Case law

Muhammed v. Board of Elections

109 A.D.3d 424 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 2013

The Board of Elections issued two notices of noncompliance relating to defects in the candidate’s cover sheet. … v New York City Bd. of Elec tions, 10 AD3d 461 [2d Dept 2004]; Matter of Krance v Chiaramonte, 87 AD3d 669 [2d Dept 2011], lv denied 17 NY3d 706 [2011]).

Liotti v. Nassau County Board of Elections

171 A.D.2d 769 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1991

, 74 NY2d 799 ; *770 Matter of Staber v Fidler, 65 NY2d 529 ; Matter of Maloney v Board of Elections, 65 NY2d 964 ; Matter of Franco v Velez, 65 NY2d 967 ; Matter of Pecoraro v Mahoney, 65 NY2d 1026 ; Matter of Jonas v Black … P., Brown, Miller and O’Brien, JJ., concur.

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 ).

Spencerport Transportation Ass'n v. Public Employment Relations Board

80 A.D.2d 704 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1981

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Public Employment Relations Board, which dismissed … Employees Assn, v Newman ( 80 AD2d 704 ) are school districts seeking to minimize their exposure to the payment of unemployment insurance benefits on behalf of nonprofessional employees who are unemployed during the ordinary

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]).

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]).

Abascal v. New York State Board of Parole

23 A.D.3d 740 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 2005

Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]; see Matter of Valderrama v Travis, supra at 905; Matter of Moore v Travis, supra at 717-718; Matter of Lomonaco … v New York State Bd. of Parole, supra at 830).

People ex rel. Brown v. State of N.Y. Dept. of Corr.

2022 NY Slip Op 00621 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 2022

Brown v State of N.Y. Dept. of Corr. ( 2022 NY Slip Op 00621 ) People ex rel. Brown v State of N.Y. … GERMAINE BROWN, PETITIONER-APPELLANT, v STATE OF NEW YORK DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT. MEMORANDUM AND ORDER Motion for leave to appeal to the Court of Appeals denied.

Serota v. Town Board of Oyster Bay

198 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1993

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Oyster Bay, dated October 8, 1991, which, after a hearing, denied the petitioner’s application for a special use … Village of Spring Val., 61 NY2d 892, 894 ; Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20, 24-25 ; Matter of Marriott Corp. v Rose, 168 AD2d 682 ; cf., Matter of Triangle Inn v Lo Grande, 124 AD2d 737 ).

Von der Heide v. Zoning Board of Appeals

282 A.D. 1076 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1953

The ordinance permitted a “ boarding house” or an “inn” in such a district and although appellant conceded that the structure which he proposed to erect would not be used as a boarding house, he contended that it would constitute … (Matter of Boardwalk é Seashore Corp. v. Murdock, 286 N. Y. 494 ; Matter of Cherry v. Isbister, 201 App. Div. 856 , affd. 234 N. Y. 607 .) Present — Nolan, P.

Apostolic Holiness Church v. Zoning Board of Appeals

220 A.D.2d 740 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1995

Lewis, 174 AD2d 42, 46 ; see, Cornell Univ. v Bognardi, 68 NY2d 583 ; Jewish Reconstructionist Synagogue v Incorporated Vil. of Roslyn Harbor, 38 NY2d 283 , cert denied 426 US 950 ; Matter of Westchester Reform Temple v Brown … Shore Congregation v Granito, 78 AD2d 855 ; Matter of Seaford Jewish Ctr. v Board of Zoning Appeals, 48 AD2d 686 ).

Wiley v. Board of Appeals of Newburgh

140 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · May 31, 1988

The self-created aspect of the alleged difficulty, by itself, is not determinative and does not preclude the board from granting an area variance (Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309, 315 ; Matter … Accordingly, the Supreme Court acted properly in denying the petition which sought to set aside the determination of the Zoning Board of Appeals. Bracken, J. P., Brown, Weinstein and Rubin, JJ., concur.

New York City Housing & Redevelopment Board v. Foley

23 A.D.2d 84 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1965

Church v. Walsh, 244 N. Y. 280, 287 ; Matter of Community Synagogue v. Bates, 1 N Y 2d 445, 454; Matter of Hunter v. Board of Appeals, 4 A D 2d 961). … Matter of Von Kohorn v. Morrell, 9 N Y 2d 27, 33, supra). The original contention of the Housing Board was that tlic station should be located north of 126th Street.

Perrella v. Suffolk County Classification & Salary Appeals Board

117 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1986

, Matter of Barry v O’Connell, 303 NY 46, 51 ; *605 Matter of New York Water Serv. … Corp. v Water Power & Control Commn., 283 NY 23, 31 ; Sidor v New York State Dept. of Social Servs., 32 AD2d 944, 945 ).

Ahearn v. Zoning Board of Appeals of Shawangunk

158 A.D.2d 801 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1990

We reject the argument (see, Matter of Velez v Board of Appeals, 147 AD2d 648, 649 , lv denied 74 NY2d 760 ), particularly since petitioner received notice and appeared at the hearing (see, Matter of Gaona v Town of Huntington … Hempstead v Village of N.

Wantagh Racquet Sports, Inc. v. Board of Assessor

133 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 1987

We find no merit to the appellant’s contention that the trial court erred in failing to give any weight to a 1980 sale of the subject property (see, Plaza Hotel Assocs. v Wellington Assocs., 37 NY2d 273 , rearg denied 37

People ex rel. Peixotto v. Board of Education

160 A.D. 557 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 1914

Miller v. Peck, 73 App. Div. 89 .) … Walrath v. O’Brien, 112 App. Div. 97), which she should have exhausted before invoking the aid of the court.

Donninger Construction, Inc. v. C.W. Brown, Inc.

113 A.D.3d 724 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2014

Accordingly, applying a “center of gravity” or “grouping of contacts” analysis, it is clear that New York is the State which “has the most significant relationship to the transaction and the parties” (Jimenez v Monadnock … Co., Inc. v B & G Elec. Contrs., Div. of B & G Indus., Inc., 96 AD3d 725 , 726 [2012]).

Dolin v. State Board for Professional Medical Conduct

274 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2000

Here, the Hearing Committee sustained each of the 18 specifications of professional misconduct finding that petitioner received a reprimand from the North Carolina Medical Board because he committed fraud before its Board … has a direct bearing on the applicant’s ability to practice medicine (see, Matter of Abdelmessih v Board of Regents, 205 AD2d 983 ).

Fuller v. New York City Board of Education

206 A.D.2d 452 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1994

It is well established that a school has the duty to exercise the same degree of care toward its students as would a reasonably prudent parent under comparable circumstances (see, Lawes v Board of Educ., 16 NY2d 302, 305 … Board of Educ., supra, at 305; Gattyan v Scarsdale Union Free School Dist.