Case law

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).

Arlen Realty & Development Corp. v. Board of Assessors

74 A.D.2d 905 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1980

Durham Realty Corp. v Cantor, 234 NY 507 ). Mollen, P. J., Lazer, Gibbons and Cohalan, JJ., concur.

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 ).

Ficalora v. Town Board Government of East Hampton

276 A.D.2d 666 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2000

the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 1, 1999, which denied his motion for the court to recuse itself, and granted the cross motion of the defendant Town Board … Facilities v Pryke, 172 AD2d 338 ).

Erhardt v. New York State Board

278 A.D. 751 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1951

Brackett v. Kaiser, 209 App. Div. 722 ). All concur. (Appeal from an order denying petitioner’s application to compel defendant to credit him with compensation time.) Present — Taylor, P.

Roosevelt Nassau Operating Corp. v. Board of Assessors

41 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1973

Johnson v. New York City Board of Education

270 A.D.2d 310 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 2000

The plaintiff commenced this action against the New York City Board of Education and the principal of the school to recover damages for physical and emotional injuries based on the events on November 17, 1994, and on March … City of New York, 73 NY2d 930, 932 ; Vitale v City of New York, 60 NY2d 861, 863 ; Bain v New York City Bd. of Educ., 268 AD2d 451 ; Blanc v City of New York, 223 AD2d 522 ).

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]).

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.

Morabito v. Westchester County Board of Legislators

73 A.D.2d 665 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1979

declare as illegal and unconstitutional (1) the act of the Westchester County Tax Commission in amending its 1978 annual report adopting the 1978 New York State advisory ratios and (2) the act of the Westchester County Board … Y. v State Bd. of Equalization & Assessment, 60 AD2d 356 ; Matter of Draper Div. of North Amer. Rockwell Corp. v Board of Assessors of Town of Pierceñeld, 37 AD2d 1038 ; Rose v Elliott, 218 App Div 287 ). Hopkins, J.

Lucia v. Board of Education

109 A.D.3d 545 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Dist., 101 AD3d 1026 [2012]; Matter of Trupiano v Board of Educ. of E. Meadow Union Free School Dist., 89 AD3d 1030 [2011]). … Dist, 101 AD3d at 1027 ; Matter of Trupiano v Board of Educ. of E. Meadow Union Free School Dist, 89 AD3d at 1032 ).

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 ).

Matter of Hampshire Recreation, LLC v. Board of Assessors

137 A.D.3d 1029 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2016

However, where a petitioner demonstrates the existence of a valid and credible dispute regarding valuation, the presumption is rebutted (id. at 188; Matter of Commerce Holding Corp. v Board of Assessors of Town of Babylon … Board of Assessors of Town of Babylon, 88 NY2d at 732 ).

Board of Education v. Miller Place Teachers' Ass'n

70 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1979

The matter was not resolved and the respondent ultimately served a demand for arbitration specifying the nature of the dispute as follows: "Did the Board violate Article V, Section A, paragraphs 1, 2 and 4 [of the contract … [Oneonta Teachers Assn.], 59 AD2d 797, 798 ; see, also, Board of Educ. v Newfane Teachers Assn., 54 AD2d 1119 ).

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]).

Rodriguez v. Board of Education

107 A.D.3d 651 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2013

Schachner, J.), entered May 7, 2012, which granted defendant Board of Education of the City of New York’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion … Sabalza v Salgado, 85 AD3d 436, 437-438 [1st Dept 2011]; Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp., 79 AD3d 518, 519 [1st Dept 2010]).

Board of Managers of the Lore Condominium v. Gaetano

139 A.D.3d 550 · Appellate Division of the Supreme Court of the State of New York · May 19, 2016

Although court orders signed by the parties may constitute a written demand under CPLR 3216 (b) (3) (see Basile v Chhabra, 24 AD3d 149, 150 [1st Dept 2005]), the preliminary conference order does not qualify as such because … id.), and it did not give plaintiff the required 90 days to serve and file the note of issue, or state that plaintiff’s failure to timely do so would serve as a basis for a motion to dismiss (see CPLR 3216 [b] [3]; Mehta v

Dilluvio v. Board of Regents of the University

60 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1977

On our review of this record, we cannot say that the administrative determination of guilt was not supported by substantial evidence or without a rational basis (Matter of Pell v Board of Educ., 34 NY2d 222 ). … We cannot say that the penalty imposed is under all of the attendant circumstances so disproportionate to the offense as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., supra; Matter of Gliwa v

Smith v. Community School Board No. 9, Bronx

49 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 1975

This case does not fall within the ambit of prior cases decided by this court (Matter of Brown v Board of Educ. of City of N.Y., 42 AD2d 702 ; Greenwald v Community School Bd. … No. 19, 48 AD2d 834 ; Matter of Parris v Board of Educ. of City of N.Y., 48 AD2d 835 ).

Boyle v. New York City Board of Elections

185 A.D.2d 953 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1992

were witnessed by Commissioners of Deeds who had not taken the oaths of the signatories nor obtained any statements from them as to the truth of the statements to which they subscribed their names (see, Matter of Zunno v