Case law

Stertzbach v. Board of Cooperative Educational Services

117 A.D.2d 1012 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1986

Board of Coop. … Board of Educ., 35 NY2d 272, 278 ; see also, Cottrell v Board of Educ., 181 Misc 645, 650 , affd 267 App Div 817 , affd 293 NY 792 ; cf.

Weisenthal v. New York State Board of Regents

249 A.D.2d 712 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1998

Board of Regents, 210 AD2d 541, 542 ; see, Matter of Poulard v Commissioner of Health of State of N. … Board of Regents, 169 AD2d 857 , lv denied 77 NY2d 810 , cert denied 502 US 938 ).

Gallonty v. New York City Board of Elections

224 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1996

The Supreme Court properly determined that the objectors substantially complied with the Board of Elections’ rules regarding the filing of specifications of objections to designating petitions (see, Matter of Sullivan v New

Acme Skillman Construction Co. v. Board of Education

106 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1984

Board of Educ., 60 NY2d 539 ). … Corp.], 53 NY2d 306 ; Public Improvements v Board of Educ., 81 AD2d 537 , affd 56 NY2d 850 ). Titone, J. P., Mangano, Brown and Rubin, 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]).

Manouel v. Board of Assessors

111 A.D.3d 735 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2013

Where statutory language is clear and unambiguous, a reviewing court may not depart from its plain meaning (see Pultz v Economakis, 10 NY3d 542, 547 [2008]; Matter of Brown v New York State Racing & Wagering Bd., 60 AD3d … In support of their claim that the property satisfied the requirements for small claims assessment review, the petitioners cite Matter of Masters v Board of Assessors ( 188 AD2d 471 [1992]).

United Water New Rochelle, Inc. v. Planning Board

2 A.D.2d 627 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 2003

G] [3], formerly § 10 [H] [3]; Matter of Twin Lakes Farms Assoc. v Town Clerk of Town of Bedford, 215 AD2d 667 [1995]; Matter of Biondi v Rocco, 173 AD2d 700, 702 [1991]; cf. … Matter of King v Chmielewski, 76 NY2d 182, 187-188 [1990]; Matter of Sun Beach Real Estate Dev. Corp. v Anderson, 98 AD2d 367, 369 [1983], affd on op below 62 NY2d 965 [1984]).

902 Associates v. New York City Loft Board

229 A.D.2d 351 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1996

upheld if not irrational or unreasonable (see, Matter of Johnson v Joy, 48 NY2d 689, 691 ). … Owners v New York City Loft Bd., 118 AD2d 312, 318 , affd 71 NY2d 915 ; see, Ostrer v Schenck, 41 NY2d 782 , 785-786).

Stipo v. Westchester County Board of Elections

307 A.D.2d 1055 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 2003

Therefore, that meeting was held in contravention of the Committee’s rules, and under the circumstances of this case the Supreme Court properly concluded that any action taken at the meeting was invalid (see Israel v Matthews … , 171 AD2d 896, 898 [1991]; Matter of Bachmann v DeFronzo, 164 AD2d 926, 929 [1990]).

Brown v. F. W. Woolworth Co.

275 A.D.2d 805 · Appellate Division of the Supreme Court of the State of New York · May 24, 1949

plaintiff, an invitee at the time of the occurrence of the sublessee in occupation and control of that part of the premises where the accident happened, and defendant’s motion for dismissal should have been granted (Fink v. … Div. 261 ; Cullings v. Goetz, 256 N. Y. 287, 292 ). In view of this disposition of the appeal, we need not now pass upon other points urged for reversal based on other errors in the record.

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

Bradford Teachers Ass'n v. Board of Education

58 A.D.2d 1033 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1977

that the appellants had violated the evaluation clauses of the contract between the association and the school district, acted within his power in ordering reinstatement of the grievant for a fourth probationary year (see Board … High School Dist., Nassau County v Bell-more-Merrick United Secondary Teachers, 39 NY2d 167 ; Board of Educ. of Chautauqua Cent. School Dist. v Chautauqua Cent. School Teachers Assn., 41 AD2d 47 ).

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]).

Prote Contracting Co. v. Board of Education

171 A.D.2d 621 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1991

(See, e.g., F & G Heating Co. v Board of Educ., 103 AD2d 791, 793 ; Castagna & Son v Board of Educ., 151 AD2d 392, 392-393 .) … (Matter of Brown v Board of Trustees, 303 NY 484, 490 ; Matter of Annis v New York City Tr. Auth., 108 AD2d 643, 644 .) No such precautions are necessary when the municipality does not dispute the amount due.

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]).

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.

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).