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

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

Brucia v. Planning Board of Town of Huntington

157 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 1990

to law (see, Matter of Heller v Kabcenell, 126 AD2d 728 ). … Blumenthal, 144 AD2d 766 ; Reed v Planning Bd., 120 AD2d 510 ; Matter of Van Euclid Co. v Sargent, 97 AD2d 913 ).

Douglas v. New York City Board/Department of Education

87 A.D.3d 856 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2011

[or “Board”] of City of N.Y., 51 AD3d 563, 568 [2008]). … [or “Board”] of City of N.Y., 51 AD3d 563, 567 [2008]).

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.

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.

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.

Xerox Corp. v. Board of Assessment Review

115 A.D.2d 260 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1985

Save the Pine Bush, Inc. v. Zoning Board

220 A.D.2d 90 · Appellate Division of the Supreme Court of the State of New York · May 23, 1996

Initially, we note that Giovanone was not aggrieved by the dismissal of the petition and had no need to file a cross appeal (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 544 ). … Foley, 45 NY2d 441, 444 ; Matter of Oreiro v Board of Appeals, 204 AD2d 964, 965 ; Matter of Cunningham v Kerst, 203 AD2d 636, 637 ).

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

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]).

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.

Board of Education v. State

110 A.D.3d 1231 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2013

Petitioners Board of Education of the Kiryas Joel Village Union Free School District, Board of Education of the Washingtonville Central School District and Board of Education of the East Ramapo Central School District (hereinafter … v Novello, 278 AD2d 809, 810 [2000], lv denied 96 NY2d 712 [2001]).

Sullivan v. Board of Commissioners of Pilots

54 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1976

Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent Board of Commissioners of Pilots which, after a hearing, refused to accept petitioner’s application for registration as a Hudson … Further, the review of petitioner’s application undertaken by the board of commissioners, including a hearing at which petitioner’s attorney was present, providing petitioner with the *581 minutes taken thereat and a decision

Novak & Co. v. Board of Higher Education

45 A.D.2d 951 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 1974

(See Bermudez v. City of New York, 22 A D 2d 865.) As we ruled in Bermudez, failure to make a more appropriate showing of a sufficient excuse and a meritorious defense impels us to deny costs on this appeal.

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.)

Lanzarone v. Nassau County Board of Elections

32 A.D.2d 831 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1969

White v. Niagara County Board of Elections

32 A.D.2d 877 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1969

Weinstein v. Planning Board of Great Neck

28 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1967

And it is not disputed that the Planning Board has power to grant such variance under a resolution duly adopted by the Village Board of Trustees. … The self-imposed hardship rule does not apply in an area variance case (Siegel v. Lassiter, 6 A D 2d 879, mot. for lv. to app. den. 5 N Y 2d 709; Matter of Hoffman v. Harris, 17 N Y 2d 138).

Donahue v. Commissioners of Board of Elections

236 A.D. 826 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1932