclude the granting of area variances (Matter of De Sena v Board of Zoning Appeals, 45 NY2d 105 ). … Moreover, the property will be undevelopable without area variances (see, Matter of New York Inst. of Technology v Tanen, 112 AD2d 164 ). Thompson, J. P., Brown, Weinstein and Kunzeman, JJ., concur.

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 ).

DiMatteo v. Niagara County Board of Elections

133 A.D.2d 519 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1987

Graham v. New York State Board of Parole

50 A.D.3d 1421 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2008

Consequently, this appeal must be dismissed as moot (see Matter of Lebron v Travis, 47 AD3d 1142, 1142 [2008]; Matter of Montalvo v Dennison, 45 AD3d 1162, 1163 [2007]).

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.

Verizon New York, Inc. v. Environmental Control Board

68 A.D.3d 657 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 2009

DoITT’s rule on public pay telephones (67 RCNY 6-05) conflicts with the authorizing statute (Administrative Code of City of NY § 23-408) (see Matter of Jones v Berman, 37 NY2d 42, 53 [1975]).

LOZINAK, SUZANNE v. BOARD OF EDUCATION OF WILLIAMSV

Appellate Division of the Supreme Court of the State of New York · Mar 21, 2014

IN THE MATTER OF SUZANNE LOZINAK, PETITIONER-RESPONDENT, V ORDER BOARD OF EDUCATION OF WILLIAMSVILLE CENTRAL SCHOOL, RESPONDENT-APPELLANT.

Berens v. Planning Board

101 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · May 14, 1984

tides over a certain period of time (see, generally, Borax Cons, v Los Angeles, 296 US 10 ). … P., Gibbons, Brown and Lawrence, JJ., concur.

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]).

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

Schaffer v. Zoning Board of Appeals of Harrison

22 A.D.3d 501 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2005

of Citineighbors Coalition of Historic Carnegie Hill v New York City Landmarks Preserv. … Commn., supra; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172-173 [2002]; Matter of Mehta v Town of Montour Zoning Bd. of Appeals, 4 AD3d 657 [2004]; Matter of Imperial Improvements v

Carbonnier v. Board of Education

112 A.D.3d 406 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2013

both the teacher and the assistant teacher were walking around the playground assisting and monitoring student play, and it was “the impulsive, unanticipated act of a fellow student” that caused the accident (see Mirand v … City of New York, 85 AD3d 586 [1st Dept 2011]; Charles v City of Yonkers, 103 AD3d 765 , 766 [2d Dept 2013] [monkey bars]; Troiani v White Plains City School Dist., 64 AD3d 701, 702 [2d Dept 2009] [monkey bars]).

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.

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]).

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 ).